[Rev. 2/27/2019 1:27:14 PM]
κ1983 Statutes of Nevada, Page 1205κ
Senate Bill No. 342Committee on Judiciary
CHAPTER 457
AN ACT relating to gaming devices; authorizing the Nevada gaming commission to regulate manufacturers and distributors located outside the state; limiting the rights of a manufacturer found unsuitable to hold a license; authorizing the commission to determine the suitability of manufacturers and distributors of components therefor; and providing other matters properly relating thereto.
[Approved May 24, 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. If the commission determines that a manufacturer is unsuitable to receive or hold a license.
1. No new gaming device manufactured by the manufacturer may be approved;
2. Any previously approved device manufactured by the manufacturer is subject to revocation of approval if the reasons for the denial of the license also apply to that device;
3. No new device manufactured by the manufacturer may be sold, transferred or offered for use or play in Nevada; and
4. Any association or agreement between the manufacturer and a licensee must be terminated, unless otherwise provided by the commission. An agreement between such a manufacturer of gaming devices and a licensee shall be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the commission that the manufacturer is unsuitable to be associated with a gaming enterprise. Failure to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.
Sec. 3. 1. A manufacturer or distributor of components for gaming devices which do not affect the result of a wager by determining wins or losses, who sells, transfers or offers the components for use or play in Nevada may be required by the commission, upon recommendation of the board, to file an application for a finding of suitability to be associated with a licensed manufacturer.
2. Any person who directly or indirectly involves himself in the sale, transfer or offering for use or play in Nevada of such components or of gaming devices who is not otherwise required to be licensed as a manufacturer or distributor may be required by the commission, upon recommendation of the board, to file an application for a finding of suitability to be associated with a licensed manufacturer or distributor.
3. If an application for a finding of suitability is not submitted to the board within 30 days after demand by the commission, it may pursue any remedy or combination of remedies provided in this chapter.
Sec. 4. NRS 463.0129 is hereby amended to read as follows:
463.0129 1. The legislature hereby finds, and declares to be the public policy of this state, that:
κ1983 Statutes of Nevada, Page 1206 (CHAPTER 457, SB 342)κ
(a) The gaming industry is vitally important to the economy of the state and the general welfare of the inhabitants.
(b) The continued growth and success of [the] gaming [industry] is dependent upon public confidence and trust that licensed gaming is conducted honestly and competitively and that [the] gaming [industry] is free from criminal and corruptive elements.
(c) Public confidence and trust can only be maintained by strict regulation of all persons, locations, practices, associations and activities related to the operation of licensed gaming establishments and the manufacture or distribution of gambling devices and equipment.
(d) All establishments where gaming is conducted and where gambling devices are operated, and manufacturers, sellers and distributors of certain gambling devices and equipment [in the state shall] must therefore be licensed, controlled and assisted to protect the public health, safety, morals, good order and general welfare of the inhabitants of the state, to foster the stability and success of [the] gaming [industry] and to preserve the competitive economy and policies of free competition of the State of Nevada.
2. No applicant for a license or other affirmative commission approval has any right to a license or the granting of the approval sought. Any license issued or other commission approval granted pursuant to the provisions of this chapter or chapter 464 of NRS is a revocable privilege, and no holder acquires any vested right therein or thereunder.
Sec. 5. NRS 463.650 is hereby amended to read as follows:
463.650 1. Except as provided in subsections 2 and 3, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain [in the State of Nevada] any form of manufacture, selling or distribution of any gaming device for use or play in Nevada without having first procured and maintained all required federal, state, county and municipal licenses.
2. A lessor who specifically acquires equipment for a capital lease is not required to be licensed under this section or NRS 463.660.
3. The holder of a state gaming license may, within 2 years of cessation of business or upon specific approval by the board, dispose of by sale in a manner approved by the board, any or all of his gaming devices, including slot machines, without a distributors license. In cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a bank or other person holding a security interest for which gaming devices are security in whole or in part for the lien, the board may authorize the disposition of the gaming devices without requiring a distributors license.
4. Any person whom the commission determines to be a suitable person to receive a license under the provisions of this section and NRS 463.660 may be issued a manufacturers or distributors license. The burden of proving his qualification to receive or hold a license under this section and NRS 463.660 is at all times on the applicant or licensee.
κ1983 Statutes of Nevada, Page 1207 (CHAPTER 457, SB 342)κ
5. Every person who must be licensed pursuant to this section is subject to the provisions of NRS 463.482 to 463.645, inclusive, unless exempted from those provisions by the commission.
6. The commission may exempt, for any purpose, a manufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645, inclusive, if the commission determines that the exemption is consistent with the purposes of this chapter.
Sec. 6. NRS 463.670 is hereby amended to read as follows:
463.670 1. The legislature finds and declares as facts:
(a) That the inspection of gaming devices is essential to carry out the provisions of this chapter; and
(b) That inspection of gaming devices [manufactured within this state] is greatly facilitated by the opportunity to inspect components before assembly and to examine the methods of manufacture.
2. The board may inspect every gaming device which is manufactured, sold or distributed:
(a) For use in this state, before the gaming device is put into play.
(b) In this state for use outside this state, before the gaming device is shipped out of this state.
3. The board may inspect every gaming device which is offered for play within this state by a licensee.
4. In addition to all other fees and charges imposed by this chapter, the board may determine, charge and collect an inspection fee from each manufacturer, seller or distributor which must not exceed the actual cost of inspection and investigation.
Sec. 7. A manufacturer of a gaming device which has been approved by the commission before the effective date of this act who has no place of business in Nevada shall submit an application for licensing pursuant to section 2 of this act within 60 days after the effective date of this act. He may continue to distribute, sell, transfer or offer gaming devices for use or play in Nevada which have been approved until he has been notified by the commission of a denial of his application. A gaming device manufactured by him for use or play in Nevada which has not been approved before the effective date of this act may be approved by the commission during the time his application is being considered. The commission may deny approval of a new gaming device during this time on the grounds that the manufacturer thereof has not been licensed by the commission.
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κ1983 Statutes of Nevada, Page 1208κ
Assembly Bill No. 549Committee on Government Affairs
CHAPTER 458
AN ACT creating the Airport Authority of Lander County; making legislative findings and declarations; defining certain words and terms; providing for the appointment, number, terms, compensation, duties and powers of a board of trustees; specifying the powers of the authority, including the power to levy and collect general (ad valorem) taxes, borrow money and issue securities to evidence such borrowing; requiring the transfer of airport properties, functions and outstanding obligations of Lander County to the authority; providing penalties; and providing other matters properly relating thereto.
[Approved May 23, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. This act may be cited as the Airport Authority Act for Lander County.
Sec. 2. 1. The legislature finds that:
(a) The airport of the town of Battle Mountain has traditionally been operated by the town as a municipal function and originally served primarily the residents of the town of Battle Mountain.
(b) With the development of multiple contiguous communities, suburban living and rapid increases in recreational pursuits by the traveling public, the airport of the town of Battle Mountain is now serving the inhabitants of a large geographical area and ever-increasing numbers of tourists.
(c) What was once a municipal airport in both name and fact is now a regional airport.
(d) The financial problems of the airports have become more complex and administrative activities are required to be more responsive to the community at large and the directly paying airport tenants and users.
(e) The town of Battle Mountain is unable to operate the airport effectively within the traditional framework of local government, evidencing the need to create a special governmental corporation to provide specific facilities and services to the public.
(f) Development of the modern airport requires the expenditure of large sums of money for land acquisition and capital improvements not available to the town of Battle Mountain through the issuance of municipal securities secured by general obligation tax receipts.
(g) Because of special circumstances and conditions a general law cannot be made applicable, and this special act will allow the tax burden to spread over the designated district in Lander County rather than coming to rest solely upon the principal municipality in the district.
(h) This act will accommodate the expanding urban population patterns, provide adequate funding and establish the administrative machinery necessary to insure adequate air service to the region.
2. It is hereby declared as a matter of legislative determination that:
(a) The organization of the Airport Authority of Lander County having the purposes, powers, rights, privileges and immunities provided in this act will serve a public use and will promote the general welfare by facilitating safe and convenient air travel and transport to and from the Lander County area.
κ1983 Statutes of Nevada, Page 1209 (CHAPTER 458, AB 549)κ
having the purposes, powers, rights, privileges and immunities provided in this act will serve a public use and will promote the general welfare by facilitating safe and convenient air travel and transport to and from the Lander County area.
(b) The acquisition, operation and financing of an airport in Battle Mountain and related facilities by the Airport Authority of Lander County is for a public and governmental purpose and a matter of public necessity.
(c) The Airport Authority of Lander County is a body corporate and politic and a quasi-municipal corporation, the geographical boundaries of which are in the designated district.
(d) For the accomplishment of the purposes stated in this subsection, the provisions of this act must be broadly construed.
Sec. 3. As used in this act the following words or phrases are defined as follows:
1. Airport means any one or more airports or heliports and related facilities, including but not limited to land and interests in land, facilities for storage of aircraft and spacecraft, navigation and landing aids, taxiways, pads, aprons, control towers, passenger and cargo terminal buildings, hangars, administration and office buildings, garages, parking lots and such other structures, facilities and improvements as are necessary or convenient to the development and maintenance of airports and heliports and for the promotion and accommodation of air and space travel, commerce and navigation.
2. Authority means the Airport Authority of Lander County created pursuant to the provisions of this act.
3. Board of trustees and board each means the board of trustees of the authority.
4. Carrier means any person or corporation engaged in the air or space transportation of passengers or cargo.
5. Designated district means that portion of Lander County lying north of the 40th parallel.
6. Lander County means the county created by and described in NRS 243.165.
Sec. 4. 1. The Airport Authority of Lander County is hereby created.
2. The property and revenues of the authority, or any interest therein, are exempt from all state, county and municipal taxation.
Sec. 5. 1. The authority must be governed by a board of trustees composed of seven persons who are residents of the designated district.
2. After the initial terms, the members must be elected for terms of 4 years.
3. Within 60 days after the effective date of this act:
(a) The board of county commissioners of Lander County shall appoint from the designated district four trustees to initial terms which expire when their successors are elected and qualified at the general election held in November of 1986.
(b) The Lander County Fair and Recreation Board shall appoint from the designated area two trustees to initial terms which expire when their successors are elected and qualified in the general election held in November of 1984.
κ1983 Statutes of Nevada, Page 1210 (CHAPTER 458, AB 549)κ
when their successors are elected and qualified in the general election held in November of 1984.
(c) The Lander County School District shall appoint from the designated area one trustee to an initial term which expires when his successor is elected and qualified in the general election held in November of 1984.
Sec. 6. 1. Each member of the board shall file with the county clerk:
(a) His oath of office.
(b) A corporate surety bond furnished at authority expense, in an amount not to exceed $5,000, and conditioned for the faithful performance of his duties as a member of the board.
2. No member of the board, during his term thereon, may have any financial interest in the aviation industry or be interested as a private purveyor in any contract or transaction with the board or the authority.
3. Each member of the board is entitled to receive $40 for each regular board meeting attended and $40 for each special meeting attended and the per diem expense allowance and travel expenses as provided by law for state employees.
Sec. 7. 1. The board shall elect a chairman, vice chairman, secretary and treasurer, who must be members of the board. The secretary and the treasurer may be one person. The terms of the officers expire on the date their successors are elected and qualified in the general election.
2. The secretary shall keep, in a well-bound book, a record of all of the proceedings of the board, minutes of all meetings, certificates, contracts, bonds given by employees, and all other acts of the board. The minute book and records must be open to the inspection of all interested persons, at all reasonable times and places.
3. The treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the board and the authority. He shall file with the county clerk, at authority expense, a corporate fidelity bond in an amount not less than $25,000, conditioned for the faithful performance of his duties.
Sec. 8. 1. The board shall meet regularly at a time and in a place to be designated by the board. Special meetings may be held as often as the needs of the board require, on notice to each board member.
2. A majority of the members shall constitute a quorum at any meeting. Every motion and resolution of the board must be adopted by at least a majority of the members present and constituting the quorum at such meeting.
3. The board shall adopt a seal.
Sec. 9. The board shall comply with the provisions of the Local Government Purchasing Act and the Local Government Budget Act.
Sec. 10. The authority may do all things necessary to accomplish the purposes of this act. The authority may, by reason of example and not of limitation:
1. Have perpetual succession and sue and be sued.
κ1983 Statutes of Nevada, Page 1211 (CHAPTER 458, AB 549)κ
2. Plan, establish, acquire, construct, improve and operate an airport within Lander County.
3. Acquire real or personal property or any interest therein by gift, lease or purchase for any of the purposes provided in this section, including the elimination, prevention or marking of airport hazards.
4. Sell, lease or otherwise dispose of any real property.
5. Acquire real property or any interest therein in areas most affected by aircraft noise for the purpose of resale or lease thereof, subject to restrictions limiting its use to industrial or other purposes least affected by aircraft noise.
6. Enter into agreements with Lander County and Battle Mountain to acquire, by lease, gift, purchase or otherwise, any airport of the county or municipality and to operate the airport.
7. Exercise the power of eminent domain and dominant eminent domain in the manner provided by law for the condemnation by a town of private property for public use to take any property necessary to the exercise of the powers granted, within the designated district in Lander County.
8. Apply directly to the proper federal, state, county and municipal officials and agencies or to any other source, public or private, for loans, grants, guarantees or other financial assistance in aid of airports operated by it, and accept the same.
9. Study and recommend to the board of county commissioners of Lander County and the town council of Battle Mountain zoning changes in the area of any airport operated by the authority with respect to height and aviation obstructions in order to enable the authority to meet the requirements of any Federal Aviation Administration regulations.
10. Have control of its airports with the right and duty to establish and charge fees, rentals, rates and other charges, and collect revenues therefrom, not inconsistent with the rights of the holders of its bonds, and enter into agreements with carriers for the payment of landing fees, rental rates and other charges.
11. Use in the performance of its functions the officers, agents, employees, services, facilities, records and equipment of Lander County or Battle Mountain, with the consent of the county or municipality and subject to such terms and conditions as may be agreed upon.
12. Enter upon such lands, waters or premises as in the judgment of the authority may be necessary for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this act. The authority is liable for actual damage done.
13. Provide its own fire protection, police and crash and rescue service.
14. Contract with carriers with regard to landings and the accommodations of the employees and passengers of such carriers.
15. Contract with persons or corporations to provide goods and services for the use of the employees and passengers of the carriers and the employees of the authority, as necessary or incidental to the operation of the airports.
κ1983 Statutes of Nevada, Page 1212 (CHAPTER 458, AB 549)κ
the employees of the authority, as necessary or incidental to the operation of the airports.
16. Hire and retain officers, agents and employees, including a fiscal adviser, engineers, attorneys or other professional or specialized personnel.
17. Adopt regulations governing vehicular traffic on its airports relating but not limited to speed restrictions, stopping, standing and parking, loading zones, turning movements and parking meters. It is unlawful for any person to do any act forbidden or fail to perform any act required in such regulations.
Sec. 11. The board has and may exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this act. Such specific powers are not a limitation upon any power necessary or appropriate to carry out the purposes and intent of this act.
Sec. 12. In addition to the other means for providing revenue for the authority, the board, subject to the approval of the board of county commissioners of Lander County, has power to levy and collect general (ad valorem) taxes on and against all taxable property within the geographical boundaries of the authority, such levy and collection to be made by the board in conjunction with the county and its officers as set forth in this act.
Sec. 13. 1. To levy and collect taxes, the board shall determine, in each year, the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the authority, and shall, subject to the approval of the board of county commissioners of Lander County, fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the geographical boundaries of the authority, and together with other revenues, will raise the amount required by the authority annually to pay the costs of acquiring, operating and maintaining the airport of the authority, and promptly to pay in full, when due, all interest on and principal of general obligation bonds and other general obligations of the authority. In the event of accruing defaults or deficiencies, an additional levy may be made as provided in section 14 of this act.
2. The board shall certify to the board of county commissioners of Lander County, at the same time as fixed by law for certifying thereto tax levies, the rate so fixed with directions that at the time and in the manner required by law for levying taxes for county purposes the board of county commissioners shall levy such tax upon the assessed valuation of all taxable property within the geographical boundaries of the authority, in addition to such other taxes as may be levied by the board of county commissioners at the rate so fixed and determined.
Sec. 14. 1. The board, in certifying annual levies, shall take into account the maturing general obligation indebtedness for the ensuing year as provided in its contracts, maturing general obligation bonds and interest on such bonds, and deficiencies and defaults of prior years, and shall make ample provision for the payment thereof.
2. If the money produced from these levies, together with other revenues of the authority, are not sufficient punctually to pay the annual installments on such obligations, and interest thereon, and to pay defaults and deficiencies, the board shall make, with the approval of the board of county commissioners of Lander County, such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, the taxes must be made and continue to be levied until the general obligation indebtedness of the authority is fully paid.
κ1983 Statutes of Nevada, Page 1213 (CHAPTER 458, AB 549)κ
annual installments on such obligations, and interest thereon, and to pay defaults and deficiencies, the board shall make, with the approval of the board of county commissioners of Lander County, such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, the taxes must be made and continue to be levied until the general obligation indebtedness of the authority is fully paid.
Sec. 15. 1. The body having authority to levy taxes within each county shall levy the taxes provided in this act.
2. All officials charged with the duty of collecting taxes shall collect the taxes at the time and in the same form and manner, and with like interest and penalties, as other taxes are collected and when collected shall pay the same to the authority. The payment of such collections must be made monthly to the treasurer of the authority and paid into the depository thereof to the credit of the authority.
3. All taxes levied under this act, together with interest thereon and penalties for default in payment thereof, and all costs of collecting such taxes, interest and penalties constitute, until paid, a perpetual lien on and against the property taxed; and the lien is on a parity with the tax lien of other general taxes.
Sec. 16. If the taxes levied are not paid as provided in this act, the property subject to the tax lien must be sold and the proceeds thereof must be paid over to the authority according to the provisions of the laws applicable to tax sales and redemptions.
Sec. 17. Whenever any indebtedness or other obligations have been incurred by the authority, the board may, with the approval of the board of county commissioners of Lander County, levy taxes and collect revenue for the purpose of creating funds in such amount as the board may determine, which may be used to meet the obligations of the authority, for maintenance and operating charges and depreciation, and provide extension of and betterments to the airports of the authority.
Sec. 18. Upon the conditions and under the circumstances set forth in this act and in compliance with the Local Government Securities Law, the authority may borrow money and issue the following securities to evidence such borrowing:
1. Short-term notes, warrants and interim debentures.
2. General obligation bonds.
3. Revenue bonds.
Sec. 19. The authority may borrow money and incur or assume indebtedness therefor, as provided in this act, so long as the total of all such indebtedness (but excluding revenue bonds and other securities constituting special obligations which are not debts) does not exceed an amount equal to 5 percent of the total of the last assessed valuation of taxable property (excluding motor vehicles) situated within the geographical boundaries of the authority.
Sec. 20. The authority, upon the affirmative vote of five trustees and with the approval of the board of county commissioners of Lander County, is authorized to borrow money without an election in anticipation of the collection of taxes or other revenues, and to issue warrants and interim debentures to evidence the amount so borrowed.
κ1983 Statutes of Nevada, Page 1214 (CHAPTER 458, AB 549)κ
Sec. 21. 1. Subject to the provisions of NRS 350.001 to 350.006, inclusive, whenever the board determines, by resolution, that the interest of the authority and the public interest or necessity demand the issue of general obligation bonds to purchase, construct, or otherwise acquire, maintain, improve or equip airports, the board shall order the submission of the proposition of issuing such bonds to the registered voters of the authority at an election held for that purpose in the manner provided by NRS 350.020 to 350.070, inclusive.
2. Any such election may be held separately, or may be consolidated or held concurrently with any other election authorized by law.
3. The declaration of public interest or necessity required by this section and the provision for the holding of such election may be included within one and the same resolution, which resolution, in addition to the declaration of public interest or necessity, must:
(a) Recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, as the case may be, the maximum amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on the indebtedness.
(b) Fix the date upon which the election will be held and the manner of holding it and the method of voting for or against the incurring of the proposed indebtedness.
(c) Fix the compensation to be paid the officers of the election, designate the polling place and appoint, for each polling place from the electors of the authority, three officers of the election, one of whom shall act as clerk.
Sec. 22. 1. The election board shall conduct the election in the manner prescribed by law for the holding of general elections, and shall make their returns to the secretary of the authority.
2. At any regular or special meeting of the board of county commissioners of Lander County held within 5 days following the date of the election, the returns thereof must be canvassed and the results thereof declared.
Sec. 23. 1. If it appears from the returns that the registered voters of the authority approved the proposition submitted in the manner provided by NRS 350.070, the authority shall thereupon be authorized to issue and sell bonds of the authority for the purpose and object provided for in the proposition submitted and in the resolution therefor, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in the resolution.
2. Submission of the proposition of incurring such bonded indebtedness at an election does not prevent or prohibit submission of the proposition at any subsequent election called for that purpose.
Sec. 24. The authority may issue bonds (without the necessity of holding an election and as an alternative or in addition to other forms of borrowing authorized in this act) for the purpose of acquiring or improving airports, and the bonds must be made payable solely out of the net revenues derived from the operation of the airport or the furnishing of services, or from both such revenue sources of the authority; but a single bond issue may be had for more than one of such airports or services and the revenues for any of the income-producing airports and services provided by the authority may be pledged to pay for any other such airport or service.
κ1983 Statutes of Nevada, Page 1215 (CHAPTER 458, AB 549)κ
or services and the revenues for any of the income-producing airports and services provided by the authority may be pledged to pay for any other such airport or service. To that end, a single utility fund for any number of airports and services may be established and maintained.
Sec. 25. 1. Subject to the limitations and other provisions in this act, the board may issue on its behalf and in its name at any time or from time to time, as the board may determine, the following types of securities in accordance with the provisions of the Local Government Securities Law, except as otherwise provided in subsections 3, 4 and 5:
(a) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes;
(b) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes, the payment of which securities is additionally secured by a pledge of and lien on net revenues;
(c) Revenue bonds and other securities constituting special obligations and payable from net revenues, but excluding the proceeds of any general (ad valorem) property taxes, which payment is secured by a pledge of and lien on such net revenues; or
(d) Any combination of such securities.
2. Nothing in this act prevents the authority from funding, refunding or reissuing any outstanding securities of the authority of a type designated in subsection 1 as provided in the Local Government Securities Law.
3. General obligation or revenue bonds may be sold for not less than 90 percent of their face amount and for an effective rate which must not exceed by more than 3 percent:
(a) For general obligations, the Index of Twenty Bonds; and
(b) For special obligations, the Index of Revenue Bonds,
which was most recently published before the bids are received or a negotiated offer is accepted.
4. General obligation bonds, regardless of whether their payment is additionally secured by a pledge of and lien on net revenues, must be sold as provided in the Local Government Securities Law.
5. Revenue bonds may be sold at public sale as provided in the Local Government Securities Law or sold at private sale.
Sec. 26. The board may provide for the appointment of a paying or fiscal agency within or without the state, in relation to any general obligation or revenue bonds of the authority, which must be a bank possessing trust powers and which must act in a fiduciary capacity and not as a depositary, and may:
1. Provide for the powers, duties, functions and compensation of the agent.
2. Limit the liabilities of the agent.
3. Prescribe a method for his resignation and removal, and the merger or consolidation of agents.
4. Prescribe a method for the appointment of a successor agent and the transfer of rights and properties to the successor.
Sec. 27. 1. Bonds issued pursuant to this act, and the income therefrom, are exempt from all state, county and municipal taxation.
κ1983 Statutes of Nevada, Page 1216 (CHAPTER 458, AB 549)κ
2. All public officers and bodies of the state, municipal corporations, political subdivisions, all insurance companies and associations, all savings banks and savings institutions, including savings and loan associations, all executors, administrators, guardians, trustees and all other fiduciaries in the state may legally invest funds within their control in bonds of the authority.
Sec. 28. The approval of the board of county commissioners of Lander County required by sections 12, 13 and 14 of this act must not be unreasonably, capriciously or arbitrarily withheld.
Sec. 29. The authority is a public employer within the meaning of NRS 286.070, and the provisions of chapter 286 of NRS (Public Employees Retirement Act) apply to the authority and its employees.
Sec. 30. The authority by action of the board may adopt its own civil service plan to be administered by the board, which plan must include but need not be limited to the following provisions:
1. Entry into the service on the basis of open competition.
2. Service, promotions and remuneration on the basis of merit, efficiency and fitness.
3. Classifications of the positions in the service.
4. The rating of candidates on the basis of publicly announced competitive examinations and the maintenance of lists of eligible candidates.
5. Employment of candidates from the eligible lists in the highest qualified rating.
6. Probationary periods not to exceed 6 months.
7. Disciplinary action, suspension or discharge of employees for cause only with the right of notice and review.
8. Schedules of compensation and pay increases prepared by the board.
9. Promotion on the basis of ascertained merit, seniority in service and competitive examinations.
10. Provision for keeping service records on all employees.
11. Regulations for hours of work, attendance, holidays, leaves of absence and transfers.
12. Procedures for layoffs, discharge, suspension, discipline and reinstatement.
13. The exemption from civil service of persons employed to render professional, scientific, technical or expert service of a temporary or exceptional character, persons employed on projects paid from the proceeds of bonds issued by the authority and persons employed for a period of less than 3 months in any 12-month period.
14. Review by the board, at the request of the employee in question and after notice and public hearing of any disciplinary action, suspension or discharge of any employee, which action, suspension or discharge may be affirmed, modified or reversed by the board. Findings of fact by the board are subject to review by any court except for illegality or want of jurisdiction.
Sec. 31. Nothing contained in this act limits any power of Lander County to regulate airport hazards by zoning.
κ1983 Statutes of Nevada, Page 1217 (CHAPTER 458, AB 549)κ
Sec. 32. 1. It is the duty of the board of trustees of the authority and the board of county commissioners of Lander County, on or before July 1, 1983, to enter into an agreement for the orderly transfer to the authority of the airport properties, functions and outstanding obligations of Lander County, not inconsistent with the rights of existing bondholders, effective July 1, 1983. The agreement may include provisions for the transfer of Lander County airport employees to the authority with the retention by the employees of any civil service status.
2. On July 1, 1983:
(a) Any money on hand or to become available to Lander County for airport purposes shall be paid directly to the authority.
(b) Lander County shall deliver to the authority all property ordinarily and appropriately used in the operation and maintenance of the airport.
(c) The authority shall assume the obligations issued and accounts payable by Lander County for airport purposes.
3. The board of trustees of the authority first appointed pursuant to the provisions of this act shall:
(a) Meet promptly after their appointment and organize.
(b) Execute the mandatory agreement specified in subsection 1 of this section.
(c) Prepare the necessary budgets for the authority for the fiscal year ending June 30, 1984, pursuant to law.
(d) Assume full control, operation and maintenance of the Lander County airports on July 1, 1983, and exercise fully thereafter all of the powers and assume all of the duties granted to and imposed upon the board by this act.
Sec. 33. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 34. If any action is brought to have this act or any of its provisions declared invalid or to contest the legal status of the authority, before the authority has received money sufficient to employ an attorney, the district attorney of Lander County shall defend the action on behalf of the authority.
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κ1983 Statutes of Nevada, Page 1218κ
Assembly Bill No. 575Committee on Health and Welfare
CHAPTER 459
AN ACT relating to registered nurses; authorizing the state board of pharmacy to permit certain registered nurses to prescribe poisons, dangerous drugs and devices under certain circumstances; authorizing the state board of pharmacy to set different fees for the collective registration of certain registered nurses; authorizes the possessing and administering of controlled substances and dangerous drugs without certain certificates; and providing other matters properly relating thereto.
[Approved May 24, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A registered nurse may prescribe, under protocol and only by written prescription, poisons, dangerous drugs and devices if he:
(a) Is authorized to do so by the state board of nursing in a certificate issued by that board; and
(b) Applies for and obtains a certificate of registration from the state board of pharmacy and pays the fee set by a regulation adopted by the board. The board may set a single fee for the collective certification of the nurses in the employ of a public or nonprofit agency and a different fee for the individual certification of other nurses.
2. The state board of pharmacy shall consider each application from a registered nurse separately, and may:
(a) Issue a certificate of registration limiting:
(1) The authority of the registered nurse to prescribe poisons, dangerous drugs and devices;
(2) The area in which the registered nurse may perform the acts authorized by the certificate;
(3) The kind and amount of poisons, dangerous drugs and devices which the certificate permits the registered nurse to prescribe; and
(4) The practice of the registered nurse which involves prescribing poisons, dangerous drugs and devices in any manner which the board finds necessary to protect the health, safety and welfare of the public; or
(b) Refuse to issue a certificate of registration, regardless of the provisions of the certificate issued by the state board of nursing.
3. As used in this section, protocol has the meaning ascribed to it in section 4 of this act.
Sec. 2. NRS 639.1375 is hereby amended to read as follows:
639.1375 1. A registered nurse may [possess, administer and] dispense controlled substances, poisons, dangerous drugs and devices if he:
(a) Is authorized to do so by the state board of nursing in a certificate issued by that board; and
(b) Applies for and obtains a certificate of registration from the state board of pharmacy and pays the fee set by a regulation adopted by the board.
κ1983 Statutes of Nevada, Page 1219 (CHAPTER 459, AB 575)κ
board. The board may set a single fee for the collective certification of the nurses in the employ of a public or nonprofit agency and a different fee for the individual certification of other nurses.
