[Rev. 2/27/2019 1:22:52 PM]
κ1983 Statutes of Nevada, Page 721 (CHAPTER 295, SB 118)κ
Sec. 12. NRS 209.181 is hereby amended to read as follows:
209.181 1. If the director finds that it is necessary or desirable that any officer or employee reside at an institution [,] or facility, perquisites granted to the officer or employee or charges for services rendered to him [shall be] are at the discretion of the board.
2. The director shall notify the legislature at each regular session of the existing charges and perquisites.
Sec. 13. NRS 209.211 is hereby amended to read as follows:
209.211 1. The prison warehouse fund is hereby created as an internal service fund. The director shall administer the fund.
2. Purchases for the use of the department must be made from the fund, and as each item purchased is distributed to an institution or facility of the department, its cost [shall] must be charged to the budget of that institution or facility and credited to the fund.
3. Claims against the fund, approved by the director, must be paid as other claims against the state are paid.
Sec. 14. NRS 209.239 is hereby amended to read as follows:
209.239 The [superintendent] warden of each institution and the manager of each facility shall adopt and issue a written policy statement regulating the personal property which an offender may retain in his possession, including:
1. Procedures necessary to ensure that offenders are permitted to retain reasonable amounts of personal property, consistent with security and the proper functioning of the institution [.] or facility.
2. Necessary procedures for the careful handling and secure storage of the personal property of an offender.
Sec. 15. NRS 209.261 is hereby amended to read as follows:
209.261 1. Upon notification by the county clerk of any county in this state that a person is being held under sentence of imprisonment in the state prison, the director shall immediately provide for the transportation of the offender from the place of confinement to an appropriate institution [.] or facility of the department.
2. The expense of such transportation is a charge against the department and [shall] must be paid upon approval by the board as other claims against the state are paid.
3. The reasonable expenses of maintaining every person sentenced to imprisonment in the state prison, after 5 days notice to the director, is a charge against the department.
4. The officer is charge of transporting an offender is entitled to receive the transportation and subsistence allowance authorized by law for state employees.
5. In all cases where an appeal is sustained by the supreme court, further transportation of the offender is at the expense of the county in which the offender was convicted and at the same rate as provided in subsection 4.
Sec. 16. NRS 209.291 is hereby amended to read as follows:
209.291 1. The director may transfer an offender:
(a) From one institution or facility to another within the department; or
(b) To other governmental agencies, in accordance with classification evaluations and the requirements of treatment, training, security and custody of the offender.
κ1983 Statutes of Nevada, Page 722 (CHAPTER 295, SB 118)κ
in accordance with classification evaluations and the requirements of treatment, training, security and custody of the offender.
2. The prison sentence of an offender continues uninterrupted while he is at the correctional facility to which he has been transferred.
3. Whenever a treaty is in force providing for the transfer of offenders between the United States and a foreign country, the director may, with the consent of the governor, approve a transfer as provided in the treaty upon the application of the offender to the director.
Sec. 17. NRS 209.301 is hereby amended to read as follows:
209.301 The department may, with the consent of the superintendent of the Nevada youth training center or the superintendent of the Nevada girls training center, transfer to the Nevada youth training center or the Nevada girls training center any minor persons who are [inmates of] confined in an institution or facility of the department.
Sec. 18. NRS 209.311 is hereby amended to read as follows:
209.311 At the request of a county sheriff or the chief of police of a city, the director may authorize the transfer of a person detained in a local facility to an institution or facility of the department for safekeeping. The director shall determine the cost of the custody and care of that person which [shall] may be borne by the local government affected.
Sec. 19. NRS 209.331 is hereby amended to read as follows:
209.331 An offender may be taken outside an institution [,] or facility, under appropriate precautions to prevent his escape, when necessary for medical evaluation or treatment, as determined by the director.
Sec. 20. NRS 209.341 is hereby amended to read as follows:
209.341 The director shall assign every person who is committed to him for evaluation by the department or who is sentenced to imprisonment in the state prison to an appropriate institution or facility of the department. The assignment must be based on an evaluation of the offenders records, particular needs and custody requirements.
Sec. 21. NRS 209.361 is hereby amended to read as follows:
209.361 The director shall:
1. Adopt with the approval of the board such regulations as are necessary to:
(a) Maintain proper custody of an offender in accordance with his current classification.
(b) Prevent escapes and maintain good order and discipline.
2. Establish procedures by regulation for disposing of cases involving violations of law in institutions or facilities of the department.
3. Establish sanctions appropriate to the type and severity of such violations.
Sec. 22. NRS 209.381 is hereby amended to read as follows:
209.381 1. Each offender in an institution or facility of the department [shall] must be provided a healthful diet and appropriate, sanitary housing.
2. The director with the approval of the board shall establish standards for personal hygiene of offenders and for the medical and dental services of each institution [.] or facility.
κ1983 Statutes of Nevada, Page 723 (CHAPTER 295, SB 118)κ
Sec. 23. NRS 209.423 is hereby amended to read as follows:
209.423 [Superintendents] Wardens and managers may authorize visits and correspondence between offenders and appropriate friends, relatives, and others under regulations adopted by the director and approved by the board.
Sec. 24. NRS 209.433 is hereby amended to read as follows:
209.433 1. Every offender who was sentenced to [an institution of the department] prison on or before June 30, 1969, who has no serious infraction of the regulations of the [institution,] department 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 his term a deduction of 2 months in each of the first 2 years, 4 months in each of the next 2 years, and 5 months in each of the remaining years of the term, and pro rata for any part of a year where the sentence is for more or less than a year.
2. The mode of reckoning credits [shall] must be as shown in the following table:
SCHEDULE OF CREDITS
Number of Time to be
years of Good time Total good time served if
sentence. granted. made. full time is made.
1st year....................... 2 months 2 months 10 months
2nd year....................... 2 months 4 months 1 year, 8 months
3rd year....................... 4 months 8 months 2 years, 4 months
4th year....................... 4 months 1 year 3 years
5th year....................... 5 months 1 year, 5 months 3 years, 7 months
6th year....................... 5 months 1 year, 10 months 4 years, 2 months
7th year....................... 5 months 2 years, 3 months 4 years, 9 months
8th year....................... 5 months 2 years, 8 months 5 years, 4 months
9th year....................... 5 months 3 years, 1 month 5 years, 11 months
10th year...................... 5 months 3 years, 6 months 6 years, 6 months
and so on through as many years as may be the term of the sentence.
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.
4. Each offender is entitled to the deductions allowed by this section unless the board finds that for misconduct or other cause reported by the director he should not receive them.
Sec. 25. NRS 209.443 is hereby amended to read as follows:
209.443 1. Every offender who is sentenced to [an institution of the department] prison after June 30, 1969, who has no serious infraction of the regulations of the [institution,] department or laws of the state [,] recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, 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.
κ1983 Statutes of Nevada, Page 724 (CHAPTER 295, SB 118)κ
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 must be recorded on a monthly basis as earned for actual time served.
2. 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 must be deducted from the maximum term imposed by the sentence and, 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.
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. 26. NRS 209.461 is hereby amended to read as follows:
209.461 1. The director shall:
(a) To the greatest extent possible, establish facilities which approximate the normal conditions of training and employment in the community.
(b) To the extent practicable, require each offender, except those whose behavior is found by the director to preclude participation, to spend 40 hours each week in vocational training or employment, unless excused for a medical reason.
(c) Use the earnings from services and manufacturing conducted by the institutions and the money paid by private employers who employ the offenders or lease space or facilities within the institutions to offset the costs of operating the prison system and to provide wages for the offenders being trained or employed. The director may first deduct from the wages of any offender such amounts as the director deems reasonable to meet any existing obligation of the offender for the support of his family or restitution to any victim of his crime.
2. The director, with the approval of the board, may:
κ1983 Statutes of Nevada, Page 725 (CHAPTER 295, SB 118)κ
(a) Equip and operate facilities for services and manufacturing by offenders.
(b) Employ craftsmen and other personnel to supervise and instruct offenders.
(c) Contract with governmental agencies and private employers for the employment of offenders, including their employment on public works projects under contracts with the state and with local governments.
(d) Lease spaces and facilities within any institution of the department to private employers to be used for the vocational training and employment of offenders.
(e) Contract for the use of offenders services and for the sale of goods manufactured by offenders.
(f) Grant to reliable offenders the privilege of leaving institutions or facilities of the department at certain times for the purpose of vocational training or employment.
Sec. 27. NRS 209.511 is hereby amended to read as follows:
209.511 When an offender is released from [an institution] prison by expiration of his term of sentence, by pardon or by parole, the director:
1. May furnish him with a sum of money not to exceed $100, the amount to be based upon the offenders economic need as determined by the director . [, which shall be paid out of the appropriate account within the state general fund for the use of the department as any other claim against the state is paid.]
2. Shall give him notice of the provisions of NRS 202.360, forbidding ex-felons to possess or have custody of concealable weapons and the provisions of NRS 207.080 to 207.150, inclusive, relating to the registration and fingerprinting of convicted persons.
3. Shall require him to sign an acknowledgment of the notice required in subsection 2.
4. May provide him with clothing suitable for reentering society . [, the cost of which must be paid out of the appropriate account within the state general fund for the use of the department as any other claim against the state is paid.]
5. May provide him with the cost of transportation to his place of residence anywhere within the continental United States, or to the place of his conviction . [, the cost of which]
6. The costs authorized in subsections 1, 4 and 5 must be paid out of the appropriate account within the state general fund for the use of the department as [any] other [claim] claims against the state [is] are paid.
Sec. 28. NRS 211.040 is hereby amended to read as follows:
211.040 1. Payment of expenses and the method of transporting a prisoner from a county jail to an institution or facility of the department of prisons must be as provided in chapter 209 of NRS. When a prisoner is transferred from the county jail to such an institution [,] or facility, the sheriff shall provide the director of the department of prisons with a written report pertaining to the medical, psychiatric, behavioral or criminal aspects of the prisoners history.
κ1983 Statutes of Nevada, Page 726 (CHAPTER 295, SB 118)κ
behavioral or criminal aspects of the prisoners history. This report may be based upon observations of the prisoner while confined in the county jail and must note in particular any medication or medical treatment administered in the jail, including the type, dosage and frequency of administration.
2. Except as provided in subsection 1, the sheriff, personally or by his deputy, or by one or more of his jailers, shall transfer all prisoners within his county to whatever place of imprisonment the sentence of the court may require, at as early a date after the sentence as practicable. For that purpose the board of county commissioners shall pay all necessary costs, charges and expenses of the prisoner or prisoners, and of the officer or officers having charge thereof, to which must be added mileage for each officer, at the rate of 20 cents per mile, one way only.
3. The provisions of subsection 2 apply in cases where prisoners are taken from county jails to be tried in any courts in other counties.
Sec. 29. NRS 212.030 is hereby amended to read as follows:
212.030 When any prisoner [or prisoners escape] escapes from an institution or facility of the department of prisons, the director of the department may issue a warrant for the recapture of the escaped prisoner . [or prisoners, which] The warrant is effective in any county in this state, and may command the sheriff of any county in this state, or any constable thereof, or any police officer of any city in this state, to arrest the prisoner [or prisoners, and make] and return him to the director . [, with the prisoner or prisoners who may be arrested under the warrant.]
Sec. 30. NRS 213.115 is hereby amended to read as follows:
213.115 Notwithstanding the provisions of any other law, any prisoner may be released conditionally on parole at the request of the appropriate authority of another jurisdiction for prosecution for any crime of a magnitude equal to or greater than that for which he was imprisoned, as determined by the severity of the sentences for the two crimes. If after such conditional parole and prosecution by another jurisdiction [such] the prisoner is found not guilty of the crime as charged he [shall,] must, pursuant to the boards written order, be returned to the actual custody of the [warden of the Nevada state prison] department of prisons and shall serve such part of the unexpired term of his original sentence as may be determined by the board.
Sec. 31. 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] department of prisons for that violation, an inquiry 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 must be conducted before an inquiring officer who:
(a) Is not directly involved in the case;
(b) Has not made the report of the violation; and
(c) Has not recommended revocation of the parole,
but he need not be a judicial officer.
κ1983 Statutes of Nevada, Page 727 (CHAPTER 295, SB 118)κ
3. Except in a case where the parolee is a fugitive, the inquiry 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. 32. NRS 213.1515 is hereby amended to read as follows:
213.1515 1. Upon completion of the inquiry, the inquiring officer shall:
(a) Make a written summary of what occurred at the inquiry, noting the substance of the evidence given in support of parole revocation and the parolees position and responses.
(b) Determine whether there is probable cause to hold the parolee for a board hearing on parole revocation.
2. If the inquiring officer determines that there is probable cause, his determination is sufficient to warrant the parolees continued detention and return to [the Nevada state] prison pending the boards hearing.
Sec. 33. NRS 213.160 is hereby amended to read as follows:
213.160 1. A prisoner who is paroled and leaves the state without permission from the board or who does not keep the board informed as to his location as required by the conditions of his parole shall be deemed an escaped prisoner and arrested as such.
2. If his parole is lawfully revoked and he is thereafter returned to [the Nevada state] prison, he forfeits all previously earned credits for good behavior and shall serve such part of the unexpired term of his original sentence as may be determined by the board.
3. The board may restore any good behavior credits forfeited under subsection 2.
4. The time a person is an escaped prisoner is not time served on his term of imprisonment.
Sec. 34. NRS 179.225 is hereby amended to read as follows:
179.225 When the punishment of the crime is the confinement of the criminal in [the Nevada state] prison, the expenses [shall] must be paid from [funds] money appropriated to the governor for [such] that purpose, upon approval by the state board of examiners . [, but after such] After the appropriation is exhausted the expenses [shall] must be paid from the reserve for statutory contingency fund upon approval by the state board of examiners . [; and in] In all other cases they [shall] must be paid out of the county treasury in the county wherein the crime is alleged to have been committed. The expenses [shall be] are the fees paid to the officers of the state on whose governor the requisition is made, and necessary traveling expenses and subsistence allowances in the amounts authorized by NRS 281.160 incurred in returning [such] the prisoner.
κ1983 Statutes of Nevada, Page 728 (CHAPTER 295, SB 118)κ
Sec. 35. NRS 228.170 is hereby amended to read as follows:
228.170 1. Whenever the governor [shall direct,] directs or, in the opinion of the attorney general, to protect and secure the interest of the state it is necessary that a suit be commenced or defended in any federal or state court, the attorney general shall commence such action or make such defense.
2. The attorney general may file an information in district court in Carson City against a person for an offense allegedly committed by such person while he was confined in [a] an institution or facility of the [Nevada state prison.] department of prisons.
Sec. 36. NRS 444.330 is hereby amended to read as follows:
444.330 1. The health division [shall have] has supervision over the sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters, of the following state institutions:
(a) [Nevada state prison.] Institutions and facilities of the department of prisons.
(b) Nevada mental health institute.
(c) Nevada youth training center.
(d) Nevada girls training center.
(e) Northern Nevada childrens home.
(f) Southern Nevada childrens home.
(g) University of Nevada System.
2. The state board of health may adopt [, promulgate and enforce rules and] regulations pertaining thereto as are necessary to promote properly the sanitation, healthfulness, cleanliness and , [safety,] as it pertains to the foregoing matters, the safety of such institutions.
3. The state health officer or his [duly] authorized agent shall inspect such institutions at least once each calendar year and whenever [in his discretion] he deems an inspection necessary to carry out the provisions of this section.
4. The state health officer may publish reports of such inspections.
5. All persons charged with the duty of maintenance and operation of the institutions named in this section shall operate such institutions in conformity with the [rules and] regulations [relating to sanitation, healthfulness, cleanliness and safety, as it pertains to the foregoing matters,] adopted [and promulgated] by the state board of health [.] pursuant to subsection 2.
6. The state health officer or his [duly] authorized agent may, in [implementing] carrying out the provisions of this section, enter upon any [and all parts] part of the premises of any of the institutions named in this section over which he has jurisdiction, to determine the sanitary conditions of such places and to determine whether the provisions of this section and the [rules and] regulations of the state board of health pertaining thereto are being violated.
Sec. 37. NRS 482.368 is hereby amended to read as follows:
482.368 1. Except as provided in subsection 2, the department shall provide suitable distinguishing plates for exempt vehicles. These plates must be provided at cost and must be displayed on the vehicles in the same manner as provided for privately owned vehicles. Any license plates authorized by this section must be immediately returned to the department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the privilege and use tax.
κ1983 Statutes of Nevada, Page 729 (CHAPTER 295, SB 118)κ
to the department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the privilege and use tax.
2. License plates furnished for:
(a) Those automobiles which are maintained for and used by the governor or under the authority and direction of the chief parole and probation officer, the state contractors board and auditors, the state fire marshal, the investigation division of the department of motor vehicles and any authorized federal or out-of-state law enforcement agency;
(b) One automobile used by the [Nevada state prison,] department of prisons, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center;
(c) Vehicles of a city, county or the state, except any assigned to the state industrial insurance system, if authorized by the department for purposes of law enforcement or work related thereto or such other purposes as are approved upon proper application and justification; and
(d) Automobiles maintained for and used by investigators of the following:
(1) The state gaming control board;
(2) The division of brand inspection of the state department of agriculture;
(3) The attorney general;
(4) Duly appointed city or county juvenile officers;
(5) District attorney offices;
(6) Sheriff offices; and
(7) Police departments in the state,
must not bear any distinguishing mark which would serve to identify the automobiles as owned by the state, county or city. These license plates must be issued annually for $5.50 per set.
3. The director may enter into agreements with departments of motor vehicles of other states providing for exchanges of license plates of regular series for automobiles maintained for and used by investigators of the law enforcement agencies enumerated in paragraph (d) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph may not be charged.
4. Applications for the licenses must be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling the vehicles, and no plate or plates may be issued until a certificate has been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words For Official Use Only have been permanently and legibly affixed to each side of the vehicle, except those automobiles enumerated in subsection 2.
5. For the purposes of this section, exempt vehicle means a vehicle exempt from the privilege tax, except one owned by the United States.
κ1983 Statutes of Nevada, Page 730 (CHAPTER 295, SB 118)κ
vehicle exempt from the privilege tax, except one owned by the United States.
6. The department shall adopt regulations governing the use of all license plates provided for in this section. Upon a finding by the department of any violation of its regulations, it may revoke the violators privilege of registering vehicles pursuant to this section.
Sec. 38. NRS 617.135 is hereby amended to read as follows:
617.135 Police officer includes a sheriff, deputy sheriff, city policeman, officer of the Nevada highway patrol, field agent or inspector of the motor carrier division, vehicle emission control officer or field dealer inspector of the registration division, member of the police department of the University of Nevada System or a uniformed employee of the [Nevada state prison] department of prisons whose position requires regular and frequent contact with the offenders imprisoned and subjects the employee to recall in emergencies.
Sec. 39. NRS 644.460 is hereby amended to read as follows:
644.460 1. The following persons are exempt from the provisions of this chapter:
(a) All persons authorized by the laws of this state to practice medicine, dentistry, osteopathic medicine, chiropractic or podiatry.
(b) Commissioned medical officers of the United States Army, Navy, or Marine Hospital Service when engaged in the actual performance of their official duties, and attendants attached to [the same.] those services.
(c) Barbers, insofar as their usual and ordinary vocation and profession is concerned, when engaged in any of the following practices.
(1) Cleansing or singeing the hair of any person.
(2) Massaging, cleansing, stimulating, exercising or similar work upon the scalp, face or neck of any person, with the hands or with mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.
2. Any school of cosmetology conducted as part of the vocational rehabilitation training program [at the Nevada state prison] of the department of prisons or the Nevada girls training center:
(a) Is exempt from the requirements of paragraph (c) of subsection 2 of NRS 644.400.
(b) Notwithstanding the provisions of subsection 4 of NRS 644.400, shall maintain a staff of at least one licensed instructor.
Sec. 40. NRS 209.091 is hereby repealed.
Sec. 41. Sections 25 and 31 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
κ1983 Statutes of Nevada, Page 731κ
Senate Bill No. 345Committee on Government Affairs
CHAPTER 296
AN ACT relating to metropolitan police departments; authorizing contracts between counties or cities and a metropolitan police department for the operation and maintenance of jails by the department; and providing other matters properly relating thereto.
[Approved May 14, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 280 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A department may enter into a contract with a county or any participating city for the operation or maintenance, or both, by the department with its own employees of a jail established by the other contracting party.
________
Assembly Bill No. 564Committee on Commerce
CHAPTER 297
AN ACT relating to optometry; eliminating licensing of optometrists by reciprocity; and providing other matters properly relating thereto.
[Approved May 14, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 636.015 is hereby amended to read as follows:
636.015 Unless otherwise indicated by the context, words and phrases, or variants thereof, employed in this chapter must be construed and given meanings, for the purpose of this chapter, in accordance with the following definitions:
1. Advertise means the use of a newspaper, magazine or other publication, book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, tag, label, window display, store sign, radio announcement [,] or any other means or method now or hereafter employed to bring to the attention of the public the practice of optometry or the prescribing, fitting or dispensing, in connection therewith, of lenses, frames, eyeglasses or other accessories or appurtenances.
2. Applicant means a person who has applied for examination . [or for a license by reciprocity.]
3. Association means the Nevada State Optometric Association.
4. Board means the Nevada state board of optometry.
κ1983 Statutes of Nevada, Page 732 (CHAPTER 297, AB 564)κ
5. Complaint means a complaint against a licensee for the revocation or suspension of his license.
6. Diagnostic pharmaceutical agents means topical ophthalmic anesthetics and topical cycloplegics, miotics and mydriatics.
7. Examination means examination of an applicant [or applicants] for a license.
8. Examinee means a person being or who has been examined by the board.
9. Eye means the human eye.
10. Fee means a fee payable by an applicant or licensee to the secretary.
11. Governor means the governor of the State of Nevada.
12. License means a license to practice optometry in the State of Nevada.
13. Licensee means a person licensed to practice optometry in the State of Nevada.
14. Meeting means a meeting of the board.
15. Member means a member of the board.
16. Membership means membership in the board.
17. Ophthalmic lens means a lens which has cylindrical, prismatic or spherical power or value.
18. Practice of optometry means the doing of any or all the things mentioned in NRS 636.025.
19. President means the president of the board.
20. Register means the register of the licensees.
21. Registration means registration as a licensee.
22. Secretary means the secretary of the board.
23. State means the State of Nevada.
24. Trial frame or test lens means a frame or lens used in testing the eye, which is not sold and not for sale to patients.
25. Unethical or unprofessional conduct means the doing of any or all of the things mentioned in NRS 636.300.
Sec. 2. NRS 636.130 is hereby amended to read as follows:
636.130 The board [shall have] has the power to grant or refuse licenses after examination [or by reciprocity,] and to revoke or suspend the same for any of the causes specified in this chapter.
Sec. 3. NRS 636.210 is hereby amended to read as follows:
636.210 Each person, without discrimination, who [shall have] has successfully passed an examination or reexamination [, or who shall have been granted a license by reciprocity, shall] must be registered in the register of optometrists.
Sec. 4. NRS 636.215 is hereby amended to read as follows:
636.215 The board shall execute a license for each successful examinee . [or person granted a license by reciprocity.] A license [shall:] must:
1. Certify that the licensee therein named has been [duly] examined and found qualified to practice optometry [in this state, or has been granted the license by reciprocity within a certain other state, as the case may be,] and has been [duly] registered as a licensed optometrist in this state; and
κ1983 Statutes of Nevada, Page 733 (CHAPTER 297, AB 564)κ
the case may be,] and has been [duly] registered as a licensed optometrist in this state; and
2. Be signed by the president and secretary.
Sec. 5. NRS 636.280 is hereby amended to read as follows:
636.280 The board shall establish within the limits prescribed a schedule of fees for the following purposes:
Not less than Not more than
Examination..................................................................... $50 $100
Reexamination................................................................. 50 100
[Application for issuance of a license based on reciprocity 200.................................................................................... 600]
Issuance of a license: Actual costs, as set by the board.
Renewal of a license: Not less than $50, and not more than $250, as the board determines annually.
Issuance of a license for an extended clinical facility: Not less than $50, and not more than $300, as the board determines.
Issuance of a duplicate license: Actual cost, as set by the board.
Issuance of a duplicate renewal card.......................... 10 25
Sec. 6. NRS 636.205 is hereby repealed.
Sec. 7. Section 5 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
Senate Bill No. 17Senators Gibson, Ashworth, Robinson and Glover
CHAPTER 298
AN ACT relating to municipal obligations; requiring that the notice of election contain an estimate of the tax rate necessary for debt service if the obligations are issued or incurred; and providing other matters properly relating thereto.
[Approved May 14, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 350.024 is hereby amended to read as follows:
350.024 1. Except as provided in subsection 2, the notice of election must contain:
(a) The time and places of holding the election.
κ1983 Statutes of Nevada, Page 734 (CHAPTER 298, SB 17)κ
(b) The hours during the day in which the polls will be open, which must be the same as provided for general elections.
(c) The purposes for which the obligations are to be issued or incurred.
(d) The maximum amount of the obligations.
(e) The maximum number of years which the obligations are to run.
(f) An estimate of the tax rate necessary to provide for debt service upon the obligations for each date when they are to be issued or incurred. The county assessor shall, for each such date, estimate the assessed value of the property against which the obligations are to be issued or incurred, and the governing body shall estimate the tax rate based upon the assessed value of the property as given in the assessors estimates.
2. Any election called pursuant to NRS 350.020 to 350.070, inclusive, may be consolidated with a general election. If the election [,] is consolidated with the general election, a primary election [,] or a municipal election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election will be the same as those provided for the election with which it is consolidated.
3. If the election is a special election, the notice must contain the date on which registration closes.
________
Senate Bill No. 199Senator Glover
CHAPTER 299
AN ACT relating to the private investigators licensing board; removing its authority to license trainers of watchdogs; and providing other matters properly relating thereto.
[Approved May 14, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 648.0065 is hereby amended to read as follows:
648.0065 [Canine security handler and trainer] Dog handler means any person who, for compensation, handles [and trains canine security and guard animals.] watchdogs.
Sec. 2. NRS 648.060 is hereby amended to read as follows:
648.060 No person, unless he is licensed under this chapter, may:
1. Engage in the business of private investigator, private patrolman, process server, repossessor or [canine security] dog handler ; [and trainer;] or
2. Advertise his business as such, irrespective of the name or title actually used.
Sec. 3. NRS 648.070 is hereby amended to read as follows:
648.070 Every applicant for a license under this chapter shall file with the board a written application accompanied by a fee of $50 to cover costs of examination.
κ1983 Statutes of Nevada, Page 735 (CHAPTER 299, SB 199)κ
cover costs of examination. The fee [shall not be] is not refundable. The written application [shall] must be in accordance with the following provisions:
1. If the applicant is [an individual] a natural person the application [shall] must be signed and verified by [the individual.] him.
2. If the applicant is a firm or partnership the application [shall] must be signed and verified by each [individual] natural person composing or intending to compose [such] the firm or partnership.
3. If the applicant is a corporation:
(a) The application [shall] must be signed and verified by the president, the secretary and the treasurer thereof, and [shall] must specify:
(1) The name of the corporation.
(2) The date and place of its incorporation.
(3) The amount of the corporations outstanding paid-up capital stock.
(4) Whether such stock was paid for in cash or property, and if in property, the nature and description of the property.
(5) The name of the person or persons affiliated with the corporation who possess the qualifications required for a license under this chapter.
(b) The application [shall] must be accompanied by a [duly] certified copy of the corporations certificate of incorporation together with a certification from the secretary of state that the corporation is in good standing and, if the corporation is a foreign corporation, a certification from the secretary of state that the corporation is qualified to do business in this state.
(c) The successor to every such officer shall, [prior to] before entering upon the discharge of his duties, sign and verify a like statement, approved in like manner as this chapter [prescribed] prescribes for an individual signatory to an application.
(d) In the event of the death, resignation or removal of such an officer, [due] notice of that fact [shall] must forthwith be given in writing to the chairman of the board.
4. If the applicant fails to pass the examination required by NRS 648.100 he [shall] must not be reexamined until he has paid another fee of $50 to cover costs of reexamination.
5. If the applicant is applying for a license as a [canine security] dog handler , [and trainer,] the application [shall] must be accompanied by an additional fee of $25 to cover the cost of [a field examination.] an examination in the field. If the applicant fails to pass the [field] examination or cancels the [field] examination within 48 hours [prior to] before the time scheduled for it, he [shall] may not be reexamined in the field until he has paid an additional fee of $25.
Sec. 4. NRS 648.110 is hereby amended to read as follows:
648.110 1. Before the board grants any license, the applicant must : [meet the following requirements:]
(a) Be at least 21 years of age.
(b) Be a citizen of the United States or lawfully entitled to remain and work in the United States.
κ1983 Statutes of Nevada, Page 736 (CHAPTER 299, SB 199)κ
(c) Be of good moral character and temperate habits.
(d) Be a resident of the State of Nevada for at least 6 months.
(e) Have no [felony conviction nor any] conviction of a felony or a crime involving moral turpitude or the illegal use or possession of a dangerous weapon.
(f) If an applicant for a private investigators license, have at least 5 years experience as an investigator, or the equivalent thereof, as determined by the board.
(g) If an applicant for a repossessors license, have at least 5 years experience as a repossessor, or the equivalent thereof, as determined by the board.
(h) If an applicant for a private patrolmans license, have at least 5 years experience as a private patrolman, or the equivalent thereof, as determined by the board.
(i) If an applicant for a process servers license, have at least 2 years experience as a process server, or the equivalent thereof, as determined by the board.
(j) If an applicant for a [canine security] dog handlers [and trainers] license, demonstrate to the satisfaction of the board his ability to handle [and train security and guard animals.
(k) Other] watchdogs.
(k) Meet other requirements as determined by the board.
2. The board when satisfied from recommendations and investigation that the applicant is of good character, competency and integrity, shall issue and deliver a license to the applicant entitling him to conduct the business for which he is licensed, for the [license] period which ends on July 1 next following.
Sec. 5. NRS 648.130 is hereby amended to read as follows:
648.130 1. No license may be issued under this chapter until the applicant files with the board a surety bond executed by the applicant, with two or more sureties or by a surety company authorized to do business in this state, conditioned for the faithful and honest conduct of the business for which the applicant is licensed. The amount of the required bond for:
(a) Private investigators and repossessors is $10,000.
(b) Private patrolmen, process servers [,] and [canine security] dog handlers [and trainers] is $2,000.
2. The bond as to form, execution and sufficiency of the sureties must be approved by the chairman of the board.
3. Every licensee shall maintain on file and in effect the surety bond required by this section. Upon failure to do so, his license must be suspended until such a bond is placed on file.
4. The bond required by this section must be taken in the name of the people of the State of Nevada, and every person injured by the willful, malicious or wrongful act of the principal may bring an action on the bond in his own name to recover damage suffered by reason of such willful, malicious or wrongful act.
________
κ1983 Statutes of Nevada, Page 737κ
Assembly Bill No. 522Committee on Government Affairs
CHAPTER 300
AN ACT relating to cities; making various changes in the law governing annexation by cities in certain counties; and providing other matters properly relating thereto.
[Approved May 15, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 268.580 is hereby amended to read as follows:
268.580 The governing body of any city may extend the corporate limits of such city to include any territory which meets the general standards of subsection 1 and every part of which meets the general standards of subsection 1 and every part of which meets the requirements of either subsection 2, 3, 4 or 5.
1. The total area proposed to be annexed must meet the following standards:
(a) It must be contiguous to the annexing citys boundaries at the time the annexation proceedings are instituted.
(b) Not less than one-eighth of the aggregate external boundaries must be contiguous to the boundaries of the annexing city.
(c) No part of the territory proposed to be annexed [shall] may be included within the boundaries of another incorporated city [.] or within the boundaries of any unincorporated town as those boundaries exist on July 1, 1983.
2. All of the territory proposed to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which meets any one of the following standards:
(a) Has a total resident population density of two or more persons per acre of land included within its boundaries; [or]
(b) Has a total resident population density of one or more persons per acre of land included within its boundaries, and is subdivided or parceled, through separate ownerships, into lots or parcels such that at least 60 percent of the total acreage consists of lots and parcels 5 acres or less in size and such that at least 60 percent of the total number of lots and parcels are 1 acre or less in size; or
(c) Is so developed that at least 60 percent of the total number of lots and parcels in the territory to be annexed, at the time of the annexation, are used for any combination of residential, commercial, industrial, institutional or governmental purposes, and is subdivided or is parceled, through separate ownerships, into lots or parcels such that at least 60 percent of the total acreage, not including the acreage used at the time of annexation for commercial, industrial, institutional or governmental purposes, consists of lots and parcels 5 acres or less in size.
3. In addition to the areas developed for urban purposes, the governing body may include in the territory proposed to be annexed any territory which does not meet the requirements of subsection 2 if such area:
κ1983 Statutes of Nevada, Page 738 (CHAPTER 300, AB 522)κ
(a) Is contiguous to the boundary of the annexing city and lies between the boundary of the annexing city and an area developed for urban purposes, so that the area developed for urban purposes is either not adjacent to the boundary of the annexing city or cannot be served by the annexing city without extending services through such sparsely developed territory; and
(b) Is contiguous, on at least 60 percent of its aggregate external boundaries, to any combination of the boundary of the annexing city and the boundary of the area or areas developed for urban purposes as defined in subsection 2.
The purpose of this subsection is to permit municipal governing bodies to extend corporate limits to include all nearby areas developed for urban purposes where it is necessary to include areas which, at the time of annexation, are not yet developed for urban purposes, but which constitute necessary land connections between the municipality and areas developed for urban purposes or between two or more areas developed for urban purposes.
4. A governing body may also annex any area which does not meet the requirements of subsection 2 if such area is bounded on at least 75 percent of its aggregate external boundaries by existing corporate boundaries of the annexing city.
5. A governing body may also annex any area which does not meet the requirements of subsection 2 if the owners of record of not less than 75 percent of the individual lots or parcels of land within such area sign a petition requesting the governing body to annex such area to the municipality.
Sec. 2. NRS 268.582 is hereby amended to read as follows:
268.582 [Upon petition of the board of county commissioners, or upon petition of not less than 10 percent of the property owners in an unincorporated area developed for urban purposes which is approximately described in the petition,] In addition to initiating annexation proceedings on its own motion pursuant to NRS 268.584, the governing body of any city shall commence action in accordance with the provisions of NRS 268.584 to 268.590, inclusive [.] , upon the petition of the board of county commissioners, or upon the petition of a majority of the owners of real property in an unincorporated area developed for urban purposes which is approximately described in the petition.
Sec. 3. NRS 268.584 is hereby amended to read as follows:
268.584 [1.] The governing body of any city desiring to annex territory under the provisions of NRS 268.570 to 268.608, inclusive, shall first pass a resolution stating the intent of [such] the city to consider [such] the annexation. [Such resolution shall:
(a)] The resolution must:
1. Describe the boundaries of the territory proposed to be annexed;
[(b)] 2. Fix the date for a public hearing on the question of [such] annexation, which [shall] must not be less than 30 days nor more than 60 days following the passage of [such] the resolution; and
κ1983 Statutes of Nevada, Page 739 (CHAPTER 300, AB 522)κ
[(c)] 3. Direct that notice of [such] the public hearing be given in the manner provided in NRS 268.586.
[2. Not less than 60 percent of the area developed for urban purposes contained in not less than one geographical quadrant using the city hall as the quadrant center and contiguous to the municipality shall be included in an annexation proposal.]
Sec. 4. NRS 268.592 is hereby amended to read as follows:
268.592 [Unless] 1. If a majority of the property owners protest [such] the annexation, either [verbally] orally or in writing at the public hearing or in writing within 15 days after the conclusion of [such] the public hearing, the city shall not annex in that proceeding any part of the territory described in the notice. This provision does not preclude a subsequent proceeding with respect to all or part of that territory if that proceeding is commenced more than 1 year after the public hearing.
2. If a majority of the property owners do not protest the annexation in the manner or within the time limited by subsection 1, the governing body [shall have authority,] may, at any regular or special meeting thereof held not sooner than 16 days after the conclusion of the public hearing and not later than 90 days after the conclusion of [such] the hearing, [to] adopt an ordinance extending the corporate limits of the annexing city to include all, or such part, of the territory described in the notice of public hearing, which meets the requirements of NRS 268.580, and which the governing body has concluded should be annexed; but the governing body [shall have authority to] may amend the report provided for in NRS 268.578, to make changes in the plans for service to the area proposed to be annexed, so long as [such] the changes meet the requirements of NRS 268.578.
Sec. 5. NRS 268.596 is hereby amended to read as follows:
268.596 The annexation ordinance [shall] must contain:
1. Specific findings showing that the territory being annexed meets the requirements of NRS 268.580. The external boundaries of the territory being annexed [shall be described by metes and bounds.] must be accurately described.
2. A statement of the intent of the annexing city to extend services to the territory being annexed as set forth in the report required by NRS 268.578. If the report provides that the extension of [such] those services, or portions thereof, [shall] must be done at the expense of the property owners in the territory being annexed, the annexation ordinance [shall] must designate which services, or portions thereof, [shall] must be extended at the expense of the annexing city and which services, or portions thereof, [shall] must be extended at the expense of the property owners.
3. A specific finding that on the effective date of the annexation, the annexing city will have funds appropriated in sufficient amount to finance the extension of any services designated in the report to be made at the expense of the annexing city, into the territory being annexed, or that on the effective date of the annexation the annexing city will have authority to issue bonds in an amount sufficient to finance [such] the extension.
κ1983 Statutes of Nevada, Page 740 (CHAPTER 300, AB 522)κ
finance [such] the extension. If authority to issue [such] the bonds must be secured from the electorate of the annexing city prior to the effective date of the annexation, then the effective date of annexation [shall] must be not earlier than the date following the statement of the successful result of [such] the bond election.
4. The specific date on which the annexation [shall become] becomes effective, which date may be fixed for any date within 12 months from the date of passage of the annexation ordinance; but no such annexation [shall] may become effective within 90 days next preceding any general election at which state or county officers, or officers of the annexing city, are chosen.
Sec. 6. NRS 268.597 is hereby amended to read as follows:
268.597 As an alternative to the procedures for annexation set forth in NRS 268.578 to 268.596, inclusive, the governing body of a city may annex [vacant or unimproved] territory which meets the requirements of subsection 1 of NRS 268.580 if all of the owners of record of individual lots or parcels of land within the area sign a petition requesting the governing body to annex the area to the city . [and submit, along with the petition, a letter of intent to develop the property. The governing body shall promptly notify the clerk of the board of county commissioners of the county in which the city lies that it has received the petition.] If the petition is accepted by the governing body, the governing body may proceed to adopt an ordinance annexing the area and to take such other action as is appropriate to accomplish the annexation.
Sec. 7. NRS 268.577 is hereby repealed.
________
Senate Bill No. 437Committee on Judiciary
CHAPTER 301
AN ACT relating to divorce; providing for the modification of decrees of divorce to divide military pensions; and providing other matters properly relating thereto.
[Approved May 15, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The former spouse of a member of the Armed Forces of the United States who received a decree of divorce on or after June 26, 1981, and on or before January 31, 1983, may request a modification in the district court of the adjudication of property rights in the decree of divorce to determine the spouses rights to support or to a military pension.
2. The district court has no jurisdiction over the spouse who is or was a member of the Armed Forces or over the payments received from the Armed Forces, whether they are received as payment for the spouses active duty in the Armed Forces or as a pension, unless the spouse who is or was a member:
κ1983 Statutes of Nevada, Page 741 (CHAPTER 301, SB 437)κ
(a) Is a resident of the state, other than by reason of an assignment to the state by the Armed Forces of the United States;
(b) Is domiciled within the area over which the court has jurisdiction; or
(c) Had consented to the courts jurisdiction at the time the decree of divorce was entered or at the time of any hearing to modify the decree of divorce.
3. Any petition to modify a decree of divorce pursuant to this section must be filed in the district court on or before December 30, 1983.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 401Assemblyman Malone
CHAPTER 302
AN ACT relating to veteran affairs; modifying the terms for the commissioner and deputy commissioner; requiring the members of the advisory commission to be from a national veterans organization; authorizing the governor to remove members from the commission; changing the dates for the meetings of the commission; and providing other matters properly relating thereto.
[Approved May 15, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 417.040 is hereby amended to read as follows:
417.040 The term of office of the commissioner and the deputy commissioner each [shall be for a period of 2] is 4 years, terminating [regardless of date of appointment on December 31 of each even-numbered year.] on July 1 of the first year of the governors term of office.
Sec. 2. NRS 417.150 is hereby amended to read as follows:
417.150 1. The Nevada veterans advisory commission, consisting of seven members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) Five members who are representatives of nationally recognized veterans organizations.
(b) Two members who are representatives of the general public.
3. The governor may remove a member of the commission at any time for failure to perform his duties, malfeasance or other good cause.
Sec. 3. NRS 417.170 is hereby amended to read as follows:
417.170 1. The advisory commission shall meet at least twice [in every calendar] every fiscal year.
2. Meetings of the advisory commission may be held at the call of the chairman whenever he determines that there is sufficient business to warrant action by the advisory commission or whenever three members of the advisory commission submit a written request for [such] a meeting.
κ1983 Statutes of Nevada, Page 742 (CHAPTER 302, AB 401)κ
3. Notice of the time, place and purpose of all [such meetings shall] meetings must be given in writing to each member at least 5 days [prior to the holding of] before the meeting.
Sec. 4. The terms of the persons who hold the offices of commissioner and deputy commissioner for veteran affairs on June 30, 1983, expire at 12:01 a.m. on July 1, 1983. They shall serve thereafter until their successors have been appointed. The governor shall appoint a commissioner and deputy commissioner for a term ending on July 1, 1987.
________
Assembly Bill No. 573Committee on Government Affairs
CHAPTER 303
AN ACT relating to sheriffs; requiring that deputy sheriffs in certain counties be appointed and removed in accordance with the countys merit personnel system; and providing other matters properly relating thereto.
[Approved May 15, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 248.040 is hereby amended to read as follows:
248.040 1. Except as provided in [subsection 4,] subsections 4 and 5, each sheriff may appoint, in writing signed by him, one or more deputies, who may perform all the duties devolving on the sheriff of the county.
2. No deputy sheriff is qualified to act as such unless he has taken an oath to discharge the duties of the office faithfully and impartially. The oath [shall] must be certified on the back of his appointment and filed in the office of the county auditor.
3. Except as provided in [subsection 4,] subsections 4 and 5, the sheriff may remove his deputy or deputies at pleasure. The sheriff may require of his deputies such bonds as to him [shall seem] seem proper.
4. The sheriff of a metropolitan police department may appoint one or more police officers who [shall] have the same powers and duties as deputy sheriffs. The appointment and removal of [such] those police officers by the sheriff of a metropolitan police department [shall] must be only in accordance with the provisions of the civil service system for [such] the department.
5. In any county whose population is 100,000, or more, the sheriff shall appoint and remove deputies only in accordance with the provisions of the merit personnel system of that county.
________
κ1983 Statutes of Nevada, Page 743κ
Senate Bill No. 403Committee on Judiciary
CHAPTER 304
AN ACT relating to gaming; prohibiting the granting of an option to purchase an interest in a gaming licensee without the prior approval of the Nevada gaming commission; providing that any disposition of such an interest or granting of such an option is void without the commissions approval; and providing other matters properly relating thereto.
[Approved May 15, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.510 is hereby amended to read as follows:
463.510 1. The purported sale, assignment, transfer, pledge or other disposition of any security issued by a corporation which holds a state gaming license or granting of an option to purchase such a security is [ineffective] void unless approved in advance by the commission.
2. If at any time the commission finds that an individual owner of any such security is unsuitable to continue as a gaming licensee in this state, [such] the owner shall immediately offer [such] the security to the issuing corporation for purchase. The corporation shall purchase the security so offered, for cash at fair market value, within 10 days after the date of the offer.
3. Beginning upon the date when the commission serves notice of a determination of unsuitability pursuant to subsection 2 upon the corporation, it is unlawful for the unsuitable owner:
(a) To receive any dividend or interest upon any such security;
(b) To exercise, directly or through any trustee or nominee, any voting right conferred by such a security; or
(c) To receive any remuneration at any form from the corporation, for services rendered or otherwise.
4. Every security issued by a corporation which holds a gaming license [shall] must bear a statement, on both sides of the certificate evidencing [such] the security, of the restrictions imposed by this section.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 744κ
Assembly Bill No. 58Assemblyman Berkley
CHAPTER 305
AN ACT relating to certain businesses; reducing the reporting required of pawnbrokers, junk dealers and secondhand dealers; and providing other matters properly relating thereto.
[Approved May 15, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 646.020 is hereby amended to read as follows:
646.020 1. Every pawnbroker doing business in any incorporated city or unincorporated town in this state shall maintain in his place of business a book or other permanent record in which [shall] must be legibly written in the English language, at the time of each loan [, purchase or sale,] or purchase a record thereof containing:
(a) The date of the transaction.
(b) The name or other identification of the person or employee conducting the transaction.
(c) The name, age, street and house number, the serial number of one piece of positive identification or a work permit issued pursuant to NRS 463.335 and a general description of the [dress,] complexion, color of hair, and facial appearance of the person with whom the transaction is had. In lieu of recording the serial number of a piece of positive identification or a work permit, the record may contain an indication that the pawnbroker knows the person with whom the transaction is had.
[(d) The name, street and house number of the owner of the property received in pledge.
(e) The street and house number of the place from which the property received in pledge was last removed.
(f)] (d) A description of the property received in pledge. In the case of watches, the description [shall] must contain the name of the maker and the number of [both] the works [and] or the case. In the case of jewelry, all letters and marks inscribed thereon [shall] must be included in the description. [When an article received is furniture, or the contents of any house or room actually inspected on the premises, a general record of the transaction shall be sufficient.
(g)] (e) The amount loaned.
[(h) The names, streets and house numbers of all persons witnessing the transaction.
(i)] (f) The number of any pawn ticket issued therefor.
2. The record and all goods received [shall] must at all times during the ordinary hours of business be open to the inspection of the district attorney or of any peace officer.
Sec. 2. NRS 646.040 is hereby amended to read as follows:
646.040 No property received in pledge by any pawnbroker [shall] may be removed from his place of business, except when redeemed by the owner thereof, within [4] 10 days after the receipt thereof [shall have been] is reported to the sheriff or the chief of police as provided in this chapter.
κ1983 Statutes of Nevada, Page 745 (CHAPTER 305, AB 58)κ
have been] is reported to the sheriff or the chief of police as provided in this chapter.
Sec. 3. NRS 646.060 is hereby amended to read as follows:
646.060 Every pawnbroker, and every clerk, agent or employee of a pawnbroker, is guilty of a misdemeanor [, who shall:
1. Fail] if he:
1. Fails to make an entry of any material matter in his book or record kept as provided for in NRS 646.020.
2. [Make] Makes any false entry in his book or record . [kept as provided for in NRS 646.020.
3. Falsify, obliterate, destroy or remove]
3. Obliterates, destroys or removes from his place of business the book or record . [kept as provided for in NRS 646.020.
4. Refuse]
4. Refuses to allow the district attorney or any peace officer to inspect the book or record [kept as provided for in NRS 646.020,] or any goods in his possession, during the ordinary hours of business.
5. [Report] Reports any material matter falsely to the sheriff or to the chief of police.
6. [Fail] Fails to report forthwith to the sheriff or to the chief of police the possession of any property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when [,] and the name of the person from whom [the same was received by him.
7. Remove, or allow] he received the property.
7. Removes or allows to be removed from his place of business, except upon redemption by the owner thereof, any property received [,] within [4] 10 days after the receipt thereof [shall have been] is reported to the sheriff or to the chief of police.
8. [Receive] Receives any property from any person under the age of 18 years, any common drunkard, any habitual user of controlled substances as defined in chapter 453 of NRS, any habitual criminal, any person in an intoxicated condition, any known thief or receiver of stolen property, or any known associate of [such] a thief or receiver of stolen property, whether [such person be] the person is acting in his own behalf or as the agent of another.
9. [Violate] Violates any of the provisions of NRS 646.050.
Sec. 4. NRS 647.020 is hereby amended to read as follows:
647.020 Every junk dealer shall at all times keep conspicuously posted in his office or place of business [:
1. A] a description of and the amount of hides and junk purchased by him each day, together with the names and addresses of the persons [, firms or corporations from which] from whom the purchases were made . [; and
2. A description of and the number of hides and amount of junk sold each day, together with the names and addresses of the persons, firms or corporations to which the sales were made.]
Sec. 5. NRS 647.030 is hereby amended to read as follows:
647.030 1. Every junk dealer shall keep a book in which [shall] must be written in ink at the time of purchase a full and accurate description of each article purchased, together with the full name, residence, drivers license number, vehicle license number [, license number of the vehicle delivering the material] and general description of the person [or persons selling the same.]
κ1983 Statutes of Nevada, Page 746 (CHAPTER 305, AB 58)κ
description of each article purchased, together with the full name, residence, drivers license number, vehicle license number [, license number of the vehicle delivering the material] and general description of the person [or persons selling the same.] selling the article. No entry in the book [shall] may be erased, mutilated or changed.
2. The book [shall] must be open at all times to inspection by the sheriff of the county or any of his deputies, any member of the police [force] department in the city or town, and any constable or other county or municipal [official] officer in the county in which the junk dealer does business.
Sec. 6. NRS 647.110 is hereby amended to read as follows:
647.110 1. Every secondhand dealer doing business in any incorporated city or unincorporated town in this state shall maintain in his place of business a book or other permanent record in which [shall] must be legibly written in the English language, at the time of each purchase , [or sale,] a record thereof containing:
(a) The date of the transaction.
(b) The name or other identification of the person or employee conducting the transaction.
(c) The name, age, drivers license number, [vehicle license number,] street and house number [,] and a general description of the [dress,] complexion, color of hair [,] and facial appearance of the person with whom the transaction is had.
(d) [The name, street and house number of the owner of the property bought.
(e) The street and house number of the place from which the property bought was last removed.
(f) The] If the transaction involves household furniture, the license number of the vehicle delivering each purchase.
[(g)] (e) A description of the property bought. In the case of watches, the description [shall] must contain the name of the maker and the number of [both] the works [and] or the case. In the case of jewelry, all letters and marks inscribed [thereon shall] on the jewelry must be included in the description. When the article bought is furniture, or the contents of any house or room actually inspected on the premises, a general record of the transaction [shall be sufficient.
(h)] is sufficient.
(f) The price paid.
[(i) The names, streets and house numbers of all persons witnessing the transaction.]
2. The record and all goods received [shall] must at all times during the ordinary hours of business be open to the inspection of the district attorney or of any peace officer.
Sec. 7. NRS 647.120 is hereby amended to read as follows:
647.120 1. Every secondhand dealer doing business in any unincorporated town shall, before 12 m. of each day, [furnish] mail in duplicate to the sheriff of the county a full, true and correct transcript of the record of all transactions had on the preceding day.
2. Every secondhand dealer doing business in any incorporated city shall, before 12 m. of each day, furnish , by mail or any other means, in duplicate to the chief of police [thereof,] of the city, a full, true and correct transcript of the record of all transactions had on the preceding day.
κ1983 Statutes of Nevada, Page 747 (CHAPTER 305, AB 58)κ
in duplicate to the chief of police [thereof,] of the city, a full, true and correct transcript of the record of all transactions had on the preceding day.
3. Every secondhand dealer doing business in an unincorporated town or in an incorporated city having good cause to believe that any property in his possession has been previously lost or stolen shall forthwith report [such] that fact to the sheriff or chief of police, respectively, together with the name of the owner if known, and the date when [,] and the name of the person from whom [, the same was received by him.] he received the property.
Sec. 8. NRS 647.130 is hereby amended to read as follows:
647.130 No property which has a specific mark for identification and is bought by any secondhand dealer [shall] may be removed from his place of business within [4] 10 days after the receipt thereof [shall have been] is reported or a record of the receipt of the property is furnished or mailed to the sheriff or the chief of police . [as provided in NRS 647.120.]
Sec. 9. NRS 647.140 is hereby amended to read as follows:
647.140 Every secondhand dealer and every clerk, agent or employee of a secondhand dealer is guilty of a misdemeanor [, who shall:
1. Fail] if he:
1. Fails to make an entry of any material matter in his book or record kept as provided for in NRS 647.110.
2. [Make] Makes any false entry in his book or record . [kept as provided for in NRS 647.110.
3. Falsify, obliterate, destroy or remove] 3. Obliterates, destroys or removes from his place of business the book or record . [kept as provided for in NRS 647.110.
4. Refuse] 4. Refuses to allow the district attorney or any peace officer to inspect the book or record [kept as provided for in NRS 647.110,] or any goods in his possession, during the ordinary hours of business.
5. [Report] Reports any material matter falsely to the sheriff or to the chief of police.
6. [Fail] Fails to report forthwith to the sheriff or to the chief of police the possession of any property which he may have good cause to believe has been lost or stolen, together with the name of the owner, if known, and the date when [,] and the name of the person from whom [, the same was received by him.
7. Remove, or allow] he received the property.
7. Removes or allows to be removed [,] from his place of business any unmarked property received, within [4] 10 days after the [receipt thereof shall have been reported] record of the receipt of the property is furnished or mailed to the sheriff or to the chief of police.
8. [Receive] Receives any property from any person under the age of 18 years, any common drunkard, any habitual user of controlled substances as defined in chapter 453 of NRS, any habitual criminal, any person in an intoxicated condition, any known thief or receiver of stolen property, or any known associate of [such] a thief or receiver of stolen property, whether [such person be] the person is acting in his own behalf or as the agent of another.
κ1983 Statutes of Nevada, Page 748 (CHAPTER 305, AB 58)κ
of stolen property, whether [such person be] the person is acting in his own behalf or as the agent of another.
________
Assembly Bill No. 370Committee on Government Affairs
CHAPTER 306
AN ACT relating to the attorney general; making various changes regarding his representation of governmental agencies; and providing other matters properly relating thereto.
[Approved May 15, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 538.151 is hereby amended to read as follows:
538.151 The attorney general is the attorney for the commission. He shall [, with the approval of the commission,] designate one or more of his deputies to conduct actions, proceedings and hearings for the commission. A deputy so designated shall:
1. Advise the commission on all matters relating to the commission . [; and]
2. Maintain an office in Clark County, Nevada.
Sec. 2. NRS 232.080 is hereby amended to read as follows:
232.080 The attorney general is the counsel and attorney for the department. The attorney general [, with the advice and consent of the director,] shall designate one of his deputies to be counsel and attorney for the department in all actions, proceedings and hearings. The deputy so designated:
1. Is the legal adviser of the department in all matters relating to the department and to the powers and duties of its officers.
2. Shall maintain his office in Carson City, Nevada, in an office provided by the department.
3. Is in the unclassified service of the state pursuant to subsection 5 of NRS 284.140.
Sec. 3. NRS 278.810 is hereby amended to read as follows:
278.810 1. The governing body may determine the qualifications of and appoint an executive officer for the agency and may, within the limits of available funds, fix the salary of [such] the executive officer. The governing body may also, within the limits of available funds, employ such other staff [and legal counsel] as may be necessary to execute the powers and functions provided for under NRS 278.780 to 278.828, inclusive, or in accordance with any intergovernmental contracts or agreements which the agency may be responsible for administering.
2. The agency is a public employer for the purposes of chapter 286 of NRS, and a public agency for the purposes of chapter 287 of NRS.
κ1983 Statutes of Nevada, Page 749 (CHAPTER 306, AB 370)κ
3. The attorney general may, upon request, act as the attorney for the agency.
________
Senate Bill No. 211Senators Raggio, Wagner, Mello, Townsend, Wilson, Glaser and Glover
CHAPTER 307
AN ACT relating to juries; extending the time for demanding a jury trial; reducing the size of trial juries in criminal actions before justices courts; and providing other matters properly relating thereto.
[Approved May 16, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 175.011 is hereby amended to read as follows:
175.011 1. In a district court, cases required to be tried by jury [shall] must be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the state. A defendant who pleads not guilty to the charge of a capital offense must be tried by jury.
2. In a justices court, a case [shall] must be tried by jury only if the defendant so demands in writing not less than [5 days prior to] 30 days before trial. Where a case is tried by jury, a reporter must be present who is an official reporter for a district court of this state, and shall report the trial.
Sec. 2. NRS 175.021 is hereby amended to read as follows:
175.021 1. Trial juries for criminal actions are formed in the same manner as trial juries in civil actions.
2. [Juries shall be] Except as provided in subsection 3, juries must consist of 12 jurors, but at any time before verdict , the parties may stipulate in writing with the approval of the court that the jury [shall] consist of any number less than 12 [.] but not less than six.
3. Juries must consist of six jurors for the trial of a criminal action in a justices court.
________
κ1983 Statutes of Nevada, Page 750κ
Assembly Bill No. 507Assemblymen Bogaert, May, Brady and Jeffrey
CHAPTER 308
AN ACT relating to depositories of public money; allowing the state treasurer to negotiate the rate of interest for time certificates of deposit; requiring the depositories to send periodic reports only to the state treasurer; and providing other matters properly relating thereto.
[Approved May 16, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 356.015 is hereby amended to read as follows:
356.015 1. [Except as otherwise provided in subsection 2, the] The state treasurer shall establish [as] the rate of interest to be paid on the maturity of each time certificate of deposit . [a rate which is:
(a) Greater than;
(b) Equal to; or
(c) Not more than one-half percent (otherwise expressed as 50 basis points) below,
the yield, 1 week before the deposit is made of a collaterally pledged municipal deposit of like amount and term as reported by a major financial institution or reporting service.
2. With the written consent and approval of the state board of finance, the state treasurer may establish as the rate of interest to be paid on the maturity of each time certificate of deposit a rate which is more than one-half percent (otherwise expressed as 50 basis points) below the yield 1 week before the deposit is made of a collaterally pledged municipal deposit of like amount and term as reported by a major financial institution or reporting service.
3.] 2. The state treasurer shall make all such deposits through warrants of the state controller.
[4.] 3. The state controller shall maintain accurate records of inactive deposits. Time certificates of deposit which are placed with insured banks and savings and loan associations shall be deemed to constitute inactive deposits.
Sec. 2. NRS 356.040 is hereby amended to read as follows:
356.040 [1.] At the close of business at the end of each month and at any other time, upon demand of the state treasurer , [or the state board of finance,] every depository bank, credit union or savings and loan association shall:
[(a)] 1. Furnish the state treasurer with a statement of the account, verified or certified by some officer of the depository, upon a form to be fixed by the state treasurer.
[(b)] 2. Return to the state treasurer all paid checks and vouchers.
[(c) Mail a copy of the statement of the account to the state board of finance and a copy to the superintendent of banks, the commission of credit unions or the commissioner of savings associations. The superintendent or commissioner immediately shall mail a copy thereof to the president or other chief executive officer of the bank, credit union or savings and loan association.
κ1983 Statutes of Nevada, Page 751 (CHAPTER 308, AB 507)κ
thereof to the president or other chief executive officer of the bank, credit union or savings and loan association.
2. Every such insured bank, credit union or savings and loan association shall also, upon demand of the superintendent or commissioner, furnish him with such a verified statement and paid checks and vouchers.]
________
Senate Bill No. 104Committee on Commerce and Labor
CHAPTER 309
AN ACT relating to electric utilities; providing for the adjustment in rates to fund the conversion of a generating facility to make it capable of being fired by coal; and providing other matters properly relating thereto.
[Approved May 16, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires:
1. Coal includes anthracite, bituminous or subbituminous coal, and lignite.
2. Cost of the conversion means the cost determined by the commission to be reasonable and necessary for a conversion, including the cost of:
(a) Engineering, administration and any legal expenses;
(b) Environmental studies and control equipment;
(c) Equipment and facilities for the handling, storage and combustion of coal;
(d) Equipment and facilities for the handling, storage and disposal of the resulting waste, regardless of their location;
(e) Adapting or refurbishing boilers to permit the combustion of coal; and
(f) Interest and other expenses relating to the financing of the conversion,
whether or not those costs are incurred before the date of initial conversion. The term does not include any costs incurred to expand the facilitys generating capacity during the conversion.
3. Cost saved means the difference in cost between an amount of coal and an equal amount of gas or oil calculated on the basis of British thermal units.
4. Date of initial conversion means the first day on which an existing facility for the generation of electricity which was fired by gas or oil generates electricity for continuous distribution to customers by the combustion of coal, whether or not additional work must be performed to complete construction on or the conversion of the facility.
κ1983 Statutes of Nevada, Page 752 (CHAPTER 309, SB 104)κ
Sec. 3. 1. A public utility proposing to convert an existing facility in this state for the generation of electricity which is fired by gas or oil to a facility which is also capable of being fired by coal may apply to the commission for an adjustment in its rates to permit its recovery of the cost of the conversion.
2. After receipt of such an application, the commission shall hold a public hearing within 120 days to consider whether to authorize such an adjustment and, if authorized, the methods to be used to permit the recovery.
Sec. 4. 1. The commission shall render its written decision within 180 days after receiving the application for such an adjustment.
2. The commission shall render its decision based on the record and may grant the application, deny it or grant it according to such terms, conditions or modifications as the commission finds appropriate.
3. The commission may grant an application for such an adjustment if it determines that:
(a) There is substantial evidence that the projected saving in fuel is greater than the cost of conversion.
(b) The conversion is consistent with and included in the utilitys plan for resources.
(c) The conversion will substantially benefit the utilitys customers.
4. If the applicant becomes, by reason of the conversion, entitled to any federal or state grant, the commission shall make such determinations and issue such orders as are necessary to reduce the amount of the cost of the conversion which the applicant would otherwise recover by means of the adjustment. If such a grant is received after the termination of the adjustment, the commission shall make such determinations and issue such orders as are necessary to return any excess collected to the customers.
Sec. 5. 1. The amount of the adjustment must:
(a) Permit the applicant to recover the cost of the conversion, net of any taxes which may be imposed on the applicant for revenue received because of the adjustment, within the period of recovery authorized by the commission.
(b) Be at least two-thirds, but not more than three-fourths, of the cost of the fuel saved.
2. The commission shall not recognize, when calculating any rate, price or charge, other than the amount of the adjustment, the costs of the conversion subject to the requirements of this section.
Sec. 6. On the date of initial conversion, the public utility shall file with the commission a tariff which sets forth the adjustment in the rates authorized as a result of the conversion.
Sec. 7. 1. A public utility shall annually present to the commission a certified accounting of the cost of conversion and an accounting of the revenues it has received in that year from the adjustment in its rates.
2. When a public utility has fully recovered its share of the cost of conversion and the debt and interest thereon are paid, or at the end of the period set for the recovery, whichever is sooner, it shall:
κ1983 Statutes of Nevada, Page 753 (CHAPTER 309, SB 104)κ
(a) Stop the adjustment;
(b) Rescind the applicable tariff;
(c) Present the commission with proof of the public utilitys compliance with all orders of the commission regarding the adjustment; and
(d) Present the commission with a complete accounting of the cost of conversion and revenues it has received through the adjustment.
3. If the proof so presented in subsection 2 shows that the revenue collected pursuant to the adjustment is not equal to the public utilitys share of the cost of the conversion, the commission shall order any actions necessary to return any excess or collect the amount still needed for full recovery.
Sec. 8. The faith of the state is hereby pledged that this act will not be repealed, amended or modified to impair any tariff or charge ordered by the commission pursuant to those sections.
________
Senate Bill No. 435Committee on Taxation
CHAPTER 310
AN ACT relating to property taxes; providing an exemption from such taxes for the Nathan Adelson Hospice; and providing other matters properly relating thereto.
[Approved May 16, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:
All real and personal property of the Nathan Adelson Hospice in the State of Nevada is exempt from taxation but that property must be taxed if it is used for any purpose other than carrying out the legitimate functions of the hospice.
________
κ1983 Statutes of Nevada, Page 754κ
Assembly Bill No. 400Assemblyman Joerg
CHAPTER 311
AN ACT relating to traveling merchants; repealing the special restrictions on their licensing in favor of the general law on business licenses; and providing other matters properly relating thereto.
[Approved May 16, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 650.010, 650.020, 650.030 and 650.040 are hereby repealed.
________
Senate Bill No. 413Committee on Government Affairs
CHAPTER 312
AN ACT relating to metropolitan police departments; requiring certain appointments to positions as executive officers of a department to be made from persons within the civil service; and providing other matters properly relating thereto.
[Approved May 16, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 280.290 is hereby amended to read as follows:
280.290 1. The chief law enforcement officer, and except as limited or otherwise provided in this chapter the chief administrative officer, in a department is the sheriff of the county in which a department is located. Except as otherwise specifically provided or limited, [such] the sheriff shall continue to perform all of his duties and retain all of his powers as sheriff of the county.
2. Upon merger, the chief of police of the largest participating city [shall be] is second in command of the department and [shall] must be designated as undersheriff of the department.
3. Upon merger, the chiefs of police of other participating cities, the assistant chiefs of police of other participating cities, the chief deputies or deputy chiefs, or both, and the undersheriff of the county are entitled to obtain employment with the department in positions which their leadership abilities warrant.
4. Upon merger, all persons designated in subsections 2 and 3 [shall] are entitled to retain an equivalent rank in the department at least until the expiration of the current term of office of the sheriff, except that [such persons] they may be removed for cause. [Each of the persons designated in subsections 2 and 3 shall hold and be entitled to return to the highest civil service rank if he is removed from his appointed position for reasons other than cause requiring termination.
κ1983 Statutes of Nevada, Page 755 (CHAPTER 312, SB 413)κ
to return to the highest civil service rank if he is removed from his appointed position for reasons other than cause requiring termination.
5. The] Upon merger, or at any time thereafter, the persons selected to fill any of the positions listed in subsections 2 and 3 [shall] or the position of assistant sheriff or commander must be selected from the highest civil service rank in the department [.] and are entitled to return to that rank if removed from one of those positions. No appointments may be made to those positions of persons from outside the department.
________
Assembly Bill No. 258Assemblymen Joerg and Thomas
CHAPTER 313
AN ACT relating to Carson City; making various amendments to its charter; and providing other matters properly relating thereto.
[Approved May 16, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 1.050 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 148, is hereby amended to read as follows:
Sec. 1.050 Taxing districts: Creation boundaries.
1. Carson City [must be] may be divided into no more than four taxing districts whose boundaries [are] must be fixed by the board of supervisors according to the kind and degree of municipal services provided. [If there are not enough substantial differences to establish four districts, the supervisors may establish three or two taxing districts until such differences arise.]
2. The boundaries of any taxing district must be established or modified by ordinance. The [supervisors] board shall make specific findings of [any additional] the differences in municipal services [which will be provided to a new taxing district] before an ordinance is adopted [which will increase the tax rate within that] to create, abolish or change the boundaries of a district.
3. The board [of supervisors] shall, not less than 30 days before the first reading of the proposed ordinance, mail [written] a notice to the last known address of each [property owner within the area to be affected by the modification of boundaries.] owner of property whose district is to be changed. This notice must set forth the substance of the ordinance and the time when and place where the ordinance will be considered.
4. In addition to any other requirement, the board [of supervisors] shall publish notice of a public hearing for the proposed modification of district boundaries once a week for 2 consecutive weeks before the first reading of the proposed ordinance. The notice must be published in a newspaper of general circulation and must set forth the substance of the ordinance and the time when and place where the ordinance will be considered.
κ1983 Statutes of Nevada, Page 756 (CHAPTER 313, AB 258)κ
must be published in a newspaper of general circulation and must set forth the substance of the ordinance and the time when and place where the ordinance will be considered.
5. The board may, as a condition of approval of a subdivision, parcel map or other change in the use of land which will result in an increase in municipal services, place the property in another taxing district.
Sec. 2. Section 1.060 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 690, Statutes of Nevada 1979, at page 1856, is hereby amended to read as follows:
Sec. 1.060 Wards: Creation; boundaries.
1. Carson City [shall] must be divided into four wards, which [shall] must be as nearly equal in population as can be conveniently provided, and the territory comprising each ward [shall] must be contiguous.
2. The boundaries of wards [shall] must be established and [changed] realigned, if necessary, by ordinance , passed by a vote of at least three-fifths of the board of supervisors. [The boundaries of wards shall be changed whenever the population in any ward exceeds the population in any other ward by more than 5 percent. On January 1 preceding any general election at which supervisors are to be elected, the board of supervisors shall ascertain whether or not the boundaries of the wards must be changed. In such event, the board of supervisors shall realign the boundaries of the wards to comply with this section within 90 days.
3. In determining population as required by this section the board of supervisors may utilize current and accurate population estimates or other methods found to be reliable.]
3. The board shall realign any such boundaries on or before January 1 preceding the next general election at which supervisors are to be elected, if reliable evidence indicates that the population in any ward exceeds the population in any other ward by more than 5 percent. In any case, the board shall reconsider the boundaries of the wards upon the receipt of the necessary information from the preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce.
Sec. 3. Section 2.285 of the charter of Carson City, being chapter 690, Statutes of Nevada 1979, at page 1857, is hereby amended to read as follows:
Sec. 2.285 Power of board: Ambulance franchise. The board may : [grant]
1. Grant an exclusive franchise to provide ambulance services or to operate an ambulance within Carson City [.] ; or
2. Provide ambulance services or operate an ambulance within Carson City, exclusively or in conjunction with others.
Sec. 4. Section 4.030 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as amended by chapter 517, Statutes of Nevada, 1979, at page 1000, is hereby amended to read as follows:
κ1983 Statutes of Nevada, Page 757 (CHAPTER 313, AB 258)κ
Sec. 4.030 Municipal court: Judges.
1. The justice of the peace of Carson City is ex officio a judge of the municipal court of Carson City.
2. The board of supervisors may by ordinance establish a second department of the municipal court. The judge of this department must be:
(a) A resident of Carson City for a continuous 6-month period immediately preceding his election.
(b) A qualified elector.
3. The board may appoint a municipal judge for a part-time or temporary position. The board shall establish the hours of service for this position.
4. The salary of the judges of the municipal court must be fixed by the board [of supervisors] and be paid in equal monthly installments.
Sec. 5. Section 7.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as amended by chapter 690, Statutes of Nevada, 1979, at page 1864, is hereby amended to read as follows:
Sec. 7.010 Debt limit.
1. Carson City shall not incur an indebtedness for the taxing district or districts which incorporate the former urban district which with the indebtedness then outstanding for such district exceeds [10] 15 percent of the total assessed valuation of the taxable property within the boundaries of the district [, except indebtedness incurred for and related to the water supply of Carson City,] as shown by the last preceding assessment for general (ad valorem) tax purposes. Indebtedness incurred by Carson City [prior to] before the effective date of this charter [shall] must be considered in determining the debt limitation of the taxing district or districts which incorporate the former urban district.
2. Carson City shall not incur an indebtedness for the city as a whole which with the indebtedness then outstanding for the city as a whole exceeds [10] 15 percent of the total assessed valuation of the taxable property within the boundaries of the city [, except indebtedness incurred for and related to the water supply of Carson City,] as shown by the last preceding assessment for general (ad valorem) tax purposes. Indebtedness incurred by Ormsby County [prior to] before the effective date of this chapter [shall] must be considered in determining the debt limitation of the city as a whole.
3. Any indebtedness of Carson City incurred [prior to] before the effective date of this charter, or of the taxing district or districts which incorporate the former urban district, [shall] must not be considered in determining the debt limitation of the city as a whole. Any indebtedness of Ormsby County incurred [prior to] before the effective date of this charter, or of the city as a whole incurred after the effective date of this charter, [shall] must not be considered in determining the debt limitation of the taxing district or districts which incorporate the former urban district.
4. In determining any debt limitation under this section, there [shall] must not be counted as indebtedness:
κ1983 Statutes of Nevada, Page 758 (CHAPTER 313, AB 258)κ
(a) Any revenue bonds, unless the full faith and credit of the city is also pledged to their payment.
(b) Any special assessment bonds, although a deficiency in the proceeds of the assessments is required to be paid from the general fund of the city.
(c) Any short-term securities issued in anticipation of and payable from property taxes levied for the current fiscal year.
Sec. 6. Section 7.030 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 690, Statutes of Nevada 1979, at page 1865, is hereby amended to read as follows:
Sec. 7.030 Borrowing money.
1. Subject to the limitations imposed by this article, Carson City may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this chapter or by Nevada Revised Statutes for a city or county or both, and for such purpose may issue bonds or other securities. The Local Government Securities Law applies to all securities so issued.
2. [The board shall submit any proposal to borrow money, except short-term financing, as defined and authorized by chapter 354 of NRS, to the registered voters of the affected area in the manner provided by NRS 350.010 to 350.070, inclusive.
3. If the indebtedness is for the taxing district or districts which incorporate the former urban district:
(a) The question shall be submitted only to the registered voters residing in the district or districts affected.
(b) Any property tax levied to pay the principal of or interest on such indebtedness shall be levied only upon taxable property within that district or districts affected.
4. If the indebtedness is for the city as a whole:
(a) The question shall be submitted to the registered voters of the city.
(b) Any property tax levied to pay the principal of or interest on such indebtedness shall be levied upon all taxable property within the city.
5.] Any ordinance pertaining to the sale or issuance of bonds or other securities may be adopted in the same manner as is provided for cases of emergency. A declaration by the board in any ordinance that it is of this kind [shall be] is conclusive in the absence of fraud or gross abuse of discretion.
Sec. 7. Section 7.040 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 308, is hereby amended to read as follows:
Sec. 7.040 Franchises.
1. Before granting any franchise the board shall first adopt a resolution which [shall set] sets forth fully, and in detail, the applicant for, the purpose and character of, terms, time and conditions of the proposed franchise. [Such] The resolution [shall] must be published in full in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in Carson for at least two publications in [the 2 weeks succeeding its adoption.]
κ1983 Statutes of Nevada, Page 759 (CHAPTER 313, AB 258)κ
238 of NRS and published in Carson for at least two publications in [the 2 weeks succeeding its adoption.] 2 successive weeks.
2. [On the first regular meeting of the board,] Within 60 days after the expiration of the period of [such] publication, the board shall [proceed to pass] consider an ordinance for the granting of the franchise [; but such franchise shall be granted only] on substantially the same terms and conditions as expressed in the resolution . [as published. Otherwise such ordinance shall be] A franchise so granted on any other terms is void.
________
Assembly Bill No. 2Assemblymen Dini and Vergiels
CHAPTER 314
AN ACT making an appropriation from the state general fund to the department of administration of bill drafts for executive agencies and the judicial department for the fiscal year ending June 30, 1983; and providing other matters properly relating thereto.
[Approved May 16, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. For the fiscal year ending June 30, 1983, there is hereby appropriated from the state general fund the sum of $35,000 to the budget division of the department of administration for preparation of bill drafts for executive agencies and the judicial department of the state, for the 62nd session of the Nevada legislature.
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.
________
Assembly Bill No. 318Assemblyman Malone
CHAPTER 315
AN ACT relating to the taxation of business enterprises; requiring certain evidence from the state as a prerequisite to the issuance of a local license; authorizing the exchange of information between the department of taxation and local governments; and providing other matters properly relating thereto.
[Approved May 16, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.335 is hereby amended to read as follows:
244.335 1. Except as provided in subsection 2, the board of county commissioners may:
κ1983 Statutes of Nevada, Page 760 (CHAPTER 315, AB 318)κ
(a) Regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.
(b) Fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
2. The county license boards have the exclusive power in their respective counties to regulate the business of conducting a dancing hall, escort service, or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such businesses.
3. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the state has issued or will issue a license required for this activity.
4. Any license tax levied for the purposes of NRS 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien [shall] must be enforced in the following manner:
(a) By recording in the office of the county recorder, within 90 days following the date on which [such] the tax became delinquent, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year [.] ;
(2) The name of the record owner of the property [.] ;
(3) A description of the property sufficient for identification [.] ; and
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against [such] the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
[4.] 5. The board of county commissioners may delegate the authority to enforce such liens to the county fair and recreation board. All information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and [shall] must not be disclosed by any member, official or employee of the county fair and recreation board or the county imposing [such] the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board.
κ1983 Statutes of Nevada, Page 761 (CHAPTER 315, AB 318)κ
majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.
Sec. 2. NRS 268.095 is hereby amended to read as follows:
268.095 1. The city council or other governing body of each incorporated city or town in the State of Nevada, whether [or not] organized under general law or special charter, [shall have the power and jurisdiction:
(a) To fix,] may:
(a) Fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.
(b) [To assign] Assign the proceeds of any one or more such license taxes to the county within which [such] the city or town is situated for the purpose or purposes of making [such] the proceeds available to the county:
(1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;
(2) For redeeming any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;
(3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby:
(4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;
(5) For improving, extending and bettering recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive; and
(6) For constructing, purchasing or otherwise acquiring such recreational facilities.
2. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the state has issued or will issue a license required for this activity.
3. Any license tax levied under the provisions of this section [shall constitute] constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien [shall] must be enforced in the following manner:
(a) By recording in the office of the county recorder, within 90 days following the date on which such tax became delinquent, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year [.] ;
(2) The name of the record owner of the property [.] ;
κ1983 Statutes of Nevada, Page 762 (CHAPTER 315, AB 318)κ
(3) A description of the property sufficient for identification [.] ; and
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
[3.] 4. The city council or other governing body of each incorporated city or town may delegate the power and authority to enforce such liens to the county fair and recreation board. All information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and [shall] must not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing [such] the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the department of taxation for the exchange of information concerning taxpayers.
[4.] 5. The powers conferred by this section [shall be] are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section [shall] do not affect the powers conferred by, any other law. No part of this section [shall repeal or affect] repeals or affects any other law or any part thereof, it being intended that this section [shall] provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 3. NRS 269.170 is hereby amended to read as follows:
269.170 1. In addition to the powers and jurisdiction conferred by other laws, the town board or board of county commissioners [shall have the power] may in any unincorporated town or city:
(a) [To fix] Fix and collect a license tax on, and regulate, having due regard to the amount of business done by each person or firm so licensed, all places of business and amusement so licensed, as follows:
(1) Artisans, artists, assayers, auctioneers, bakers, banks and bankers, barbers, boilermakers, cellars and places where soft drinks are kept or sold, clothes cleaners, foundaries, laundries, lumberyards, manufacturers of soap, soda, borax or glue, markets, newspaper publishers, pawnbrokers, funeral directors and wood and coal dealers.
(2) Bootmakers, cobblers, dressmakers, milliners, shoemakers, tailors.
(3) Boardinghouses, hotels, lodginghouses, restaurants and refreshment saloons.
(4) Barrooms, gaming, manufacturers of liquors and other beverages, saloons.
κ1983 Statutes of Nevada, Page 763 (CHAPTER 315, AB 318)κ
(5) Billiard tables, bowling alleys, caravans, circuses, concerts and other exhibitions, dancehouses, melodeons, menageries, shooting galleries, skating rinks, theaters.
(6) Corrals, hayyards, livery and sale stables, wagonyards.
(7) Electric light companies, illuminating gas companies, power companies, telegraph companies, telephone companies, water companies.
(8) Carts, drays, express companies, freight companies, job wagons, omnibuses and stages.
(9) Brokers, commission merchants, factors, general agents, mercantile agents, merchants and traders, stockbrokers.
(10) Drummers, hawkers, peddlers, solicitors.
(11) Insurance agents, brokers, analysts, adjusters and managing general agents within the limitations and under the conditions prescribed in NRS 680B.020.
(b) [To fix] Fix and collect a license tax upon all professions, trades or business within the town or city not [heretofore] specified [.] in paragraph (a).
2. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:
(a) The department of taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(b) Another regulatory agency of the state has issued or will issue a license required for this activity.
3. Any license tax levied for the purposes of NRS 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the same manner as liens for ad valorem taxes on real and personal property. The town board or other governing body of the unincorporated town may delegate the power to enforce such liens to the county fair and recreation board.
4. The governing body or the county fair and recreation board may agree with the department of taxation for the continuing exchange of information concerning taxpayers.
Sec. 4. NRS 372.750 is hereby amended to read as follows:
372.750 1. Except as otherwise provided in this section, it is a 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 commission may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.
κ1983 Statutes of Nevada, Page 764 (CHAPTER 315, AB 318)κ
board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.
3. 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. 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.] 4. 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.] 5. Relevant information may be disclosed as evidence in an appeal by the taxpayer from a determination of tax due.
Sec. 5. NRS 374.755 is hereby amended to read as follows:
374.755 1. 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 commission may agree with any county fair and recreation board or the governing body of any county, city or town for the continuing exchange of information concerning taxpayers.
3. 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 may not be made public except to the extent and in the manner that the order may authorize that it be made public.
[3.] 4. 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.] 5. Relevant information may be disclosed as evidence in an appeal by the taxpayer from a determination of tax due.
Sec. 6. Sections 4 and 5 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
κ1983 Statutes of Nevada, Page 765κ
Assembly Bill No. 542Committee on Ways and Means
CHAPTER 316
AN ACT relating to independent contractors; authorizing the state board of examiners to delegate prior approval of contracts with such contractors and to waive the requirement of writing in certain cases; and providing other matters properly relating thereto.
[Approved May 16, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.173 is hereby amended to read as follows:
284.173 1. Elective officers and heads of departments, boards, commissions or institutions may contract for the services of persons as independent contractors.
2. An independent contractor is a natural person, firm or corporation who agrees to perform services for a fixed price according to his or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.
3. For the purposes of this section:
(a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Those expenses must not be paid under the provisions of NRS 281.160.
(b) There must be no:
(1) Withholding of income taxes by the state;
(2) Industrial insurance coverage provided by the state;
(3) Participation in group insurance plans which may be available to employees of the state;
(4) Participation or contributions by either the independent contractor or the state to the public employees retirement system;
(5) Accumulation of vacation leave or sick leave; or
(6) Unemployment compensation coverage provided by the state if the requirements of NRS 612.085 for independent contractors are met.
4. An independent contractor is not in the classified or unclassified service of the state, and has none of the rights or privileges available to officers or employees of the State of Nevada.
5. [Each] Except as otherwise provided in this subsection, each contract for the services of an independent contractor must be in writing. The form of the contract must be first approved by the attorney general, and, except as provided in subsection 7, an executed copy of each contract must be filed with the fiscal analysis division of the legislative counsel bureau and the clerk of the state board of examiners. The state board of examiners may waive the requirements of this subsection in the case of contracts for repair or maintenance whose amount is less than $500.
6. Except as provided in subsection 7, and [excepting] except contracts entered into by the University of Nevada, each proposed contract with an independent contractor must be submitted to the state board of examiners.
κ1983 Statutes of Nevada, Page 766 (CHAPTER 316, AB 542)κ
contract with an independent contractor must be submitted to the state board of examiners. The contracts do not become effective without the prior approval of the state board of examiners [.] but the state board of examiners may authorize its clerk to approve contracts whose amount is less than $1,200 which are submitted to the board for its prior approval. The state board of examiners shall adopt regulations to carry out the provisions of this section.
7. Copies of the following types of contracts need not be filed or approved as provided in subsections 5 and 6:
(a) Contracts executed by the department of transportation for any work of construction or reconstruction of highways.
(b) Contracts executed by the state public works board or any other state department or agency for any work of construction or major repairs of state buildings.
(c) Contracts executed by the housing division of the department of commerce.
(d) Contracts executed with business entities for any work of maintenance or repair of office machines and equipment.
[(e) Contracts executed by the department for coordination of the MX missile project.]
________
Senate Bill No. 262Committee on Finance
CHAPTER 317
AN ACT relating to the State Budget Act; making the act fully applicable to the state industrial insurance system; and providing other matters properly relating thereto.
[Approved May 16, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 353.210 is hereby amended to read as follows:
353.210 1. Except as provided in subsection 3, on or before September 1 of each even-numbered year, all departments, institutions and other agencies of the executive department of the state government, and all agencies of the executive department of the state government receiving state money, fees or other money under the authority of the state, including those operating on [funds] money designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the chief, and submit to the chief estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year. The chief shall direct that one copy of the completed forms, accompanied by every supporting schedule and any other related material, be delivered directly to the fiscal analysis division of the legislative counsel bureau on or before September 1 of each even-numbered year.
κ1983 Statutes of Nevada, Page 767 (CHAPTER 317, SB 262)κ
analysis division of the legislative counsel bureau on or before September 1 of each even-numbered year. The fiscal analysis division of the legislative counsel bureau must be given advance notice of any conference between the budget division of the department of administration and personnel of other state agencies regarding budget estimates, and a fiscal analyst of the legislative counsel bureau or his designated representative may attend any such conference.
2. The expenditure estimates must be classified to set forth the data of funds, organization units, character and objects of expenditures. The organization units may be subclassified by functions and activities, or in any other manner at the discretion of the chief. If any department, institution or other agency of the executive department of the state government, whether its money is derived from state [funds] money or from other money collected under the authority of the state, fails or neglects to submit estimates of its expenditure requirements as provided in this section, the chief may from any data at hand in his office or which he may examine or obtain elsewhere, make and enter an arbitrary budget for the department, institution or agency in accordance with such data.
3. Agencies, bureaus, commissions and officers of the legislative department, the public employees retirement system [, the state industrial insurance system] and the judicial department of the state government shall submit to the chief for his information in preparing the executive budget the budgets which they propose to submit to the legislature.
Sec. 2. NRS 353.224 is hereby amended to read as follows:
353.224 1. [Except as provided in subsection 5, a] A state agency other than the University of Nevada System and vocational licensing boards may not change a position for which money has been appropriated or authorized from one occupational class or subclass to another, as defined by the index developed pursuant to NRS 284.171, without the approval of the legislature or of the interim finance committee.
2. All proposed changes of positions from one occupational class or subclass to another must be submitted to the interim finance committee. The interim finance committee has 45 days after a proposal is submitted to its secretary within which to consider it. Any proposed change of a position from one occupational class or subclass to another which is not considered within the 45-day period shall be deemed approved.
3. The secretary shall place each request submitted to him pursuant to subsection 2 on the agenda of the next meeting of the interim finance committee.
4. In acting upon a proposed change of position, the interim finance committee shall consider, among other things:
(a) The need for the proposed change; and
(b) The intent of the legislature in approving the existing classification of positions.
κ1983 Statutes of Nevada, Page 768 (CHAPTER 317, SB 262)κ
[5. The provisions of this section do not apply to the state industrial insurance system until July 1, 1983.]
________
Assembly Bill No. 472Assemblyman Banner
CHAPTER 318
AN ACT relating to industrial insurance; increasing the wages deemed earned by volunteer peace officers; and providing other matters properly relating thereto.
[Approved May 16, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.073 is hereby amended to read as follows:
616.073 Volunteer officers attached to a regularly organized and recognized police department, metropolitan police department or sheriffs unit, while engaged in their duties as such in any voluntary community service and while acting under the direction of a sheriff or chief of police, or their deputies or assistants, of any county, metropolitan police department, city or town in the protection of life or property shall be deemed, for the purpose of this chapter, employees of the city, town, metropolitan police department or county so recognizing them, at the wage of [$250] $900 per month, and [shall be] are entitled to the benefits of this chapter upon such county, metropolitan police department, city or [town] towns complying therewith.
________
Assembly Bill No. 174Committee on Education
CHAPTER 319
AN ACT relating to education; providing for confidentiality of records concerning tests of general educational development, examinations of pupils proficiency, and applications for certification as teachers or other educational personnel; providing penalties for unlawful disclosure; and providing other matters properly relating thereto.
[Approved May 16, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 385 of NRS is hereby amended by adding thereto a new section which shall read as follows:
It is unlawful to disclose the questions contained in tests of general educational development and the approved answers used for grading the tests except:
1. To the extent that disclosure is required in the departments administration of the tests.
κ1983 Statutes of Nevada, Page 769 (CHAPTER 319, AB 174)κ
2. That a disclosure may be made to a state officer who is a member of the executive or legislative branch to the extent that it is related to the performance of that officers duties.
Sec. 2. NRS 389.015 is hereby amended to read as follows:
389.015 1. The board of trustees of each school district shall administer examinations in all public schools within its district to determine the proficiency of pupils in:
(a) Reading;
(b) Writing; and
(c) Mathematics.
The examinations [shall] must be administered before the completion of grades 3, 6, 9 and 12.
2. Different standards of proficiency may be adopted for pupils with diagnosed learning disabilities.
3. If a pupil fails to pass the proficiency examination administered before the completion of grade 3, 6 or 9, he may be promoted to the next higher grade, but the results of his examination [shall] must be evaluated to determine what remedial study is appropriate. If a pupil fails to pass the high school proficiency examination administered before the completion of grade 12, he [shall] must not be graduated until he is able, through remedial study, to pass that examination, but he may be given a certificate of attendance, in place of a diploma, if he has reached the age of 17 years.
4. The state board [of education] shall prescribe standard examinations of proficiency [examinations] to be administered pursuant to subsection 1. The questions contained in the examinations and the approved answers used for grading them are confidential, and disclosure is unlawful except:
(a) To the extent necessary for administering and evaluating the examinations.
(b) That a disclosure may be made to a state officer who is a member of the executive or legislative branch to the extent that it is related to the performance of that officers duties.
Sec. 3. Chapter 391 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. An application to the superintendent of public instruction for certification as a teacher or other educational employee and all documents in the departments file relating to the application, including:
(a) The applicants health records;
(b) His fingerprints and any report from the Federal Bureau of Investigations;
(c) Transcripts of his record at colleges or other educational institutions;
(d) His scores on the state examinations administered pursuant to NRS 385.090;
(e) Any correspondence concerning the application; and
(f) Any other personal information,
are confidential.
κ1983 Statutes of Nevada, Page 770 (CHAPTER 319, AB 174)κ
2. It is unlawful for the department to disclose or release the information in such an application or any related document except pursuant to the applicants written authorization.
3. The department shall, upon request, make available the applicants file for his inspection during regular business hours.
________
Senate Bill No. 241Committee on Natural Resources
CHAPTER 320
AN ACT relating to water; simplifying transfers to local governments of rights to water; and providing other matters properly relating thereto.
[Approved May 16, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 533.385 is hereby amended to read as follows:
533.385 1. [No assignment of any water permit or application shall be valid for any purpose unless made to one authorized under this chapter to acquire the same in the first instance.
2. Any] An assignment of a water permit or application is valid only if it is made to a person otherwise authorized to acquire the permit.
2. Except as provided in subsection 3, any application for a permit or any permit to appropriate water may be assigned subject to the conditions of the permit, but no such assignment [shall be] is binding except between the parties thereto, unless filed for record in the office of the state engineer.
3. The governing body of any local government of this state and any public utility which is a purveyor of water within the state may submit an affidavit or other document upon oath to the state engineer, clearly indicating that rights for diverting or appropriating water are appurtenant to any real property described in the affidavit which is owned by the governing body or utility. Upon receipt of the affidavit, the state engineer shall assign those rights to that local government or utility if he finds that the affiant is qualified to sign the affidavit.
________
κ1983 Statutes of Nevada, Page 771κ
Assembly Bill No. 95Assemblymen Swain, Collins, Chaney and Craddock
CHAPTER 321
AN ACT relating to discrimination in employment; providing for interest on back pay awarded; and providing other matters properly relating thereto.
[Approved May 16, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 233.170 is hereby amended to read as follows:
233.170 1. When a complaint is filed whose allegations if true would support a finding of unlawful practice, the commission shall hold an informal meeting to attempt a settlement of the dispute. To prepare for the informal meeting, the executive director may request from each party any information which is reasonably relevant to the complaint. No further action may be taken if the parties agree to a settlement.
2. If an agreement is not reached, the executive director of the commission shall conduct an investigation into the alleged unlawful practice. After the investigation, if the executive director determines that an unlawful practice has occurred, he shall attempt to mediate between or reconcile the parties. The party against whom a complaint was filed may agree to cease the unlawful practice. If an agreement is reached, no further action may be taken by the complainant or by the commission.
3. If the attempts at mediation or conciliation fail, the commission may hold a public hearing on the matter. After the hearing, if the commission determines that an unlawful practice has occurred, it may:
(a) Serve a copy of its findings of fact within 10 calendar days upon any person found to have engaged in the unlawful practice; and
(b) Order the person to:
(1) Cease and desist from the unlawful practice.
(2) [Restore] In cases involving an unlawful employment practice, restore all benefits and rights to which the aggrieved person is entitled, including but not limited to rehiring, back pay for a period not to exceed 2 years [,] after the date of the most recent unlawful practice, annual leave time, sick leave time or pay, other fringe benefits and seniority [, in cases involving an unlawful employment practice.] , with interest thereon at the rate of 12 percent per annum from the date of the commissions decision.
4. The order of the commission is a final decision in a contested case for the purpose of judicial review. If the person fails to comply with the commissions order, the commission shall apply to the district court for an order compelling such compliance, but failure or delay on the part of the commission does not prejudice the right of an aggrieved party to judicial review. The court shall issue the order unless it finds that the commissions findings or order are not supported by substantial evidence or are otherwise arbitrary or capricious. If the court upholds the commissions order and finds that the person has violated the order by failing to cease and desist from the unlawful practice or to make the payment ordered, the court shall award the aggrieved party actual damages for any economic loss and no more.
κ1983 Statutes of Nevada, Page 772 (CHAPTER 321, AB 95)κ
the order by failing to cease and desist from the unlawful practice or to make the payment ordered, the court shall award the aggrieved party actual damages for any economic loss and no more.
5. After the commission has held a public hearing and rendered a decision, the complainant is barred from proceeding on the same facts and legal theory before any other administrative body or officer.
________
Assembly Bill No. 457Assemblymen Redelsperger, Dini, Getto, Coffin, Sedway, Bilyeu, Humke, Joerg, Thompson, Swain and Zimmer
CHAPTER 322
AN ACT relating to transportation of pupils; requiring schools to practice evacuating pupils from school buses; limiting the number of hours a person is allowed to drive a bus without stopping to rest; imposing new requirements on drivers of school buses and other vehicles; and providing other matters properly relating thereto.
[Approved May 16, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 392 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Each school district shall require all of the pupils in the district who ride a school bus to practice the evacuation of a school bus twice each school year.
2. The board of trustees shall adopt regulations regarding practices conducted pursuant to subsection 1, including the requirement of such practices at the beginning of any field trip by school bus.
Sec. 2. NRS 392.360 is hereby amended to read as follows:
392.360 1. A board of trustees of a school district [shall have the power to] may permit school buses or vehicles belonging to the school district to be used for the transportation of public school pupils to and from:
(a) Interscholastic contests; [or]
(b) School festivals; or
(c) Other activities properly a part of a school program.
2. The use of school buses or vehicles belonging to the school district for the purposes enumerated in subsection 1 [shall be] is governed by [rules and] regulations made by the board of trustees, which [rules and regulations shall] must not conflict with regulations of the state board of education. Proper supervision for each vehicle so used [shall] must be furnished by school authorities, and each [vehicle shall] school bus must be operated by a driver qualified under the provisions of NRS 392.300 to 392.410, inclusive [.] , and section 1 of this act.
3. A driver shall not operate a vehicle for the purposes enumerated in subsection 1 for more than 10 hours in a 15-hour period. The time spent operating, inspecting, loading, unloading, repairing and servicing the vehicle and waiting for passengers must be included in determining the 15-hour period.
κ1983 Statutes of Nevada, Page 773 (CHAPTER 322, AB 457)κ
the vehicle and waiting for passengers must be included in determining the 15-hour period. After 10 hours of operating a vehicle, the driver must rest for 10 hours before he again operates a vehicle for such purposes.
4. Before January 1, 1984, the state board of education shall adopt regulations to carry out the provisions of subsection 3.
Sec. 3. NRS 392.380 is hereby amended to read as follows:
392.380 1. No person may be employed by a board of trustees of a school district as a driver of a school bus, station wagon, automobile or other motor vehicle, or mechanically or self-propelled vehicle of any kind which transports pupils to and from school or any other place in connection with school activities unless:
(a) He is of good, reputable and sober character.
(b) He is competent and qualified by experience and disposition to operate the particular type of vehicle in a safe and dependable manner.
(c) He is licensed under the laws of this state to operate the particular type of vehicle.
2. Each driver of a school bus or a bus used to transport pupils for extracurricular activities must complete a training course approved by the state board of education which includes at least 10 hours of training while operating the vehicle, and 10 hours of training in:
(a) The responsibilities of drivers;
(b) The requirements for drivers of school vehicles;
(c) The laws affecting the operation of a school bus or a vehicle belonging to a school district;
(d) Defensive driving;
(e) Emergency procedures; and
(f) First aid.
3. Each driver must pass a written test each year approved by the superintendent of public instruction and administered by the local school district.
[2.] 4. A board of trustees may employ a pupil attending a school under the supervision of the board as a driver when he possesses the qualifications stated in subsection 1 and his guardian or parents first consent to his employment. The board of trustees may arrange or contract, in writing, with the pupil, and with his parents or guardian if he is under the age of 18 years, for his services as a driver upon such terms, conditions and provisions and for such compensation as the board deems most economical and for the best interests of the school district, pupils and other persons.
5. Before January 1, 1984, the state board of education shall adopt regulations to carry out the provisions of this section.
________
κ1983 Statutes of Nevada, Page 774κ
Assembly Bill No. 28Committee on Government Affairs
CHAPTER 323
AN ACT relating to the advisory personnel commission; providing requirements for the composition of the commission; and providing other matters properly relating thereto.
[Approved May 15, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.030 is hereby amended to read as follows:
284.030 1. There is hereby created in the department a personnel commission composed of five members appointed by the governor.
2. The governor shall appoint:
(a) Three members who are representatives of the general public and have a demonstrated interest in or knowledge of the principles of public personnel administration.
(b) One member who is a representative of labor and has a background in personnel administration.
(c) One member who is a representative of employers or managers and has a background in personnel administration.
Sec. 2. This act shall become effective at 12:01 a.m. on July 1, 1983.
________
Senate Bill No. 179Senators Glover, Bilbray, Ashworth, Townsend, Blakemore, Hernstadt, Hickey, Raggio, Mello, Horn, Faiss, Gibson and Lamb
CHAPTER 324
AN ACT relating to school buses; authorizing certain boards of trustees to allow resident children attending certain private schools to ride buses furnished for children attending public schools on established bus routes; and providing other matters properly relating thereto.
[Approved May 16, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 392.300 is hereby amended to read as follows:
392.300 1. As provided in this Title, the board of trustees of any school district may [, in its complete discretion,] furnish transportation for all resident children of school age in the school district attending a public school, including pupils assigned to special schools or programs for handicapped minors:
(a) Who are not excused from school attendance by the provisions of this Title; and
(b) Who reside within the school district at such a distance from the school as to make transportation necessary and desirable.
2. When the board of trustees of a school district whose population is less than 100,000 furnishes transportation for pupils attending public schools pursuant to subsection 1, the board may also provide transportation for all resident children of school age in the school district attending private schools not operated for profit, over bus routes established for pupils attending public schools.
κ1983 Statutes of Nevada, Page 775 (CHAPTER 324, SB 179)κ
is less than 100,000 furnishes transportation for pupils attending public schools pursuant to subsection 1, the board may also provide transportation for all resident children of school age in the school district attending private schools not operated for profit, over bus routes established for pupils attending public schools. If such transportation is provided, the pupils attending such private schools must be transported, if space is available, to and from the points on the established routes nearest to the schools which they attend.
3. The board of trustees of any school district may:
(a) Establish bus routes.
(b) Make regulations governing the conduct of pupils while being transported.
(c) For the safety of pupils being transported, govern the conduct of drivers by making and enforcing regulations not inconsistent with regulations of the state board of education or with law.
________
Assembly Bill No. 43Committee on Commerce
CHAPTER 325
AN ACT relating to manufactured homes and mobile homes and similar vehicles; providing for the regulation of the construction, sale and installation of manufactured homes; providing for certificates of ownership and trip permits for manufactured homes; substantially revising certain provisions of law governing the regulation of mobile homes, travel trailers and commercial coaches; providing additional grounds for disciplinary action; providing penalties; and providing other matters properly relating thereto.
[Approved May 13, 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 to 5, inclusive, of this act.
Sec. 2. 1. Manufactured home means a structure which is:
(a) Built on a permanent chassis;
(b) Designed to be used with or without a permanent foundation as a dwelling when connected to utilities;
(c) Transportable in one or more sections; and
(d) Eight feet or more in body width or 40 feet or more in body length when transported, or, when erected on site, contains 320 square feet or more.
2. The term includes:
(a) The plumbing, heating, air-conditioning and electrical systems of the structure.
(b) Any structure:
(1) Which meets the requirements of paragraphs (a) to (c), inclusive, of subsection 1; and
κ1983 Statutes of Nevada, Page 776 (CHAPTER 325, AB 43)κ
(2) With respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.).
3. The term does not include any structure built in compliance with the requirements of chapter 461 of NRS.
Sec. 3. (Deleted by amendment.)
Sec. 4. (Deleted by amendment.)
Sec. 5. The following grounds, among others, constitute grounds for disciplinary action under NRS 489.381:
1. Workmanship which:
(a) Is not commensurate with standards of the trade in general;
(b) Is below standards adopted by the division or the standards determined by the edition of the Uniform Building Code, Uniform Plumbing Code or the National Electrical Code, respectively, in effect on July 1, 1983; or
(c) Endangers the life and safety of an occupant of a manufactured home, mobile home or commercial coach.
2. Failure to honor any warranty or other guarantee given by a licensee for workmanship or material as a condition of securing a contract, or of selling, leasing, reconstructing, improving, repairing or installing any manufactured home, mobile home, commercial coach or accessory structure.
Sec. 6. NRS 489.021 is hereby amended to read as follows:
489.021 1. The legislature finds that the construction, assembly and use of manufactured homes, mobile homes, travel trailers and commercial coaches and their systems, components and appliances, and the alteration, transportation and installation of manufactured homes, mobile homes and commercial coaches, like other products having concealed vital parts, may present hazards to the health, life and safety of persons and the safety of property unless they are properly manufactured, altered, transported and installed.
2. In the sale of manufactured homes, mobile homes, travel trailers and commercial coaches, there is also the possibility of unascertained defects in them even though they are inspected by purchasers.
3. It is the policy and purpose of this state to protect the public against these hazards and to prohibit the manufacture, sale, alteration, transportation and installation in this state of manufactured homes, mobile homes, travel trailers and commercial coaches which are not constructed in a manner which provides reasonable safety and protection to owners and users.
4. The legislature further intends to provide a procedure to assure that this state assumes the fullest responsibility for the administration and enforcement of federal [mobile home] safety and construction standards for manufactured homes in Nevada [and] in accordance with the National [Mobile Home] Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.).
κ1983 Statutes of Nevada, Page 777 (CHAPTER 325, AB 43)κ
Sec. 7. NRS 489.031 is hereby amended to read as follows:
489.031 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 489.036 to 489.155, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.
Sec. 8. NRS 489.051 is hereby amended to read as follows:
489.051 Certificate of compliance means a certificate issued by this state certifying that the plumbing, heating, electrical systems, body and frame design and construction requirements of a mobile home [, travel trailer] or commercial coach comply with standards set by the division and applicable at the time of manufacture.
Sec. 9. NRS 489.076 is hereby amended to read as follows:
489.076 1. Dealer means any person who:
[1.] (a) For compensation, money or other things of value, sells, exchanges, buys or offers for sale, negotiates or attempts to negotiate a sale or exchange of an interest in a manufactured home, mobile home or commercial coach subject to the requirements under this chapter or induces or attempts to induce any person to buy or exchange an interest in a manufactured home, mobile home or commercial coach;
[2.] (b) Receives or expects to receive a commission, money, brokerage fees, profit or any other thing of value from either the seller or purchaser of any manufactured home, mobile home or commercial coach; or
[3.] (c) Is engaged wholly or in part in the business of selling manufactured homes, mobile homes or commercial coaches, or buying or taking them in trade for the purpose of resale, selling, or offering for sale or consignment to be sold or otherwise dealing in manufacture homes, mobile homes or commercial coaches,
whether or not they are owned by such persons.
2. The term does not include:
(a) Receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under the order of any court;
(b) Public officers while performing their official duties;
(c) Banks or other financial institutions proceeding as repossessors or liquidators; or
(d) An owner selling his private residence.
Sec. 10. NRS 489.104 is hereby amended to read as follows:
489.104 1. Installation means the complete operation of fixing in place a manufactured home, mobile home or commercial coach for occupancy.
2. The term includes, without limitation, pier blocking, prefabricated footings, ground anchoring and the connection to utility terminals on the site.
Sec. 11. NRS 489.105 is hereby amended to read as follows:
489.105 Installer means a person who owns or is a responsible managing employee of a business which installs a manufactured home, mobile home or commercial coach at the site where it is to be used [by the purchaser.] for occupancy. The term does not include:
1. Employees of public utility companies; or
κ1983 Statutes of Nevada, Page 778 (CHAPTER 325, AB 43)κ
2. The purchaser of a manufactured home, mobile home or commercial coach.
Sec. 12. NRS 489.110 is hereby amended to read as follows:
489.110 Label of compliance means a label permanently attached to a mobile home, travel trailer or commercial coach at the completion of its construction, under the authority of [the United States Department of Housing and Urban Development or] the division which certifies that the mobile home, travel trailer or commercial coach was manufactured in compliance with standards [in effect on the date of manufacture.] adopted by the division.
Sec. 12.5. NRS 489.110 is hereby amended to read as follows:
489.110 Label of compliance means a label permanently attached to a mobile home [, travel trailer] or commercial coach at the completion of its construction, under the authority of the division which certifies that the mobile home [, travel trailer] or commercial coach was manufactured in compliance with standards adopted by the division.
Sec. 13. NRS 489.115 is hereby amended to read as follows:
489.115 Manufacturer means every person engaged in the business of manufacturing manufactured homes, mobile homes, travel trailers or commercial coaches.
Sec. 14. NRS 489.120 is hereby amended to read as follows:
489.120 Mobile home means a structure which is:
1. Built on a permanent chassis;
2. Designed to be used with or without a permanent foundation as a dwelling when connected to utilities;
3. Transportable in one or more sections . [; and
4. More than 8 feet in body width and more than 32 feet in body length. Neither the width nor the length includes bay windows, porches, drawbars, couplings, hitches, wall or roof extensions or other attachments.]
The term includes the design of the body and frame and the plumbing, heating, air-conditioning and electrical systems of the mobile home. Mobile home does not include a travel trailer [.] , commercial coach, manufactured home or any structure built in compliance with the requirements of chapter 461 of NRS.
Sec. 15. NRS 489.122 is hereby amended to read as follows:
489.122 Movement means the act of towing, pushing or otherwise propelling a manufactured home, mobile home or commercial coach upon a highway or road.
Sec. 16. NRS 489.125 is hereby amended to read as follows:
489.125 New [mobile home, new travel trailer or new] manufactured home, new mobile home, new travel trailer or new commercial coach means a manufactured home, mobile home, travel trailer or commercial coach , respectively, which has never been sold at retail or occupied either prior to or after sale for the purpose intended by the manufacturer and has never been registered with or been the subject of a certificate of title issued by the appropriate agency of authority of any other state, the District of Columbia, any territory or possession of the United States or foreign state, province or country.
κ1983 Statutes of Nevada, Page 779 (CHAPTER 325, AB 43)κ
Sec. 17. NRS 489.135 is hereby amended to read as follows:
489.135 1. Rebuilder means a person engaged in the business of reconstructing manufactured homes, mobile homes or commercial coaches by the alteration, addition or substitution of substantial or essential parts.
2. Nothing in this section requires any licensed new manufactured home, mobile home or commercial coach dealer to secure a license as a rebuilder in conjunction with rebuilding in his own facilities by his employees.
Sec. 18. NRS 489.137 is hereby amended to read as follows:
489.137 Salesman means any person employed by a dealer or rebuilder, under any form of contract or arrangement to sell, exchange, buy, or offer for sale, or exchange an interest in a manufactured home, mobile home or commercial coach to any person, and who receives or expects to receive a commission, fee or any other consideration from [either the seller or purchaser.] his employer.
Sec. 19. NRS 489.145 is hereby amended to read as follows:
489.145 Serviceman means a person who owns or is the responsible managing employee of a business which installs or repairs awnings, roofing or skirting on or in manufactured homes, mobile homes or commercial coaches, except:
1. Any person employed by a licensed manufacturer; and
2. The owner or purchaser of a manufactured home, mobile home or commercial coach.
Sec. 20. NRS 489.155 is hereby amended to read as follows:
489.155 Used manufactured home, used mobile home, used travel trailer or used commercial coach means a manufactured home, mobile home, travel trailer or commercial coach , respectively, which has been:
1. Sold, rented or leased and occupied prior to or after the sale, rental or lease; or
2. Registered with or been the subject of a certificate of title issued by the appropriate agency of authority of any other state, the District of Columbia, or any territory or possession of the United States or foreign state, province or country.
Sec. 21. NRS 489.211 is hereby amended to read as follows:
489.211 The administrator shall:
1. Possess a broad knowledge of generally accepted management practices and be reasonably well informed on laws governing manufactured homes, mobile homes, travel trailers and commercial coaches.
2. Hold no interest in any firm which sells, manufactures, rebuilds or services any manufactured home, mobile home, travel trailer or commercial coach or installs any manufactured home, mobile home or commercial coach, nor may he act as agent for any of them.
Sec. 22. NRS 489.221 is hereby amended to read as follows:
489.221 No employee of the division may hold an interest in any firm which sells, manufactures, rebuilds or services any manufactured home, mobile home, travel trailer or commercial coach or installs any manufactured home, mobile home or commercial coach, nor act as an agent for any of them.
κ1983 Statutes of Nevada, Page 780 (CHAPTER 325, AB 43)κ
Sec. 23. NRS 489.231 is hereby amended to read as follows:
489.231 1. In order to carry out the provisions of this chapter, the administrator may:
(a) Issue subpoenas for the attendance of witnesses or the production of books, papers and documents; and
(b) Conduct hearings.
2. The administrator may apply for and receive grants from the [United States] Secretary of Housing and Urban Development for developing and carrying out a plan for enforcement and administration of federal standards of [mobile home] safety and construction respecting [mobile homes] manufactured homes offered for sale or lease in this state.
3. The administrator may adopt regulations to ensure acceptance by the Secretary of Housing and Urban Development of the state plan for administration and enforcement of federal standards of [mobile home] safety and construction respecting manufactured homes in accordance with the National [Mobile Home] Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.).
4. The administrator may [make] :
(a) Make inspections [, approve] ;
(b) Approve plans and specifications [, provide] ;
(c) Provide technical services [, issue] ;
(d) Issue licenses, certificates of ownership and certificates and labels of compliance [, collect] and installation;
(e) Enter into reciprocal agreements with other states or private organizations that adopt and maintain standards reasonably consistent with this chapter;
(f) Collect the fees provided for in this chapter ; and [adopt]
(g) Adopt regulations necessary to carry out his duties under this chapter . [if no federal agency is performing adequate inspections.]
5. The administrator or his representative may enter, at reasonable times and without notice, any mobile home park or [dealers] place of business or any factory, warehouse or establishment in which manufactured homes, mobile homes or travel trailers are manufactured, stored or held for sale and inspect at reasonable times in a reasonable manner the premises and books, papers, records and documents which are relevant to the manufacture and sale of manufactured homes, mobile homes or travel trailers and compliance with the National [Mobile Home] Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.) and to compliance by landlords of mobile home parks with the prohibition in NRS 118.270 against charging or receiving any entrance or exit fee. A magistrate shall issue a warrant to permit an inspection if the administrator has shown:
(a) Evidence that a violation of a provision of this chapter or of the prohibition in NRS 118.270 against charging or receiving any entrance or exit fee has been committed or is being committed; or
(b) That the business has been chosen for an inspection on the basis of a general administrative plan for the enforcement of the provisions of this chapter.
κ1983 Statutes of Nevada, Page 781 (CHAPTER 325, AB 43)κ
Sec. 24. NRS 489.241 is hereby amended to read as follows:
489.241 The administrator shall adopt regulations:
1. [Embodying the fundamental principles of the National Mobile Home] Consistent with the federal regulations governing procedure and enforcement respecting manufactured homes to administer and enforce federal construction and safety standards respecting manufactured homes in accordance with the National Manufactured Housing Construction and Safety Standards Act (42 U.S.C. §§ 5401 et seq.) . [with respect to mobile homes.]
2. For the : [construction and assembly of]
(a) Construction;
(b) Reconstruction; and
(c) Alteration, including that done to a plumbing, heating or electrical system,
of mobile homes [travel trailers] and commercial coaches that are reasonably consistent with nationally recognized standards.
3. For the issuance of certificates and labels of compliance. The regulations must provide for, without limitation:
(a) [Inplant inspections;] Inspection at the place of manufacture;
(b) Submission and approval of plans and specifications [; and] or for the actual inspection and approval of the mobile home, travel trailer or commercial coach or acceptance of a label of compliance issued by another state or a private organization which the administrator finds has a competent inspection program reasonably consistent with this chapter; and
(c) Revocation for cause, upon notice and hearing, of the right of a manufacturer to sell mobile homes, travel trailers or commercial coaches in this state for use in this state.
4. Consistent with nationally recognized standards governing the minimum requirements for the design of travel trailers.
Sec. 25. NRS 489.251 is hereby amended to read as follows:
489.251 1. The administrator shall adopt regulations pertaining to:
(a) Safety standards for the installation, support and tiedown of manufactured homes, mobile homes or commercial coaches which are designed to protect the health and safety of occupants of manufactured homes, mobile homes or commercial coaches against uplift, sliding, rotation and overturning, subject to the following provisions:
(1) Safety standards must be reasonably consistent with nationally recognized standards for placement, support and tiedown of manufactured homes, mobile homes or commercial coaches.
(2) The administrator may designate wind pressure zones in which the regulations for tiedown of manufactured homes, mobile homes or commercial coaches apply.
(b) The inspection of plumbing, heating, cooling, fuel burning and electrical systems connections to a manufactured home, mobile home or commercial coach at the time of installation of the manufactured home, mobile home or commercial coach, which regulations are designed to protect the health and safety of occupants of manufactured homes, mobile homes and commercial coaches.
κ1983 Statutes of Nevada, Page 782 (CHAPTER 325, AB 43)κ
2. Unless the division determines otherwise, the plumbing, heating, cooling, fuel burning and electrical systems of a manufactured home, mobile home or commercial coach may not be connected or activated until a certificate of installation has been issued and [an installation seal] a label of installation affixed to the manufactured home, mobile home or commercial coach.
Sec. 26. NRS 489.261 is hereby amended to read as follows:
489.261 1. The administrator may adopt regulations pertaining to [:
(a) The alteration of plumbing, heating or electrical systems of a mobile home or commercial coach.
(b) The] the construction, installation and use of accessory [buildings,] structures [,] and devices which burn solid fuel and air-conditioning for manufactured homes and mobile homes consistent with nationally recognized construction standards, except where those standards conflict with the standards adopted under the National [Mobile Home] Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.) and would prevent enforcement of that act in this state.
2. Every city or county building department shall enforce all regulations adopted pursuant to this chapter and make all inspections in their respective jurisdictions required by the regulations pertaining to the setup, tiedown and installation of manufactured homes, mobile homes or commercial coaches except as otherwise provided in this subsection. If any city or county building department fails to enforce the regulations or make the inspections required by them, the division shall enforce the regulations and make the inspections in that jurisdiction and may engage an independent contractor to perform any inspection.
3. Local governing bodies may adopt ordinances at least as stringent as the applicable state or federal statutes or regulations.
4. As used in this section, [accessory building or] accessory structure includes awnings, cabanas, carports, porches, skirting or steps established for the use of the occupant of the manufactured home or mobile home and which depends upon the manufactured home or mobile home for some or all of its structural support.
Sec. 27. NRS 489.271 is hereby amended to read as follows:
489.271 The division shall adopt regulations concerning the issuance of:
1. Certificates of installation issued by the division which certify that the manufactured home, mobile home or commercial coach was installed in compliance with regulations adopted by the division.
2. [Installation seals] Labels of installation issued by the division which must be attached to a manufactured home, mobile home or commercial coach after the certificate of installation has been issued and removed when the manufactured home, mobile home or commercial coach is moved from the location it occupied when the certificate was issued.
[3. Certificates and labels of compliance issued by the division.]
κ1983 Statutes of Nevada, Page 783 (CHAPTER 325, AB 43)κ
Sec. 28. NRS 489.295 is hereby amended to read as follows:
489.295 1. If an inspection reveals that a used manufactured home, mobile home , travel trailer or commercial coach is constructed or maintained in violation of this chapter, the division may order its use discontinued and the used manufactured home, mobile home , travel trailer or commercial coach, or any portion thereof, vacated.
2. The order to vacate must be served upon the person using the used manufactured home, mobile home , travel trailer or commercial coach and copies of the order must also be posted at or upon each exit of the used manufactured home, mobile home , travel trailer or commercial coach.
3. The order to vacate must include a reasonable period of time within which the violation may be corrected.
4. No person may occupy or use the used manufactured home, mobile home , travel trailer or commercial coach in violation of the order to vacate.
Sec. 28.5. NRS 489.295 is hereby amended to read as follows:
489.295 1. If an inspection reveals that a used manufactured home, mobile home [, travel trailer] or commercial coach is constructed or maintained in violation of this chapter, the division may order its use discontinued and the used manufactured home, mobile home [, travel trailer] or commercial coach, or any portion thereof, vacated.
2. The order to vacate must be served upon the person using the used manufactured home, mobile home [, travel trailer] or commercial coach and copies of the order must also be posted at or upon each exit of the used manufactured home, mobile home [, travel trailer] or commercial coach.
3. The order to vacate must include a reasonable period of time within which the violation may be corrected.
4. No person may occupy or use the used manufactured home, mobile home [, travel trailer] or commercial coach in violation of the order to vacate.
Sec. 29. NRS 489.297 is hereby amended to read as follows:
489.297 1. Whenever any construction, rebuilding or other work is performed in violation of this chapter or any regulation adopted pursuant to this chapter, the division may order the work stopped.