2. The state board of pharmacy shall consider each application from a registered nurse separately, and may:
(a) Issue a certificate of registration limiting:
(1) The authority of the registered nurse to [possess, administer or] dispense controlled substances, poisons,, dangerous drugs and devices;
(2) The area in which the registered nurse may [perform the acts authorized by the certificate;] dispense;
(3) The kind and amount of controlled substances, poisons, dangerous drugs and devices which the certificate permits the registered nurse to [possess and use;] dispense; and
(4) The practice of the registered nurse which involves controlled substances, poisons, dangerous drugs and devices in any manner which the board finds necessary to protect the health, safety and welfare of the public;
(b) Issues a certificate of registration without any limitation not contained in the certificate issued by the state board of nursing; or
(c) Refuse to issue a certificate of registration, regardless of the provisions of the certificate issued by the state board of nursing.
3. If a certificate of registration issued pursuant to this section is suspended or revoked, the board may also suspend or revoke the registration of the physician for and with whom the registered nurse is in practice to dispense controlled substances.
4. The board shall adopt regulations setting forth the maximum amounts of any controlled substance, poison, dangerous drug and devices which a registered nurse who holds a certificate from the board may [possess,] dispense, the conditions under which they must be stored, transported and safeguarded, and the records which each such nurse [must] shall keep. In adopting its regulations, the board shall consider:
(a) The areas in which a nurse who holds a certificate from the board can be expected to practice and the populations of those areas;
(b) The experience and training of the nurse;
(c) Distances between areas of practice and the nearest hospitals and physicians;
(d) Effects on the health, safety and welfare of the public; and
(e) Other factors which the board considers important to the regulation of the practice of nurses who hold certificates from the board.
Sec. 3. NRS 453.375 is hereby amended to read as follows:
453.375 A controlled substance may be possessed and administered by the following persons:
1. If registered by the board:
(a) A practitioner.
(b) A physicians assistant at the direction of his supervising physician.
[(c) A registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to possess and administer controlled substances.]
κ1983 Statutes of Nevada, Page 1220 (CHAPTER 459, AB 575)κ
of nursing and a certificate from the state board of pharmacy permitting him to possess and administer controlled substances.]
2. Without being registered with the board:
(a) A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, or pursuant to a chart order of individual doses:
(1) From an original container which has been furnished as floor or ward stock;
(2) From a container dispensed by a registered pharmacist pursuant to a prescription; or
(3) Furnished by a practitioner.
(b) An advanced emergency medical technician-ambulance, at the direction of a physician or registered nurse as provided in NRS 450B.197.
(c) A respiratory therapist, at the direction of a physician.
(d) A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:
(1) In the presence of a physician or a registered nurse; or
(2) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician or nurse.
A medical student or student nurse may administer a controlled substance in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.
(e) A medical intern in the course of his internship.
(f) An ultimate user as defined in this chapter.
Sec. 4. Chapter 454 is hereby amended by adding thereto a new section which shall read as follows:
1. A registered nurse may prescribe, by written prescription only, poisons, dangerous drugs and devices for legitimate medical purposes in accordance with:
(a) The certificates he holds from the board and the state board of nursing; and
(b) The protocol which is approved by the state board of nursing.
2. For the purposes of this section, protocol means the written agreement between a physician and a registered nurse which sets forth matters including the:
(a) Patients which the registered nurse may serve;
(b) Specific poisons, dangerous drugs and devices which the registered nurse may prescribe; and
(c) Conditions under which the registered nurse shall directly refer the patient to the physician.
Sec. 5. NRS 454.00958 is hereby amended to read as follows:
454.00958 Practitioner means:
1. A physician, dentist, veterinarian or podiatrist who holds a valid license to practice his profession in this state.
2. A pharmacy, hospital or other institution licensed or registered to distribute, dispense, conduct research with respect to or to administer a dangerous drug in the course of professional practice in this state.
κ1983 Statutes of Nevada, Page 1221 (CHAPTER 459, AB 575)κ
to distribute, dispense, conduct research with respect to or to administer a dangerous drug in the course of professional practice in this state.
3. When relating to the prescription of poisons, dangerous drugs and devices, a registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him so to prescribe.
Sec. 6. NRS 454.213 is hereby amended to read as follows:
454.213 A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:
1. A practitioner.
2. A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a [physician,] prescribing practitioner or pursuant to a chart order of individual doses:
(a) From an original container which has been furnished as floor or ward stock;
(b) From a container dispensed by a registered pharmacist pursuant to a prescription; or
(c) Furnished by a practitioner.
3. A physicians assistant at the direction of his supervising physician.
4. An advanced emergency medical technician-ambulance, at the direction of a physician or registered nurse as provided in NRS 450B.197.
5. A respiratory therapist, at the direction of a physician.
6. A medical student or student nurse in the course of his studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:
(a) In the presence of a physician or a registered nurse; or
(b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.
A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.
7. A medical intern in the course of internship.
8. A registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to [administer] prescribe dangerous drugs.
Sec. 7. NRS 454.480 is hereby amended to read as follows:
454.480 1. Hypodermic devices may be sold by pharmacists on the prescription of a physician, dentist or veterinarian. Such prescriptions must be filed as required by NRS 639.236, and may be refilled as authorized by the prescriber. Records of refilling must be maintained as required by NRS 454.236 to 454.276, inclusive.
2. Except as otherwise provided in subsection 3, pharmacists and others holding hypodermic permits, unless the permit limits otherwise, may sell hypodermic devices without prescription for the following purposes:
(a) For use in the treatment of persons having asthma or diabetes.
κ1983 Statutes of Nevada, Page 1222 (CHAPTER 459, AB 575)κ
(b) For use in injecting medications prescribed by a [physician] practitioner for the treatment of human beings.
(c) For use in an ambulance for which a permit is held pursuant to NRS 450B.200 or 450B.210.
(d) For the injection of drugs in animals or poultry.
(e) For commercial or industrial use or use by jewelers or other merchants having need for such devices in the conduct of their business, or by hobbyists when the seller is satisfied that the device will be used for legitimate purposes.
(f) For use by funeral directors and embalmers, licensed medical technicians or technologists, or research laboratories.
3. Only pharmacists may sell without prescription any hypodermic device intended for human use, as set forth in paragraphs (a), (b) and (c) of subsection 2.
Sec. 8. Section 7 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
Senate Bill No. 468Committee on Transportation
CHAPTER 460
AN ACT relating to motor carriers; providing for the protection of existing motor carriers from detrimental competition; and providing other matters properly relating thereto.
[Approved May 24, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as provided in subsection 2, the commission may not investigate, suspend, revise or revoke any rate proposed by a common motor carrier or contract motor carrier because the rate is too high or too low and therefore unreasonable if:
(a) The motor carrier notifies the commission that it wishes to have the rate reviewed by the commission pursuant to this subsection; and
(b) The rate resulting from all increases or decreases within 1 year is not more than 10 percent above or 10 percent below the rate in effect 1 year before the effective date of the proposed rate.
2. This section does not limit the commissions authority to investigate, suspend, revise or revoke a proposed rate if the rate would violate the provisions of NRS 706.151.
Sec. 2. NRS 706.151 is hereby amended to read as follows:
706.151 1. It is hereby declared to be the purpose and policy of the legislature in enacting this chapter.
(a) Except to the extent otherwise provided in NRS 706.881 to 706.885, inclusive, to confer upon the commission the power and to make it the duty of the commission to regulate common and contract motor carriers and brokers, and to regulate for licensing purposes private motor carriers of property when used for private commercial enterprises on the highways of this state, and to confer upon the department the power [and authority] to license all motor carriers and to make it the duty of the department to enforce the provisions of this chapter and the regulations adopted by the commission pursuant to it, [so as] to relieve the [existing and all future] undue burdens on the highways arising by reason of the use of the highways by vehicles in a gainful occupation thereon;
κ1983 Statutes of Nevada, Page 1223 (CHAPTER 460, SB 468)κ
make it the duty of the commission to regulate common and contract motor carriers and brokers, and to regulate for licensing purposes private motor carriers of property when used for private commercial enterprises on the highways of this state, and to confer upon the department the power [and authority] to license all motor carriers and to make it the duty of the department to enforce the provisions of this chapter and the regulations adopted by the commission pursuant to it, [so as] to relieve the [existing and all future] undue burdens on the highways arising by reason of the use of the highways by vehicles in a gainful occupation thereon;
(b) To provide for reasonable compensation for the use of the highways in gainful occupations, and enable the State of Nevada, by [a utilization of the] using license fees, to provide [more fully] for the proper construction, maintenance and repair thereof, and thereby protect the safety and welfare of the traveling and shipping public in their use of the highways; and
(c) To provide for fair and impartial regulation, to promote safe, adequate, economical and efficient service and foster sound economic conditions in motor transportation . [, and to]
(d) To encourage the establishment and maintenance of reasonable charges for [such] motor transportation without unjust discriminations [,] against or undue preferences or advantages [, or unfair or destructive competitive practices.] being given to any motor carrier or applicant for a certificate of public convenience and necessity.
(e) To discourage any practices which would tend to increase or create competition that may be detrimental to the traveling and shipping public or the motor carrier business within this state.
2. All of the provisions of this chapter must be administered and enforced with a view to carrying out the declaration of policy contained in [subsection 1.] this section.
Sec. 3. NRS 706.166 is hereby amended to read as follows:
706.166 The commission shall:
1. Supervise and regulate every common and contract motor carrier and broker in this state in all matters affecting the relationship between [such] the carriers and brokers and the traveling and shipping public over and along the highways.
2. Regulate for licensing purposes private motor carriers of property when used for private commercial enterprises on the highways.
3. To [implement] carry out the policies [and objectives] expressed in [paragraph (c) of subsection 1 of] NRS 706.151, adopt regulations providing for agreements between two or more motor carriers relating to:
(a) Fares;
(b) Rates;
(c) Classifications;
(d) Divisions;
(e) Allowances; and
(f) Charges, including charges between carriers and compensation paid or received for the use of facilities and equipment.
[Such] These regulations may not provide for collective agreements which [preclude the unrestrained right of] restrain any party [to take] from taking free and independent action.
κ1983 Statutes of Nevada, Page 1224 (CHAPTER 460, SB 468)κ
which [preclude the unrestrained right of] restrain any party [to take] from taking free and independent action.
Sec. 4. NRS 706.391 is hereby amended to read as follows:
706.391 1. Upon the filing of an application for a certificate of public convenience and necessity to operate as a motor carrier, the commission shall fix a time and place for hearing thereon . [, and shall proceed according to the provisions of the laws of this state made applicable thereto.
2. Before granting such a certificate of public convenience and necessity to an applicant, the commission shall take into consideration:
(a) Other authorized transportation facilities in the territory for which a certificate is sought;
(b) The public necessity and convenience to be accorded by the service offered by the applicant; and
(c) Whether the applicant is fit, willing and able to perform the services of a common motor carrier and whether the proposed operation will be consistent with the legislative policy set forth in NRS 706.151.
3.] 2. The commission shall issue such a certificate if it finds that:
(a) The applicant is fit, willing and able to perform the services of a common motor carrier;
(b) The proposed operation will be consistent with the legislative policies set forth in NRS 706.151;
(c) The granting of the certificate will not unreasonably and adversely affect other carriers operating in the territory for which the certificate is sought; and
(d) The proposed service will benefit the traveling and shipping public and the motor carrier business in this state.
3. An applicant for such a certificate has the burden of proving to the commission that the proposed operation will meet the requirements of subsection 2.
4. The commission may issue a certificate of public convenience and necessity to operate as a common motor carrier, or issue it for:
(a) The exercise of the privilege sought.
(b) The partial exercise [only] of the privilege sought.
[4.] 5. The commission may attach to [the exercise of the rights granted by] the certificate such terms and conditions as, in its judgment, the public interest may require.
[5.] 6. The commission may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the certificate has been filed by or in behalf of any interested person.
________
κ1983 Statutes of Nevada, Page 1225κ
Assembly Bill No. 320Assemblymen Kerns, Bilyeu, Humke, Fay, Joerg, Bergevin, Malone, Jeffrey, Bourne, Stone, Ham, Bogaert, Stewart, Getto, Zimmer, Swain, Francis, Vergiels, Craddock, Thompson, Schofield, Brady, Dini, Nicholas, Marvel, Nevin, DuBois, Collins, Coffin, Sedway, Thomas, May, Redelsperger, Chaney, Banner and Perry
CHAPTER 461
AN ACT relating to fire; expanding the types of buildings which are exempted from the requirement of automatic sprinklers; deferring related changes in state buildings except where there are permanent accommodations for sleeping; and providing other matters properly relating thereto.
[Approved May 24, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 477.160 is hereby amended to read as follows:
477.160 1. The owner or operator of every building or portion of a building used for public assembly : [except churches and buildings associated with them, meeting halls of fraternal organizations, and gymnasiums belonging to schools and other nonprofit organizations:]
(a) Which has a room or rooms which have a total floor area of more than 5,000 square feet and which are used for public assembly, within a building with a total floor area of 12,000 square feet or more, shall install automatic sprinklers for protection from fire as required by regulation of the state fire marshal, except in those areas where the authority waives this requirement. The authority may waive this requirement for any space which is separated from this area by construction whose resistance to fire has been approved by the authority.
(b) Which is certified for occupancy by more than 300 persons shall:
(1) Use interior finishes in the areas used for public assembly which comply with chapter 42 of the 1979 edition of the Uniform Building Code as it relates to retarding the spread of fire; [or]
(2) Install automatic sprinklers in the areas used for public assembly for protection from fire as required by regulations adopted by the state fire marshal [.] ; or
(3) Apply a flame-retarding solution which has been approved by the authority and will produce an interior finish equal to that required by subparagraph (1).
2. For the purposes of this section, a building or a portion of a building is used for public assembly if 50 or more persons assemble there for any purpose other than in the normal course of their employment.
3. The provisions of this section do not apply to:
(a) Churches and buildings associated with them;
(b) Meeting halls of fraternal organizations;
(c) Gymnasiums which belong to schools or other nonprofit organizations; and
(d) Any other area which:
κ1983 Statutes of Nevada, Page 1226 (CHAPTER 461, AB 320)κ
(1) Is at ground level;
(2) Has no public area more than 100 feet from an outside exit;
(3) Limits occupancy to 50 persons per 1,000 square feet;
(4) Is not more than two stories in height; and
(5) Contains no areas regularly used for sleeping or living,
if the area complies with the requirements set by the authority for interior finishes in all areas and for smoke-detectors and domestic fire sprinklers in hazardous areas.
Sec. 2. The obligation of this state during the fiscal biennium beginning on July 1, 1983, to make any changes in its existing buildings which would otherwise be required pursuant to chapter 659, Statutes of Nevada 1981, is limited to those buildings in state institutions which contain permanent accommodations for sleeping.
Sec. 3. 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] Except as limited by section 2 of this amendatory act, 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 waiver 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. 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.
κ1983 Statutes of Nevada, Page 1227 (CHAPTER 461, AB 320)κ
Sec. 4. Section 3 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
Assembly Bill No. 592Committee on Government Affairs
CHAPTER 462
AN ACT relating to the regulation of public utilities; reducing the conditions which must be imposed on a permit to construct a plant for generating electrical energy from geothermal sources for export; and providing other matters properly relating thereto.
[Approved May 24, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 704.030 is hereby amended to read as follows:
704.030 Public utility, as used in this chapter, does not include:
1. Corporations, partnerships, sole proprietorships, associations of natural persons, their lessees, trustees or receivers appointed by any court, insofar as they own, control, operate or manage motor vehicles operated as hearses, ambulances or hotel buses engaged in the transportation of persons for hire exclusively within the limits of a city of this state.
2. Corporations, partnerships, sole proprietorships or associations of natural persons engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission of natural gas other than as a common carrier transmission or distribution line or system.
3. Corporations, cooperatives, nonprofit corporations or associations, partnerships, sole proprietorships, associations of natural persons, their lessees, trustees or receivers appointed by any court, engaged in the business of furnishing, for compensation, water or sewer services, or water and sewer services, to persons within this state if:
(a) They serve 25 persons or less; or
(b) Their gross sales for water or sewer services, or water and sewer services, amounted to $5,000 or less during the immediately preceding 12 months,
and in either case they do not own or control any other such business furnishing water or sewer service or water and sewer service within this state.
4. Any common motor carrier, contract motor carrier of passengers or property, or private motor carrier subject to the provisions of chapter 706 of NRS.
5. Corporations or other persons not normally engaged in the production and sale of water but which sell or furnish water as an accommodation in an area where water is not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water, for compensation, to persons within the political subdivision.
κ1983 Statutes of Nevada, Page 1228 (CHAPTER 462, AB 592)κ
engaged in the business of furnishing water, for compensation, to persons within the political subdivision.
6. Corporations or other persons who are engaged in the production and sale of geothermal energy , including electricity produced from geothermal energy, to public utilities, cities, counties or other entities which are reselling the energy to the public.
Sec. 2. NRS 704.892 is hereby amended to read as follows:
704.892 1. When application is made for the construction of a plant for the generation of electrical energy using any natural resource of this state, including but not limited to coal, geothermal steam and water resources, for export outside this state, the commission:
(a) May grant or deny the construction permit.
(b) Except as otherwise provided in [subsection 2,] subsections 2 and 3, shall condition the granting of the construction permit on the applicants making available to public utilities which primarily serve retail customers in this state an amount of capacity equal to or less than the amount provided for export in one of the following ways:
(1) Fifty percent of that amount of capacity must be made available to those utilities; or
(2) If less than 50 percent of that amount of capacity initially is taken by those utilities, provision must be made for recapture by those utilities of up to 50 percent of the capacity available from the project,
and in either case for a reciprocal commitment by out-of-state participants to allow the Nevada utilities to participate in any future capacity of such participants to generate or transmit electricity to the same extent that the out-of-state participants have participated in such capacity from the project to be constructed.
2. In the case of a project for the generation and transmission of electricity financed in whole or in part under NRS 244A.669 to 244A.763, inclusive:
(a) The construction permit [must] may be conditioned only upon the compliance with the provisions of those sections with respect to participation of Nevada utilities in the project, the recapture of capacity thereof from out-of-state utilities and the reciprocal participation rights of Nevada utilities.
(b) Before granting the construction permit, the commission must approve the contracts for the purchase of capacity and the agreement or agreements for the construction and operation of the project required by subsection 2 of NRS 244A.741. The commission shall either approve or disapprove such an agreement or contract within 90 days after filing. The county shall, every 6 months during construction of such a project, file with the commission a report as to the then-current estimates of the total cost of the project, but such reports are not filed for approval or disapproval by the commission.
3. In the case of geothermal projects, the construction permit may be conditioned only on a prior offering of the capacity of the project to the public utility in this state which primarily serves retail customers in the service area nearest to the proposed project, and if the offer is declined, the applicant is free to export the capacity of the project without any obligation to reoffer that capacity to any public utility in this state.
κ1983 Statutes of Nevada, Page 1229 (CHAPTER 462, AB 592)κ
without any obligation to reoffer that capacity to any public utility in this state.
________
Senate Bill No. 454Senator Jacobsen
CHAPTER 463
AN ACT relating to license plates for motor vehicles; authorizing the issuance of decals to identify persons with licenses for amateur radio; and providing other matters properly relating thereto.
[Approved May 24, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.2705 is hereby amended to read as follows:
482.2705 1. The director shall order the preparation of vehicle license plates for passenger cars and trucks in the same manner as is provided for motor vehicles generally in NRS 482.270.
2. Every license plate assigned to a passenger car or truck must contain:
(a) A space for the name of a county [; and] or other identification; and
(b) A designation which consists of a group of three numerals followed by a group of three letters.
3. Any license plate issued for a passenger car or truck before January 1, 1982, bearing a designation which is not in conformance with the system described in subsection 2 is valid during the period for which the plate was originally issued as well as during any annual extensions by stickers.
Sec. 2. NRS 482.271 is hereby amended to read as follows:
482.271 1. The director shall order the preparation of decals which are adhesive strips treated to reflect light and designed to fit in the spaces reserved for the names of counties on vehicle license plates for passenger cars and trucks. Each decal shall display the name of a county in prominent block lettering.
2. The director shall order the preparation of decals similar to those used to identify counties, which display the words RADIO AMATEUR in prominent block lettering and which are reserved for use on the special plates issued pursuant to NRS 482.375.
3. The decals described in subsections 1 and 2 may be purchased for display on license plates in the spaces reserved for them. They must be available for purchase upon request, in person or by mail, in every office where motor vehicle license plates may be purchased.
[3.] 4. The fee for a decal is $0.50, which must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the cost of manufacturing the decals.
Sec. 3. NRS 482.375 is hereby amended to read as follows:
482.375 1. An owner of a motor vehicle who is a resident of the State of Nevada and who holds an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application accompanied by proof of ownership of [such amateur radio station license,] that license, complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and upon the payment of the regular license fee for plates as prescribed by law, and the payment of an additional fee of $3, [shall] must be issued a license plate or plates, upon which in lieu of the numbers as prescribed by law [shall] must be inscribed the official amateur radio call letters of [such] the applicant as assigned by the Federal Communications Commission.
κ1983 Statutes of Nevada, Page 1230 (CHAPTER 463, SB 454)κ
State of Nevada and who holds an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application accompanied by proof of ownership of [such amateur radio station license,] that license, complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and upon the payment of the regular license fee for plates as prescribed by law, and the payment of an additional fee of $3, [shall] must be issued a license plate or plates, upon which in lieu of the numbers as prescribed by law [shall] must be inscribed the official amateur radio call letters of [such] the applicant as assigned by the Federal Communications Commission. [Such] The plate or plates may be used only on a private passenger car, trailer or travel trailer or on a noncommercial truck having an unladen weight of 6,000 pounds or less.
2. The applicant may also purchase and display on his plate or plates, in the space provided for it, a decal with the designation RADIO AMATEUR.
3. The department shall make such [rules and] regulations as are necessary to ascertain compliance with all state license laws relating to the use and operation of a motor vehicle before issuing [such] the plates in lieu of the regular Nevada license plate or plates, and all applications for [such plates shall] the plates must be made to the department.
Sec. 4. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as provided in subsection 2, whenever upon application any duplicate or substitute certificate of registration or ownership, decal or number plate is issued, 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 decal designating a radio amateur......................................... .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, 482.380 or section 1, of [this act.] Assembly Bill No. 362 of this session. 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 or the designation for operators of amateur radios 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.
Sec. 5. Section 4 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
κ1983 Statutes of Nevada, Page 1231κ
Assembly Bill No. 579Committee on Natural Resources, Environment and Agriculture
CHAPTER 464
AN ACT relating to bees; requiring beekeepers to pay annual registration fees; requiring certain beekeepers to pay an annual assessment fee; providing penalties; removing the annual special tax on each colony; and providing other matters properly relating thereto.
[Approved May 24, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 552 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Every person who owns or possesses sixteen or more colonies of bees shall pay to the department an annual fee for each colony in excess of 15. The state board of agriculture shall set the amount of the fee, which may not exceed one dollar per colony, after consultation with representatives of the states beekeepers.
Sec. 2. NRS 552.155 is hereby amended to read as follows:
552.155 1. Every person who is the owner or in possession of an apiary located within this state shall, on or before May 1 of each year, and within 10 days after obtaining possession of an apiary, [register with] apply to the department for registration, stating the number of colonies therein and the location thereof.
2. The application must be accompanied by a registration fee as follows:
(a) If the beekeeper owns or possesses fifteen or fewer colonies, $5.00.
(b) If the beekeeper owns or possess sixteen or more colonies, $7.50.
3. If the beekeeper owns or possesses sixteen or more colonies, the application must also be accompanied by the annual fee for each colony in excess of 15.
4. The fees imposed by this section must be paid within 30 days after May 1 or within 30 days after obtaining possession of the colonies. The penalty for late payment is 50 percent of the amount due.
5. Upon receipt of the application and the required fees, the department shall issue a registration number to [each] the beekeeper . [in this state, which shall] The number must be displayed in a conspicuous place in [each] the apiary.
[3.] 6. It [shall be] is unlawful for any person to maintain an apiary within this state without registering [the same] it as provided in this section.
Sec. 3. NRS 561.365 is hereby amended to read as follows:
561.365 1. The apiary inspection fund is hereby created in the state treasury as a special revenue fund for the use of the department.
2. The following [special taxes,] fees [and other money] must be deposited in the apiary inspection fund:
κ1983 Statutes of Nevada, Page 1232 (CHAPTER 464, AB 579)κ
(a) [Any special tax on colonies of bees as provided by law.
(b)] Fees collected under the provisions of NRS 552.085 to 552.310, inclusive.
[(c)] (b) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of bees, as authorized by NRS 561.305, and as may be necessary under the provisions of NRS 552.085 to 552.310, inclusive.
3. Expenditures from the apiary inspection fund must be made only for the purpose of carrying out the provisions of chapter 552 of NRS, and the provisions of this chapter.
Sec. 4. NRS 552.120 and 552.130 are hereby repealed.
Sec. 5. For the year 1983 only, the fees required in sections 1 and 2 of this act must be paid by July 1, 1983.
Sec. 6. 1. This section and sections 1, 2 and 5 of this act shall become effective upon passage and approval.
2. Sections 3 and 4 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
Senate Bill No. 401Committee on Judiciary
CHAPTER 465
AN ACT relating to civil actions; authorizing the supreme court to adopt rules for the establishment of programs of arbitration by district courts; and providing other matters properly relating thereto.
[Approved May 24, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 38 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Upon petition by the district court of any judicial district or on its own initiative, the supreme court may adopt rules which provide guidelines for the establishment by a district court of a voluntary or mandatory program for the arbitration of civil actions.
2. The rules must provide that the district court of any judicial district may establish a program pursuant thereto, subject to the limitations of the budgets of the counties within the jurisdiction of the court.
3. The rules must exclude the following from any program of mandatory arbitration:
(a) Actions in which the amount in issue, excluding attorneys fees, interest and court costs, is more than $15,000, or less than the maximum jurisdictional amounts specified in NRS 4.370 and 73.010;
(b) Class actions;
(c) Actions in equity;
(d) Actions concerning the title to real estate;
(e) Probate actions; and
κ1983 Statutes of Nevada, Page 1233 (CHAPTER 465, SB 401)κ
(f) Appeals from courts of limited jurisdiction.
4. The rules must include guidelines for the award of attorneys fees and the costs of the arbitration and trial upon the exercise by either party of his right to a trial anew after the arbitration.
Sec. 2. NRS 38.215 is hereby amended to read as follows:
38.215 1. Except as provided in [subsection 2,] subsections 2 and 3, all civil actions for damages for personal injury, death or property damage arising out of the ownership, maintenance or use of a motor vehicle, where the cause of action arises in the State of Nevada and the amount in issue does not exceed $3,000, shall be submitted to arbitration, in accordance with the provisions of NRS 38.015 to 38.205, inclusive.
2. Any such action over which a justices court has jurisdiction shall be submitted to such arbitration only upon the mutual consent of the parties.
3. Subsection 1 does not apply to civil actions within the jurisdiction of the district court of a judicial district in which a program of mandatory arbitration is in effect.
________
Senate Bill No. 162Committee on Commerce and Labor
CHAPTER 466
AN ACT relating to liquefied petroleum gas; revising the classification of businesses engaged in activities relating thereto; providing an exemption; authorizing the establishment of fees by regulation; and providing other matters properly relating thereto.
[Approved May 24, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 590.505 is hereby amended to read as follows:
590.505 1. The board may adopt a seal for its own use which must have imprinted thereon the words Nevada Liquefied Petroleum Gas Board. The care and custody of the seal is the responsibility of the secretary-treasurer of the board.
2. The board may appoint an executive secretary and such other technical, clerical or investigative personnel as it deems necessary and fix the compensation of those appointees. The executive secretary and all appointees [shall] must be paid out of the money of the board. The board may require the executive secretary and any other appointees to give a bond to the board for the faithful performance of their duties, the premiums on the bond being paid out of the money of the board.
3. The board may adopt regulations setting forth minimum general standards covering the design, construction, location, installation and operation of equipment for storing, handling, transporting by tank truck, tank trailer, and utilizing liquefied petroleum gases and specifying the odorization of the gases and the degree thereof.
κ1983 Statutes of Nevada, Page 1234 (CHAPTER 466, SB 162)κ
truck, tank trailer, and utilizing liquefied petroleum gases and specifying the odorization of the gases and the degree thereof.
4. The board may prescribe the method and form of application for a liquefied petroleum gas license, investigate the experience, reputation and background of applicants, issue, suspend, revoke or deny licenses and conduct hearings in connection with the applications for, or revocation of, licenses. In conducting hearings on the issuance or revocation of any license, the board may compel the attendance of witnesses by use of subpena and apply to the district court of the county where the hearing is held for an order citing any applicant or witness for contempt, for failure to attend or testify.
5. The board may suspend or revoke licenses and refuse renewals of licenses when the applicant or licensee has been guilty of acts of conduct, harmful to either the safety or protection of the public.
6. In carrying out the provisions of NRS 590.465 to 590.645, inclusive, and holding its regular or special meetings, the board may adopt bylaws setting forth procedures and methods of operation.
7. The board shall submit to the governor a biennial report before September 1 of each even-numbered year, covering the biennium ending June 30 of that year, of its transactions during the preceding biennium, including a complete statement of the receipts and expenditures of the board during the period.
8. The board shall keep accurate records and minutes of all meetings and the records and minutes so kept must be open to public inspection at all reasonable times. The board shall also keep a record of all applications for licenses, and licenses issued by it, which is a public record.
9. The board may adopt regulations setting reasonable fees for applications, licenses and inspections. The board may retain all [application and license] such fees collected under the provisions of NRS 590.465 to 590.645, inclusive, for the maintenance of an office, the payment of salaries and expenses and the carrying out of the provisions of NRS 590.465 to 590.645, inclusive.
10. The board may conduct examinations of any applicant to determine the responsibility, ability, knowledge, experience or other qualification of the applicant for a license under NRS 590.465 to 590.645, inclusive, and may require a reasonable amount of personal injury and property damage insurance coverage.