2. The order to stop work must be served upon the person doing the work or upon the person causing the work to be done. The person served with the order shall immediately cease the work until authorized by the division to continue it.
3. A copy of the order to stop work must be posted at or upon a recognized entrance of the used manufactured home, mobile home , travel trailer or commercial coach.
Sec. 29.5 NRS 489.297 is hereby amended to read as follows:
489.297 1. Whenever any construction, rebuilding or other work is performed in violation of this chapter or any regulation adopted pursuant to this chapter, the division may order the work stopped.
2. The order to stop work must be served upon the person doing the work or upon the person causing the work to be done. The person served with the order shall immediately cease the work until authorized by the division to continue it.
κ1983 Statutes of Nevada, Page 784 (CHAPTER 325, AB 43)κ
served with the order shall immediately cease the work until authorized by the division to continue it.
3. A copy of the order to stop work must be posted at or upon a recognized entrance of the used manufactured home, mobile home [, travel trailer] or commercial coach.
Sec. 30. NRS 489.301 is hereby amended to read as follows:
489.301 1. [No manufacturing plant or its branch office may] In order to engage in business in this state or be entitled to any other license or permit required by this chapter [until the] , each manufacturing plant [or branch office has applied for and been] must be issued a [manufacturing plant license or a branch office license] license for the manufacturing plant by the division.
2. The division shall adopt regulations providing for the issuance of the [manufacturing plant license and the branch office license.] license for the manufacturing plant.
Sec. 31. NRS 489.311 is hereby amended to read as follows:
489.311 Except as provided by NRS 489.331, no person may engage in the business of a [new or used mobile home] dealer, manufacturer, rebuilder, serviceman or installer [of a mobile home or commercial coach] in this state, or be entitled to any other license or permit required by this chapter, until he has applied for and has been issued a [dealers, manufacturers, rebuilders, servicemans or installers] license by the division.
Sec. 32. NRS 489.321 is hereby amended to read as follows:
489.321 1. Applications for a manufacturers, dealers, rebuilders, servicemans or installers license must be filed upon forms supplied by the division, and the applicant shall furnish:
(a) Any proof the division may deem necessary that the applicant is a manufacturer, dealer, rebuilder, serviceman or installer.
(b) Any proof the division may require that the applicant has an established place of business . [for the sale and display of mobile homes in the state.]
(c) Any proof the division may require of the applicants good character and reputation and of his fitness to engage in the activities for which the license is sought.
(d) A complete set of his fingerprints and written permission authorizing the administrator to forward those fingerprints to the Federal Bureau of Investigation for its report. The administrator may exchange with the Federal Bureau of Investigation any information respecting the fingerprints of an applicant under this section.
(e) In the case of a dealer [of new mobile homes,] in new manufactured homes, an instrument in the form prescribed by the division executed by or on behalf of the manufacturer certifying that the applicant is an authorized franchise dealer for the make or makes concerned.
(f) If the application is for a license as a manufacturer, dealer or rebuilder, a good and sufficient bond in the amount of $10,000, or if a serviceman or an installer, a good and sufficient bond in the amount of $5,000, the surety for which is a corporation licensed to do business as a surety in this state, and the form of which has been approved [as to form] by the attorney general. The bond must be conditioned on the conduct of business by the applicant without fraud or fraudulent misrepresentation and without violation of any provision of this chapter, including fraud or violation by salesmen or responsible managing employees of dealers and rebuilders or employees of servicemen and installers acting within the scope of employment, and must provide that any person injured by an action of the dealer, rebuilder, manufacturer [or] , serviceman, installer, responsible managing employee, salesman or employee may bring an action on the bond.
κ1983 Statutes of Nevada, Page 785 (CHAPTER 325, AB 43)κ
the conduct of business by the applicant without fraud or fraudulent misrepresentation and without violation of any provision of this chapter, including fraud or violation by salesmen or responsible managing employees of dealers and rebuilders or employees of servicemen and installers acting within the scope of employment, and must provide that any person injured by an action of the dealer, rebuilder, manufacturer [or] , serviceman, installer, responsible managing employee, salesman or employee may bring an action on the bond.
(g) In lieu of a bond, [an applicant or licensee may] a deposit with the state treasurer, under terms prescribed by the division [:] of:
(1) A like amount of lawful money of the United States or bonds of the United States or the State of Nevada of an actual market value not less than the amount fixed by the division; or
(2) A savings certificate of a bank or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the required bond and that this amount cannot be withdrawn except upon order of the division. Interest earned on the account accrues to the applicant or licensee.
(h) A reasonable fee fixed by regulation.
(i) In the case of a dealer, rebuilder, serviceman or installer, proof of passing the examination required under NRS 489.351.
(j) Any additional requirements the division may from time to time prescribe by regulation.
2. Within 60 days after receipt of a complete application, the division shall issue or deny the license.
3. The administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the administrator that the applicant is qualified, the division shall issue to the applicant a dealers, manufacturers, installers, rebuilders or servicemans license certificate containing the applicants name and the address of his fixed place of business.
4. Each license is valid for a period of 2 years from the date of issuance and may be renewed for like consecutive periods upon application to and approval by the division.
Sec. 33. NRS 489.331 is hereby amended to read as follows:
489.331 1. The division shall adopt regulations for the issuance of limited [used mobile home] dealers licenses authorizing licensed real estate brokers to sell used manufactured homes and used mobile homes when the sale is incidental to the sale of an interest in real property and the used manufactured home or used mobile home is situated on the real property sold. The regulations may not be more strict than the regulations in effect which pertain to licenses for other [used mobile home] dealers. An applicant for a limited [used mobile home] dealers license is not required to have sufficient space to display [vehicles] used manufactured homes or used mobile homes at his established place of business.
2. If a licensed real estate broker holds a limited [used mobile home] dealers license, he and his licensed salesmen may sell used manufactured homes and used mobile homes when the sale is incidental to the sale of an interest in real property and the used manufactured home or used mobile home is situated on the real property sold.
κ1983 Statutes of Nevada, Page 786 (CHAPTER 325, AB 43)κ
manufactured homes and used mobile homes when the sale is incidental to the sale of an interest in real property and the used manufactured home or used mobile home is situated on the real property sold.
Sec. 34. NRS 489.341 is hereby amended to read as follows:
489.341 1. A person may not act as a salesman [of a mobile home or commercial coach] in this state or as a responsible managing employee for a person who sells, leases, reconstructs, improves, repairs or installs any manufactured home, mobile home or commercial coach subject to the provisions of this chapter without first having received a license from the division. Before issuing such a license, the division shall require:
(a) An application, signed and verified by the applicant, stating that he desires to act as a salesman or responsible managing employee and providing his residential address and the name and address of his employer.
(b) Proof of the employment of the applicant [by a licensed dealer or rebuilder] at the time the application is filed.
(c) Proof of the applicants good character and reputation and of his fitness to act as a salesman or responsible managing employee.
(d) A complete set of his fingerprints and written permission authorizing the administrator to forward those fingerprints to the Federal Bureau of Investigation for its report. The administrator may exchange with the Federal Bureau of Investigation any information respecting the fingerprints of an applicant under this section.
(e) A statement as to whether any previous application of the applicant has been denied or license revoked.
(f) Payment of a reasonable license fee established by regulation.
(g) The applicant to have passed the examination required by NRS 489.351.
(h) Any other information the division deems necessary.
2. Within 60 days after receipt of a complete application, the division shall issue or deny the license.
3. The administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the administrator that the applicant is qualified, the administrator shall issue to the applicant a license as a salesman or a responsible managing employee. The license must contain the licensees name and the address of his employers place of business.
4. Each license is valid for a period of 2 years from the date of issuance and may be renewed for like consecutive periods upon application to and approval by the division.
5. A person licensed pursuant to this section may not engage in sales activity other than for the account of or for and in behalf of a single employer who is a licensed dealer, rebuilder, serviceman or installer.
6. A license issued under this section may be transferred to another licensed employer upon application and the payment of a transfer fee of [$2.] $10. When a salesman or responsible managing employee holding a current license leaves the employment of one dealer, rebuilder, serviceman or installer for that of another, the new employer may employ the salesman or responsible managing employee pending the transfer of the license if the transfer is completed within 10 days.
κ1983 Statutes of Nevada, Page 787 (CHAPTER 325, AB 43)κ
rebuilder, serviceman or installer for that of another, the new employer may employ the salesman or responsible managing employee pending the transfer of the license if the transfer is completed within 10 days.
7. A license issued pursuant to this section must be posted in a conspicuous place on the premises of the employer for whom he is licensed . [to sell mobile homes or commercial coaches.]
8. If a salesman or responsible managing employee ceases to be employed by a licensed dealer, rebuilder, serviceman, or installer, his license to act as a salesman or responsible managing employee is automatically suspended and his right to act in that capacity immediately ceases, and he shall not engage in such an activity until reemployed by a licensed dealer, rebuilder, serviceman or installer. Every licensed salesman and responsible managing employee shall report in writing to the division every change in his place of employment, or termination of employment within 5 days of the date of making the change.
Sec. 35. NRS 489.391 is hereby amended to read as follows:
489.391 The following grounds, among others, constitute grounds for disciplinary action under NRS 489.381:
1. Except for a salesman, failure of the applicant to have an established place of business . [in this state.]
2. Financial insolvency of the applicant or licensee.
3. Material misstatement in the application [.] or otherwise furnishing false information to the division.
4. Failure of a salesman or applicant for licensing as a salesman to establish by proof satisfactory to the division that he is employed by a licensed dealer or rebuilder.
5. Failure of an applicant for a license to provide proof of his good character and reputation and of his fitness to engage in the activities for which the license is sought.
6. Any conduct before licensing which was in fact unknown to the division and would have been grounds for denial of a license had the division been aware of the conduct.
7. Obtaining or disclosing the contents of an examination given by the division.
Sec. 36. NRS 489.401 is hereby amended to read as follows:
489.401 The following grounds, among others, constitute grounds for disciplinary action under NRS 489.381:
1. The intentional publication, circulation or display of any advertising which constitutes a violation of NRS 598.410 by being a deceptive trade practice within the meaning of the term as set forth in that section.
2. Failure to include in any advertising the name of the licensed dealer, rebuilder, serviceman or installer, or the name under which he is doing business.
3. Making any substantial misrepresentation or false promise which is likely to influence, persuade or induce, or continually failing to fulfill promises to sell, breaching agreements or contracts or making false promises by any means.
4. Failure to disclose all terms and conditions of a sale, purchase or lease or offer to sell, purchase or lease a manufactured home, mobile home or commercial coach.
κ1983 Statutes of Nevada, Page 788 (CHAPTER 325, AB 43)κ
or lease or offer to sell, purchase or lease a manufactured home, mobile home or commercial coach.
5. Representing to any lender, guaranteeing agency or other interested party, either orally or through the preparation of false documents:
(a) An amount in excess of the actual sales price;
(b) A false amount as the down payment, earnest money deposit or other valuable consideration;
(c) Terms differing from those actually agreed upon; or
(d) False information on a credit application.
6. Inducing an applicant to falsify his credit application.
Sec. 37. NRS 489.411 is hereby amended to read as follows:
489.411 The following grounds, among others, constitute grounds for disciplinary action under NRS 489.381:
1. [The practice of claiming,] Claiming, demanding or receiving a fee, compensation or commission under any exclusive agreement, authorizing or employing a licensee to sell, buy, or exchange a manufactured home, mobile home or commercial coach for compensation or commission, where the agreement does not contain a definite specified date of final and complete termination , [and] does not set forth the terms and conditions of the exclusive agreement [.] or is not signed by both the licensee and the owner.
2. While the employee, agent or fiduciary of a licensee, soliciting, accepting or agreeing to accept any benefit [from another upon an agreement or understanding that the benefit will influence adversely his conduct in relation to the commercial affairs of his employer or principal.
3.] , fee, commission or compensation for the performance of any of the acts specified in this chapter from any person except the licensee with whom he is associated or employed.
3. Paying a commission or other compensation to any person or employing any person for performing the services of a person required to be licensed under this chapter who has not first secured his license pursuant to this chapter.
4. Commingling the money or other property of his principals with his own or converting the money of others to his own use.
5. Failing within a reasonable time to account for or to remit any money coming into his possession which belongs to others.
[4.] 6. Failure or refusal by a licensee to pay or otherwise discharge any final judgment rendered and entered against him which arises out of the conduct of his business licensed under this chapter.
Sec. 38. 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.
κ1983 Statutes of Nevada, Page 789 (CHAPTER 325, AB 43)κ
4. Failure or refusing to permit access by the administrator to documentary materials set forth in NRS 489.231.
5. Disregarding or violating any provision of this chapter or any regulation adopted under it.
[5.] 6. Conviction of a misdemeanor for violation of any of the provisions of this chapter.
[6.] 7. Conviction of or entering a plea of guilty or nolo contendere to a felony or a crime of moral turpitude in this state or any other state, territory or country.
Sec. 39. NRS 489.451 is hereby amended to read as follows:
489.451 [1.] Every mobile home, travel trailer or commercial coach [manufactured on or after July 1, 1977,] which is rented, leased or sold or offered for rent, lease or sale in this state must bear a certificate [or] and label of compliance issued by this state [certifying that the commercial coach was constructed in compliance with the standards applicable at the time of manufacture.
2. A certificate or label of compliance may be issued upon an inspection of the plans for or an actual inspection of the mobile home, travel trailer or commercial coach.
3. A mobile home, travel trailer or commercial coach which bears a label or other certificate by another state which the administrator finds has a competent inspection program or a label of compliance issued by a firm licensed under the provisions of this chapter is deemed to meet the requirements of this state, and the division shall issue a label upon application and proof that the mobile home, commercial coach or travel trailer meets the requirements of this chapter.] if:
1. The mobile home or travel trailer was manufactured on or after July 1, 1968, but before June 15, 1976.
2. The commercial coach was manufactured on or after July 1, 1977.
Sec. 39.5. NRS 489.451 is hereby amended to read as follows:
489.451 Every mobile home [, travel trailer,] or commercial coach which is rented, leased or sold or offered for rent, lease or sale in this state must bear a certificate and label of compliance issued by this state if:
1. The mobile home [or travel trailer] was manufactured on or after July 1, 1968, but before June 15, 1976.
2. The commercial coach was manufactured on or after July 1, 1977.
Sec. 40. NRS 489.461 is hereby amended to read as follows:
489.461 Any manufactured home, mobile home, travel trailer or commercial coach for which a certificate [or] and label of compliance has been issued pursuant to the provisions of this chapter is not required to comply with any local building codes or ordinances prescribing standards for plumbing, heating, electrical systems, body and frame design and construction requirements.
Sec. 41. NRS 489.481 is hereby amended to read as follows:
489.481 The division shall adopt regulations providing fees for:
1. Certificates of installation;
κ1983 Statutes of Nevada, Page 790 (CHAPTER 325, AB 43)κ
2. [Installation seals;] Labels of installation;
3. Certificates of compliance;
4. Labels of compliance;
5. [Licenses for issuing labels of compliance;] Certificates of ownership;
6. Licenses of manufacturers, dealers, salesmen, responsible managing employees, servicemen , rebuilders and installers;
7. Licenses for branch [mobile home and commercial coach] offices; and
8. [Licenses for mobile home, commercial coach and travel trailer manufacturing plants; and
9.] Any other services provided by the division.
Sec. 42. NRS 489.491 is hereby amended to read as follows:
489.491 1. All fees collected pursuant to the provisions of this chapter must be deposited in the state treasury for credit to the manufactured housing fund which is hereby created as a special revenue fund. All expenses of the enforcement of this chapter must be paid from the fund.
2. The fund may not be used for any purpose, except the regulation of manufactured homes, mobile homes, travel trailers and commercial coaches and the administration of [chapter 461] chapters 461 and 461A of NRS.
3. Claims against the fund must be paid as other claims against the state are paid.
Sec. 43. NRS 489.4971 is hereby amended to read as follows:
489.4971 1. The fund for education and recovery relating to [mobile homes] manufactured housing is hereby created as a special revenue fund for the purpose of satisfying claims against persons licensed under this chapter. Any balance in the fund over $300,000 at the end of any fiscal year must be set aside and used by the administrator for education respecting manufactured homes, mobile homes, travel trailers or commercial coaches.
2. Upon issuance or renewal of the following licenses by the division, the licensee must pay in addition to the original or renewal license fee, a fee:
(a) For a dealers or manufacturers original license, of $300.
(b) For a dealers or manufacturers renewal license, of $150.
(c) For an original or renewal license for:
(1) A serviceman , rebuilder or installer, of $50.
(2) A salesman, of $25.
(3) A responsible managing employee, of $50.
Fees collected pursuant to this section must be deposited in the state treasury for credit to the fund.
3. Payments from the fund must be made only upon an appropriate court order.
Sec. 44. NRS 489.4981 is hereby amended to read as follows:
489.4981 If the administrator pays any amount in settlement of a claim or towards satisfaction of a judgment against a licensee from the fund , [for education and recovery relating to mobile homes] the license [will be] is automatically suspended upon the effective date of an order by the court authorizing payment from the fund.
κ1983 Statutes of Nevada, Page 791 (CHAPTER 325, AB 43)κ
license [will be] is automatically suspended upon the effective date of an order by the court authorizing payment from the fund. A licensee may not be granted reinstatement until he has repaid in full, plus interest at the rate of 12 percent per annum, the amount paid from the fund on his behalf. Interest is to be computed from the date payment from the fund is made.
Sec. 45. NRS 489.501 is hereby amended to read as follows:
489.501 1. When a new manufactured home, mobile home or commercial coach is sold in this state by a dealer, he shall complete a dealers report of sale. The dealers report of sale must be in a form prescribed by the division and include a description of the manufactured home, mobile home or commercial coach, the name and address of the seller and the name and address of the buyer. If in connection with the sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the manufactured home, mobile home or commercial coach, the name and address of the secured party or his assignee must be entered on the dealers report of sale.
2. The seller must submit the original of the dealers report of sale and the manufacturers certificate or statement of origin to the division within 30 days after the execution of all instruments which the contract of sale required to be executed at the time of sale or within 30 days after the date of sale, whichever is later, unless an extension of time is granted by the division.
3. A dealer who sells a new manufactured home, mobile home or commercial coach shall deliver the buyers copy of the report of sale to him at the time of sale and submit another copy within 30 days after the date of the sale to the county assessor of the county in which the manufactured home, mobile home or commercial coach will be located.
Sec. 46. NRS 489.511 is hereby amended to read as follows:
489.511 1. When a used or rebuilt manufactured home, mobile home or commercial coach is sold in this state by a dealer or rebuilder, the seller shall complete a dealers or rebuilders report of sale. The report must be in a form prescribed by the division and include a description of the manufactured home, mobile home or commercial coach, the name and address of the seller and the name and address of the buyer. If a security interest exists at the time of the sale, or if in connection with the sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the manufactured home, mobile home or commercial coach, the name and address of the secured party must be entered on the dealers or rebuilders report of sale.
2. The seller shall submit the original of the dealers or rebuilders report of sale to the division within 45 days after the execution of all instruments which the contract of sale requires to be executed at the time of the sale, unless an extension of time is granted by the division, together with the endorsed certificate of title or certificate of ownership previously issued.
κ1983 Statutes of Nevada, Page 792 (CHAPTER 325, AB 43)κ
previously issued. The seller [must also] shall furnish one copy of the report of sale to the buyer [.] at the time of the sale. Within 45 days after the sale, the seller shall furnish one copy of the report of sale to the assessor of the county in which the manufactured home, mobile home or commercial coach will be located.
Sec. 47. NRS 489.521 is hereby amended to read as follows:
489.521 When a used or rebuilt manufactured home, mobile home or commercial coach is sold in this state by a person who is not a dealer or rebuilder, the seller or buyer or both of them shall submit to the division within 45 days after the sale:
1. If a certificate of ownership has been issued in this state, that certificate properly endorsed.
2. If a certificate of title or other document of title has been issued by a public authority of another state, territory or county:
(a) The certificate or document properly endorsed; and
(b) A statement showing, if not included on the endorsed certificate or document, the description of the manufactured home, mobile home or commercial coach, the names and addresses of the buyer and seller, and the name and address of any person who takes or retains a purchase money security interest. The statement must be signed and acknowledged by the seller and buyer.
3. If a document of title has not been issued by any public authority, a statement showing all the information and signed and acknowledged in the manner required by paragraph (b) of subsection 2.
Sec. 48. NRS 489.531 is hereby amended to read as follows:
489.531 1. The division shall not issue a certificate of ownership of a used manufactured home or used mobile home unless the county assessor of the county in which the manufactured home or mobile home was situated at the time of sale has endorsed on the certificate that all personal property taxes due on that manufactured home or mobile home in that county for any part of 12 months immediately preceding the date of the sale have been paid.
2. Every certificate of ownership issued for a used manufactured home or mobile home must contain a warning, printed or stamped on its face , [in red,] to the effect that title to a used manufactured home or used mobile home does not pass until the county assessor of the county in which the manufactured home or mobile home was situated at the time of the sale has endorsed on the certificate that all personal property taxes due on that manufactured home or mobile home in that county for any part of the 12 months immediately preceding the date of sale have been paid.
Sec. 49. NRS 489.551 is hereby amended to read as follows:
489.551 Upon a transfer of the title to or the interest of an owner in a manufactured home, mobile home or commercial coach issued a certificate of ownership under the provisions of this chapter, the person whose title or interest is to be transferred and the transferee shall write their signatures with ink upon the certificate of ownership issued for the manufactured home, mobile home or commercial coach, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate.
κ1983 Statutes of Nevada, Page 793 (CHAPTER 325, AB 43)κ
Sec. 50. NRS 489.561 is hereby amended to read as follows:
489.561 Whenever an application is made to the division for title of a manufactured home, mobile home or commercial coach previously titled and the applicant is unable to present the certificate of ownership previously issued because it is lost or being unlawfully detained by one in possession or is not otherwise available, the division may receive the application and examine the circumstances of the case and require the filing of affidavits or other information. When the division is satisfied that the applicant is entitled to a certificate of ownership, it may issue the certificate on the manufactured home, mobile home or commercial coach.
Sec. 51. NRS 489.571 is hereby amended to read as follows:
489.571 1. Whenever a security interest is created in a manufactured home, mobile home or commercial coach, the certificate of ownership must be delivered to the division with a statement signed by the debtor showing the date of the security agreement, the names and addresses of the debtor and the secured party.
2. The division shall issue to the secured party a certificate of ownership with the name and address of the secured party and the name and address of the registered owner noted on it.
3. When the contract or terms of the security agreement have been fully performed, the seller or other secured party who holds the certificate of ownership shall deliver the certificate to the person legally entitled to it with proper evidence of the termination or release of the security interest.
Sec. 52. NRS 489.581 is hereby amended to read as follows:
489.581 Compliance with the provisions of this chapter relating to a security interest in a manufactured home, mobile home or commercial coach is sufficient for the perfection and release of that security interest and for exemption from the requirement of filing a financing statement under the provisions of paragraph (b) of subsection 3 of NRS 104.9302. In all other respects the rights and duties of the debtor and secured party are governed by the Uniform Commercial Code — Secured Transactions and chapter 97 of NRS to the extent applicable.
Sec. 53. NRS 489.601 is hereby amended to read as follows:
489.601 1. Except as provided in NRS 489.611, any manufacturer, dealer or rebuilder having an established place of business in this state, and owning or controlling any new or used manufactured home, mobile home or commercial coach, may move the manufactured home, mobile home or commercial coach for the purposes of display, maintenance, sale or exchange if there is displayed on it a special plate issued to the manufacturer, dealer or rebuilder as provided by this section.
2. Upon issuance of a manufacturers, dealers or rebuilders license pursuant to this chapter, the division will furnish to the licensee one or more special plates for use on manufactured homes, mobile homes and commercial coaches pursuant to subsection 1. Each plate must have displayed upon it the identification number which is assigned to the manufacturer, dealer or rebuilder and may, at the discretion of the division, have a different letter or symbol on each plate.
κ1983 Statutes of Nevada, Page 794 (CHAPTER 325, AB 43)κ
The plates may be used interchangeably on the manufactured homes, mobile homes or commercial coaches.
3. The division shall by regulation determine the number of plates to which each manufacturer, dealer or rebuilder is entitled.
4. The department of motor vehicles shall supply the division with the special plates.
5. There must be paid to the division a fee of $12 at the time application for a special plate is made, and by the division to the department of motor vehicles, a fee of $5.50 for each special plate.
Sec. 54. NRS 489.611 is hereby amended to read as follows:
489.611 1. Except as provided in subsection 2, no manufactured home, mobile home or commercial coach may be moved upon the highways or roads of this state through use of any valid license plate unless a proper trip permit is obtained and displayed.
2. NRS 489.621 to 489.661, inclusive, do not apply to manufactured homes, mobile homes or commercial coaches moved:
(a) Through this state from and to points outside Nevada.
(b) Into this state with a valid license plate or permit from another state.
(c) With any valid license plate when movement is from:
(1) The place of manufacture of the manufactured home, mobile home or commercial coach to the place of business of a dealer licensed under this chapter;
(2) One dealer lot to another; or
(3) A dealer lot to the place of delivery to that dealers buyer.
Sec. 55. NRS 489.621 is hereby amended to read as follows:
489.621 1. Except as provided in NRS 489.611, any person who moves a manufactured home, mobile home or commercial coach upon any highway or road in this state shall, before that movement, apply to the county assessor for a [mobile home or commercial coach] trip permit. The assessor of the county from which the manufactured home, mobile home or commercial coach is to be moved shall issue a trip permit for each section of the manufactured home, mobile home or commercial coach upon application presented in the form prescribed by the division, payment of a fee of [$3] $5 for each permit, and proof satisfactory to the assessor of ownership and that all property taxes, and use taxes if applicable, levied against the manufactured home, mobile home or commercial coach and its contents have been paid.
2. The trip permit authorizes movement over the highways and roads for a period of not more than 5 consecutive working days following the date of issuance and the application and permit respectively must be used in lieu only of any certificate of registration and vehicle license number plate required by law.
Sec. 56. NRS 489.631 is hereby amended to read as follows:
489.631 1. The application for a trip permit must contain any information required by the division, and the name of the owner of the manufactured home, mobile home or commercial coach, the make, model and serial number of the manufactured home, mobile home or commercial coach, the location of the place from which it was moved, the address of the place to which it is to be moved, the expiration date of the permit and the signature of the county assessor or his designee.
κ1983 Statutes of Nevada, Page 795 (CHAPTER 325, AB 43)κ
the address of the place to which it is to be moved, the expiration date of the permit and the signature of the county assessor or his designee.
2. The county assessor shall, within 10 days after issuing the trip permit, forward a copy of the application:
(a) To the division; and
(b) To the assessor of the county where the manufactured home, mobile home or commercial coach will be located, unless the manufactured home, mobile home or commercial coach is to leave this state.
3. The county assessor shall also provide a copy of the application for use by the operator of the vehicle moving the manufactured home, mobile home or commercial coach and the operator shall keep his copy of the application in his possession at all times during the movement.
Sec. 57. NRS 489.641 is hereby amended to read as follows:
489.641 1. The division shall determine the size, shape and form of the trip permit which may be part of a single form also containing the application for the permit. Each permit must bear the month and day of expiration in numerals of sufficient size to be plainly readable from a reasonable distance during daylight.
2. The trip permit must be prominently displayed on the rear of each section of the manufactured home, mobile home or commercial coach in the manner prescribed by the division at all times during which the manufactured home, mobile home or commercial coach is moved upon any highway or road. The permit must be made and displayed in a manner that renders the permit unusable when removed from the manufactured home, mobile home or commercial coach.
Sec. 58. NRS 489.661 is hereby amended to read as follows:
489.661 1. Any person who moves a manufactured home, mobile home or commercial coach in violation of the provisions of NRS 489.611 to 489.651, inclusive, is guilty of a misdemeanor.
2. If a manufactured home, mobile home or commercial coach is moved upon any highway or road in the state in violation of any of the provisions of NRS 489.611 to 489.651, inclusive, the division, any member of the Nevada highway patrol or any peace officer in the state shall seize and hold the manufactured home, mobile home or commercial coach until presented with a copy of the application and trip permit required by NRS 489.621 to 489.661, inclusive.
Sec. 59. NRS 489.701 is hereby amended to read as follows:
489.701 1. Any mobile home, commercial coach or travel trailer in this state which is rented or leased for residential purposes must be equipped with a smoke detector which meets standards approved by the state fire marshal.
2. Any manufactured home in this state which is rented or leased for residential purposes must be equipped with a smoke detector which meets federal construction and safety standards for manufactured homes in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.).
Sec. 60. NRS 489.711 is hereby amended to read as follows:
489.711 Notwithstanding the provisions of chapters 361 and 482 of NRS or any other law, no dealer may be required to pay any property tax, either as tax on inventory or on individual manufactured homes, mobile homes or commercial coaches, on any manufactured home, mobile home or commercial coach of which the dealer takes possession and which he holds for sale in the ordinary course of business.
κ1983 Statutes of Nevada, Page 796 (CHAPTER 325, AB 43)κ
tax, either as tax on inventory or on individual manufactured homes, mobile homes or commercial coaches, on any manufactured home, mobile home or commercial coach of which the dealer takes possession and which he holds for sale in the ordinary course of business.
Sec. 61. NRS 489.715 is hereby amended to read as follows:
489.715 1. Full disclosure of all terms and conditions of an offer to sell, buy or lease a used manufactured home, used mobile home or used commercial coach must be set forth in writing and signed by the seller, buyer and dealer.
2. Any offer to purchase or lease a used manufactured home, used mobile home or used commercial coach must be submitted within 5 days after the offer is made to the owner or his authorized agent for approval or disapproval. The offer must be in writing and signed and dated by the person making the offer and by the dealer.
Sec. 62. (Deleted by amendment.)
Sec. 63. NRS 489.731 is hereby amended to read as follows:
489.731 Unless further restricted by local ordinance, if more than 80 percent of the lots in the park where it is situated are occupied, it is unlawful for a dealer, an installer or a salesman to rent or lease a vacant mobile home lot unless:
1. Within 60 days he takes up residence in a manufactured home or mobile home placed upon the lot; or
2. He releases the lot to a qualified tenant.
After the expiration of 60 days from the date of rental of the lot to the dealer, installer or salesman, any qualified tenant is entitled, upon written request to the landlord, to obtain release of the lot.
Sec. 64. NRS 489.741 is hereby amended to read as follows:
489.741 No right of action exists in favor of any person by reason of any action or failure to act on the part of the division or any of its officers or employees in carrying out the provisions of this chapter, or in giving or failing to give any information concerning the legal ownership of a manufactured home, mobile home or commercial coach or the existence of a security interest in it.
Sec. 65. NRS 489.801 is hereby amended to read as follows:
489.801 1. It is unlawful for any person to manufacture any manufactured home, mobile home , [or] travel trailer or [any] commercial coach unless the manufactured home, mobile home, travel trailer or commercial coach and its components and systems are constructed and assembled according to the standards prescribed pursuant to the provisions of this chapter.
2. It is unlawful for any person knowingly to sell or offer for sale any [mobile home] manufactured home which has been constructed on or after June 15, 1976, unless the [mobile home] manufactured home and its components and systems have been constructed and assembled according to the standards prescribed pursuant to the National [Mobile Home] Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.).
3. Any person who knowingly sells or offers to sell in this state any manufactured home, mobile home or commercial coach for which a certificate or label of compliance is required under this chapter, which does not bear a certificate or label of compliance, is liable for the penalties provided in NRS 489.811 and 489.821.
κ1983 Statutes of Nevada, Page 797 (CHAPTER 325, AB 43)κ
chapter, which does not bear a certificate or label of compliance, is liable for the penalties provided in NRS 489.811 and 489.821.
4. It is unlawful for any person to issue a certification which states that a [mobile home] manufactured home conforms to all applicable federal standards for safety and construction if that person, in the exercise of due care, has reason to know that the certification is false or misleading in any material respect.
5. It is unlawful for a manufacturer to fail to furnish notification of defects relating to construction or safety, as required by the National [Mobile Home] Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. § 5414).
6. It is unlawful for any person to fail or refuse to permit access by the administrator to the documentary materials set forth in NRS 489.231.
7. It is unlawful for any person, without authorization from the division, to disclose or obtain the contents of an examination given by the division.
8. It is unlawful for any person to use a manufactured home or mobile home [or commercial coach] as living quarters or for human occupancy, respectively, if the manufactured home or mobile home [or commercial coach] violates a standard of safety set forth in regulations adopted pursuant to subsection 1 of NRS 489.251, concerning installation, tiedown, and support of manufactured homes and mobile homes . [and commercial coaches.]
Sec. 65.5. NRS 489.801 is hereby amended to read as follows:
489.801 1. It is unlawful for any person to manufacture any manufactured home, mobile home, travel trailer or commercial coach unless the manufactured home, mobile home, travel trailer or commercial coach and its components and systems are constructed and assembled according to the standards prescribed pursuant to the provisions of this chapter.
2. It is unlawful for any person knowingly to sell or offer for sale any manufactured home which has been constructed on or after June 15, 1976, unless the manufactured home and its components and systems have been constructed and assembled according to the standards prescribed pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.).
3. Any person who knowingly sells or offers to sell in this state any manufactured home, mobile home [, travel trailer] or commercial coach for which a certificate or label of compliance is required under this chapter, which does not bear a certificate or label of compliance, is liable for the penalties provided in NRS 489.811 and 489.821.
4. It is unlawful for any person to issue a certification which states that a manufactured home conforms to all applicable federal standards for safety and construction if that person, in the exercise of due care, has reason to know that the certification is false or misleading in any material respect.
5. It is unlawful for a manufacturer to fail to furnish notification of defects relating to construction or safety, as required by the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C.
κ1983 Statutes of Nevada, Page 798 (CHAPTER 325, AB 43)κ
National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C. § 5414).
6. It is unlawful for any person to fail or refuse to permit access by the administrator to the documentary materials set forth in NRS 489.231.
7. It is unlawful for any person, without authorization from the division, to disclose or obtain the contents of an examination given by the division.
8. It is unlawful for any person to use a manufactured home or mobile home as living quarters or for human occupancy, respectively, if the manufactured home or mobile home violates a standard of safety set forth in regulations adopted pursuant to subsection 1 of NRS 489.251, concerning installation, tiedown, and support of manufactured homes and mobile homes.
Sec. 66. NRS 489.811 is hereby amended to read as follows:
489.811 1. Except as provided in subsection 5, any person who violates any of the provisions of this chapter is liable to the state for a civil penalty of not more than $1,000 for each violation. Each violation of this chapter or any regulation or order issued under it constitutes a separate violation with respect to each mobile home or commercial coach and with respect to each failure or refusal to allow or perform an act required by this chapter or regulation or order, except that the maximum civil penalty is $1,000,000 for any related series of violations occurring within 1 year after the first violation.
2. Before the adoption of any regulation for whose violation a civil penalty may be imposed, the administrator shall give at least 30 days written notice to every licensed [mobile home or commercial coach] manufacturer, dealer, rebuilder, installer and serviceman and every other interested party who has requested the notice.
3. An action to enforce a civil penalty must be brought in a court of competent jurisdiction in the county in which the defendant has his principal place of business.
4. All money collected as civil penalties pursuant to the provisions of this chapter must be deposited in the state general fund.
5. This section does not apply to a manufacturer, dealer or rebuilder of travel trailers.
Sec. 67. 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] Manufactured Housing 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 799 (CHAPTER 325, AB 43)κ
health or safety of a purchaser of a [mobile home or commercial coach.] manufactured home.
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.] Assembly Bill No. 329 of the 62nd session of the legislature.
(b) Commingles the money or other property of a seller or purchaser of a manufactured home or a mobile home with his own.
3. Except as provided in subsections 1 and 4 of this section, any person who knowingly or willfully violates any of the provisions of this chapter is guilty of a misdemeanor.
4. Subsection 3 does not apply to a manufacturer of travel trailers.
Sec. 67.5. Section 3 of Assembly Bill No. 329 of the 62nd session of the legislature is hereby amended to read as follows:
A dealer shall not commingle the money or other property of a seller or purchaser of a manufactured home or a mobile home with his own.
Sec. 68. NRS 489.071, 489.361 and 489.371 are hereby repealed.
Sec. 69. 1. Sections 38, 67 and 67.5 shall become effective at 12:01 a.m. on July 1, 1983.
2. Sections 8, 12.5, 28.5, 29.5, 39.5 and 65.5 shall become effective on July 1, 1985.
________
Senate Bill No. 275Committee on Government Affairs
CHAPTER 326
AN ACT relating to trade districts; enabling the governor and certain local governments to take action required under any federal law providing for the establishment and administration of such a district in Nevada; and providing other matters properly relating thereto.
[Approved May 14, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 25 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The governing body of any political subdivision of this state or the governing bodies of two or more political subdivisions of this state, acting together, may apply to the governor for the certification of a trade district pursuant to any federal law providing for the establishment and administration of a trade district in Nevada.
Sec. 3. 1. The governor shall approve an application made pursuant to section 2 of this act and certify a trade district if:
(a) All of the requirements imposed by federal law for the establishment and administration of such a district are met;
(b) The application and certification comply with the applicable provisions of the law of this state; and
κ1983 Statutes of Nevada, Page 800 (CHAPTER 326, SB 275)κ
(c) The welfare of this state is advanced by the certification of such a district.
2. If a trade district is certified pursuant to subsection 1, the governor shall designate a proper authority to administer the district.
________
Assembly Bill No. 423Assemblymen Francis, Stewart, Bilyeu, Banner, Kerns, Joerg, Coffin, Bourne, Malone, Berkley, Nevin, May, Ham, Beyer, Nicholas, Thompson, Craddock, Dini, Stone, Sedway, Jeffrey, Vergiels, Zimmer, Fay, Brady, DuBois, Bergevin, Price, Sader, Redelsperger, Bogaert, Bremner, Collins, Humke, Kovacs, Swain, Thomas, Marvel, Getto, Schofield and Perry
CHAPTER 327
AN ACT relating to crimes and punishments; prohibiting the manufacture and sale of metal-penetrating bullets; enhancing the penalty for crimes committed while using such bullets; providing a penalty; and providing other matters properly relating thereto.
[Approved May 16, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 193 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any person who uses a handgun containing a metal-penetrating bullet in the commission of a crime shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime and any other additional penalty imposed by statute.
2. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
3. As used in this section, metal-penetrating bullet has the meaning ascribed to it in section 2 of this act.
Sec. 2. Chapter 202 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as provided in subsection 2, it is unlawful to manufacture or sell any metal-penetrating bullet capable of being fired from a handgun.
2. A person may manufacture and sell metal-penetrating bullets pursuant to an agreement with a law enforcement agency for the sale of such bullets to that agency.
3. A person who violates the provisions of this section is guilty of a gross misdemeanor.
4. As used in this section, metal-penetrating bullet means a bullet whose core:
(a) Reduces the normal expansion of the bullet upon impact; and
κ1983 Statutes of Nevada, Page 801 (CHAPTER 327, AB 423)κ
(b) Is at least as hard as the maximum hardness attainable using solid red metal alloys,
and which can be used in a handgun. The term does not include any bullet with a copper or brass jacket and a core of lead or a lead alloy, or a bullet made of lead or lead alloys.
________
Senate Bill No. 359Committee on Human Resources and Facilities
CHAPTER 328
AN ACT relating to public libraries; directing that a proposal to issue state general obligation bonds for building and expanding public libraries be submitted to a vote of the people; providing for construction grants to local governmental entities from the proceeds of the bonds if the issue is approved; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. At the general election to be held in the State of Nevada in 1984, there shall be submitted to the voters of the state in the manner prescribed by chapter 349 of NRS a proposal to issue general obligation bonds of the State of Nevada for the purposes of building and expanding public libraries in this state in an amount of not more than $10,000,000. If the proposal is carried, the bonds may be issued at one time or from time to time.
Sec. 2. 1. If, on the application of the state librarian with the approval of the Nevada council on libraries, the interim finance committee finds that one or more state-supported construction projects for public libraries ought to be commenced, it may direct:
(a) The state board of examiners to issue a sufficient amount of the bonds authorized pursuant to section 1 of this act; and
(b) The state librarian to make grants from the proceeds of the bonds to local governmental entities for construction projects for public libraries, computing the adjusted state and local shares according to the provisions of section 4 of this act.
2. The state librarian shall not expend more than the amount authorized unless he has obtained prior approval from the interim finance committee.
3. The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds under this act.
Sec. 3. The state librarian shall administer the program of grants to local governmental entities for construction projects for public libraries, and he may adopt regulations as necessary to carry out the program. The Nevada council on libraries shall review applications for individual grants and may make recommendations concerning those applications. All applications must be forwarded to the interim finance committee, together with the recommendations of the council. The interim finance committee has final authority to approve or disapprove grants.
κ1983 Statutes of Nevada, Page 802 (CHAPTER 328, SB 359)κ
Sec. 4. In order to be eligible for a grant from the proceeds of the bonds, a local governmental entity planning a state-supported construction project must provide a local share to match the state share. The basic local share is equal to the state share and is adjusted in each case to reflect local financial ability. The amount of the adjusted local share is computed according to the following formula:
1. The total assessed valuation of the local governmental entity, as certified by the department of taxation for the most recent tax year, is divided by the population of that entity to determine the local assessed valuation per capita.
2. The total assessed valuation of the state, as certified by the department of taxation for the most recent tax year, is divided by the population of the state to determine the statewide assessed valuation per capita.
3. The local assessed valuation per capita is divided by the statewide assessed valuation per capita to determine what percentage the local average is of the statewide average.
4. The basic local share (50 percent of the estimated total cost of the state-supported project) is multiplied by the quotient computed in subsection 3 to determine the adjusted local share which must be provided in order to receive a construction grant. The adjusted state share of the project is determined by subtracting the adjusted local share from the estimated total cost.
________
Assembly Bill No. 292Assemblymen Bourne, Schofield, Nevin, Stone, Kovacs, Joerg, Francis, Jeffrey, Bergevin, Zimmer, Craddock, Getto, Price, Malone, Bogaert, Thomas, Thompson, Redelsperger, Humke and Beyer
CHAPTER 329
AN ACT relating to taxation; exempting the value of a qualified system for conserving energy for the purposes of property tax; removing the former allowance; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.795 is hereby amended to read as follows:
361.795 1. As used in this section, qualified system means any system, method, construction, installation, machinery, equipment, device or appliance which is designed, constructed or installed in a residential , commercial or industrial building to heat or cool the building or water used in the building, or to provide electricity used in the building, by using:
(a) Solar or wind energy;
(b) Geothermal resources;
(c) Energy derived from conversion of solid wastes; or
(d) Water power, which conforms to standards established by regulation of the department.
κ1983 Statutes of Nevada, Page 803 (CHAPTER 329, AB 292)κ
which conforms to standards established by regulation of the department.
2. [The owner of a residential building which is heated or cooled with a qualified system is entitled to an allowance against the property tax accrued:
(a) During the current assessment year if the building is placed upon the secured tax roll; or
(b) In the next following assessment year if the building is placed upon the unsecured tax roll,
in an amount equal to the difference between the tax on the property at its assessed value with the system and the tax on the property at its assessed value without the system.
3. In no event may the allowance:
(a) Exceed the amount of the accrued property tax paid by the claimant on the building or $2,000, whichever is less; or
(b) Be granted in any assessment year in which the qualified system is not actually used to heat or cool the building.
4. Only one owner of the building may file a claim for an assessment year. A claim may be filed with the county assessor of the county in which the building is located. The claim must be signed under penalty of perjury and filed in such form and content, and accompanied by such proof, as the department may prescribe. The county assessor shall furnish the appropriate form to each claimant.
5. The claim must be filed on or before the 1st Monday in August for the ensuing fiscal year. The claim remains effective until the ownership of the property is changed or the system is removed.
6. Not later than May 25 of the assessment year or, if May 25 falls on a Saturday or Sunday or on a legal holiday, on the Monday or day other than Saturday, Sunday or a legal holiday, respectively, next following, the county assessor shall provide the auditor of his county a statement showing the property description or parcel number, name and address of claimant, and the dollar allowances of each claim granted for the assessment year under this section with respect to property placed upon the secured tax roll. After the county auditor extends the secured tax roll, he shall adjust the roll to show the dollar allowances and the amounts of tax, if any, remaining due as a result of claims granted under this section. By not later than June 15 of the assessment year, the county auditor shall deliver the extended tax roll, so adjusted, to the ex officio tax receiver of the county.
7. The ex officio tax receiver of the county shall make such corresponding adjustments to the individual property tax bills, prepared from the secured tax rolls, as are necessary to notify the taxpayers of the allowances granted them under this section.
8. After granting the claim of a taxpayer whose building is placed upon the unsecured tax roll, the county assessor shall determine the amount of the allowance to which the claimant is entitled under this section and shall credit the claimants individual property tax account accordingly.
9. The county assessor shall send to the department, for each assessment year, a statement showing the allowances granted pursuant to this section.
κ1983 Statutes of Nevada, Page 804 (CHAPTER 329, AB 292)κ
assessment year, a statement showing the allowances granted pursuant to this section. Upon verification and audit of the allowances, the department shall authorize reimbursement to the county by the state from money appropriated for the purpose.
10. Any person who willfully makes a materially false statement on a claim filed under this section or produces false proof, and as a result of that false statement or false proof, a tax allowance is granted to a person not entitled to the allowance, is guilty of a gross misdemeanor.] For any assessment made on or after July 1, 1983, any value added by a qualified system must be excluded from the assessed value of the building regardless of the date the system was installed.
Sec. 2. For taxes levied to be collected during the fiscal year beginning on July 1, 1983, a claim filed pursuant to NRS 361.795 on or before the first Monday in August 1982 entitles the claimant to an exemption equal to the difference between the assessed value of the building with the qualified system and the assessed value of the building without it. On or before July 1, 1983, the county assessor shall file with the county auditor, the ex officio tax receiver and the department a statement showing, for each property with respect to which an allowance was claimed, the amount of the exemption created by this section. The county auditor or ex officio tax receiver, whichever has the tax roll, shall reduce the assessed valuation and the amount of taxes to be collected accordingly.
Sec. 3. Section 2 of this act shall become effective upon passage and approval.
________
Assembly Bill No. 424Assemblyman Beyer
CHAPTER 330
AN ACT relating to professional engineers; changing the limit on the allowance for subsistence and lodging for members of the board; removing the requirement for oral examination of persons registered in another state or country; increasing and removing certain fees; adding to the documents which must be prepared by professional engineers for public works; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 625.110 is hereby amended to read as follows:
625.110 1. The board shall elect one of its members as chairman and one of its members as vice chairman, each of whom holds office for 2 years and until a successor is elected and qualified.
2. At any meeting, four members constitute a quorum.
3. Each member is entitled to receive:
(a) A salary of not more than $60 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not [to exceed $40 per day,] greater than the amount provided by law for state employees, and actual expenses for transportation, while traveling on business of the board.
κ1983 Statutes of Nevada, Page 805 (CHAPTER 330, AB 424)κ
per day,] greater than the amount provided by law for state employees, and actual expenses for transportation, while traveling on business of the board.
4. [Any state employee who may be appointed to serve on the board is entitled to receive compensation as provided in this section for his service in addition to any other salary or compensation he receives from the state for other services.
5.] The board shall appoint an executive secretary who serves at the pleasure of the board and is entitled to receive such compensation as may be fixed by the board.
Sec. 2. NRS 625.210 is hereby amended to read as follows:
625.210 1. The board shall issue a certificate of registration [upon the payment of the registration fee specified in this chapter] to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this chapter.
2. The certificate [shall authorize] authorizes the practice of professional engineering, followed by the branch or branches for which he is qualified.
3. Certificates of registration [shall:] must:
(a) Show the full name of the registrant.
(b) Have a registration number.
(c) Be signed by the chairman and the secretary under seal of the board.
4. The issuance of a certificate of registration by the board is evidence that the person named in the certificate is entitled to all the rights and privileges of a registered professional engineer while the certificate remains valid.
Sec. 3. NRS 625.220 is hereby amended to read as follows:
625.220 1. The board may, upon application [,] and payment of an application fee fixed by the board not exceeding $100, [and payment of the registration fee specified in this chapter] issue a certificate of registration as a professional engineer to any person who holds a certificate of qualification or registration issued to him by proper authority of the National Council of Engineering Examiners Committee on National Engineering Certification, or by the proper authority of any state, territory or possession of the United States, or of any country, if the requirements for the registration of professional engineers under which the certificate of qualification or registration was issued do not conflict with the provisions of this chapter and are of a standard not lower than that specified in this chapter.
2. An oral examination conducted by not less than three members of the board [shall] may be required of such persons and a written examination may be required at the discretion of the board.
Sec. 4. NRS 625.295 is hereby amended to read as follows:
625.295 1. [Upon the payment of the registration fee, as provided for in this chapter, the] The board shall issue a certificate of registration to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this chapter concerning registered land surveyors.
2. Certificates of registration [shall:] must:
κ1983 Statutes of Nevada, Page 806 (CHAPTER 330, AB 424)κ
(a) Show the full name of the registrant.
(b) Have a serial number.
(c) Be signed by the chairman and secretary under the seal of the board.
(d) Authorize the practice of land surveying.
3. The issuance of a certificate of registration by the board [shall be] is evidence that the person named thereon is entitled to all the rights and privileges of a registered land surveyor while the certificate remains unrevoked or unexpired.
Sec. 5. NRS 625.390 is hereby amended to read as follows:
625.390 1. Application for registration as a professional engineer or land surveyor or for certification as an engineer-in-training or land surveyor-in-training must:
(a) Be made on a form furnished and prescribed by the board;
(b) Contain statements made under oath, showing the applicants education and a detailed summary of his technical experience; and
(c) Contain the names of not less than three:
(1) Registered professional engineers if applying for registration as a professional engineer or engineer-in-training; or
(2) Registered land surveyors or registered professional engineers qualified in the branch of civil engineering if applying for registration as a land surveyor or land surveyor-in-training,
who may be residents of this or any other state who have knowledge of the background, character and technical competence of the applicant, but none of whom may be members of the board.
2. The board shall, by regulation, establish the application fee for professional engineers and land surveyors in an amount not more than $100. The fee must accompany the application. [A fee for a certificate of registration may be fixed by the board in an amount of not more than $50.]
3. If the board denies a certificate to any applicant, or if an applicant fails to appear for examination, the fee paid must be retained as an application fee.
4. The board shall charge and collect from each applicant for certification as an engineer-in-training or a land surveyor-in-training a fee fixed by the board of not more than [$25,] $40, which includes the cost of examination and the issuance of a certificate. The certificate as a land surveyor-in-training is valid for 8 years, and the certificate as a land-surveyor-in-training is valid for 6 years. At the end of the respective periods the certificates expire but may be renewed as in the case of any original applicant.
5. A nonresident applying for registration as a professional engineer or land surveyor is subject to the same fees as a resident.
6. The board shall require the biennial renewal of each certificate of registration of a professional engineer or land surveyor and collect a renewal fee of not more than $75, prescribed by regulation of the board, except that the board may prescribe shorter periods and prorated fees in setting up a system of staggered renewals.
κ1983 Statutes of Nevada, Page 807 (CHAPTER 330, AB 424)κ
Sec. 6. NRS 625.400 is hereby amended to read as follows:
625.400 A new certificate of registration to replace any certificate revoked, lost, destroyed or mutilated may be issued, subject to the [rules] regulations of the board, and a charge of not more than [$20 shall] $40 may be made for its issuance.
Sec. 7. NRS 625.490 is hereby amended to read as follows:
625.490 The following persons are exempt from the provisions of this chapter concerning the practice of land surveying:
1. Any state, county, city or district employee directly responsible to a registered land surveyor.
2. Any subordinate to a registered land surveyor of this state, insofar as he acts as a subordinate.
3. Registered professional mining engineers engaged solely in surveys made for mining and milling purposes or facilities pertaining thereto.
4. Officers and employees of the United States Government who have qualified under federal regulations and have been authorized to make surveys for the [Government;] government; but [no] such [Government] a governmental employee shall not engage in private [engineering] practice as a land surveyor in Nevada unless he is [duly] registered under [the law.] this chapter.
Sec. 8. NRS 625.530 is hereby amended to read as follows:
625.530 1. [It is unlawful for the] The State of Nevada or any of its political subdivisions, such as a county, city or town, [to] shall not engage in [the construction of] any public work requiring the practice of engineering, unless the plans, specifications , reports and estimates have been prepared by, and the [construction] work executed under the supervision of, a registered professional engineer or a registered architect.
2. Nothing in this section:
(a) Applies to any public work wherein the expenditure for the complete project of which the work is a part does not exceed [$15,000.] $35,000.
(b) Includes any maintenance work undertaken by the State of Nevada or its political subdivisions.
(c) Authorizes either a professional engineer or a registered architect or a registered land surveyor to practice in violation of any of the provisions of chapter 623 of NRS or this chapter.
(d) Requires the services of an architect registered under chapter 623 of NRS for the erection of buildings or structures manufactured in an industrial plant, if such buildings or structures meet the requirements of local building codes of the jurisdiction in which they are being erected.
3. The selection of a registered professional engineer or registered architect to perform services under subsection 1 [shall] must be made on the basis of the competence and qualifications of [such] the engineer or architect for the type of services to be performed, and not on the basis of competitive fees. If, after selection of [such] the engineer or architect, an agreement upon a fair and reasonable fee cannot be reached with him, the public agency may terminate negotiations and select another [such] engineer or architect.
κ1983 Statutes of Nevada, Page 808 (CHAPTER 330, AB 424)κ
reached with him, the public agency may terminate negotiations and select another [such] engineer or architect.
________
Assembly Bill No. 552Assemblymen Beyer and Nevin
CHAPTER 331
AN ACT relating to fire protection districts; extending the nature of harm for which liability may be incurred; extending the class of districts which may recover for the harm; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 474.550 is hereby amended to read as follows:
474.550 [1.] Within the boundaries of any fire protection district [organized under NRS 474.460,] created pursuant to this chapter, any person, firm, association or agency which willfully or negligently causes a fire or [fires] other emergency which threatens human life may be charged with the expenses incurred in extinguishing [such fire or fires, together with] the fire or meeting the emergency and the cost of necessary patrol. Such a charge [shall constitute] constitutes a debt [of such person, firm, association or agency charged and shall be] which is collectible by the federal, state, county or district agency incurring [such] the expenses in the same manner as [in the case of] an obligation under a contract, express or implied.
[2. This section does not apply to or affect any existing rights, duties or causes of action, nor shall it apply to or affect any rights, duties or causes of action accruing prior to May 27, 1975.]
________
Assembly Bill No. 5Assemblymen Dini, Getto, Bergevin, Marvel, Redelsperger and Bilyeu
CHAPTER 332
AN ACT relating to industrial insurance; increasing the wages deemed earned by volunteer firemen; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.070 is hereby amended to read as follows:
616.070 Volunteer firemen belonging to a regular organized and recognized fire department, while engaged in their duties in any voluntary community service which they may undertake, and while acting under the direction of the fire chief or any of his assistants in the protection of life or property, during fire, flood, earthquake, windstorm, ambulance service or other rescue work, shall be deemed, for the purpose of this chapter, employees of the city, town, county or district so recognizing them, at the wage of [$600] $900 per month, and [shall be] are entitled to the benefits of this chapter under such city, town, county or [district] districts complying therewith.
κ1983 Statutes of Nevada, Page 809 (CHAPTER 332, AB 5)κ
ambulance service or other rescue work, shall be deemed, for the purpose of this chapter, employees of the city, town, county or district so recognizing them, at the wage of [$600] $900 per month, and [shall be] are entitled to the benefits of this chapter under such city, town, county or [district] districts complying therewith.
________
Assembly Bill No. 265Committee on Government Affairs
CHAPTER 333
AN ACT relating to holidays; establishing a day to memorialize the birthday of Martin Luther King, Jr.; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 236 of NRS is hereby amended by adding thereto a new section which shall read as follows:
January 15 of each year is established as the day on which to memorialize the birthday of Martin Luther King, Jr. The public schools of this state shall observe the day with appropriate exercises. The governor shall annually issue a proclamation which calls upon state officers to display the United States flag on state buildings on that day and calls upon the people of the state to display the flag at their homes, lodges, churches and places of business as a public expression of respect for the man and his belief that equality for all people could be achieved without violence.
________
Assembly Bill No. 192Assemblymen Dini, Getto, Bergevin, Redelsperger, Marvel, Malone and Bilyeu
CHAPTER 334
AN ACT relating to required changes in existing structures to enhance fire safety; allowing the board of fire safety to consider the historical value of a building in granting variances; making various other changes; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 477.120 is hereby amended to read as follows:
477.120 1. The owner or operator of any building, except a single-family detached dwelling, shall:
[1.] (a) Equip every exit corridor and other means of exit with emergency lighting of a type approved by the authority which permits the safe evacuation of the building.
κ1983 Statutes of Nevada, Page 810 (CHAPTER 334, AB 192)κ
[2. Equip] (b) Except as otherwise provided by the authority, equip every door to an exit corridor which serves 30 or more occupants with a device, approved by the authority, which closes the door.
[3. Immediately]
(c) Except as otherwise provided by the authority, immediately provide adequate facilities for exit.
[4.] (d) If the building has three stories or more, enclose every open stairway or vertical shaft with:
[(a)] (1) Construction whose resistance to fire has been approved by the authority; or
[(b)] (2) Alternate means approved by the authority which afford equivalent protection to life and property from fire.
2. In determining whether to allow an exception to the requirement of a device which closes a door, the authority shall give special consideration to a request by a health and care facility regarding the doors to patients rooms and consider, at least:
(a) The current design of applicable equipment;
(b) The preference of the local fire service;
(c) The size and duties of the staff of the facility; and
(d) Any resulting hardship to the owner or operator.
3. Upon a showing of practical difficulty or unnecessary hardship, the authority may allow an exception to the requirement of paragraph (c) of subsection 1 if it is clearly evident that the safe evacuation of the building will not be hindered thereby. When such an exception is allowed, the authority shall record the details of and reasons for the exception.
Sec. 2. NRS 477.190 is hereby amended to read as follows:
477.190 [The] 1. Except as otherwise provided in subsection 3, the board of fire safety shall:
[1.] (a) Hear and decide requests for variances from the provisions of NRS 477.110 to 477.160, inclusive, and requests for permission to undertake alternate methods of achieving substantial compliance with those provisions ; and
[2.] (b) Review local ordinances which require stricter standards than those required by NRS 477.110 to 477.160, inclusive, for retrofitting of buildings and recommend to the state board of examiners whether the ordinances should be approved.
2. In determining whether to grant such a variance, the board of fire safety shall consider whether the building is in a historic district or is a historic place. If it is, the board may identify alternate methods of achieving substantial compliance with NRS 477.110 to 477.160, inclusive.
3. In counties whose population is 100,000 or more, the state fire marshal shall perform the duties listed in subsection 1 with regard to school buildings. The board of fire safety shall hear and decide any appeal from his decision.
4. For the purpose of this section, the term:
(a) Historic district includes the Comstock historic district and any historic district designated by a board of county commissioners.
κ1983 Statutes of Nevada, Page 811 (CHAPTER 334, AB 192)κ
(b) Historic place means a site or structure on public or private property which has been placed in the state register of historic places or the National Register of Historic Places or has been certified as a place with historical significance by the administrator of the division of historic preservation and archeology of the department of conservation and natural resources.
Sec. 3. NRS 477.200 is hereby amended to read as follows:
477.200 1. A person may request a variance from the provisions of NRS 477.110 to 477.160, inclusive, by filing a petition with the board of fire safety.
2. Within 30 days after receiving a petition, the board shall grant the petitioner a hearing and, upon a showing that existing features or alternate methods achieve substantial compliance with those provisions and that complete compliance will not significantly further the safety of persons in the building, may grant a variance. Upon a showing of practical difficulty or unnecessary hardship, the board may grant such a variance if, even with the variance, the persons in the building will be reasonably safe. The board shall issue its order within 30 days after the hearing.
3. When such a variance is granted, the board shall record the details of and reasons for the variance.
Sec. 4. Section 13 of chapter 659, Statutes of Nevada 1981, at page 1571, is hereby amended to read as follows:
Sec. 13. 1. Each authority as defined in section 2 of this act shall, within 12 months after the effective date of this act, complete a survey of each building within its jurisdiction subject to the provisions of sections 3 to 8, inclusive, of this act.
2. When the authority completes its survey of a building, it shall immediately furnish a copy of the survey to the owner or operator of the building.
3. The owner or operator shall:
(a) Furnish to the authority within 6 months after receiving the copy of the survey his plans to effect the corrections identified by the survey as necessary for compliance with sections 3 to 8, inclusive, of this act.
(b) Make all of those corrections within 36 months after the effective date of this act.
4. The board of fire safety may waive the times prescribed in this section for:
(a) Completion of surveys by a responsible authority; and
(b) Submission of plans or completion of work, or both, by an owner or operator,
if the applicant for the wavier demonstrates a financial hardship or an appropriate effort and a genuine inability to comply within the time prescribed.
5. The board of fire safety shall establish criteria for determining whether to waive the times prescribed in this section because of financial hardship. A waiver which is allowed because of financial hardship must require compliance within 2 years after the time prescribed in this section.
κ1983 Statutes of Nevada, Page 812 (CHAPTER 334, AB 192)κ
the time prescribed in this section. The applicant shall submit a schedule for such compliance. The board may amend the schedule.
6. The board of fire safety shall issue its decision regarding a request for such a waiver within 30 days after the hearing on the application.
________
Assembly Bill No. 410Assemblyman Price
CHAPTER 335
AN ACT relating to vehicles; requiring the preparation and authorizing use of smaller license plates for small trailers; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.274 is hereby amended to read as follows:
482.274 1. The director shall order the preparation of vehicle license plates for trailers in the same manner provided for motor vehicles in NRS 482.270.
2. The director shall order preparation of two sizes of vehicle license plates for trailers. The smaller plates may be used for trailers with a gross vehicle weight of less than 1,000 pounds.
3. The registration numbers assigned to trailers : [, on or after July 1, 1975,]
(a) Which use the smaller plates must consist of one letter and four numbers.
(b) Which use the larger plates must consist of one letter and five numbers.
The position of the letter and numbers must be established for statewide use by the department.
[3.] 4. Any license plates issued for a trailer before July 1, 1975, bearing a different designation from that provided for in this section, are valid during the period for which such plates were issued.
Sec. 2. NRS 482.369 is hereby amended to read as follows:
482.369 In providing the distinguishing plates to be issued pursuant to NRS 482.368, the director shall:
1. Select combinations of letters and numbers which are not confusingly similar to the combinations prescribed by NRS 482.270, 482.2705 and 482.274.
2. Employ letters and numbers of the same size as are used on license plates issued pursuant to NRS 482.270 [,] and 482.2705 . [and 482.274.]
________
κ1983 Statutes of Nevada, Page 813κ
Assembly Bill No. 362Assemblyman Coffin
CHAPTER 336
AN ACT relating to registration of motor vehicles; authorizing special license plates for honorary foreign consuls; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. An owner of a motor vehicle who is a United States citizen or a citizen of a foreign country residing in this state and who holds from a foreign country a letter of appointment as an honorary consul may, upon signed application on a form prescribed and provided by the department, accompanied by:
(a) The fee charged for personalized prestige license plates in NRS 482.367 in addition to all other required registration fees and taxes; and
(b) A copy of the letter of appointment from that country,
be issued a set of license plates upon which is inscribed CONSULAR CORPS with three consecutive numbers.
2. Each person who is eligible for special license plates under this section may apply for one set of plates. The plates may be used only on a private passenger vehicle or a noncommercial truck having an unladen weight of 6,000 pounds or less.
3. When a person to whom special license plates have been issued pursuant to this section loses his status as an honorary consul, he shall surrender any special plates in his possession to the department and is entitled to receive regular Nevada license plates. Surrendered plates may be reissued or disposed of in a manner authorized by the regulations of the department.
4. The department may adopt regulations governing the issuance of special license plates to honorary consuls of foreign countries. The department shall include on the form for application a notice to the applicant that the issuance of such license plates does not confer any diplomatic immunity.
Sec. 2. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as provided in subsection 2, whenever upon application any duplicate or substitute certificate of registration or ownership, decal or number plate is issued, the following fees must be paid:
For a certificate of registration or ownership......................................... $5.00
For every substitute number plate.......................................................... 5.00
For every duplicate number plate............................................................ 10.00
For every decal displaying a county name............................................ .50
For every other decal (license plate sticker or tab)............................... 5.00
2. A fee of $5 must be paid for a duplicate plate of a special plate issued pursuant to NRS 482.3667, 482.3672, 482.375, 482.376 , [or] 482.380 [.]
κ1983 Statutes of Nevada, Page 814 (CHAPTER 336, AB 362)κ
issued pursuant to NRS 482.3667, 482.3672, 482.375, 482.376 , [or] 482.380 [.] or section 1 of this act. A fee must not be charged for a duplicate plate or plates issued under NRS 482.368, 482.370, 482.373 or 482.374.
3. The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.
________
Assembly Bill No. 189Assemblymen Stewart, Chaney, Nevin, Stone, Fay, Bogaert, Ham, Malone, Bilyeu, Banner, Joerg, Francis, Kerns, Nicholas, Jeffrey, Vergiels, Brady, Berkley, Perry, Collins, Sader, Dini, Thompson, Beyer, Thomas, Swain, Zimmer, DuBois and Schofield
CHAPTER 337
AN ACT relating to pornography; providing additional penalties and forfeiture for the involvement of minors therein; providing a penalty for the possession of pornographic material involving a minor; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 200 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in NRS 200.509 and sections 2 to 7, inclusive, of this act, unless the context otherwise provides:
1. Performance means any play, film, photograph, dance or other visual presentation.
2. Promote means to produce, direct, procure, manufacture, sell, give, lend, publish, distribute, exhibit, advertise or possess for the purpose of distribution.
3. Sexual conduct means sexual intercourse, lewd exhibition of the genitals, fellatio, cunnilingus, bestiality, anal intercourse, excretion, sado-masochistic abuse, masturbation, or the penetration of any part of a persons body or of any object manipulated or inserted by a person into the genital or anal opening of the body of another.
Sec. 3. A person who knowingly promotes a performance of a minor where he engages in or simulates, or assists others to engage in or simulate, sexual conduct shall be punished as provided in section 6 of this act.
Sec. 4. A person who knowingly and willfully has in his possession any film, photograph or other visual presentation depicting a minor engaging in or simulating, or assisting others to engage in or simulate, sexual conduct is guilty of a misdemeanor.
Sec. 5. For the purposes of NRS 200.509 and sections 3 and 4 of this act, to determine whether a person was a minor, the court or jury may:
κ1983 Statutes of Nevada, Page 815 (CHAPTER 337, AB 189)κ
1. Inspect the person in question;
2. View the performance;
3. Consider the opinion of a witness to the performance regarding the persons age;
4. Consider the opinion of a medical expert who viewed the performance; or
5. Use any other method authorized by the rules of evidence at common law.
Sec. 6. Each person punishable pursuant to NRS 200.509 or section 3 of this act shall be punished:
1. By imprisonment in the state prison for:
(a) Life, with the possibility of parole beginning when at least 5 years have been served; or
(b) Any definite term of at least 5 years, with eligibility for parole beginning when at least 5 years have been served; and
2. By a fine of not more than $100,000.
Sec. 7. 1. All assets derived from or relating to any violation of NRS 200.509 or section 3 or 4 of this act are subject to forfeiture upon the conviction of any person pursuant thereto. A proceeding for their forfeiture may be brought and maintained in any court where jurisdiction over the money or property to be forfeited can be obtained.
2. Any money recovered from a forfeiture of assets pursuant to subsection 1 must be deposited in the fund for the compensation of victims of crime to be used for the counseling and medical treatment of victims of crimes committed in violation of NRS 200.509 or section 3 or 4 of this act.
Sec. 8. NRS 200.509 is hereby amended to read as follows:
200.509 A person who knowingly uses, [promotes,] encourages, entices, or permits a minor to simulate or engage in or assist others to simulate or engage in [any performance of sexual intercourse, lewd exhibition of the genitals, fellatio, cunnilingus, bestiality, anal intercourse, excretion, sado-masochistic abuse, masturbation, or penetration of any part of a persons body or of any object manipulated or inserted by a person into a genital or anal opening of the body of another for the purpose of producing a performance, film, photograph or any other representation, is guilty of a felony and] sexual conduct to produce a performance shall be punished [by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.] as provided in section 6 of this act.
Sec. 8.5. NRS 193.010 is hereby amended to read as follows:
193.010 In construing the provisions of Title 16 of NRS, save when otherwise plainly declared or clearly apparent from the context, the following rules [shall] must be observed:
1. Boat [shall include] includes ships, steamers and other structures adapted to navigation or movement from place to place by water.
2. Bond [shall include] includes an undertaking.
κ1983 Statutes of Nevada, Page 816 (CHAPTER 337, AB 189)κ
3. Break, when used in connection with the crime of burglary, [shall include:] includes:
(a) Breaking or violently detaching any part, internal or external, of a building.
(b) Opening, for the purpose of entering therein, any outer door of a building or of any room, apartment or set of apartments therein separately used and occupied, or any window, shutter, scuttle or other thing used for covering or closing any opening thereto or therein, or which gives passage from one part thereof to another.
(c) Obtaining entrance into such building or apartment by any threat or artifice, used for that purpose, or by collusion with any person therein.
(d) Entering such building, room or apartment by or through any pipe, chimney or other opening, or by excavating or digging through or under a building or the walls or foundation thereof.
4. Building [shall include] includes every house, shed, boat, watercraft, railway car, tent or booth, whether completed or not, suitable for affording shelter for any human being, or as a place where any property is or shall be kept for use, sale or deposit.
5. Corrupt and corruptly [shall] import a wrongful desire to acquire or cause some pecuniary or other advantage to himself or another, by the person to whom applicable.
6. Daytime [shall include] includes the period between sunrise and sunset.
7. Dwelling house [shall include] includes every building or structure which [shall have] has been usually occupied by a person lodging therein at night, and whenever it [shall be] is so constructed as to consist of two or more parts or rooms occupied or intended to be occupied, whether permanently or temporarily, by different tenants separately by usually lodging therein at night, or for any other separate purpose, each part shall be deemed a separate dwelling house of the tenant occupying [the same.] it.
8. Enter, when constituting an element or part of a crime, [shall include] includes the entrance of the offender, or the insertion of any part of his body, or of any instrument or weapon held in his hand and used or intended to be used to threaten or intimidate a person, or to detach or remove property.
9. Indicted and indictment [shall] include informed against and information; and informed against and information [shall] include indicted and indictment.
10. Judge [shall include] includes every judicial officer authorized, alone or with others, to hold or preside over a court of record.
11. Jurors [shall] include a talesman, and extend to jurors in all courts, whether of record or not.
12. Knowingly imports a knowledge that the facts exist which constitute the act or omission of a crime, and does not require knowledge of its unlawfulness; knowledge of any particular fact may be inferred from the knowledge of such other facts as should put an ordinarily prudent man upon inquiry.
κ1983 Statutes of Nevada, Page 817 (CHAPTER 337, AB 189)κ
13. Malice and maliciously [shall] import an evil intent, wish or design to vex, annoy or injure another person. Malice may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty.
14. Neglect, negligence, negligent, and negligently [shall] import a want of such attention to the nature or probable consequences of an act or omission as an ordinarily prudent man usually exercises in his own business.
15. Nighttime [shall include] includes the period between sunset and sunrise.
16. Officer and public officer include all officers, members and employees of:
(a) The State of Nevada;
(b) Any political subdivision of this state;
(c) Any other special district, public corporation or quasi-public corporation of this state; and
(d) Any agency, board or commission established by this state or any of its political subdivisions,
and all persons exercising or assuming to exercise any of the powers or functions of a public officer.
17. Owner of any property includes any person who has a general or special property in the whole or any part thereof, or lawful possession thereof, either actual or constructive.
18. Person [shall include a corporation or joint-stock association;] includes a natural person, any form of business or social organization, and any other legal entity, and whenever it is used to designate a party whose property may be the subject of an offense it [shall also include the] also includes this state [,] or any other state, government or country which may lawfully own property within this state.
19. Personal property [shall include] includes dogs and all domestic animals and birds, water, gas and electricity, all kinds or descriptions of money, chattels and effects, all instruments or writings completed and ready to be delivered or issued by the maker, whether actually delivered or issued or not, by which any claim, privilege, right, obligation or authority, or any right or title to property, real or personal, is or purports to be, or upon the happening of some future event may be evidenced, created, acknowledged, transferred, increased, diminished, encumbered, defeated, discharged or affected, and every right and interest therein.
20. Prison [shall mean] means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest.
21. Prisoner [shall include] includes any person held in custody under process of law, or under lawful arrest.
22. Property [shall include] includes both real and personal property.
23. Railway or railroad [shall include] includes all railways, railroads and street railways, whether operated by steam, electricity or any other motive power.
κ1983 Statutes of Nevada, Page 818 (CHAPTER 337, AB 189)κ
railroads and street railways, whether operated by steam, electricity or any other motive power.
24. Real property [shall include] includes every estate, interest and right in lands, tenements and hereditaments, corporeal or incorporeal.
25. Signature [shall include] includes any memorandum, mark or sign made with intent to authenticate any instrument or writing, or the subscription of any person thereto.
26. Writing [shall include] includes printing.
Sec. 9. NRS 217.050 is hereby amended to read as follows:
217.050 Personal injury means [actual] :
1. Actual bodily harm or threat of bodily harm which results in a need for medical treatment [.] ; or
2. In the case of a minor who was involved in the production of pornography in violation of NRS 200.509 or section 3 or 4 of this act, any harm which results in a need for medical treatment or any psychological or psychiatric counseling, or both.
Sec. 10. NRS 217.070 is hereby amended to read as follows:
217.070 Victim means [a] :
1. A person who is physically injured or killed as the direct result of a criminal act [.] ; or
2. A minor who was involved in the production of pornography in violation of NRS 200.509 or section 3 or 4 of this act.
Sec. 11. NRS 217.200 is hereby amended to read as follows:
217.200 1. The hearing officer may order the payment of compensation and the award of a governors certificate for meritorious citizens service to a victim as defined in NRS 217.070 for:
(a) Medical expenses, and nonmedical remedial care and treatment rendered in accordance with a religious method of healing, actually and reasonably incurred as a result of the personal injury or death of the victim;
(b) Loss of earnings or support not to exceed $150 per week and reasonably incurred as a result of the total or partial incapacity of the victim;
(c) Pecuniary loss to the dependents of a deceased victim;
(d) Funeral expenses, not in excess of $1,000, which are actually and reasonably incurred as a result of the death of the victim; and
(e) Any other loss which results from the personal injury or death of the victim and which the hearing officer determines to be reasonable.
2. Any award of compensation may be made subject to such terms and conditions as the hearing officer considers necessary or advisable with respect to payment, disposition, allotment or apportionment of the award.
3. No award may be made for less than $100 or for more than $5,000 [.] except in the case of a minor who was involved in the production of pornography.
Sec. 12. NRS 217.220 is hereby amended to read as follows:
217.220 1. [Compensation] Except as otherwise provided in subsection 2, compensation must not be awarded if the victim:
(a) Is a relative of the offender;
κ1983 Statutes of Nevada, Page 819 (CHAPTER 337, AB 189)κ
(b) Was, at the time of the personal injury or death of the victim, living with the offender in a continuing relationship;
(c) Violated a penal law of this state, which caused or contributed to his injuries or death;
(d) Was injured or killed as a result of the operation of a motor vehicle, boat or airplane unless such vehicle, boat or airplane was used as a weapon in a deliberate attempt to harm the victim;
(e) Was not a resident of the State of Nevada at the time the incident upon which the claim is based occurred; or
(f) Was a coconspirator, codefendant or accomplice of the offender whose crime caused the victims injuries.
2. The provisions of subsection 1 do not apply to a minor who was involved in the production of pornography in violation of NRS 200.509 or section 3 or 4 of this act.
3. The hearing officer may deny an award if he determines that the claimant will not suffer serious financial hardship.
Sec. 13. NRS 217.260 is hereby amended to read as follows:
217.260 1. Money for payment of compensation as ordered by the board must be paid from the fund for the compensation of victims of crime, which is hereby created. Money in the fund must be disbursed on the order of the board in the same manner as other claims against the state are paid.
2. Money deposited in the fund which is recovered from a forfeiture of assets pursuant to section 7 of this act must be used for the counseling and medical treatment of minors who are involved in the production of pornography in violation of NRS 200.509 or section 3 or 4 of this act.
3. If on June 30 of any year the fund contains more than $250,000, excluding any money deposited which is recovered from a forfeiture of assets pursuant to section 7 of this act, the state treasurer shall distribute the excess to the counties in the same proportion that the money which each county paid to the fund bears to the amount paid to the fund by all counties. The distribution must be made on or before July 31, and the money must be deposited in the general fund of each county.
Sec. 14. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 820κ
Assembly Bill No. 527Committee on Labor and Management
CHAPTER 338
AN ACT relating to the department of industrial relations; directing the allowance of a credit against assessments for its support equal to an amount initially transferred from the state insurance fund; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The department of industrial relations shall allow, as a credit against assessments made pursuant to NRS 232.680 against the state industrial insurance system, the sum of $1,000,000 transferred from the state insurance fund pursuant to section 343 of chapter 642, Statutes of Nevada 1981. The interest must be computed from July 1, 1982, on the outstanding balance of the amount transferred until it is exhausted by credit against successive appropriations.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 277Assemblymen Dini, Thompson, Getto, Schofield, Nicholas, Chaney, Jeffrey and Bremner
CHAPTER 339
AN ACT relating to health and care facilities; providing certain rights to patients in those facilities; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. Every health and care facility must provide the services necessary to treat properly a patient in a particular case or must be able to arrange the transfer of the patient to another facility which can provide that care.
2. A patient may be transferred to another facility only if the patient has received an explanation of the need to transfer him and the alternatives available, unless his condition necessitates an immediate transfer to a facility for a higher level of care and he is unable to understand the explanation.
Sec. 3. Every patient of a health and care facility has the right to:
1. Receive information concerning any other health and care or educational facility associated with the facility at which he is a patient which relates to his care.
2. Obtain information concerning the professional qualifications or associations of the persons who are treating him.
κ1983 Statutes of Nevada, Page 821 (CHAPTER 339, AB 277)κ
3. Receive the name of the person responsible for coordinating his care in the facility.
4. Be advised if the facility in which he is a patient proposes to perform experiments on patients which affect his own care or treatment.
5. Receive from his physician a complete and current description of his diagnosis, plan for treatment and prognosis in terms which he is able to understand. If it is not medically advisable to give this information to the patient, the physician shall:
(a) Provide the information to an appropriate person responsible for the patient; and
(b) Inform that person that he shall not disclose the information to the patient.
6. Receive from his physician the information necessary for him to give his informed consent to a procedure or treatment. Except in an emergency, this information must not be limited to a specific procedure or treatment and must include:
(a) A description of the significant medical risks involved;
(b) Any information on alternatives to the treatment or procedure if he requests that information; and
(c) The name of the person responsible for the procedure or treatment.
7. Examine the bill for his care and receive an explanation of the bill, whether or not he is personally responsible for payment of the bill.
8. Know the facilitys regulations concerning his conduct at the facility.
Sec. 4. Every patient of a health and care facility has the right to:
1. Receive considerate and respectful care.
2. Refuse treatment to the extent permitted by law and to be informed of the consequences of that refusal.
3. Refuse to participate in any medical experiments conducted at the facility.
4. Retain his privacy concerning his program of medical care. Discussions of a patients care, consultations with other persons concerning the patient, examinations or treatments, and all communications and records concerning the patient are confidential. The patient must consent to the presence of any person who is not directly involved with his care during any examination, consultation or treatment.
5. Have any reasonable request for services reasonably satisfied by the facility considering its ability to do so.
6. Receive continuous care from the facility. The patient must be informed:
(a) Of his appointments for treatment and the names of the persons available at the facility for those treatments; and
(b) By his physician or an authorized representative of the physician, of his need for continuing care.
κ1983 Statutes of Nevada, Page 822 (CHAPTER 339, AB 277)κ
Sec. 5. Every health and care facility shall inform each patient or his legal representative, upon his admission to the facility, of the patients rights as listed in sections 2, 3 and 4 of this act.
________
Senate Bill No. 381Committee on Finance
CHAPTER 340
AN ACT relating to an appropriation from the state general fund to the legislative fund for the final payment on the purchase of a computer; and providing other matters properly relating thereto.
[Approved May 17, 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 $175,668 for the final payment on the Comarco and Rico installment contracts for the purchase of the computer for the legislative counsel bureau.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 407Committee on Transportation
CHAPTER 341
AN ACT relating to traffic; requiring slower drivers to drive to the extreme right-hand side or to use an alternate route; prohibiting stopping on a roadway unless it is necessary; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.373 is hereby amended to read as follows:
484.373 1. If any driver drives a motor vehicle at a speed so slow as to impede the forward movement of traffic proceeding immediately behind [such vehicle,] him, on any highway whereon a higher speed is lawful, unless reduced speed is necessary for safe operation or in compliance with law, the driver shall [, when the width of the highway permits, drive to the extreme right side of the highway until such impeded traffic has passed by.] :
(a) If the highway has one lane for traveling in each direction and the width of the paved portion permits, drive to the extreme right side of the highway;
(b) If the highway has two or more clearly marked lanes for traffic traveling in his direction, drive in the extreme right-hand lane except when necessary to pass other slowly moving vehicles; or
κ1983 Statutes of Nevada, Page 823 (CHAPTER 341, SB 407)κ
(c) If the highway is a controlled-access highway, use alternate routes whenever possible.
2. No person may bring a vehicle to a complete stop upon a roadway so as to impede or block the normal and reasonable movement of traffic unless the stop is necessary for safe operation or in compliance with law.
________
Assembly Bill No. 611Committee on Transportation
CHAPTER 342
AN ACT relating to motor vehicles; authorizing persons who transport handicapped persons to obtain special parking permits; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.384 is hereby amended to read as follows:
482.384 1. The department may issue special plates to any person who owns a motor vehicle, other than a commercial vehicle, and has a permanent physical handicap which impairs his mobility when not in a motor vehicle.
2. The department may issue a special parking permit to any person who:
(a) Owns or does not own a motor vehicle;
(b) Has a permanent physical handicap which impairs his driving ability and impairs his mobility when not in a motor vehicle; and
(c) Has need to be driven by another person to a destination in a motor vehicle [.] ,
or to any organization which provides transportation for such a person.
3. The department may make such regulations as are necessary to ascertain eligibility for such special parking permits and special plates.
4. Applications for special parking permits or special plates for physically handicapped persons [shall] must be made to the department on forms provided by the department which [shall] must require information necessary to determine the applicants eligibility for a permit or special plates for physically handicapped persons and [shall] must be accompanied by a certificate from a licensed physician describing the character and extent of the applicants disability [.] or the general nature of the disabilities of any persons for whom an organization will provide transportation.
5. Physically handicapped persons shall pay the regular motor vehicle registration fee as prescribed by this chapter. No additional fee may be charged for special parking permits or special plates.
6. [Only] Except as provided in this subsection, only one special parking permit or one set of special plates for physically handicapped persons may be issued to any eligible applicant in any one registration period.
κ1983 Statutes of Nevada, Page 824 (CHAPTER 342, AB 611)κ
parking permit or one set of special plates for physically handicapped persons may be issued to any eligible applicant in any one registration period. An organization which will provide transportation for others may obtain one permit for each person so engaged or vehicle to be used.
7. Each set of special plates for physically handicapped persons issued pursuant to this section [shall expire] expires at the end of the last registration month of the registration period for which it was issued.
8. Permits or special plates issued pursuant to this section do not authorize parking in any area on a highway where parking is prohibited by law.
9. Special plates issued pursuant to this section [shall] must be of a design determined by the department.
10. No person, other than the physically handicapped person or a person actually transporting the physically handicapped person, may use the special parking permit or special plates issued to such handicapped person for the purpose of obtaining the special parking privileges available under this section.
11. Any person who violates the provisions of subsection 10 is guilty of a misdemeanor.
________
Assembly Bill No. 375Committee on Commerce
CHAPTER 343
AN ACT relating to insurance; increasing the fees charged by the commissioner of insurance for issuing certificates and licenses and performing other services; setting a fee for the filing of an affidavit by the broker of a surplus line; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 680B.010 is hereby amended to read as follows:
680B.010 The commissioner shall collect in advance and receipt for, and persons so served [shall] must pay to the commissioner, fees [, licenses] and miscellaneous charges as follows:
1. Insurers certificate of authority:
(a) Filing initial application and making related examination............... $500
(b) Issuance [,] of certificate, and each annual continuation:
(1) For any one kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive [$100]............................................................................................................... 250
(2) For two or more kinds of insurance as so defined.................... [200] 500
[(b)] (c) Reinstatement pursuant to NRS 680A.180, 50 percent of the annual continuation fee otherwise required.
[(c)] (d) Registration of additional title pursuant to NRS 680A.240.... [25] 50
κ1983 Statutes of Nevada, Page 825 (CHAPTER 343, AB 375)κ
Annual renewal.............................................................................................. $25
2. Charter documents (other than those filed with application for certificate of authority). Filing amendments to articles of incorporation, charter, bylaws, power of attorney (as to reciprocal insurers), and other constituent documents of the insurer, each document..................................................................................................................... $10
3. Annual statement of insurer. For filing annual statement...................... $25
4. Services of process:
(a) Filing of power of attorney.......................................................................... $5
(b) Acceptance of service of process.............................................................. 5
5. Agents licenses, appointments and renewals:
(a) Resident agents and nonresident agents qualifying under subsection 3 of NRS 683A.340
(1) Application and license, if issued................................................ [$25] $45
(2) Appointment by each insurer............................................................... 5
(3) Triennial renewal of each license................................................... [30] 45
(4) Temporary license.............................................................................. [5] 10
(b) Other nonresident agents:
(1) Application and license, if issued.................................................. [50] 105
(2) Appointment by each insurer............................................................... 25
(3) Triennial renewal of each license................................................... [75] 105
6. Brokers licenses and renewals:
(a) Resident brokers and nonresident brokers qualifying under subsection 4 of NRS 683A.340:
(1) Application and license, if issued................................................ [$50] $45
(2) Triennial renewal of each license................................................... [30] 45
(b) Other nonresident brokers:
(1) Application and license, if issued................................................ [100] 225
(2) Triennial renewal of each license.......................................................... 225
(c) Surplus lines brokers:
(1) Application and license, if issued.................................................. [15] 45
(2) Triennial renewal of each license................................................... [30] 45
7. Solicitors licenses, appointments and renewals:
(a) Application and license, if issued...................................................... [$15] $45
(b) Triennial renewal of each license......................................................... [30] 45
(c) Initial appointment........................................................................................ 5
8. Managing general agents licenses, appointments and renewals:
(a) Application and license, if issued...................................................... [$15] $45
(b) Initial appointment, each insurer................................................................ 5
(c) Triennial renewal of each license......................................................... [30] 45
9. Adjusters licenses and renewals:
(a) Independent and public adjusters:
(1) Application and license, if issued................................................ [$15] $45
(2) Triennial renewal of each license................................................... [30] 45
(b) Associate adjusters:
(1) Application and license, if issued.................................................. [15] 45
(2) Initial appointment.................................................................................. 5
κ1983 Statutes of Nevada, Page 826 (CHAPTER 343, AB 375)κ
(3) Triennial renewal of each license................................................. [$30] 45
10. Licenses and renewals for appraisers of physical damage to motor vehicles:
(a) Application and license, if issued...................................................... [$15] $45
(b) Triennial renewal of each license......................................................... [30] 45
11. Additional title and property insurers pursuant to NRS 680A.240:
(a) Original registration...................................................................................... $25
(b) Annual renewal............................................................................................. 25
12. Insurance vending machines:
(a) Application and license, if issued, for each machine...................... [$15] $45
(b) Triennial renewal of each license......................................................... [30] 45
13. Permit for solicitation for securities:
(a) Application for permit................................................................................... $100
(b) Extension of permit....................................................................................... 50
14. Securities salesmen for domestic insurers:
(a) Application and license, if issued............................................................... $25
(b) Annual renewal of license........................................................................... 15
15. Rating organizations:
(a) Application and license, if issued............................................................... $100
(b) Annual renewal............................................................................................. 100
16. Certificates and renewals for administrators of life and health insurance:
(a) Application and certificate of registration, if issued....................... [$50] $45
(b) Triennial renewal.................................................................................... [25] 45
17. For copies of the insurance laws of Nevada, a fee which is not less than the cost of producing the copies.
18. Certified copies of certificates of authority and licenses issued pursuant to the insurance code............................................................................................................ $10
19. For copies and amendments of documents on file in the division, a reasonable charge fixed by the commissioner, including charges for duplicating or amending the forms and for certifying the copies and affixing the official seal.
20. Letter of clearance for an agent or broker............................................... $5
21. Certificate of status as a licensed agent or broker................................. $5
22. Licenses, appointments and renewals for bail agents:
(a) Application and license, if issued...................................................... [$15] $45
(b) Initial appointment by each surety insurer............................................... 5
(c) Triennial renewal of each license......................................................... [30] 45
23. Licenses and renewals for property bondsmen:
(a) Application and license, if issued...................................................... [$15] $45
(b) Triennial renewal of each license......................................................... [30] 45
24. Licenses, appointments and renewals for general bail agents:
(a) Application and license, if issued...................................................... [$15] $45
(b) Initial appointment by each insurer............................................................ 5
(c) Triennial renewal of each license......................................................... [30] 45
κ1983 Statutes of Nevada, Page 827 (CHAPTER 343, AB 375)κ
25. Licenses and renewals for bail solicitors:
(a) Application and license, if issued...................................................... [$15] $45
(b) Triennial renewal of each license......................................................... [30] 45
26. Licenses and renewals for title insurance agents:
(a) Application and license, if issued...................................................... [$15] $45
(b) Triennial renewal of each license......................................................... [30] 45
27. Certificate of authority for a funeral service, for issuance and each annual renewal $25
28. Licenses and renewals for agents for prepaid funeral contracts:
(a) Application and license, if issued...................................................... [$15] $45
(b) Triennial renewal of each license......................................................... [30] 45
29. Licenses, appointments and renewals for agents for fraternal benefit societies:
(a) Application and license, if issued...................................................... [$25] $45
(b) Appointment.................................................................................................. 5
(c) Triennial renewal of each license......................................................... [30] 45
30. Surplus lines:
(a) Filing of affidavit pursuant to NRS 685A.050....................................... $25
(b) Filing of memorandum pursuant to NRS 685A.060.............................. 25
(c) Filing of amendment to the memorandum when additional premium is reported 10
31. Required filing of forms:
(a) For rates and policies................................................................................. $25
(b) For riders and endorsements..................................................................... 10
Sec. 2. NRS 685A.180 is hereby amended to read as follows:
685A.180 1. On or before March 1 of each year each broker shall pay to the commissioner [, or as provided in paragraph (c) of subsection 1 of NRS 685A.210 (brokers association),] a tax on surplus lines coverages written by him in unauthorized insurers during the preceding calendar year at the same rate of tax as imposed by law on the premiums of like coverages written by authorized insurers.
2. For the purposes of [the Surplus Lines Law] this section, the premium on surplus lines coverages [shall include] includes only the gross amount charged by the insurer for the insurance, and [shall] does not include any additional amount charged for state or federal tax, an examination fee or the expense of the broker.
3. If a contract for surplus lines insurance [contract] covers risks or exposures only partially in this state, the tax so payable [shall] must be computed on that portion of the premium properly allocable to the risks or exposures located in this state.
4. The commissioner shall promptly deposit all such taxes collected by him with the state treasurer, to the credit of the general fund.
________
κ1983 Statutes of Nevada, Page 828κ
Senate Bill No. 335Senator Glover
CHAPTER 344
AN ACT relating to gambling; making gaming debts collectible by licensed gaming establishments; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Credit instrument means a writing which evidences a gaming debt owed to a person who holds a nonrestricted license at the time the debt is created, and includes any writing taken in consolidation, redemption or payment of a prior credit instrument.
Sec. 3. 1. A credit instrument accepted on or after June 1, 1983, is valid and may be enforced by legal process.
2. A licensee or a person acting on the licensees behalf may accept an incomplete credit instrument which:
(a) Is signed by a patron;
(b) Is dated; and
(c) States the amount of the debt in figures,
and may complete the instrument as is necessary for the instrument to be presented for payment.
3. No licensee or person acting on behalf of a licensee may accept a credit instrument that is dated later than the date of its execution or is incomplete and cannot lawfully be completed to comply with the requirements of NRS 104.3104 relating to a check.
4. Except as otherwise provided in subsections 5 and 6, a credit instrument must be presented to a bank for collection or payment:
(a) Within 45 calendar days after it was accepted, if it is for an amount of not more than $5,000.
(b) Within 90 calendar days after it was accepted, if it is for an amount of more than $5,000 but not more than $50,000.
(c) Within 120 calendar days after it was accepted if it is for an amount of more than $50,000.
5. Except as otherwise provided in subsection 7, a credit instrument accepted on or after June 1, 1983, may be redeemed in whole or in part by gaming tokens, cash or another credit instrument if the redemption is applied to the most recent credit instrument issued to the patron by the licensee.
6. Except as otherwise provided in subsection 5 and this subsection, a credit instrument issued in redemption of another instrument must be presented within the time limited for the oldest instrument redeemed. If the instrument is for an amount of:
(a) More than $5,000 but not more than $50,000, it must be presented within 90 days after the date of the oldest instrument redeemed.
(b) More than $50,000, it must be presented within 120 days after the date of the oldest instrument redeemed.
κ1983 Statutes of Nevada, Page 829 (CHAPTER 344, SB 335)κ
7. No licensee may permit a credit instrument accepted on or after June 1, 1983, to be redeemed by a patron pursuant to subsection 5 if the licensee holds a credit instrument accepted from that patron before June 1, 1983, which has not been paid.
8. Failure to present a credit instrument pursuant to subsections 4 and 6 does not affect the validity or enforceability of that instrument.
9. This section does not prohibit the establishment of an account by a deposit of cash, recognized travelers check, or any other instrument which is equivalent to cash.
10. Any person who violates the provisions of this section is subject only to the penalties provided in NRS 463.310 to 463.315, inclusive.
Sec. 4. NRS 463.371 is hereby amended to read as follows:
463.371 1. For the purposes of this chapter, except as provided in subsection 3, the computation of gross revenue must include the face value of any credit instrument accepted on or after July 1, 1981, if, within 5 years after the last day of the month following the calendar quarter within which the [credit] instrument was accepted by the licensee, the board determines that:
(a) The [credit] instrument was not signed by the patron or otherwise acknowledged by him in a written form satisfactory to the board;
(b) The licensee did not have an address for the patron at the time of accepting the [credit] instrument, or, in lieu of that address, has not provided the board, within a reasonable time after its request, the current address of the patron to whom the credit was extended;
(c) The licensee has not provided the board any evidence that the licensee made a reasonable effort to collect the debt;
(d) The licensee has not provided the board any evidence that the licensee checked the credit history of the patron before extending the credit to him;
(e) The licensee has not produced the [credit] instrument within a reasonable time after the request by the board for the instrument unless it:
(1) Is in the possession of a court, governmental agency or financial institution;
(2) Has been returned to the patron upon his partial payment of the instrument;
(3) Has been stolen and the licensee has made a written report of the theft to the appropriate law enforcement agency; or
(4) Cannot be produced because of any other circumstance which is beyond the licensees control;
(f) The signature of the patron on the [credit] instrument was forged and the licensee has not made a written report of the forgery to the appropriate law enforcement agency; or
(g) Upon an audit by the board, the licensee requested the auditors not to confirm the unpaid balance of the debt with the patron and there is no other satisfactory means of confirmation.
2. For the purposes of this chapter, the computation of gross revenue must not include cash or its equivalent which is received in full or partial payment of a debt previously included in the computation of gross revenue pursuant to subsection 1.
κ1983 Statutes of Nevada, Page 830 (CHAPTER 344, SB 335)κ
partial payment of a debt previously included in the computation of gross revenue pursuant to subsection 1.
3. Subsection 1 does not apply to any credit instrument which is settled for less than its face amount [for the purpose of:
(a) Inducing] to:
(a) Induce a partial payment;
(b) [Compromising] Compromise a dispute; or
(c) [Retaining] Retain a patrons business for the future.
[4. For the purposes of this section, credit instrument means an instrument which evidences credit granted by a licensee to a patron for the purposes of gaming. The term includes an instrument sometimes referred to as a marker or hold check and an instrument taken in consolidation, redemption or payment of another credit instrument.]
Sec. 5. The provisions of this act do not affect any credit instrument which was accepted before the effective date of this act or any right or controversy arising from such a transaction or acceptance.
Sec. 6. This act shall become effective upon passage and approval.
________
Assembly Bill No. 554Committee on Commerce
CHAPTER 345
AN ACT relating to nurses; providing additional grounds for disciplinary action; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 632.220 is hereby amended to read as follows:
632.220 The board has the power to deny, revoke or suspend any license to practice nursing as a professional nurse applied for or issued under this chapter or otherwise to discipline a licensee upon proof that he:
1. Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing as a professional nurse.
2. Is guilty of a felony or any offense involving moral turpitude, in which case the record of conviction is conclusive evidence thereof.
3. Is unfit or incompetent by reason of gross negligence in carrying out usual nursing functions.
4. Is habitually intemperate or is addicted to the use of any controlled substance as defined in chapter 453 of NRS.
5. Is mentally incompetent.
6. Is guilty of unprofessional conduct, which includes but is not limited to the following:
(a) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.
κ1983 Statutes of Nevada, Page 831 (CHAPTER 345, AB 554)κ
(b) Procuring, or aiding, abetting, attempting, agreeing, or offering to procure or assist at, a criminal abortion.
(c) Impersonating any applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a license.
(d) Impersonating another licensed practitioner.
(e) Permitting or allowing another person to use his certificate for the purpose of nursing the sick or afflicted.
(f) Repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
7. Has willfully or repeatedly violated the provisions of this chapter.
8. Is guilty of aiding or abetting anyone in a violation of this chapter.
9. Has falsified an entry on a patients medical chart concerning a controlled substance.
10. Has falsified information which was given to a physician, pharmacist or dentist to obtain a controlled substance.
Sec. 2. NRS 632.320 is hereby amended to read as follows:
632.320 The board may deny, revoke or suspend any license to practice nursing as a practical nurse applied for or issued under this chapter, or otherwise to discipline a licensee upon proof that he:
1. Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing as a practical nurse.
2. Is guilty of a felony or any offense involving moral turpitude, in which case the record of conviction is conclusive evidence thereof.
3. Is unfit or incompetent by reason of gross negligence in carrying out usual nursing functions.
4. Is habitually intemperate or is addicted to the use of any controlled substance as defined in chapter 453 of NRS.
5. Is mentally incompetent.
6. Is guilty of unprofessional conduct, which includes but is not limited to the following:
(a) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.
(b) Procuring, or aiding, abetting, attempting, agreeing, or offering to procure or assist at, a criminal abortion.
(c) Impersonating any applicant or acting as proxy for an applicant in any examination required under this chapter for the issuance of a license.
(d) Impersonating another licensed practitioner.
(e) Permitting or allowing another person to use his certificate for the purpose of nursing the sick or afflicted.
(f) Repeated malpractice, which may be evidenced by claims of malpractice settled against him.
7. Has willfully or repeatedly violated the provisions of this chapter.
κ1983 Statutes of Nevada, Page 832 (CHAPTER 345, AB 554)κ
8. Is guilty of aiding or abetting anyone in a violation of this chapter.
9. Has falsified an entry on a patients medical chart concerning a controlled substance.
10. Has falsified information which was given to a physician, pharmacist or dentist to obtain a controlled substance.
________
Senate Bill No. 428Committee on Finance
CHAPTER 346
AN ACT relating to the health division; separating the administrative duties from those relating to health; authorizing the director to appoint an administrator for the division; establishing the administrators duties; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 439.005 is hereby amended to read as follows:
439.005 As used in this chapter, unless the context requires otherwise:
1. Administrator means the administrator of the health division.
2. Department means the department of human resources.
[2.] 3. Director means the director of the department of human resources.
[3.] 4. Health authority means the officers and agents of the health division or the officers and agents of the local boards of health.
[4.] 5. Health division means the health division of the department of human resources.
Sec. 2. NRS 439.010 is hereby amended to read as follows:
439.010 The provisions of this chapter [shall] must be administered by the [state health officer] administrator and the health division of the department of human resources, subject to administrative supervision by the director.
Sec. 3. NRS 439.060 is hereby amended to read as follows:
439.060 1. The state board of health shall meet at least once every 6 months.
2. The state board of health shall hold such special meetings as may be called by the chairman. A special meeting must be called whenever requested by the state health officer , the administrator or by two members of the board.
3. Four members constitute a quorum, but a concurrence of at least a majority of the members of the board is required on all questions.
Sec. 4. NRS 439.070 is hereby amended to read as follows:
439.070 The [state health officer shall be] administrator is the executive officer of the state board of health and he shall act as secretary of the board. He shall not be a member of the board.
κ1983 Statutes of Nevada, Page 833 (CHAPTER 346, SB 428)κ
Sec. 5. NRS 439.090 is hereby amended to read as follows:
439.090 1. The state health officer must:
[1.] (a) Be a citizen of the United States.
[2.] (b) Be certified, or eligible for certification, by the American Board of Preventive Medicine.
[3.] (c) Be licensed, or eligible for licensure, as a doctor of medicine to practice in Nevada.
[4. Have] 2. The administrator must have had 2 years experience, or the equivalent, [as the administrator of:] in a responsible administrative position in:
(a) A full-time county or city health facility or department; or
(b) A major health program at a state or national level.
Sec. 6. NRS 439.130 is hereby amended to read as follows:
439.130 1. The state health officer shall:
[1.] (a) Enforce all laws and regulations pertaining to the public health.
[2.] (b) Investigate causes of disease, epidemics, source of mortality, nuisances affecting the public health, and all other matters related to the health and life of the people, and to this end he may enter upon and inspect any public or private property in the state.
[3.] (c) Direct the work of subordinates and may authorize them to act in his place and stead.
[4.] (d) Perform such other duties as the director may, from time to time, prescribe.
2. The administrator shall direct the work of the health division, administer the division and perform such other duties as the director may, from time to time, prescribe.
Sec. 7. NRS 439.135 is hereby amended to read as follows:
439.135 As provided in chapter 585 of NRS, the [state health officer] administrator shall designate and appoint, for the enforcement of chapter 585 of NRS, a commissioner and such other agent or agents as he may deem necessary.
Sec. 8. NRS 439.140 is hereby amended to read as follows:
439.140 1. Subject to the provisions of chapter 284 of NRS and with the approval of the director, the [state health officer] administrator shall appoint and may remove subordinate officers and employees of the health division.
2. For the purpose of insuring the impartial selection of personnel on the basis of merit, the [health division is authorized to] administrator may fill all positions in the health division, with the exception of the positions of state health officer and professional persons employed for part-time duties, from the classified service of the state as provided in chapter 284 of NRS.
Sec. 9. NRS 439.180 is hereby amended to read as follows:
439.180 The [state health officer] administrator shall make a biennial report to the director, setting forth the condition of public health in the state and making such recommendations for legislation, appropriations and other matters as are deemed necessary or desirable.
Sec. 10. NRS 439.240 is hereby amended to read as follows:
439.240 1. The health division shall maintain the state hygienic laboratory, heretofore established pursuant to the provisions of chapter 230, Statutes of Nevada 1909, and may establish and maintain such branch laboratories as may be necessary.
κ1983 Statutes of Nevada, Page 834 (CHAPTER 346, SB 428)κ
laboratory, heretofore established pursuant to the provisions of chapter 230, Statutes of Nevada 1909, and may establish and maintain such branch laboratories as may be necessary.
2. The purpose of the state hygienic laboratory [shall be:] is:
(a) To make available, at such charges as may be determined upon, to health officials and licensed physicians of the state proper laboratory facilities for the prompt diagnosis of communicable diseases.
(b) To make necessary examinations and analyses of water, natural ice, sewage, milk, food, and clinical material.
(c) To conduct research into the nature, cause, diagnosis and control of diseases.
(d) To undertake such other technical and laboratory duties as the state board of health may direct in the interests of the public health.
3. The person in charge of the state hygienic laboratory shall be a skilled bacteriologist, and shall have such technical assistants as may be appointed by the [state health officer] administrator with the approval of the director.
4. Reports of investigations conducted at the state hygienic laboratory may be published from time to time in bulletins and circulars, in the discretion of the state board of health.
Sec. 11. NRS 440.110 is hereby amended to read as follows:
440.110 The [state health officer shall be] administrator of the health division is the state registrar of vital statistics.
Sec. 12. NRS 442.160 is hereby amended to read as follows:
442.160 1. The [state health officer] administrator of the health division is the administrative officer of the health division with respect to the administration and enforcement of the provisions of NRS 442.130 to 442.170, inclusive, and of the plan or plans formulated and adopted for the purposes of NRS 442.130 to 442.170, inclusive, and all regulations necessary thereto and adopted by the state board of health.
2. The [state health officer] administrator shall administer and enforce all regulations adopted by the state board of health for the efficient operations of the plan or plans formulated by the state board of health and the health division for the purposes of NRS 442.130 to 442.170, inclusive.
3. The [state health officer] administrator shall maintain his office in Carson City, Nevada, or elsewhere in the state as directed by the director, and keep therein all records, reports, papers, books and documents pertaining to the subjects of NRS 442.130 to 442.170, inclusive, and, when directed so to do by the terms of the plan or plans perfected, or by the director, he shall provide in such places within the state such medical, surgical or other agency or agencies as may be necessary to carry out the provisions of such plan or plans and of NRS 442.130 to 442.170, inclusive.
4. The administrator with the assistance of the state health officer shall, from time to time as directed by the Secretary of Health and Human Services, make such reports, in such form and containing such information concerning the subjects of NRS 442.130 to 442.170, inclusive, as the Secretary of Health and Human Services requires.
κ1983 Statutes of Nevada, Page 835 (CHAPTER 346, SB 428)κ
5. The [state health officer] administrator shall from time to time, pursuant to the rules and regulations of the Secretary of Health and Human Services and of the Secretary of the Treasury, requisition and cause to be deposited with the state treasurer all money allotted to this state by the Federal Government for the purposes of NRS 442.130 to 442.170, inclusive, and the [state health officer] administrator shall cause to be paid out of the state treasury the money therein deposited for the purposes of NRS 442.130 to 442.170, inclusive.
Sec. 13. NRS 442.170 is hereby amended to read as follows:
442.170 1. The state treasurer is [hereby made] custodian of all 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 division shall deposit the money in the state treasury for credit to the account for maternal and child health services.
3. All claims and demands against the account must be paid only upon the [state health officer] administrators certifying [such] the 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.] them.
Sec. 14. NRS 442.210 is hereby amended to read as follows:
442.210 1. The [state health officer is the administrative officer of the health division with respect to the administration and enforcement of] administrator of the health division shall administer and enforce the provisions of NRS 442.180 to 442.220, inclusive, and of the plan or plans formulated and adopted for the purposes of NRS 442.180 to 442.220, inclusive, and all regulations necessary thereto and adopted by the state board of health.
2. The [state health officer] administrator shall administer and enforce all regulations adopted by the state board of health for the efficient operation of such plan or plans formulated by the state board of health and the health division for the purposes of NRS 442.180 to 442.220, inclusive.
3. The [state health officer] administrator shall maintain his office in Carson City, Nevada, or elsewhere in the state as directed by the director, and keep therein all records, reports, papers, books and documents pertaining to the subjects of NRS 442.180 to 442.220, inclusive, and, when directed so to do by the terms of any plan or plans perfected, or by the director, he shall provide in such places within the state such medical, surgical or other agency or agencies as may be necessary to carry out the provisions of such plan or plans and of NRS 442.180 to 442.220, inclusive; but when the proper medical or surgical services cannot be had within the state for any crippled child the secretary of the state board of health may provide for [such] those services in some other state.
4. The [state health officer] administrator shall, from time to time as directed by the Secretary of Health and Human Services, make [such] reports, in such form and containing such information concerning the subjects of NRS 442.180 to 442.220, inclusive, as the Secretary of Health and Human Services requires.
κ1983 Statutes of Nevada, Page 836 (CHAPTER 346, SB 428)κ
[such] reports, in such form and containing such information concerning the subjects of NRS 442.180 to 442.220, inclusive, as the Secretary of Health and Human Services requires.
5. The [state health officer] administrator shall from time to time, pursuant to the rules and regulations of the Secretary of Health and Human Services and of the Secretary of the Treasury, requisition and cause to be deposited with the state treasurer all money allotted to this state by the Federal Government for the purposes of NRS 442.180 to 442.220, inclusive, and the [state health officer] administrator shall cause to be paid out of the state treasury the money therein deposited for the purposes of NRS 442.180 to 442.220, inclusive.
Sec. 15. NRS 442.215 is hereby amended to read as follows:
442.215 1. The [state health officer] administrator of the health division may recover costs of corrective treatment for crippled children from the parents of the child who receives the treatment, pursuant to subsections 2 and 3.
2. The [state health officer] administrator shall investigate the financial circumstances of a parent of a crippled child for whom an application is made to determine whether part or all of the expenses for treatment should be paid for by such parent.
3. The [state health officer] administrator may authorize corrective treatment for a crippled child at state expense when it is determined that the parent of the child is unable to pay the cost of this treatment or any part thereof. A determination of ability to pay and eligibility for payment at state expense [shall] must be based on the following factors:
(a) Resources of the parent, including hospital and medical insurance;
(b) Other available sources of payment, including state aid for medically indigent families;
(c) Estimated cost of care;
(d) Length of treatment;
(e) Household size in relation to income; and
(f) Debts and obligations.
4. As used in this section, parent means a natural parent or an adoptive parent.
Sec. 16. NRS 442.220 is hereby amended to read as follows:
442.220 1. The state treasurer is [hereby made] custodian of all 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 division shall deposit the money in the state treasury for credit to the account for crippled children.
3. All claims and demands against the account must be paid only upon the [state health officer] administrators certifying [such] the 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.] them.
κ1983 Statutes of Nevada, Page 837 (CHAPTER 346, SB 428)κ
Sec. 17. NRS 445.383 is hereby amended to read as follows:
445.383 To carry out the provisions and purposes of NRS 445.361 to 445.399, inclusive, the state board of health may:
1. Through the state health officer and the administrator of the health division:
(a) Enter into agreements, contracts or cooperative arrangements with other state agencies, federal or interstate agencies, municipalities, local health departments, educational institutions or other organizations or persons.
(b) Accept financial and technical assistance from the Federal Government, other public agencies or private contributors.
2. Hold hearings and issue subpenas requiring the attendance of witnesses and the production of evidence.
Sec. 18. NRS 459.310 is hereby amended to read as follows:
459.310 1. The state board of health may establish by regulation:
(a) Fees for licensing, monitoring, inspecting or otherwise regulating mills or other operations for the concentration, recovery or refining of uranium, which must be in amounts which are reasonably related to the cost of licensing, monitoring, inspecting and regulating. Payment of the fees is the responsibility of the person applying for a license or licenses to engage in uranium concentration, recovery or refining.
(b) Fees for the care and maintenance of radioactive tailings and residues at inactive uranium concentration, recovery or refining sites. The fees must be based on a unit fee for each pound of uranium oxide produced in the process which also produced the tailings or residue. Payment of the fees is the responsibility of the person licensed to engage in uranium concentration, recovery or refining. The regulations must provide for a maximum amount to be paid for each operation.
(c) A requirement for persons licensed by the state to engage in uranium concentration, recovery or refining to post adequate bonds or other security to cover costs of decontaminating, decommissioning and reclaiming the sites used for concentrating, recovering or refining uranium if the licensee abandons the site or neglects or refuses to satisfy the requirements of the state. The state board of health shall determine the amount of the security. The amount of the security may be reviewed by the board from time to time and may be increased or decreased as the board deems appropriate. The security must be administered by the [state health officer] administrator of the health division, who shall use the security as required to protect the public health, safety and property.
2. The money received pursuant to paragraph (a) of subsection 1 must be deposited in the state treasury for credit to the fund for licensing of uranium mills, which is hereby created as a special revenue fund, for the purpose of defraying the cost of licensing, monitoring, inspecting or otherwise regulating mills or other operations for the concentration, recovery or refining of uranium. The money received pursuant to paragraph (b) of subsection 1 must be deposited in the state treasury for credit to the fund for care of uranium tailings, which is hereby created as a special revenue fund, for the purpose of the care and maintenance of radioactive tailings and residues accumulated at inactive uranium concentration, recovery or refining sites to protect the public health, safety and property.
κ1983 Statutes of Nevada, Page 838 (CHAPTER 346, SB 428)κ
and maintenance of radioactive tailings and residues accumulated at inactive uranium concentration, recovery or refining sites to protect the public health, safety and property. All interest earned on the deposit or investment of the money in the fund for care of uranium tailings must be credited to that fund. The [state health officer] administrator of the health division shall administer both funds. Claims against either fund, approved by the state health officer, must be paid as other claims against the state are paid.
Sec. 19. NRS 232.320 is hereby amended to read as follows:
232.320 The director:
1. Shall appoint, with the consent of the governor, chiefs of the divisions of the department, who are respectively designated as follows:
(a) The administrator of the aging services division;
(b) The [state health officer] administrator of the health division;
(c) The administrator of the mental hygiene and mental retardation division;
(d) The administrator of the rehabilitation division;
(e) The state welfare administrator; and
(f) The administrator of the youth services division.
2. Is responsible for the administration, through the divisions of the department, of the provisions of chapters 210, 422 to 427A, inclusive, and 431 to 436, inclusive, 439 to 443, inclusive, 446, 447, 449, 450, 458 and 615 of NRS, NRS 444.003 to 444.430, inclusive, 445.015 to 445.038, inclusive, and all other provisions of law relating to the functions of the divisions of the department, but is not responsible for the clinical activities of the health division or the professional line activities of the other divisions.
3. Has such other powers and duties as are provided by law.
Sec. 20. Sections 13 and 16 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
Assembly Bill No. 599Committee on Commerce
CHAPTER 347
AN ACT relating to vehicle dealers; adding the sale of new motorcycles to provisions concerning franchises; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.043 is hereby amended to read as follows:
482.043 Franchise means a written agreement between a manufacturer or distributor and a dealer by which:
1. A commercial relationship of definite duration or continuing indefinite duration is established.
2. The dealer is granted the right to offer and sell at retail new motor vehicles, other than [motorcycles,] mopeds, farm tractors or special mobile equipment.
κ1983 Statutes of Nevada, Page 839 (CHAPTER 347, AB 599)κ
motor vehicles, other than [motorcycles,] mopeds, farm tractors or special mobile equipment.
3. The dealer constitutes a component of a distribution system for new motor vehicles.
4. The operation of the dealers business is substantially associated with the trade-mark, trade name, advertising or other commercial symbol designating a manufacturer or distributor.
5. The operation of a portion of the dealers business is substantially reliant on the manufacturer or distributor for a continued supply of new motor vehicles, parts and accessories.
________
Assembly Bill No. 503Committee on Government Affairs
CHAPTER 348
AN ACT relating to judicial retirement; authorizing justices of the supreme court and district judges to retire before they reach the required age; reducing the benefits of a judge or justice who so retires; reducing the number of years of service a judge or justice must have to continue accruing credit after being recalled from retirement; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 2.060 is hereby amended to read as follows:
2.060 1. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 20 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to two-thirds the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
2. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 10 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to one-fourth the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
3. Any justice of the supreme court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 10 years up to a maximum of 20 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.
4. Any justice who has retired pursuant to subsection 3 [after 16 years or more but less than 20 years of service] and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 20 years service for the maximum pension based upon the time he actually spends in the additional active service.
κ1983 Statutes of Nevada, Page 840 (CHAPTER 348, AB 503)κ
receive credit toward accumulating 20 years service for the maximum pension based upon the time he actually spends in the additional active service.
5. Any justice who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the public employees retirement system.
6. Any person receiving a pension pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired under the public employees retirement system.
[6.] 7. Any justice who desires to resign pursuant to the terms of this section must do so by notice in writing to the governor, and must file forthwith with the state controller and the state treasurer an affidavit setting forth the fact of his resignation, the date and place of his birth, and the years he has served in [either or both of the courts above mentioned.] any district court or the supreme court.
[7.] 8. Upon such a registration and filing of the affidavit, the state controller shall draw his warrant, payable to the justice who has thus resigned, upon the state treasurer for the sum due to him, and the state treasurer shall pay the sum out of funds provided by direct legislative appropriation.
[8.] 9. The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have resigned pursuant [hereto.] to it.
Sec. 2. NRS 3.090 is hereby amended to read as follows:
3.090 1. Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 20 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to two-thirds the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
2. Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 10 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to one-fourth the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
3. Any judge of the district court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 10 years up to a maximum of 20 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.
κ1983 Statutes of Nevada, Page 841 (CHAPTER 348, AB 503)κ
4. Any judge who has retired pursuant to subsection 3 [after 16 years or more but less than 20 years of service] and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 20 years service for the maximum pension based upon the time he actually spends in the additional active service.
5. Any district judge who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A retirement benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the public employees retirement system.
6. Any person receiving a pension pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired in the public employees retirement system.
[6.] 7. Any judge of the district court who desires to resign pursuant to the terms of this section must do so by notice in writing to the governor, and must file forthwith with the state controller and the state treasurer an affidavit setting forth the fact of his resignation, the date and place of his birth, and the years he has served in [either or both of the courts above mentioned.] any district court or the supreme court.
[7.] 8. Upon such a resignation and filing of the affidavit, the state controller shall draw his warrant, payable to the judge who has thus resigned, upon the state treasurer for the sum due to him, and the state treasurer shall pay the sum out of funds provided by direct legislative appropriation.