11. The board may grant variances from its regulations when it deems it to the best interest of the safety of the public or the persons using LPG materials or services.
Sec. 2. NRS 590.575 is hereby amended to read as follows:
590.575 For the purpose of administering the provisions of NRS 590.465 to 590.645, inclusive, and section 3 of this act, and [in determining] adopting the [applicable] application and license fees to be remitted, the board may classify any person, firm or corporation [and may charge them the fees] as follows:
1. Class 1. A fully licensed dealer [shall be classified as one] who is engaged in the business of installing equipment for the use of LPG and who sells, fills, refills, delivers, or is permitted to deliver any LPG .
κ1983 Statutes of Nevada, Page 1235 (CHAPTER 466, SB 162)κ
LPG and who sells, fills, refills, delivers, or is permitted to deliver any LPG . [, and the fees payable by class 1 businesses are:
(a) Application fee of $25.
(b) Annual license fee of $170.]
2. Class 2. A business engaged in the sale, transportation and exchange of cylinders, but not in transporting or transferring gas in liquid bulk . [, and the fees payable by class 2 businesses are:
(a) Application fee of $15.
(b) Annual license fee of $20.]
3. Class 3. A business not engaged in the sale of LPG, but engaged in the sale and installation of gas-consuming appliances, piping, apparatuses, fixtures and connections . [, and the fees payable by class 3 businesses are:
(a) Application fee of $15.
(b) Annual license fee of $20.
4. Class 4. Those businesses not specifically falling within classifications 1, 2 and 3 shall, at the discretion of the board, be issued special licenses, and the fees payable for the special licenses by class 4 businesses are:
(a) Application fee of $15.
(b) Annual license fee of $35.]
4. Class 4. A business which operates one or more dispensers at a fixed location for the resale of propane to the public.
5. Class 5. Any other business engaged in activities relating to LPG which the board determines requires a special license.
Sec. 3. Chapter 590 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any business or public utility which is subject to the jurisdiction of the public service commission of Nevada is exempt from the provisions of NRS 590.465 to 590.645, inclusive.
________
Senate Bill No. 377Committee on Government Affairs
CHAPTER 467
AN ACT relating to state employees; clarifying a provision exempting contracts of employment dealing with wages, hours and working conditions from the requirements relating to state employees; and providing other matters properly relating thereto.
[Approved May 24, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.180 is hereby amended to read as follows:
284.180 1. The legislature declares that since uniform salary and wage rates and classifications are necessary for an effective and efficient personnel system, the pay plan [shall] must set the official rates applicable to all positions in the classified service, but the establishment of the pay plan [shall] in no way [limit] limits the authority of the legislature relative to budgeted appropriations for salary and wage expenditures.
κ1983 Statutes of Nevada, Page 1236 (CHAPTER 467, SB 377)κ
applicable to all positions in the classified service, but the establishment of the pay plan [shall] in no way [limit] limits the authority of the legislature relative to budgeted appropriations for salary and wage expenditures.
2. Credit for overtime work directed or approved by an agency head or his representative [shall] must be earned at the rate of time and one-half, except for those employees determined by the division to be executive, administrative, professional or supervisory. Executive, administrative, professional and supervisory employees [shall] earn credit for overtime at their regular straight time rate. Overtime [shall be] is considered time worked in excess of an 8-hour day or a 40-hour week, except for:
(a) Those employees who choose and are approved for a variable workday, in which case overtime will be considered only after working 40 hours in one week; and
(b) Those employees who choose and are approved for a variable 80-hour work schedule within a biweekly pay period, in which case overtime will be considered only after working 80 hours biweekly.
3. An agency may experiment with innovative workweeks upon the approval of the head of the agency and after majority consent of the affected employees.
4. This [chapter shall not be construed to supersede or conflict with existing or future contracts of employment dealing with wages, hours and working conditions.] section does not supersede or conflict with existing contracts of employment for employees hired to work 24 hours a day in a home setting. Any future classification in which an employee will be required to work 24 hours a day in a home setting must be approved in advance by the commission.
Sec. 2. Section 29 of Senate Bill No. 232 of this session is hereby amended to read as follows:
Sec. 29. NRS 284.180 is hereby amended to read as follows:
284.180 1. The legislature declares that since uniform salary and wage rates and classifications are necessary for an effective and efficient personnel system, the pay plan must set the official rates applicable to all positions in the classified service, but the establishment of the pay plan in no way limits the authority of the legislature relative to budgeted appropriations for salary and wage expenditures.
2. Credit for overtime work directed or approved by an agency head or his representative must be earned at the rate of time and one-half, except for those employees determined by the [division] department to be executive, administrative, professional or supervisory. Executive, administrative, professional and supervisory employees earn credit for overtime at their regular straight time rate. Overtime is considered time worked in excess of an 8-hour day or a 40-hour week, except for:
(a) Those employees who choose and are approved for a variable workday, in which case overtime will be considered only after working 40 hours in [one] 1 week; and
κ1983 Statutes of Nevada, Page 1237 (CHAPTER 467, SB 377)κ
(b) Those employees who choose and are approved for a variable 80-hour work schedule within a biweekly pay period, in which case overtime will be considered only after working 80 hours biweekly.
3. An agency may experiment with innovative workweeks upon the approval of the head of the agency and after majority consent of the affected employees.
4. This section does not supersede or conflict with existing contracts of employment for employees hired to work 24 hours a day in a home setting. Any future classification in which an employee will be required to work 24 hours a day in a home setting must be approved in advance by the commission.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 236Committee on Judiciary
CHAPTER 468
AN ACT relating to limitation of actions; expanding the period of limitation for an action for damages for injury caused by deficiency in improvement to real property; and providing other matters properly relating thereto.
[Approved May 24, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 11 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. Except as otherwise provided in sections 3 and 4 of this act, no action may be commenced against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction, or the construction, of an improvement to real property more than 8 years after the substantial completion of such an improvement, for the recovery of damages for:
(a) Any latent deficiency in the design, planning, supervision or observation of construction or the construction of such an improvement;
(b) Injury to real or personal property caused by any such deficiency; or
(c) Injury to or the wrongful death of a person caused by any such deficiency.
2. Notwithstanding the provisions of NRS 11.190 and subsection 1 of this section, where injury occurs in the eighth year after the substantial completion of such an improvement, an action for damages for injury to property or person, damages for wrongful death resulting from such injury or damages for breach of contract may be commenced within 2 years after the date of such injury, irrespective of the date of death, but in no event may an action be commenced more than 10 years after the substantial completion of the improvement.
κ1983 Statutes of Nevada, Page 1238 (CHAPTER 468, SB 236)κ
date of death, but in no event may an action be commenced more than 10 years after the substantial completion of the improvement.
3. For the purposes of this section, latent deficiency means a deficiency which is not apparent by reasonable inspection.
Sec. 3. 1. Except as otherwise provided in section 4 of this act, no action may be commenced against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction, or the construction of an improvement to real property more than 10 years after the substantial completion of such an improvement, for the recovery of damages for:
(a) Any deficiency in the design, planning, supervision or observation of construction or the construction of such an improvement which is known or through the use of reasonable diligence should have been known to him;
(b) Injury to real or personal property caused by any such deficiency; or
(c) Injury to or the wrongful death of a person caused by any such deficiency.
2. Notwithstanding the provisions of NRS 11.190 and subsection 1 of this section, where injury occurs in the tenth year after the substantial completion of such an improvement, an action for damages for injury to property or person, damages for wrongful death resulting from such injury or damages for breach of contract may be commenced within 2 years after the date of such injury, irrespective of the date of death, but in no event may an action be commenced more than 12 years after the substantial completion of the improvement.
Sec. 4. 1. An action may be commenced against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction, or the construction of an improvement to real property at any time after the substantial completion of such an improvement, for the recovery of damages for:
(a) Any deficiency in the design, planning, supervision or observation of construction or the construction of such an improvement which is the result of his willful misconduct or which he fraudulently concealed;
(b) Injury to real or personal property caused by any such deficiency; or
(c) Injury to or the wrongful death of a person caused by any such deficiency.
2. The provisions of this section do not apply in an action brought against:
(a) The owner or keeper of any hotel, inn, motel, motor court, boarding house or lodging house in this state on account of his liability as an innkeeper.
(b) Any person on account of a defect in a product.
Sec. 5. The limitations respectively prescribed by sections 2 and 3 of this act and NRS 11.205 are not a defense in an action brought against:
1. The owner or keeper of any hotel, inn, motel, motor court, boarding house or lodging house in this state on account of his liability as an innkeeper.
κ1983 Statutes of Nevada, Page 1239 (CHAPTER 468, SB 236)κ
2. Any person on account of a defect in a product.
Sec. 6. NRS 11.205 is hereby amended to read as follows:
11.205 1. [No] Except as otherwise provided in sections 3 and 4 of this act, no action [in tort, contract or otherwise shall] may be commenced against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction , or the construction [,] of an improvement to real property more than 6 years after the substantial completion of such an improvement, for the recovery of damages for:
(a) Any patent deficiency in the design, planning, supervision or observation of construction or the construction of such an improvement; [or]
(b) Injury to real or personal property caused by any such deficiency; or
(c) Injury to or the wrongful death of a person caused by any such deficiency.
2. Notwithstanding the provisions of NRS 11.190 and subsection 1 of this section, where injury occurs in the sixth year after the substantial completion of such an improvement, an action for damages for injury to property or person, damages for wrongful death resulting from such injury or damages for breach of contract may be commenced within [1 year] 2 years after the date of such injury, irrespective of the date of death, but in no event may an action be commenced more than [7] 8 years after the substantial completion of the improvement.
3. [Where an action for damages for wrongful death or injury to person or property caused by any deficiency in an improvement to real property is brought against a person in actual possession or control as owner, tenant or otherwise of such improvement, the limitation prescribed by this section shall not be a defense for such person.] For the purposes of this section, patent deficiency means a deficiency which is apparent by reasonable inspection.
________
Senate Bill No. 462Senator Jacobsen
CHAPTER 469
AN ACT relating to dairy products; eliminating the delay between the filing of prices and their effectiveness; and providing other matters properly relating thereto.
[Approved May 24, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 584.583 is hereby amended to read as follows:
584.583 1. No distributor or retailer may sell fluid milk, fluid cream, butter or fresh dairy byproducts below cost. Fresh dairy byproducts includes but is not limited to [the following items:] buttermilk, skim milk, chocolate drink, ice cream, ice milk mix, sherbet, sour cream, sour cream dressing and cottage cheese [; and does not necessarily define] without regard to the class of fluid milk or fluid cream which is used to make such products.
κ1983 Statutes of Nevada, Page 1240 (CHAPTER 469, SB 462)κ
byproducts includes but is not limited to [the following items:] buttermilk, skim milk, chocolate drink, ice cream, ice milk mix, sherbet, sour cream, sour cream dressing and cottage cheese [; and does not necessarily define] without regard to the class of fluid milk or fluid cream which is used to make such products.
2. In determining cost in the case of a distributor who processes or manufactures fluid milk, fluid cream, butter or fresh dairy byproducts, the following factors are included, but cost is not necessarily limited to [such] these factors:
(a) Cost of raw products based on actual cost or on current and prospective supplies of fluid milk and fluid cream in relation to current and prospective demands for fluid milk and fluid cream.
(b) Cost of production.
(c) Reasonable return upon capital investment.
(d) [Producer] Producers transportation costs.
(e) Cost of compliance with health regulations.
(f) Overhead costs as determined according to generally accepted accounting principles.
3. In determining cost in the case of a peddler-distributor or retailer, the following factors are included, but cost is not necessarily limited to [such] these factors:
(a) Purchase price of the product.
(b) Overhead cost for handling.
(c) Reasonable return upon capital investment.
4. Each distributor who processes or manufactures fluid milk, fluid cream, butter or fresh dairy byproducts shall file with the commission a statement of costs, listing separately the items set forth in subsection 2 of this section and any other applicable cost factors. The statements [shall] must be kept current by supplement under regulations promulgated by the commission. All statements must be kept confidential by the commission except when used in judicial proceedings or administrative proceedings under NRS 584.325 to 584.690, inclusive.
5. Each distributor who processes or manufactures fluid milk, fluid cream, butter or fresh dairy byproducts and each peddler-distributor shall file with the commission lists of wholesale prices and of minimum retail, distributor and dock prices. No distributor may sell at wholesale prices other than, or at retail, distributor or dock prices less than, those contained in the appropriate list, except in the case of bids to departments or agencies of federal, state and local governments . [; but in] In no case may the distributor sell below cost as provided in this section. [Prices must not become effective until the seventh day after filing, but any other distributor may meet the price so filed if he files with the commission a schedule of prices in the manner required by NRS 584.584.]
Sec. 2. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 1241κ
Senate Bill No. 207Committee on Transportation
CHAPTER 470
AN ACT relating to the department of motor vehicles; changing titles of certain positions; increasing the charge for dishonored checks; raising the amount of money in the motor vehicle revolving account; and providing other matters properly relating thereto.
[Approved May 24, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 481.048 is hereby amended to read as follows:
481.048 1. There is hereby created, within the registration division of the department, [a section known as the vehicle compliance and enforcement section.] the bureau of enforcement.
2. The director shall appoint within the limits of legislative appropriations, pursuant to the provisions of chapter 284 of NRS, [field dealer inspectors] investigators in the [vehicle compliance and enforcement section] bureau of enforcement of the registration division of the department.
3. The duties of [field dealer inspectors shall be] the investigators are to travel the state and:
(a) Act as [field agents and inspectors] investigators in the enforcement of the provisions of chapters 482 and 487 of NRS, NRS 108.267 to 108.360, inclusive, and NRS 108.440 to 108.500, inclusive, as those sections pertain to motor vehicles, trailers, motorcycles, recreational vehicles and semitrailers, as defined in chapter 482 of NRS.
(b) Act as adviser to dealers in connection with any problems arising under the provisions of that chapter.
(c) Cooperate with personnel of the Nevada highway patrol in the enforcement of the motor vehicle laws as they pertain to dealers.
(d) Perform such other duties as may be imposed by the director.
4. [Field dealer inspectors] The investigators have the powers of peace officers to enforce any law of the State of Nevada in carrying out their duties under this section [and] . They are not entitled to retire under the early retirement provisions of chapter 286 of NRS applicable to police officers and firemen.
Sec. 2. NRS 481.079 is hereby amended to read as follows:
481.079 1. Except as otherwise provided by [law,] specific statute, all taxes, license fees and [moneys] money collected by the department or by patrolmen and personnel pursuant to [the provisions of] NRS 481.071 [shall] must be deposited with the state treasurer to the credit of the motor vehicle fund.
2. [Any] If any check accepted by the department in payment of fees pursuant to NRS 481.071 [shall, if it] is dishonored upon presentation for payment, [be] the drawer is subject to a [$5] service charge of $10, in addition to any other penalties provided by law.
3. The department [is authorized to] may adjust the amount of a deposit made with the state treasurer to the credit of the motor vehicle fund for any cash shortage or overage resulting from the collection of fees.
κ1983 Statutes of Nevada, Page 1242 (CHAPTER 470, SB 207)κ
fund for any cash shortage or overage resulting from the collection of fees.
Sec. 3. NRS 482.183 is hereby amended to read as follows:
482.183 The motor vehicle revolving account in the amount of [$10,000] $15,000 is hereby created and must be used for [main and branch office] change [accounts.] in the main and branch offices.
Sec. 4. NRS 482.540 is hereby amended to read as follows:
482.540 1. Any officer of the Nevada highway patrol, without a warrant, may seize and take possession of any vehicle which is being operated with improper registration, or which the patrol officer has probable cause to believe has been stolen, or on which any motor number, manufacturers number or identification mark has been defaced, altered or obliterated.
2. Any officer of the Nevada highway patrol so seizing or taking possession of such vehicle shall immediately notify the Nevada highway patrol of such action and shall hold the vehicle until notified by the Nevada highway patrol as to what further action should be taken regarding the disposition of the vehicle.
3. Any [field dealer inspector] investigator of the [vehicle compliance and enforcement section] bureau of enforcement of the registration division of the department may seize and take possession of any vehicle, without a warrant, if [such field dealer inspector] he has probable cause to believe that [such] the vehicle has been stolen, is being operated with improper registration or that its motor number, manufacturers number or identification mark has been defaced, altered or obliterated.
Sec. 5. NRS 487.230 is hereby amended to read as follows:
487.230 1. Any sheriff, constable, member of the Nevada highway patrol, [field] investigator of the [vehicle compliance and enforcement section] bureau of enforcement of the registration division or inspector or field agent of the motor carrier division of the department, designated employees of the manufactured housing division of the department of commerce, special investigator employed by the office of any district attorney or marshal or policeman of any city or town who has reason to believe that a vehicle has been abandoned in his jurisdiction may remove the vehicle from any public property or, at the request of the owner or person in possession or control of any private property, from that private property.
2. Any person who removes an abandoned vehicle pursuant to subsection 1 shall take the vehicle to the nearest garage or other place designated by the state agency or political subdivision for storage.
Sec. 6. 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;
κ1983 Statutes of Nevada, Page 1243 (CHAPTER 470, SB 207)κ
4. Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180;
5. The inspector or filed agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049;
6. Members of and all inspectors employed by the public service commission of Nevada when exercising those enforcement powers conferred by chapters 704 to 706, inclusive, of NRS;
7. Marshals and policemen of cities and towns;
8. Parole and probation officers;
9. Special investigators employed by the office of any district attorney or the attorney general;
10. Arson investigators for fire departments specially designated by the appointing authority;
11. Members of the University of Nevada System police department;
12. The state fire marshal and his assistant and deputies;
13. The brand inspectors of the state department of agriculture when exercising the enforcement powers conferred in chapter 565 of NRS;
14. Arson investigators for the state forester firewarden specially designated by the appointing authority;
15. The deputy director, superintendents, correctional officers and other employees of the department of prisons when carrying out any duties prescribed by the director of the department of prisons;
16. Division of state parks employees designated by the administrator of the division of state parks in the state department of conservation and natural resources when exercising police powers specified in NRS 407.065;
17. Security officers employed by the board of trustees of any school district;
18. The executive, supervisory and investigative 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] Investigators of the [vehicle compliance and enforcement section] bureau of enforcement 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. Security officers of the legislature of the State of Nevada when carrying out duties prescribed by the legislative commission;
κ1983 Statutes of Nevada, Page 1244 (CHAPTER 470, SB 207)κ
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;
24. Security officers employed by a city or county when carrying out duties prescribed by ordinance;
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. 7. NRS 617.135 is hereby amended to read as follows:
617.135 Police officer includes a sheriff, deputy sheriff [,] or city policeman, an officer of the Nevada highway patrol, a field agent or inspector of the motor carrier division [,] of the department of motor vehicles, a vehicle emission control officer or [field dealer inspector of] investigator in the registration division [,] of that department, a member of the police department of the University of Nevada System , or a uniformed employee of the department of prisons whose position requires regular and frequent contact with the offenders imprisoned and subjects the employee to recall in emergencies.
Sec. 8. NRS 481.059 and 481.061 are hereby repealed.
Sec. 9. Sections 6 and 7 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
Senate Bill No. 436Committee on Judiciary
CHAPTER 471
AN ACT relating to administrative regulations; making various changes in the procedure for proposing and adopting temporary administrative regulations; and providing other matters properly relating thereto.
[Approved May 24, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 233B.060 is hereby amended to read as follows:
233B.060 1. Except as otherwise provided in subsection 2 and in section 6 of [this act,] Senate Bill No. 83 of this session, before adopting, amending or repealing any permanent or temporary regulation, the agency shall give at least 30 days notice of its intended action, unless a shorter period of notice is specifically permitted by statute.
2. If an agency has adopted a temporary regulation after notice and the opportunity for a hearing as provided in this chapter, it may adopt a substantively equivalent permanent regulation without further notice or hearing, but the language of the permanent regulation must first be approved or revised by the legislative counsel and the adopted regulation is subject to review by the legislative commission.
κ1983 Statutes of Nevada, Page 1245 (CHAPTER 471, SB 436)κ
notice or hearing, but the language of the permanent regulation must first be approved or revised by the legislative counsel and the adopted regulation is subject to review by the legislative commission.
Sec. 2. NRS 233B.070 is hereby amended to read as follows:
233B.070 1. A permanent regulation becomes effective upon filing with the secretary of state of the original and one copy of the final draft or revision of a regulation by the director of the legislative counsel bureau, except where:
(a) A statute prescribes a specific time when the regulation becomes effective; or
(b) A later date is specified in the regulation . [; or
(c) The regulation is an emergency regulation,
but every regulation except an emergency regulation shall be submitted to the legislative counsel bureau for filing.]
2. A temporary regulation becomes effective upon filing with the secretary of state of the original and one copy of the final draft or revision of a regulation by the agency. The agency shall also file a copy of the temporary regulation with the legislative counsel bureau.
3. The secretary of state shall maintain the original of the final draft or revision of each regulation in a permanent file to be used only for the preparation of official copies, and shall maintain a file containing the duplicate copies of such regulations for public inspection together with suitable indexes therefor.
[3.] 4. The secretary of state shall file, with the original of each agencys rules of practice, the current statement of the agency concerning the date and results of its most recent review of those rules.
[4.] 5. Each agency shall furnish a copy of any of its regulations, or all or part of that part of the Nevada Administrative Code which contains its regulations, to any person who requests a copy, and may charge a reasonable fee for such copy based on the cost of reproduction if it does not have funds appropriated or authorized for such purpose.
Sec. 3. Section 5 of Senate Bill No. 83 of this session is hereby amended to read as follows:
Sec. 5. The agency shall at the time of giving the notice deposit one copy of the text of the proposed regulation with the secretary of state, and keep at least one copy available in its office from the date of the notice to the date of the hearing, for inspection and copying by the public. After [the] :
(a) The director of the legislative counsel bureau has filed the original and a copy of the final draft or revision of [the] a permanent regulation ; or
(b) The agency has filed the original and a copy of the final draft or revision of a temporary regulation,
with the secretary of state, the secretary of state may discard the deposited copy of the proposed regulation.
Sec. 4. Section 7 of Senate Bill No. 83 of this session is hereby amended to read as follows:
Sec. 7. If an agency finds that an emergency exists, and this finding is concurred in by the governor by written endorsement on the original copy of a proposed regulation, a regulation may be adopted and become effective immediately upon its being filed in the office of the secretary of state.
κ1983 Statutes of Nevada, Page 1246 (CHAPTER 471, SB 436)κ
the original copy of a proposed regulation, a regulation may be adopted and become effective immediately upon its being filed in the office of the secretary of state. A copy of the regulation must also be filed with the legislative counsel bureau. A regulation so adopted may be effective for a period of not longer than 120 days. A regulation may be adopted by this emergency procedure only once . [, but the adoption of an identical regulation after notice and the opportunity for a hearing as provided in this chapter, is not precluded.] If an agency adopts a permanent or temporary regulation which becomes effective and is substantially identical to its effective emergency regulation, the emergency regulation expires automatically on the effective date of the temporary or permanent regulation.
________
Senate Bill No. 48Senator Jacobsen
CHAPTER 472
AN ACT relating to the use of land; providing a procedure for the granting of variances, special use permits and other special exemptions by agencies; allowing a local government to pay compensation to members of its planning commission; and providing other matters properly relating thereto.
[Approved May 24, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.040 is hereby amended to read as follows:
278.040 1. The members of the planning commission are appointed by the chief executive officer of the city, or in the case of a county by the chairman of the board of county commissioners, with the approval of the governing body. The members shall not hold any other public office, except that one member may be a member of the zoning board of adjustment. The majority of the members of the county planning commission in any county of over 250,000 population must reside within the unincorporated area of the county, subject to the provisions of subsection 7.
2. In Carson City, the members of the planning commission established as provided in NRS 278.030 are appointed by the mayor from the city at large, with the approval of the board of supervisors.
3. [All members of the planning commission serve without compensation but are entitled to reasonable travel expenses made necessary in the fulfillment of their duties, except that a board of county commissioners] The governing body may provide for compensation to its planning commission in an amount of not more than $40 per meeting of the commission, with a total of not more than $200 per month, and may provide travel expenses and subsistence allowances for the members in the same amounts as are allowed for [state] other officers and employees [.] of the county or city.
κ1983 Statutes of Nevada, Page 1247 (CHAPTER 472, SB 48)κ
4. The term of each member is 4 years, or until his successor takes office.
5. Members may be removed, after public hearing, by a majority vote of the governing body for inefficiency, neglect of duty or malfeasance of office.
6. Vacancies occurring otherwise than through the expiration of term must be filled for the unexpired term.
7. Appointments to meet the requirements of subsection 1 with respect to members residing in unincorporated areas in counties of over 250,000 population must be made as follows:
(a) The member newly appointed on July 1, 1973, must reside in the unincorporated area of the county; and
(b) The members appointed to fill the next three vacancies, whether occurring by expiration of term or otherwise, must reside in the unincorporated area of the county.
Sec. 2. NRS 278.315 is hereby amended to read as follows:
278.315 The governing body may provide by ordinance for the granting of variances, special use permits or other special exceptions [, and if it so provides, shall further provide:
1. For the granting of all such permits or exceptions by the board of adjustment;
2. For the granting of all such permits or exceptions by the planning commission; or
3. For the granting of enumerated categories of such permits or exceptions by the board of adjustment or the planning commission, and the granting of other such permits or exceptions by the other body.] by the board of adjustment or the planning commission. The governing body may impose this duty entirely on the board of adjustment or the planning commission, respectively, or provide for the granting of enumerated categories of variances, special use permits or special exceptions by the board or commission. A hearing to consider an application for the granting of a variance, special use permit or special exception must be held before the board or commission within 65 days after the filing of the application. A notice setting forth the time, place and purpose of the hearing must be sent by mail at least 10 days before the hearing to the applicant, to each owner of real property located within 300 feet of the property in question, and to any advisory board which has been established for the affected area by the governing body. Any such ordinance must provide an opportunity for the applicant or a protestant to appeal from a decision of the board or commission to the governing body.
Sec. 3. NRS 278.317 is hereby amended to read as follows:
278.317 1. The governing body may reserve to itself the power to review decisions of the board of adjustment or planning commission, or both, with respect to [special exceptions or variances, or both,] variances, special use permits or other special exceptions, and to affirm, modify or reverse any such decision.
2. In reviewing [such] those decisions, the governing body [shall] must be guided by the statement of purpose underlying the regulation of land improvement [regulation] expressed in NRS 278.020.
κ1983 Statutes of Nevada, Page 1248 (CHAPTER 472, SB 48)κ
regulation of land improvement [regulation] expressed in NRS 278.020.
Sec. 4. NRS 268.130 is hereby repealed.
________
Senate Bill No. 449Committee on Commerce and Labor
CHAPTER 473
AN ACT relating to public purchasing; authorizing public bodies to enter into contracts to lease property in return for the right to purchase energy at reduced rates or to provide for certain improvements to be made thereon without competitive bidding; and providing other matters properly relating thereto.
[Approved May 24, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 332.035 is hereby amended to read as follows:
332.035 1. Except as otherwise provided by [law, a] specific statute:
(a) A governing body or its authorized representative may enter into a contract of any nature without advertising when the estimated amount required to perform the contract is $5,000 or less.
[2.] (b) If the estimated amount required to perform the contract is more than $2,500 but not more than $5,000, requests for bids must be submitted to two or more persons capable of performing the contract, if available. The governing body or its authorized representative shall maintain a permanent record of all requests for bids and all bids received.
[3.] 2. Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids regardless of the estimated amount to perform the contract.
Sec. 2. NRS 332.185 is hereby amended to read as follows:
332.185 1. [All] Except as otherwise provided in section 3 of this act, all sales or leases of personal property of the [public entity shall] local government must be made, as nearly as possible, under the same conditions and limitations as required by this chapter in the purchase of personal property; but the governing body or its authorized representative may sell any such personal property at public auction if it deems such a sale desirable and in the best interests of the local government.
2. The provisions of this chapter do not apply to the purchase, sale, lease or transfer of real property by the governing body.
Sec. 3. Chapter 334 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The governing body or executive authority of any public body may enter into a contract to lease property which the public body owns or which is assigned to it for administration:
(a) At a reduced rate in return for the right to purchase energy at a reduced rate; or
κ1983 Statutes of Nevada, Page 1249 (CHAPTER 473, SB 449)κ
(b) Whereby the lessee agrees to construct a facility designed to conserve energy on the property and thereafter lease the property back to the governing body.
2. The governing body or executive authority may enter into a contract pursuant to subsection 1 if it finds that the contract would:
(a) Promote the conservation of energy and reduce the use of fossil fuels;
(b) Promote the use of types of energy which are alternatives to fossil fuels; and
(c) Result in a reduction in the amount of money spent for the energy used by the public body, which reduction is equal to or greater than the amount of money by which the rate of the lease is reduced below market value.
3. A public hearing must be held before a contract is entered into pursuant to subsection 1. A notice which includes at least the time, location and agenda of the hearing must be:
(a) Posted at the principal office of the public body or the building in which the hearing is to be held; and
(b) Published in a paper of general circulation within the jurisdiction of the public body at lease once a week for 2 weeks,
not less than 2 weeks before the hearing.
4. For the purposes of this section:
(a) Facility designed to conserve energy includes any work or improvement which operates to reduce the use of fossil fuel and use energy more efficiently, including equipment used in the production of alternative sources of energy, for cogeneration and for the maintenance and management of loads.
(b) Public body means the state or a county, city, town, school district or any public agency of this state or its political subdivisions.