[8.] 9. The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any judge of the district court who may have resigned pursuant [hereto.] to it.
________
Assembly Bill No. 571Committee on Labor and Management
CHAPTER 349
AN ACT relating to industrial insurance; adding chiropractors and psychiatrists to the medical panels and the medical boards; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.190 is hereby amended to read as follows:
616.190 1. The administrator shall annually request the Nevada State Medical Association and the Chiropractic Association of Nevada, respectively, to select and establish two panels . [, each composed of nine physicians.]
κ1983 Statutes of Nevada, Page 842 (CHAPTER 349, AB 571)κ
nine physicians.] The members of each panel must include two orthopedic surgeons, two neurosurgeons, two surgeons whose practice is not limited to any specialty, two psychiatrists, an internist, a family practitioner , [and] another physician and two chiropractors who are in good professional standing and who have displayed an active interest in the advancement of their profession. If the Nevada State Medical Association or the Chiropractic Association of Nevada is dissolved, the administrator and the commissioner shall jointly [establish the panels] appoint the members from that profession after consulting the state health officer. When an injured employee is referred to the panel, the [administrator or the self-insured employer,] chairman of the panel, after reviewing all pertinent medical records, shall select two members of the panel whose specialties are related most directly to the problem presented, and a third member from the remaining panel members. The three [physicians] members selected are the medical review board for that case. This board may seek further consultation and advice from any physician or chiropractor of its choice. A board must be selected from the panel members for each claimant referred. Members of a panel may be reappointed from year to year, with the respective approval of the Nevada State Medical Association and the Chiropractic Association of Nevada so long as [that] each respective organization exists.
2. The state is hereby divided into two medical board districts, as follows:
(a) Carson City and the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing, Storey and Washoe constitute the first medical board district.
(b) The counties of Clark, Esmeralda, Lincoln, Nye and White Pine constitute the second medical board district.
3. One of the lists referred to in subsection 1 must be composed of licensed physicians and chiropractors practicing in the first medical board district and the other list must be composed of physicians and chiropractors practicing in the second medical board district.
4. The jurisdiction of the medical boards is concurrent and limited solely to the consideration and determination of medical questions and the extent of disability of injured employees referred by the insurer. [It] Such a board shall not consider or determine legal questions such as whether the injury arose out of and in the course of employment. The findings of the medical boards or a majority of the members of each board are final and binding on the insurer.
5. Each member of the medical boards is entitled to receive his usual medical fee for each referred case, which represents compensation for the initial review of medical records, the examination and the preparation of the report. Each report must be signed by all members of the medical review board appointed for that case.
6. Each member of the medical boards is entitled to reasonable and necessary traveling expenses incurred while actually engaged in the performance of his duties.
________
κ1983 Statutes of Nevada, Page 843κ
Senate Bill No. 385Senators Foley and Wagner
CHAPTER 350
AN ACT relating to contempt of court; adding abuse of process and pretense of authority; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 22.010 is hereby amended to read as follows:
22.010 The following act or omissions shall be deemed contempts:
1. Disorderly, contemptuous or insolent behavior toward the judge while he is holding court, or engaged in his judicial duties at chambers, or towards masters or arbitrators while sitting on a reference or arbitration, or other judicial proceeding.
2. A breach of the peace, boisterous conduct or violent disturbance in the presence of the court, or in its immediate vicinity, tending to interrupt the due course of the trial or other judicial proceeding.
3. Disobedience or resistance to any lawful writ, order, rule or process issued by the court or judge at chambers.
4. Disobedience of a subpena duly served, or refusing to be sworn or answer as a witness.
5. Rescuing any person or property in the custody of an officer by virtue of an order or process of such court or judge at chambers.
6. Disobedience of the order or direction of the court made pending the trial of an action, in speaking to or in the presence of a juror concerning an action in which the juror has been impaneled to determine, or in any manner approaching or interfering with such juror with the intent to influence his verdict.
7. [Every person who shall have been , or shall be hereafter, dispossessed or rejected from any piece, parcel, lot or tract of land by the judgment, decree or process of any court of competent jurisdiction, and who, not having any legal right so to do, shall reenter into or upon or take possession of any such land, or any part thereof, or induce or procure any person not having a legal right so to do, or who shall aid or abet therein, shall be deemed guilty of contempt of a court by which the judgment or decree was rendered or from which such process issued, and shall be tried and punished therefor, in the same manner and form as provided in cases of contempt not committed in the presence of the court or justice of the peace. Upon conviction for such contempt, the court or justice of the peace shall immediately issue an alias process, directed to the proper officer, and requiring him to restore the party entitled to the possession of such property under the original judgment, decree or process to such possession, of which he shall have been dispossessed by the wrongful conduct or act herein declared to be a contempt.] Abusing the process or proceedings of the court or falsely pretending to act under the authority of an order or process of the court.
κ1983 Statutes of Nevada, Page 844 (CHAPTER 350, SB 385)κ
Sec. 2. NRS 22.020 is hereby amended to read as follows:
22.020 Every person dispossessed of or ejected from any real property by the judgment or process of any court of competent jurisdiction, and who, not having a right so to do, reenteres into or upon or takes possession of any such real property, or induces or procures any person not having a right so to do, or aids or abets him therein, is guilty of a contempt of the court by which such judgment was rendered or from which such process issued, and shall be tried and punished therefor in the same manner and form as provided by law in cases of contempt not committed in the presence of the court or justice of the peace. Upon conviction for such contempt, the court or justice of the peace shall immediately issue an alias process directing the proper officer to restore possession to the party entitled to the property under the original judgment, decree or process.
________
Senate Bill No. 431Committee on Government Affairs
CHAPTER 351
AN ACT relating to state lands; authorizing the state land registrar to convey certain land to Dwan Gallery, Incorporated, in exchange for certain other land; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The state land registrar on behalf of the State of Nevada may convey by quitclaim deed to Dwan Gallery Incorporated, a New York corporation, all of the right, title and interest of the State of Nevada in the parcel of land described in subsection 2 in exchange for a quitclaim deed conveying to the State of Nevada all of the right, title and interest of Dwan Gallery, Incorporated, in the parcel of land described in subsection 3.
2. The parcel which may be conveyed by the state is NW 1/4 of the SW 1/4 of section 24, T. 15 S., R. 68 E., M.D.B. & M., Clark County, Nevada, containing 40 acres.
3. The parcel to be conveyed by Dwan Gallery, Incorporated, is the S 1/2 of the NW 1/4 of the NW 1/4 of section 24, T. 15 S., R. 68 E., and the N 1/2 of the SW 1/4 of the NW 1/4 of section 24, T. 15 S., R. 68 E., M.D.B. & M., Clark County, Nevada, containing 40 acres.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 845κ
Senate Bill No. 396Committee on Government Affairs
CHAPTER 352
AN ACT relating to public purchasing; excluding from the requirement for competitive bidding any purchase by a local government of merchandise left after an exhibition; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 332.146 is hereby amended to read as follows:
332.146 1. Except as otherwise provided by law, if the chief administrative officer of the local government concurs with the authorized representative that the supplies, materials or equipment can be purchased at any public auction, closeout sale, bankruptcy sale , or sale of merchandise left after an exhibition, or other similar sale at a reasonable savings [for] over the cost of like merchandise and below the market cost in the community, a contract or contracts may be let or the purchase made without complying with the [competitive bidding] requirements of this chapter [.] for competitive bidding.
2. The [purchase or acquisition] documentation [shall] for the purchase or acquisition must be summarized for the next regularly scheduled meeting of the governing body, together with written justification [for the cost] showing the savings involved.
________
Assembly Bill No. 525Assemblyman Beyer
CHAPTER 353
AN ACT relating to the property tax; authorizing the board of county commissioners to designate certain small amounts of delinquent taxes as uncollectible; absolving the county assessor and the county treasurer of liability for taxes so designated; eliminating a procedure for examining delinquent taxpayers in court for assets to pay the taxes; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The county treasurer may petition the board of county commissioners to designate as uncollectible those taxes on personal property:
(a) Which have been delinquent for 5 years or more;
(b) Whose amount, including penalties and costs, is $25 or less; and
(c) For whose collection all appropriate procedures have been followed and have proved unsuccessful.
The board may grant or deny the petition with respect to any or all of those taxes.
κ1983 Statutes of Nevada, Page 846 (CHAPTER 353, AB 525)κ
2. No future liability attaches to the county assessor or the county treasurer for any taxes designated as uncollectible by the board of county commissioners under this section.
Sec. 2. NRS 361.545 is hereby amended to read as follows:
361.545 On or before the 5th day of each month, the county assessor shall:
1. Return to the county auditor a list, under oath, of all collections made under the provisions of NRS 361.505 [, 361.535 and 361.540,] and 361.535, and shall, at the same time, return all the original schedules of assessment of such property made the previous month. After comparing the schedules with the sworn list of collections, the county auditor shall file them in his office, and shall enter upon the assessment roll of his county for that year, when [the same shall have come] it comes into his hands, and mark the word Paid opposite, the name of each person whose taxes are so paid.
2. Pay over to the county treasurer all [moneys] money collected under the provisions of NRS 361.505 [, 361.535 and 361.540,] and 361.535, taking duplicate receipts from the county treasurer for the amount so paid. The county assessor shall file one of the receipts with the county auditor.
Sec. 3. NRS 361.560 is hereby amended to read as follows:
361.560 1. [Notwithstanding the provisions of NRS 361.535 and 361.540, and in addition and in lieu thereof,] In addition to any other remedies provided by law for the collection of delinquent taxes, the district attorney of the proper county may bring a civil action in a court of competent jurisdiction therein for the recovery of the personal property tax.
2. In cases where personal property taxes, assessed to the same owner of migratory property and upon such property, it being used and operated in more than one county of this state, are due [, owing] and unpaid therein for the then current fiscal year or for not exceeding 4 years prior thereto, the district attorneys of each of such counties or the attorney general may consolidate all civil actions brought against the owner for the recovery of all or any portion of the delinquent taxes in one civil action brought in a court of competent jurisdiction in Carson City, State of Nevada. Any judgment recovered, when satisfied, [shall] must be paid to each county involved and to the state, as their several interests may appear.
3. Where a nonresident of the state, owner of migratory property, is defendant in any such action and judgment is recovered against such owner, such judgment [shall be and become] becomes a lien on any property of such owner then or thereafter found within the state.
4. Any court in which the civil action provided in this section is brought [shall have] has jurisdiction to try and determine such action, [notwithstanding no] whether or not property of the defendant can be found within the state at the time of the commencement of the action or thereafter.
κ1983 Statutes of Nevada, Page 847 (CHAPTER 353, AB 525)κ
Sec. 4. NRS 361.540 is hereby repealed.
________
Senate Bill No. 391Committee on Human Resources and Facilities
CHAPTER 354
AN ACT relating to prescriptions; allowing an agent of a pharmacist to receive authorization to refill a prescription; and providing other matters properly relating thereto.
[Approved May 17, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 453.481 is hereby amended to read as follows:
453.481 Except as provided in NRS 453.451, an original prescription other than a prescription for schedule II drugs which does not bear authorization to refill, or a prescription on which the original authorization to refill has expired, may be refilled if additional authorization has been obtained from the prescribing practitioner or another practitioner with the same license classification acting in the absence of the original practitioner. Such information may be relayed to the pharmacist by an agent employed by the practitioner, if the practitioner, or another practitioner acting in his absence, is available. The authorization may be received by an agent of the pharmacist.
Sec. 2. NRS 454.251 is hereby amended to read as follows:
454.251 An original prescription which does not bear authorization to refill, or a prescription on which the original authorization to refill has expired, may be refilled if additional authorization has been obtained from the prescribing practitioner or another practitioner with the same license classification acting in the absence of the original practitioner. Such information may be relayed to the pharmacist by an agent employed by the practitioner, if the practitioner, or another practitioner acting in his absence, is available. The authorization may be received by an agent of the pharmacist.
________
κ1983 Statutes of Nevada, Page 848κ
Assembly Bill No. 511Committee on Government Affairs
CHAPTER 355
AN ACT relating to county fire protection districts; making certain changes in the procedures for election of directors for those districts and in filling any vacancy on the board of directors; and providing other matters properly relating thereto.
[Approved May 18, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 474 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. If a vacancy occurs on the board of directors of a county fire protection district, the remaining directors shall fill the vacancy by appointing a qualified elector to serve during the rest of the term and until his successor is elected and qualified.
2. If the remaining directors fail or reuse to appoint a new director within 30 days after the vacancy occurs, the board of county commissioners shall appoint a person to fill the vacancy.
Sec. 3. 1. Any person residing within a county fire protection district who is otherwise qualified to vote at general elections in this state may register to vote in the biennial elections and other elections of the district by appearing before the county clerk or registrar of voters of the county in which the district is located and completing an affidavit or registration in accordance with the general election laws of this state. Registration for a district election which is not held simultaneously with a general election must close at 5 p.m. of the fifth Friday preceding the district election and registration offices must be open from 9 a.m. to 5 p.m., excluding Saturdays, during the last days before the close of registration. If a person residing within a district is otherwise registered to vote, no new registration for district elections is required.
2. The county clerk or registrar of voters shall, at the expense of the district, prepare and maintain a list of all registered voters residing within the district. The county clerk or registrar of voters is entitled to receive on behalf of the county reimbursement for the actual costs of conducting the districts election. All money so received must be deposited to the credit of the general fund of the county.
Sec. 4. NRS 474.130 is hereby amended to read as follows:
474.130 1. The directors elected at the election organizing the district shall immediately enter upon their duties. At the first meeting, the first board of directors shall so classify themselves by lot that one of their number shall go out of office on the 1st Monday in January following the next succeeding biennial election, and two of their number on the 1st Monday in January following the second succeeding biennial election.
2. Thereafter, directors shall hold their offices for terms of 4 years from and after the 1st Monday in January following their election and until their successors are elected and qualified.
κ1983 Statutes of Nevada, Page 849 (CHAPTER 355, AB 511)κ
from and after the 1st Monday in January following their election and until their successors are elected and qualified.
3. The office of director is a nonpartisan office.
Sec. 5. NRS 474.140 is hereby amended to read as follows:
474.140 1. At the next general election and in conjunction therewith after the organization of any district, and in conjunction with every general election thereafter, an election [shall be held which shall] , to be known as the biennial election of the district [.] , must be held.
2. [Not later than 60 days before any such election, nominations may be filed with the secretary of the board, who shall not later than 30 days before any such election certify such nominations to the county clerk. If a nominee does not withdraw his name before the secretary certifies the nominations to the county clerk, his name shall be placed on the ballot. The secretary of the district shall give notice of election by publication, and shall arrange such other details in connection therewith as the board may direct.] The general election laws of this state govern the nomination and election of the members of the board of directors. The election must be conducted under the supervision of the county clerk or registrar of voters. The returns of the election [shall] must be certified to and [shall be] canvassed as provided by the general law concerning elections. The candidate or candidates, according to the number of directors to be elected, receiving the most votes, [shall be] are elected. Any new member of the board [shall] must qualify in the same manner as members of the first board qualify.
________
Assembly Bill No. 638Committee on Transportation (by request)
CHAPTER 356
AN ACT relating to vehicles; providing additional circumstances under which they may be removed from highways; and providing other matters properly relating thereto.
[Approved May 18, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.397 is hereby amended to read as follows:
484.397 1. Whenever any police officer finds a vehicle standing upon a highway in violation of any of the provisions of this chapter, such officer may move such vehicle, or require the driver or person in charge of the vehicle to more it to a position off the paved or improved or main-traveled part of such highway.
2. Whenever any police officer finds a vehicle unattended upon any highway, bridge or causeway, or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer may provide for the removal of such vehicle in any manner provided by law.
κ1983 Statutes of Nevada, Page 850 (CHAPTER 356, AB 638)κ
3. Any police officer may remove any vehicle or part of a vehicle found on the highway, or cause it to be removed, to the nearest garage or other place of safekeeping if:
(a) The vehicle has been involved in an accident and is so disabled that its normal operation is impossible or impractical and the person or persons in charge of the vehicle are incapacitated by reason of physical injury or other reason to such an extent as to be unable to provide for its removal or custody, or are not in the immediate vicinity of the disabled vehicle; [or]
(b) The person driving or in actual physical control of the vehicle is arrested for any alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay [.] ; or
(c) The person in charge of the vehicle is unable to provide for its custody or removal within:
(1) Twenty-four hours after abandoning the vehicle on any freeway, United States highway or other primary arterial highway.
(2) Seventy-two hours after abandoning the vehicle on any other highway.
________
Assembly Bill No. 305Committee on Natural Resources, Environment and Agriculture
CHAPTER 357
AN ACT relating to wildlife; expanding the power of game wardens; authorizing the establishment of a separate price for expired duck stamps; expanding the requirements for courses in safety for hunters; and providing other matters properly relating thereto.
[Approved May 18, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 501.337 is hereby amended to read as follows:
501.337 The director shall:
1. Carry out the policies and regulations of the commission.
2. Direct and supervise all administrative and operational activities of the department, and all programs administered by the department as provided by law. He shall devote his entire time to the duties of his office and shall not follow any other gainful employment or occupation.
3. Within such limitations as may be provided by law, organize the department into various divisions and, from time to time, alter such organization and reassign responsibilities and duties as he may deem appropriate.
4. Appoint or remove, pursuant to the provisions of chapter 284 of NRS, such technical, clerical and operational staff as the execution of his duties and the operation of the department may require, and all such employees are responsible to him for the proper carrying out of the duties and responsibilities of their respective positions.
κ1983 Statutes of Nevada, Page 851 (CHAPTER 357, AB 305)κ
his duties and the operation of the department may require, and all such employees are responsible to him for the proper carrying out of the duties and responsibilities of their respective positions. The director shall designate a number of such employees as [fish and] game wardens and provide for their training.
5. Submit technical and other reports to the commission as may be necessary or as may be requested, which will enable the commission to establish policy and regulations.
6. Approve the biennial budget of the department consistent with the provisions of this Title and chapter 488 of NRS.
7. Administer real property assigned to the department.
8. Maintain full control, by proper methods and inventories, of all personal property of the state acquired and held for the purposes contemplated by this Title and by chapter 488 of NRS.
9. Act as nonvoting secretary to the commission.
Sec. 2. NRS 501.339 is hereby amended to read as follows:
501.339 The director may:
1. In cases of emergency, with the prior approval of the governor, exercise the powers of the commission until such time as the commission meets or the emergency ends.
2. Designate an employee or employees of the department to act as his deputy or deputies. In the directors absence or inability to discharge the powers and duties of his office, the powers and duties devolve upon his deputy or deputies.
3. Designate persons outside the department as [fish and] game wardens if, in his opinion, the need for such designations exists and if the designations are made in accordance with the policy controlling such designations established by the commission.
Sec. 3. NRS 501.349 is hereby amended to read as follows:
501.349 [1. Those regular] Regular employees and others designated by the director as [fish and] game wardens shall [have full power and authority to] enforce all provisions of this Title and of chapter 488 of NRS.
[2. Such] Game wardens are peace officers for the purposes of:
1. The service of such legal process, including warrants and subpenas, as may be required [in the performance of their duties] in the enforcement of this Title and of chapter 488 of NRS.
2. The enforcement of all laws of the State of Nevada while they are performing their duties pursuant to this Title and chapter 488 of NRS.
Sec. 4. NRS 501.379 is hereby amended to read as follows:
501.379 It is unlawful for any person to sell, or expose for sale, to barter, trade or purchase, or attempt to sell, barter, trade or purchase, any species of [game animals or game birds or protected species of] wildlife, or parts thereof, except as provided in this Title [; but the sale of the hide, head, antlers or horns, or other nonedible parts of game animals which were legally killed is permitted.] or in a regulation of the commission. The importation and sale of game animals [or] , game birds or game amphibians or parts thereof is not prohibited if the importation is from a licensed commercial [game] breeder or processor outside the state.
κ1983 Statutes of Nevada, Page 852 (CHAPTER 357, AB 305)κ
Sec. 5. NRS 502.245 is hereby amended to read as follows:
502.245 [For a fee of $2 the] 1. The department shall issue any hunting or fishing license or combined hunting and fishing license authorized under the provisions of this chapter, upon proof satisfactory of the requisite facts [,] and payment of the applicable fee, to any person who, as of the date of his application for a license has resided in this state for the 6-month period immediately preceding and:
[1.] (a) Is 65 years of age or older; or
[2.] (b) Has a severe physical handicap as defined in the regulations of the commission.
2. The department shall charge and collect for such a:
Hunting license.............................................................................................. $2
Fishing license............................................................................................... 2
Combined hunting and fishing license..................................................... 4
Sec. 6. NRS 502.300 is hereby amended to read as follows:
502.300 1. It is unlawful for any person, except a person under she age of 12 or a person 65 years of age or older, to hunt any migratory game bird, except jacksnipe, coot, gallinule, western mourning dove, white-winged dove and band-tailed pigeon, unless at the time he is hunting he carries on his person an unexpired state duck stamp validated by his signature in ink across the face of the stamp.
2. [State] Unexpired duck stamps must be sold for a fee of $2 each by the department and by persons authorized by the department to sell hunting licenses. The commission shall establish the price to be charged by the department or agents of the department for expired duck stamps.
3. The department shall determine the form of stamps.
Sec. 7. NRS 502.330 is hereby amended to read as follows:
502.330 1. No hunting license may be issued to any person under the age of 21 unless he presents to the department, or one of its authorized [license] licensing agents, either:
(a) Satisfactory proof that he has held a hunting license issued by a department of wildlife;
(b) A certificate of competency as provided by NRS 502.340; or
(c) Satisfactory proof that he has successfully passed a [hunter safety gun-training course,] course in safety for hunters approved by the commission or has successfully completed other training equivalent to that provided in NRS 502.340 for a certificate of competency.
2. All persons 16 years of age and under, otherwise eligible to be licensed, upon applying for any hunting license in this state, must present a certificate of competency.
3. Any person who has been convicted of violating NRS 503.165 or 503.175 must not be issued a hunting license until he has successfully completed a course in [safe firearm] safe handling of firearms conducted pursuant to NRS 502.340.
Sec. 8. NRS 502.340 is hereby amended to read as follows:
502.340 The department shall certify instructors who will, [on a voluntary basis and] with the cooperation of the department, give instruction in the course of [safe firearm] safe handling of firearms established by the department to all eligible persons who, upon the successful completion of [such] the course, [shall] must be issued a certificate of competency in firearms handling.
κ1983 Statutes of Nevada, Page 853 (CHAPTER 357, AB 305)κ
successful completion of [such] the course, [shall] must be issued a certificate of competency in firearms handling. Persons who are disqualified from obtaining a hunting license, pursuant to NRS 502.330, are eligible for the course.
Sec. 9. NRS 502.350 is hereby amended to read as follows:
502.350 The commission may [establish] authorize an instructor to collect a fee of not more than [$2 to be assessed upon] $5 from each person obtaining instruction in the safe handling of firearms. [The fees must be deposited in the wildlife account in the state general fund.]
Sec. 10. NRS 502.370 is hereby amended to read as follows:
502.370 1. A [taxidermist] license to practice taxidermy is required before any person may perform taxidermal services for others on any wildlife or their parts, nests or eggs.
2. Annual licenses for the term of 1 year from July 1 to June 30 [shall] must be issued by the department for the following fees:
[Commercial taxidermist fee] Fee to practice commercial taxidermy [$25.00] $35
[Noncommercial taxidermist fee] Fee to practice noncommercial taxidermy [5.00]................................................................................................................. 5
3. The commission may establish regulations covering receipt, possession, transportation, identification and sale of wildlife to be or which has been processed by a taxidermist.
4. A person who is authorized to enforce the provisions of this Title may enter the facilities of a licensee at any reasonable hour and inspect his operations and records.
5. The provisions of this section [shall] do not apply to institutions of learning of this state or of the United States, or to research activities conducted exclusively for scientific purposes, or for the advancement of agriculture, biology or any of the sciences.
Sec. 11. (Deleted by amendment.)
Sec. 12. NRS 503.290 is hereby amended to read as follows:
503.290 1. Except as otherwise provided in subsection 2, it is unlawful for any person to fish in or from any of the waters of the State of Nevada for any fish of any species [whatever] in any manner other than with hook and line attached to a rod or reel closely attended in the manner known as angling. Only one combination of hook, line and rod [shall] must be used by one person at any time.
2. [Unprotected fish may be taken by methods authorized by commission regulation.] The commission may by regulation authorize other methods for taking fish. Frogs may be taken by spear, bow and arrow, hook and line or by other methods authorized by [commission] the commissions regulation.
3. [As used in this section, the word hook shall be deemed to include] For the purposes of this section, hook includes not more than three baited hooks, [nor] not more than three fly hooks [,] or not more than two plugs or similar lures. No more than two such plugs or lures, irrespective of the number of hooks or attractor blades attached thereto, [shall] may be attached to the line.
κ1983 Statutes of Nevada, Page 854 (CHAPTER 357, AB 305)κ
Sec. 13. NRS 503.450 is hereby amended to read as follows:
503.450 It [shall be] is unlawful for any person at any time to hunt any fur-bearing animal in any manner other than by trap [or gun.] , gun or bow and arrow.
Sec. 14. NRS 503.452 is hereby amended to read as follows:
503.452 Each trap , snare or similar device used in the taking of wild animals must bear a number registered with the department or be permanently marked with the name and address of the owner or trapper using it. Registration of a trap is permanent. A registration fee of $5 for each registrant is payable only once, at the time the first trap , snare or similar device is registered.
Sec. 15. NRS 503.454 is hereby amended to read as follows:
503.454 1. Every person who takes fur-bearing animals or unprotected animals by trapping or sells raw furs for profit shall procure a trapping license.
2. It is unlawful to remove or disturb the trap of any holder of a trapping license while the trap is being legally used by him on public land or on land where he has permission to trap.
Sec. 16. NRS 169.125 is hereby amended to read as follows:
169.125 Peace officer includes:
1. The bailiff of the supreme court and bailiffs of the district courts, justices courts and municipal courts;
2. Sheriffs of counties and of metropolitan police departments and their deputies;
3. Constables and their deputies when carrying out their official duties;
4. Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180;
5. The inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049;
6. Members of and all inspectors employed by the public service commission of Nevada when exercising those enforcement powers conferred by chapters 704 to 706, inclusive, of NRS;
7. Marshals and policemen of cities and towns;
8. Parole and probation officers;
9. Special investigators employed by the office of any district attorney or the attorney general;
10. Arson investigators for fire departments specially designated by the appointing authority;
11. Members of the University of Nevada System police department;
12. The state fire marshal and his assistant and deputies;
13. The brand inspectors of the state department of agriculture when exercising the enforcement powers conferred in chapter 565 of NRS;
14. Arson investigators for the state forester firewarden specially designated by the appointing authority;
15. The deputy director, superintendents, correctional officers and other employees of the department of prisons when carrying out any duties prescribed by the director of the department of prisons;
κ1983 Statutes of Nevada, Page 855 (CHAPTER 357, AB 305)κ
other employees of the department of prisons when carrying out any duties prescribed by the director of the department of prisons;
16. Division of state parks employees designated by the administrator of the division of state parks in the state department of conservation and natural resources when exercising police powers specified in NRS 407.065;
17. Security officers employed by the board of trustees of any school district;
18. The executive, supervisory and investigative agents of the Nevada gaming commission and the state gaming control board when exercising the enforcement powers specified in NRS 463.140 or NRS 463.1405 or when investigating a violation of a provision of chapter 205 of NRS in the form of a crime against the property of a gaming licensee;
19. The director, division chiefs, investigators, agents and other sworn personnel of the investigation division of the department of motor vehicles;
20. Field dealer inspectors of the vehicle compliance and enforcement section of the registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.048;
21. Vehicle emission control officers of the vehicle emission control section of the registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.0481;
22. [The personnel of the Nevada department of wildlife when exercising those enforcement powers conferred by Title 45 and chapter 488 of NRS;
23.] Security officers of the legislature of the State of Nevada when carrying out duties prescribed by the legislative commission;
[24.] 23. Group supervisors of the Nevada girls training center and the Nevada youth training center when carrying out any duties prescribed by the superintendents of their respective institutions;
[25.] 24. Security officers employed by a city or county when carrying out duties prescribed by ordinance; [and]
[26.] 25. Security officers of the buildings and grounds division of the department of general services when carrying out duties prescribed by the director of the department of general services [.] ; and
26. Any other officer or employee of state or local government upon whom the power of a peace officer is conferred by specific statute.
Sec. 17. NRS 205.230 is hereby amended to read as follows:
205.230 1. All state, county, city and township peace and law enforcement officials, including sheriffs, their deputies, constables, their deputies and [fish and] game wardens, are empowered and directed to pursue, apprehend and arrest whenever or wherever, irrespective of county boundaries within the state, any person who shall feloniously steal, take and carry, lead, drive or entice away any horse, mare, gelding, colt, cow, bull, steer, calf, mule, jack, jenny or any one or more head of cattle or horses, or any sheep, goat, hog, poultry, shoat or pig not his own property but the property of another.
2. Upon apprehension and arrest of any person in violation of NRS 205.225, the arresting officer or officers shall forthwith take the person before the nearest or most accessible magistrate without unnecessary delay, to be there dealt with according to law.
κ1983 Statutes of Nevada, Page 856 (CHAPTER 357, AB 305)κ
NRS 205.225, the arresting officer or officers shall forthwith take the person before the nearest or most accessible magistrate without unnecessary delay, to be there dealt with according to law.
Sec. 18. NRS 444.630 is hereby amended to read as follows:
444.630 1. As used in this section, garbage includes, swill, refuse, cans, bottles, paper, vegetable matter, carcass of any dead animal, offal from any slaughter pen or butcher shop, trash or rubbish.
2. Every person who places, deposits or dumps, or who causes to be placed, deposited or dumped, or who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent, or accumulation of human excreta, or any garbage, in or upon any street, alley, public highway or road in common use or upon any public park or other public property other than property designated or set aside for such a purpose by the governing body having charge thereof, or upon any private property into or upon which the public is admitted by easement, license or otherwise, is guilty of a misdemeanor.
3. All health officers, [state fish and] game wardens, police officers of cities and towns, sheriffs and their deputies, and other peace officers of the State of Nevada, shall, within their respective jurisdictions, enforce the provisions of this section.
4. A district health officer or his deputy may issue a citation for any violation of this section which occurs within his jurisdiction.
________
Assembly Bill No. 408Assemblymen Getto and Dini
CHAPTER 358
AN ACT relating to crimes and punishments; prohibiting the issuance of a check or draft to obtain services, the use of property or credit from a gaming establishment if the drawer has insufficient money, property or credit with the drawee to pay it; providing a penalty; and providing other matters properly relating thereto.
[Approved May 18, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 205.130 is hereby amended to read as follows:
205.130 1. Except as provided in this subsection and subsections 2 and 3, a person who willfully, with an intent to defraud, draws or passes a check or draft to obtain [money or delivery] :
(a) Money;
(b) Delivery of other valuable property [,] ;
(c) Services;
(d) The use of property; or
(e) Credit extended by any licensed gaming establishment,
drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when the person has insufficient money, property or credit with the drawee of the instrument to pay it in full upon its presentation, is guilty of a misdemeanor. If that instrument, or a series of such instruments passed in the state during a period of 90 days, is in the amount of $100 or more, the person is guilty of a felony and 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.
κ1983 Statutes of Nevada, Page 857 (CHAPTER 358, AB 408)κ
series of such instruments passed in the state during a period of 90 days, is in the amount of $100 or more, the person is guilty of a felony and 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.
2. Any person previously convicted three times of a misdemeanor under the provisions of this section, or of an offense of a similar nature, in this state or any other state, or in a federal jurisdiction, who violates this section is guilty of a felony and 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.
3. Any person who willfully issues any check or draft for the payment of wages in excess of $100, when the person has knowledge of having insufficient money or credit with the drawee of the instrument to pay the instrument in full upon presentation is guilty of a gross misdemeanor.
4. For the purposes of this section credit means an arrangement or understanding with a person, firm, corporation, bank or depositary for the payment of a check or other instrument.
________
Senate Bill No. 340Committee on Commerce and Labor
CHAPTER 359
AN ACT relating to employment security; adjusting the rate for extended benefits; providing for enforcement of obligations for child support; providing for a test after disqualification for unemployment; clarifying provisions on disqualification after a suitable offer of a job; clarifying provisions on benefits; increasing employers tax rates; removing solvency assessments; and providing other matters properly relating thereto.
[Approved May 18, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 612 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any person filing a claim for benefits shall, at the time he files his claim, indicate whether he owes an obligation for the support of a child.
2. If a person eligible for benefits indicates that he owes such an obligation, the executive director shall notify the state or local agency responsible for enforcing that obligation.
3. The executive director shall withhold from the benefits to a person with an obligation for support the amount:
(a) Specified by that person to be withheld, if there is no agreement or order;
(b) Agreed upon by that person and the state or local agency, if there is no order; or
κ1983 Statutes of Nevada, Page 858 (CHAPTER 359, SB 340)κ
(c) Required to be withheld by the executive director by an order of a court served on him.
4. The executive director shall pay the amounts withheld under this section to the appropriate state or local agency.
5. Any amount withheld by the executive director under this section shall be deemed to be paid:
(a) To the person as his benefit; and
(b) By that person in satisfaction of his obligation for support.
6. This section applies only if the state or local agency receiving money from the executive director for the support of a child agrees to reimburse the employment security department for the cost of administering this section.
7. For the purposes of this section, an obligation for the support of a child includes support from a parent or other person legally responsible for the childs support and those attorneys fees, interest and costs which may have been awarded pursuant to an order of a court.
8. As used in this section, benefits means any money or other assistance paid to the person for his unemployment pursuant to this chapter and pursuant to any agreement with the Federal Government.
Sec. 2. NRS 612.265 is hereby amended to read as follows:
612.265 1. Except as otherwise provided in this section, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the persons or employing units identity.
2. Any claimant (or his legal representative) 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 any state or local agency for the enforcement of child support, or the Internal Revenue Service of the Department of the Treasury. 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 the recipients rights to further benefits under this chapter.
κ1983 Statutes of Nevada, Page 859 (CHAPTER 359, SB 340)κ
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 the recipients rights to further benefits under this chapter.
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 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.
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, discloses information obtained from any employing unit or 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, uses or permits the use of the list for any political purpose, he is guilty of a misdemeanor.
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 must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.
Sec. 3. NRS 612.340 is hereby amended to read as follows:
612.340 1. [An individuals] A persons basic weekly benefit amount for any benefit year commencing on or after April 27, 1969, and prior to July 4, 1971, [shall be] is an amount equal to one twenty-fifth of his total wages for employment by employers during the quarter of his base period in which [such] the total wages were highest but not more than $47 per week, nor less than $16 per week, and if not a multiple of $1 [shall] , it must be computed to the next higher multiple of $1.
2. [An individuals] A persons weekly benefit amount, for any benefit year commencing on or after July 4, 1971, [shall be] is an amount equal to one twenty-fifth of his total wages for employment by employers during the quarter of his base period in which [such] the total wages were highest, but not less than $16 per week, nor more than the maximum weekly benefit amount determined as follows: On or before the 1st day of July of each year commencing with 1971, the total wages reported for the preceding calendar year by employers 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. The average annual wage thus obtained [shall] must be divided by 52 and the average weekly wage thus determined [shall] must be rounded to the nearest cent. Fifty percent of [such] the average weekly wage, rounded to the nearest [higher] lower multiple of $1, if not a multiple of $1, [shall constitute] is the maximum weekly benefit amount.
κ1983 Statutes of Nevada, Page 860 (CHAPTER 359, SB 340)κ
3. [Such] The maximum weekly benefit amount as determined on or before July 1 of each year [shall] must be paid to [individuals] persons whose benefit year commences on or after July 1 of [such] that year and prior to July 1 of the following year.
Sec. 4. NRS 612.350 is hereby amended to read as follows:
612.350 1. Each eligible [individual] person who is unemployed in any week [shall] must be paid [with respect to such] for that week a benefit in an amount equal to his weekly benefit amount, less 75 percent of the remuneration payable to him [with respect to such] for that week.
2. [Such] The benefit, if not a multiple of $1, [shall] must be computed to the next [higher] lower multiple of $1.
Sec. 5. NRS 612.355 is hereby amended to read as follows:
612.355 1. Any otherwise eligible person is entitled during any benefit year to a total amount of benefits equal to whichever is the lesser of:
(a) Twenty-six times his weekly benefit amount ; [,] or
(b) One-third of his total wages for employment by employers during his base period,
computed to the next [higher] lower multiple of $1.
2. For the purpose of this section and of subsection 4 of NRS 612.375, wages are counted as wages for employment by employers for the benefit purposes with respect to any benefit year only if the benefit year begins subsequent to the date on which the employer from whom [such] those wages were earned has satisfied the conditions of NRS 612.055, 612.121 or NRS 612.565 to 612.580, inclusive, with respect to becoming an employer.
Sec. 6. NRS 612.377 is hereby amended to read as follows:
612.377 As used in NRS 612.377 to 612.3786, inclusive, unless the context clearly requires otherwise:
1. Extended benefit period means a period which [:
(a) Begins] begins with the third week after [whichever of the following weeks occurs first:
(1) A week for which there is a national on indicator; or
(2) A] a week for which there is a Nevada on indicator [; and
(b) Ends with either of the following weeks, whichever occurs later:
(1) The] and ends with the third week after the first week for which there is [both a national off indicator and] a Nevada off indicator [; or
(2) The] or the 13th consecutive week [of such period,] after it began, except that no extended benefit period may begin by reason of a Nevada on indicator before the 14th week following the end of a prior extended benefit period which was in effect [with respect to] for Nevada.
2. [There is a national on indicator for a week if the Secretary of Labor determines that for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment (seasonally adjusted) for all states equaled or exceeded 4.5 percent.
3. There is a national off indicator for a week if the Secretary of Labor determines that for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment (seasonally adjusted) for all states was less than 4.5 percent.
κ1983 Statutes of Nevada, Page 861 (CHAPTER 359, SB 340)κ
of Labor determines that for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment (seasonally adjusted) for all states was less than 4.5 percent.
4.] There is a Nevada on indicator for a week if the executive director determines, in accordance with the regulations of the Secretary of Labor, that for the period consisting of [such] that week and the immediately preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted) under NRS 612.377 to 612.3786, inclusive.
(a) Equaled or exceeded 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years [; and
(b) Equaled] and equaled or exceeded [4] 5 percent [.] ; or
(b) Equaled or exceeded 6 percent.
[5.] 3. There is a Nevada off indicator for a week if the executive director determines, in accordance with the regulations of the Secretary of Labor, that for the period consisting of [such] that week and the immediately preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted):
(a) Was less than 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years; [or] and
(b) Was less than [4] 6 percent.
[6.] 4. Rate of insured unemployment, for purposes of subsections [4 and 5,] 2 and 3, means the percentage derived by dividing [:
(a) The] the average weekly number of persons filing claims in this state for the weeks of unemployment [with respect to] for the most recent 13-consecutive-week period, as determined by the executive director on the basis of his reports to the Secretary of Labor [; by
(b) The] using the average monthly employment covered under this chapter as determined by the executive director and recorded in [department] departmental records for the first four of the most recent six completed calendar quarters ending before the end of [such] the 13-week period.
[7.] 5. Regular benefits means benefits payable to a person under this chapter or under any other state law (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. § 8501 et seq.) other than extended benefits.
[8.] 6. Extended benefits means benefits (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. § 8501 et seq.) payable to a person under the provisions of NRS 612.377 to 612.3786, inclusive, for the weeks of unemployment in his eligibility period.
[9.] 7. Additional benefits means benefits payable to exhaustees by reason of conditions of high unemployment or by reason of other special factors under the provisions of any state law. Any person who is entitled to both additional and extended benefits for the same week [shall] must be given the choice of electing which type of benefit to claim regardless of whether his rights to additional and extended benefits arise under the law of the same state or different states.
κ1983 Statutes of Nevada, Page 862 (CHAPTER 359, SB 340)κ
extended benefits arise under the law of the same state or different states.
[10.] 8. Eligibility period of a person means the period consisting of the weeks in his benefit year under this chapter which begin in an extended benefit period and, if his benefit year ends within the extended benefit period, any weeks thereafter which begin in that period.
[11.] 9. Exhaustee means a person who, with respect to any week of employment in his eligibility period:
(a) Has received, [prior to such] before that week, all of the regular, seasonal or nonseasonal benefits that were available to him under this chapter or any other state law (including augmented weekly benefits for dependents and benefits payable to federal civilian employees and ex-servicemen under 5 U.S.C. § 8501 et seq.) in his current benefit year which includes that week [;] , except that, for the purposes of this paragraph, a person shall be deemed to have received all of the regular benefits that were available to him, although as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in his benefit year, he may subsequently be determined to be entitled to added regular benefits; or
(b) His benefit year having expired prior to that week, has no, or insufficient, wages on the basis of which he could establish a new benefit year which would include that week , [; and
(c) Has]
and has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, 45 U.S.C. § 351 et seq., the Trade Expansion Act of 1962, 19 U.S.C. § 1801 et seq., the Automotive Products Trade Act of 1965, 19 U.S.C. § 2001 et seq. and such other federal laws as are specified in regulations issued by the Secretary of Labor, and has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada [; but if] . If he is seeking such benefits and the appropriate agency finally determines that he is not entitled to benefits under [such] that law he is considered an exhaustee.
[12.] 10. State law means the unemployment insurance law of any state, approved by the Secretary of Labor under Section 3304 of the Internal Revenue Code of 1954.
Sec. 7. NRS 612.3774 is hereby amended to read as follows:
612.3774 A person is eligible to receive extended benefits [with respect to] for any week of unemployment in his eligibility period only if the executive director finds that with respect to such week:
1. He is an exhaustee ; [as defined in subsection 11 of NRS 612.377;]
2. He has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to persons claiming extended benefits; and
3. He [is] was not disqualified for [the receipt of] benefits during the period for which he claimed regular benefits because he voluntarily left work, was discharged for misconduct or failed to apply for or accept suitable work [.] , or if he was so disqualified, he thereafter regained his qualification pursuant to NRS 612.385 or 612.390 or subsection 1 of NRS 612.380.
κ1983 Statutes of Nevada, Page 863 (CHAPTER 359, SB 340)κ
regained his qualification pursuant to NRS 612.385 or 612.390 or subsection 1 of NRS 612.380.
Sec. 8. NRS 612.3776 is hereby amended to read as follows:
612.3776 The weekly extended benefit amount payable to [an individual] a person for a week of total unemployment in his eligibility period [shall be:] is:
1. The basic weekly benefit amount or the augmented weekly benefit amount, whichever is appropriate, payable to him for his applicable benefit year; or
2. The average of the weekly benefit amounts for weeks of total unemployment payable in the applicable benefit year if [the individual] he was entitled to more than one weekly rate. If the amount computed in accordance with this subsection is not a multiple of $1 it [shall] must be computed to the next [higher] lower multiple of $1.
Sec. 9. NRS 612.378 is hereby amended to read as follows:
612.378 The total extended benefit amount payable to any eligible [individual with respect to] person for his applicable benefit year [shall be the least] is the lesser of the following amounts:
1. Fifty percent of the basic benefits which were payable to him in his benefit year. If the amount computed is not a multiple of $1, it [shall] must be computed to the next [higher] lower multiple of $1.
2. Thirteen times his average weekly benefit amount which was payable to him under this chapter for a week of total unemployment in the applicable benefit year. If the amount computed is not a multiple of $1, it [shall] must be computed to the next [higher] lower multiple of $1.
Sec. 10. NRS 612.3784 is hereby amended to read as follows:
612.3784 1. Whenever an extended benefit period is to become effective in this state (or in all states) as a result of a Nevada [or a national] on indicator, or an extended benefit period is to be terminated in Nevada as a result of a Nevada off indicator , [or Nevada and national off indicators,] the executive director shall make an appropriate public announcement.
2. Computations required by the provisions of subsection [6] 4 of NRS 612.377 [shall] must be made by the executive director, in accordance with regulations prescribed by the Secretary of Labor.
Sec. 11. NRS 612.390 is hereby amended to read as follows:
612.390 1. Except as provided in NRS 612.392, a person must be disqualified for benefits if the executive director finds that he has failed, without good cause, either to apply for available, suitable work when so directed by the employment office or the executive director or to accept suitable work when offered him. The disqualification continues for the week in which the failure occurred and [for not more than 15 consecutive weeks thereafter occurring within the current benefit year, or within the current and following benefit year, as] until he earns wages from employment covered by this chapter equal to or exceeding his weekly benefit amount in each of the number of weeks thereafter determined by the executive director according to the circumstances in each case.
κ1983 Statutes of Nevada, Page 864 (CHAPTER 359, SB 340)κ
thereafter determined by the executive director according to the circumstances in each case. The executive director shall not require more than 15 weeks.
2. In determining whether or not any work is suitable for a person, the executive director shall consider the degree of risk involved to his health, safety and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation.
3. [No work shall] Work must not be deemed suitable and benefits must not be denied under this chapter to any otherwise eligible person for refusing to accept new work under any of the following conditions:
(a) If the position offered is vacant due directly to a strike, lockout or other labor dispute.
(b) If the wages, hours or other conditions of the work offered are substantially less favorable to the person than those prevailing for similar work in the locality.
(c) If as a condition of being employed the person would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.
Sec. 12. NRS 612.392 is hereby amended to read as follows:
612.392 1. Except as provided in subsection 4, a person is not eligible to receive extended benefits for any week of unemployment in his eligibility period if the executive director finds that during the period he failed to:
(a) Accept an offer of suitable work or failed to apply for any suitable work to which he was referred by the executive director;
(b) Actively engage in a systematic and sustained effort to obtain work; or
(c) Furnish tangible evidence that he had made such efforts.
2. Any person found ineligible for extended benefits pursuant to subsection 1 must also be denied benefits, beginning [,] with the first day of the week after the week in which he was found ineligible, until he has been subsequently employed for 4 weeks and has earned [remuneration] wages equal to not less than four times the weekly amount of the extended benefit.
3. As used in this section, suitable work means any work which is within the persons capabilities and for which the gross average weekly [remuneration:] wage:
(a) Exceeds the sum of:
(1) The amount, if any, of supplemental unemployment benefits (as defined in 26 U.S.C. § 501) payable to the person for the week; and
(2) The persons weekly amount of extended benefits as determined pursuant to NRS 612.3776; and
(b) Is not less than the higher of:
(1) The minimum wage provided in 29 U.S.C. § 206, without regard to any exemption; or
(2) Any applicable state [or local] minimum wage.
κ1983 Statutes of Nevada, Page 865 (CHAPTER 359, SB 340)κ
4. No person may be denied extended benefits for failure to apply for or accept suitable work if:
(a) The position was not offered to the person in writing [and] or was not listed with the employment service;
(b) The failure does not result in a denial of benefits pursuant to NRS 612.390 to the extent that the criteria for suitability in that section are not inconsistent with the provisions of this section; or
(c) The person furnishes evidence satisfactory to the executive director that his prospects for obtaining work in his customary occupation within a reasonably short period are good. If the evidence is deemed satisfactory, the determination of whether work is suitable for him must be made pursuant to NRS 612.390.
5. The executive director shall refer any person entitled to extended benefits to any available suitable work.
Sec. 13. 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.
κ1983 Statutes of Nevada, Page 866 (CHAPTER 359, SB 340)κ
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.
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 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.
κ1983 Statutes of Nevada, Page 867 (CHAPTER 359, SB 340)κ
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:
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
Class 13........................................................................................... 3.9 percent
Class 14........................................................................................... 4.2 percent
Class 15........................................................................................... 4.5 percent
Class 16........................................................................................... 4.8 percent
Class 17........................................................................................... 5.1 percent
Class 18........................................................................................... 5.4 percent
7. On 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 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 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 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 September 30. [If the executive director finds on September 30 preceding any such year that the balance in the unemployment compensation fund is less than the potential maximum annual benefit payable, a 0.5 percent solvency assessment 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.]
κ1983 Statutes of Nevada, Page 868 (CHAPTER 359, SB 340)κ
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:
(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. 14. NRS 612.700 is hereby amended to read as follows:
612.700 1. Any agreement by [an individual] a person to waive, release or commute his rights to benefits or any other rights under this chapter [shall be void.] is void, except an agreement made voluntarily with a state or local agency to withhold money from the benefits to pay support for a child.
2. Any agreement by any [individual] person in the employ of any other person or concern to pay all or any portion of an employers contributions, required under this chapter from [such] the employer [, shall be] is void.
3. No employer [shall] may directly or indirectly make , [or] require or accept any deduction from wages to finance the employers contributions required from him, or require or accept any waiver of any right under this chapter by any [individual] person in his employ.
4. Any employer or officer or agent of an employer who violates any provision of this section is guilty of a misdemeanor.
κ1983 Statutes of Nevada, Page 869 (CHAPTER 359, SB 340)κ
Sec. 15. NRS 612.710 is hereby amended to read as follows:
612.710 1. Any assignment, pledge or encumbrance of any right to benefits which are or may become due or payable under this chapter [shall be void.] is void, except for a voluntary assignment of benefits to satisfy an obligation to pay support for a child.
2. [Such rights to benefits shall be] Benefits are exempt from levy, execution, attachment, or any other remedy [whatever] provided for the collection of debt. Benefits received by any [individual, so long as] person, if they are not mingled with other [funds] money of the recipient, [shall be] are exempt from any remedy [whatever] for the collection of all debts, except debts incurred for necessaries furnished to [such individual] the person or his spouse or dependents during the time when [such individual] the person was unemployed.
3. Any other waiver of any exemption provided for in this section [shall be] is void.
Sec. 16. 1. Except as otherwise provided in subsections 2 and 3, this act shall become effective upon passage and approval.
2. Sections 3, 4, 5, 8 and 9 of this act shall become effective on October 1, 1983.
3. Section 13 of this act shall become effective on January 1, 1985.
________
Senate Bill No. 71Committee on Commerce and Labor
CHAPTER 360
AN ACT relating to motor carriers; changing the procedure for the transfer of various certificates, permits and licenses; and providing other matters properly relating thereto.
[Approved May 18, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 706.6411 is hereby amended to read as follows:
706.6411 1. All motor carriers coming within the terms of NRS 706.011 to 706.791, inclusive, to whom [have been issued] the certificates, permits and licenses provided by NRS 706.011 to 706.791, inclusive, have been issued may transfer [such certificates, permits and licenses] them to another carrier qualified under NRS 706.011 to 706.791, inclusive, but no such transfer [shall be] is valid for any purpose until a joint application to make [such] the transfer has been made to the commission by the transferor and the transferee, and the commission has authorized the substitution of the transferee for the transferor. No transfer of stock of a corporate motor carrier under the jurisdiction of the commission [shall be] is valid without the commissions prior [commission] approval if the effect of [such] the transfer [will] would be to change the corporate control of the carrier or if a transfer of 15 percent or more of the common stock of the carrier is proposed.
κ1983 Statutes of Nevada, Page 870 (CHAPTER 360, SB 71)κ
2. [The] Except as otherwise provided in subsection 3, the commission shall [have the sole discretion to direct that a hearing shall] fix a time and place for a hearing to be held [if] unless the application [seeks] is made to transfer the certificate from [an individual or individuals] a natural person or partners to a corporation [when the officers of the corporation] whose controlling stockholders will be substantially the same [individual, individuals] person or partners [.] , and may hold a hearing to consider such an application.
3. The commission [, in its discretion,] may [:
(a) Direct that a hearing be had in the matter of such transfer, which hearing may be noticed and conducted in like manner as other hearings before the commission; or
(b) Dispense] also dispense with the hearing on the joint application to transfer if, upon the expiration of the time fixed in the notice thereof, no protest against the transfer of the certificate or permit has been filed by or in behalf of any interested person.
4. In determining whether or not the transfer of a certificate of public convenience and necessity or a permit to act as a contract carrier [permit to an applicant] should be authorized, the commission shall consider:
(a) The service which has been performed by the transferor and that which may be performed by the transferee.
(b) Other authorized facilities for transportation [facilities] in the territory for which [such] the transfer is sought.
(c) Whether or not the transferee is fit, willing and able to perform the services of a common or contract carrier by vehicle and whether or not the proposed operation [will] would be consistent with the legislative policy set forth in NRS 706.151.
5. [The] Upon such a transfer, the commission may make such amendments, restrictions or modifications in a certificate or permit [upon such transfer,] as the public interest may require.
6. No transfer [shall be] is valid beyond the life of the certificate, permit or license transferred.
________
Assembly Bill No. 550Committee on Government Affairs
CHAPTER 361
AN ACT relating to local improvements; empowering local governments to erect walls around residential subdivisions to secure them against vandalism and to defray the cost by means of special improvement districts; and providing other matters properly relating thereto.
[Approved May 18, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 271 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
κ1983 Statutes of Nevada, Page 871 (CHAPTER 361, AB 550)κ
Sec. 2. Security wall means any wall composed of stone, brick, concrete, concrete blocks, masonry or similar building material, together with footings, pilasters, outriggers, grillwork, gates and other appurtenances, constructed around the perimeter of a residential subdivision with respect to which a final map has been recorded pursuant to NRS 278.360 to 278.460, inclusive, to protect the several tracts in the subdivision and their occupants from vandalism.
Sec. 3. Because the protection afforded by a security wall benefits each tract in the subdivision, in addition to any other basis for apportioning the assessments authorized in NRS 271.010 to 271.360, inclusive, the governing body may apportion the assessments for a security wall on the basis that all tracts in the subdivision share equally in the cost and maintenance of the project.
Sec. 4. NRS 271.030 is hereby amended to read as follows:
271.030 Except where the context otherwise requires, the definitions in NRS 271.035 to 271.260, inclusive, and section 2 of this act govern the construction of this chapter.
Sec. 5. NRS 271.265 is hereby amended to read as follows:
271.265 1. The governing body of a county, city or town, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:
(a) A curb and gutter project;
(b) A drainage project;
(c) An offstreet parking project;
(d) An overpass project;
(e) A park project;
(f) A sanitary sewer project;
(g) A security wall;
(h) A sidewalk project;
[(h)] (i) A storm sewer project;
[(i)] (j) A street project;
[(j)] (k) An underpass project;
[(k)] (l) A water project; and
[(l)] (m) Any combination of such projects.
2. In addition to the power specified in subsection 1, the governing body of a city having a commission form of government as defined in NRS 267.010, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:
(a) An electrical project;
(b) A telephone project;
(c) A combination of an electrical project and a telephone project;
(d) A combination of an electrical project or a telephone project with any of the projects (or any combination thereof) specified in subsection 1; and
(e) A combination of an electrical project and a telephone project with any of the projects (or any combination thereof) specified in subsection 1.
κ1983 Statutes of Nevada, Page 872 (CHAPTER 361, AB 550)κ
Sec. 6. Section 6.010 of the charter of the City of Caliente, as amended by chapter 306, Statutes of Nevada 1973, at page 378, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. The city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Offstreet parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
[8.] 9. Storm sewer projects;
[9.] 10. Street projects;
[10.] 11. Underground electric and communication facilities;
12. Underpass projects; and
[11.] 13. Water projects . [;
12. Underground electric and communication facilities.]
Sec. 7. Section 6.010 of the charter of the City of Carlin, as amended by chapter 306, Statutes of Nevada 1973, at page 381, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. The board of councilmen, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Offstreet parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
[8.] 9. Storm sewer projects;
[9.] 10. Street projects;
[10.] 11. Underground electric and communication facilities;
12. Underpass projects;
[11.] 13. Water projects; and
[12. Underground electric and communication facilities.
13.] 14. Any combination of such projects.
Sec. 8. Section 6.010 of the charter of Carson City, as last amended by chapter 690, Statutes of Nevada 1979, at page 1864, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. The board, upon behalf of one or more of the taxing districts, and in their name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize, within or without such districts, or both within or without such districts:
κ1983 Statutes of Nevada, Page 873 (CHAPTER 361, AB 550)κ
any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize, within or without such districts, or both within or without such districts:
1. Curb and gutter projects;
2. Drainage projects;
3. Offstreet parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
[8.] 9. Storm sewer projects;
[9.] 10. Street projects;
[10.] 11. Underground electric and communication facilities;
12. Underpass projects; and
[11.] 13. Water projects . [; and
12. Underground electric and communication facilities.]
Sec. 9. Section 6.010 of the charter of the City of Elko, as amended by chapter 306, Statutes of Nevada 1973, at page 381, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. The board of supervisors, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Offstreet parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
[8.] 9. Storm sewer projects;
[9.] 10. Street projects;
[10.] 11. Underground electric and communication facilities;
12. Underpass projects; and
[11.] 13. Water projects . [; and
12. Underground electric and communication facilities.]
Sec. 10. Section 6.010 of the charter of the City of Gabbs, as amended by chapter 306, Statutes of Nevada 1973, at page 379, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. The board of councilmen, on behalf of the city, and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Offstreet parking projects;
κ1983 Statutes of Nevada, Page 874 (CHAPTER 361, AB 550)κ
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
[8.] 9. Storm sewer projects;
[9.] 10. Street projects;
[10.] 11. Underground electric and communication facilities;
12. Underpass projects; and
[11.] 13. Water projects . [; and
12. Underground electric and communication facilities.]
Sec. 11. Section 6.010 of the charter of the City of Henderson, as amended by chapter 306, Statutes of Nevada 1973, at page 380, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. The city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Offstreet parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
[8.] 9. Storm sewer projects;
[9.] 10. Street projects;
[10.] 11. Underground electric and communication facilities;
12. Underpass projects; and
[11.] 13. Water projects . [; and
12. Underground electric and communication facilities.]
Sec. 12. Section 6.010 of the charter of the City of Las Vegas, as last amended by chapter 752, Statutes of Nevada 1973, at page 1576, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. The board of commissioners, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Offstreet parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
κ1983 Statutes of Nevada, Page 875 (CHAPTER 361, AB 550)κ
[8.] 9. Storm sewer projects;
[9.] 10. Street projects;
[10. Underpass projects;
11. Water projects;
12. Underground electric and communication facilities; and
13.] 11. Street lights.
12. Underground electric and communication facilities;
13. Underpass projects; and
14. Water projects.
Sec. 13. Section 6.010 of the charter of the City of North Las Vegas, as amended by chapter 306, Statutes of Nevada 1973, at page 384, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. The city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Offstreet parking projects;
4. Overpass projects;
5. Library, park or recreation projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
[8.] 9. Storm sewer projects;
[9.] 10. Street projects;
[10.] 11. Underground electric and communication facilities;
12. Underpass projects; and
[11.] 13. Water projects . [; and
12. Underground electric and communication facilities.]
Sec. 14. Section 6.010 of the charter of the City of Reno, as amended by chapter 306, Statutes of Nevada 1973, at page 384, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. The city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Offstreet parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
[8.] 9. Storm sewer projects;
[9.] 10. Street projects;
κ1983 Statutes of Nevada, Page 876 (CHAPTER 361, AB 550)κ
[10.] 11. Underground electric and communication facilities;
12. Underground projects; and
[11.] 13. Water projects . [; and
12. Underground electric and communication facilities.]
Sec. 15. Section 6.010 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 738, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. The city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain:
1. Curb and gutter projects;
2. Drainage projects;
3. Offstreet parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
[8.] 9. Storm sewer projects;
[9.] 10. Street projects;
[10.] 11. Underground electric and communication facilities;
12. Underpass projects; and
[11.] 13. Water projects . [; and
12. Underground utility and communication lines.]
Sec. 16. Section 6.010 of the charter of the City of Wells, as amended by chapter 306, Statutes of Nevada 1973, at page 380, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. The board of councilmen on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Offstreet parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
[8.] 9. Storm sewer projects;
[9.] 10. Street projects;
[10.] 11. Underground electric and communication facilities;
12. Underpass projects; and
[11.] 13. Water projects . [; and
12. Underground electric and communication facilities.]
κ1983 Statutes of Nevada, Page 877 (CHAPTER 361, AB 550)κ
Sec. 17. Section 6.010 of the charter of the City of Yerington, as amended by chapter 306, Statutes of Nevada 1973, at page 382, is hereby amended to read as follows:
Sec. 6.010 Local improvement law. The city council, on behalf of the city and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize:
1. Curb and gutter projects;
2. Drainage projects;
3. Offstreet parking projects;
4. Overpass projects;
5. Park projects;
6. Sanitary sewer projects;
7. Security walls;
8. Sidewalk projects;
[8.] 9. Storm sewer projects;
[9.] 10. Street projects;
[10.] 11. Underground electric and communication facilities;
12. Underpass projects; and
[11.] 13. Water projects . [; and
12. Underground electric and communication facilities.]
________
Senate Bill No. 230Senators Ashworth and Gibson
CHAPTER 362
AN ACT relating to property tax; requiring each county to prepare and mail individual tax bills which include an itemized list explaining the distribution of those taxes; and providing other matters properly relating thereto.
[Approved May 18, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.465 is hereby amended to read as follows:
361.465 1. Immediately upon the levy of the tax rate the county clerk shall inform the county auditor of the action of the board of county commissioners. The county auditor shall proceed to extend the tax roll by : [applying]
(a) Applying the tax rate levied to the total assessed valuation ; [and ascertaining]
(b) Ascertaining the total taxes to be collected from each property owner [.] ; and
(c) Itemizing, separately for each property owner, the rate of tax applicable to him which is levied for each local government, debt service and any other recipient of the tax revenue so that the distribution of the total rate of tax levied upon his property is shown.
2. When the tax roll has been so extended, and not later than June 15 of each year, the county auditor shall deliver it, with his certificate attached, to the ex officio tax receiver of the county.
κ1983 Statutes of Nevada, Page 878 (CHAPTER 362, SB 230)κ
15 of each year, the county auditor shall deliver it, with his certificate attached, to the ex officio tax receiver of the county.
Sec. 2. NRS 361.480 is hereby amended to read as follows:
361.480 1. Upon receiving the assessment roll from the county auditor, the ex officio tax receiver shall proceed to receive taxes.
2. He shall give notice forthwith by publication in some newspaper published in his county, and if none is so published then by posting notices in three public and conspicuous places in the county, specifying:
(a) The dates when taxes are due; and
(b) The penalties for delinquency.
3. He shall mail to each property owner, or to the holder of the mortgage on that property, an individual tax bill which includes all of the information supplied to him by the county auditor. If the holder of a mortgage receives such a bill on behalf of a property owner, he shall forward the bill or a copy thereof to the owner in the next notice of billing sent to the owner for the mortgage. Failure to receive an individual tax bill does not excuse the taxpayer from the timely payment of his taxes.
________
Assembly Bill No. 240Assemblymen Marvel and Bergevin
CHAPTER 363
AN ACT relating to the taxation of the net proceeds of mines; removing the requirement for payment of estimated tax; removing the penalty for a deficiency in the estimate; and providing other matters properly relating thereto.
[Approved May 18, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 362.110 is hereby amended to read as follows:
362.110 1. Every person, corporation or association operating any mine in this state containing gold, silver, copper, zinc, lead or other valuable mineral or mineral deposit, whether metallic or nonmetallic, and every recipient of royalty payments in connection with any mining operation:
(a) Shall, on or before February 15 of each year, except as provided in paragraph (b), file with the department a statement showing the gross yield and claimed net proceeds from each mine owned, worked or operated by that person, corporation or association during the calendar year immediately preceding the year in which the statement is filed.
(b) May have up to 30 additional days to file the statement, if beforehand he makes written application to the department and the department finds good cause for the extension.
2. The statement must:
(a) Show the claimed deductions from the gross yield in the detail set forth in NRS 362.120.
κ1983 Statutes of Nevada, Page 879 (CHAPTER 363, AB 240)κ
forth in NRS 362.120. The deductions are limited to the costs incurred during the period covered by the statement.
(b) Be in the form prescribed by the department.
(c) Be verified by the manager, superintendent, secretary or treasurer of the corporation, or by the owner of the mine, or, if the owner is a natural person, by someone authorized in his behalf.
3. [On or before August 31 of each year, each person, corporation or association who owns, works or operates any mine in this state shall file with the department a statement showing the estimated gross yield and estimated net proceeds from each mine owned, worked or operated by him for the entire current calendar year. At the same time, each owner or operator shall pay to the county in which each mine is located 50 percent of the estimated annual tax for that year. Upon receipt of that payment, the county shall issue its receipt to the taxpayer and transmit a copy thereof to the department. The estimated payments must be applied against the taxpayers final obligation for that calendar year. Any overpayment resulting must be refunded to the taxpayer. If the estimated tax payment proves to be less than 50 percent of the taxpayers final obligation for that calendar year, the county shall assess a penalty of 10 percent of the amount of the deficiency, but thereafter may waive the penalty for good cause shown.
4.] Each recipient of royalty payments as described in subsection 1 shall annually file with the department a list showing each of the lessees responsible for taxes due in connection with the mine or mines included in the statement filed pursuant to subsections 1 and 2 . [of this section.]
________
Assembly Bill No. 399Assemblyman Bourne
CHAPTER 364
AN ACT relating to insurance; requiring an insurer to pay benefits to the assignee under a policy for health insurance or for group or blanket health insurance; requiring an insurer to pay the assignee if a payment is made erroneously to an insured; and providing other matters properly relating thereto.
[Approved May 18, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 689A of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A person insured under a policy of health insurance may assign his right to benefits to the provider of health care who provided the services covered by the policy. The insurer shall pay all or the part of the benefits assigned by the insured to the person designated by him. A payment made pursuant to this subsection discharges the insurers obligation to pay those benefits.
2. If the insured makes an assignment under this section, but the insurer after receiving a copy of the assignment pays the benefits to the insured, the insurer shall also pay those benefits to the provider of health care who received the assignment as soon as the insurer receives notice of the incorrect payment.
κ1983 Statutes of Nevada, Page 880 (CHAPTER 364, AB 399)κ
insured, the insurer shall also pay those benefits to the provider of health care who received the assignment as soon as the insurer receives notice of the incorrect payment.
3. For the purpose of this section, provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 2. NRS 689B.040 is hereby amended to read as follows:
689B.040 1. Any group health policy may provide that all or any portion of any indemnities provided by any such policy on account of hospital, nursing, medical or surgical services, home health care or [health] supportive services [may, at the insurers option,] :
(a) May, at the insurers option; or
(b) Must, upon the written request of the insured,
be paid directly to the hospital or person rendering [such] the services. Payments [so made shall] made in this manner discharge the insurers obligation.
2. If the insured assigns his benefits pursuant to this section but the insurer after receiving a copy of the assignment pays the benefits to the insured, the insurer shall also pay the benefits to the assignee as soon as the insurer receives the notice of the incorrect payment.
Sec. 3. NRS 689B.100 is hereby amended to read as follows:
689B.100 1. Except as provided in subsection 2, all benefits under any blanket health policy or contract [shall] must be payable to the person insured, or to his designated beneficiary or beneficiaries, or to his estate, except that if the person insured is a minor or otherwise not competent to give a valid release, [such] these benefits may be made payable to his parent, guardian or other person actually supporting him.
2. The policy may provide that all or a portion of any indemnities provided by any such policy on account of hospital, nursing, medical or surgical services, home health care or [health] supportive services [may,] :
(a) May, at the option of the insurer and unless the insured requests otherwise in writing not later than the time of filing proofs of such loss [,] ; or
(b) Must, upon the written request of the insured,
be paid directly to the hospital or person rendering [such services; but the] those services. The policy may not require that the service be rendered by a particular hospital or person. Payment so made [shall discharge] discharges the obligation of the insurer with respect to the amount of insurance so paid.
3. If the insured assigns his benefits pursuant to this section but the insurer after receiving a copy of the assignment pays the benefits to the insured, the insurer shall also pay the benefits to the assignee as soon as the insurer receives the notice of the incorrect payment.
________
κ1983 Statutes of Nevada, Page 881κ
Senate Bill No. 318Senator Wilson
CHAPTER 365
AN ACT relating to deceptive trade practices; expanding the authority of the director of the department of commerce; including misrepresentations concerning investments in the definition of deceptive trade practices; and providing other matters properly relating thereto.
[Approved May 18, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Director means the director of the department of commerce.
Sec. 3. The director may, in one or more particular cases, delegate his powers and duties under the provisions of NRS 598.360 to 598.640 to any person under his direct supervision and direction.
Sec. 4. NRS 598.360 is hereby amended to read as follows:
598.360 As used in NRS 598.360 to 598.640, inclusive, and section 3 of this act unless the context otherwise requires, the words and terms defined in NRS 598.370 to 598.480, inclusive, and section 2 of this act have the meanings ascribed to them in [such] those sections.
Sec. 5. NRS 598.410 is hereby amended to read as follows:
598.410 A person engages in a deceptive trade practice when in the course of his business or occupation he:
1. Knowingly passes off goods or services as those of another.
2. Knowingly makes a false representation as to the source, sponsorship, approval or certification of goods or services.
3. Knowingly makes a false representation as to affiliation, connection, association with or certification by another.
4. Uses deceptive representations or designations of geographic origin in connection with goods or services.
5. Knowingly makes a false representation as to the characteristics, ingredients, uses, benefits, alterations or quantities of goods or services or a false representation as to the sponsorship, approval, status, affiliation or connection of a person therewith.
6. Represents that goods are original or new if he knows or should know that they are deteriorated, altered, reconditioned, reclaimed, used or secondhand.
7. Represents that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if he knows or should know that they are of another.
8. Disparages the goods, services or business of another by false or misleading representation of fact.
9. Advertises goods or services with intent not to sell them as advertised.
κ1983 Statutes of Nevada, Page 882 (CHAPTER 365, SB 318)κ
10. Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity.
11. Advertises under the guise of obtaining sales personnel when in fact the purpose is to first sell a product or service to the sales personnel applicant.
12. Makes false or misleading statements of fact concerning the price of goods or services, or the reasons for, existence of or amounts of price reductions.
13. Employs bait and switch advertising, which consists of an attractive but insincere offer to sell a product or service which the seller in truth does not intend or desire to sell, accompanied by one or more of the following practices:
(a) Refusal to show the product advertised.
(b) Disparagement in any material respect of the advertised product or the terms of sale.
(c) Requiring tie-in sales or other undisclosed conditions to be met prior to selling the advertised product or service.
(d) Refusal to take orders for the product advertised for delivery within a reasonable time.
(e) Showing or demonstrating a defective product which is unusable or impractical for the purposes set forth in the advertisement.
(f) Accepting a deposit for the product and subsequently switching the purchase order to a higher priced item.
(g) Failure to make deliveries of the product within a reasonable time or to make a refund therefor.
14. Knowingly fails to identify flood-damaged or water-damaged goods as to such damages.
15. Solicits by telephone or door to door as a seller, unless the seller identifies himself, whom he represents and the purpose of his call within 30 seconds after beginning the conversation.
16. Knowingly states that services, replacement parts or repairs are needed when no such services, replacement parts or repairs are actually needed.
17. Advertises or offers an opportunity for investment and:
(a) Represents that the investment is guaranteed, secured or protected in a manner which he knows or has reason to know, is false or misleading;
(b) Represents that the investment will earn a rate of return which he knows or has reasons to know is false or misleading;
(c) Makes any untrue statement of a material fact or omits to state a material fact which is necessary to make another statement, considering the circumstances under which it is made, not misleading;
(d) Fails to maintain adequate records so that an investor may determine how his money is invested;
(e) Fails to provide information to an investor after a reasonable request for information concerning his investment;
(f) Fails to comply with any law or regulation for the marketing of securities or other investments; or
κ1983 Statutes of Nevada, Page 883 (CHAPTER 365, SB 318)κ
(g) Represents that he is licensed by an agency of the state to sell or offer for sale investments or services for investments if he is not so licensed.
Sec. 6. NRS 598.510 is hereby amended to read as follows:
598.510 When the commissioner or the director has cause to believe that any person has engaged or is engaging in any deceptive trade practice, he may:
1. Request [such] the person to file a statement or report in writing under oath or otherwise, on such forms as [shall] may be prescribed by the commissioner [,] or the director, as to all facts and circumstances concerning the sale or advertisement of property by [such] the person, and such other data and information as he may deem necessary.
2. Examine under oath any person in connection with the sale or advertisement of any property.
3. Examine any property or sample thereof, record, book, document, account or paper as he may deem necessary.
4. Make true copies, at the expense of the consumer affairs division of the department of commerce, of any record, book, document, account or paper examined, as provided in subsection 3 of this section, which copies may be offered into evidence in lieu of the originals thereof in actions brought pursuant to NRS 598.530 and 598.540.
5. Pursuant to an order of any district court, impound any sample of property which is material to [such] the deceptive trade practice and retain the property in his possession until completion of all proceedings as provided in NRS 598.360 to 598.640, inclusive. An order [shall] may not be issued pursuant to this subsection unless the commissioner or the director and the court give the accused full opportunity to be heard and unless the commissioner or director proves by clear and convincing evidence that the business activities of the accused will not be impaired thereby.
Sec. 7. NRS 598.520 is hereby amended to read as follows:
598.520 1. The commissioner [,] and the director, in addition to other powers conferred upon [him] them by NRS 598.360 to 598.640, inclusive, may issue subpenas to require the attendance of witnesses or the production of documents, conduct hearings in aid of any investigation or inquiry and prescribe such forms and adopt such regulations as may be necessary to administer the provisions of NRS 598.360 to 598.640, inclusive.
2. Service of any notice or subpena must be made as provided in N.R.C.P. 45(c).
Sec. 8. NRS 598.530 is hereby amended to read as follows:
598.530 If any person fails to cooperate with any investigation, as provided in NRS 598.510, or if any person fails to obey a subpena issued by the commissioner [,] or the director, the commissioner or the director may apply to any district court for equitable relief. [Such application shall] The application must state reasonable grounds showing that [such] the relief is necessary to terminate or prevent a deceptive trade practice.
κ1983 Statutes of Nevada, Page 884 (CHAPTER 365, SB 318)κ
deceptive trade practice. If the court is satisfied of [such] the reasonable grounds, the court may:
1. Grant injunctive relief restraining the sale or advertisement of any property by [such] the person.
2. Require the attendance of or the production of documents by [such] the person, or both.
3. Grant other relief necessary to compel compliance by [such] the person.
Sec. 9. NRS 598.540 is hereby amended to read as follows:
598.540 1. Notwithstanding the requirement of knowledge as an element of any practice enumerated in NRS 598.410 as a deceptive trade practice, when the commissioner or director has cause to believe that a person has engaged or is engaging in any of the practices enumerated in NRS 598.410, knowingly or otherwise, he may apply for an injunction or temporary restraining order, as provided in N.R.C.P. 65, prohibiting [such] the person from continuing such practices. The court may make orders or judgments necessary to prevent the use by [such] the person of any such deceptive trade practice or to restore to any other person any money or property which may have been acquired by [such] the deceptive trade practices.
2. When the commissioner or director has the authority to institute a civil action or other proceeding, in lieu thereof or as a part thereof, he may accept an assurance of discontinuance of any deceptive trade practice. [Such] This assurance may include a stipulation for the voluntary payment by the alleged violator of the costs of investigation and the costs of instituting the action or proceeding and for the voluntary restitution of any money or property acquired by deceptive trade practices. Except as provided in [the next sentence,] this subsection, any [such] assurance of discontinuance accepted by the commissioner or director and any [such] stipulation filed with the court [shall be] is confidential to the parties to [such] the action or proceeding and to the court and its employees. Upon final judgment by the court that an injunction or a temporary restraining order, issued as provided in subsection 1 of this section, has been violated, an assurance of discontinuance has been violated or a person has engaged in the same deceptive trade practice as had previously been enjoined, the assurance of discontinuance or stipulation [shall become] becomes a public record. Proof by a preponderance of evidence of a violation of [such] an assurance constitutes prima facie evidence of a deceptive trade practice for the purpose of any civil action or proceeding brought thereafter by the commission [,] or director, whether a new action or a subsequent motion or petition in any pending action or proceeding.
Sec. 10. NRS 598.550 is hereby amended to read as follows:
598.550 1. NRS 598.360 to 598.640, inclusive, do not prohibit the commissioner or director from disclosing to any district attorney or law enforcement officer the fact that a crime has been committed by any person, if this fact has become known as a result of any investigation conducted pursuant to the provisions of NRS 598.360 to 598.640, inclusive.
2. Subject to the provisions of subsection 2 of NRS 598.540, the commissioner [shall] or director may not make public the name of any person alleged to have committed a deceptive trade practice.
κ1983 Statutes of Nevada, Page 885 (CHAPTER 365, SB 318)κ
commissioner [shall] or director may not make public the name of any person alleged to have committed a deceptive trade practice. This subsection does not prevent the commissioner or director from issuing public statements describing or warning of any course of conduct which constitutes a deceptive trade practice.
Sec. 11. NRS 598.560 is hereby amended to read as follows:
598.560 1. [Prior to] Before instituting any action pursuant to NRS 598.570 to 598.630, inclusive, the district attorney shall ascertain whether or not the action in question is subject to the regulatory authority of any state agency, board, official or other authority established by virtue of the Nevada Revised Statutes except the regulatory or administrative authority provided to the commissioner [of consumer affairs] or director by NRS 598.360 to 598.640, inclusive.
2. If [such] the action is subject to such regulatory authority or any regulation [duly] adopted [and promulgated] or any statutes administered by any state regulatory agency, board, official or other authority as provided in subsection 1, the district attorney shall not institute any proceeding under NRS 598.570 to 598.630, inclusive, until [such] the state agency, board, official or other state regulatory authority has had reasonable time to investigate or take any appropriate action with respect to the alleged facts.
3. For the purposes of this section, a reasonable time has elapsed if no final action or other disposition is made of any matter otherwise falling within the provisions of NRS 598.360 to 598.640, inclusive, within 30 days after [such] the matter is referred to or brought to the attention of any state agency, board, official or other regulatory authority except the commissioner [of consumer affairs.] or director.
4. This section does not prohibit the district attorney of any county from filing an action pursuant to the provisions of NRS 598.570 to 598.600, inclusive, if the referral of any matters subject to the provisions of NRS 598.360 to 598.640, inclusive, to any state agency, board, official or other regulatory authority would cause immediate harm to the public of this state or endanger the public health, safety or welfare, and such facts are shown by affidavit or by verified complaint.
Sec. 12. NRS 598.570 is hereby amended to read as follows:
598.570 Notwithstanding the requirement of knowledge as an element of any practice enumerated in NRS 598.410 as a deceptive trade practice, and notwithstanding the enforcement powers granted to the commissioner or director pursuant to NRS 598.360 to 598.640, inclusive, whenever the district attorney of any county has reason to believe that any person is using, has used or is about to use any of the practices enumerated in NRS 598.410, knowingly or otherwise, he may bring an action in the name of the State of Nevada against [such] that person to obtain a temporary or permanent injunction against [such] the deceptive trade practice.
Sec. 13. NRS 598.640 is hereby amended to read as follows:
598.640 1. Any person who violates any court order or injunction issued pursuant to NRS 598.360 to 598.630, inclusive, upon a complaint brought by the commissioner , director or the district attorney of any county of this state shall forfeit and pay to the state general fund [in the state treasury] a civil penalty of not more than $10,000 for each violation.
κ1983 Statutes of Nevada, Page 886 (CHAPTER 365, SB 318)κ
fund [in the state treasury] a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing any such order or injunction shall retain jurisdiction over [any such] the action or proceeding. Such civil penalties [shall be] are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.360 to 598.630, inclusive.
2. In any action brought pursuant to NRS 598.540 and NRS 598.570 to 598.600, inclusive, if the court finds that any person has willfully engaged in a deceptive trade practice enumerated in NRS 598.410, the commissioner , director or the district attorney of any county in this state bringing such action may recover a civil penalty not to exceed $2,500 for each violation.
3. Any person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice enumerated in NRS 598.410 shall be punished:
(a) For the first or second offense, for a misdemeanor.
(b) For the third offense and all subsequent offenses, for a gross misdemeanor.
4. As used in this section the term violation includes a repetitive or continuous violation arising out of the same act.
________
Senate Bill No. 161Senators Mello, Townsend, Wilson, Horn, Foley, Robinson and Raggio
CHAPTER 366
AN ACT relating to public utilities; requiring certain utilities which supply electricity to submit plans containing predictions of future demands for their services and appropriate measures for acquiring resources to meet or reduce those demands; and providing other matters properly relating thereto.
[Approved May 18, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. The application of sections 3 to 5, inclusive, of this act is limited to any public utility in the business of supplying electricity which has an annual operating revenue in this state of $2,500,000 or more.
Sec. 3. 1. A utility which supplies electricity in this state shall, on or before July 1 of every even-numbered year, submit a plan to increase its supply of electricity or decrease the demands made on its system by its customers to the commission.
2. The commission shall, by regulation, prescribe the contents of such a plan including, but not limited to, the methods or formulas which are used by the utility to:
(a) Forecast the future demands; and
(b) Determine the best combination of sources of supply to meet the demands or the best method to reduce them.
κ1983 Statutes of Nevada, Page 887 (CHAPTER 366, SB 161)κ
Sec. 4. 1. Not more than 60 days after a utility has filed its plan, the commission shall convene a public hearing on the adequacy of the plan.
2. At the hearing any interested person may make comments to the commission regarding the contents and adequacy of the plan.
3. After the hearing the commission shall determine whether:
(a) The utilitys forecast requirements are based on substantially accurate data and an adequate method of forecasting;
(b) The plan identifies and takes into account any present and projected reductions in the demand for energy which may result from measures for conservation and management of loads in the industrial, commercial, residential and energy producing sectors of the area being served; and
(c) The utilitys plan shows an adequate consideration of the following possible measures and sources of supply:
(1) Conservation;
(2) Load management;
(3) Pooling of power;
(4) Purchases of power from neighboring states or countries;
(5) Facilities which operate on solar or geothermal energy or wind; and
(6) Facilities which operate on the principle of cogeneration or hydrogeneration.
Sec. 5. 1. Within 105 days after a utility has filed its plan, the commission shall issue an order accepting the plan as filed or specifying any portions of the plan which it deems to be inadequate.
2. All prudent and reasonable expenditures made to develop the utilitys plan, including environmental, engineering and other studies, must be recovered from the rates charged to the utilitys customers.
Sec. 6. NRS 704.890 is hereby amended to read as follows:
704.890 1. The commission shall render a decision upon the record either granting or denying the application as filed, or granting it upon such terms, conditions or modifications of the construction, operation or maintenance of the utility facility as the commission may deem appropriate. The commission may not grant a permit for the construction, operation and maintenance of a utility facility, either as proposed or as modified by the commission, unless it finds and determines:
(a) The basis for the need of the facility;
(b) The nature of the probable environmental impact;
(c) That the facility represents the minimum adverse environmental impact, considering the state of available technology and the nature and economics of the various alternatives, and other pertinent considerations;
(d) That the location of the facility as proposed conforms to applicable state and local laws and regulations issued thereunder; [and]
(e) That the facility will serve the public interest [.] ; and
(f) That if the facility or a part thereof is intended to meet the requirements of customers in this state for electricity, it is included in the utilitys plan to increase its supply of electricity or decrease the demands made on its system by its customers.
κ1983 Statutes of Nevada, Page 888 (CHAPTER 366, SB 161)κ
the utilitys plan to increase its supply of electricity or decrease the demands made on its system by its customers.
2. If the commission determines that the location of all or a part of the proposed facility should be modified, it may condition its permit upon such a modification.
3. A copy of the order and any opinion issued [therewith shall] with it must be served upon each party.
________
Senate Bill No. 369Senators Robinson, Hickey, Foley and Wagner
CHAPTER 367
AN ACT relating to compensation for victims of crime; providing for a preliminary award and specifying limitations on the award; and providing other matters properly relating thereto.
[Approved May 18, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 217 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A person is eligible for a preliminary award under this section if his income, including any benefits or pensions, is not more than $750 per month. The board may require an applicant to submit proof of his monthly income.
2. A person may request a preliminary award in his application to the board for compensation. A preliminary award may be made to:
(a) Replace money lost as a direct consequence of criminal action if the applicant needs to replace the lost money to pay his expenses for the next 30 days. An award pursuant to this paragraph must not exceed $400.
(b) Pay for the replacement or repair of lost or damaged property which is essential to the physical or psychological health of the applicant. An award pursuant to this paragraph must not exceed $1,000.
A preliminary award must be granted if the applicant submits sufficient evidence to establish a prima facie case for granting compensation pursuant to NRS 217.010 to 217.270, inclusive, and to satisfy the requirements of this section.
3. The board shall refer the application for a preliminary award and any supporting documents to a compensation officer within 2 working days after the application is received. The compensation officer shall investigate the application and:
(a) Grant a preliminary award; or
(b) Submit a report to a hearing officer recommending that the application be denied,
within 5 days after receiving the application. The hearing officer shall render a decision on any report submitted to him within 3 days after its receipt.
κ1983 Statutes of Nevada, Page 889 (CHAPTER 367, SB 369)κ
4. The amount of any preliminary award must be deducted from any award subsequently granted.
Sec. 2. NRS 217.020 is hereby amended to read as follows:
217.020 As used in NRS 217.010 to 217.270, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 217.030 to 217.070, inclusive, have the meanings ascribed to them in those sections.
________
Senate Bill No. 145Senators Wagner, Raggio, Mello, Townsend, Foley, Horn, Hickey, Robinson, Neal, Ashworth, Glaser, Faiss, Hernstadt, Bilbray, Jacobsen, Ryan, Blakemore, Gibson, Glover, Wilson and Lamb
CHAPTER 368
AN ACT relating to criminal procedure; requiring certain assistance be provided for victims of crime and witnesses who cooperate with the prosecuting attorney; and providing other matters properly relating thereto.
[Approved May 18, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 169 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in sections 3 to 7, inclusive, of this act, victim of a crime or victim includes a relative of any person:
1. Against whom a crime has been committed; or
2. Who has been injured or killed as a direct result of the commission of a crime.
For the purpose of this section, relative has the meaning ascribed to it in NRS 217.060.
Sec. 3. If a victim of a crime or a witness is cooperating with the prosecuting attorney in a criminal case and reasonably apprehends that he may suffer threats of harm or harm arising out of that cooperation, the sheriff of the county or the chief of police of the city shall, upon the written request of the victim or witness, investigate the circumstances, take adequate measures to protect him where appropriate, and inform him of the level of protection being provided.
Sec. 4. 1. If it is difficult for such a victim or witness to assist in an investigation or cooperate with the prosecuting attorney because he is being harassed, intimidated or subjected to conflicting requirements by his employer, the prosecuting attorney, sheriff or chief of police shall, upon the written request of the victim or witness, intercede on his behalf to minimize any loss of pay or other benefits which would result from his assistance or appearances in court.
2. If a proceeding in court to which such a victim or witness has been subpenaed will not go on as scheduled, the prosecuting attorney shall:
(a) Make a reasonable effort to notify him of that fact; or
κ1983 Statutes of Nevada, Page 890 (CHAPTER 368, SB 145)κ
(b) Provide a system of notification which allows the victim or witness to call by telephone and receive such information.
In any case, the prosecuting attorney shall, if the victim or witness so requests in writing and provides his current address, ensure that written notice is mailed to that address. If written notice would not be timely, the prosecuting attorney shall make a reasonable effort to notify the victim or witness by some other means.
Sec. 5. 1. A court trying a criminal case shall provide victims and witnesses a secure waiting area which is not used by the members of the jury or the defendant and his family and friends.
2. A court or law enforcement agency which has custody of any stolen or other personal property belonging to such a victim or witness shall:
(a) Upon the written request of the victim or witness, make available to him a list describing the property held in custody, unless it is shown that the disclosure of the identity or nature of the property would seriously impede the investigation of the crime; or
(b) Return the property to him expeditiously when it is no longer needed as evidence.
Sec. 6. The prosecuting attorney shall inform each such witness of the fee to which he is entitled for testifying and how to obtain the fee.
Sec. 7. 1. The prosecuting attorney, sheriff or chief of police shall, upon the written request of each such victim or witness, inform him:
(a) When the defendant is released from custody at any time before or during the trial;
(b) If the defendant is so released, the amount of bail required, if any; and
(c) Of the final disposition of the criminal case in which he was directly involved.
2. If the crime was a felony and the offender is imprisoned, the warden of the prison shall, if the victim or witness so requests in writing and provides his current address, notify him at that address when the offender is released from the prison. If a current address is not provided, the warden may not be held responsible if this information is not received by the victim or witness.
________
κ1983 Statutes of Nevada, Page 891κ
Senate Bill No. 386Senators Foley, Wagner, Horn and Mello
CHAPTER 369
AN ACT relating to procedure in criminal cases; permitting the attendance of a person to support the prosecuting witness at the preliminary hearing and trial in a case involving sexual assault, statutory sexual seduction, incest, lewdness or indecent exposure; and providing other matters properly relating thereto.
[Approved May 18, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 178 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A prosecuting witness in a case involving a violation of NRS 200.366, 200.368, 201.180, 201.210, 201.220 or 201.230 may designate an attendant who must be allowed to attend the preliminary hearing and the trial during the witness testimony to provide support. The person so designated must not himself be a witness in the proceedings.
2. Except as otherwise provided in this subsection, the attendant must not be a reporter or editorial employee of any newspaper, periodical or press association or an employee of any radio or television station. The parent, child, brother or sister of the prosecuting witness may serve as the witness attendant whether or not he is a person described in the preceding sentence, but no attendant may make notes during the hearing or trial.
3. If the attendant influences or affects, or attempts to influence or affect, in any manner the testimony of the prosecuting witness during the giving of testimony, the court shall exclude that attendant and allow the witness to designate another attendant.
4. The defendant may move to exclude a particular attendant for good cause, and the court shall hear the motion out of the presence of the jury, if any. If the court grants the motion, the prosecuting witness may designate another attendant.
Sec. 2. NRS 171.204 is hereby amended to read as follows:
171.204 The magistrate may, upon the request of the defendant, exclude from the examination every person except his clerk, the prosecutor and his counsel, the attorney general, the district attorney of the county, the defendant and his counsel, the witness who is testifying, the officer having the defendant or a witness in his custody, an attendant to a prosecuting witness designated pursuant to section 1 of this act and any other person whose presence is found by the magistrate to be necessary for the proper conduct of the examination.
________
κ1983 Statutes of Nevada, Page 892κ
Senate Bill No. 410Committee on Finance
CHAPTER 370
AN ACT relating to the University of Nevada; authorizing the construction of a center for fine arts and the issuance of revenue bonds to pay a portion of the cost thereof; and providing other matters properly relating thereto.
[Approved May 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Except as otherwise provided in this act, terms used or referred to in this act are defined in the University Securities Law; but the terms defined in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, have the meaning ascribed to them in those sections.
Sec. 2. Net pledged revenues means all the pledged revenues, as defined in sections 3 and 4 of this act, without any deduction of any expenses of operation and maintenance except as provided in the definition of pledged revenues.
Sec. 3. Pledged revenues means in connection with securities issued pursuant to this act to finance in part the project designated in section 5 of this act:
1. The gross revenues derived from or otherwise pertaining to the operation of any one, all, or other combination of facilities of the types enumerated in NRS 396.828 and situate on the campuses of the universities known as the University of Nevada, Reno, and the University of Nevada, Las Vegas, which revenues the board, by the resolution authorizing the securities issued pursuant to this act, determines to pledge for the payment of the securities, after the deduction of the expenses of operation and maintenance of those facilities pertaining to such pledged revenues; and
2. The gross revenues derived from the imposition and collection of the fees payable by the students attending those two universities designated in NRS 396.8395, subject to the limitation provided in subsection 5 of NRS 396.840.
Sec. 4. 1. Pledged revenues includes, in connection with students attending the two universities, any student fees authorized by law after the effective date of this section, all grants, conditional or unconditional, from the Federal Government for the payment of any securities requirements, if any, and net revenues, if any, to be derived from the operations of income-producing facilities of the university or the board or from other available sources, and to which fees, grants and revenues, the pledge and lien provided for the payment of the securities authorized in this act and any other securities payable therefrom are extended after the effective date of this section.
2. Pledged revenues indicates a source of revenues and does not necessarily indicate all or any portion or other part of such revenues in the absence of further qualification.
Sec. 5. Project means the construction, other acquisition and improvement (or any combination thereof) of buildings, structures and other facilities required or desired by the university as a center for fine arts on the campus of the University of Nevada, Reno, equipment and furnishings therefor, and other appurtenances relating thereto.
κ1983 Statutes of Nevada, Page 893 (CHAPTER 370, SB 410)κ
improvement (or any combination thereof) of buildings, structures and other facilities required or desired by the university as a center for fine arts on the campus of the University of Nevada, Reno, equipment and furnishings therefor, and other appurtenances relating thereto.
Sec. 6. 1. The board, on behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:
(a) To finance the project by an expenditure of not to exceed $6,048,000; and to defray in part the cost of the project by the issuance of bonds and other securities of the university in a total principal amount not exceeding $5,000,000.
(b) To issue those bonds and other securities in connection with the projects in one series or more at any time or from time to time but not later than 5 years after the effective date of this section, as the board may determine, and consisting of special obligations of the university payable from the net pledged revenues authorized by this act and possibly subsequently other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraph (a);
(c) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including without limitation proceeds of securities authorized by this act; and
(d) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by this act except as otherwise expressly provided in this act.
2. This act does not prevent the board from funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.
Sec. 7. 1. All phases of the planning, design, construction and equipment of the project are subject to supervision by the state public works board in accordance with the provisions of chapter 341 of NRS.
2. The state public works board shall ensure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to acquire the facilities resulting from the project and, if necessary, to assist in the preparation of contract documents necessary to the acquisition of such facilities.
3. All work authorized by this act must be approved by the state public works board, and each contract document pertaining to each subproject must be approved by the attorney general.
4. The state public works board shall advertise, in a newspaper or newspapers of general circulation in the State of Nevada, for sealed bids for the project. Approved plans and specification for the project must be on file at places and times stated in the advertisements for the inspection of all persons desiring to bid thereon and for other interested persons. The state public works board may accept bids either on the whole or on part or parts of the project and may let separate contracts for different and separate portions of the project to the lowest bidder thereon, but any and all bids may be rejected for any good reason.
κ1983 Statutes of Nevada, Page 894 (CHAPTER 370, SB 410)κ
Sec. 8. The powers conferred by this act are in addition to and supplemental to, and the limitations imposed by those sections do not affect the powers conferred by any other law, general or special; and securities may be issued under this act without regard to the procedure required by any other such law except as otherwise provided in this act or in the University Securities Law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of those sections control.
Sec. 9. This act, being necessary to secure and preserve the public health, safety, convenience and welfare, shall be liberally construed to effect its purposes.
Sec. 10. If any provisions of this act or the applications thereof to any person, thing or circumstances is held invalid, the invalidity does not affect the provisions or application of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.
Sec. 11. This act shall become effective upon passage and approval.
________
Assembly Bill No. 78Committee on Health and Welfare
CHAPTER 371
AN ACT relating to vital statistics; requiring the state board of health to charge a fee for blank certificates of birth, stillbirth and death; imposing a charge for the privilege of providing certified or official copies; and providing other matters properly relating thereto.
[Approved May 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 440.130 is hereby amended to read as follows:
440.130 1. The board shall prepare, print and supply to all local health officers all blanks and forms used in registering, recording and preserving the returns, or in otherwise carrying out the purposes of this chapter.
2. The state registrar shall charge for each blank certificate of birth, death or stillbirth a fee of $1.
Sec. 2. NRS 440.175 is hereby amended to read as follows:
440.175 1. Upon request, the state registrar may furnish statistical data to any federal, state, local or other public or private agency, upon such terms or conditions as may be prescribed by the board.
2. No person may prepare or issue any document which purports to be an original, certified copy or official copy of:
(a) A certificate of birth, death or fetal death, except as authorized in this chapter or by the board.
(b) A certificate of marriage, except a county recorder or a person so required pursuant to NRS 122.120.
κ1983 Statutes of Nevada, Page 895 (CHAPTER 371, AB 78)κ
(c) A decree of divorce or annulment of marriage, except a county clerk or the judge of a court of record.
3. A person or governmental organization which issues certified or official copies pursuant to paragraph (a) of subsection 2 shall remit to the state registrar $2 for each registration of a birth or death in its district.
________
Senate Bill No. 248Committee on Transportation
CHAPTER 372
AN ACT relating to mopeds; revising the definition of moped to depend only on performance; and providing other matters properly relating thereto.
[Approved May 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.069 is hereby amended to read as follows:
482.069 Moped means a vehicle which looks and handles essentially like a bicycle and [can be] is propelled [either by pedaling or] by a small engine which produces not more than 2 gross brake horsepower and which has a displacement of not more than 50 cubic centimeters, and:
1. Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and
2. Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.
Sec. 2. NRS 483.088 is hereby amended to read as follows:
483.088 Moped means a vehicle which looks and handles essentially like a bicycle and [can be] is propelled [either by pedaling or] by a small engine which produces not more than 2 gross brake horsepower and which has a displacement of not more than 50 cubic centimeters, and:
1. Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and
2. Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.
Sec. 3. NRS 484.0798 is hereby amended to read as follows:
484.0798 Moped means a vehicle which looks and handles essentially like a bicycle and [can be] is propelled [either by pedaling or] by a small engine which produces not more than 2 gross brake horsepower and which has a displacement of not more than 50 cubic centimeters, and:
1. Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and
κ1983 Statutes of Nevada, Page 896 (CHAPTER 372, SB 248)κ
2. Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.
Sec. 4. NRS 486.038 is hereby amended to read as follows:
486.038 Moped means a vehicle which looks and handles essentially like a bicycle and [can be] is propelled [either by pedaling or] by a small engine which produces not more than 2 gross brake horsepower and which has a displacement of not more than 50 cubic centimeters, and:
1. Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and
2. Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.
________
Senate Bill No. 224Committee on Natural Resources
CHAPTER 373
AN ACT relating to bees; changing the requirements for the importation of bees, beehives and appliances into this state; and providing other matters properly relating thereto.
[Approved May 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 552.210 is hereby amended to read as follows:
552.210 1. No person may ship or transport into the State of Nevada any bees, used beehives, honeycombs or appliances, except queens or bees in screened cages without comb, unless he first obtains a [special pollination] permit for entry issued by the department.
2. The department may issue such a [special pollination] permit for the importation of bees on comb and hives containing comb into [a designated district of] this state from another state [for a period not to exceed 6 months] if the applicant:
(a) Submits an application , on [forms] a form supplied by the department , stating:
(1) The name, address and telephone number of the owner or shipper and the state and county of origin.
(2) The address and telephone number of the owner or shipper in this state, if applicable.
(3) The number of colonies [or the number of hives containing comb, or both, to be moved.
(2) The locality, city or cities (if any), the county, or counties, and the state of origin of the colonies or hives of comb.
(3) The property, locality and county in which the colonies or hives of comb will be placed.
κ1983 Statutes of Nevada, Page 897 (CHAPTER 373, SB 224)κ
(4) The proposed date of entry into the State of Nevada.
(5) Facts pertaining to the purpose for which the bees and hives of comb, or both, are to be moved including evidence establishing the existence of a contract or agreement for pollination service.
(6) In affidavit form, that no drugs of any kind have been or will be fed to the bees for a period of 60 days prior to moving such bees into the State of Nevada.] containing bees and a complete listing of all beekeeping equipment and appliances to be brought into this state.
(4) A legal description and the exact geographical location of the site for each apiary at its destination in this state.
(b) [Files] Submits with the [department, not less than 72 hours in advance of entry,] application, a certificate of inspection from a duly authorized officer of the state of origin certifying:
(1) That all bees intended for shipment and owned or controlled by the applicant have been inspected within 60 days [of the date of the issuance of the certificate] before shipment and at a time when the bees are actively rearing their brood . [; and]
(2) That 1 percent or less American foul brood disease has been found during the preceding 2 years in any apiaries intended for shipment by the applicant, and that all disease found during [such time] that period has been destroyed . [; and]
(3) The [numbers of colonies of bees, nuclei of bees, hives of drawn comb, city and county of origin and date of inspection.
(c) Notifies the department immediately upon arrival in this state, registers apiary locations, and pays the registration fee of 25 cents per hive.] date on which the last inspection of the apiaries, bees, comb and used hives and equipment was made at their place of origin.
(4) The total number of colonies in the apiary at the time of the inspection and the number of colonies found to be diseased.
(5) The total number of colonies of bees, hives, used equipment and appliances to be shipped into this state.
(6) The shippers full name, the name under which he is doing business, if applicable, and his address.
(7) The identification numbers or letters, or both, used by the shipper to identify his beekeeping equipment.
(c) Submits with the application a fee set by the state board of agriculture which does not exceed $1 for each colony.
3. Each shipment [shall] must be accompanied by a copy of the permit of entry issued by the department and a copy of the certificate of inspection required by this section.
4. [The department may issue a permit to a person holding a valid special pollination permit issued pursuant to subsection 2 to store colonies of bees on comb or hives containing comb for a period in excess of 6 months if the applicant:
(a) Stores the colonies of bees on comb or hives containing comb in a location and under conditions approved by the department.
(b) Uses the stored colonies of bees on comb or hives containing comb for the purpose of apiarian management under a pollination contract.
κ1983 Statutes of Nevada, Page 898 (CHAPTER 373, SB 224)κ
(c) Allows the department to make periodic inspections of the stored colonies of bees on comb or hives containing comb.
(d) Keeps such colonies of bees on comb or hives containing comb within the district designated in the pollination permit issued for their importation.
5. The department may issue a permit for the importation into the State of Nevada of used extractors, honey tanks, honey cans, uncapping equipment, tops, bottoms and empty hive bodies, if the applicant submits a certificate from a duly authorized apiary inspector certifying that such equipment has been sterilized by boiling in lye water for not less than 30 minutes, or by any other method officially approved by the department.
6.] If any bees, used hives, honeycombs or appliances entering the State of Nevada are found to be diseased at the time of inspection in this state, the shipment [shall] must be quarantined in the same manner as provided in NRS 552.200, and [shall be either] must be destroyed or shipped out of the state at the option and expense of the owner or person in possession, unless the department finds that the disease can be eradicated by treatment rather than destruction.
[7.] 5. All honeycombs transported from a point outside the State of Nevada through this state in interstate commerce [shall] must be covered by the person in possession in a manner which will prevent access of bees.
[8.] 6. All bees, used hives, honeycombs or appliances entering the State of Nevada in violation of the provisions of this chapter [shall be either] must be destroyed or shipped out of this state at the option and expense of the owner or person in possession, or sold by the department, after notice to [such] the owner or person by the department. If the owner does not comply with the requirements of the notice or cannot be located, the department may [either] destroy such bees, used hives, honeycombs or appliances at his expense or offer them for sale. The terms of any such sale [shall] must include an agreement by the purchaser to comply with all provisions of this chapter, and the proceeds of any such sale [shall] must be deposited with the state treasurer for credit to the apiary inspection fund.
Sec. 2. NRS 552.211 and 552.213 are hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 899κ
Senate Bill No. 387Committee on Judiciary
CHAPTER 374
AN ACT relating to police judges; redesignating such judges as municipal judges; allowing cities to provide that a justice of the peace is ex officio the municipal judge of the city; and providing other matters properly relating thereto.
[Approved May 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 5.010 is hereby amended to read as follows:
5.010 A municipal court [shall] must be held by a judge who [shall be] is designated as [police] municipal judge, and the court [shall] must be held at such place in the city within which it is established as the [government of such] governing body of that city may by ordinance direct.
Sec. 2. NRS 5.020 is hereby amended to read as follows:
5.020 [The police judges shall be chosen by the electors of their respective cities on a day to be fixed by the government of such cities, and shall hold their offices for 1 year, unless a longer period be fixed in the acts incorporating such cities; in which case, for such period fixed.] 1. Except as provided in subsection 2, each municipal judge must be chosen by the electors of the city within which the municipal court is established on a day to be fixed by the governing body of that city. He shall hold his office for 1 year, unless a longer period is fixed by the charter of the city, in which case he shall hold his office for that longer period. Before entering upon [their duties they] his duties a municipal judge shall take the constitutional oath of office.
2. The governing body of a city, with the consent of the board of county commissioners and the justice of the peace, may provide that a justice of the peace of the township in which the city is located is ex officio the municipal judge of the city.
Sec. 3. NRS 5.023 is hereby amended to read as follows:
5.023 1. The governing body of the city shall select a number of persons it determines appropriate to comprise a panel of substitute [police] municipal judges. The persons selected must be:
(a) Members in good standing of the State Bar of Nevada;
(b) Adult residents of the city; or
(c) Justices of the peace of the county.
2. Whenever a [police] municipal judge is disqualified from acting in a case pending in the municipal court or is unable to perform his duties because of his temporary sickness or absence, he shall, if necessary, appoint a person from the panel of substitute [police] municipal judges to act in his place.
3. A person so appointed must take and subscribe to the official oath before acting as a [police] municipal judge pro tempore. While acting in that capacity, he is entitled to receive a per diem salary set by the governing body. The annual sum expended for salaries of [police] municipal judges pro tempore must not exceed the amount budgeted for that expense by the governing body.
κ1983 Statutes of Nevada, Page 900 (CHAPTER 374, SB 387)κ
municipal judges pro tempore must not exceed the amount budgeted for that expense by the governing body.
4. If an appointment of a [police] municipal judge pro tempore becomes necessary and the [police] municipal judge fails or is unable to make the appointment, the mayor shall make the appointment from the panel of substitute [police] municipal judges.
Sec. 4. NRS 5.025 is hereby amended to read as follows:
5.025 1. The court administrator shall, at the direction of the chief justice of the supreme court, arrange for the giving of instruction, at the National Judicial College in Reno, Nevada, or elsewhere:
(a) In court procedure, recordkeeping and the elements of substantive law appropriate to a municipal court, to each [police judge or] municipal judge who is first elected or appointed to office after July 1, 1971, and to other such judges who so desire and who can be accommodated, between each election designated for the election of such judges and the date of entering office.
(b) In statutory amendments and other developments in the law appropriate to a municipal court, to all such judges at convenient intervals.
2. Each city shall pay to the supreme court the citys pro rata share of the costs of such instruction as budgeted for pursuant to the Local Government Budget Act.
3. The supreme court shall deposit with the state treasurer, for credit to the appropriate account of the supreme court, all money received pursuant to subsection 2.
Sec. 5. NRS 5.026 is hereby amended to read as follows:
5.026 1. Each [police judge or] municipal judge who is first elected or appointed to office after July 1, 1971, shall attend the instruction provided pursuant to NRS 5.025, on the first occasion when such instruction is offered after his election or appointment, unless excused by written order of a judge of the district court in and for the county where [such] the city is situated, which [shall] must be filed with the court administrator. Such an order is final for all purposes.
2. If a [police judge or] municipal judge fails to attend such instruction without securing a written order pursuant to subsection 1, he forfeits his office.
Sec. 6. NRS 5.030 is hereby amended to read as follows:
5.030 [The police judges shall receive compensation, to be fixed by the charter, or, when not so fixed, by the government of their respective cities, to be paid by such cities quarterly, in equal proportions.] Each municipal judge is entitled to receive compensation as fixed by the charter of the city or, if not fixed by a charter, by the governing body of the city, to be paid by the city. Such compensation [shall] must not be increased or diminished during the period for which [they are] the judge is elected.
Sec. 7. NRS 5.040 is hereby amended to read as follows:
5.040 [Police] Municipal judges, within their respective cities, [shall have power to] may take and certify:
1. The acknowledgment of conveyances and the satisfaction of a judgment of any court.
κ1983 Statutes of Nevada, Page 901 (CHAPTER 374, SB 387)κ
2. An affidavit to be used in any court of justice in this state.
Sec. 8. NRS 5.060 is hereby amended to read as follows:
5.060 [Police] Municipal judges and municipal courts may issue all legal process, writs and warrants necessary and proper to the complete exercise of their powers.
Sec. 9. NRS 2.345 is hereby amended to read as follows:
2.345 The following persons and agencies are entitled to the supreme court decisions in pamphlet form without charge:
1. Each of the judges of the District Court of the United States, one copy.
2. The supreme court law library, two copies.
3. Each state officer, district judge, district attorney, county clerk, justice of the peace and [police] municipal judge in this state, one copy.
4. Each public library in this state, one copy.
5. Each library in the University of Nevada System, one copy.
6. Each newspaper published in this state, and each commercial television and radio station transmitting in this state, one copy upon its annual request therefor.
Sec. 10. NRS 4.345 is hereby amended to read as follows:
4.345 In counties having a population of 100,000 or less, if the justice of the peace is disqualified by reason of being a party to or interested in a proceeding pending in the justices court or of being related to the defendant, plaintiff or complaining witness in the proceeding by consanguinity or affinity within the third degree, or in any case of his sickness, absence or inability to act, and if a substitute justice of the peace has not been obtained pursuant to NRS 4.340, a [police] judge of the municipal court of any city in the county may, on the written request of the chairman of the board of county commissioners, serve in place of the justice of the peace.
Sec. 11. NRS 169.095 is hereby amended to read as follows:
169.095 Magistrate means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes:
1. Justices of the supreme court;
2. Judges of the district courts;
3. Justices of the peace;
4. [Police] Municipal judges; and
5. Others upon whom are conferred by law the powers of a justice of the peace in criminal cases.
Sec. 12. NRS 171.188 is hereby amended to read as follows:
171.188 1. Any defendant charged with a public offense who is an indigent may, by oral statement to the district judge, justice of the peace, municipal [or police] judge or master, request the appointment of an attorney to represent him.
2. [Such request shall] The request must be accompanied by the defendants affidavit, which [shall] must state:
(a) That he is without means of employing an attorney; and
κ1983 Statutes of Nevada, Page 902 (CHAPTER 374, SB 387)κ
(b) Facts with some particularity, definiteness and certainty concerning his financial disability.
3. The district judge, justice of the peace, municipal [or police] judge or master shall forthwith consider the application and shall make such further inquiry as he considers necessary. If the district judge, justice of the peace, municipal [or police] judge or master:
(a) Finds that the defendant is without means of employing an attorney; and
(b) Otherwise determines that representation is required,
the judge, justice or master shall designate the public defender of the county or the state public defender, as appropriate, to represent him. If the appropriate public defender is unable to represent him, or other good cause appears, another attorney [shall] must be appointed.
4. The county or state public defender [shall] must be reimbursed by the city for costs incurred in appearing in municipal [or police] court. The county shall reimburse the state public defender for costs incurred in appearing in [justice] justices court. If a private attorney is appointed as provided in this section, he [shall] must be reimbursed by the county for appearance in [justice] justices court or the city for appearance in municipal [or police] court in an amount not to exceed $75 per case.
Sec. 13. NRS 218.500 is hereby amended to read as follows:
218.500 1. The secretary of state shall furnish to the superintendent of the state printing and records division of the department of general services, within 3 days from the time he receives each one from the governor, after approval, a copy of all acts, joint and concurrent resolutions, and memorials passed at each session.
2. The director of the legislative counsel bureau shall:
(a) Distribute one copy of each act as printed to each county clerk, district judge, district attorney and justice of the peace in the state.
(b) Immediately upon the adjournment of the session, collect and have printed and bound advance sheets of all acts, resolutions and memorials passed at the session.
(c) Distribute one copy of the advance sheets, without charge, to each justice of the supreme court, the attorney general, the state public defender, and to each county clerk, district judge, district attorney, county public defender, justice of the peace, city attorney and [police or] municipal judge in the state, deliver to the supreme court law library a number of copies appropriate to secure the exchange of similar publications from other states, and establish the price at which the advance sheets [shall] must be sold to other persons.
3. The legislative counsel shall, immediately upon the adjournment of the session, prepare statutory tables and an index of all acts, resolutions and memorials passed at the session.
4. The superintendent, upon receipt of the statutory tables and index, shall prepare bound volumes of the Statutes of Nevada as provided in NRS 218.510.
Sec. 13.5. NRS 266.405 is hereby amended to read as follows:
266.405 1. In addition to the mayor and city council, there may be elected in each city of the first or second class a city clerk, a city treasurer, a municipal judge [of the municipal court] and a city attorney.
κ1983 Statutes of Nevada, Page 903 (CHAPTER 374, SB 387)κ
be elected in each city of the first or second class a city clerk, a city treasurer, a municipal judge [of the municipal court] and a city attorney. All elective officers shall hold their respective offices for 4 years and until their successors are elected and qualified; but cities of the third class may by ordinance regularly adopted provide that the mayor and city councilmen [shall] must be elected and shall hold office for a period of 2 years.
2. In cities of the third class, the mayor, by and with the advice and consent of the city council, may appoint any or all such officers as may be deemed expedient, and such appointive officers shall hold their respective offices during the pleasure of the mayor and city council.
3. The governing body of a city, with the consent of the board of county commissioners and the justice of the peace, may provide that a justice of the peace of the township in which the city is located is ex officio the municipal judge of the city.
Sec. 14. NRS 266.455 is hereby amended to read as follows:
266.455 The city officers, except the mayor, councilmen and [police] municipal judge, may, after being first duly authorized by ordinance of the city council, appoint a deputy or deputies who [shall] have the same powers as their principals and whose compensation may be prescribed by the city council. The city council may [, in its discretion,] authorize the appointment of a deputy on condition that no charge [shall] be made against the city for his services.
Sec. 15. NRS 266.540 is hereby amended to read as follows:
266.540 There [shall] must be in each city a municipal court presided over by a [police] municipal judge.
Sec. 16. NRS 266.545 is hereby amended to read as follows:
266.545 1. [The police] Except as provided in subsection 2, the municipal judge [shall:] must:
(a) Be a citizen of the state.
(b) Have been a bona fide resident of the city for not less than 1 year next preceding his election.
(c) Be a qualified elector in the city.
[2. The police judge shall be]
(d) Be elected at the regular election for city officers.
2. The governing body of a city, with the consent of the board of county commissioners and the justice of the peace, may provide that a justice of the peace of the township is ex officio the municipal judge of the city.
Sec. 17. NRS 266.570 is hereby amended to read as follows:
266.570 A [police] municipal judge may punish for contempt for the same acts or omissions, in the same manner and with the same effects as is provided for judges in chapter 22 of NRS.
Sec. 18. NRS 266.580 is hereby amended to read as follows:
266.580 The [police] municipal judge shall keep a docket in which [shall] must be entered all official business in like manner as in justices courts.
Sec. 19. NRS 266.585 is hereby amended to read as follows:
266.585 The [police] municipal judge shall render monthly, or oftener as the council may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as fines imposed but uncollected, since his last report, and shall at the same time render and pay into the city treasury all fines collected and [moneys] money received on behalf of the city since his last report.
κ1983 Statutes of Nevada, Page 904 (CHAPTER 374, SB 387)κ
writing, under oath, of the business done and of all fines collected, as well as fines imposed but uncollected, since his last report, and shall at the same time render and pay into the city treasury all fines collected and [moneys] money received on behalf of the city since his last report.
Sec. 20. NRS 345.010 is hereby amended to read as follows:
345.010 Upon publication of the Statutes of Nevada, the director of the legislative counsel bureau shall distribute them as follows:
1. To each of the judges of the District Court of the United States for the District of Nevada, one copy.
2. To the supreme court law library, two copies.
3. To each justice of the supreme court, clerk of the supreme court, district judge, county clerk, district attorney, justice of the peace and [police] municipal judge in this state, one copy.
4. To each public library in this state, one copy.
5. To each library in the University of Nevada System, one copy.
6. To the Nevada historical society, one copy.
7. Upon request, to any state, county or municipal officer.
Sec. 21. NRS 345.020 is hereby amended to read as follows:
345.020 Upon receipt of copies of each volume of Nevada Reports from the superintendent of the state printing and records division of the department of general services, the director of the legislative counsel bureau shall distribute them as follows:
1. To each of the judges of the District Court of the United States for the District of Nevada, one copy.
2. The supreme court law library, two copies.
3. To each justice of the supreme court, clerk of the supreme court, district judge, district attorney, county clerk, justice of the peace and [police] municipal judge in this state, one copy.
4. To each public library in this state, one copy.
5. To each library in the University of Nevada System, one copy.
6. To the Nevada historical society, one copy.
7. Upon request, to any state, county or municipal officer.
Sec. 22. NRS 345.040 is hereby amended to read as follows:
345.040 1. The legislative counsel bureau shall stamp or mark all books to be distributed, as provided by law, to supreme court justices, district judges, state and county officers, justices of the peace and [police] municipal judges as follows: State property, to be turned over to your successor in office.
2. Each person who receives a book so distributed shall retain [such] the book for the use of his office and deliver all books so received to his successor in office, who shall give his receipt therefor.
3. The legislative counsel bureau shall keep proper records showing to whom the books were issued and the location of the books so distributed, and shall file the records in its office. Except as provided in NRS 3.160, the legislative counsel bureau shall not supply a missing or second volume other than at the price established pursuant to NRS 345.050.
Sec. 23. NRS 455.020 is hereby amended to read as follows:
455.020 Any person [being] who is a resident of the county [,] and [knowing, or having] knows, or has reason to believe, that the provisions of NRS 455.010 are being or have been violated within such county, may file [a notice] with any justice of the peace or [police] municipal judge therein [, which notice shall] a notice which must be in writing and [shall] must state:
κ1983 Statutes of Nevada, Page 905 (CHAPTER 374, SB 387)κ
and [knowing, or having] knows, or has reason to believe, that the provisions of NRS 455.010 are being or have been violated within such county, may file [a notice] with any justice of the peace or [police] municipal judge therein [, which notice shall] a notice which must be in writing and [shall] must state:
1. The location, as near as may be, of the hole, excavation or shaft.
2. That the [same] hole, excavation or shaft is dangerous to persons or animals, and has been left, or is being worked, contrary to the provisions of this chapter.
3. The name of the [person or persons, company or corporation, who is or are the] owner or owners of the [same,] hole, excavation or shaft, if known, or, if unknown, the persons who were known to be employed therein.
4. [If] Whether the hole, excavation or shaft is abandoned, and there is no claimant.