Sec. 4. NRS 244.283 is hereby amended to read as follows:
244.283 1. When the board of county commissioners determines that the lease of real property belonging to the county for industrial, commercial, residential or recreational purposes is necessary or desirable, the board may lease such real property, whether acquired by purchase, dedication or otherwise. Such a lease must not be in contravention of any condition in a gift or devise of real property to the county.
2. Except as otherwise provided in section 1 of [this act,] chapter 227, Statutes of Nevada 1983, before ordering the lease of any property the board shall, in open meeting by a majority vote of the members, adopt a resolution declaring its intention to lease the property. The resolution must:
(a) Describe the property proposed to be leased in such manner as to identify it.
(b) Specify the minimum rental, and the terms upon which it will be leased.
(c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the board to be held at its regular place of meeting, at which sealed proposals to lease will be received and considered.
κ1983 Statutes of Nevada, Page 1250 (CHAPTER 473, SB 449)κ
3. Notice of the adoption of the resolution and of the time and place of holding the meeting must be given by:
(a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and
(b) Publishing the resolution not less than once a week for 2 successive weeks before the meeting in a newspaper of general circulation published in the county, if any such newspaper is published therein.
4. At the time and place fixed in the resolution for the meeting of the board, all sealed proposals which have been received must, in public session, be opened, examined and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to lease and which are made by responsible bidders, the proposal which is the highest must be finally accepted, unless a higher oral bid is accepted or the board rejects all bids.
5. Before accepting any written proposal, the board shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to lease the property upon the terms and conditions specified in the resolution, for a rental exceeding by at least 5 percent the highest written proposal, then the highest oral bid which is made by a responsible person must be finally accepted.
6. The final acceptance by the board may be made either at the same session or at any adjourned session of the same meeting held within the 10 days next following.
7. The board may, either at the same session or at any adjourned session of the same meeting held within the 10 days next following, if it deems such action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from lease.
8. Any resolution of acceptance of any bid made by the board must authorize and direct the chairman to execute a lease and to deliver it upon performance and compliance by the lessee with all the terms or conditions of his contract which are to be performed concurrently therewith.
9. All money received from rentals of real property must be deposited forthwith with the county treasurer to be credited to the county general fund.
10. This section does not apply to leases of real property made pursuant to section 3 of this act.
Sec. 5. NRS 322.010 is hereby amended to read as follows:
322.010 Except as provided in NRS 504.147 [,] and section 3 of this act, the administrator of the division of state lands of the state department of conservation and natural resources, as ex officio state land registrar, may lease any land except contract land now or hereafter owned by the State of Nevada, or which may hereafter be granted to it by the United States of America, upon terms as provided in NRS 322.020 to 322.040, inclusive.
Sec. 6. NRS 322.050 is hereby amended to read as follows:
322.050 Except as provided in NRS 504.147 [,] and section 3 of this act, the administrator of the division of state lands of the state department of conservation and natural resources, as ex officio state land registrar, with the concurrence of the governor, is authorized, in addition to the authority to lease provided in NRS 322.010 to 322.030, inclusive, to lease or grant easements over or upon any land now or hereafter owned by the State of Nevada, or which may hereafter be granted it by the United States of America, upon terms as provided in NRS 322.060.
κ1983 Statutes of Nevada, Page 1251 (CHAPTER 473, SB 449)κ
department of conservation and natural resources, as ex officio state land registrar, with the concurrence of the governor, is authorized, in addition to the authority to lease provided in NRS 322.010 to 322.030, inclusive, to lease or grant easements over or upon any land now or hereafter owned by the State of Nevada, or which may hereafter be granted it by the United States of America, upon terms as provided in NRS 322.060. Leases or grants of easements over or upon contract lands may be made only with the consent of the contracting party, who must be paid all money received from any such lease or grant. Easements over or upon any lands which are used by any office, department, board, commission, bureau, institution or other agency of the State of Nevada may be granted only with the concurrence of the agency.
Sec. 7. Section 4 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
Senate Bill No. 184Senator Jacobsen
CHAPTER 474
AN ACT relating to the disposal of radioactive waste; adopting the Rocky Mountain compact for the disposal of low-level radioactive waste; providing civil penalties; containing an appropriation; and providing other matters properly relating thereto.
[Approved May 24, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. The Rocky Mountain Low-level Radioactive Waste Compact, referred to as the compact in sections 2 to 4, inclusive, of this act, is hereby enacted into law and entered into with all jurisdictions legally joining therein, in the form substantially as follows:
ARTICLE 1
FINDINGS AND PURPOSE
A. The party states agree that each state is responsible for providing for the management of low-level radioactive waste generated within its borders, except for waste generated as a result of defense activities of the Federal Government or federal research and development activities. Moreover, the party states find that the United States Congress, by enacting the Low-Level Radioactive Waste Policy Act (Public Law 96-573), has encouraged the use of interstate compacts to provide for the establishment and operation of facilities for regional management of low-level radioactive waste.
B. It is the purpose of the party states, by entering into an interstate compact, to establish the means for cooperative effort in managing low-level radioactive waste; to ensure the availability and economic viability of sufficient facilities for the proper and efficient management of low-level radioactive waste generated within the region while preventing unnecessary and uneconomic proliferation of such facilities; to encourage reduction of the volume of low-level radioactive waste requiring disposal within the region; to restrict management within the region of low-level radioactive waste generated outside the region; to distribute the costs, benefits and obligations of low-level radioactive waste management equitably among the party states; and by these means to promote the health, safety and welfare of the residents within the region.
κ1983 Statutes of Nevada, Page 1252 (CHAPTER 474, SB 184)κ
interstate compact, to establish the means for cooperative effort in managing low-level radioactive waste; to ensure the availability and economic viability of sufficient facilities for the proper and efficient management of low-level radioactive waste generated within the region while preventing unnecessary and uneconomic proliferation of such facilities; to encourage reduction of the volume of low-level radioactive waste requiring disposal within the region; to restrict management within the region of low-level radioactive waste generated outside the region; to distribute the costs, benefits and obligations of low-level radioactive waste management equitably among the party states; and by these means to promote the health, safety and welfare of the residents within the region.
ARTICLE 2
DEFINITIONS
As used in this compact, unless the context clearly indicates otherwise:
A. Board means the Rocky Mountain low-level radioactive waste board;
B. Carrier means a person who transports low-level waste;
C. Disposal means the isolation of waste from the biosphere, with no intention of retrieval, such as by land burial;
D. Facility means any property, equipment or structure used or to be used for the management of low-level waste;
E. Generate means to produce low-level waste;
F. Host state means a party state in which a regional facility is located or being developed;
G. Low-level waste or waste means radioactive waste, other than:
(1) Waste generated as a result of defense activities of the Federal Government or federal research and development activities;
(2) High-level waste such as irradiated reactor fuel, liquid waste from reprocessing irradiated reactor fuel, or solids into which any such liquid waste has been converted;
(3) Waste material containing transuranic elements with contamination levels greater than 10 nanocuries per gram of waste material;
(4) Byproduct material as defined in section 11 e. (2) of the Atomic Energy Act of 1954, as amended on November 8, 1978; or
(5) Wastes from mining, milling, smelting, or similar processing of ores and mineral-bearing material primarily for minerals other than radium;
H. Management means collection, consolidation, storage, treatment, incineration or disposal;
I. Operator means a person who operates a regional facility;
J. Person means an individual, corporation, partnership or other legal entity, whether public or private;
K. Region means the combined geographical area within the boundaries of the party states; and
L. Regional facility means a facility within any party state which either:
κ1983 Statutes of Nevada, Page 1253 (CHAPTER 474, SB 184)κ
(1) Has been approved as a regional facility by the board; or
(2) Is the low-level waste facility in existence on January 1, 1982, at Beatty, Nevada.
ARTICLE 3
RIGHTS, RESPONSIBILITIES AND OBLIGATIONS
A. There shall be regional facilities sufficient to manage the low-level waste generated within the region. At least one regional facility shall be open and operating in a party state other than Nevada within 6 years after this compact becomes law in Nevada and in one other state.
B. Low-level waste generated within the region shall be managed at regional facilities without discrimination among the party states; provided, however, that a host state may close a regional facility when necessary for public health or safety.
C. Each party state which, according to reasonable projections made by the board, is expected to generate 20 percent or more in cubic feet except as otherwise determined by the board of the low-level waste generated within the region has an obligation to become a host state in compliance with subsection D of this article.
D. A host state, or a party state seeking to fulfill its obligation to become a host state, shall:
(1) Cause a regional facility to be developed on a timely basis as determined by the board, and secure the approval of such regional facility by the board as provided in article 4 before allowing site preparation or physical construction to begin;
(2) Ensure by its own law, consistent with any applicable federal law, the protection and preservation of public health and safety in the siting, design, development, licensure or other regulation, operation, closure, decommissioning and long-term care of the regional facilities within the state;
(3) Subject to the approval of the board, ensure that charges for management of low-level waste at the regional facilities within the state are reasonable;
(4) Solicit comments from each other party state and the board regarding siting, design, development, licensure or other regulation, operation, closure, decommissioning and long-term care of the regional facilities within the state and respond in writing to such comments;
(5) Submit an annual report to the board which contains projections of the anticipated future capacity and availability of the regional facilities within the state, together with other information required by the board; and
(6) Notify the board immediately if any exigency arises requiring the possible temporary or permanent closure of a regional facility within the state at a time earlier than was projected in the states most recent annual report to the board.
E. Once a party state has served as a host state, it shall not be obligated to serve again until each other party state having an obligation under subsection C of this article has fulfilled that obligation.
κ1983 Statutes of Nevada, Page 1254 (CHAPTER 474, SB 184)κ
Nevada, already being a host state, shall not be obligated to serve again as a host state until every other party state has so served.
F. Each party state:
(1) Agrees to adopt and enforce procedures requiring low-level waste shipments originating within its borders and destined for a regional facility to conform to packaging and transportation requirements and regulations. Such procedures shall include but are not limited to:
(a) Periodic inspections of packaging and shipping practices;
(b) Periodic inspections of waste containers while in the custody of carriers; and
(c) Appropriate enforcement actions with respect to violations;
(2) Agrees that after receiving notification from a host state that a person in the party state has violated packaging, shipping or transportation requirements or regulations, it shall take appropriate action to ensure that violations do not recur. Appropriate action may include but is not limited to the requirement that a bond be posted by the violator to pay the cost of repackaging at the regional facility and the requirement that future shipments be inspected;
(3) May impose fees to recover the cost of the practices provided for in paragraphs (1) and (2) of this subsection;
(4) Shall maintain an inventory of all generators within the state that may have low-level waste to be managed at a regional facility; and
(5) May impose requirements or regulations more stringent than those required by this subsection.
ARTICLE 4
BOARD APPROVAL OF REGIONAL FACILITIES
A. Within 90 days after being requested to do so by a party state, the board shall approve or disapprove a regional facility to be located within that state.
B. A regional facility shall be approved by the board if and only if the board determines that:
(1) There will be, for the foreseeable future, sufficient demand to render operation of the proposed facility economically feasible without endangering the economic feasibility of operation of any other regional facility; and
(2) The facility will have sufficient capacity to serve the needs of the region for a reasonable period of years.
ARTICLE 5
SURCHARGES
A. The board shall impose a compact surcharge per unit of waste received at any regional facility. The surcharge shall be adequate to pay the costs and expenses of the board in the conduct of its authorized activities and may be increased or decreased as the board deems necessary.
B. A host state may impose a state surcharge per unit of waste received at any regional facility within the state.
κ1983 Statutes of Nevada, Page 1255 (CHAPTER 474, SB 184)κ
received at any regional facility within the state. The host state may fix and change the amount of the state surcharge subject to approval by the board. Money received from the state surcharge may be used by the host state for any purpose authorized by its own law, including but not limited to costs of licensure and regulatory activities related to the regional facility, reserves for decommissioning and long-term care of the regional facility and local impact assistance.
ARTICLE 6
THE BOARD
A. The Rocky Mountain low-level radioactive waste board, which shall not be an agency or instrumentality of any party state, is created.
B. The board shall consist of one member from each party state. Each party state shall determine how and for what term its member shall be appointed, and how and for what term any alternate may be appointed to perform that members duties on the board in the members absence.
C. Each party state is entitled to one vote. A majority of the board constitutes a quorum. Unless otherwise provided in this compact, a majority of the total number of votes on the board is necessary for the board to take any action.
D. The board shall meet at least once a year and otherwise as its business requires. Meetings of the board may be held in any place within the region deemed by the board to be reasonably convenient for the attendance of persons required or entitled to attend and where adequate accommodations may be found. Reasonable public notice and opportunity for comment shall be given with respect to any meeting; provided, however, that nothing in this subsection shall preclude the board from meeting in executive session when seeking legal advice from its attorneys or when discussing the employment, discipline or termination of any of its employees.
E. The board shall pay necessary travel and reasonable per diem expenses of its members, alternates and advisory committee members.
F. The board shall organize itself for the efficient conduct of its business. It shall adopt and publish rules consistent with this compact regarding its organization and procedures. In special circumstances the board, with unanimous consent of its members, may take actions by telephone; provided, however, that any action taken by telephone shall be confirmed in writing by each member within 30 days. Any action taken by telephone shall be noted in the minutes of the board.
G. The board may use for its purposes the services of any personnel or other resources which may be offered by any party state.
H. The board may establish its offices in space provided for that purpose by any of the party states or, if space is not provided or is deemed inadequate, in any space within the region selected by the board.
I. Consistent with available funds, the board may contract for necessary personnel services and may employ such staff as it deems necessary to carry out its duties. Staff shall be employed without regard for the personnel, civil service or merit system laws of any of the party states and shall serve at the pleasure of the board.
κ1983 Statutes of Nevada, Page 1256 (CHAPTER 474, SB 184)κ
states and shall serve at the pleasure of the board. The board may provide appropriate employee benefit programs for its staff.
J. The board shall establish a fiscal year which conforms to the extent practicable to the fiscal years of the party states.
K. The board shall keep an accurate account of all receipts and disbursements. An annual audit of the books of the board shall be conducted by an independent certified public accountant, and the audit report shall be made a part of the annual report of the board.
L. The board shall prepare and include in the annual report a budget showing anticipated receipts and disbursements for the ensuing year.
M. Upon legislative enactment of this compact, each party state shall appropriate $70,000 to the board to support its activities prior to the collection of sufficient funds through the compact surcharge imposed pursuant to subsection A of article 5 of this compact.
N. The board may accept any donations, grants, equipment, supplies, materials or services, conditional or otherwise, from any source. The nature, amount and condition, if any, attendant upon any donation, grant or other resources accepted pursuant to this subsection, together with the identity of the donor or grantor, shall be detailed in the annual report of the board.
O. In addition to the powers and duties conferred upon the board pursuant to other provisions of this compact, the board:
(1) Shall submit communications to the governors and to the presiding officers of the legislatures of the party states regarding the activities of the board, including an annual report to be submitted by December 15;
(2) May assemble and make available to the governments of the party states and to the public through its members information concerning low-level waste management needs, technologies and problems;
(3) Shall keep a current inventory of all generators within the region, based upon information provided by the party states;
(4) Shall keep a current inventory of all regional facilities, including information on the size, capacity, location, specific wastes capable of being managed and the projected useful life of each regional facility;
(5) May keep a current inventory of all low-level waste facilities in the region, based upon information provided by the party states;
(6) Shall ascertain on a continuing basis the needs for regional facilities and capacity to manage each of the various classes of low-level waste;
(7) May develop a regional low-level waste management plan;
(8) May establish such advisory committees as it deems necessary for the purpose of advising the board on matters pertaining to the management of low-level waste;
(9) May contract as it deems appropriate to accomplish its duties and effectuate its powers, subject to its projected available resources; but no contract made by the board shall bind any party state;
(10) Shall make suggestions to appropriate officials of the party states to ensure that adequate emergency response programs are available for dealing with any exigency that might arise with respect to low-level waste transportation or management;
κ1983 Statutes of Nevada, Page 1257 (CHAPTER 474, SB 184)κ
(11) Shall prepare contingency plans, with the cooperation and approval of the host state, for management of low-level waste in the event any regional facility should be closed;
(12) May examine all records of operators of regional facilities pertaining to operating costs, profits or the assessment or collection of any charge, fee or surcharge;
(13) Shall have the power to sue; and
(14) When authorized by unanimous vote of its members, may intervene as of right in any administrative or judicial proceeding involving low-level waste.
ARTICLE 7
PROHIBITED ACTS AND PENALTIES
A. It shall be unlawful for any person to dispose of low-level waste within the region, except at a regional facility; provided, however, that a generator who, prior to January 1, 1982, had been disposing of only his own waste on his own property may, subject to applicable federal and state law, continue to do so.
B. After January 1, 1986, it shall be unlawful for any person to export low-level waste which was generated within the region outside the region unless authorized to do so by the board. In determining whether to grant such authorization, the factors to be considered by the board shall include, but not be limited to, the following:
(1) The economic impact of the export of the waste on the regional facilities;
(2) The economic impact on the generator of refusing to permit the export of the waste; and
(3) The availability of a regional facility appropriate for the disposal of the waste involved.
C. After January 1, 1986, it shall be unlawful for any person to manage any low-level waste within the region unless the waste was generated within the region or unless authorized to do so both by the board and by the state in which that management takes place. In determining whether to grant such authorization, the factors to be considered by the board shall include, but not be limited to, the following:
(1) The impact of importing waste on the available capacity and projected life of the regional facilities;
(2) The economic impact on the regional facilities; and
(3) The availability of a regional facility appropriate for the disposal of the type of waste involved.
D. It shall be unlawful for any person to manage at a regional facility any radioactive waste other than low-level waste as defined in this compact, unless authorized to do so both by the board and the host state. In determining whether to grant such authorization, the factors to be considered by the board shall include, but not be limited to, the following:
(1) The impact of allowing such management on the available capacity and projected life of the regional facilities;
(2) The availability of a facility appropriate for the disposal of the type of waste involved;
κ1983 Statutes of Nevada, Page 1258 (CHAPTER 474, SB 184)κ
(3) The existence of transuranic elements in the waste; and
(4) The economic impact on the regional facilities.
E. Any person who violates subsection A or B of this article shall be liable to the board for a civil penalty not to exceed 10 times the charges which would have been charged for disposal of the waste at a regional facility.
F. Any person who violates subsection C or D of this article shall be liable to the board for a civil penalty not to exceed 10 times the charges which were charged for management of the waste at a regional facility.
G. The civil penalties provided for in subsections E and F of this article may be enforced and collected in any court of general jurisdiction within the region where necessary jurisdiction is obtained by an appropriate proceeding commenced on behalf of the board by the attorney general of the party state wherein the proceeding is brought or by other counsel authorized by the board. In any such proceeding, the board, if it prevails, is entitled to recover reasonable attorneys fees as part of its costs.
H. Out of any civil penalty collected for a violation of subsection A or B of this article, the board shall pay to the appropriate operator a sum sufficient in the judgment of the board to compensate the operator for any loss of revenue attributable to the violation. Such compensation may be subject to state and compact surcharges as if received in the normal course of the operators business. The remainder of the civil penalty collected shall be allocated by the board. In making such allocation, the board shall give first priority to the needs of the long-term care funds in the region.
I. Any civil penalty collected for a violation of subsection C or D of this article shall be allocated by the board. In making such allocation, the board shall give first priority to the needs of the long-term care funds in the region.
J. Violations of subsection A, B, C, or D of this article may be enjoined by any court of general jurisdiction within the region where necessary jurisdiction is obtained in any appropriate proceeding commenced on behalf of the board by the attorney general of the party state wherein the proceeding is brought or by other counsel authorized by the board. In any such proceeding, the board, if it prevails, is entitled to recover reasonable attorneys fees as part of its costs.
K. No state attorney general shall be required to bring any proceeding under any subsection of this article, except upon his consent.
ARTICLE 8
ELIGIBILITY, ENTRY INTO EFFECT, CONGRESSIONAL CONSENT, WITHDRAWAL, EXCLUSION
A. Arizona, Colorado, Nevada, New Mexico, Utah and Wyoming are eligible to become parties to this compact. Any other state may be made eligible by unanimous consent of the board.
B. An eligible state may become a party state by legislative enactment of this compact or by executive order of its governor adopting this compact; provided, however, a state becoming a party by executive order shall cease to be a party state upon adjournment of the first general session of its legislature convened thereafter, unless before such adjournment the legislature shall have enacted this compact.
κ1983 Statutes of Nevada, Page 1259 (CHAPTER 474, SB 184)κ
order shall cease to be a party state upon adjournment of the first general session of its legislature convened thereafter, unless before such adjournment the legislature shall have enacted this compact.
C. This compact shall take effect when it has been enacted by the legislatures of two eligible states. However, subsections B and C of article 7 shall not take effect until Congress has by law consented to this compact. Every 5 years after such consent has been given, Congress may by law withdraw its consent.
D. A state which has become a party state by legislative enactment may withdraw by legislation repealing its enactment of this compact; but no such repeal shall take effect until 2 years after enactment of the repealing legislation. If the withdrawing state is a host state, any regional facility in that state shall remain available to receive low-level waste generated within the region until 5 years after the effective date of the withdrawal; provided, however, this provision shall not apply to the existing facility in Beatty, Nevada.
E. A party state may be excluded from this compact by a two-thirds vote of the members representing the other party states, acting in a meeting, on the ground that the state to be excluded has failed to carry out its obligations under this compact. Such an exclusion may be terminated upon a two-thirds vote of the members acting in a meeting.
ARTICLE 9
CONSTRUCTION AND SEVERABILITY
A. The provisions of this compact shall be broadly construed to carry out the purposes of the compact.
B. Nothing in this compact shall be construed to affect any judicial proceeding pending on the effective date of this compact.
C. If any part or application of this compact is held invalid, the remainder, or its application to other situations or persons, shall not be affected.
Sec. 3. The governor shall appoint the member of the Rocky Mountain low-level radioactive waste board to represent this state. The member serves at the pleasure of the governor.
Sec. 4. The member representing this state on the Rocky Mountain low-level radioactive waste board may, in his absence, be represented on the board by an alternate designated by him. Such an alternate may discharge the members duties and perform the members functions to the extent and during the time designated by the member, pursuant to subsection B of article 6 of the compact.
________
κ1983 Statutes of Nevada, Page 1260κ
Assembly Bill No. 248Assemblymen Schofield, Jeffrey, Vergiels, Dini, Nevin, Price, Coffin, Bourne, Stewart, Sedway, Malone, Joerg and Thomas
CHAPTER 475
AN ACT relating to public lands; allowing the state land registrar to acquire and lease land for private development; and providing other matters properly relating thereto.
[Approved May 24, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 321.001 is hereby amended to read as follows:
321.001 1. The division of state lands shall acquire and hold in the name of the State of Nevada all lands and interests in land owned or required by the state except:
(a) Lands or interests used or acquired for highway purposes;
(b) Lands or interests the title to which is vested in the board of regents of the University of Nevada; or
(c) Offices outside state buildings leased by the chief of the buildings and ground division of the department of general services for the use of state officers and employees,
and shall administer all lands it holds which are not assigned for administration to another state agency.
2. If additional land or an interest in land is required for the use of any state agency except the department of transportation or the University of Nevada, the agency shall select a site approved by the state public works board, obtain an appraisal of the land to be acquired, and obtain the approval of the legislature if required by law. The division of state lands shall then obtain the land or interest by negotiation or if necessary by exercising the states power of eminent domain. Title must be taken in the name of the State of Nevada.
3. The division of state lands may acquire and hold land and interests in land required for any public purpose, including the production of public revenue. Title must be taken in the name of the State of Nevada.
Sec. 2. Chapter 322 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The state land registrar may lease for private development any land except contract land owned by the State of Nevada to produce public revenue. Such a lease may be for a term not to exceed 99 years.
________
κ1983 Statutes of Nevada, Page 1261κ
Assembly Bill No. 544Committee on Government Affairs
CHAPTER 476
AN ACT relating to garbage; authorizing the regulation of the disposal of garbage generated outside the area of disposal; authorizing the state environmental commission to establish fees for importing garbage into the state; and providing other matters properly relating thereto.
[Approved May 24, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 444.510 is hereby amended to read as follows:
444.510 1. The governing body of every municipality or district board of health created pursuant to NRS 439.370 shall develop a plan to provide for a solid waste management system which [shall] adequately [provide] provides for the disposal of solid waste [generated] within the boundaries of the municipality or within the area to be served by the system [.] , whether generated within or outside of the boundaries of the area.
2. The plan may include ordinances adopted pursuant to NRS 444.520 and 444.530.
3. Such a governing body may enter into agreements with governing bodies of other municipalities, or with any person, or with a combination thereof, to effectuate the plan provided for in subsection 1 and to provide a solid waste management system, or any part thereof.
[3.] 4. Any plan developed by the governing body of a municipality or district board of health created pursuant to NRS 439.370 [shall] must be submitted to the state department of conservation and natural resources for approval. No action may be taken by any such governing body or district board of health until [such] the plan has been approved.
[4.] 5. Any regulation or plan adopted by the state board of health [prior to] before July 1, 1975, for solid waste management systems [shall remain] remains in effect until the regulation or plan is revised by the state environmental commission.
Sec. 2. NRS 444.560 is hereby amended to read as follows:
444.560 1. The state environmental commission shall adopt regulations concerning solid waste management systems, or any part thereof.
2. The state environmental commission may establish a schedule of fees for the importation of solid waste into the state. The department may use the money collected under the schedule to defray the cost of managing and regulating the disposal in this state of solid waste which is generated outside of the state.
3. Notice of the intention to adopt and the adoption of any regulation [shall] or schedule of fees must be given to the clerk of the governing board of all municipalities in this state.
[3.] 4. Within a reasonable time, as fixed by the state environmental commission, after the adoption of any regulation, no governing board of a municipality or person [shall] may operate or permit an operation in violation of [such] the regulation.
κ1983 Statutes of Nevada, Page 1262 (CHAPTER 476, AB 544)κ
board of a municipality or person [shall] may operate or permit an operation in violation of [such] the regulation.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 278Senator Gibson
CHAPTER 477
AN ACT to create the Moapa Valley Water District in Clark County, Nevada; providing for the storage, conservation, distribution and sale of water within the district; authorizing the district to purchase, acquire and construct the facilities necessary to serve water to consumers within the district; authorizing the issuance of general obligation and revenue bonds; providing the power to tax; and providing other matters properly relating thereto.
[Approved May 24, 1983]
Whereas, Adequate and efficient water service is vital to the economy and well-being of the Moapa Valley area; and
Whereas, Moapa Valley is remote from the county seat of Clark County, thus dictating that indispensable activities such as water service be administered by a governmental entity located in Moapa Valley; and
Whereas, Moapa Valley could best be served water through a single governmental entity succeeding the two current purveyors, Overton Water District and Moapa Valley Water Company; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby created a political subdivision of this state to be known as the Moapa Valley Water District. The jurisdiction and service area of the district are all that real property located in Clark County, Nevada, described as follows:
Sections 13, 14, 15, 16, 23, 24, 25, 26 and 36, T. 14 S., R. 65 E., M.D.B. & M.; sections 15, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36, T. 14 S., R. 66 E., M.D.B. & M.; sections 1, 2, 3, 4, 5, 6, 9 and 12, T. 15 S., R. 66 E., M.D.B. & M.; sections 6, 7, 8, 14, 15, 16, 17, 21, 22, 23, 24, 25, 26, 27, 28, 34, 35 and 36, T. 15 S., R. 67 E., M.D.B. & M.; section 31, T. 15 S., R. 68 E., M.D.B. & M.; sections 1, 2, 3, 10, 11, 12, 13, 14, 24 and 25, T. 16 S., R. 67 E., M.D.B. & M,; sections 6, 7, 8, 17, 18, 19, 20, 30 and 31, T. 16 S., R. 68 E., M.D.B. & M.
Sec. 2. As used in this act, unless the context otherwise requires:
1. Board means the governing board of the district.
2. District means the Moapa Valley Water District.
3. Secretary means the secretary-treasurer of the district.
4. Service area means the service area of the district described in section 1 of this act.
Sec. 3. The district has the following powers:
1. To have perpetual succession.
κ1983 Statutes of Nevada, Page 1263 (CHAPTER 477, SB 278)κ
2. To sue and be sued in the name of the district in any court of competent jurisdiction.
3. To adopt a seal and alter it at the districts pleasure.
4. To enter into contracts, and employ and fix the compensation of staff and professional advisers.
5. To borrow money and incur indebtedness to the extent permitted by law.
6. Subject to NRS 350.001 to 350.006, inclusive, to issue and retire bonds, warrants, notes and other securities, as if it were a municipality, in accordance with and by exercise of the powers conferred by:
(a) NRS 350.020 to 350.070, inclusive;
(b) NRS 350.350 to 350.490, inclusive;
(c) NRS 350.500 to 350.720, inclusive; and
(d) Other applicable law,
to pay the cost, in whole or in part, of the acquisition or construction, respectively, of any lands, easements, water rights, waters, waterworks, conduits, pipelines, wells, reservoirs, structures, machinery and other property or equipment useful or necessary to store, convey, supply or otherwise deal with water to provide adequate water service to the service area. For purposes of NRS 350.572, this act does not expressly or impliedly require an election before issuance of a security or indebtedness pursuant to NRS 350.500 to 350.720, inclusive, if the obligation is payable solely from pledged revenues, but an election must be held before incurring a general obligation.
7. To take by grant, purchase, gift, devise or lease, and to hold, use, lease or dispose of real and personal property within or without the service area of the district. Such property includes but is not limited to lands, easements, water rights, waters, waterworks, conduits, pipelines, wells, reservoirs, structures, machinery and other property useful or necessary to store, convey, supply or otherwise deal with water to provide adequate water service to the service area.
8. To adopt ordinances, rules, regulations and bylaws necessary for exercise of the powers and conduct of the affairs of the board and district.
9. To exercise the power of eminent domain in the manner prescribed by law, within or without the service area of the district, to take any property including but not limited to property specified in subsection 7, necessary or convenient for the exercise of the powers of the district or for the provision of adequate water service to the service area. No action in eminent domain may be commenced to acquire property outside the service area unless the board of county commissioners of the affected county consents to the action. No property devoted to public use may be taken by the district unless it is taken upon a finding by a court of competent jurisdiction that the taking is for a more necessary public use than the use to which the property is already devoted.
10. To contract or cooperate with the United States, the State of Nevada or any political subdivision thereof in order to store, conserve, supply, convey or otherwise deal with water to provide adequate water to the service area.
κ1983 Statutes of Nevada, Page 1264 (CHAPTER 477, SB 278)κ
supply, convey or otherwise deal with water to provide adequate water to the service area.
11. To store or conserve water in surface or underground reservoirs, within or without the district, to appropriate water and to import water from without the district, all to provide adequate water service to the service area.
12. To sell and distribute water under the control of the district, without preference, to any person, firm, corporation, association, district, agency or inhabitant, public or private, for use within the service area, to fix, establish and adjust rates, classes of rates, terms and conditions for the sale and use of such water, and to sell water for use outside the service area upon a finding by the board that there is a surplus of water above that amount required to serve consumers within the service area.
13. To construct, acquire, alter, improve, operate and maintain waterworks, conduits, pipelines, wells, reservoirs, structures, machinery and other property and equipment useful or necessary to store, convey, supply or otherwise deal with water to provide adequate water service to the service area.
14. To restrict the use of district water during any emergency caused by drought or other threatened or existing water shortage, and to prohibit the waste of district water at any time.
15. To levy and collect taxes in the manner and for the purposes prescribed in this act.
16. To do all acts and things reasonably implied from and necessary for the full exercise of all the powers of the district granted by this act.
Sec. 4. All powers, duties and privileges of the Moapa Valley Water District must be exercised and performed by the governing board of the district. Except as otherwise provided in this section, the board consists of seven members elected as prescribed in this act. The first board consists of the respective members of the governing boards of the Moapa Valley Water Company and Overton Water District sitting upon the effective date of this act. The members of the first board shall convene within 30 days after the effective date of this act to commence and continue operation of the district until election of their successors in conjunction with the Clark County general election in 1984. A simple majority of the members of the first board constitutes a quorum. The vote of a simple majority of the quorum is required in order to take action.
Sec. 5. 1. Except for members of the first board, members of the board, in the manner provided in this section, must be elected at a general district election held in conjunction with the general election of Clark County in 1984 and with each such general election every 2 years thereafter. Each member must reside in the portion of the service area which he represents but must be elected by the registered voters of the entire district.
2. At the general district election of 1984 there must be elected:
(a) Two members representing that portion of the service area to be designated as the Glendale-Moapa election area, lying between the centerline of A and W Farm Road and the northernmost boundary of the service area, one of whom, chosen by lot, shall serve a term of 4 years and the other a term of 2 years;
κ1983 Statutes of Nevada, Page 1265 (CHAPTER 477, SB 278)κ
centerline of A and W Farm Road and the northernmost boundary of the service area, one of whom, chosen by lot, shall serve a term of 4 years and the other a term of 2 years;
(b) Two members representing that portion of the service area to be designated as the Logandale election area, lying between the centerline of A and W Farm Road and that of Cottonwood Lane, one of whom, chosen by lot, shall serve a term of 4 years and the other a term of 2 years; and
(c) Three members representing that portion of the service area to be designated as the Overton election area, lying between the centerline of Cottonwood Land and the southernmost boundary of the service area, one of whom, chosen by lot, shall serve a term of 4 years and the others terms of 2 years each.
3. At the general district election next preceding expiration of the terms of office prescribed by subsection 2, and at each such election in every 4th year thereafter, there must be elected respective members of the board representing the election areas designated in subsection 2.
4. The boundaries of the election areas specified in subsection 2 must be adjusted by the board whenever necessary to assure, as nearly as practicable, equal representation upon the board for all persons residing within the service area.
Sec. 6. 1. Except as otherwise provided in sections 4 and 5 of this act, each member of the board must:
(a) Reside in the election area represented for at least 6 months before the election at which the member is elected;
(b) Be a qualified elector of the election area represented;
(c) Be elected by the qualified electors of the election area represented; and
(d) Take office upon qualification therefor as provided in subsection 2, or on the 1st Monday in January next following the members election, whichever is later, and leave office upon the 1st Monday in January next following the election of the members successor in office.
2. Before taking office, each member of the board must qualify by filing with the Clerk of Clark County:
(a) An oath of office taken and subscribed in the manner prescribed by the clerk; and
(b) A corporate surety bond, at the expense of the district, in an amount determined by the clerk, but no greater than $10,000, which bond must guarantee the faithful performance of the duties of the member.
3. A vacancy on the board must be filled by appointment of the remaining members of the board. The person so appointed must be a resident and elector of the election area represented, and, before taking office, qualify in the manner prescribed in subsection 2. The person shall serve the remainder of the term of the member whose absence required his appointment. If the board fails, neglects or refuses to fill a vacancy within 30 days after a vacancy occurs, the board of county commissioners of Clark County shall fill the vacancy.
Sec. 7. 1. Unless otherwise required for purposes of an election to incur an indebtedness, the board shall conduct, supervise and, by ordinance, regulate all district elections in accordance, as nearly as practicable, with the general election laws of the state including but not limited to laws relating to the time of opening and closing of polls, the manner of conducting the election, the canvassing, announcement and certification of results and the preparation and disposition of ballots.
κ1983 Statutes of Nevada, Page 1266 (CHAPTER 477, SB 278)κ
ordinance, regulate all district elections in accordance, as nearly as practicable, with the general election laws of the state including but not limited to laws relating to the time of opening and closing of polls, the manner of conducting the election, the canvassing, announcement and certification of results and the preparation and disposition of ballots.
2. At least 60 days before the election, a candidate for election to the board shall file a declaration of candidacy with the secretary. Timely filing of such a declaration is a prerequisite to election. The secretary shall publish notice of the election and arrange other details in connection therewith as directed by the board.
3. Each member of the board must be elected by a plurality of the qualified electors voting in the election area which the member represents. If there are two seats upon the board to be filled at the same election, each of which represents the same election area, the two candidates therefor receiving the highest number of votes, respectively, are elected.
4. If a member of the board is unopposed in seeking reelection, the board may declare that member elected without a formal election, but that member must not participate in the declaration.
5. If no person files candidacy for election to a particular seat upon the board, the seat must be filled in the manner of filling a vacancy.
Sec. 8. 1. A board shall:
(a) Choose one of its members chairman of the board and president of the district, prescribe the term of office, and the powers and duties thereof.
(b) Fix the time and place at which its regular meetings must be held and provide for the calling and conduct of special meetings.
(c) Fix the location of the principal place of business of the district.
(d) Elect a secretary-treasurer of the board and the district, who may or may not be a member of the board.
(e) Appoint a general manager who must not be a member of the board.
(f) Delegate and redelegate to officers of the agency the power to employ necessary executives, clerical workers, engineering assistants and laborers, and retain legal, accounting or engineering services, subject to such conditions and restrictions as may be imposed by the board.
(g) Prescribe the powers, duties, compensation and benefits of all officers and employees of the district, and require all bonds necessary to protect the funds and property of the district.
(h) Take all actions and do all things reasonably and lawfully necessary in order to conduct the business of the district and achieve the purpose of this act.
2. Except as otherwise provided for the first board, no regular or special meeting of the board may commence or continue unless a quorum of at least four members is present. A majority vote of the quorum present is required to take action with respect to any matter.
3. Members of the board serve without compensation, except that they are entitled to reasonable per diem and travel expenses, set by the board, for attendance at meetings and conduct of other district business.
κ1983 Statutes of Nevada, Page 1267 (CHAPTER 477, SB 278)κ
board, for attendance at meetings and conduct of other district business.
Sec. 9. 1. The board may levy and collect general ad valorem taxes on all taxable property within the district, but only for the payment of principal and interest on its general obligations. Such a levy and collection must be made in conjunction with Clark County in the manner prescribed in this section.
2. The board shall determine the amount of money necessary to be raised by taxation for a particular year in addition to other sources of revenue of the district. The board then shall fix a rate of levy which, when applied to the assessed valuation of all taxable property within the district, will produce an amount, when combined with other revenues of the district, sufficient to pay, when due, all principal of and interest on general obligations of the district and any defaults or deficiencies relating thereto.
3. In accordance with and in the same manner required by the law applicable to incorporated cities, the board shall certify to the board of county commissioners of Clark County the rate of levy fixed pursuant to subsection 2. The board shall instruct the county to levy a tax upon all taxable property in the district in accordance with such rate at the time and in the manner required by law for levying of taxes for county purposes.
4. The proper official or authority of Clark County, upon behalf of the district, shall levy and collect the district tax specified in subsection 3. Such a tax must be collected in the same manner, including interest and penalties, as other taxes collected by the county. When collected, the tax must be paid to the district in monthly installments for deposit in the appropriate district depository.
5. If the taxes levied are not paid, the property subject to the tax lien must be sold and the proceeds of the sale paid to the district in accordance with the law applicable to tax sales and redemptions.
Sec. 10. The district is exempt from regulation by the Nevada public service commission.
Sec. 11. 1. The Overton Water District, a public district encompassing a portion of the service area of the district created by this act, is hereby dissolved.
2. All assets of the Overton Water District including but not limited to any lands, buildings, easements, water rights, waters, waterworks, conduits, pipelines, reservoirs, wells, structures, facilities, intangibles, cash on hand, bank deposits, office furniture, supplies and equipment and all other real or personal property of whatever nature belonging to the district, become the property of the Moapa Valley Water District on the effective date of this act. The officers of the Overton Water District, subsequent to its dissolution, have limited authority to wind up the affairs of the district and execute papers and documents necessary to accomplish the transfer of assets to the Moapa Valley Water District.
3. All liabilities of the Overton Water District, including but not limited to any bonds, debentures, notes, mortgages, deeds of trust, accounts, things in action and all other liabilities of whatever nature of the district become the liabilities of the Moapa Valley Water District on the effective date of this act.
κ1983 Statutes of Nevada, Page 1268 (CHAPTER 477, SB 278)κ
the district become the liabilities of the Moapa Valley Water District on the effective date of this act. Those liabilities of a type considered for purposes of legal debt limitations of a public entity must be so considered for purposes of the debt limitation of the Moapa Valley Water District. The transfer of liabilities under this subsection does not in any fashion jeopardize, enhance or otherwise alter any security taken by any obligee with respect to any liability transferred.
Sec. 12. 1. All assets of the Moapa Valley Water Company, including but not limited to those of a nature specified in subsection 2 of section 11 of this act, become the property of the Moapa Valley Water District on the effective date of this act. The officers of the Moapa Valley Water Company, subsequent to its dissolution, have limited authority to wind up the affairs of the company and execute papers and documents necessary to accomplish the transfer of assets to the Moapa Valley Water District.
2. All liabilities of the Moapa Valley Water Company, including but not limited to those of a nature specified in subsection 3 of section 11 of this act, become the liabilities of the Moapa Valley Water District on the effective date of this act. The transfer of liabilities under this subsection does not in any fashion jeopardize, enhance or otherwise alter any security taken by any obligee with respect to any liability transferred.
Sec. 13. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity does not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 14. This act shall become effective upon the later of the following dates:
1. July 1, 1983; or
2. The date upon which the members of the Moapa Valley Water Company, a nonprofit corporation with its principal office in Clark County, Nevada, take action in accordance with applicable law to dissolve the corporation and transfer its assets and liabilities to the Moapa Valley Water District created by this act.
________
κ1983 Statutes of Nevada, Page 1269κ
Senate Bill No. 451Senators Wilson, Raggio, Wagner, Mello and Townsend
CHAPTER 478
AN ACT relating to the protection and preservation of state property and natural resources; directing the state board of examiners to issue state general obligation bonds to finance the states share of costs for projects to conserve water associated with the Truckee River and the Newlands Federal Reclamation Project; and providing other matters properly relating thereto.
[Approved May 24, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The director of the state department of conservation and natural resources shall participate, on behalf of the state, in negotiations with agencies of the Federal Government and other appropriate agencies or organizations concerning projects to conserve and allocate water associated with the Truckee River and the Newlands Federal Reclamation Project, and the governor, on behalf of the State of Nevada, may enter into an agreement which defines the rights, powers, duties and obligations of the state, the Federal Government and any other appropriate agency or organization with respect to those projects, but the states share of the costs associated with those projects must not exceed $8,000,000.
Sec. 2. After the agreement described in section 1 of this act has been entered into, the state board of examiners shall issue general obligation bonds of the State of Nevada to provide the money necessary to pay the states share of costs associated with projects for the conservation of water associated with the Truckee River and the Newlands Federal Reclamation Project, but not more than $8,000,000 in face amount. The bonds may be issued at one time or from time to time.
Sec. 3. The legislature finds and declares that the issuance of bonds pursuant to this act is necessary for the protection and preservation of the property and natural resources of this state and for the purpose of obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.
Sec. 4. The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds under this act.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 1270κ
Senate Bill No. 153Senators Glaser, Gibson, Wilson, Ashworth, Blakemore, Bilbray, Glover, Faiss, Hernstadt, Hickey, Robinson, Neal, Foley, Townsend, Wagner, Horn, Ryan, Lamb and Mello
CHAPTER 479
AN ACT relating to natural resources; authorizing the director of the state department of conservation and natural resources to enter into a contract with the Elko County Recreation Board for the construction of a dam and a park on the South Fork of the Humboldt River in Elko County; specifying certain provisions of the contract; requiring the state board of examiners to issue bonds to provide money for the project up to a specified limit; allocating the remaining proceeds of other authorized bonds; and providing other matters properly relating thereto.
[Approved May 24, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The state board of examiners shall issue general obligation bonds of the State of Nevada to provide the money necessary to accomplish the purposes of this act, but not more than $4,700,000 in face amount. The bonds may be issued at one time or from time to time.
Sec. 2. All remaining proceeds of the bonds issued pursuant to chapter 660, Statutes of Nevada 1975, as amended, are hereby allocated to provide additional money to accomplish the purposes of this act. Notwithstanding the provisions of NRS 349.078, if any of the bonds authorized pursuant to chapter 660 have not been issued or sold, the state board of examiners shall forthwith issue and sell them, and their proceeds are likewise so allocated.
Sec. 3. 1. The director of the state department of conservation and natural resources may enter into a contract with the Elko County Recreation Board to aid in the design and construction of a dam on the South Fork of the Humboldt River in Elko County and in creating a state park in the surrounding area.
2. The contract must include the following provisions:
(a) The state is to pay for:
(1) Engineering and geological investigation of the site of the dam;
(2) Acquisition of the required land; and
(3) Design and construction of the dam and any necessary improvements for the state park,
conditioned upon receipt of matching funds from the Elko County Recreation Board as provided in paragraph (b).
(b) The Elko County Recreation Board is to:
(1) Pay to the state the sum of $1,200,000 upon execution of the contract; and
(2) Beginning in the third year after the execution of the contract, pay to the state by July 1 of each year for 18 years the sum of $250,000 or more.
(c) The parties may terminate the contract by mutual consent. Upon termination, any assets are to be distributed equitably between the state and the Elko County Recreation Board.
κ1983 Statutes of Nevada, Page 1271 (CHAPTER 479, SB 153)κ
(d) Title to all land acquired and all improvements constructed on the land is to be vested in the State of Nevada.
3. The reservoir to be formed behind the dam is designated South Fork Reservoir.
4. The state treasurer shall credit the interest earned on money paid by the Elko County Recreation Board to the sinking fund for the redemption of these bonds.
Sec. 4. The legislature finds and declares that the issuance of bonds pursuant to this act is necessary for the protection and preservation of the natural resources of this state and for the purpose of obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.
Sec. 5. The provisions of the State Securities Law, contained in NRS 349.150 to 349.362, inclusive, apply to the issuance of bonds under this act.
Sec. 6. So much of any money received by this state under the Recreational Boating Safety and Facilities Improvement Act of 1980 by reason of any increase in federal taxes on fuel enacted after 1980 as may under federal law be used for that purpose is hereby appropriated for the payment of interest and principal upon the bonds issued pursuant to this act.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 635Committee on Economic Development, Tourism and Mining
CHAPTER 480
AN ACT relating to economic development; providing for the organization, powers and functions of corporations for economic revitalization and diversification; providing for their regulation; authorizing certain financial institutions and Nevada corporations to become members of, lend money to and invest in those corporations; and providing other matters properly relating thereto.
[Approved May 24, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 55 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 31, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. Board of directors means the board of directors of a corporation created under this chapter.
Sec. 4. Corporation means a Nevada corporation for economic revitalization and diversification created under this chapter.
κ1983 Statutes of Nevada, Page 1272 (CHAPTER 480, AB 635)κ
Sec. 5. Financial institution means any banking corporation or trust company, savings and loan association, insurance company or related corporation, partnership, foundation or other institution engaged primarily in lending or investing money.
Sec. 6. Loan limit means the maximum amount permitted to be outstanding for any member at one time on loans by the member to a corporation as determined under the provisions of this chapter.
Sec. 7. The superintendent shall adopt such regulations as may be necessary to carry out the purposes and provisions of this chapter.
Sec. 8. Five or more persons, a majority of whom are residents of this state, may create a corporation for economic revitalization and diversification by filing articles of incorporation in the office of the secretary of state in accordance with the provisions of this chapter.
Sec. 9. The articles of incorporation of the corporation must contain:
1. The name of the corporation, which must include the words corporation for economic revitalization and diversification.
2. The location of the principal office of the corporation, but the corporation may have other offices as the board of directors deems necessary.
3. The purposes for which the corporation is founded, which must be to:
(a) Assist, promote, encourage, develop and advance the economic welfare and diversification of the state in accordance with the state plan for economic development.
(b) Facilitate and assist in the location of new business, commerce and industry in the state, and to rehabilitate and revitalize existing business, commerce and industry;
(c) Stimulate and assist in the expansion of business activity which will tend to promote business development and diversification that would result in the economic stability of the state;
(d) Provide new opportunities for employment;
(e) Cooperate and act in conjunction with public or private organizations and governmental agencies, the objectives of which are the support and advancement of business, commercial, industrial, agricultural and recreational activity that would advance the economic welfare of the state, promote economic diversification, and effectuate any state or local plan for economic development; and
(f) Furnish money and credit to approved and deserving applicants who would assist in achieving or carrying out any of the purposes described in this subsection.
4. The names and post office addresses of the members of the first board of directors, who, unless otherwise provided by the articles of incorporation or the bylaws, shall hold office for the first year of existence of the corporation or until their successors are elected and have qualified.
5. Any provision which the incorporators may choose to insert for the regulation of the business and for the conduct of the affairs of the corporation and any provision creating, dividing, limiting and regulating the powers of the corporation, the directors, stockholders or any class of the stockholders, including but not limited to a list of the officers, and provisions governing the issuance of stock certificates to replace lost or destroyed certificates, except that no provision may be included for cumulative voting for directors.
κ1983 Statutes of Nevada, Page 1273 (CHAPTER 480, AB 635)κ
class of the stockholders, including but not limited to a list of the officers, and provisions governing the issuance of stock certificates to replace lost or destroyed certificates, except that no provision may be included for cumulative voting for directors.
6. The amount of authorized capital stock and the number of shares into which it is divided, the amount of capital with which the corporation will commence business and, if there is more than one class of stock, a description of the different classes; the names and addresses of the preorganization subscribers of stock and the number of shares subscribed by each.
7. Any provision consistent with the laws of this state for the regulation of the corporation.
8. A recitation that the corporation is organized under the provisions of this chapter.
Sec. 10. Before the articles of incorporation or any amendment to them are filed with the secretary of state they must be approved by the superintendent.
Sec. 11. The articles of incorporation of the corporation must be in writing, subscribed by or on behalf of each of the incorporators and acknowledged by each of the subscribers before a notary public and filed in the office of the secretary of state for approval. A duplicate copy so subscribed and acknowledged may also be filed.
Sec. 12. When the articles of incorporation have been approved by the superintendent and filed in the office of the secretary of state and approved by the secretary of state, and all application, licensing and filing fees and taxes prescribed by law have been paid, the subscribers, their successors and assigns constitute a corporation, and the corporation is then authorized to commence business, and stock of the corporation to the extent authorized by this chapter may from time to time be issued.
Sec. 13. 1. The articles of incorporation may be amended by the affirmative vote of stockholders representing not less than two-thirds of the issued and outstanding stock entitled to vote. No amendment of the articles of incorporation which is inconsistent with the general purposes expressed in this chapter or which eliminates or curtails the right of the superintendent of banks to examine the corporation or the obligation of the corporation to make reports as provided in section 27 of this act, may be made.
2. The amendment must then be approved by the superintendent before it is submitted to the secretary of state.
3. Within 30 days after any meeting at which an amendment of the articles of incorporation has been adopted, articles of amendment signed and sworn to by the president, treasurer and a majority of the directors, setting forth the amendment and due adoption of it, must be submitted to the secretary of state who shall examine them, and if he finds that they conform to the requirements of this chapter, shall so certify and endorse his approval on them. Then the articles of amendment must be filed in the office of the secretary of state, and no amendment may take effect until the articles of amendment have been filed.
κ1983 Statutes of Nevada, Page 1274 (CHAPTER 480, AB 635)κ
Sec. 14. A corporation for economic revitalization and diversification shall obtain a license from the superintendent before conducting any business. The application for the license must be on a form and be accompanied by a nonrefundable application fee of not more than $1,000 prescribed by the superintendent.
Sec. 15. 1. The first meeting of the corporation must be called by a notice signed by three or more of the incorporators, stating the time, place and purpose of the meeting. A copy of the notice must be mailed or delivered to each incorporator at least 5 days before the day appointed for the meeting. The first meeting may be held without notice upon agreement in writing to that effect, signed by all the incorporators. A copy of the notice or of the unanimous agreement of the incorporators must be recorded in the minutes of the meeting.
2. At the first meeting, the incorporators shall elect a temporary clerk, adopt bylaws, elect a board of directors and take such other action upon matters within the powers of the corporation as the incorporators may see fit. The temporary clerk must be sworn and shall make and attest a record of the proceedings.
3. A majority and not less than three of the incorporators constitutes a quorum for the transaction of business.
Sec. 16. In furtherance of its purposes and in addition to the powers conferred on business corporations by law, the corporation may, subject to the restrictions and limitations contained in this chapter:
1. Elect, appoint and employ officers, agents and employees, make contracts, including without limitation, contracts to share personnel and services with other public or private entities for the purpose of effectuating the state plan for economic development, and may incur liabilities for any of the purposes of the corporation. The corporation shall not incur any secondary liability by way of guaranty or endorsement of the obligations of any natural person, firm, corporation, joint-stock company, association or trust, or in any other manner, except that the corporation may guarantee or endorse industrial revenue bonds, individually or in groups, issued under the laws of this state and the obligations of borrowers.
2. Borrow money and negotiate guarantees from federal agencies for any of the purposes of the corporation, issue its bonds, debentures, notes or other evidences of indebtedness, whether secured or unsecured, and may secure them by mortgage, pledge, deed of trust or other lien on its property, franchises, rights and privileges of every kind and nature, or any part of them or interest in them, without securing stockholder approval.
3. Make loans to any natural person, firm, corporation, joint-stock company, association or trust, and may establish and regulate the terms and conditions with respect to those loans and the charges for interest and service connected therewith, except that the corporation shall not approve any application for a loan unless the person applying for the loan shows that he has applied for the loan through ordinary banking channels and that the loan has been refused by at least one bank or other financial institution.
4. Purchase, receive, hold, lease or otherwise acquire, and to sell, convey, transfer, lease or otherwise dispose of real and personal property, together with such rights and privileges as may be incidental and appurtenant to the property and the use of it, including but not restricted to any real or personal property acquired by the corporation from time to time in the satisfaction of debts or enforcement of obligations.
κ1983 Statutes of Nevada, Page 1275 (CHAPTER 480, AB 635)κ
convey, transfer, lease or otherwise dispose of real and personal property, together with such rights and privileges as may be incidental and appurtenant to the property and the use of it, including but not restricted to any real or personal property acquired by the corporation from time to time in the satisfaction of debts or enforcement of obligations.
5. Acquire the good will, business, rights, real and personal property and other assets, or any part of them, or interest in them, of any natural person, firm, corporation, joint-stock company, association or trust, and assume, undertake or pay the obligations, debts and liabilities of that natural person, firm, corporation, joint-stock company, association or trust; to acquire improved or unimproved real estate for the purpose of constructing industrial plants or other business establishments on it or for the purpose of disposing of that real estate to others for the construction of industrial plants or other business establishments; and may acquire, construct or reconstruct, alter, repair, maintain, operate, sell, convey, transfer, lease or otherwise dispose of industrial plants or business establishments.
6. Acquire, subscribe for, own, hold, sell, assign, transfer, mortgage, pledge or otherwise dispose of the stock, shares, bonds, debentures, notes or other securities and evidences of interest in or indebtedness of any natural person, firm, corporation, joint-stock company, association or trust, and while the owner or holder thereof may exercise all the rights, powers and privileges of ownership including the right to vote thereon.
7. Mortgage, pledge or otherwise encumber any property, right or thing of value acquired pursuant to the powers contained in subsections 4, 5 or 6 as security for the payment of any part of the purchase price of them.
8. Cooperate with and avail itself of the facilities of the United States Department of Commerce, the Nevada department of economic development and any other similar state or federal governmental agencies and may cooperate with and assist, and otherwise encourage organizations in the various communities of the state in the promotion, assistance and development of the business prosperity and economic welfare of those communities or of this state.
9. Do all acts and things necessary or convenient to carry out the powers expressly granted in this chapter.
Sec. 17. The purposes, powers and operation of the corporation must be effectuated, exercised and conducted in a manner consistent with the state plan for economic development.
Sec. 18. The stockholders of the corporation may:
1. Determine the number of and elect directors as provided in section 19 of this act.
2. Make, amend and repeal bylaws.
3. Amend its charter as provided in section 13 of this act.
4. Dissolve the corporation as provided in section 31 of this act.
5. Exercise such other of the powers of the corporation consistent with this chapter as may be conferred on the stockholders by the bylaws.
κ1983 Statutes of Nevada, Page 1276 (CHAPTER 480, AB 635)κ
Sec. 19. 1. The business and affairs of the corporation must be managed and conducted by a board of directors, a president, a vice president, a secretary, a treasurer and such other officers and agents as the corporation by its bylaws may authorize. The board of directors shall consist of a number not less than 9 nor more than 15 as may be determined in the first instance by the incorporators and after that annually by the stockholders of the corporation. The director of the department of commerce and the director of the department of economic development shall serve ex officio as nonvoting directors, but without any liability as such, except for gross negligence or willful misconduct.
2. The board of directors may exercise all the powers of the corporation except those conferred by law or by the bylaws of the corporation upon the stockholders and shall choose and appoint all the agents and officers of the corporation and fill all vacancies except vacancies in the office of director, which must be filled as provided in this section.
3. The voting directors must be elected in the first instance by the incorporators and after that at least five directors must be elected by the members of the corporation and at least two directors must be elected by the stockholders at the annual meeting. The annual meeting must be held during the month of January or, if no annual meeting is held in the year of incorporation, then within 90 days after the approval of the articles of incorporation at a special meeting as provided in this chapter.
4. The voting directors shall hold office until the next annual meeting of the corporation or special meeting held in lieu of the annual meeting after the election and until their successors are elected and qualified, unless sooner removed in accordance with the provisions of the bylaws.
5. Any vacancy in the office of a voting director must be filled by the directors.
6. Directors and officers are not responsible for losses unless the losses have been occasioned by the willful misconduct of those directors and officers.
Sec. 20. Any bank, savings and loan association, thrift company or credit union licensed under Title 55 or 56 of NRS, any insurer licensed under Title 57 of NRS and any Nevada corporation not licensed under those Titles whose gross assets are more than $20 million may apply for membership in the corporation. Membership becomes effective upon the acceptance of the application by the board of directors.
Sec. 21. 1. Each member shall lend money to the corporation as and when called upon by it to do so, but the total amount on loan by any member at any one time must not exceed the limits described in subsections 2 and 3, to be determined as of the time the financial institution or insurer becomes a member. The amount may thereafter be readjusted annually if any change in the base of the loan limit of the member occurs.
2. The loan limits are, for:
κ1983 Statutes of Nevada, Page 1277 (CHAPTER 480, AB 635)κ
(a) Banks and stock insurance companies, 2 percent of capital and surplus, or surplus fund, as the case may be.
(b) Savings and loan associations, 2 percent of the surplus account.
(c) Mutual insurance companies, 2 percent of surplus to policyholders.
(d) Other financial institutions and insurance companies, and Nevada corporations described in section 20 of this act, as established by the board of directors.
3. Except as provided in this subsection the total amount on loan by any member at any one time must not exceed $250,000. Any member who has a loan limit in excess of $250,000, may elect that its total amount on loan at any one time to the corporation equal its loan limit, but in no event may it exceed $500,000.
4. All loan limits must be established at the thousand dollar figure nearest to the amount computed on an actual basis.
Sec. 22. All calls for money which members are committed to lend to the corporation must be prorated by the corporation among the members in the same proportion that the maximum loan limit of each member bears to the aggregate loan limits of all members of the corporation.
Sec. 23. Upon 6 months written notice to the board of directors, a member of the corporation may withdraw from membership, and, after the date of the withdrawal, the member is free of obligations under this chapter, except those accrued or committed by the corporation before the effective date of the withdrawal.