5. The estimated cost of fencing or otherwise securing the [same] hole, excavation or shaft against any avoidable accidents.
Sec. 24. NRS 455.030 is hereby amended to read as follows:
455.030 Upon the filing of the notice, as provided for in NRS 455.020, the justice of the peace [, or police] municipal judge [,] shall issue an order directed to the sheriff of the county, or to any constable or city marshal therein, directing such officer to serve a notice, in such manner and form as is prescribed by law for service of summons, upon any person or persons, or the authorized agent or agents of any company or corporation, named in the notice . [on file, as provided in NRS 455.020.]
Sec. 25. NRS 455.060 is hereby amended to read as follows:
455.060 1. If the notice [filed with the justice of the peace or police judge shall state] states that the excavation, shaft or hole has been abandoned, and no person claims the ownership thereof, the justice of the peace or [police] municipal judge shall notify the board of county commissioners of the county, or any member of the board of county commissioners, of [the] its location [of the same,] and the board shall, as soon as possible thereafter, cause [the same] it to be so fenced or otherwise guarded as to prevent accidents to persons or animals.
2. All expenses thus incurred [shall] must be paid first out of the judgments collected in accordance with the provisions of this chapter in the same manner as other county expenses.
3. [Nothing herein contained shall be so construed as to] This section does not compel the board of county commissioners to fill up, fence or otherwise guard any shaft, excavation or hole unless, in the boards discretion, [the same] it may be considered dangerous to persons or animals.
Sec. 26. NRS 484.803 is hereby amended to read as follows:
484.803 1. Whenever any person is taken before a magistrate or is given a written traffic citation containing a notice to appear before a magistrate as provided for in NRS 484.799, the magistrate [shall] must be a justice of the peace or [police] municipal judge who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the alleged violation occurred, except that when the offense is alleged to have been committed within an incorporated municipality wherein there is an established court having jurisdiction of the offense, the person [shall] must be taken without unnecessary delay before that court.
κ1983 Statutes of Nevada, Page 906 (CHAPTER 374, SB 387)κ
jurisdiction of the offense and is nearest or most accessible with reference to the place where the alleged violation occurred, except that when the offense is alleged to have been committed within an incorporated municipality wherein there is an established court having jurisdiction of the offense, the person [shall] must be taken without unnecessary delay before that court.
2. For the purpose of this section, the terms magistrate and court include magistrates and courts having jurisdiction of offenses under the law of this state as committing magistrates and courts and those having jurisdiction of the trials of such offenses.
Sec. 27. NRS 697.340 is hereby amended to read as follows:
697.340 1. [No] A bail bondsman, general agent or bail solicitor shall [:] not:
(a) Suggest or advise the employment of or name for employment any particular attorney to represent his principal.
(b) Solicit business in or about any place where prisoners are confined or in or about any court.
(c) Pay a fee or rebate or give or promise anything of value to any person in order to secure a settlement, compromise, remission or reduction of the amount of any undertaking or bail bond.
(d) Pay a fee or rebate or give anything of value to an attorney in bail bond matters, except for legal services actually rendered.
(e) Pay a fee or rebate or give or promise anything of value to the principal or anyone in his behalf.
(f) Participate in the capacity of an attorney at a trial or hearing of one on whose bond he is surety, except for the purposes of surrendering the defendant, making motions to set aside orders of bail forfeitures and motions to exonerate bails and protecting his financial interest in such bond.
2. The following persons or classes shall not be bail bondsmen or bail solicitors and shall not directly or indirectly receive any benefits from the execution of any bail bond:
(a) Jailers;
(b) Police officers;
(c) Justices of the peace;
(d) Municipal [or police] judges;
(e) Sheriffs, deputy sheriffs and constables; and
(f) Any person having the power to arrest or having anything to do with the control of federal, state, county or municipal prisoners.
(g) Trusties or prisoners incarcerated in any jail, prison or any other place used for the incarceration of persons.
3. A bail bondsman shall not sign nor countersign in blank any bond, nor shall he give the power of attorney to, or otherwise authorize, anyone to countersign his name to bonds unless the person so authorized is a licensed bondsman directly employed by the bondsman giving such power of attorney.
4. [No] A bail bondsman, bail solicitor or general agent shall not advertise or hold himself out to be a surety insurance company.
________
κ1983 Statutes of Nevada, Page 907κ
Assembly Bill No. 44Committee on Judiciary
CHAPTER 375
AN ACT relating to criminal actions; imposing and apportioning costs and providing for relief therefrom; and providing other matters properly relating thereto.
[Approved May 19, 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 and 3 of this act.
Sec. 2. 1. When a defendant pleads or is found guilty of a misdemeanor, including the violation of any municipal ordinance, except one regulating metered parking, the justice or judge shall include in the sentence the sum of $10 as an administrative assessment and render a judgment against the defendant for the assessment.
2. The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the courts docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dropped, the money deposited with the court must be returned to the defendant.
3. The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the 5th day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each $10 received:
(a) Six dollars to the state treasurer for credit to a special account in the state general fund.
(b) One dollar to the county treasurer for credit to a special account in the county general fund for the use of the countys juvenile court or for services to juvenile offenders.
(c) Three dollars for credit to a special account in the municipal general fund for the use of the municipal courts.
4. The money collected for administrative assessments in justices courts must be paid by the clerk of the court to the county treasurer on or before the 5th day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each $10 received:
(a) Six dollars to the state treasurer for credit to a special account in the state general fund.
(b) One dollar for credit to a special account in the county general fund for the use of the countys juvenile courts or for services for juvenile offenders.
(c) Three dollars for credit to a special account in the county general fund for the use of the justices courts.
κ1983 Statutes of Nevada, Page 908 (CHAPTER 375, AB 44)κ
Sec. 3. The state controller shall distribute the money received to the following public agencies in the following amounts for each $6 received, up to the amount authorized by the legislature:
1. Five dollars to the office of the court administrator for allocation as follows:
(a) Two dollars for the administration of the courts.
(b) Two dollars for the development of a uniform system for judicial records.
(c) One dollar for continuing judicial education.
2. One dollar for the peace officers standards and training committee of the department of motor vehicles to be used for the continuing education of persons whose primary duty is law enforcement.
Any amounts received in excess of the amounts authorized for expenditure must be deposited to the credit of the state general fund.
Sec. 4. NRS 176.065 is hereby amended to read as follows:
176.065 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] must 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 $25 of the amount until the administrative assessment and the fine or forfeiture [is] are 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. 5. NRS 176.075 is hereby amended to read as follows:
176.075 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] must be confined in the city or county jail for a period of not more than 1 day for each $25 of the amount until the administrative assessment and the fine or forfeiture [is] are satisfied.
2. The provisions of this section do not apply to indigent persons.
Sec. 6. NRS 176.085 is hereby amended to read as follows:
176.085 Whenever, after a fine [has] and administrative assessment have been imposed but before [it has] they have been discharged by payment or confinement, it is made to appear to the judge or justice imposing [such] the fine or administrative assessment or his successor:
1. That the fine [is] or administrative assessment is excessive in relation to the financial resources of the defendant, [such] the judge or justice or his successor may reduce the fine accordingly.
2. That the discharge of the fine or administrative assessment is not within the defendants present financial ability to pay, [such] the judge or justice or his successor may direct that the fine be paid in installments.
κ1983 Statutes of Nevada, Page 909 (CHAPTER 375, AB 44)κ
Sec. 7. NRS 176.275 is hereby amended to read as follows:
176.275 A judgment which imposes a fine or administrative assessment or requires a defendant to repay the expenses of his defense constitutes a lien in like manner as a judgment for money rendered in a civil action.
Sec. 8. Sections 4 and 5 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
Senate Bill No. 426Senators Wagner, Foley, Raggio, Wilson, Mello and Townsend
CHAPTER 376
AN ACT relating to assistance to victims of domestic violence; requiring the approval of certain budgets of organizations providing that assistance in certain counties; substantially revising the procedure for granting money to organizations providing that assistance; and providing other matters properly relating thereto.
[Approved May 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 217 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No organization in a county whose population is less than 100,000 which receives a grant from the account for aid for victims of domestic violence may expend that money until its budget for using the money is approved by the division.
Sec. 2. NRS 217.400 is hereby amended to read as follows:
217.400 As used in NRS 217.400 to 217.470, inclusive [:] , and section 1 of this act:
1. Division means the mental hygiene and mental retardation division of the department of human resources.
2. Domestic violence means the attempt to cause or the causing of bodily injury to a family or household member of the placing of the member in fear of imminent physical harm by threat of force.
3. Family or household member means a spouse, a former spouse, a parent or other adult person who is related by blood or marriage or is or was actually residing with the person committing the act of domestic violence.
4. Victim of domestic violence includes the dependent children of the victim.
Sec. 3. NRS 217.420 is hereby amended to read as follows:
217.420 To be eligible for a grant [by the board of county commissioners] from the [fund for assistance to] account for aid for victims of domestic violence, an applicant must:
1. Be a nonprofit corporation, incorporated or qualified in this state.
κ1983 Statutes of Nevada, Page 910 (CHAPTER 376, SB 426)κ
2. Be governed by a board of trustees which reflects the racial, ethnic, economic and social composition of the county to be served and includes at least one trustee who has been a victim of domestic violence.
3. Receive at least 15 percent of its money from sources other than the Federal Government, the state, any local government or other public body or their instrumentalities. Any goods or services which are contributed to the organization may be assigned their reasonable monetary value for the purpose of complying with the requirement of this subsection.
4. Provide its services exclusively for victims of domestic violence and only within this state for victims who are residents of this state.
5. Require its employees and volunteer assistants to maintain the confidentiality of any information which would identify persons receiving the services.
6. Provide its services without any discrimination on the basis of race, religion, color, age, sex, marital status, national origin or ancestry.
7. Be able to provide:
(a) [Shelter] Except in counties whose population is less than 100,000, shelter to victims on any day, at any hour.
(b) A telephone service capable of receiving emergency calls on any day, at any hour.
(c) [Facilities] Except in counties whose population is less than 100,000, facilities where food can be stored and prepared.
(d) Counseling, or make referrals for counseling, for victims or spouses of victims and their children.
(e) Assistance to victims in obtaining legal, medical, psychological or vocational help.
(f) Education and training for members of the community on matters which relate to domestic violence.
Sec. 4. NRS 217.440 is hereby amended to read as follows:
217.440 1. An account for [supplemental] aid for victims of domestic violence is hereby created in the state general fund. The account must be administered by the administrator of the division.
2. [Any unencumbered balance remaining in any countys fund for assistance to victims of domestic violence 45 days before the end of a fiscal year must be paid to the state treasurer before the beginning of the next fiscal year for credit to the account for supplemental aid to victims of domestic violence.
3.] Any nonprofit organization in the state which is able to [provide the services] meet the requirements specified in subsection 7 of NRS 217.420 may apply for a [supplemental] grant from the [state account.] account for aid for victims of domestic violence.
[4. During the first month of a fiscal year the administrator of the division shall give written notice to all organizations which received grants from a county for the current fiscal year that they may apply for supplemental grants, to the extent that money is available in the state account created for this purpose. The administrator shall also take appropriate steps to inform other nonprofit organizations which are able to provide the specified services they may apply for grants from the state account.
κ1983 Statutes of Nevada, Page 911 (CHAPTER 376, SB 426)κ
take appropriate steps to inform other nonprofit organizations which are able to provide the specified services they may apply for grants from the state account.
5.] 3. An application for a [supplemental] grant must be received by the division before [the end of the second month of the fiscal year.] April 1 preceding the fiscal year for which the grant is sought.
Sec. 5. NRS 217.450 is hereby amended to read as follows:
217.450 1. The mental hygiene and mental retardation advisory board shall advise the administrator of the division concerning the award of [supplemental] grants from the [state account.] account for aid for victims of domestic violence.
2. [Upon receiving one or more applications for supplemental grants, the administrator of the division shall submit the applications to the mental hygiene and mental retardation advisory board for examination and evaluation and shall consult with the board on each applicants qualifications to receive a grant, based on the range of services which the applicant offers to victims of domestic violence.] The administrator of the division shall give priority to those applications from organizations which offer the broadest range of services for the least cost within one or more counties. The administrator shall not approve the use of money from a grant to acquire any buildings.
3. The administrator of the division has the final authority to approve or deny an application for a grant. The administrator shall notify each applicant in writing of the action taken on its application within 45 days after the deadline for filing such an application.
4. [All supplemental grants which have been awarded must be disbursed from the state account to the recipients by the end of the 5th month of the fiscal year. Money remaining in the account after disbursement of the grants for any year does not revert and may be awarded in a subsequent year.
5. The administrator may adopt regulations which make reasonable changes in the schedule for supplemental grants set forth in this section so that the schedule is compatible with the existing budgetary procedures of the division or any county.] In determining the amount of money to be allocated for grants, the administrator of the division shall use the following formula:
(a) A base allocation of $5,000 must be made to provide services for residents of each county whose population is less than 100,000. For counties whose population is 100,000 or more, the base allocation is $25,000.
(b) Any additional revenues available in the account must be allocated to grants, on a per capita basis, for all counties whose population exceeds 14,000.
(c) Money remaining in the account after disbursement of grants does not revert and may be awarded in a subsequent year.
Sec. 6. NRS 217.460 is hereby amended to read as follows:
217.460 1. Each organization which has received a grant [from a board of county commissioners] for assistance to victims of domestic violence shall furnish quarterly and annual financial reports to [that board] the administrator of the division in a manner which the [board] administrator may prescribe.
κ1983 Statutes of Nevada, Page 912 (CHAPTER 376, SB 426)κ
[that board] the administrator of the division in a manner which the [board] administrator may prescribe.
2. [The annual report must include:
(a) The number of persons who were provided services other than counseling or referrals;
(b) The number of persons who were provided counseling or referrals; and
(c) The results of an independent audit of the organizations financial records.
3. The reports must not identify any person served by the reporting organization or provide any information by which any such person might be identified.] The administrator shall review the reports from the organizations, compile the information contained in them about the individual programs for assistance to victims of domestic violence, conduct a financial review of all expenditures, and make a comprehensive report biennially to the legislature, including an evaluation of the effectiveness of the respective organizations in aiding victims of domestic violence.
Sec. 7. NRS 122.060 is hereby amended to read as follows:
122.060 1. The clerk is entitled to receive as his fee for issuing the license the sum of $13.
2. The clerk shall also at the time of issuing the license collect the sum of $3 to pay it over to the county recorder as his fee for recording the certificate described in NRS 122.130.
3. The clerk shall also at the time of issuing the license collect the additional sum of $4 for the State of Nevada. The fees collected for the state must be paid over to the county treasurer by the county clerk on or before the 5th day of each month for the preceding calendar month, and must be placed to the credit of the state fund. The county treasurer shall remit quarterly all such fees deposited by the clerk to the state treasurer for credit to the state general fund.
4. The clerk shall also at the time of issuing the license collect the additional sum of $5 for the [county fund for assistance to] account for aid for victims of domestic violence [.] in the state general fund. The fees collected for this purpose must be paid over to the county treasurer by the county clerk on or before the 5th day of each month for the preceding calendar month, and must be placed to the credit of that [fund.] account.
Sec. 8. NRS 217.410, 217.430 and 217.470 are hereby repealed.
Sec. 9. This act shall become effective on July 1, 1985.
________
κ1983 Statutes of Nevada, Page 913κ
Senate Bill No. 194Senators Wagner, Mello, Raggio, Townsend and Wilson
CHAPTER 377
AN ACT relating to property taxes; exempting the Sierra Arts Foundation from property taxes; and providing other matters properly relating thereto.
[Approved May 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.110 is hereby amended to read as follows:
361.110 The buildings, with their furniture and equipment, and the lots of ground on which they stand, used therewith and necessary thereto, of the Nevada Art Gallery, Inc., the Young Mens Christian Association, the Young Womens Christian Association, the American National Red Cross or any of its chapters in the State of Nevada, the Salvation Army Corps, the Girl Scouts of America, the Camp Fire Girls, Inc. , [and] the Boy Scouts of America [shall be] and the Sierra Arts Foundation are exempt from taxation; but when any such property is used for purposes other than those of [the Nevada Art Gallery, Inc., the Young Mens Christian Association, the Young Womens Christian Association, the American National Red Cross or any of its chapters in the State of Nevada, the Salvation Army Corps, the Girl Scouts of America, the Camp Fire Girls, Inc. or the Boy Scouts of America,] those organizations respectively, and a rent or other valuable consideration is received for its use, the [same shall] property must be taxed.
________
Assembly Bill No. 134Assemblyman Jeffrey
CHAPTER 378
AN ACT relating to public works; requiring a valid contractors license for a valid bid; and providing other matters properly relating thereto.
[Approved May 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 338 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A public body awarding a contract for a public work shall not award the contract to any person who, at the time of the bid, is not licensed under the provisions of chapter 624 of NRS or if the contract would exceed the limit of his license.
2. If, after awarding the contract, the public body discovers that the person to whom the contract was awarded is not licensed, or that the contract would exceed his license, the public body shall reject the bid and may accept the next lowest bid for that public work from a responsive and responsible bidder without requiring that new bids be submitted.
κ1983 Statutes of Nevada, Page 914 (CHAPTER 378, AB 134)κ
Sec. 2. NRS 332.085 is hereby amended to read as follows:
332.085 In determining the responsibility of any bidder, the governing body or its authorized representative shall consider the possession of and limit on any required license and may consider the financial responsibility, experience, adequacy of equipment and ability of [such] the bidder to complete performance.
Sec. 3. NRS 332.105 is hereby amended to read as follows:
332.105 1. A bid bond, performance bond, payment bond or any combination thereof, with sufficient surety, in such amount as may be determined necessary by the governing body or its authorized representative, may be required of each bidder or contractor on a particular contract.
2. Any such bonds may be to insure proper performance of the contract and save, indemnify and keep harmless the local government against all loss, damages, claims, liabilities, judgments, costs and expenses which may accrue against the local government in consequence of the awarding of the contract.
3. If a local government requires such a bond, it shall not also require a detailed financial statement from each bidder on the contract.
________
Assembly Bill No. 523Committee on Elections
CHAPTER 379
AN ACT relating to elections; authorizing the consolidation of certain election precincts into single voting districts for particular elections; and providing other matters properly relating thereto.
[Approved May 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.207 is hereby amended to read as follows:
293.207 1. Election precincts [shall] must be established on the basis of the number of registered voters therein with a maximum of 600 voters per precinct.
2. The county clerk may consolidate two or more contiguous election precincts into a single voting district for the purpose of conducting a particular election as public convenience, necessity and economy may require.
Sec. 2. NRS 293B.215 is hereby amended to read as follows:
293B.215 1. The officers charged with the duty of creating election precincts, at any time on or before the 30th day preceding any election, may create, unite, divide or combine the election precincts in which punchcard vote recording devices are to be used.
2. No [such combined] election precinct may be comprised of more than 1,000 registered voters.
3. Two or more contiguous election precincts may be consolidated into a single voting district for the purpose of conducting a particular election as public convenience, necessity and economy may require.
κ1983 Statutes of Nevada, Page 915 (CHAPTER 379, AB 523)κ
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 303Committee on Commerce and Labor
CHAPTER 380
AN ACT relating to insurance; providing that a resident firm or corporation having several offices is a single licensee; prohibiting a resident from being named on the license of a nonresident firm or corporation; clarifying a provision relating to fictitious names; providing that an agents license expires if his appointment by an insurer lapses; prohibiting issuance of a license as an associate adjuster to a person holding another license; and providing other matters properly relating thereto.
[Approved May 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 683A.140 is hereby amended to read as follows:
683A.140 1. A firm or corporation may be licensed only as an agent or broker, resident or nonresident, or as a managing general agent.
2. A resident firm or corporation which has more than one office in this state is a single licensee for the purposes of being appointed by insurers and the authority of natural persons to act for the firm or corporation. Such a firm or corporation must obtain a copy of its license for each location, but only must obtain one original license as an agent or broker.
3. For licensing as an agent or broker, each general partner and each natural person to act for the firm, or each natural person to act for the corporation, must be named in the license or registered with the commissioner, and must qualify as an individual licensee. A natural person who is authorized to act for a firm or corporation and who also wishes to be licensed in an individual capacity must obtain a separate license in his own name. The commissioner shall charge appropriate fees for each person who is licensed to act for a firm or corporation and who is named on the license or registered with the commissioner.
[3.] 4. A natural person who is not a resident of this state as provided in paragraph (a) of subsection 1 of NRS 683A.130 must not be so named or registered as to the license of a resident agent or resident broker, and shall not exercise the license powers thereof. A natural person who is a resident of this state must not be so named or registered as to the license of a nonresident agent or nonresident broker, and shall not exercise the powers thereof.
[4.] 5. A license as a resident agent or resident broker must not be issued to a firm or corporation unless it maintains a principal place of business in this state, and the transaction of business under the license is specifically authorized in the firms partnership agreement or the corporations articles.
[5.] 6. The license shall promptly notify the commissioner of all changes among its members, directors and officers, and among other persons designated in or registered as to the license.
κ1983 Statutes of Nevada, Page 916 (CHAPTER 380, SB 303)κ
all changes among its members, directors and officers, and among other persons designated in or registered as to the license.
Sec. 2. NRS 683A.240 is hereby amended to read as follows:
683A.240 1. Every unincorporated licensee or unincorporated applicant for a license under this chapter who desires [the issuance of license under a fictitious name] to use a name other than its true name as shown on its license shall file with the commissioner a certified copy of the entry of the county clerk and of the [affidavit made] certificate filed under chapter 602 of NRS . [; and every] Every incorporated licensee and incorporated applicant shall file with the commissioner in writing the corporations true name and also all fictitious names under which it conducts or intends to conduct business. After licensing, every such licensee shall file promptly with the commissioner written notice of any change in or discontinuance of the use of any such name.
2. The commissioner may in writing disapprove the use of any true name (other than the bona fide natural name of an individual applicant or licensee) or any fictitious name used or proposed to be used by any applicant or licensee, on any of the following grounds:
(a) The name interferes with or is deceptively similar to a name already filed and in use by another licensee [;] .
(b) Use of the name may mislead the public in any respect [;] .
(c) The name states or implies that the licensee or applicant is an insurer, motor club, hospital service plan or is entitled to engage in insurance activities not permitted under licenses [held] which it holds or has applied for [;] .
(d) The name states or implies that the licensee is an underwriter. This paragraph [shall] does not prevent an individual life agent licensee or an individual life insurance broker licensee from describing himself as an underwriter, or from using the designation chartered life underwriter if entitled thereto, or prevent a natural person who is a property and casualty licensee from using the designation chartered property and casualty underwriter if entitled thereto, or prevent an insurance agent or broker trade association from using a name containing underwriter [; or] .
(e) The licensee has already filed and not discontinued use of more than two names, including the true name. This paragraph [shall] does not prevent a licensee who has lawfully purchased or succeeded to the business of other licensees from using for each such business not more than two additional names, true or fictitious, consisting of names used by his predecessors in the conduct of [such] their businesses.
3. A licensee shall not use a name after written notice from the commissioner that [such] its use is contrary to this section. If the commissioner determines that such use is justified by mitigating circumstances, he may in writing permit use of the name to continue for a specified reasonable period upon conditions imposed by him for the protection of the public consistent with the purposes of this section.
4. Paragraphs (a), (c) and (d) of subsection 2 do not apply to the true name of any organization [licensee] which on July 1, 1965, held under such name any type of license similar to those provided for under this chapter, or to any fictitious name in use on July 1, 1965, by any [individual] natural person or organization holding any type of license similar to those provided for under this chapter, if [such] the fictitious name was filed with the commissioner on or before July 1, 1965.
κ1983 Statutes of Nevada, Page 917 (CHAPTER 380, SB 303)κ
any [individual] natural person or organization holding any type of license similar to those provided for under this chapter, if [such] the fictitious name was filed with the commissioner on or before July 1, 1965.
Sec. 3. NRS 683A.280 is hereby amended to read as follows:
683A.280 1. Each insurer appointing an agent, resident or nonresident, in this state shall file with the commissioner a written appointment specifying the kinds of insurance to be transacted by the agent for the insurer, and pay the appointment fee [,] or license fee [in the case of limited licenses, as] specified in NRS 680B.010 . [(fee schedule).]
2. Each appointment becomes effective upon filing with the commissioner and remains in effect until the agents license is revoked or otherwise terminated, or there is an earlier termination of the appointment.
3. An agents license expires if for a period of 60 days he does not have on file with the commissioner an appointment as an agent of an authorized insurer.
Sec. 4. NRS 683A.450 is hereby amended to read as follows:
683A.450 1. In addition to provisions therefor under other provisions of this chapter, the commissioner may suspend for not more than 12 months, or may revoke, limit or refuse to continue any license issued under this chapter or any surplus lines brokers license if, after notice to the licensee and to the insurer represented (as to an agent or managing general agent), to the employer (as to a solicitor), and hearing (unless hearing is waived pursuant to NRS 683A.460), he finds that as to the licensee any one or more of the following causes exist:
(a) For any cause for which issuance of the license could have been refused had it then existed and been known to the commissioner.
(b) For willful violation of or willful noncompliance with any applicable provision of this code, or for willful violation of any lawful rule, regulation or order of the commissioner.
(c) For an intentional material misstatement in an application for a license or in connection therewith.
(d) For obtaining or attempting to obtain any such license by fraud or willful misrepresentation.
(e) For misappropriation or conversion to his own use, or illegal withholding, of [moneys] money belonging to policyholders, [or] insurers, [or] beneficiaries [,] or others and received in the conduct of business under the license.
(f) For a material misrepresentation of the terms of any existing or proposed insurance contract.
(g) If in the conduct of his affairs under the license the licensee has used fraudulent, coercive or dishonest practices, or has shown himself to be incompetent, untrustworthy, financially irresponsible or a source of injury and loss to the public.
(h) For aiding, abetting or assisting another person to violate any of the provisions of this code.
κ1983 Statutes of Nevada, Page 918 (CHAPTER 380, SB 303)κ
2. The commissioner shall [forthwith] promptly revoke the license of:
(a) Any licensed resident agent or resident broker who establishes his residence in another state.
(b) Any licensee convicted by final judgment of a felony involving moral turpitude.
3. If a [licensed agent or broker] licensee changes his address without written notice to the commissioner, and the commissioner after diligent effort is unable to locate the licensee, the commissioner may [forthwith] revoke the license [.] without a hearing. If the commissioner mails a letter by certified mail, with return receipt requested, addressed to the licensee at his address last of record with the division, and the letter is returned to the commissioner undelivered, such shall be deemed an adequate effort by the commissioner to locate the licensee.
4. The license of a firm or corporation may be suspended, revoked or refused also for any of such causes as relate to any [individual] natural person designated in or registered as to the license to exercise its powers.
5. In addition to or in lieu of suspension, revocation or refusal to continue any such license for any of the causes specified in subsection 1, the commissioner may [, in his discretion,] impose and administrative fine upon the licensee of not less than $25 nor more than $500. The order levying the fine [shall] must specify the date, not less than 15 days nor more than 30 days after the date of the order, before which the fine [shall] must be paid. Upon failure of payment of the fine when due, the commissioner shall [forthwith] promptly revoke the licenses of the licensee and the fine [shall] must be recovered in a civil action brought in behalf of the commissioner by the attorney general. The commissioner shall [forthwith] promptly deposit all such fines collected with the state treasurer.
Sec. 5. NRS 684A.140 is hereby amended to read as follows:
684A.140 1. Concurrently with an application for a license or for renewal of a license as an adjuster, the applicant or licensee must provide an appointment for each associate adjuster employed by him or to be employed by him contingent upon issuance of the license. Each person who desires to become licensed as an associate adjuster must submit an application to the commissioner for such a license.
2. Upon payment of the appropriate fee, the commissioner shall issue and deliver to a licensed adjuster a license for each associate authorized by the state to act in behalf of the licensee. The commissioner shall not issue a license as an associate adjuster to a person who is licensed as an agent, broker, solicitor or surplus lines broker.
3. The license of an associate adjuster may be renewed upon payment of the applicable fee. His license expires at the same time as the license of the employing adjuster [; but] , except that the commissioner shall promptly terminate an associate adjusters license upon written request therefor by the employing adjuster.
4. No person may be, act as, or hold himself out in this state to be an associate adjuster unless he holds a current license as such issued to him by the commissioner.
κ1983 Statutes of Nevada, Page 919 (CHAPTER 380, SB 303)κ
an associate adjuster unless he holds a current license as such issued to him by the commissioner. A violation of this provision is a gross misdemeanor.
________
Assembly Bill No. 116Assemblyman Fay (by request)
CHAPTER 381
AN ACT relating to volunteer firemen; prohibiting their discharge from employment as a result of their service as volunteer firemen; authorizing a civil action against an employer under certain circumstances; and providing other matters properly relating thereto.
[Approved May 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 475 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any person, corporation, partnership, association or other entity who is an employer or is vested with the power to discharge or recommend the discharge of a person who serves as a volunteer fireman shall not deprive the person performing such service of his employment as a consequence of his action.
2. A person discharged in violation of subsection 1 may commence a civil action against his employer and obtain:
(a) Wages and benefits lost as a result of the violation;
(b) An order of reinstatement without loss of position, seniority or benefits;
(c) Damages equal to the amount of lost wages and benefits; and
(d) Reasonable attorneys fees fixed by the court.
3. Any applicant for employment who is, and any employee who becomes, a volunteer fireman must disclose that fact to his prospective or present employer, as the case may be.
________
κ1983 Statutes of Nevada, Page 920κ
Senate Bill No. 427Committee on Human Resources and Facilities
CHAPTER 382
AN ACT relating to libraries; strengthening requirements for the deposit of copies of certain official publications with the state center for the distribution of publications within the Nevada state library; revising the numbers of copies to be furnished; and providing other matters properly relating thereto.
[Approved May 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 378.180 is hereby amended to read as follows:
378.180 1. Every state agency shall, upon release, deposit [a specified number of] 12 copies of each of its state publications which was not printed by the state printing and records division of the department of general services with the state publications distribution center to meet the needs of the depository library system and to provide interlibrary loan service to those libraries without depository status. [This distribution shall be required only if sufficient funds are appropriated for the printing of these materials.]
2. For each item printed by the state printing and records division of the department of general services, [50] 12 additional copies [shall be authorized to] must be printed by the division, these to be collected by the state publications distribution center and distributed to public and university libraries within the state.
3. [All] Every city, county and regional [agencies] agency and every school district and special district shall, upon release, deposit with the state publications distribution center at least [one copy] six copies of each of its publications [with the state publications distribution center] and a list of its publications for a calendar year.
________
Assembly Bill No. 388Assemblyman Sedway
CHAPTER 383
AN ACT relating to public health; prohibiting the manufacture, distribution, sale, possession and use of imitation controlled substances; providing an exception; providing penalties; and providing other matters properly relating thereto.
[Approved May 19, 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. Except as provided in subsection 6, it is unlawful for any person to manufacture, distribute, sell or possess with the intent to distribute or sell an imitation controlled substance.
κ1983 Statutes of Nevada, Page 921 (CHAPTER 383, AB 388)κ
2. Except as otherwise provided in subsection 3, any person who violates subsection 1 is guilty of a misdemeanor.
3. Any person who is 18 years of age or older who distributes or sells an imitation controlled substance to a person who is under the age of 18 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 $5,000.
4. Any person who:
(a) Uses or possesses with intent to use an imitation controlled substance; or
(b) Advertises or solicits in any manner with reasonable knowledge that the advertisement or solicitation is to promote the distribution of an imitation controlled substance,
is guilty of a gross misdemeanor upon his first and second convictions, and upon a third or any further conviction, 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 or not more than $5,000.
5. For the purposes of this section:
(a) Distribute means the actual, constructive or attempted transfer, delivery or dispensing to another of an imitation controlled substance.
(b) Imitation controlled substance means a substance, not a controlled substance, which:
(1) In the form distributed is shaped, marked or colored so as to lead a reasonable person to believe it is a controlled substance; or
(2) Is represented to be a controlled substance. In determining whether such a representation was made, the court shall consider, in addition to all other logically relevant factors:
(I) Statements made by the defendant regarding the nature of the substance, its use or effect.
(II) Statements made by the defendant regarding the recipients ability to resell the substance at a substantially higher price than is customary for the substance.
(III) Whether the substance is packaged in a manner normally used for illicit controlled substances.
6. This section does not apply to the manufacture, distribution, sale or possession of an imitation controlled substance for use as a placebo by a practitioner in the course of his professional practice or research.
Sec. 2. NRS 453.091 is hereby amended to read as follows:
453.091 1. Manufacture means the production, preparation, propagation, compounding, conversion or processing of a [controlled] substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.
κ1983 Statutes of Nevada, Page 922 (CHAPTER 383, AB 388)κ
2. Manufacture does not include the preparation or compounding of a [controlled] substance by a person for his own use or the preparation, compounding, packaging or labeling of a [controlled] substance by a physician, dentist, podiatrist or veterinarian:
(a) As an incident to his administering or dispensing of a [controlled] substance in the course of his professional practice; or
(b) By his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.
Sec. 3. 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, 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 is 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.
κ1983 Statutes of Nevada, Page 923 (CHAPTER 383, AB 388)κ
used in violation of NRS 453.560, 453.562 or 453.566 or of an injunction issued pursuant to NRS 453.558.
7. All imitation controlled substances which have been manufactured, distributed or dispensed in violation of the provisions of section 1 of this act.
8. 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. 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 the cash is traceable to an exchange for a controlled substance and is subject to forefeiture pursuant to this subsection.
Sec. 4. Section 3 of this act shall become effective at 12:02 a.m. on July 1, 1983.
________
Senate Bill No. 354Committee on Government Affairs
CHAPTER 384
AN ACT relating to petitions for initiative or referendum; requiring documents of a petition which are circulated within a county to be submitted to the county clerk for verification of signatures; providing in certain cases for examination of a percentage of signatures selected at random; establishing the date when the secretary of state receives verification of sufficient signatures as the filing date of the petition; and providing other matters properly relating thereto.
[Approved May 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 295 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. Before a petition for initiative or referendum is filed with the secretary of state, the petitioners must submit to each county clerk the document or documents which were circulated for signatures within his county. If more than one document was circulated, all the documents must be submitted to the clerk at the same time.
2. Within 5 days excluding Saturdays, Sundays, and holidays, after the submission of such documents the county clerk shall determine the total number of signatures affixed to the documents and shall transmit that information to the secretary of state.
3. If the secretary of state finds that the total number of signatures filed with all the county clerks is less than 100 percent of the required number of registered voters, he shall so notify the petitioners and the county clerks and no further action may be taken in regard to the petition.
κ1983 Statutes of Nevada, Page 924 (CHAPTER 384, SB 354)κ
number of registered voters, he shall so notify the petitioners and the county clerks and no further action may be taken in regard to the petition.
Sec. 3. 1. If the secretary of state finds that the total number of signatures submitted to all the county clerks is 100 percent or more of the number of registered voters needed to declare the petition sufficient, he shall immediately so notify the county clerks. Within 15 days after such a notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in his county.
2. If more than 500 names have been signed on the documents submitted to him, a county clerk shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerk is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures, whichever is greater.
3. In determining from the records of registration what number of registered voters have signed the documents, the county clerk may use the file of affidavits of registered voters or facsimiles of the voters signatures.
4. Upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of his examination and transmit the documents with the certificate to the secretary of state. A copy of this certificate must be filed in the clerks office.
5. The secretary of state may by regulation establish further procedures for carrying out the purposes of this section.
Sec. 4. 1. If the certificates received by the secretary of state from all the county clerks establish that the number of valid signatures is less than 90 percent of the required number of registered voters, the petition shall be deemed to have failed to qualify, and the secretary of state shall immediately so notify the petitioners and the county clerks.
2. If those certificates establish that the petitioners have more than 110 percent of the number of registered voters needed to make the petition sufficient, the petition shall be deemed to qualify as of the date of receipt by the secretary of state of certificates showing the petition to have reached 110 percent, and the secretary of state immediately so notify the petitioners and the county clerks.
Sec. 5. 1. If the statistical sampling shows that the number of valid signatures filed is 90 percent or more but less than 110 percent of the number of signatures of registered voters needed to declare the petition sufficient, the secretary of state shall order the county clerks to examine every signature for verification.
2. Within 30 days after receipt of such an order, the clerk shall determine from the records of registration what number of registered voters have signed the petition. If necessary, the board of county commissioners shall allow the clerk additional assistants for examining the signatures and provide for their compensation. In determining from the records of registration what number of registered voters have signed the petition, the clerk may use any file or list of registered voters maintained by his office or facsimiles of voters signatures.
κ1983 Statutes of Nevada, Page 925 (CHAPTER 384, SB 354)κ
records of registration what number of registered voters have signed the petition, the clerk may use any file or list of registered voters maintained by his office or facsimiles of voters signatures.
3. Upon completing the examination, the clerk shall immediately attach to the documents of the petition an amended certificate properly dated, showing the result of the examination and shall immediately transmit the documents with the amended certificate to the secretary of state. A copy of the amended certificate must be filed in the clerks office.
4. The petition shall be deemed filed with the secretary of state as of the date on which he receives certificates from the county clerks showing the petition to be signed by the requisite number of voters of the state.
5. If the amended certificates received from all county clerks by the secretary of state establish that the petition is still insufficient, he shall immediately so notify the petitioners and the county clerks.
Sec. 6. NRS 293.092 is hereby amended to read as follows:
293.092 Except as the term is used in NRS 293.393, whenever the term county clerk is used in this [chapter] Title it means registrar of voters in those counties where such office has been created pursuant to the provisions of NRS 244.164.
________
Senate Bill No. 465Committee on Finance
CHAPTER 385
AN ACT making an appropriation from the state general fund to the legislative fund.
[Approved May 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 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.
________
κ1983 Statutes of Nevada, Page 926κ
Senate Bill No. 259Committee on Judiciary
CHAPTER 386
AN ACT relating to concealed weapons; removing the prohibition against aliens possessing concealable firearms; and providing other matters properly relating thereto.
[Approved May 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 202.360 is hereby amended to read as follows:
202.360 1. The terms pistol, revolver, and firearm capable of being concealed upon the person, as used in this section, apply to and include all firearms having a barrel less than 12 inches in length.
2. [After July 1, 1925, no unnaturalized foreign-born person, and no] No person who has been convicted of a felony in the State of Nevada or in any one of the states of the United States of America, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, [shall] may own or have in his possession or under his custody or control any pistol, revolver or other firearm capable of being concealed upon the person.
3. Any person who violates the provisions of this section 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 $5,000.
4. Nothing in this section applies to or affects:
(a) Sheriffs, constables, marshals, policemen, whether active or honorable retired, or other duly appointed police officers.
(b) Any person summoned by any such officers to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such officer.
(c) Members of the Armed Forces of the United States when on duty.
________
κ1983 Statutes of Nevada, Page 927κ
Senate Bill No. 355Committee on Judiciary
CHAPTER 387
AN ACT relating to sports; requiring the filing of a promoters contract concerning television rights for a contest, match or exhibition; requiring a promoter to keep certain records; authorizing the Nevada athletic commission to assess a portion of the promoters license fee if no contract is filed; and providing other matters properly relating thereto.
[Approved May 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 467 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A promoter shall, at least 72 hours before a boxing contest, wrestling match or exhibition, or combination of those events is to be held, file with the commissions executive secretary a copy of all contracts he has entered into for the sale, lease or other exploitation of television rights for the contest, match or exhibition.
2. The promoter shall keep detailed records of the accounts and other documents related to his receipts from the sale, lease or other exploitation on the television rights for a contest, match or exhibition. The commission, at any time, may inspect these accounts and documents to determine the amount of the total gross receipts received by the promoter from the television rights.
3. If a promoter fails to comply with the requirements of subsections 1 or 2, the commission may determine the amount of the total gross receipts from the sale, lease or other exploitation of television rights for the contest, match or exhibition and assess the appropriate license fee pursuant to paragraph (b) of subsection 1 of NRS 467.107.
________
Senate Bill No. 438Committee on Judiciary
CHAPTER 388
AN ACT relating to estates in property; abolishing the Rule in Shelleys Case and the doctrine of the destructibility of contingent remainders; modifying the rule against perpetuities; and providing other matters properly relating thereto.
[Approved May 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 111 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. If land is granted or devised to a person and after his death to his heirs or the heirs of his body, regardless of how the grant or devise is expressed, an estate for life vests in that person and his heirs take the remainder pursuant to the grant or devise and not through that person.
κ1983 Statutes of Nevada, Page 928 (CHAPTER 388, SB 438)κ
devise is expressed, an estate for life vests in that person and his heirs take the remainder pursuant to the grant or devise and not through that person. The purpose of this section is to abolish the Rule in Shelleys Case.
Sec. 3. A contingent remainder is not destroyed by the termination of the preceding estate before the satisfaction of the condition upon which the remainder is contingent. If the condition is subsequently satisfied, the remainder takes effect in the same manner as a springing or shifting executory interest. The purpose of this section is to abolish the doctrine of the destructibility of contingent remainders.
Sec. 4. 1. In determining whether an interest violates the rule against perpetuities, the period of perpetuities must be measured by actual rather than possible events. The period must be measured by a life whose continuance has a causal relationship to the vesting or failure of the interest.
2. A court shall reform any interest found to violate the rule as modified by subsection 1 so as to approximate as nearly as feasible the intention of the creator of the interest and to comply with the rule.
________
Senate Bill No. 122Committee on Commerce and Labor
CHAPTER 389
AN ACT relating to bank holding companies; requiring the approval of the superintendent of banks to form a bank holding company, to acquire a bank and to transfer control of the company; authorizing the superintendent to issue orders which prohibit certain conduct by bank holding companies; providing penalties; and providing other matters properly relating thereto.
[Approved May 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 666 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. As used in sections 2 to 14, inclusive, of this act, unless the context otherwise requires:
1. Bank holding company means a company:
(a) Which directly or indirectly owns or controls 25 percent or more of the voting stock of a bank licensed by the superintendent:
(b) Which controls the election of a majority of the directors of a bank; or
(c) For the benefit of whose stockholders 25 percent or more of the voting stock of a bank is held by one or more trustees.
2. Business trust means an organization in which a business or property is conveyed to trustees who manage the business or property for the benefit of the holders of the beneficial interest in the trust. The term does not include a voting trust.
κ1983 Statutes of Nevada, Page 929 (CHAPTER 389, SB 122)κ
3. Company means any corporation, business trust, association or similar entity, but does not include:
(a) A natural person; or
(b) A corporation of which a majority of the stock is owned by the United States or any state.
Sec. 3. 1. There is a rebuttable presumption that a company which directly or indirectly owns, controls or has the power to vote less than 5 percent of the voting stock of a bank does not control the bank.
2. An estate, trust, guardianship or conservatorship is not by virtue of its ownership or control of stock of a bank a bank holding company unless it is:
(a) A business trust; or
(b) A voting trust which by its terms or by law does not expire within 10 years after the date of its establishment.
3. A company is not a bank holding company by virtue of its ownership or control of stock which:
(a) Was acquired in the ordinary course of securing or collecting a debt which the company previously contracted in good faith; and
(b) Is held only as long as is necessary to sell the stock on a reasonable basis.
4. A bank holding company which is domiciled outside of Nevada and which does not control a bank licensed by the superintendent is not under the jurisdiction of this state until it applies for approval to acquire control of such a bank. A bank holding company which is domiciled outside of Nevada must receive the approval of the superintendent before acquiring control of a bank licensed by the superintendent.
Sec. 4. 1. The superintendent may adopt such regulations as may be necessary to carry out the provisions of sections 2 to 14, inclusive, of this act.
2. The superintendent may require bank holding companies to submit reports under oath to determine whether they have complied with the provisions of sections 2 to 14, inclusive, of this act and any regulations adopted pursuant to this section.
Sec. 5. 1. Except as provided in subsection 4, a person who desires to form a bank holding company after July 1, 1983, must be approved by the superintendent before forming the company.
2. The application for approval must include such information with respect to the financial condition, operations, management and intercompany relationships of the applicant and related matters, as the superintendent may deem necessary or appropriate.
3. The superintendent shall approve the application if he determines that the applicant or its officers, directors and stockholders are of such character and fitness that any bank acquired by the applicant will be operated in a safe, prudent and profitable manner.
4. The superintendent may accept copies of federal registration in lieu of requiring an application for approval of a bank holding company.
κ1983 Statutes of Nevada, Page 930 (CHAPTER 389, SB 122)κ
Sec. 6. 1. A bank holding company must receive the approval of the superintendent before acquiring a bank.
2. The application for approval must include such information with respect to the financial condition, operations, management and intercompany relationships of the bank which is to be acquired and the bank holding company as the superintendent may deem necessary or appropriate.
3. In considering the application for approval, the superintendent shall consider:
(a) The financial condition of the bank holding company and any banks owned by it;
(b) The probable effect of the acquisition on:
(1) The bank holding company;
(2) Any banks owned by the bank holding company; and
(3) The bank which is to be acquired; and
(c) The effects of the acquisition upon competition in banking.
Sec. 7. 1. Any transfer of stock or trust certificates of a bank holding company by sale, gift or otherwise, which will result in giving the person who receives the shares voting control of the bank holding company must be approved by the superintendent before the transfer.
2. The superintendent shall not approve a transfer if he determines that the person who will gain control has been removed from a position as a director, officer or employee of a bank holding company, bank or other financial institution pursuant to an order of a state or federal agency.
3. The superintendent may disapprove the transfer if in his opinion the person who will gain control does not meet the requirements for an officer, director or stockholder set forth in subsection 3 of section 5 of this act.
Sec. 8. 1. If the superintendent determines that a director, officer or employee of a bank holding company has been negligent, dishonest, reckless or incompetent in connection with his duties, the superintendent may issue a written order requiring the person to be removed from his position.
2. The person affected by the order of the superintendent may petition the district court for the judicial district in which the bank holding company is located to set aside the order. The court may affirm, modify or set aside the order.
3. If a director, officer or employee is not removed in accordance with an order of the superintendent and the superintendent has reasonable cause to believe that the continued participation of the person in the affairs of the bank holding company will place it in an unsafe or unsound condition, the superintendent may apply to the district court for the judicial district in which the bank holding company is located for a temporary restraining order and an injunction prohibiting the person from participating in the affairs of the bank holding company.
Sec. 9. If the board of directors of a bank holding company neglects or refuses to remove a person pursuant to an order of the superintendent and the company subsequently incurs losses because of that persons activities, the written order of the superintendent is conclusive evidence, in any action against the directors or a director for recovery of those losses, of the negligence of the directors in failing to act upon the order.
κ1983 Statutes of Nevada, Page 931 (CHAPTER 389, SB 122)κ
that persons activities, the written order of the superintendent is conclusive evidence, in any action against the directors or a director for recovery of those losses, of the negligence of the directors in failing to act upon the order.
Sec. 10. 1. If the superintendent has reasonable cause to believe that a bank holding company:
(a) Is engaging, has engaged or is about to engage in any unsafe or unsound practice in connection with the bank holding company or a bank which it owns or controls; or
(b) Is violating, has violated or is about to violate a law, regulation or condition imposed in a written agreement between the superintendent and the bank holding company,
the superintendent may issue and serve upon the company a notice of the charges against the company.
2. A notice issued pursuant to subsection 1 must contain a statement of the facts which constitute the violation or unsafe or unsound practice and must set a time and place for a hearing to determine whether the superintendent should issue an order to cease and desist from the activity. The hearing must be held not less than 20 nor more than 60 days after service of the notice unless an earlier or later date is set by the director of the department of commerce at the request of the bank holding company.
Sec. 11. 1. If a representative of the bank holding company does not appear at the hearing, the company shall be deemed to have consented to the issuance of an order to cease and desist.
2. If the bank holding company consents to the issuance of the order or if the superintendent determines at the hearing that the company has engaged in or will engage in the activity charged, the superintendent may issue and serve upon the company an order to cease and desist from the activity.
3. The order may, by mandatory or prohibitory provisions, require the bank holding company and its directors, officers, employees and agents not to engage in the activity to which the order applies and to take action to correct conditions resulting from that activity.
4. An order issued pursuant to this section becomes effective at the time specified in the order and remains effective as provided in it unless it is stayed, modified or set aside by the superintendent or a reviewing court.
Sec. 12. 1. If the superintendent determines that the existing or threatened activity specified in a notice of charges is likely to:
(a) Cause insolvency or substantial dissipation of the assets or earnings of a bank which is owned or controlled by the bank holding company; or
(b) Seriously prejudice the interests of the depositors in such a bank,
the superintendent may issue a temporary order requiring the bank holding company to cease and desist from the activity.
2. The temporary order becomes effective when served upon the bank holding company and remains effective until it is set aside by the superintendent or a reviewing court or a permanent order is issued against the bank.
κ1983 Statutes of Nevada, Page 932 (CHAPTER 389, SB 122)κ
Sec. 13. 1. Within 10 days after a bank holding company has been served with a temporary order to cease and desist, the company may apply to the district court for the judicial district in which the company is located for an injunction limiting or setting aside the order until the hearing is held pursuant to the notice of charges.
2. If a bank holding company violates or threatens to violate a temporary order, the superintendent may apply to the district court for the judicial district in which the bank holding company is located for an injunction prohibiting the company from violating the order.
Sec. 13.5. 1. The superintendent may apply to the district court for an order compelling compliance with any provision of sections 2 to 13, inclusive, of this act. The court may award the superintendent the costs of bringing the action and attorneys fees.
2. The superintendent may bring an action against a person who violates a court order or injunction issued pursuant to this section or sections 2 to 13, inclusive, of this act to recover a civil penalty of not more than $10,000 for each violation.
Sec. 14. Any person who willfully violates any provision of section 8, of this act shall be punished by imprisonment for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment. Any person who willfully violates any provision of sections 2 to 7, inclusive, and 9 to 13.5, inclusive, of this act is guilty of a gross misdemeanor.
Sec. 15. NRS 665.080 is hereby amended to read as follows:
665.080 1. [The] Each year the superintendent shall make a thorough examination of and into the affairs of every bank holding company and every banking subsidiary thereof doing business in this state [upon the filing of their respective annual reports.
2. The superintendent shall, if possible, utilize the reports of examinations] or accept a report of an examination made by the Comptroller of the Currency, the Federal Deposit Insurance Corporation or the Board of Governors of the Federal Reserve System.
2. The superintendent may make additional examinations of any bank holding company and its subsidiaries.
3. The expense of [the] any examination made by the superintendent must be borne by the bank holding company being examined.
Sec. 16. NRS 665.120 is hereby amended to read as follows:
665.120 [1.] Each bank holding company doing business in this state, directly or through a subsidiary bank, shall file [a] an annual registration report with the superintendent [which] within 120 days after the end of its fiscal year. The report must contain:
[(a)] 1. A full statement of the general financial condition of the company; and
[(b)] 2. A description of the operation, management and intercompany relationships of the company.
[2. Each bank holding company shall file a registration report no later than January 1, 1982, and annually thereafter.]
Sec. 17. NRS 665.005 is hereby repealed.
________
κ1983 Statutes of Nevada, Page 933κ
Assembly Bill No. 420Assemblymen Jeffrey, Stewart, Stone, Berkley and Schofield
CHAPTER 390
AN ACT relating to mental health; increasing the penalties for abusing clients of the division; and providing other matters properly relating thereto.
[Approved May 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 433.554 is hereby amended to read as follows:
433.554 1. Any employee of the division or other person [is guilty of a misdemeanor] who:
(a) [Willfully abuses any client;] Has reason to believe that a client of the division has been or is being abused and fails to report it:
(b) Brings intoxicating beverages or a controlled substance as defined in chapter 453 of NRS into any building occupied by clients unless specifically authorized to do so by the administrative officer of the division facility involved or a staff physician of the facility;
(c) Is under the influence of liquor or a controlled substance as defined in chapter 453 of NRS while employed in contact with clients, unless in accordance with a prescription issued by a physician, podiatrist or dentist;
(d) Enters into any transaction with a client involving the transfer of money or property for personal use or gain at the expense of the client; or
(e) Contrives the escape, elopement or absence of a [client.
2.] client,
is guilty of a misdemeanor.
2. Any employee of the division or other person who willfully abuses any client:
(a) If no substantial bodily harm to the client results, is guilty of a gross misdemeanor.
(b) If substantial bodily harm to the client results, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. Any person who is convicted [of a misdemeanor] under this section [shall, for a period of 5 years, be] is ineligible for 5 years for appointment to or employment in a position in the state service and, if he is an officer or employee of the state, he [shall forfeit] forfeits his office or position.
4. For the purposes of this section abuse means physical or mental injury of a nonaccidental nature, sexual abuse, sexual exploitation or negligent treatment or maltreatment.
________
κ1983 Statutes of Nevada, Page 934κ
Assembly Bill No. 529Committee on Commerce
CHAPTER 391
AN ACT relating to insurance; revising the provisions of law on standard valuations and the prevention of forfeitures under certain policies; and providing other matters properly relating thereto.
[Approved May 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 681B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. This section sets forth the interest rates used in determining the minimum standard for valuation of:
(a) All life insurance policies issued in a particular calendar year on or after the operation date of section 10 of this act;
(b) All individual annuity and pure endowment contracts issued in a particular calendar year on or after January 1, 1984;
(c) All annuities and pure endowments purchased in a particular calendar year on or after January 1, 1984, under group annuity and pure endowment contracts; and
(d) The net increase, if any, in a particular calendar year after January 1, 1984, in amounts held under contract which have guaranteed interest.
2. The interest rates for valuation must be determined as follows, and the results rounded to the nearer one-quarter of 1 percent:
(a) For life insurance:
I = .03 + W (R1 - .03) + W/2 (R2 - .09)
(b) For single-premium immediate annuities and for annuity benefits involving life contingencies arising from other annuities with options for cash settlement and from contracts which have guaranteed interest with options for cash settlement:
I = .03 + W (R - .03)
where
R1 is the lesser of R and .09,
R2 is the greater of R and .09,
R is the reference interest rate defined in this section, and
W is the weighting factor defined in this section.
(c) For other annuities with options for cash settlement and contracts which have guaranteed interest with options for cash settlement, valued on the basis of the year issued, except as stated in paragraph (b), the formula for life insurance set forth in paragraph (a) applies to annuities and contracts which have guaranteed interest with a guaranteed duration in excess of 10 years, and the formula for single-premium immediate annuities stated in paragraph (b) applies to annuities and contracts which have guaranteed interest with guaranteed durations of 10 years or less.
κ1983 Statutes of Nevada, Page 935 (CHAPTER 391, AB 529)κ
(d) For other annuities with no options for cash settlement and for contracts which have guaranteed interest with no options for cash settlement, the formula for single-premium immediate annuities set forth in paragraph (b) applies.
(e) For other annuities with options for cash settlement and contracts which have guaranteed interest with no options for cash settlement which are valued on the basis of a change in its fund the formula for single-premium immediate annuities stated in paragraph (b) applies.
(f) If the interest rate for valuation for any life insurance policies issued in any calendar year determined without reference to this sentence differs from the corresponding actual rate for similar policies issued in the immediately preceding calendar year by less than one-half of 1 percent, the interest rate for the valuation of such life insurance policies is equal to the corresponding actual rate for the immediately preceding calendar year. The interest rate for the valuation of life insurance policies issued in a calendar year must be determined for 1980 using the reference interest rate defined for 1979 and must be determined for each subsequent calendar year regardless of when section 10 of this act becomes operative with respect to the insurer.
3. The weighing factors referred to in the formulas set forth in subsection 2 are given in the following tables:
(a) Weighing Factors for Life Insurance:
Guarantee
Duration Weighting
(Years) Factors
10 or less................................................................................. .50
More than 10 but not more than 20................................... .45
More than 20.......................................................................... .35
For life insurance, the duration of the guarantee is the maximum number of years the life insurance can remain in force on a basis guaranteed in the policy or under options to convert to plans of life insurance with premium rates or nonforfeiture values, or both, which are guaranteed in the original policy;
(b) The weighting factor for single-premium immediate annuities and for annuity benefits involving life contingencies arising from other annuities with options for cash settlement and contracts which have guaranteed interest with options for cash settlement is .80;
(c) Weighting factors for other annuities and for contracts which have guaranteed interest except as stated in paragraph (b), are specified in the tables in subparagraphs (1) to (3), inclusive, according to the rules and definitions in subparagraphs (4) to (6), inclusive, as follows:
(1) For annuities and contracts which have guaranteed interest valued on the basis of the year issued:
Guarantee Weighting Factor
Duration for Plan Type
(Years) A B C
5 or less....................................................................... .80 .60 .50
More than 5, but not more than 10........................ .75 .60 .50
More than 10, but not more than 20...................... .65 .50 .45 More than 20..... .45 .35 .35
κ1983 Statutes of Nevada, Page 936 (CHAPTER 391, AB 529)κ
More than 20.............................................................. .45 .35 .35
(2) For annuities and contracts which have guaranteed interest valued on a change in fund basis, the factors shown in subparagraph (1):
Weighting Factor
for Plan Type
A B C
Increased by............................................................... .15 .25 .05
(3) For annuities and contracts which have guaranteed interest valued on the basis of the year issued, (other than those with no options for cash settlement) which do not guarantee interest on considerations received more than 1 year after issue or purchase and for annuities and contracts which have guaranteed interest valued on a change in fund basis which do not guarantee interest rates on considerations received more than 12 months beyond the valuation date, the factors shown in subparagraph (1) or derived in subparagraph (2) increased by .05.
(4) For other annuities with options for cash settlement and contracts which have guaranteed interest with options for cash settlement, the guaranteed duration is the number of years for which the contract guarantees interest rates in excess of the interest rate for the valuation of life insurance policies with a guaranteed duration in excess of 20 years. For other annuities with no options for cash settlement and for contracts which have guaranteed interest with no options for cash settlement, the guaranteed duration is the number of years from the date of issue or date of purchase to the date on which the annuity benefits are scheduled to commence.
(5) The types of plans listed in this subsection have the following characteristics:
Plan Type A
Under this plan the policyholder:
(I) May withdraw money only with an adjustment to reflect changes in interest rates or the value of assets since the insurers receipt of the money, or without such an adjustment but in installments payable over 5 years or more:
(II) May withdraw money as an immediate life annuity; or
(III) Is not permitted to withdraw money.
Plan Type B
Under this plan, before expiration of the guaranteed interest rate, the policyholder:
(I) May withdraw money only with an adjustment to reflect changes in interest rates or the value of assets since the insurers receipt of the money, or without such an adjustment but in installments payable over 5 years or more; or
(II) Is not permitted to withdraw money.
At the end of the guaranteed interest rate, the policyholder may withdraw money without such an adjustment in a single sum or in installments over a period of less than 5 years.
Plan Type C
Under this plan the policyholder may withdraw money before expiration of the guaranteed interest rate in a single sum or in installments over a period of less than 5 years;
κ1983 Statutes of Nevada, Page 937 (CHAPTER 391, AB 529)κ
expiration of the guaranteed interest rate in a single sum or in installments over a period of less than 5 years;
(I) Without any adjustment to reflect changes in interest rates or the value of assets since the insurers receipt of the money; or
(II) Subject only to a fixed charge for surrender which is stipulated in the contract as a percentage of the fund.
(6) An insurer may elect to value contracts which have guaranteed interest with options for cash settlement and annuities with options for cash settlement on the basis of the year issued or a change in fund basis. Contracts which have guaranteed interest but no options for cash settlement and annuities with no options for cash settlement must be valued on the basis of the year issued. As used in this section, valuation on the basis of the year issued means a basis of valuation under which the interest rate used to determine the minimum standard of valuation for the entire duration of an annuity or contract with guaranteed interest is the interest rate of valuation for the year of issue or the year of purchase of the annuity or contract, and change in fund basis of valuation means a basis of valuation under which the interest rate used to determine the minimum standard of valuation applicable to each change in the fund held under the annuity or contract is the interest rate for valuation for the year of the change in the fund.
4. For purposes of subsection 2, reference interest rate means:
(a) For all life insurance, the lesser of the average over 36 months and the average over 12 months, ending on June 30 of the calendar year next preceding the year of issue, of Moodys Corporate Bond Yield Average — Monthly Average Corporates, as published by Moodys Investors Service, Inc.
(b) For single-premium immediate annuities, annuity benefits involving life contingencies arising from other annuities with options for cash settlement and contracts which have guaranteed interest with options for cash settlement, the average over 12 months, ending on June 30 of the calendar year of issue or year of purchase, of Moodys Corporate Bond Yield Average — Monthly Average Corporates, as published by Moodys Investors Service, Inc.
(c) For other annuities with options for cash settlement and contracts which have guaranteed interest with options for cash settlement, valued on the basis of the year issued, except as stated in paragraph (b), with a guaranteed duration of more than 10 years, the lesser of the average over 36 months and the average over 12 months, ending on June 30 of the calendar year of issue or purchase, of Moodys Corporate Bond Yield Average — Monthly Average Corporates, as published by Moodys Investors Service, Inc.
(d) For other annuities with options for cash settlement and guaranteed interest with options for cash settlement, valued on the basis of the year issued, except as stated in paragraph (b), with a guaranteed duration of 10 years or less, the average over 12 months, ending on June 30 of the calendar year issued or purchased, of Moodys Corporate Bond Yield Average — Monthly Average Corporates, as published by Moodys Investors Service, Inc.
(e) For other annuities with no options for cash settlement and for contracts which have guaranteed interest with no option for cash settlement, the average over 12 months, ending on June 30 of the calendar year issued or purchased, of Moodys Corporate Bond Yield Average — Monthly Average Corporates, as published by Moodys Investors Service, Inc.
κ1983 Statutes of Nevada, Page 938 (CHAPTER 391, AB 529)κ
contracts which have guaranteed interest with no option for cash settlement, the average over 12 months, ending on June 30 of the calendar year issued or purchased, of Moodys Corporate Bond Yield Average — Monthly Average Corporates, as published by Moodys Investors Service, Inc.
(f) For other annuities with options for cash settlement and contracts which have guaranteed interest with options for cash settlement valued on a change in fund basis, except as stated in paragraph (b), the average over 12 months, ending on June 30 of the calendar year of the change in the fund, of Moodys Corporate Bond Yield Average — Monthly Average Corporates, as published by Moodys Investors Service, Inc.
5. If the publication of Moodys Corporate Bond Yield Average — Monthly Average Corporates by Moodys Investors Service, Inc., ends or the National Association of Insurance Commissioners determines that Moodys Corporate Bond Yield Average — Monthly Average Corporates is no longer appropriate for determination of the reference interest rate, an alternative method for determination of the reference interest rate which is adopted by the National Association of Insurance Commissioners and approved by regulation of the commissioner may be substituted.
Sec. 3. For any plan of life insurance which provides for the determination of a future premium, the amounts of which are to be determined by the insurer based on estimates of future experience, or for any plan of life insurance or annuity which is of such a nature that the minimum reserves cannot be determined by the methods described in NRS 681B.130 and 681B.150, the reserves which are held under the plan must be:
1. Appropriate in relation to the benefits and the pattern of premiums for the plan; and
2. Computed by a method which is consistent with the principles of standard valuation contained in this chapter.
Sec. 4. NRS 681B.110 is hereby amended to read as follows:
681B.110 1. The commissioner shall, in the manner provided by NRS 681B.110 to 681B.150, inclusive, and sections 2 and 3 of this act, annually value, or cause to be valued, the reserve liabilities (hereinafter called reserves) for all outstanding life insurance policies and annuity and pure endowment contracts of every life insurer doing business in this state, except that in the case of an alien insurer, [such valuation shall] the valuation must be limited to its United States business.
2. The commissioner may certify the amount of any such reserves, specifying the mortality table or tables, rate or rates of interest and methods used in the calculation of [such] the reserves.
3. The commissioner may:
(a) Use any method, including group methods and the net level premium method, in the calculation of [such] the reserves.
(b) Use approximate averages for fractions of a year or other period to calculate [such] the reserves.
(c) In lieu of the valuation of the reserves required of any foreign or alien company, accept any valuation made, or caused to be made, by an insurance supervisory officer of any other state or jurisdiction if [such] his valuation complies with the minimum standard required by NRS 681B.110 to 681B.150, inclusive, and sections 2 and 3 of this act, and if the insurance officer of [such] the other state or jurisdiction accepts as sufficient and valid for all legal purposes the certificate of valuation of the commissioner when [such] the certificate states the valuation to have been made in a specified manner according to which the aggregate reserves would be at least as large as if they had been computed in the manner prescribed by the law of that state or jurisdiction.
κ1983 Statutes of Nevada, Page 939 (CHAPTER 391, AB 529)κ
an insurance supervisory officer of any other state or jurisdiction if [such] his valuation complies with the minimum standard required by NRS 681B.110 to 681B.150, inclusive, and sections 2 and 3 of this act, and if the insurance officer of [such] the other state or jurisdiction accepts as sufficient and valid for all legal purposes the certificate of valuation of the commissioner when [such] the certificate states the valuation to have been made in a specified manner according to which the aggregate reserves would be at least as large as if they had been computed in the manner prescribed by the law of that state or jurisdiction.
4. Any such insurer which at any time has adopted any standard of valuation producing greater aggregate reserves than those calculated according to the minimum standard provided in NRS 681B.110 to 681B.150, inclusive, and sections 2 and 3 of this act, may, with the approval of the commissioner, adopt any lower standard of valuation, but not lower than the minimum provided in [such] those sections.
Sec. 5. NRS 681B.120 is hereby amended to read as follows:
681B.120 1. Except as otherwise provided in subsection 3 [of this section,] and in section 2 of this act, the minimum [standard] standards for the valuation of all policies and contracts issued [prior to] before January 1, 1972, [shall be] are as follows:
(a) The legal minimum standard for valuation of contracts issued [prior to] before January 1, 1942, [shall be] is a basis not lower than that used for the annual statement of the year during which [such] the policies were issued, and for contracts issued on and after January 1, 1942, [shall be] is the American Experience Table of Mortality with either Craigs or Buttolphs Extension for ages under 10, with interest at not more than 3.5 percent per annum. Annuities and pure endowments purchased under group annuity and pure endowment contracts [shall] must be valued in the same manner, with interest at not more than 5 percent. Such policies may provide for not more than 1-year preliminary term insurance by incorporating therein a clause plainly showing that the first years insurance under [such] the contract is term insurance purchased by the whole or part of the premiums to be received during the first [contract] year [.] of the contract.
(b) The legal minimum standard for the valuation of group life insurance policies under which the premium rates are not guaranteed for [a period in excess of] more than 5 years [shall be] is the American Men Ultimate Table of Mortality with interest at not more than 3.5 percent per annum.
(c) The legal minimum standard for the valuation of industrial policies [shall be] is the American Experience Table of Mortality or the Standard Industrial Mortality Table or the Substandard Industrial Mortality Table with interest at not more than 3.5 percent per annum by the net level premium method, or in accordance with their terms by the modified preliminary term method described in this section.
(d) Reserves for all such policies and contracts may be calculated, at the option of the insurer, according to any standards which produce greater aggregate reserves [for all such policies and contracts] than the minimum reserves required by this subsection.
κ1983 Statutes of Nevada, Page 940 (CHAPTER 391, AB 529)κ
2. Except as otherwise provided in subsection 3 [of this section,] and in section 2 of this act, the minimum [standard] standards for the valuation of all policies and contracts issued on or after January 1, 1972, [shall be] are the Commisioners reserve valuation methods defined in NRS 681B.130 and 681B.150, 5 percent interest for group annuity and pure endowment contracts and 3.5 percent interest for all other such policies and contracts or, in the case of policies and contracts other than annuity and pure endowment contracts issued on or after July 1, 1973, 4 percent interest for such policies issued [prior to] before July 1, 1977, 5.5 percent interest for single premium life insurance policies and 4.5 percent for all other such policies issued on and after July 1, 1977, and the following tables:
(a) For all ordinary policies of life insurance issued on the standard basis, excluding any disability and accidental death benefits in such policies, the Commissioners 1941 Standard Ordinary Mortality Table until the operative date of NRS 688A.340, and, for all such policies issued on and after [such date,] the operative date of NRS 688A.340 and before the operative date of section 10 of this act the Commissioners 1958 Standard Ordinary Mortality Table, except that for any category of such policies issued on female risks all modified net premiums and present values referred to in NRS 681B.110 to 681B.150, inclusive, and sections 2 and 3 of this act, may be calculated according to an age not more than 6 years younger than the actual age of the insured. For policies issued on or after the operative date of section 10 of this act:
(1) The Commissioners 1980 Standard Ordinary Mortality Table;
(2) At the election of the insurer for any one or more specified plans of life insurance, The Commissioners 1980 Standard Ordinary Mortality Table with Ten-Year Select Mortality Factors; or
(3) Any ordinary mortality table which is adopted after 1980 by the National Association of Insurance Commissioners and is approved by a regulation adopted by the commissioner,
may be used in determining the minimum standard of valuation for such policies.
(b) For all industrial life insurance policies issued on the standard basis, excluding any disability and accidental death benefits in such policies, the 1941 Standard Industrial Mortality Table for such policies issued [prior to] before the operative date of NRS 688A.330, and [the Commissioners 1961 Standard Industrial Mortality Table] for such policies issued on or after [such operative date.] that date, the Commissioners 1961 Standard Industrial Mortality Table or any industrial mortality table which is adopted after 1980 by the National Association of Insurance Commissioners and is approved by a regulation adopted by the commissioner for use in determining the minimum standard of valuation for such policies.
(c) For individual annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the 1937 Standard Annuity Mortality Table, or, at the option of the insurer, the Annuity Mortality Table for 1949, Ultimate, or any modification of either of these tables approved by the commissioner.
κ1983 Statutes of Nevada, Page 941 (CHAPTER 391, AB 529)κ
(d) For group annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the Group Annuity Mortality Table for 1951, any modification of [such] that table approved by the commissioner, or, at the option of the insurer, any of the tables or modifications of tables specified for individual annuity and pure endowment contracts.
(e) For total and permanent disability benefits in or supplementary to ordinary policies or contracts, for policies or contracts issued on or after January 1, 1966, the tables of Period 2 disablement rates and the 1930 to 1950 termination rates of the 1952 Disability Study of the Society of Actuaries, with due regard to the type of benefit [;] , or any tables of disablement rates and termination rates which are adopted after 1980 by the National Association of Insurance Commissioners and are approved by a regulation adopted by the commissioner for use in determining the minimum standard of valuation for such policies; and for policies or contracts issued on or after [January 1, 1972, and prior to] January 1, 1961, and before January 1, 1966, either such tables or, at the option of the insurer, the Class (3) Disability Table (1926).
(f) [For] Benefits for accidental death [benefits] in or supplementary to policies, for policies issued on or after January 1, 1966, the 1959 Accidental Death Benefits Table [;] , or any accidental death benefits table which is adopted after 1980 by the National Association of Insurance Commissioners and is approved by a regulation adopted by the commissioner for use in determining the minimum standard of valuation for such policies; and for policies issued on or after January 1, [1972,] 1961, and [prior to] before January 1, 1966, either such table or, at the option of the insurer, the Inter-Company Double Indemnity Mortality Table. Either table [shall] must be combined with a mortality table permitted for calculating the reserves for life insurance policies.
(g) For group life insurance, for life insurance issued on the substandard basis and for special benefits, such tables as may be approved by the commissioner.
3. [The] Except as provided in section 2 of this act, the minimum [standard] standards for the valuation of all individual annuity and pure endowment contracts issued on or after the valuation operative date [,] defined in subsection 4 [,] and for all annuities and pure endowments purchased on or after [such] that date, under group annuity and pure endowment contracts, [shall be] are the Commissioners reserve valuation methods defined in NRS 681B.130 and the following tables and interest rates:
(a) For individual annuity and pure endowment contracts issued before July 1, 1977, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table, or any modification of [such] the table approved by the commissioner, and 6 percent interest for single premium immediate annuity contracts, and 4 percent interest for all other individual annuity and pure endowment contracts.
κ1983 Statutes of Nevada, Page 942 (CHAPTER 391, AB 529)κ
(b) For individual single premium immediate annuity contracts issued on or after July 1, 1977, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table, or any individual annuity mortality table which is adopted after 1980 by the National Association of Insurance Commissioners and is approved by a regulation adopted by the commissioner for use in determining the minimum standard of valuation for such contracts, or any modification of [that table] those tables approved by the commissioner, and 7.5 percent interest.
(c) For individual annuity and pure endowment contracts issued on or after July 1, 1977, other than single premium immediate annuity contracts, excluding any disability and accidental death benefits in such contracts, the 1971 Individual Annuity Mortality Table [,] or any individual annuity mortality table which is adopted after 1980 by the National Association of Insurance Commissioners and is approved by a regulation adopted by the commissioner for use in determining the minimum standard of valuation for such contracts, or any modification of [that table] those tables approved by the commissioner, and 5.5 percent interest for single premium deferred annuity and pure endowment contracts and 4.5 percent interest for all other such individual annuity and pure endowment contracts.
(d) For all annuities and pure endowments purchased before July 1, 1977, under group annuity and pure endowment contracts, excluding any disability and accidental death benefits purchased under such contracts, the 1971 Group Annuity Mortality Table, or any modification of [such] that table approved by the commissioner, and 6 percent interest.
(e) For all annuities and pure endowments purchased on or after July 1, 1977, under group annuity and pure endowment contracts, excluding any disability and accidental death benefits purchased under such contracts, the 1971 Group Annuity Mortality Table, or any group annuity mortality table which is adopted after 1980 by the National Association of Insurance Commissioners and is approved by a regulation adopted by the commissioner for use in determining the minimum standard of valuation for such annuities and pure endowments, or any modification of [that table] those tables approved by the commissioner, and 7.5 percent interest.
4. After July 1, 1973, any insurer may file with the commissioner a written notice of its election to comply with the provisions of subsection 3 after a specified date before January 1, 1979, which [shall be] then becomes the valuation operative date for [such] the insurer, but an insurer may elect a different valuation operative date for individual annuity and pure endowment contracts from that elected for group annuity and pure endowment contracts. If an insurer makes no such election, the valuation operative date for [such insurer shall be] the insurer is January 1, 1979.
Sec. 6. NRS 681B.130 is hereby amended to read as follows:
681B.130 1. Except as otherwise provided in subsection [3] 4 and in NRS 681B.150, reserves, according to the Commissioners reserve valuation method, for the life insurance and endowment benefits of policies providing for a uniform amount of insurance and requiring the payment of uniform premiums [shall] must be the excess, if any, of the present value, at the date of valuation, of [such] the future guaranteed benefits provided for by [such] the policies over the then-present value of any future modified net premiums therefor.
κ1983 Statutes of Nevada, Page 943 (CHAPTER 391, AB 529)κ
reserve valuation method, for the life insurance and endowment benefits of policies providing for a uniform amount of insurance and requiring the payment of uniform premiums [shall] must be the excess, if any, of the present value, at the date of valuation, of [such] the future guaranteed benefits provided for by [such] the policies over the then-present value of any future modified net premiums therefor. The modified net premiums for [and such] the policy [shall] must be such a uniform percentage of the respective contract premiums for [such] those benefits that the present value, at the date of issue of the policy, of all [such] the modified net premiums [shall be] are equal to the sum of the then-present value of [such] the benefits provided for by the policy and the excess of [:] the premium set forth in paragraph (a) over that set forth in paragraph (b), as follows:
(a) A net level annual premium equal to the present value, at the date of issue, of such benefits provided for after the first policy year, divided by the present value, at the date of issue, of an annuity of one per annum payable on the first and each subsequent anniversary of such policy on which a premium falls due [; over] . The net level annual premium must not exceed the net level annual premium on the 19-year premium whole life plan for insurance of the same amount at an age 1 year higher than the age at the time the policy is issued.
(b) A net 1-year term premium for such benefits provided for in the first policy year. [The net level annual premium referred to in paragraph (a) shall not exceed the net level annual premium on the 19-year premium whole life plan for insurance of the same amount at an age 1 year higher than the age at issue of such policy.]
2. If any life insurance policy issued on or after January 1, 1987, for which the contract premium in the first policy year exceeds that of the second year, and for which no comparable additional benefit is provided in the first year in return for the excess premium and which provides an endowment benefit or a cash surrender value or a combination thereof in an amount greater than the excess premium, the reserve according to the commissioners reserve valuation method as of any policy anniversary occurring on or before the assumed ending date, which is the first policy anniversary on which the sum of any endowment benefit and any cash surrender value then available is greater than the excess premium, must, except as otherwise provided in NRS 681B.150, be the greater of:
(a) The reserve as of the policy anniversary calculated as described in subsection 1; and
(b) The reserve as of the policy anniversary calculated as described in subsection 1, but with:
(1) The value defined in paragraph (a) of subsection 1 being reduced by 15 percent of the amount of the excess first-year premium;
(2) All present values of benefits and premiums being determined without reference to premiums or benefits provided for by the policy after the assumed ending date;
(3) The policy being assumed to mature on such date as an endowment; and
κ1983 Statutes of Nevada, Page 944 (CHAPTER 391, AB 529)κ
(4) The cash surrender value provided on that date being considered as an endowment benefit. In making the above comparison, the mortality and interest bases stated in NRS 681B.120 and section 2 of this act must be used.
[2.] 3. Reserves according to the Commissioners reserve valuation method for:
(a) Life insurance policies providing for a varying amount of insurance or requiring the payment of varying premiums;
(b) Group annuity and pure endowment contracts purchased under a retirement plan or plan of deferred compensation, established or maintained by an employer (including a partnership or sole proprietorship), by an employee organization or by both other than a plan providing individual retirement accounts or individual retirement annuities under section 408 of the Internal Revenue Code, as amended;
(c) Disability and accidental death benefits in all policies and contracts; and
(d) All other benefits, except life insurance and endowment benefits in life insurance policies and benefits provided by all other annuity and pure endowment contracts,
[shall] must be calculated by a method consistent with the principles of subsection 1 and this subsection, except that any extra premiums charged because of impairments or special hazards [shall] must be disregarded in the determination of modified net premiums.
[3.] 4. This subsection applies to all annuity and pure endowment contracts except those group annuity and pure endowment contracts for which reserves according to the Commissioners reserve valuation method are to be calculated by a method consistent with the principles of subsection 1 [and 2.] to 3, inclusive.
Reserves according to the Commissioners annuity reserve method for benefits under annuity or pure endowment contracts, excluding any disability and accidental death benefits in [such contracts, shall] those contracts must be the greatest of the respective excesses of the present values, at the date of valuation, of the future guaranteed benefits, including guaranteed nonforfeiture benefits, provided for by [such] those contracts at the end of each respective contract year, over the present value, at the date of valuation, of any future valuation considerations derived from future gross considerations, required by the terms of [such] the contract, which become payable before the end of such respective contract year. The future guaranteed benefits [shall] must be determined by using the mortality table, if any, and the interest rate or rates specified in such contracts for determining guaranteed benefits. The valuation considerations are the portions of the respective gross considerations applied under the terms of [such] the contracts to determine nonforfeiture values.
[4.] 5. An insurers aggregate reserves for all life insurance policies, excluding disability and accidental death benefits, issued on or after January 1, 1972, [shall] must not be less than the aggregate reserves calculated in accordance with the methods set forth in this section, NRS 681B.150 , section 3 of this act, and the mortality table or tables and rate or rates of interest used in calculating nonforfeiture benefits for [such] those policies.
κ1983 Statutes of Nevada, Page 945 (CHAPTER 391, AB 529)κ
tables and rate or rates of interest used in calculating nonforfeiture benefits for [such] those policies.
Sec. 7. NRS 681B.140 is hereby amended to read as follows:
681B.140 Reserves for any category of policies, contracts or benefits as established by the commissioner, issued on or after January 1, 1972, may be calculated, at the option of the insurer, according to any standards which produce greater aggregate reserves for [such] the category then those calculated according to the minimum standards provided by subsections 2 and 3 of NRS 681B.120 [,] and section 2 of this act, but the rate or rates of interest used for policies and contracts other than the annuity and pure endowment contracts [shall] must not be higher than the corresponding rate or rates of interest used in calculating any nonforfeiture benefits provided for in such policies.
Sec. 8. NRS 681B.150 is hereby amended to read as follows:
681B.150 If in any contract year the gross premium charged by any life insurer on any policy or contract issued on or after January 1, 1972, is less than the valuation net premium for the policy or contract calculated by the method used in calculating the reserve thereon [,] but using the minimum valuation standards of mortality and rate of interest, the minimum reserve required for the policy or contract [shall be] is the greater of:
1. The reserve calculated according to the mortality table, rate of interest and method actually used for the policy or contract; or
2. The reserve calculated by the method actually used for the policy or contract, but using the minimum valuation standards of mortality and rate of interest, and replacing the valuation net premium by the actual gross premium in each contract year for which the valuation net premium exceeds the actual gross premium. The minimum valuation standards of mortality and rate of interest referred to in this section are the standards stated in NRS 681B.120 and section 2 of this act.
3. If any life insurance policy is issued on or after January 1, 1987, for which the gross premium in the first policy year exceeds that of the second year and no comparable additional benefit is provided in the first year in return for the excess premium, and which provides an endowment benefit or a cash surrender value, or a combination thereof, in an amount greater than the excess premium, the provisions of this section must be applied as if the method actually used in calculating the reserve for the policy were the method described in NRS 681B.130 other than in subsection 2 of that section. The minimum reserve required at each policy anniversary of such a policy is the greater of the minimum reserve calculated in accordance with NRS 681B.130, including subsection 2 of that section, and the minimum reserve calculated in accordance with this section.
Sec. 9. Chapter 688A of NRS is hereby amended by adding thereto the provisions set forth as sections 10 to 12, inclusive, of this act.
Sec. 10. 1. This section applies to all policies issued by an insurer on or after the operative date of this section as it relates to that insurer. Except as provided in subsection 7, the adjusted premiums for any policy must be calculated on an annual basis and be the uniform percentage of the respective premium specified in the polity for each policy year, excluding amounts payable as extra premiums to cover impairments or special hazards and any uniform annual contract charge or policy fee specified in the policy in a statement of the method to be used in calculating the cash surrender values and paid-up nonforfeiture benefits.
κ1983 Statutes of Nevada, Page 946 (CHAPTER 391, AB 529)κ
policy year, excluding amounts payable as extra premiums to cover impairments or special hazards and any uniform annual contract charge or policy fee specified in the policy in a statement of the method to be used in calculating the cash surrender values and paid-up nonforfeiture benefits. The present value, at the date of issue of the policy, of all adjusted premiums must be equal to the sum of:
(a) The value of the future guaranteed benefits provided for by the policy;
(b) One percent of the amount of insurance, if the insurance is uniform in amount, or the average amount of insurance at the beginning of each of the first 10 policy years; and
(c) One hundred twenty-five percent of the nonforfeiture net level premium. In applying the percentage specified in paragraph (c), no nonforfeiture net level premium may be deemed to exceed 4 percent of the amount of insurance, if the insurance is uniform in amount, or the average amount of insurance at the beginning of each of the first 10 policy years. The date of issue of a policy for the purpose of this section must be the date as of which the rated age of the insured is determined.
2. The nonforfeiture net level premium must be equal to the present value, at the date of issue of the policy, of the guaranteed benefits provided for by the policy divided by the present value, at the date of issue of the policy, of an annuity of one per annum payable on the date of issue of the policy and on each anniversary of the policy on which a premium falls due.
3. In the case of policies which cause unscheduled changes in benefits or premiums on a basis guaranteed in the policy, or which provide an option for changes in benefits or premiums other than a change to a new policy, the adjusted premiums and present values must initially be calculated on the assumption that future benefits and premiums do not change from those stipulated at the date of issue of the policy. At the time of any change in the benefits or premiums, the future adjusted premiums, nonforfeiture net level premiums and present values must be recalculated on the assumption that future benefits and premiums do not change from those stipuated by the policy immediately after the change.
4. Except as otherwise provided in subsection 7, the recalculated future adjusted premiums for any such policy must be a uniform percentage of the respective future premiums specified in the policy for each policy year, excluding amounts payable as extra premiums to cover impairments and special hazards and any uniform annual contract charge or policy fee specified in the policy in a statement of the method to be used in calculating the cash surrender values and paid-up nonforfeiture benefits, which results in the present value, at the time of change to the newly defined benefits or premiums, of all future adjusted premiums being equal to the excess of the sum of the present value of the future guaranteed benefits provided for by the policy and the additional expense allowance, if any, over the cash surrender value, if any, or present value of any paid-up nonforfeiture benefit under the policy.
κ1983 Statutes of Nevada, Page 947 (CHAPTER 391, AB 529)κ
5. The additional expense allowance, at the time of the change to the newly defined benefits or premiums, must be the sum of:
(a) One percent of the excess, if positive, of the average amount of insurance at the beginning of each of the first 10 policy years after the change, over the average amount of insurance before the change at the beginning of each of the first 10 policy years after the most recent previous change, or, if there has been no previous change, the date of issue of the policy; and
(b) One hundred twenty-five percent of the increase, if positive, in the nonforfeiture net level premium.
6. The recalculated nonforfeiture net level premium must be equal to the result obtained by dividing amount A by amount B where:
(a) A equals the sum of:
(1) The nonforfeiture net level premium applicable before the change, multiplied by the present value of an annuity of one per annum payable on each anniversary of the policy on or after the date of the change on which a premium would have fallen due if the change had not occurred; and
(2) The present value of the increase in future guaranteed benefits provided for by the policy.
(b) B equals the present value of an annuity of one per annum payable on each anniversary of the policy on or after the date of change on which a premium falls due.
7. In The case of a policy issued on a substandard basis which provides reduced graded amounts of insurance so that, in each policy year, the policy has the same tabular mortality cost as an otherwise similar policy issued on the standard basis which provides higher uniform amounts of insurance, adjusted premiums and present values for the substandard policy may be calculated as if it were issued to provide the higher uniform amounts of insurance on the standard basis.
8. All adjusted premiums and present values referred to in NRS 688A.290 to 688A.360, inclusive, must be calculated for all policies of ordinary insurance on the basis of the Commissioners 1980 Standard Ordinary Mortality Table or, at the election of the insurer for any one or more specified plans of life insurance, the Commissioners 1980 Standard Ordinary Mortality Table with Ten-Year Select Mortality Factors; all policies of industrial insurance must be calculated on the basis of the Commissioners 1961 Standard Industrial Mortality Table; and all policies issued in a particular calendar year must be calculated on the basis of a rate of interest not exceeding the nonforfeiture interest rate established in this section for policies issued in that calendar year, except as follows:
(a) At the option of the insurer, calculations for all policies issued in a particular calendar year may be made on the basis of a rate of interest not exceeding the nonforfeiture interest rate, established in this section, for policies issued in the immediately preceding calendar year.
(b) Under any paid-up nonforfeiture benefit, including any paid-up dividend additions, any cash surrender value available, whether or not required by NRS 688A.290, must be calculated on the basis of the mortality table and rate of interest used in determining the amount of the paid-up nonforfeiture benefit and paid-up dividend additions, if any.
κ1983 Statutes of Nevada, Page 948 (CHAPTER 391, AB 529)κ
mortality table and rate of interest used in determining the amount of the paid-up nonforfeiture benefit and paid-up dividend additions, if any.
(c) An insurer may calculate the amount of any guaranteed paid-up nonforfeiture benefit including any paid-up additions under the policy on the basis of an interest rate which is not lower than that specified in the policy for calculating cash surrender values.
(d) In calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not more than those shown in the Commissioners 1980 Extended Term Insurance Table for policies of ordinary insurance and not more than the Commissioners 1961 Industrial Extended Term Insurance Table for policies of industrial insurance.
(e) For insurance issued on a substandard basis, the calculation of any adjusted premiums and present values may be based on appropriate modifications of the tables specified in this subsection.
(f) Any ordinary mortality tables which are adopted after 1980 by the National Association of Insurance Commissioners and are approved by a regulation adopted by the commissioner for use in determining the minimum nonforfeiture standard may be substituted for the Commissioners 1980 Standard Ordinary Mortality Table with or without Ten-Year Select Mortality Factors or for the Commissioners 1980 Extended Term Insurance Table.
(g) Any industrial mortality tables which are adopted after 1980 by the National Association of Insurance Commissioners and are approved by a regulation adopted by the commissioner for use in determining the minimum nonforfeiture standard may be substituted for the Commissioners 1961 Standard Industrial Mortality Table or the Commissioners 1961 Industrial Extended Term Insurance Table.
9. The nonforfeiture interest rate for any policy issued in a particular calendar year must be equal to 125 percent of the calendar year statutory valuation interest rate for the policy as defined in the Standard Valuation Law, rounded to the nearer one-fourth of 1 percent.
10. Any refiling of nonforfeiture values or their methods of computation for any previously approved policy form which involves only a change in the interest rate or mortality table used to compute nonforfeiture values does not require refiling of any other provisions of that policy form.
11. After July 1, 1983, any insurer may file with the commissioner a written notice of its election to comply with the provision of this section after a specified date before January 1, 1989. A date so specified is the operative date of this section for that insurer. If an insurer makes no election, the operative date of this section for that insurer is January 1, 1989.
Sec. 11. In the case of any plan of life insurance which provides for future premium determination, the amounts of which are to be determined by the insurer based on estimates of future experience, or in the case of any plan of life insurance which is of such a nature that minimum values cannot be determined by the methods described in NRS 688A.290 to 688A.340, inclusive, and section 10 of this act:
κ1983 Statutes of Nevada, Page 949 (CHAPTER 391, AB 529)κ
minimum values cannot be determined by the methods described in NRS 688A.290 to 688A.340, inclusive, and section 10 of this act:
1. The commissioner must be satisfied that the benefits provided under the plan are substantially as favorable to policyholders and insureds as the minimum benefits otherwise required by NRS 688A.290 to 688A.340, inclusive, and section 10 of this act;
2. The commissioner must be satisfied that the benefits and the pattern of premiums of that plan are not such as to mislead prospective policyholders or insureds; and
3. The cash surrender values and paid-up nonforfeiture benefits provided by the plan must not be less than the minimum values and benefits required for the plan computed by a method consistent with the principles of the Standard Nonforfeiture Law for Life Insurance, as determined by regulations adopted by the commissioner.
Sec. 12. 1. This section applies to all policies issued on or after January 1, 1987. Any cash surrender value available under the policy in the event of default in a premium payment due on any policy anniversary must be in an amount which does not differ by more than two-tenths of 1 percent of the amount of insurance, if the insurance is uniform in amount, or the average amount of insurance at the beginning of each of the first 10 policy years from the sum of:
(a) The greater of zero and the basic cash value specified in this section; and
(b) The present value of any existing paid-up additions less the amount of any indebtedness to the insurer under the policy.
2. The basic cash value must be equal to the present value, on the anniversary, of the future guaranteed benefits which would have been provided by the policy, excluding any existing paid-up additions and before deduction of any indebtedness to the insurer, if there had been no default, less the present value of the nonforfeiture factors, corresponding to premiums which would have fallen due on and after the anniversary. The effects on the basic cash value of supplemental life insurance or annuity benefits or of family coverage, as described in NRS 688A.300 or 688A.320, whichever is applicable, must be the same as the effects specified in NRS 688A.300 or 688A.320, on the cash surrender values defined in that section.
3. The nonforfeiture factor for each policy year must be an amount equal to a percentage of the adjusted premium for the policy year, as defined in NRS 688A.320 or section 10 of this act, whichever is applicable. Except as is required in this subsection, the percentage must be:
(a) The same for each policy year between the second policy anniversary and the later of:
(1) The fifth policy anniversary; and
(2) The first policy anniversary at which there is available under the policy a cash surrender value in an amount, before including any paid-up additions and before deducting any indebtedness, of at least two-tenths of 1 percent of the amount of insurance, if the insurance is uniform in amount, or the average amount of insurance at the beginning of each of the first 10 policy years; and
κ1983 Statutes of Nevada, Page 950 (CHAPTER 391, AB 529)κ
(b) Such that no percentage after the later of the two policy anniversaries specified in paragraph (a) may apply to fewer than 5 consecutive policy years.
No basic cash value may be less than the value which would be obtained if the adjusted premiums for the policy, as defined in NRS 688A.320 or section 10 of this act, whichever is applicable, were substituted for the nonforfeiture factors in the calculation of the basic cash value.
4. All adjusted premiums and present values referred to in this section for a particular policy must be calculated on the same mortality and interest bases as are used in demonstrating the policys compliance with NRS 688A.290 to 688A.360, inclusive, and sections 10 to 12, inclusive, of this act.
The cash surrender values referred to in this section must include any endowment benefits provided for by the policy.
5. Any cash surrender available other than in the event of default in a premium payment due on a policy anniversary, and the amount of any paid-up nonforfeiture benefit available under the policy in the event of default in a premium payment must be determined by methods consistent with those specified for determining the analogous minimum amounts in NRS 688A. 290, 688A.300, 688A.350 and section 10 of this act. The amounts of any cash surrender values and of any paid-up nonforfeiture benefits granted in connection with additional benefits such as those listed in paragraphs (a) to (f), inclusive, of subsection 4 of NRS 688A.350, must conform with the principles of this section.
Sec. 13. NRS 688A.290 is hereby amended to read as follows:
688A.290 1. NRS 688A.290 to 688A.360, inclusive, and sections 10 to 12, inclusive, of this act shall be known as the Standard Nonforfeiture Law. Except as provided in NRS 688A.330 and 688A.340, NRS 688A.290 to 688A.360, inclusive, [shall] and sections 10 to 12, inclusive, of this act apply to policies of life insurance issued on and after January 1, 1962, unless the commissioner deferred such application to a date not later than January 1, 1964, with respect to an insurer for good cause shown.
2. In the case of policies issued on or after the date NRS 688A.290 to 688A.360, inclusive, and sections 10 to 12, inclusive of this act became applicable as defined in subsection 1, no policy of life insurance, except as stated in NRS 688A.360, [shall] may be issued for delivery or delivered in this state unless it contains in substance the following provisions, or corresponding provisions which in the opinion of the commissioner are at least as favorable to the defaulting or surrendering policyholder [:] as those required by this section and section 12 of this act:
(a) In the event of default in any premium payment, the insurer will grant, upon proper request made not later than 60 days after the due date of the premium in default, a paid-up nonforfeiture benefit on a plan stipulated in the policy, effective as of such due date, of the [value] amount specified in NRS 688A.290 to 688A.360, inclusive [.]
κ1983 Statutes of Nevada, Page 951 (CHAPTER 391, AB 529)κ
[.] , and sections 10 to 12, inclusive, of this act. In lieu of the stipulated paid-up nonforfeiture benefit, the insurer may substitute, upon proper request not later than 60 days after the due date of the premium in default, an actuarially equivalent alternative paid-up nonforfeiture benefit which provides a greater amount or longer period of death benefits or, if applicable, a greater amount or earlier payment of endowment benefits.
(b) Upon surrender of the policy within 60 days after the due date of any premium payment in default after premiums have been paid for at least 3 full years in the case of ordinary insurance or 5 full years in the case of industrial insurance, the insurer will pay, in lieu of any paid-up nonforfeiture benefit, a cash surrender value of the amount specified in NRS 688A.290 to 688A.360, inclusive [.] , and sections 10 to 12, inclusive, of this act.
(c) A specified paid-up nonforfeiture benefit [shall] must become effective as specified in the policy unless the person entitled to make [such] an election elects another available option not later than 60 days after the due date of the premium in default.
(d) If the policy has become paid up by completion of all premium payments or if it is continued under any paid-up nonforfeiture benefit which became effective on or after the third policy anniversary in the case of ordinary insurance or the fifth policy anniversary in the case of industrial insurance, the insurer will pay, upon surrender value of the policy within 30 days after any policy anniversary, a cash surrender value of the amount specified in NRS 688A.290 to 688A.360, inclusive [.] , and sections 10 to 12, inclusive, of this act.
(e) [A] In the case of policies which cause, on a basis guaranteed in the policy, unscheduled changes in benefits or premiums, or which provide an option for changes in benefits or premiums other than a change to a new policy, a statement of the mortality table, interest rate, and method used in calculating cash surrender values and the paid-up nonforfeiture benefits available under the policy. In the case of all other policies, a statement of the mortality table and interest rate used in calculating the cash surrender values and the paid-up nonforfeiture benefits available under the policy, together with a table showing the cash surrender value, if any, and paid-up nonforfeiture benefit, if any available under the policy on each policy anniversary either during the first 20 policy years or during the term of the policy, whichever is shorter. Such values and benefits [shall] must be calculated upon the assumption that there are no dividends or paid-up additions credited to the policy and that there is no indebtedness to the insurer on the policy.
(f) A statement that the cash surrender values and the paid-up nonforfeiture benefits available under the policy are not less than the minimum values and benefits required by or pursuant to the insurance law of the state in which the policy is delivered, and an explanation of the manner in which the cash surrender values and the paid-up nonforfeiture benefits are altered by the existence of any paid-up additions credited to the policy or any indebtedness to the insurer on the policy.
κ1983 Statutes of Nevada, Page 952 (CHAPTER 391, AB 529)κ
(g) If a detailed statement of the method of computation of the values and benefits shown in the policy is not stated therein, a statement that [such] the method of computation has been filed with the insurance supervisory officer of the state in which the policy is delivered.
(h) A statement of the method to be used in calculating the cash surrender value and paid-up nonforfeiture benefit available under the policy on any policy anniversary beyond the last anniversary for which such values and benefits are consecutively shown in the policy.
3. Any of the provisions required by subsection 2 which are not applicable by reason of the plan of insurance may, to the extend inapplicable, be omitted from the policy.
4. Each insurer shall reserve the right to defer the payment of any cash surrender value for a period of 6 months after demand therefor with surrender of the policy.
Sec. 14. NRS 688A.300 is hereby amended to read as follows:
688A.300 1. Any cash surrender value available under the policy in the event of default in a premium payment due on any policy anniversary, whether or not required by NRS 688A.290, [shall] must be an amount not less than the excess, if any, of the present value, on [such] that anniversary, of the future guaranteed benefits which would have been provided for by the policy, including any existing paid-up additions, if there had been no default, over the sum of:
(a) The then-present value of the adjusted premiums, as defined in NRS 688A.320 to 688A.340, inclusive, and sections 10 to 12, inclusive, of this act, corresponding to premiums which would have fallen due on and after such anniversary; and
(b) The amount of any indebtedness to the insurer on the policy.
2. For any policy issued on or after the operative date of section 10 of this act which provides supplemental life insurance or annuity benefits at the option of the insured and for an identifiable additional premium by rider or supplemental policy provision, the cash surrender value referred to in subsection 1 of this section must be an amount not less than the sum of the cash surrender value for an otherwise similar policy issued at the same age without a rider or supplemental policy provision and the cash surrender value for a policy which provides only the benefits otherwise provided by a rider or supplemental policy provision.
3. For any family policy issued on or after the operative date of section 10 of this act which defines a primary insured and provides term insurance on the life of the spouse of the primary insured expiring before the spouse reaches age 71, the cash surrender value referred to in subsection 1 must be an amount not less than the sum of the cash surrender value for an otherwise similar policy issued at the same age without term insurance on the life of the spouse and the cash surrender value for a policy which provides only the benefits otherwise provided by term insurance on the life of the spouse.
4. Any cash surrender value available within 30 days after any policy anniversary under any policy paid up by completion of all premium payments or any policy continued under any paid-up nonforfeiture benefit, whether or not required by NRS 688A.290, [shall] must be an amount not less than the present value, on [such] that anniversary, of the future guaranteed benefits provided for by the policy, including any existing paid-up additions, decreased by any indebtedness to the insurer on the policy.
κ1983 Statutes of Nevada, Page 953 (CHAPTER 391, AB 529)κ
benefit, whether or not required by NRS 688A.290, [shall] must be an amount not less than the present value, on [such] that anniversary, of the future guaranteed benefits provided for by the policy, including any existing paid-up additions, decreased by any indebtedness to the insurer on the policy.
Sec. 15. NRS 688A.310 is hereby amended to read as follows:
688A.310 Any paid-up nonforfeiture benefit available under the policy in the event of default in a premium payment due on any policy anniversary [shall] must be such that its present value as of [such] the anniversary [shall be] is at least equal to the cash surrender value then provided for by the policy or, if none is provided for, that cash surrender value which would have been required by NRS 688A.290 to 688A.360, inclusive, and sections 10 to 12, inclusive, of this act, in the absence of the condition that premiums [shall] must have been paid for at least a specified period
Sec. 16. NRS 688A.320 is hereby amended to read as follows:
688A.320 1. Except as provided in [subsection 4,] subsections 4 and 6, the adjusted premiums for any policy [shall] must be calculated on an annual basis and [shall] be such a uniform percentage of the respective premiums specified in the policy for each policy year, excluding any extra premiums charged because of impairments or special hazards, that the present value, at the date of issue of the policy, of all such adjusted premiums [shall be] is equal to the sum of:
(a) The then-present value of the future guaranteed benefits provided for by the policy;
(b) Two percent of the amount of insurance, if the insurance is uniform in amount, or of the equivalent uniform amount, as defined in this section, if the amount of insurance varies with duration of the policy;
(c) Forty percent of the adjusted premium for the first policy year; and
(d) Twenty-five percent of either the adjusted premium for the first policy year or the adjusted premium for a whole life policy of the same uniform or equivalent uniform amount with uniform premiums for the whole of life issued at the same age for the same amount of insurance, whichever is less.
2. In applying the percentages specified in paragraphs (c) and (d) of subsection 1, no adjusted premium shall be deemed to exceed 4 percent of the amount of insurance or uniform amount equivalent thereto. The date of issue of a policy for the purpose of this section [shall] must be the date as of which the rated age of the insured is determined.
3. In the case of a policy providing an amount of insurance varying with duration of the policy, the equivalent uniform amount thereof for the purpose of this section shall be deemed to be the uniform amount of insurance provided by an otherwise similar policy, containing the same endowment benefit or benefits, if any, issued at the same age and for the same term, the amount of which does not vary with duration and the benefits under which have the same present value at the date of issue as the benefits under the policy, except that, in the case of a policy providing a varying amount of insurance issued on the life of a child under 10 years of age, the equivalent uniform amount may be computed as though the amount of insurance provided by the policy [prior to] before the attainment of age 10 were the amount provided by [such] the policy at age 10.
κ1983 Statutes of Nevada, Page 954 (CHAPTER 391, AB 529)κ
policy providing a varying amount of insurance issued on the life of a child under 10 years of age, the equivalent uniform amount may be computed as though the amount of insurance provided by the policy [prior to] before the attainment of age 10 were the amount provided by [such] the policy at age 10.
4. The adjusted premiums for any policy providing term insurance benefits by rider or supplemental policy provision [shall] must be equal to (A) the adjusted premiums for an otherwise similar policy issued at the same age without [such] term insurance benefits, increased, during the period for which premiums for [such] term insurance benefits are payable, by (B) the adjusted premiums for such term insurance, the foregoing items (A) and (B) being calculated separately and as specified in subsections 1 and 2, except that, for the purposes of paragraphs (b), (c) and (d) of subsection 1, the amount of insurance or equivalent uniform amount of insurance used in the calculation of the adjusted premiums referred to in (B) [shall] must be equal to the excess of the corresponding amount determined for the entire policy over the amount used in the calculation of the adjusted premiums in (A).
5. Except as provided in NRS 688A.330 and 688A.340, all adjusted premiums and present values referred to in NRS 688A.290 to 688A.360, inclusive, [shall] and sections 10 to 12, inclusive, of this act, must for all policies of ordinary insurance be calculated on the basis of the Commissioners 1941 Standard Ordinary Mortality Table, but for any category of ordinary insurance on female risks, adjusted premiums and present values may be calculated according to an age not more than 3 years younger than the actual age of the insured, and such calculations for all policies of industrial insurance [shall] must be made on the basis of the 1941 Standard Industrial Mortality Table. All calculations [shall] must be made on the basis of the rate of interest, not exceeding 3.5 percent per annum, specified in the policy for calculating cash surrender values and paid-up nonforfeiture benefits, but in calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not more than 130 percent of the rates of mortality according to [such] the applicable table. The calculation of any adjusted premiums and present values for insurance issued on a substandard basis may be based on such other table of mortality as may be specified by the insurer and approved by the commissioner.
6. This section does not apply to policies issued on or after the operative date of section 10 of this act.
Sec. 17. NRS 688A.330 is hereby amended to read as follows:
688A.330 1. In the case of industrial policies issued on or after the operative date of this section, as provided in subsection 2, all adjusted premiums and present values referred to in NRS 688A.290 to 688A.360, inclusive, and sections 10 to 12, inclusive, of this act, [shall] must be calculated on the basis of the Commissioners 1961 Standard Industrial Mortality Table and the rate of interest specified in the policy for calculating cash surrender values and paid-up nonforfeiture benefits, but [such] that rate of interest [shall] must not exceed 3.5 percent per annum, or 4 percent per annum for policies issued on or after July 1, 1973, and before July 1, 1977, and a rate of interest not exceeding 5.5 percent per annum may be used for policies issued on or after July 1, 1977, other than single premium whole life or endowment insurance policies, and for the latter policies a rate of interest not exceeding 6.5 percent per annum may be used, except that:
κ1983 Statutes of Nevada, Page 955 (CHAPTER 391, AB 529)κ
nonforfeiture benefits, but [such] that rate of interest [shall] must not exceed 3.5 percent per annum, or 4 percent per annum for policies issued on or after July 1, 1973, and before July 1, 1977, and a rate of interest not exceeding 5.5 percent per annum may be used for policies issued on or after July 1, 1977, other than single premium whole life or endowment insurance policies, and for the latter policies a rate of interest not exceeding 6.5 percent per annum may be used, except that:
(a) In calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not more than those shown in the Commissioners 1961 Industrial Extended Term Insurance Table.
(b) For insurance issued on a substandard basis, the calculations of any such adjusted premiums and present values may be based on such other table of mortality as may be specified by the insurer and approved by the commissioner.
2. After July 1, 1963, any insurer may file with the commissioner a written notice of its election to comply with the provisions of this section after a specified date before January 1, 1968. After the filing of [such] a notice, upon [such] the specified date, this section [shall become] is operative with respect to the industrial policies thereafter issued by [such] the insurer. If an insurer makes no such election, the operative date of this section for [such] the insurer [shall be] is January 1, 1968.
3. This section does not apply to policies issued on or after the operative date of section 10 of this act.
Sec. 18. NRS 688A.340 is hereby amended to read as follows:
688A.340 1. In the case of ordinary policies issued on or after the operative date of this section, all adjusted premiums and present values referred to in NRS 688A.290 to 688A.360, inclusive, [shall] and sections 10 to 12, inclusive, of this act must be calculated on the basis of the Commissioners 1958 Standard Ordinary Mortality Table and the rate of interest specified in the policy for calculating cash surrender values and paid-up nonforfeiture benefits, but [such] the rate of interest [shall] must not exceed 3.5 percent per annum, or 4 percent per annum for policies issued on or after July 1, 1973, and [prior to] before July 1, 1977, and a rate of interest not exceeding 5.5 percent per annum may be used for policies issued on or after July 1, 1977, other than single premium whole life or endowment insurance policies, and for the latter policies a rate of interest not exceeding 6.5 percent per annum may be used, except that:
(a) For any category of ordinary insurance issued on female risks, adjusted premiums and present values may be calculated according to an age not more than 6 years younger than the actual age of the insured;
(b) In calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not more than those shown in the Commissioners 1958 Extended Term Insurance Table.
(c) The calculation of adjusted premiums and present values for insurance issued on a substandard basis may be based on such other table of mortality as may be specified by the insurer and approved by the commissioner.
κ1983 Statutes of Nevada, Page 956 (CHAPTER 391, AB 529)κ
insurance issued on a substandard basis may be based on such other table of mortality as may be specified by the insurer and approved by the commissioner.
2. Any insurer may file with the commissioner a written notice of its election to comply with the provisions of this section after a specified date before January 1, 1966. After the filing of [such] the notice, this section [shall become] becomes operative upon [such] the specified date with respect to the ordinary policies thereafter issued by [such] the insurer.
3. If an insurer makes no such election, the operative date of this section for [such insurer shall be] the insurer is January 1, 1966.
4. This section does not apply to ordinary policies issued on or after the operative date of section 10 of this act.
Sec. 19. NRS 688A.350 is hereby amended to read as follows:
688A.350 1. Any cash surrender value and any paid-up nonforfeiture benefit, available under the policy in the event of default in a premium payment due at any time other than on the policy anniversary, [shall] must be calculated with allowance for the lapse of time and the payment of fractional premiums beyond the last preceding policy anniversary.
2. All values referred to in NRS 688A.300 to 688A.340, inclusive, and sections 10 to 12, inclusive, of this act, may be calculated upon the assumption that any death benefit is payable at the end of the policy year of death.
3. The net value of any paid-up additions, other than paid-up term additions, [shall] must not be less than the [dividends] amounts used to provide [such] the additions.
4. Notwithstanding the provisions of NRS 688A.300, additional benefits payable:
(a) In the event of death or dismemberment by accident or accidental means;
(b) In the event of total and permanent disability;
(c) As reversionary annuity or deferred reversionary annuity benefits;
(d) As term insurance benefits provided by a rider or supplemental policy provision to which, if issued as a separate policy, NRS 688A.290 to 688A.360, inclusive, and sections 10 to 12, inclusive, of this act, would not apply; [and]
(e) As term insurance on the life of a child or on the lives of children provided in a policy on the life of a parent of the child, if [such] the term insurance expires before the childs age is 26, is uniform in amount after the childs age is 1, and has not become paid up by reason of the death of a parent of the child; [and]
(f) As other policy benefits additional to life insurance and endowment benefits; and
(g) Premiums for all such additional benefits,
[shall] must be disregarded in ascertaining cash surrender values and nonforfeiture benefits required by NRS 688A.290 to 688A.360, inclusive, and sections 10 to 12, inclusive, of this act, and no such additional benefits [shall] may be required to be included in any paid-up nonforfeiture benefits.
κ1983 Statutes of Nevada, Page 957 (CHAPTER 391, AB 529)κ
Sec. 20. NRS 688A.360 is hereby amended to read as follows:
688A.360 NRS 688A.290 to 688A.350, inclusive, [shall] and sections 10 to 12, inclusive, of this act do not apply to any:
1. Reinsurance, group insurance, pure endowment, annuity or reversionary annuity contract [;] .
2. Term policy of uniform amount [,] which provides no guaranteed nonforfeiture or endowment benefits, or the renewal thereof, of [15] 20 years or less expiring before age [66,] 71, for which uniform premiums are payable during the entire term of the policy [; or] .
3. Term policy of decreasing amount which provides no guaranteed nonforfeiture or endowment benefits on which each adjusted premium, calculated as specified in NRS 688A.320 to 688A.340, inclusive, and sections 10 to 12, inclusive, of this act, is less than the adjusted premium, calculated in the same manner, on a [15-year] term policy of uniform amount, or a renewal thereof, which provides no guaranteed nonforfeiture or endowment benefits, issued at the same age and for the same initial amount of insurance [.] and for a term of 20 years or less, expiring before age 71, for which uniform premiums are payable during the entire term of the policy.
4. Policy which provides no guaranteed nonforfeiture or endowment benefits, for which no cash surrender value, if any, or present value of any paid-up nonforfeiture benefit, at the beginning of any policy year, calculated as specified in NRS 688A.300 to 688A.340, inclusive, and section 10 to 12, inclusive, of this act, exceeds 2 ½ percent of the amount of insurance at the beginning of the same policy year.
[4.] 5. Policy which [shall be] is delivered outside this state by an agent or other representative of the company issuing the policy.
For purposes of determining whether NRS 688A.290 to 688A.360, inclusive, and sections 10 to 12, inclusive, of this act, apply, the age at expiration for a joint term policy of life insurance is the age of the oldest person at the time of expiration.
________
Senate Bill No. 301Senator Mello (by request)
CHAPTER 392
AN ACT relating to osteopathy; amending the provision governing the expenses of members of the state board of osteopathic medicine to conform to provisions governing state employees; establishing fees for osteopathic physicians assistants; increasing the minimum requirement for continuing education of osteopathic physicians; and providing other matters properly relating thereto.
[Approved May 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 633.241 is hereby amended to read as follows:
633.241 Each member of the board is entitled to receive:
κ1983 Statutes of Nevada, Page 958 (CHAPTER 392, SB 301)κ
1. A salary of not more than $60 per day, as fixed by the board, while engaged in its business.
2. [Actual and necessary expenses for subsistence and lodging, not to exceed $25 per day, and for transportation, while traveling on the business of the board.] Travel expenses and subsistence allowances in the performance of their duties in the amounts provided by law for state employees.
Sec. 2. NRS 633.451 is hereby amended to read as follows:
633.451 1. The board shall approve an application by an osteopathic physician to employ and supervise an osteopathic physicians assistant when the board finds that the proposed assistant is a graduate of an approved program and is fully qualified by reason of experience and education to perform medical services under the supervision of the physician.
2. If the board approves such an application, the board shall grant a certificate to assist the osteopathic physician upon receipt of the fees required in this chapter. An osteopathic physicians assistant shall not assist an osteopathic physician unless he has a current certificate to assist that physician. A certificate issued pursuant to this subsection must be renewed annually.
Sec. 3. NRS 633.471 is hereby amended to read as follows:
633.471 1. Except as provided in subsection 3 and in NRS 633.491, every holder of a license issued under this chapter, except a temporary or a special license, may renew his license on or before February 1 of each calendar year after its issuance by:
(a) Applying for renewal on forms provided by the board:
(b) Paying the annual license renewal fee specified in this chapter; and
(c) Submitting verified evidence satisfactory to the board that in the year preceding the application for renewal he has attended continuing education courses or programs approved by the board totaling a number of hours established by the board which [shall] must not be less than [25] 35 hours nor more than that set in the continuing medical education requirements of the American Osteopathic Association.
2. The secretary of the board shall notify each licensee of the renewal requirement not less than 30 days [prior to] before the date of renewal.
3. Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.
Sec. 4. NRS 633.501 is hereby amended to read as follows:
633.501 The board shall charge and collect only the following fees:
1. Initial license fee........................................................................................... $200
2. Annual license renewal fee......................................................................... 100
3. Temporary license fee.................................................................................. 50
4. Special license fee, except for a special license issued to a resident or fellow while in training 50
5. Special license fee for a special license issued to a resident or fellow while in training 35
κ1983 Statutes of Nevada, Page 959 (CHAPTER 392, SB 301)κ
6. Special license renewal fee.......................................................................... $10
7. Reexamination fee......................................................................................... 200
8. Late payment fee........................................................................................... 35
9. For a certificate as an osteopathic physicians assistant.................... 100
10. Renewal of a certificate as an osteopathic physicians assistant.... 50
11. For an application to employ an osteopathic physicians assistant 100
________
Senate Bill No. 346Committee on Natural Resources
CHAPTER 393
AN ACT relating to motor vehicle carriers; exempting the transportation of livestock from certain regulatory provisions of law; and providing other matters properly relating thereto.
[Approved May 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 706.161 is hereby amended to read as follows:
706.161 [1.] Except for the provisions of NRS 706.281 and NRS 706.481 to 706.631, inclusive, none of the provisions of NRS 706.011 to 706.791, inclusive, [apply] applies to any person, firm or corporation [providing] :
1. Providing specialized motor carrier service by armored truck to transport money or other valuable commodities within this state.
[2.] As used in this [section,] subsection, armored truck means a vehicle whose carrying capacity is one ton or more and which has a specially constructed bullet-resistant body, including specially constructed windshields and window glass.
2. Transporting livestock.
________
Assembly Bill No. 461Committee on Commerce
CHAPTER 394
AN ACT relating to group insurance; requiring certain persons to provide proof of their compliance with the Nevada Insurance Code or regulation by the Federal Government; requiring notification of certain persons of the lack of regulation; imposing administrative fine for violation of the code; and providing other matters properly relating thereto.
[Approved May 19, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 689B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
κ1983 Statutes of Nevada, Page 960 (CHAPTER 394, AB 461)κ
Sec. 2. Any person who provides coverage in this state for the cost of:
1. Medical care;
2. Surgery;
3. Chiropractic;
4. Physical therapy;
5. Speech pathology;
6. Audiology;
7. Professional care of mental health;
8. Dental care;
9. Hospital care; or
10. Ophthalmic care,
whether the coverage provides for direct payment, reimbursement or any other method of payment, is subject to regulation by the division and to the provisions of this code unless he shows that while providing such coverage he is subject to regulation by the Federal Government.
Sec. 3. A person may show that he is subject to regulation by an agency of the Federal Government by providing the commissioner with the appropriate certificate or other document which permits the person to provide those services.
Sec. 4. Any person who is unable to show, upon request by the commissioner, that he is subject to regulation by an agency of the Federal Government shall submit to an examination by the commissioner to determine the organization and solvency of the person and to determine whether he is in compliance with the applicable provisions of this code.
Sec. 5. An administrator who advertises or administers coverage in this state which is:
1. Of a kind described in section 2 of this act; and
2. Provided by a person described in section 4 of this act,
shall inform each agent, broker or other person who advertises, procures, renews, continues, sells or negotiates or solicits the sale of such coverage of the elements of the coverage, including the amount of excess insurance or reinsurance in effect.
Sec. 6. 1. If the commissioner has reason to believe that a person described in section 4 of this act is providing any type of coverage described in section 2 of this act, the commissioner may:
(a) Issue a statement of charges and a notice of a hearing to be held on those charges; and
(b) Serve the statement and notice upon the person so charged.
2. The statement and notice must be:
(a) Issued as provided in NRS 679B.320; and
(b) Served personally or by certified or registered mail.
Sec. 7. 1. After the commissioner conducts a hearing pursuant to section 6 of this act, he shall issue an order pursuant to NRS 679B.360. If the commissioner determines that the person being charged has engaged in a practice prohibited by this code, the commissioner shall order him to cease and desist from that practice.
2. If the person knew or reasonably should have known that he was in violation of this code, the commissioner may order him to pay