Sec. 24. 1. The capital stock of the corporation must be 20,000 shares of no par value, which must be issued for $100 per share in cash. At least 5 percent of the capital stock of the corporation must be paid into its treasury in cash before it may transact any business other than such as relates to its organization.
2. At least a majority of the capital stock of the corporation must at all times be held by residents of the state or by persons engaged in doing business in Nevada.
3. A financial institution which does not become a member of a corporation established under this chapter may not acquire any shares of the capital stock of the corporation.
4. Except as provided in this subsection, any financial institution which becomes a member of a corporation established under this chapter may acquire, purchase, hold, sell, assign, transfer, mortgage, pledge or otherwise dispose of any shares of the capital stock of the corporation, and while the owner of those shares, may exercise all the rights, powers and privileges of ownership, including the right to vote thereon, all without the approval of any regulatory authority of this state. The amount of the capital stock of the corporation which may be acquired by any member under this section may not exceed 10 percent of the loan limit of the member. The amount of capital stock of the corporation which any member may acquire under this section is in addition to the amount of capital stock in corporations which the member is otherwise authorized to acquire.
κ1983 Statutes of Nevada, Page 1278 (CHAPTER 480, AB 635)κ
5. The holders of capital stock of the corporation do not, as such, have any preemptive or preferential right to purchase or subscribe for any part of the unissued or new issue of capital stock of the corporation, whether now or hereafter authorized or issued, or to purchase or subscribe for any bonds or other obligations, whether or not convertible into stock of the corporation, now or hereafter authorized or issued.
Sec. 25. 1. The corporation shall set apart as an earned surplus all of its net earnings in each year until the earned surplus equals the total of the paid-in capital and paid-in surplus then outstanding. The earned surplus must be held in cash, invested in United States government bonds, or as provided in the corporations bylaws, and be kept and used to meet losses and contingencies of the corporation and, whenever the amount of earned surplus becomes impaired, it must be built up again to the required amount in the manner provided for its original accumulation.
2. At no time may the total obligations of the corporation exceed ten times the amount of its paid-in capital and surplus, not including therein the earned surplus, or $50 million, whichever is greater.
3. The corporation shall not deposit any of its money in any financial institution unless the financial institution has been designated as a depository by a vote of the majority of all of the directors of the corporation, exclusive of any director who is an officer or director of the depository so designated. The corporation shall not receive money on deposit. The corporation shall not make any loans directly or indirectly to any of its officers or to any firms in which any of its officers is a member or officer.
Sec. 26. 1. Every corporation organized and engaged in business under the provisions of this chapter shall pay an annual state license fee of $100.
2. The county and city in which the corporation maintains a place of business may also levy a license fee which does not exceed $50.
Sec. 27. 1. The superintendent of banks shall examine the corporation as often as he deems necessary.
2. The corporation shall make reports of its condition at least annually to the superintendent of banks and more frequently upon the order of the superintendent of banks. The superintendent of banks shall furnish copies of these reports to the commissioner of insurance, the commissioner of savings associations and the governor. The corporation shall also furnish such other information as may from time to time be required by the superintendent of banks or the secretary of state.
3. The corporation shall pay a reasonable cost for each hour expended by a state examiner in conducting the examination and preparing the examination report.
4. The superintendent of banks shall exercise the same supervisory authority over corporations organized under this chapter as he now exercises over banks and trust companies chartered by the state.
κ1983 Statutes of Nevada, Page 1279 (CHAPTER 480, AB 635)κ
Sec. 28. Under no circumstances may the credit to the state be pledged to any corporation organized under the provisions of this chapter.
Sec. 29. Any tax exemptions, tax credits or tax privileges granted to banks, savings and loan associations, trust companies and other financial institutions by any general laws are granted to corporations organized pursuant to this chapter.
Sec. 30. Any corporation organized under the provisions of this chapter is a state development company, as defined in the Small Business Investment Act of 1958, Public Law 85 — 699, 85th Congress, or any other similar federal legislation, and may operate on a statewide basis.
Sec. 31. A corporation may dissolve upon the affirmative vote of stockholders representing not less than two-thirds of the issued and outstanding stock.
Sec. 32. NRS 662.099 is hereby amended to read as follows:
662.099 A state bank may purchase for its own account the [shares] capital stock and other securities of [a] :
1. A development corporation organized under the provisions of chapter 670 of NRS ; and
2. A corporation for economic revitalization and diversification organized under the provisions of sections 2 to 31, inclusive, of this act, if the bank is a member of the corporation, and to the extent of its loan limit established under section 21 of this act,
on the same terms and under the same conditions as a national bank may purchase them.
Sec. 33. Chapter 670 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any corporation organized under the provisions of this chapter may exercise the powers of a corporation for economic revitalization and diversification organized under the provisions of sections 2 to 31, inclusive, of this act, if the corporation amends its articles of incorporation to include the purposes of a corporation for economic revitalization and diversification and effectuates those purposes, exercises those powers and conducts its operation in a manner consistent with the state plan for economic development.
Sec. 34. NRS 673.276 is hereby amended to read as follows:
673.276 An association may invest in:
1. Without limit, obligations of, or obligations guaranteed as to principal and interest by, the United States or any state.
2. Obligations of the United States Postal Service, whether or not guaranteed as to principal and interest by the United States.
3. Stock of a federal home-loan bank of which the association is eligible to be a member.
4. Any obligations or consolidated obligations of any federal home-loan bank or banks.
5. Stock or obligations of the Federal Savings and Loan Insurance Corporation.
6. Stock or obligations of a national mortgage association or any successor or successors thereto, including the Federal National Mortgage Association.
κ1983 Statutes of Nevada, Page 1280 (CHAPTER 480, AB 635)κ
successor or successors thereto, including the Federal National Mortgage Association.
7. Demand, time or savings deposits with any bank or trust company whose deposits are insured by the Federal Deposit Insurance Corporation.
8. Stock or obligations of any corporation or agency of the United States or any state, or in deposits therewith to the extent that such a corporation or agency assists in furthering or facilitating the associations purposes or powers.
9. Savings accounts of any insured association licensed by the state and of any federal savings and loan association, but each investment in any other savings and loan association must be fully insured by the Federal Savings and Loan Insurance Corporation.
10. Bonds, notes or other evidences of indebtedness which are general obligations of any city, town, county, school district or other municipal corporation or political subdivision of any state.
11. [Shares] Capital stock and other securities of [a] :
(a) A state development corporation organized under the provisions of chapter 670 of NRS.
(b) A corporation for economic revitalization and diversification organized under the provisions of sections 2 to 31, inclusive, of this act, if the association is a member of the corporation, and to the extent of its loan limit established under section 21 of this act.
12. Any other investment at the discretion of the associations directors, if after the investment is made, the associations accounts remain insurable by the Federal Savings and Loan Insurance Corporation.
Sec. 35. NRS 678.760 is hereby amended to read as follows:
678.760 Funds not used in loans to members may be invested in:
1. Securities, obligations, participations or other instruments of or issued by or fully guaranteed as to principal and interest by the United States of America or any agency thereof or in any trust or trusts established for investing directly or collectively in these instruments;
2. Obligations of this state or any political subdivision thereof;
3. Certificates of deposit or passbook type accounts issued by a state or national bank, mutual savings bank or savings and loan association;
4. Loans to or shares or deposits of other credit unions as permitted by the bylaws;
5. Capital shares, obligations or preferred stock issues of any agency or association organized either as a stock company, mutual association or membership corporation if the membership or stockholdings, as the case may be, of the agency or association are confined or restricted to credit unions or organizations of credit unions, and the purposes for which the agency or association is organized are designed to service or otherwise assist credit union operations;
6. Shares of a cooperative society organized under the laws of this state or the United States in a total amount not exceeding 10 percent of the shares, deposits and surplus of the credit union;
κ1983 Statutes of Nevada, Page 1281 (CHAPTER 480, AB 635)κ
7. Capital stock and other securities of a corporation for economic revitalization and diversification organized under the provisions of sections 2 to 31, inclusive, of this act, if the credit union is a member of the corporation, and to the extent of its loan limit established under section 21 of this act.
8. Stocks and bonds of United States corporations to a maximum of 5 percent of members shares, except that such an investment must be limited to stocks or bonds yielding income which are approved by the commissioner; and
[8.] 9. Loans to any credit union association, national or state, of which the credit union is a member, except that such an investment must be limited to 1 percent of the shares, capital deposits and unimpaired surplus of the credit union.
Sec. 36. NRS 682A.080 is hereby amended to read as follows:
682A.080 1. An insurer may invest any of its funds in obligations other than those eligible for investment under NRS 682A.230 (real property mortgages), if they are issued, assumed or guaranteed by any solvent institution created or existing under the laws of the United States of America, Canada or Mexico, or of any state, district, province or territory thereof, and are qualified under any of the following:
(a) Obligations which are secured by adequate collateral security and bear fixed interest if during each of any 3, including the last 2, of the 5 fiscal years next preceding the date of acquisition by the insurer, the net earnings of the issuing, assuming or guaranteeing institution available for its fixed charges, as defined in NRS 682A.090, have been not less than 1 1/2 times the total of its fixed charges for such year. In determining the adequacy of collateral security not more than one-third of the total value of such required collateral [shall] may consist of stock other than stock meeting the requirements of NRS 682A.100 (preferred or guaranteed stock).
(b) Fixed interest-bearing obligations, other than those described in paragraph (a), if the net earnings of the issuing, assuming or guaranteeing institution available for its fixed charges for a period of 5 fiscal years next preceding the date of acquisition by the insurer have averaged per year not less than 1 1/2 times its average annual fixed charges applicable to such period and if during the last year of such period such net earnings have been not less than 1 1/2 times its fixed charges for such year.
(c) Adjustment, income or other contingent interest obligations if the net earnings of the issuing, assuming or guaranteeing institution available for its fixed charges for a period of 5 fiscal years next preceding the date of acquisition by the insurer have averaged per year not less than 1 1/2 times the sum of its average annual fixed charges and its average annual maximum contingent interest applicable to such period and if during each of the last 2 years of such period such net earnings have not been less than 1 1/2 times the sum of its fixed charges and maximum contingent interest for such year.
(d) [Shares] Capital stock and other securities of [a] :
κ1983 Statutes of Nevada, Page 1282 (CHAPTER 480, AB 635)κ
(1) A state development corporation organized under the provisions of chapter 670 of NRS.
(2) A corporation for economic revitalization and diversification organized under the provisions of sections 2 to 31, inclusive, of this act, if the insurer is a member of the corporation, and to the extent of its loan limit established under section 21 of this act.
2. No insurer [shall] may invest in any such bonds or evidences of indebtedness in excess of 10 percent of any issue of such bonds or evidences of indebtedness or, subject to subsection 1 of NRS 682A.050 (diversification), more than an amount equal to 10 percent of the insurers admitted assets in any issue.
Sec. 37. Section 34 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
Assembly Bill No. 623Committee on Government Affairs
CHAPTER 481
AN ACT relating to general improvement districts; permitting the board of county commissioners to designate the districts name and authorizing certain uses of the name; modifying the powers of the board of trustees concerning certain contracts; and providing other matters properly relating thereto.
[Approved May 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 318.080 is hereby amended to read as follows:
318.080 1. After adopting an ordinance creating a district and before appointing the first board of trustees for the district, the board of county commissioners is, ex officio, the board of trustees for the district.
2. While acting as the board of trustees, the board of county commissioners shall establish:
(a) Accounting practices and procedures for the district;
(b) Auditing practices and procedures to be used by the district;
(c) A budget for the district; and
(d) Management standards for the district.
3. Except as provided in NRS 318.0953 [,] and section 5 of this act, after the board of county commissioners has performed the duties required by subsection 2, it shall appoint five persons to serve as the first board of trustees of the district and shall specify therein the terms of office to the 1st Monday in January next following the respective election dates provided in NRS 318.095. Except as provided in subsection 5, these persons [shall] must be qualified electors of the district.
4. The members of the board of trustees shall qualify by filing with the county clerk their oaths of office and corporate surety bonds, at the expense of the district, the bonds to be in an amount not more than $10,000 each, the form and exact amount thereof to be approved and determined, respectively, by the board of county commissioners, conditioned for the faithful performance of their duties as trustees.
κ1983 Statutes of Nevada, Page 1283 (CHAPTER 481, AB 623)κ
and determined, respectively, by the board of county commissioners, conditioned for the faithful performance of their duties as trustees. The board of county commissioners may from time to time, upon good cause shown, increase or decrease the amount of the bond.
5. The board of county commissioners may appoint as one of the five initial trustees as provided by subsection 1 the district attorney for the county or a deputy district attorney on his staff. Such appointee need not be a qualified elector of the district, but no such attorney is qualified for appointment to fill any vacancy on the board pursuant to NRS 318.090 or qualified as a candidate for election to the board at any biennial election pursuant to NRS 318.095 unless he is a qualified elector of the district.
6. The board of county commissioners of the county vested with jurisdiction pursuant to NRS 318.050 may remove any trustee serving on an appointed or elected board of trustees for cause shown, on petition, hearing and notice thereof by publication and by mail addressed to the trustee.
Sec. 2. NRS 318.0953 is hereby amended to read as follows:
318.0953 1. In every county having a population of 250,000 or more, notwithstanding the provisions of NRS 318.080 to 318.0952, inclusive, the board of county commissioners [shall be,] is, and in counties with a population of less than 250,000 the board of county commissioners may be, ex officio, the board of trustees of each district organized or reorganized pursuant to this chapter and [being] authorized to exercise the basic power of furnishing sanitary sewer facilities as provided in NRS 318.140, regardless of whether the district is also authorized to furnish storm drainage facilities, but excluding any district which is authorized, in addition to those basic powers, to exercise any one or more other basic powers designated in this chapter, except as provided in subsections 2 and 3.
2. The board of county commissioners of any county may be, at its option, ex officio, the board of trustees of any district organized or reorganized pursuant to this chapter and [being] authorized to exercise the basic power of furnishing water facilities as provided in NRS 318.144, or, furnishing both water facilities and sanitary sewer facilities as provided in NRS 318.144 and 318.140, respectively, regardless of whether the district is also authorized to furnish storm drainage facilities, but excluding any district which:
(a) Is authorized, in addition to its basic powers, to exercise any one or more other basic powers designated in this chapter.
(b) Is organized or reorganized pursuant to this chapter the boundaries of which include all or a portion of any incorporated city or all or a portion of a water district created by special law.
3. A board of county commissioners may exercise the options provided in subsections 1 and 2 by providing in the ordinance creating the district or in an ordinance thereafter adopted at any time that the board is, ex officio, the board of trustees of the district. The board of county commissioners shall, in the former case, be the board of trustees of the district when the ordinance creating the district becomes effective, or in the latter case, become the board of the district 30 days after the effective date of the ordinance adopted after the creation of the district.
κ1983 Statutes of Nevada, Page 1284 (CHAPTER 481, AB 623)κ
after the effective date of the ordinance adopted after the creation of the district. In the latter case promptly within the 30-day period the county clerk shall cause a copy of the ordinance to be:
(a) Filed in his office;
(b) Transmitted to the secretary of the district; and
(c) Filed in the office of the secretary of state without the payment of any fee and otherwise in the same manner as articles of incorporation are required to be filed under chapter 78 of NRS.
[4. When the board of trustees of any district is so constituted, the following special provisions apply and supersede the corresponding provisions of NRS 318.080 to 318.0952, inclusive:
(a) The members need not file the oath of office or bond required by NRS 318.080.
(b) The members of the board of county commissioners may receive no additional compensation as trustees of the district.
(c) The chairman of the board of county commissioners may be chairman of the board of trustees and president of the district, or the board of county commissioners may, at its first meeting in January of each year, designate another of its members to serve as chairman of the board of trustees and president of the district for a term of 1 year.
(d) The vice chairman of the board of county commissioners may be vice chairman of the board of trustees and vice president of the district, or the board of county commissioners may, at its first meeting in January of each year, designate another of its members to serve as vice chairman of the board of trustees and vice president of the district for a term of 1 year.
(e) The secretary and treasurer of the district shall not be members of the board of county commissioners. The board may designate the county clerk and county treasurer, respectively, to act ex officio as secretary and treasurer, or it may designate some other person to fill either or both of those offices. No additional bond may be required of the county treasurer as ex officio district treasurer nor of any other county officer appropriately bonded as ex officio a district officer.
(f) No member of the board of county commissioners may be removed from the office of trustee under NRS 318.080, but any member is automatically removed from that office upon his removal from the office of county commissioner in the manner provided by law.
(g) The regular place of meeting of the board need not be within the corporate limits of the district but must be within the corporate limits of the county and be the regular meeting place of the board of county commissioners unless the board otherwise provides by resolution.
(h) The times of regular meetings of the board must be the same as the times of the regular meetings of the board of county commissioners unless the board otherwise provides by resolution.
(i) Special meetings may be held on notice to each member of the board as often as, and at such place or places within the county as, the board may determine, unless it otherwise provides by resolution.
(j) The office or principal place of the district need not be located within the corporate limits of the district and must be the office of the county clerk unless the board otherwise provides by resolution.]
κ1983 Statutes of Nevada, Page 1285 (CHAPTER 481, AB 623)κ
Sec. 3. NRS 318.0954 is hereby amended to read as follows:
318.0954 1. The governing body of any district organized or reorganized under and operating as provided in any chapter in Title 25 of NRS, excluding chapters 309, 315 and 318 of NRS, [shall] must be designated a board of trustees and shall reorganize as provided in this section so that after the transitional period the board [shall consist] consists of five qualified electors from time to time chosen as provided in NRS 318.095 and other provisions of this chapter supplemental thereto.
2. No existing member of any such governing body [shall] may be required to resign from the board before the termination of his current term of office in the absence of any disqualification as a member of the governing body under such chapter in Title 25 of NRS, excluding chapters 309, 315 and 318 of NRS. If a regular term of office of any member of any such governing body would terminate on other than the 1st Monday of January next following a biennial election in the absence of the adoption of this law, [such term shall] the term must be extended to and terminate on the 1st Monday in January next following a biennial election and following [such] the date on which [such] the term would have ended.
3. If the members of any such governing body at any time number less than five, the number of trustees [shall] must be increased to five by appointment, or by both appointment and election, as provided in NRS 318.090, 318.095 and 318.0951.
4. In no event [shall] may any successor trustee be elected or appointed to fill any purported vacancy in any unexpired term or in any regular term which successor will increase the trustees on a board to a number exceeding five nor which will result in less than two regular terms of office or more than three regular terms of office ending on the 1st Monday in January next following any biennial election.
5. Nothing in this section [shall:
(a) Prevent] :
(a) Prevents the reorganization of a board by division of the district into district trustee election districts pursuant to NRS 318.0952.
(b) [Supersede] Supersedes the provisions of NRS 318.0953 [.] or section 5 of this act.
Sec. 4. NRS 318.140 is hereby amended to read as follows:
318.140 In the case of a district created wholly or in part for acquiring sanitary sewer improvements, the board may:
1. Construct, reconstruct, improve [, extend or better] or extend the sanitary sewer system or any part thereof, including, without limiting the generality of the foregoing, mains, laterals, wyes, tees, meters and collection, treatment and disposal plants.
2. Sell any product or byproduct thereof and acquire the appropriate outlets within or without the district and extend the sewerlines of the district thereto.
3. Enter into and perform, without any election, contracts or agreements for a term not to exceed 50 years with any person or a public agency, to provide the services, equipment or supplies necessary or appropriate to conduct tests of the discharge of pollutants into the states water and to report the results of those tests as required by chapter 445 of NRS or the regulations adopted thereunder.
κ1983 Statutes of Nevada, Page 1286 (CHAPTER 481, AB 623)κ
states water and to report the results of those tests as required by chapter 445 of NRS or the regulations adopted thereunder.
For the purposes of this section, the term public agency has the meaning ascribed to it in NRS 277.100.
Sec. 5. Chapter 318 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. When the board of trustees of any district is constituted pursuant to NRS 318.0953, the following special provisions apply and supersede the corresponding provisions of NRS 318.080 to 318.09525, inclusive, 318.0954 and 318.0955:
(a) The members need not file the oath of office or bond required by NRS 318.080.
(b) The members of the board of county commissioners may receive no additional compensation as trustees of the district.
(c) The chairman of the board of county commissioners may be chairman of the board of trustees and president of the district, or the board of county commissioners may, at its first meeting in January of each year, designate another of its members to serve as chairman of the board of trustees and president of the district for a term of 1 year.
(d) The vice chairman of the board of county commissioners may be vice chairman of the board of trustees and vice president of the district, or the board of county commissioners may, at its first meeting in January of each year, designate another of its members to serve as vice chairman of the board of trustees and vice president of the district for a term of 1 year.
(e) The secretary and treasurer of the district shall not be members of the board of county commissioners. The board may designate the county clerk and county treasurer, respectively, to act ex officio as secretary and treasurer, or it may designate some other person to fill either or both of those offices. No additional bond may be required of the county treasurer as ex officio district treasurer nor of any other county officer appropriately bonded as ex officio a district officer.
(f) The secretary and treasurer shall perform the duties prescribed in subsections 3 and 4 of NRS 318.085.
(g) No member of the board of county commissioners may be removed from the office of trustee under NRS 318.080, but any member is automatically removed from that office upon his removal from the office of county commissioner in the manner provided by law.
(h) The regular place of meeting of the board need not be within the corporate limits of the district but must be within the corporate limits of the county and be the regular meeting place of the board of county commissioners unless the board otherwise provides by resolution.
(i) The times of regular meetings of the board must be the same as the times of the regular meetings of the board of county commissioners unless the board otherwise provides by resolution.
(j) Special meetings may be held on notice to each member of the board as often as, and at such place or places within the county as, the board may determine, unless it otherwise provides by resolution.
(k) The office or principal place of the district need not be located within the corporate limits of the district and must be the office of the county clerk unless the board otherwise provides by resolution.
κ1983 Statutes of Nevada, Page 1287 (CHAPTER 481, AB 623)κ
within the corporate limits of the district and must be the office of the county clerk unless the board otherwise provides by resolution.
2. Each board of county commissioners may, by resolution, designate the districts name which may be used for all purposes including contracts, lawsuits or in the performance of its duties or exercises of its functions.
3. The board may enter into contracts extending beyond the terms of each member then serving on the board if the contract is entered into in the manner provided for a board of county commissioners in NRS 244.320.
________
Senate Bill No. 412Committee on Government Affairs
CHAPTER 482
AN ACT relating to elections; providing for voting for President and Vice President by new residents; prescribing a fee; making certain technical changes to the election laws; and providing other matters properly relating thereto.
[Approved May 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 293.185 is hereby amended to read as follows:
293.185 The declaration of candidacy, the certificate of candidacy and the acceptance of candidacy [shall] must be filed during regular office hours, as follows:
1. For United States Senator, Representative in Congress, state offices, state senators and assemblymen to be elected from districts comprising more than one county, and all other offices whose districts comprise more than one county, with the secretary of state.
2. For Representative in Congress and district offices voted for wholly within one county, state senators and assemblymen to be elected from districts comprising but one or part of one county, county and township officers, with the county clerk.
Sec. 2. NRS 293.303 is hereby amended to read as follows:
293.303 1. A person applying to vote may be challenged orally by any registered voter of the precinct or district upon the ground that he is not the person entitled to vote as claimed, or has voted before on the same day, or on any other ground provided for in this Title.
2. If a person is challenged orally, the election board shall tender him the following oath or affirmation: Do you swear (or affirm) that you are the person whose name is on the affidavit of registration in this precinct register?
3. If such a person refuses to take the oath so tendered, or if any person is otherwise successfully challenged, [such person shall] the person must not be issued a ballot, and the officer in charge of the election board register shall write the words Challenged ......................
κ1983 Statutes of Nevada, Page 1288 (CHAPTER 482, SB 412)κ
...................... on the back of [such] the persons affidavit of registration.
4. The election board officers shall record the success of the challenge on the challenge list, and the election board officer in charge of the checklist shall indicate next to the name of the challenged person that [such person] he was challenged successfully.
5. When a challenge is unsuccessful, the challenged person [shall] must be issued a ballot and [shall be] allowed to vote. The election board officers shall record the unsuccessful challenge on the challenge list.
6. In all cases of challenge the decision rests with the election board by majority vote.
7. The election board officers may test the qualifications of the challenged person by asking any relevant question which such officers consider necessary to arrive at a decision.
8. Answers [shall] must be given under oath and compared with the statements on the questioned persons affidavit of registration.
9. The election board officers may refuse to allow a challenged person to vote without further proceedings unless he [brings] :
(a) Brings registered voters of the county to be examined under oath as to the qualifications of the challenged person [.] ; and
(b) If a challenge to his residency is made, produces official identification as proof of his residence, such as his drivers license or other official document.
10. When the affidavit of registration of a person applying to vote has an affidavit of challenge attached, the officer in charge of the election board register shall cause [such] the challenge to be executed before all the election board officers in the same manner as if [such] the person were challenged orally at the polling place. After such execution, the election board shall proceed to decide in the manner provided in this section for oral challenges.
Sec. 3. NRS 293.327 is hereby amended to read as follows:
293.327 1. If [the] a request for an absent ballot is made by a registered voter in person, the county clerk shall issue an absent ballot to the registered voter, and [such] the ballot [shall] must be voted on the premises of [such] the clerks office and returned to the clerk.
The clerk shall follow the same procedure as in the case of absent ballots received by mail.
2. Each county clerk shall provide a voting booth, with suitable equipment for voting, on the premises of his office for use by registered voters who are issued absent ballots in accordance with this section.
Sec. 4. NRS 293.403 is hereby amended to read as follows:
293.403 1. After the canvass of the vote in any election, any candidate defeated at the election may demand and receive a recount of the vote for the office for which he is a candidate if within 5 days after the certification of the abstract of votes:
(a) He makes his demand to the officer with whom he filed his declaration or acceptance of candidacy, either the secretary of state or the county clerk; and
κ1983 Statutes of Nevada, Page 1289 (CHAPTER 482, SB 412)κ
(b) He deposits in advance the estimated costs of the recount with the county clerk or secretary of state. The estimated costs of the recount [shall] must be determined by the county clerk or secretary of state based on regulations [promulgated] adopted by the secretary of state defining the term costs.
2. As used in this section, canvass means:
(a) In any primary election, the canvass by the board of county commissioners of the returns for a candidate voted for in one county or the canvass by the board of county commissioners last completing its canvass of the returns for a candidate voted for in more than one county.
(b) In any general election [, the] :
(1) The canvass [of] by the supreme court [.] of the returns for a candidate for a statewide office; or
(2) The canvass of the board of county commissioners of the returns for any other candidate, as provided in paragraph (a).
Sec. 5. NRS 293.517 is hereby amended to read as follows:
293.517 1. Any elector residing within the county may register by appearing before the county clerk or deputy registrar, completing the affidavit of registration, and giving true and satisfactory answers to all questions relevant to such electors right to vote. The county clerk may require a person to submit official identification as proof of residence, such as a drivers license or other official document, before registering him.
2. The affidavit of registration [shall] must be signed and verified by the elector registering.
3. Each [female] elector who is or has been married [shall] must be registered under [her] his own given or first name, and not under the given or first name or initials of [her husband.] his spouse.
4. Any elector who changes his [or her] name by marriage, or otherwise, [shall not be] is not eligible to vote unless he [or she] reregisters. If any such change of name occurs after the close of registration, the elector may vote at the ensuing election upon satisfactory proof of registration and subsequent change of name.
Sec. 6. Chapter 293B of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The ballot cards to be used in a punchcard voting system must have two detachable stubs. Each of the stubs attached to a particular ballot card must bear the number of that card.
2. One of the stubs must be detached and given to the voter when he returns his voted ballot, and the other stub must be retained by the election board.
Sec. 7. NRS 298.109 is hereby amended to read as follows:
298.109 1. A person who desires to be an independent candidate for the office of President of the United States must, not later than 5 p.m. on September 1 in each year in which a presidential election is to be held, pay a filing fee of $250 and file with the secretary of state a certificate of candidacy, in which he may also designate his nominee for Vice President. If September 1 falls on a Saturday, Sunday or legal holiday, the certificate must be filed not later than 5 p.m.
κ1983 Statutes of Nevada, Page 1290 (CHAPTER 482, SB 412)κ
holiday, the certificate must be filed not later than 5 p.m. on the preceding Friday or business day. The certificate must be signed by the candidate for President, his nominee for Vice President if designated, and by a number of registered voters equal to not less than 5 percent of the [entire] total number of votes cast at the last preceding general election for candidates for Representative in Congress, declaring that they support the candidacy of the designated candidate for President, and his nominee for Vice President if one is designated in the certificate, and requesting that the names of the proposed candidates be placed on the ballot at the general election that year.
2. The certificate may consist of more than one document and each person signing shall add to his signature the address of the place at which he then resides and the name of the county wherein he is registered to vote. Each certificate must also contain the affirmation of at least one of the signers that all signatures thereon are genuine to the best of his knowledge and belief.
3. Each independent candidate so nominated for the office of President shall at the time of filing his certificate as provided in subsection 1, or within 10 days thereafter, file with the secretary of state his written designation of the names of the number of presidential electors then authorized by law, whom the independent candidate desires to act as his electors, all of whom must then be registered voters. Immediately following receipt of each candidates written designation of his nominees for electors, the secretary of state shall record them in his office as the nominees for presidential electors of that independent candidate.
Sec. 8. NRS 298.250 is hereby amended to read as follows:
298.250 1. If a former resident of the State of Nevada otherwise qualified to vote in another state in any election for President and Vice President has commenced his residence in [such] the other state after the 30th day next preceding [such] that election and for this reason does not satisfy the requirements for registration in [such] the other state, he may vote for President and Vice President only in [such] that election : [either:]
(a) In person in the county of the State of Nevada which was his former residence, if he is otherwise qualified to vote there; or
(b) By absent ballot in the county of the State of Nevada which was his former residence, if he is otherwise qualified to vote there and complies with the applicable requirements of NRS 293.310 to 293.340, inclusive.
2. If a new resident of the State of Nevada otherwise qualified to vote in another state in any election for President and Vice President has commenced his residence in this state after the 30th day next preceding that election and for this reason does not satisfy the requirements for registration in this state, he may vote for President and Vice President in this state.
3. The secretary of state [shall,] may, in a manner consistent with the election laws of this state, [prescribe such details concerning the category of absent voter specified in subsection 1 limited solely to voting for President and Vice President] adopt such regulations as may be necessary to effectuate the purposes of this section.
κ1983 Statutes of Nevada, Page 1291 (CHAPTER 482, SB 412)κ
category of absent voter specified in subsection 1 limited solely to voting for President and Vice President] adopt such regulations as may be necessary to effectuate the purposes of this section.
________
Assembly Bill No. 254Committee on Labor and Management
CHAPTER 483
AN ACT relating to industrial insurance; making assorted changes in the law relating thereto; and providing other matters properly relating thereto.
[Approved May 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No provider of health care who accepts a patient as a referral for the treatment of an industrial injury or an occupational disease may charge the patient for the approved treatment, but must charge the insurer.
2. The insurer is liable for all charges for approved services if the charges do not exceed:
(a) The fees established in accordance with NRS 616.412 or the usual fee charged by that person or institution, whichever is less; and
(b) The charges provided for by the contract between the provider of health care and the insurer.
3. If a provider of health care or an insurer violates the provisions of this section, the administrator may impose an administrative fine not to exceed $250 for each violation.
Sec. 2. NRS 616.045 is hereby amended to read as follows:
616.045 Compensation means the money [allowance] which is payable to an employee or to his dependents as provided for in this chapter, and includes [funeral] benefits for funerals, [and] accident benefits [.] and money for rehabilitative services.
Sec. 3. NRS 616.073 is hereby amended to read as follows:
616.073 Volunteer officers attached to the Nevada highway patrol or 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 the chief of the Nevada highway patrol or 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 Nevada highway patrol or the city, town, metropolitan police department or county so recognizing them, at the wage of $900 per month, and are entitled to the benefits of this chapter upon [such] compliance therewith by the Nevada highway patrol or the county, metropolitan police department, city or [towns complying therewith.] town.
κ1983 Statutes of Nevada, Page 1292 (CHAPTER 483, AB 254)κ
Sec. 4. NRS 616.076 is hereby amended to read as follows:
616.076 Any person [engaged] who is:
1. Engaged in vending, selling, offering for sale or delivering directly to the public any newspaper, magazine or periodical pursuant to an agreement or contract with the publisher or distributor thereof ; [, acting]
2. Acting under the control of [such] the publisher or distributor ; and [receiving]
3. Receiving a wage, commission or other compensation based upon his sales of [such] the newspaper, magazine or periodical ,
shall be deemed, for the purposes of this chapter , [only,] to be an employee of [such] the publisher or distributor and to be receiving a wage of $50 per month [, and shall be] or his actual remuneration, whichever is greater, and is entitled to the benefits of this chapter.
Sec. 4.5. NRS 616.086 is hereby amended to read as follows:
616.086 Any person who is an apprentice shall be deemed an employee who is receiving a wage of $150 per month for the purposes of this chapter [, and is] . Any injury to the apprentice which occurs in the course of instruction required as a part of his apprenticeship shall be deemed to have occurred in the course of his employment and he is therefore entitled to the benefits of this chapter, if he is not employed elsewhere [,] and he is:
1. Attending a class for vocational training; or
2. Receiving bona fide instruction as an apprentice,
under the direction of an apprenticeship committee registered with the state apprenticeship council.
Sec. 5. 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. The members of each panel must included two orthopedic surgeons, two neurosurgeons, two surgeons whose practice is not limited to any specialty, two psychiatrists, an internist, a family practitioner, 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] appoint the members from that profession after consulting the state health officer. When an injured employee is referred to the panel, the [chairman of the panel,] insurer, 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 members of the panel . [members.] The three 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 members of 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 each respective organization exists.
κ1983 Statutes of Nevada, Page 1293 (CHAPTER 483, AB 254)κ
Chiropractic Association of Nevada so long as 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. 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.
Sec. 6. NRS 616.235 is hereby amended to read as follows:
616.235 1. Each officer who serves a subpena is entitled to receive the same fees as a sheriff.
2. Each witness who appears , in obedience to a subpena which has been issued pursuant to this chapter, before an appeals officer, a hearing officer, the administrator or the manager is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record.
3. [Claims for witnesses fees must be audited and paid from the state treasury in the same manner as other expenses are audited and paid upon the presentation of proper vouchers approved by an appeals officer, a hearing officer, the administrator or the manager.
4. A witness subpenaed at the instance of a party other than an appeals officer, a hearing officer, the administrator or the manager is not entitled to compensation from the state treasury unless an appeals officer, a hearing officer, the administrator or the manager certifies that his testimony was material to the matter investigated.] The appeals officer, hearing officer, administrator or manager shall:
(a) Authorize payment from his administrative budget of the fees and mileage due to such a witness; or
(b) Impose those costs upon the party at whose instance the witness was subpenaed or, for good cause shown, upon any other party.
κ1983 Statutes of Nevada, Page 1294 (CHAPTER 483, AB 254)κ
Sec. 7. NRS 616.2533 is hereby amended to read as follows:
616.2533 1. The state industrial attorney shall establish an office in Carson City [,] or Reno, Nevada, and an office in Las Vegas, Nevada.
2. The state industrial attorney shall prepare and submit a budget for the maintenance and operation of his office in the same manner as other state agencies. The budget division of the department of administration shall administer the budget of the state industrial attorney.
Sec. 8. NRS 616.412 is hereby amended to read as follows:
616.412 1. All fees and charges for accident benefits are subject to regulation by the department and must not:
(a) Exceed such fees and charges as prevail in the same community for similar treatment of injured persons of like standard of living.
(b) Be unfairly discriminated as between persons legally qualified to provide the particular service for which the fees or charges are asked.
2. Any fee schedule adopted pursuant to this section must not establish maximum fees and charges which are less than the statistical mode of the fees and charges billed in the same community for similar treatment of injured persons in similar facilities. The schedule must be revised at least annually.
3. The department may adopt reasonable regulations necessary to carry out the provisions of this section.
4. For the purposes of this section:
(a) Clark County comprises one community;
(b) Washoe and Douglas counties and Carson City comprise one community; and
(c) Together, the remaining counties in the state comprise one community.
Sec. 9. NRS 616.5412 is hereby amended to read as follows:
616.5412 1. Any person who is subject to the jurisdiction of the hearing officers under this chapter or chapter 617 of NRS may request a hearing before a hearing officer of any matter within his authority. The insurer shall provide , without cost, the forms necessary to request a hearing to any person who requests them . [without cost.]
2. A person who is aggrieved by a decision of an insurer may appeal from the decision by filing a request for a hearing before a hearing officer. Such a request must be filed within 30 days after the date on which the notice of its decision was mailed by the insurer.
Sec. 10. NRS 616.545 is hereby amended to read as follows:
616.545 1. If a change of circumstances warrants an increase or rearrangement of compensation during the life of an injured workman, application may be made therefor. The application must be in writing and accompanied by the certificate of a physician, or a chiropractor if the change in circumstances reasonably indicates treatment that is within the lawful scope of chiropractic, showing a change of circumstances which would warrant an increase or rearrangement of compensation. No increase or rearrangement is effective before the application is made unless good cause is shown. The insurer shall, upon good cause shown, allow the cost of emergency treatment the necessity for which has been certified by a physician or a chiropractor.
κ1983 Statutes of Nevada, Page 1295 (CHAPTER 483, AB 254)κ
2. After a claim has been closed, the insurer, upon receiving an application and for good cause shown, may authorize the reopening of the claim for medical investigation only. The application must be accompanied by a written request for treatment from the claimants physician or chiropractor, certifying that the treatment is indicated by a change in circumstances and is related to the industrial injury sustained by the claimant.
Sec. 10.5. NRS 616.585 is hereby amended to read as follows:
616.585 Every employee in the employ of an employer, within the provisions of this chapter, who [shall be] is injured by accident arising out of and in the course of employment, or his dependents [as defined in this chapter, shall be] , is entitled to receive the following compensation for temporary total disability:
1. During the period of temporary total disability, 66 2/3 percent of the average monthly wage.
2. Any increase in compensation and benefits effected by the amendment of subsection 1 [shall not be] is not retroactive.
3. For purposes of benefits for a temporary total disability [benefits] under this section, the period of temporary total disability [shall cease] ceases when any [competent medical authority determines such] physician or chiropractor determines that the employee is capable of any gainful employment.
Sec. 11. NRS 616.605 is hereby amended to read as follows:
616.605 1. Every employee, in the employ of an employer within the provisions of this chapter, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided for permanent partial disability. As used in this section disability and impairment of the whole man are equivalent terms.
2. The insurer shall select a physician from a [panel of] group of rating physicians designated by the administrator, to determine the percentage of disability in accordance with the American Medical Association publication, Guides to the Evaluation of Permanent Impairment, as it exists on the date most recently specified by regulation of the department. The department may supplement this publication by adopting regulations for a supplemental guide.
3. No factors other than the degree of physical impairment of the whole man may be considered in calculating the entitlement to compensation for a permanent partial disability.
4. Each 1 percent of impairment of the whole man must be compensated by a monthly payment of 0.5 percent of the claimants average monthly wage for injuries sustained before July 1, 1981, and 0.6 percent for injuries sustained on or after July 1, 1981. Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or:
(a) On or after July 1, 1983, and before July 1, 1984, until the claimant is 66 years of age;
(b) On or after July 1, 1984, and before July 1, 1985, until the claimant is 67 years of age;
κ1983 Statutes of Nevada, Page 1296 (CHAPTER 483, AB 254)κ
(c) On or after July 1, 1985, and before July 1, 1986, until the claimant is 68 years of age;
(d) On or after July 1, 1986, and before July 1, 1987, until the claimant is 69 years of age; or
(e) On or after July 1, 1986, until the claimant is 70 years of age,
whichever is later.
5. Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month.
6. Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
7. The department may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section.
8. The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973.
9. This section does not entitle any person to double payments for the death of a workman and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.
Sec. 12. NRS 616.624 is hereby amended to read as follows:
616.624 The [system] administrator shall provide by regulation for a method of determining average monthly wage.
Sec. 13. Section 4 of Assembly Bill 278 of the 62nd session of the Nevada legislature is hereby amended to read as follows:
Sec. 4. 1. An award for a permanent partial disability may be paid in a lump sum under the following conditions:
(a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his compensation in a lump sum. A claimant injured on or after July 1, 1981, who incurs a disability that does not exceed 25 percent may elect to receive his compensation in a lump sum.
(b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616.615, is entitled to a lump sum equal to the present value of the deceased claimants undisbursed award for a permanent partial disability.
2. If the claimant elects to receive his payment for a permanent partial disability in a lump sum, all of his benefits for compensation terminate. His acceptance of that payment constitutes a final settlement of all factual and legal issues in the case. By so accepting he waives all of his rights regarding the claim, including the right to appeal from the closure of the case or the percentage of his disability, except:
κ1983 Statutes of Nevada, Page 1297 (CHAPTER 483, AB 254)κ
the right to appeal from the closure of the case or the percentage of his disability, except:
(a) His right to reopen his claim according to the provisions of NRS 616.545; and
(b) Any services for counseling, training or rehabilitation provided by the insurer.
The claimant must be advised in writing of the provisions of this subsection when he demands his payment in a lump sum, and has 20 days after the mailing or personal delivery of this notice within which to retract or reaffirm his demand, before payment may be made and his election becomes final.
3. Any lump sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.
4. The total lump sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability.
5. The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value is calculated using monthly payments in the amounts prescribed in subsection 4 of NRS 616.605 and actuarial annuity tables adopted by the department. The tables must be reviewed annually by a consulting actuary.
6. If a claimant would receive more money by electing to receive compensation in a lump sum than he would if he receives installment payments, he may elect to receive the lump sum payment.
Sec. 14. No payment may be made as a result of the amendment of subsection 4 of NRS 616.605 by section 1 of chapter 180, Statutes of Nevada 1983, to any person who before July 1, 1983:
1. Accepted his compensation in a lump sum; or
2. Received compensation for 5 years or reached his 65th birthday,
whichever was later.
Sec. 15. 1. Sections 3, 5, 6, 8, 10 and 11 of this act shall become effective at 12:01 a.m. on July 1, 1983.
2. Section 13 of this act shall become effective at 12:02 a.m. on July 1, 1983.
________
κ1983 Statutes of Nevada, Page 1298κ
Assembly Bill No. 321Committee on Government Affairs
CHAPTER 484
ACT relating to state records; vesting the state librarian with rights concerning records submitted by state agencies and accepted for the archives; providing for limited access to certain records donated by constitutional officers; clarifying provisions on destruction of certain records held at the archives; renaming the division of archives of the Nevada state library; providing for the establishment of programs for the efficient and economical management of records; and providing other matters properly relating thereto.
[Approved May 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 239.005 is hereby amended to read as follows:
239.005 As used in this chapter [division of archives] division means the division of [state, county and municipal] archives and records of the Nevada state library.
Sec. 1.3. NRS 239.070 is hereby amended to read as follows:
239.070 1. In lieu of or in addition to the method of recording required or allowed by statute, the county recorder may use [the microfilm method of] microfilm for such recording.
2. The division , [of archives,] in cooperation with the state printing and records division of the department of general services, shall provide microfilming service to any local government . [entity.] The charge for the service [shall] must not exceed the actual cost.
3. If [such microfilm method be] microfilming is used:
(a) The microphotographs or micronegative films [shall] must be properly indexed and placed in conveniently accessible files.
(b) Each film [shall] must be designated and numbered.
(c) Provision [shall] must be made for preserving, examining and using the [same.] films.
4. A duplicate of each such film [shall] must be made and kept safely in a separate place.
5. Duplicates of each such film [shall] must be made available by the county recorder for sale at a price not exceeding cost upon the request of any person, firm or organization. Subject to the approval of the board of county commissioners, the county recorder may, at any time, make additional duplicates of each such film available for sale to the public at a price not exceeding cost.
Sec. 1.6. NRS 239.080 is hereby amended to read as follows:
239.080 1. [No] An official state record may be disposed of [prior to approval] only in accordance with a schedule for retention and disposition which is approved by the state board of examiners.
2. In cooperation with the [state printing and records division of the department of general services,] division, each agency, board and commission shall develop a [records retention and disposal schedule which will specify the total retention value for] schedule for the retention and disposition of each type of official state record.
κ1983 Statutes of Nevada, Page 1299 (CHAPTER 484, AB 321)κ
3. Each [records retention and disposal] such schedule must be submitted to the state board of examiners for final approval.
4. [The provisions of this section are not applicable to the papers, books and documents of the department of transportation.] For the purposes of this section, official state record includes records:
(a) Which are made or received by the officers or employees of a state agency in the performance of their public duties; and
(b) Whose preparation or maintenance was supported by public money.
Sec. 1.9. NRS 239.085 is hereby amended to read as follows:
239.085 1. [Whenever the] The director of the department of transportation [determines that old or obsolete papers, books, pamphlets or documents of the department of transportation are no longer of value to the department, he may order the papers, books, pamphlets or documents removed from storage and destroyed.
2.] shall, in cooperation with the division, develop a schedule for the retention and disposition of each type of official state record in the care, custody and control of the department of transportation.
2. A record which has historical or permanent value must be preserved permanently by the department of transportation or submitted to the state librarian for preservation in the archives.
3. The department of transportation shall keep a record showing when any [of the papers, books, pamphlets and documents] official state record mentioned in subsection 1 was destroyed, and the kind and nature of it.
[3. If any of the papers, books, pamphlets and documents has a historical value, it may be presented to the state librarian for preservation in the archives.]
Sec. 2. NRS 239.090 is hereby amended to read as follows:
239.090 1. Subject to the provisions of subsection 2, any state official may , with the prior approval of the state librarian, submit any obsolete official books, [records,] documents, original papers, newspaper files [and] , printed books or other records not in current use in his office to the division . [of archives.]
2. A state officer shall first obtain the consent and approval of the governor. Any other state official shall obtain the consent of the department head under which he operates.
3. The division of archives may return a submission or any part thereof, if the submission has no historical or permanent value.
4. [A submission of a local government entity may be reclaimed, in whole or in part, by that entity by serving written notice upon the division of archives and paying the cost of transportation for the return.] If the state librarian finds that any record so submitted has historical or permanent value and he accepts it as an accession to the archives, the right to control and possession of it vests in him, and the submitting official is not entitled to reclaim it. If records are transferred to the division by a state official only for the purpose of having the records stored safely on his behalf, he has constructive custody of the records and retains the right to control access to them.
κ1983 Statutes of Nevada, Page 1300 (CHAPTER 484, AB 321)κ
Sec. 2.5. NRS 239.121 is hereby amended to read as follows:
239.121 As used in NRS 239.121 to 239.125, inclusive:
1. Custodian of records means any person authorized to have the care, custody and control of any documents, instruments, papers, books, pamphlets or any other records or writings of a local governmental entity.
2. Governing body means the governing body of a local governmental entity.
3. Local governmental entity means a county, an incorporated city, an unincorporated town, a township, a school district or any other public district or agency designed to perform local governmental functions.
4. Old records means documents, instruments, papers, books, pamphlets or any other records or writings of a local governmental entity which are retained for any purpose by the local governmental entity beyond the minimum [retention] period for retention established by the division [of archives.] or for 5 years or more, whichever is earlier.
Sec. 3. NRS 239.123 is hereby amended to read as follows:
239.123 1. As an alternative to the destruction of old records, the records, with the consent of the governing body [,] and the state librarian, may be submitted to the division . [of archives.]
2. The [division of archives may return the records so submitted, or any part thereof, if they have no historical or permanent value.
3. The] custodian of records shall maintain an accounting of all old records disposed of pursuant to [this section,] subsection 1, indicating the nature or identity of [such] the records as well as the date of submission to the division . [of archives.]
3. The division may return the records so submitted, or any part thereof, if they have no historical or permanent value.
4. Records so submitted may be reclaimed, in whole or in part, by the local government if:
(a) The division did not acquire title to them in an agreement between the state librarian and the local government; and
(b) The local government serves written notice upon the division of its intention to reclaim the records and pays the cost of transportation for the return.
Sec. 3.5. NRS 239.124 is hereby amended to read as follows:
239.124 [Except as provided in NRS 239.051, 239.100, 239.110 and 239.120, and except as may be specifically authorized by the special charter of any incorporated city, NRS 239.121 to 239.123, inclusive, constitutes the exclusive procedure for destruction or] The procedures set forth in NRS 239.051, 239.110 and 239.123, and any procedure specifically authorized by the special charter of an incorporated city, constitute the procedures for disposition by a local governmental entity of any old records [of the entity] which have been retained by the entity for any purpose [, and destruction or] . The disposition thereof must not occur except [by compliance with that procedure.] in compliance with one of those procedures.
κ1983 Statutes of Nevada, Page 1301 (CHAPTER 484, AB 321)κ
Sec. 4. Chapter 378 of NRS is hereby amended by adding thereto the provisions set forth as sections 5, 5.3, 5.6, 6, 6.3 and 6.6 of this act.
Sec. 5. Whenever a constitutional officer or former constitutional officer has deposited records relating to his office, other than public records, to the division upon a condition that access to the records be restricted until the end of a specified period, the state librarian shall maintain the restrictions as prescribed in the agreement, but no such restrictions may validly extend more than 25 years after the creation of the records.
Sec. 5.3. 1. Except as otherwise provided in subsection 2, the state librarian shall establish and administer a program for the efficient and economical creation, use, maintenance, retention, preservation and disposition of the records of the executive branch of the government of the State of Nevada.
2. The director of the department of transportation may establish his own program for the management of the departments records, if he confers with the state librarian regarding the program. The program must incorporate generally accepted practices for managing records.
Sec. 5.6. The state librarian may:
1. Adopt regulations and establish standards, procedures and techniques for the effective management of records.
2. Make continuing surveys of current practices for the management of records and recommend improvements in those practices, including the use of space, equipment and supplies to create, maintain and store records.
3. Establish standards for the preparation of schedules providing for the retention of state records of continuing value and for the prompt and orderly disposition of state records which no longer possess sufficient administrative, fiscal, legal or research value to warrant their further retention.
4. Establish, maintain and operate a center for storing and retrieving records for state agencies pending their acceptance by the division or their disposition in any other manner prescribed by law.
5. Establish a program for the control and management of forms, files, reports, directives and correspondence.
6. Establish a program of planning and preparation to assist state agencies and local governments in providing protection for records essential for the continuation or reestablishment of government in the event of a disaster.
7. Provide advice and technical assistance to state agencies, local governmental entities and, if requested, the legislative and judicial branches of state government concerning any aspect of managing records.
8. Through the division, inspect the physical nature of any governmental records in the custody of a state or local governmental agency which is not confidential or privileged.
9. With the approval of the state board of examiners, bring an action to obtain possession of the records of a state or local governmental agency which are:
κ1983 Statutes of Nevada, Page 1302 (CHAPTER 484, AB 321)κ
(a) Of historical value and are not being properly cared for; or
(b) Privately held.
In an action to recover a record which is privately held, it is rebuttably presumed that a governmental record which appears to be the original of a document received or the file copy of a document made by a governmental agency is governmental property.
Sec. 6. Public records acquired by the division which have been declared by law to be confidential must remain confidential for 50 years, or if the record relates to a natural person until his death, whichever is later, unless another period has been fixed by specific statute.
Sec. 6.3. 1. The records of the governors office, which include correspondence sent or received by the governor or employees of his office in the performance of governmental duties, are the property of the State of Nevada and must be transferred to the division before the governor leaves office.
2. The division shall make the records of a former governor available for inspection, except:
(a) If that correspondence identifies or can be readily associated with the identity of any person other than a public officer or employee acting in his official capacity, the name and facts which identify that person must be deleted before the correspondence is disclosed, unless the person so named or identified is deceased or gives his prior written permission for the disclosure.
(b) Any agreement between a former governor and the division made before the passage of this act which provides for a period of confidentiality, is unaffected by the provisions of this section.
(c) Records of the governors office which are transferred to the division during the governors term of office remain in the custody of the governor and are not subject to the provisions of subsection 2 until after he leaves office.
Sec. 6.6. Except for documents which have been accepted into the archives and over which he is vested with the right of control and possession, the state librarian shall not destroy any record transferred to the division by a state agency unless:
1. He first consults with the proper official of the transferring agency; and
2. The destruction is carried out in accordance with a schedule for retention and disposal which has been approved by the state board of examiners.
Sec. 7. NRS 378.005 is hereby amended to read as follows:
378.005 As used in this chapter, [division of archives] division means the division of [state, county and municipal] archives and records of the Nevada state library.
Sec. 7.5. NRS 378.230 is hereby amended to read as follows:
378.230 1. The division of archives and records is hereby created in the Nevada state library. The division is administered by the state librarian.
2. It is the intent of the legislature that the division, in carrying out its functions , [of preserving, maintaining and coordinating state, county and municipal archival material,] follow accepted [standards] :
κ1983 Statutes of Nevada, Page 1303 (CHAPTER 484, AB 321)κ
its functions , [of preserving, maintaining and coordinating state, county and municipal archival material,] follow accepted [standards] :
(a) Standards of archival practice to assure maximum accessibility for the general public [.] ; and
(b) Procedures for the management of records to increase the efficiency of the system of governmental records and reduce the administrative costs associated with the maintenance, use, retention and disposition of records.
Sec. 8. NRS 378.240 is hereby amended to read as follows:
378.240 The state librarian shall, within the limits of legislative appropriations:
1. Maintain and properly equip safe and secure premises and vaults at the seat of government for the preservation and use of material deposited in the archives.
2. Employ persons in the classified service of the state to preserve, index and aid in the use of material deposited in the archives.
3. Give an appropriate receipt for material received by him for the archives.
4. [Make] Subject to the provisions of section 5 of this act and subsection 4 of NRS 239.090, make material deposited in the archives readily available for use.
5. Receive into the archives any material when directed to do so by the state board of examiners.
Sec. 8.5. NRS 378.250 is hereby amended to read as follows:
378.250 The state librarian may:
1. Receive into the archives any material from a state agency if he finds that it is of historical value.
2. With the approval of the state board of examiners, return to the state agency from which it was received, material in the archives which he finds is not of historical value.
3. Receive into the archives any material which has been directed to be deposited in the archives by an order or resolution of the governing body of a local governmental entity, if he finds that it is of historical value.
4. With the approval of the state board of examiners, turn over to the Nevada historical society , Nevada state museum or the University of Nevada System any material in the archives which he finds to be surplus, not properly in the archives, or appropriate to be kept [in the custody of the Nevada historical society.] elsewhere.
5. Expend any gift of money he is authorized to accept for the purpose specified by the donor or, if no purpose is specified, in any manner which will further the purposes of the division . [of archives.]
Sec. 9. NRS 378.270 is hereby amended to read as follows:
378.270 [The] 1. Subject to the provisions of section 5 of this act and subsection 4 of NRS 239.090, the state librarian shall furnish, on request, to any person who has paid the proper fees for it, a copy of any material not deemed confidential in the archives, and may certify it if required.
2. The state librarian may charge a reasonable fee for searching archives of the state, for producing copies of and for certifying copies of any material in the archives.
κ1983 Statutes of Nevada, Page 1304 (CHAPTER 484, AB 321)κ
archives of the state, for producing copies of and for certifying copies of any material in the archives.
Sec. 10. NRS 225.070 is hereby amended to read as follows:
225.070 1. The secretary of state has custody of and shall carefully preserve in the division of [state, county and municipal] archives and records of the Nevada state library or in his office.
(a) The enrolled copy of the constitution of the State of Nevada, except as permitted by subsection 3.
(b) The description of the state seal and other seals of which a description may be required to be deposited in his office.
(c) The proceedings and all papers of the two constitutional conventions held for the purpose of framing a constitution of this state.
(d) The manuscripts containing the enrolled acts and joint resolutions and journals of the legislature of this state and the Territory of Nevada.
(e) The records, papers and documents of Carson County, Utah Territory, and all other books, records and documents which, by the laws of the Territory of Nevada, were required to be deposited and kept in the office of the secretary of the Territory of Nevada.
(f) All the books, records, parchments, maps, registers and papers required to be deposited or kept in his office.
(g) All deeds and conveyances belonging to the state.
(h) All official bonds approved by the governor.
(i) All written contracts to which the state is a party, except those required to be deposited elsewhere.
2. The deeds, conveyances and official bonds must be recorded in well-bound books, and the original papers, except as permitted by subsection 3, must not be permitted to be taken out of the office [or the division of state, county and municipal archives for any reason whatever,] unless in the possession of the secretary of state or his deputy.
3. The enrolled copy of the constitution may be displayed within the legislative building when the legislature is in session.
Sec. 11. NRS 382.060 is hereby amended to read as follows:
382.060 The Nevada historical society shall preserve all old and obsolete property and obsolete and noncurrent public records presented to it by the state librarian from the division of [state, county and municipal] archives of the Nevada state library.
Sec. 12. NRS 412.052 is hereby amended to read as follows:
412.052 The adjutant general shall:
1. Supervise the preparation and submission of all returns and reports pertaining to the militia of the state required by the United States.
2. Be the channel of official military correspondence with the governor, and, on or before November 1 of each even-numbered year, report to the governor the transactions, expenditures and condition of the Nevada National Guard. The report must include the report of the United States Property and Fiscal Officer.
3. Be the custodian of records of officers and enlisted personnel and all other records and papers required by law or regulations to be filed in his office.
κ1983 Statutes of Nevada, Page 1305 (CHAPTER 484, AB 321)κ
filed in his office. He may deposit with the division of [state, county and municipal] archives of the Nevada state library for safekeeping records of his office that are used for historical purposes rather than the administrative purposes assigned to his office by law.
4. Attest all military commissions issued and keep a roll of all commissioned officers, with dates of commission and all changes occurring in the commissioned forces.
5. Record, authenticate and communicate to units and members of the militia all orders, instructions and regulations.
6. Cause to be procured, printed and circulated to those concerned all books, blank forms, laws, regulations or other publications governing the militia needful to the proper administration, operation and training of it or to carry into effect the provisions of this chapter.
7. Have an appropriate seal of office and affix its impression to all certificates of record issued from his office.
8. Render such professional aid and assistance and perform such military duties, not otherwise assigned, as may be ordered by the governor.
9. In time of peace, perform the duties of quartermaster general and chief of ordnance.
Sec. 13. NRS 239.100 and 239.120 are hereby repealed.
________
Assembly Bill No. 253Committee on Labor and Management
CHAPTER 485
AN ACT relating to industrial insurance; providing for the payment of dividends based on the experience of employers; amending provisions on the rating system and the failure of an employer to provide coverage; and providing other matters properly relating thereto.
[Approved May 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The manager shall, in order to provide an incentive for employers to control industrial injuries and occupational disease, declare and distribute dividends based on experience when the balance in the state insurance fund exceeds by $1,000,000 or more the amount necessary to pay obligations and administrative expenses, to carry reasonable reserves and to provide for contingencies. The manager may declare and distribute a dividend to an employer only once in any fiscal year.
2. The dividends distributed pursuant to this section must be computed in a manner which relates the amount of the dividend to the experience of the employer in the control of industrial injuries and occupational disease.
κ1983 Statutes of Nevada, Page 1306 (CHAPTER 485, AB 253)κ
3. The manager shall adopt regulations for the distribution of dividends pursuant to this section. The regulations may provide that:
(a) The employers period of experience be 1, 2 or 3 fiscal years.
(b) An employer who paid earned premiums during his period of experience may participate in any distribution of dividends.
(c) The employers own experience be used in any reasonable manner to determine his own dividend.
(d) When the balance in the state insurance fund exceeds by $1,000,000 or more the amount necessary for obligations, expenses, reserves and contingencies, a public hearing be held to determine the aggregate amount of dividends to be distributed.
Sec. 3. 1. If an employer objects to the amount of a dividend distributed to him, he may request the commissioner to review the amount within 30 days after the determination is made.
2. If an employer does not request a review within 30 days, he loses his right to object to the amount distributed.
3. The commissioner shall not substitute his judgment for that of the manager as to the weight of the evidence on questions of fact.
4. For the purpose of NRS 233B.130, the decision of the commissioner is a final decision.
Sec. 4. NRS 616.380 is hereby amended to read as follows:
616.380 1. In addition to the authority given the manager to determine and fix premium rates of employers as provided in NRS 616.395 to 616.405, inclusive, the manager:
(a) Shall apply that form of rating system which, in his judgment, is best calculated to rate [individually the] each individual risk more equitably, predicated upon the basis of the employers individual experience;
(b) Shall adopt equitable regulations controlling the rating [system,] of each risk, which regulations, however, must conserve to each risk the basic principles of industrial insurance; and
(c) May subscribe to a rating service of any rating organization for casualty, fidelity and surety insurance rating.
2. The rating system or any rating by a rating organization pursuant to this section is subject to the limitation that the amount of any increase or reduction of premium rate , [or] additional charge [or rebate] of premium contributions or payment of dividends must be in the discretion of the manager.
3. The rating system provided by this section is subject to the following further limitations:
(a) All studies conducted by the manager [for the purpose of determining] to determine the adequacy of rate levels and the equity of rates among classifications must be conducted in the presence of an actuary designated by the commissioner.
(b) [No increase or reduction of premium rate or additional charge or rebate of premium contributions may become effective for 30 days after adoption by the manager. Upon the adoption of any increase or reduction of premium rate or additional charge or rebate of premium contributions provided by this section the manager must file the revised rates with the commissioner and give written notice thereof to the employer affected by such rate change, charge or rebate.
κ1983 Statutes of Nevada, Page 1307 (CHAPTER 485, AB 253)κ
rates with the commissioner and give written notice thereof to the employer affected by such rate change, charge or rebate.
(c) The commissioner must grant the employer a hearing, if the employer requests it, before the effective date of the rate change. At the hearing consideration must be given to the objections as made by the parties appearing, and all matters in dispute must be resolved after such hearing by the commissioner in a manner which will not unjustly affect the objecting party or the state insurance fund. Following the hearing, the manager shall make such adjustments in rates as are ordered by the commissioner. The objective to be accomplished is to prescribe and collect only such premiums as may be necessary to pay the obligations created by this chapter, administrative expenses, and to carry such reasonable reserves as may be prescribed by law or may be deemed necessary to meet such contingencies as may be reasonably expected.] The manager shall file revised premium rates and classifications of employment with the commissioner and give written public notice to the employers affected by the changes at least 30 days before the effective date of the changes. The commissioner shall review the revised rates and classifications and advise the manager of the changes which are not consistent with NRS 686B.050 and 686B.060.
(c) Any employer affected by a change in a premium rate may request the commissioner to hold a hearing before the effective date of the change. At the hearing, the commissioner shall consider the objections raised by any party appearing at the hearing.
(d) Premium rates may not be fixed at a level higher than that required to:
(1) Pay the obligations created by this chapter and associated administrative expenses.
(2) Provide for a reasonable reserve for claims.
(3) Provide for contingencies such as a catastrophe, economic change, change in judicial interpretations of the law, legislative amendments of the law, deficiencies in the reserve and other events which cannot be predicted accurately and could endanger the solvency of the fund.
The commissioner may order the manager to make any adjustments necessary to meet the requirements of this paragraph.
4. Subsections 2 and 3 [of this section] do not apply to rating plans made by voluntary agreement between the manager and employer which increases or reduces premium contributions for the employer. The voluntary rating plans may be retrospective in nature. A voluntary rating plan must be in writing and signed by both the manager and the employer.
Sec. 5. Chapter 617 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.
Sec. 6. The manager shall establish the classifications of employment and the rates prescribing premiums in regard thereto in the same manner as provided in NRS 616.380.
Sec. 7. To provide an incentive to control occupational disease, the manager shall declare and distribute dividends from the occupational diseases fund in the same manner as provided in section 2 of this act.
κ1983 Statutes of Nevada, Page 1308 (CHAPTER 485, AB 253)κ
Sec. 8. NRS 617.310 is hereby amended to read as follows:
617.310 [1.] Except for a self-insured employer, every employer within the provisions of this chapter and every employer electing to be governed by the provisions of this chapter, before becoming entitled to the benefits of this chapter in the providing and securing of compensation to his employees, shall pay to the system, for the occupational diseases fund and the medical benefits fund, in the manner and at the times prescribed for the payment of premiums in chapter 616 of NRS, premiums in amounts fixed by the manager . [for the occupation or employment of such employer according to the classification, rules and rates made and promulgated by the manager.
2. The manager shall fix the classifications of employment and the rules and rates regulating and prescribing premiums in regard thereto.]
Sec. 9. This act shall become effective on November 1, 1983.
________
Assembly Bill No. 283Committee on Government Affairs
CHAPTER 486
AN ACT relating to the public service commission of Nevada; enlarging its membership; and providing other matters properly relating thereto.
[Approved May 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 703.030 is hereby amended to read as follows:
703.030 1. The commission [shall consist of three] consists of five commissioners appointed by the governor [.
2. The commissioners appointed by the governor prior to July 1, 1957, shall continue to hold office for the balance of the terms for which they were appointed. Thereafter, their respective successors shall be appointed] for terms of 4 years.
2. The governor shall appoint as members of the commission persons who have at least 2 years of experience in one or more of the following fields:
(a) Accounting.
(b) Business administration.
(c) Finance.
(d) Administrative law.
(e) Professional engineering.
(f) The operation of motor carriers.
3. One commissioner may be appointed to represent the general public.
[3.] 4. Not more than [two] three of the commissioners [shall] may be members of the same political party.
Sec. 2. NRS 703.110 is hereby amended to read as follows:
703.110 1. The majority of the commissioners have full power to act in all matters within their jurisdiction.
κ1983 Statutes of Nevada, Page 1309 (CHAPTER 486, AB 283)κ
2. [If two commissioners are disqualified or if there are two vacancies within the commission, the remaining commissioner shall] Any two or three commissioners may exercise all the powers of the commission [.] if the majority of the commissioners is disqualified or if there are two or three vacancies within the commission.
3. Public hearings must be conducted by one or more commissioners . [or, when the commission so directs, by the deputy commissioner, except as provided in this subsection, or an administrative assistant. The deputy commissioner shall not hear cases involving a change of rates.]
Sec. 3. The governor shall appoint the two additional members of the public service commission of Nevada to initial terms which expire on June 30, 1986.
Sec. 4. The provisions of section 1 of this act do not apply to those persons who are members of the commission on the effective date of this act.
________
Senate Bill No. 417Senators Wilson, Raggio, Mello, Wagner, Townsend, Glaser and Glover
CHAPTER 487
AN ACT designated as the Washoe County Metropolitan Water Authority Law; relating to the use of water for domestic, commercial and industrial purposes; creating the Washoe County Metropolitan Water Authority; defining the boundaries of its jurisdiction; providing for its governing body, officers and employees; empowering the authority to plan for the use of water resources, study its future functions and prepare and recommend legislation concerning the future of the authority; and providing other matters properly relating thereto.
[Approved May 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. This act may be cited as the Washoe County Metropolitan Water Authority Law.
Sec. 2. The legislature hereby determines, finds and declares:
1. All property to be acquired by the district hereunder must be owned, operated, administered and maintained for and on behalf of all of the people of the district.
2. The creation of the district hereby promotes the health, comfort, safety, convenience and welfare of all the people of the state, and will be of special benefit to the inhabitants of the district and the property therein.
3. The provision in this act of the purposes, powers, duties, privileges, immunities, rights, liabilities and disabilities concerning the district will serve a public purpose.
4. The district created hereby is a political subdivision of the state, and a quasi-municipal corporation with the powers herein provided.
κ1983 Statutes of Nevada, Page 1310 (CHAPTER 487, SB 417)κ
5. Any notice provided for herein for any purpose is reasonably calculated to inform each person of interest in any proceedings hereunder which may directly and adversely affect his legally protected interests, if any.
6. The necessity for this act results from:
(a) The large population growth in the urban area hereby included within the district, constituting a major portion of the states population;
(b) The numerous capital improvements and large amount of improved real property situated within such urban area;
(c) The arid or semiarid nature of the urban area, the scarcity of water therein, the necessity of the development of a larger water supply for the urban area and of a larger regional system for the acquisition and transmission of water supplies to the urban area;
(d) The division of the urban area into large areas of incorporated areas and unincorporated areas;
(e) The fragmentation and proliferation of powers, rights, privileges and duties pertaining to water supply within the urban area among a substantial number of public bodies, corporations and other persons;
(f) The resultant problems in water supply require extensive management and planning of the use of the water supplies existing within the district and require that appropriated water used in the district and unappropriated water found within the district must remain in the district unless its export is approved by the board as part of the comprehensive plan; and
(g) The close interrelationship between the allocation and distribution of surface and subsurface water for domestic, commercial and industrial use.
7. A general law cannot be made applicable to the district, and to properties, powers, duties, privileges, immunities, rights, liabilities and disabilities pertaining thereto as herein provided, because of the number of atypical factors and special conditions concerning them.
8. The powers, privileges and rights herein granted and the duties, immunities, liabilities and disabilities herein provided comply in all respects with any requirement or limitation imposed by any constitutional provision.
9. For the accomplishment of the purposes provided in this section the provisions of this act must be broadly construed.
Sec. 3. The Washoe County Metropolitan Water Authority is herby created as a body politic and corporate.
Sec. 4. As used in this act, unless the context otherwise requires:
1. Authority means the Washoe County Metropolitan Water Authority.
2. Board means the board of directors of the authority.
Sec. 5. The boundaries of the jurisdiction of the authority are the boundaries of Washoe County except that the jurisdiction of the authority does not extend to the part of the county which is:
1. In the drainage area naturally tributary to Lake Tahoe, including that lake; or
κ1983 Statutes of Nevada, Page 1311 (CHAPTER 487, SB 417)κ
2. North of the 5th standard parallel, which is the north line of Township 25 North, M.D.B. & M.
Sec. 6. 1. The authority is governed by a board of directors consisting of:
(a) Four members of the Reno city council, designated by that council.
(b) Two members of the board of county commissioners of Washoe County, designated by that board.
(c) Two members of the Sparks city council, designated by that council.
(d) One member who is a representative of the general public to be designated by the members of the board representing the Reno city council.
2. The members of the board shall elect a chairman from among themselves.
3. The board shall meet at the call of the chairman and as frequently as the board deems necessary.
4. No meeting of the board may commence or continue unless a quorum of at least a majority of the members of the board is present. A majority vote of the quorum present is required to take action with respect to any matter.
5. Members of the board serve without compensation, except that they are entitled to reasonable travel expenses and the subsistence allowance provided for county officers and employees for attendance at meetings and conduct of other business of the authority.
6. The board may adopt a seal and alter it at its pleasure.
Sec. 7. The county clerk, treasurer, auditor and comptroller of Washoe County shall serve the authority in the same capacity as they serve the county government.
Sec. 8. 1. No director, officer, employee or agent of the authority may be interested in any contract or transaction with the authority except in his official capacity or as is provided in his contract of employment with the authority.
2. The holding of any office or employment in any other public body of the state or of its political subdivisions or the owning of any property within the state, whether within or without the boundaries of the authority, is not a disqualification for membership on the board or employment by the authority or for compensation for services as a director, officer, employee or agent of the authority.
Sec. 9. The board may:
1. Fix the location of the principal place of business of the authority.
2. Appoint a general manager of the authority.
3. Delegate and redelegate to officers of the authority the power to employ necessary executives, clerical workers, engineering assistants and laborers, and retain legal, accounting or engineering services, subject to such conditions and restrictions as may be imposed by the board.
κ1983 Statutes of Nevada, Page 1312 (CHAPTER 487, SB 417)κ
4. Prescribe the powers, duties, compensation and benefits of all officers and employees of the authority.
5. Require such bonds as are necessary to protect the funds and other property of the authority.
Sec. 10. 1. The authority is exempt from regulation by the public service commission of Nevada.
2. The provisions of this act do not:
(a) Affect the jurisdiction of the public service commission over existing public utilities within the boundaries of the authority.
(b) Change the legal existence of or impair the powers of any general improvement district, or public utility within the boundaries of the authority.
Sec. 11. The authority may:
1. Sue and be sued in its own name in any court of competent jurisdiction.
2. Borrow or accept grants of money.
3. Adopt such bylaws as are necessary for the exercise of the powers and conduct of the affairs of the authority.
4. Perform all acts reasonably implied from and necessary for the full exercise of all the powers of the authority.
5. Enter into contracts, including cooperative agreements under chapter 277 of NRS.
6. Employ and fix the compensation of its staff and professional advisors.
7. Plan for the present and future use of water resources within the jurisdiction or at the disposal of the authority, and prepare and recommend legislation concerning the authority.
Sec. 12. This act shall become effective upon passage and approval.
________
Senate Bill No. 124Committee on Commerce and Labor
CHAPTER 488
AN ACT relating to small loans; requiring persons who engage in the business of making small loans to be licensed without reference to the rate of interest; repealing provisions which are premised upon limited rates of interest; expanding the exemption from regulation; and providing other matters properly relating thereto.
[Approved May 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 675.030 is hereby amended to read as follows:
675.030 The legislature finds as facts and determines that:
κ1983 Statutes of Nevada, Page 1313 (CHAPTER 488, SB 124)κ
1. There exists in this state a widespread demand for loans repayable in installments, which loans may or may not be made on substantial security. This demand has been steadily increased by many social and economic factors. [The scope and intensity of this demand permits the unscrupulous to pray upon such potential borrowers.]
2. The expenses of making and collecting installment loans are necessarily high in relation to the amounts lent . [and legitimate lenders are therefor inadequately compensated under the general interest statutes of this state when making such loans.]
3. The need of legislation is especially apparent in the area of loans of $10,000 or less.
4. It is the purpose of this chapter to [bring] :
(a) Bring under public supervision those engaged in the business of making loans of $10,000 or less; [to attract]
(b) Attract adequate commercial capital to the business, so that the demand for such loans may be satisfied; [to establish a system of regulation for the purpose of insuring that charges for such loans be established which are fair, just and reasonable to the borrower and lender and which permit a fair return to those engaged in such business; and that there will be established] and
(c) Ensure the availability in this state [an] of adequate, efficient and competitive [installment loan and finance service.] financial services.
Sec. 2. NRS 675.040 is hereby amended to read as follows:
675.040 [No] This chapter does not apply to any person doing business under the authority of any law of this state or of the United States relating to banks, savings banks, trust companies, savings and loan associations, [or credit unions is eligible to become a licensee under this chapter, nor does this chapter apply to any business transacted by any such person under the authority of and as permitted by any such law, nor to any bona fide pawnbroking business transacted under a pawnbrokers license.] credit unions, development corporations, mortgage companies, thrift companies or pawnbrokers.
Sec. 3. NRS 675.060 is hereby amended to read as follows:
675.060 1. No person [shall] may engage in the business of lending in amounts of $10,000 or less , [and contract for, exact or receive, directly or indirectly, on or in connection with any such loan, any charges, whether for interest, compensation, consideration or expense, which in the aggregate are greater than the interest that the lender would be permitted by law to charge for a loan of money if he were not a licensee under this chapter,] except as [provided in and] authorized by this chapter, [and] without first having obtained a license from the superintendent.
2. For the purpose of this section a loan shall be deemed to be in the amount of $10,000 or less if the net amount or value advanced to or on behalf of the borrower, after deducting all payments for interest, principal, expenses and charges of any nature taken substantially contemporaneously with the making of the loan, does not exceed $10,000.
3. For the purpose of this section, a person engages in the business of lending if he solicits loans of $10,000 or less in this state and, in connection therewith, makes loans to persons in this state, unless these are isolated, incidental or occasional transactions.
κ1983 Statutes of Nevada, Page 1314 (CHAPTER 488, SB 124)κ
of lending if he solicits loans of $10,000 or less in this state and, in connection therewith, makes loans to persons in this state, unless these are isolated, incidental or occasional transactions.
Sec. 4. NRS 675.320 and 675.480 are hereby repealed.
________
Senate Bill No. 446Committee on Commerce and Labor
CHAPTER 489
AN ACT relating to mortgage brokers; amending a provision which exempts certain brokers subject to the Federal National Mortgage Association from control by the commissioner of savings associations; and providing other matters properly relating thereto.
[Approved May 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 645B.190 is hereby amended to read as follows:
645B.190 The provisions of this chapter do not apply to:
1. Any person doing business under the laws of this state or the United States relating to banks, mutual savings banks, trust companies, savings and loan associations, common and consumer finance companies, industrial loan companies, credit unions, thrift companies, insurance companies or real estate investment trusts as defined in 26 U.S.C. § 856.
2. An attorney at law rendering services in the performance of his duties as attorney at law.
3. A real estate broker rendering services in the performance of his duties as a real estate broker.
4. [Any firm or corporation which lends money on real property and is subject to licensing, supervision or auditing by the Federal National Mortgage Association as an approved seller or servicer.] Any firm or corporation:
(a) Whose principal purpose or activity is lending money on real property which is secured by means of a trust deed or a mortgage which is insured or guaranteed by the Department of Housing and Urban Development or the Veterans Administration; or
(b) Approved by the Federal National Mortgage Association as a seller or servicer, whose principal purpose or activity is lending money on real property secured by means of a trust deed or a mortgage which complies with the underwriting standards of the Federal National Mortgage Association.
5. Any person doing any act under order of any court.
6. Any one natural person, or husband and wife, who provides funds for investment in loans secured by a lien on real property, on his own account.
7. Agencies of the United States and of this state and its political subdivisions, including the public employees retirement system.
8. A seller of real property who offers credit secured by a mortgage of the property sold.
κ1983 Statutes of Nevada, Page 1315 (CHAPTER 489, SB 446)κ
Sec. 2. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
Senate Bill No. 361Committee on Commerce and Labor
CHAPTER 490
AN ACT relating to financial institutions; revising provisions governing fees; creating an investigative fund for financial institutions; making various administrative changes; providing penalties; and providing other matters properly relating thereto.
[Approved May 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 232 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. An investigative fund for financial institutions is hereby created as a special revenue fund. The fund consists of money which is:
(a) Received by the department of commerce in connection with the licensing of financial institutions; and
(b) Required by law to be placed therein.
2. The director of the department of commerce or his designee may authorize expenditures from the investigative fund to pay the expenses incurred in investigating applications for licensing of financial institutions and in conducting special investigations relating to those institutions, and expenses incurred in connection with mergers, consolidations, conversions, receiverships and liquidations.
3. As used in this section, financial institution means an institution for which licensing is required under the provisions of Titles 55 and 56 and chapters 645B and 649 of NRS.
Sec. 2. NRS 658.096 is hereby amended to read as follows:
658.096 1. The superintendent shall charge and collect the following [examination and survey] fees in connection with his official duties:
(a) For examination of state banks:
(1) A fee of $100 for each parent bank, payable on June 30 and December 31 of each year.
(2) A fee of $25 for each branch bank, payable on June 30 and December 31 of each year.
(3) Based upon the total assets of all banks, payable semiannually on the basis of the call report of condition as of June 30 and December 31 of each year, a fee of 10 cents per $1,000 for the first $500,000,000, 4 cents per $1,000 for the next $500,000,000, and 2 cents per $1,000 for amounts over $1,000,000,000.
(b) For [surveys of new branch bank sites or new bank applications:
(1) $100 per day, plus per diem expenses and travel allowance, for the examiner-in-charge.
κ1983 Statutes of Nevada, Page 1316 (CHAPTER 490, SB 361)κ
(2) $50 per day, plus per diem expenses and travel allowance, for each assistant of the examiner-in-charge.
(c) For a special bank examination:
(1) $100 per day, plus per diem expenses and travel allowance, for the examiner-in-charge.
(2) $50 per day, plus per diem expenses and travel allowance, for each assistant of the examiner-in-charge.
(d) For examination of trust departments of state banks:
(1) $125 per day, plus per diem expenses and travel allowance, for the examiner-in-charge.
(2) $50 per day, plus per diem expenses and travel allowance, for each assistant of the examiner-in-charge.
2. All] applications for new branch banks, a nonrefundable fee of $250 for the application and survey to be paid by the applicant at the time of making the application. The applicant shall also pay such additional expenses incurred in the process of investigation as the superintendent deems necessary. All money received by the superintendent pursuant to this paragraph must be placed in the investigative fund created by section 1 of this act.
(c) For special bank examinations and the examination of trust departments of state banks, a reasonable fee for each man-hour expended in conducting the examination and in preparing and typing the report of the examination.
2. Except as otherwise provided in paragraph (b), all money collected under this section must be paid into the state general fund.
Sec. 3. NRS 659.045 is hereby amended to read as follows:
659.045 1. Upon receipt of a copy of the articles of incorporation of the proposed bank, the superintendent shall at once examine into all of the facts connected with the formation of such proposed banking corporation, including its location and proposed stockholders. If it appears that [such] the corporation, if formed, will be lawfully entitled to commence the business of banking, the superintendent shall so certify to the secretary of state, unless upon examination and investigation he finds that:
(a) The proposed corporation is formed for any other than legitimate banking business;
(b) The character, general fitness and responsibility of the persons proposed as stockholders, directors, officers and other managerial officials of [such] the corporation are not such as to command the confidence of the community in which [such] the bank is proposed to be located;
(c) The probable volume of business and reasonable public demand in such community is not sufficient to assure and maintain the solvency of the new bank and of the then-existing bank or banks in the community;
(d) The name of the proposed corporation is likely to mislead the public as to its character or purpose; or
(e) The proposed name is the same as the one already adopted or appropriated by an existing bank in this state, or so similar thereto as to be likely to mislead the public.
κ1983 Statutes of Nevada, Page 1317 (CHAPTER 490, SB 361)κ
appropriated by an existing bank in this state, or so similar thereto as to be likely to mislead the public.
2. The superintendent shall not make the certification to the secretary of state until he has ascertained that the establishment of such bank will meet the needs and promote the convenience of the community to be served by the bank.
3. A nonrefundable fee of $3,000 for the application and survey must be submitted to the superintendent at the time the articles of incorporation are filed with the secretary of state. The proposed banking corporation shall also pay such additional expenses incurred in the process of investigation as the superintendent deems necessary. All money received by the superintendent pursuant to this section must be placed in the investigative fund created by section 1 of this act.
Sec. 4. NRS 669.150 is hereby amended to read as follows:
669.150 1. Thereafter, the corporate trust company shall file an application for a license to transact trust company business with the superintendent on forms prescribed by the superintendent, which [shall] must contain such information as the superintendent may require . [and be accompanied by a $250 investigation fee, which is nonrefundable.]
2. A nonrefundable fee of $1,000 for the application and survey must accompany the application. The applicant shall also pay such additional expenses incurred in the process of investigation as the superintendent deems necessary. In addition, a fee of not less than $100 nor more than $250, prorated on the basis of the licensing year as provided by the superintendent, must be paid at the time of making the application.
3. Any request for approval and licensing of a branch location for a trust company must be filed with the superintendent on such forms as he may prescribe. A nonrefundable fee of $250 for the application and survey must accompany each such request. In addition, a fee of not more than $100, prorated on the basis of the licensing year as provided by the superintendent, must be paid at the time of making the request.
4. All money received by the superintendent pursuant to this section must be placed in the investigative fund created by section 1 of this act.
Sec. 5. NRS 669.190 is hereby amended to read as follows:
669.190 1. The [amount of fees] initial fee to be paid for a trust company license [shall] must be in proportion to [their] the authorized capitalization of the trust company as follows:
(a) A trust company having a capitalization of $250,000 and up to and including $500,000 shall pay a license fee of $500.
(b) A trust company having a capitalization of more than $500,000 and up to and including $1,000,000 shall pay a license fee of $750.
(c) A trust company having a capitalization of more than $1,000,000 shall pay a license fee of $1,000.
2. In addition every trust company shall pay [a] an initial license fee of $100 for each branch office that may be authorized by the superintendent.
κ1983 Statutes of Nevada, Page 1318 (CHAPTER 490, SB 361)κ
3. Thereafter, every such trust company shall pay annually on or before April 1 of each year a license fee [equal to the original license fee provided in this section.] which must be in proportion to its authorized or existing capitalization (capital plus paid-in surplus plus undivided profits), whichever is higher, as follows:
(a) A trust company having a capitalization of $250,000 and up to and including $500,000 shall pay a license fee of $500.
(b) A trust company having a capitalization of more than $500,000 and up to and including $1,000,000 shall pay a license fee of $750.
(c) A trust company having a capitalization of more than $1,000,000 shall pay a license fee of $1,000.
4. All [moneys] money collected under the provisions of this section [shall] must be paid into the state general fund [of the state treasury] and the state treasurer shall issue a receipt therefor.
Sec. 6. NRS 669.250 is hereby amended to read as follows:
669.250 1. [The superintendent shall charge and collect examination fees for any] For each examination of a trust companys books and records required or authorized under this chapter, [as follows:
(a) For the examiner-in-charge, $125 per day, plus per diem expenses and travel allowance.
(b) For each assistant of the examiner-in-charge, $50 per day, plus per diem expenses and travel allowance.] the superintendent shall charge and collect from the trust company a reasonable fee for each man-hour expended in conducting the examination and in preparing and typing the report of the examination.
2. All [moneys] money collected under this section [and all investigation fees required under NRS 669.150 shall] must be paid into the state general fund . [in the state treasury.]
Sec. 7. Chapter 670 is hereby amended by adding thereto a new section which shall read as follows:
Except as otherwise provided in NRS 670.115, all money collected pursuant to the provisions of this chapter must be paid into the state general fund.
Sec. 8. NRS 670.115 is hereby amended to read as follows:
670.115 1. A development corporation shall obtain a license from the superintendent before conducting any business. The application for the license must be on a form [and be accompanied by a nonrefundable application fee of not more than $1,000] prescribed by the superintendent.
2. A nonrefundable fee of $1,000 for the application and survey must accompany the application. The applicant shall also pay such additional expenses incurred in the process of investigation as the superintendent deems necessary. In addition, a fee of not less than $100 nor more than $250, prorated on the basis of the licensing year as provided by the superintendent, must be paid at the time the application is submitted.
3. All money received by the superintendent pursuant to this section must be placed in the investigative fund created by section 1 of this act.
κ1983 Statutes of Nevada, Page 1319 (CHAPTER 490, SB 361)κ
Sec. 9. NRS 670.240 is hereby amended to read as follows:
670.240 1. Every corporation organized and engaged in business under the provisions of this chapter shall pay , on or before December 31 of each year, an annual state license fee of [$100.] $250.
2. The county and city wherein the corporation maintains a place of business may also levy a license fee which does not exceed $50.
Sec. 10. NRS 671.050 is hereby amended to read as follows:
671.050 1. Every application for a license required under this chapter must be in writing, signed by the applicant, and in the form prescribed by the superintendent.
2. The application must contain:
(a) The name and principal business address of the applicant and, if incorporated, the date and place of its incorporation;
(b) The name and address of each of the applicants branch offices, subsidiaries or affiliates, if any, which will be operated under the license;
(c) The name and addresses, business and residential, of the proprietor or partners of the applicant or, if the applicant is a corporation or association, of each of the directors, trustees and principal officers, and of any stockholder who owns 20 percent or more of the applicants stock; and
(d) Such other pertinent information as the superintendent requires.
3. The application must be accompanied by:
(a) A surety bond or securities as required by this chapter; and
(b) A certified financial statement, satisfactory to the superintendent, showing that the applicants net worth exceeds $100,000, unless the applicants surety bond or securities is in at least twice the minimum principal sum required by NRS 671.100; and
(c) A [license fee of $200 which is refundable if the application for the license is denied and an investigation fee of $100 which is nonrefundable.] nonrefundable fee of $250 for the application and survey. The applicant shall also pay such additional expenses incurred in the process of investigation as the superintendent deems necessary.
(d) A fee of not less than $100 nor more than $200, prorated on the basis of the licensing year as provided by the superintendent.
4. All money received by the superintendent pursuant to this section must be placed in the investigative fund created by section 1 of this act.
Sec. 11. NRS 671.060 is hereby amended to read as follows:
671.060 1. Upon the filing of the application, payment of the fees and approval of the surety bond or securities, the superintendent shall investigate the financial condition and responsibility, the financial and business experience, and the character and general fitness of the applicant and may investigate any partners, directors, trustees or principal officers of the applicant.
2. If the superintendent determines that the business of the applicant will be conducted lawfully, honestly, fairly and efficiently, the superintendent shall issue a license to the applicant to engage in the business of selling and issuing checks, receiving for transmission or transmitting money or credits, or both.
κ1983 Statutes of Nevada, Page 1320 (CHAPTER 490, SB 361)κ
[3. If the superintendent denies an application, he shall refund the amount of the application fee submitted by the applicant.]
Sec. 12. NRS 645B.050 is hereby amended to read as follows:
645B.050 1. A mortgage companys license expires June 30 next after the date of issuance if it is not renewed. A license may be renewed by filing an application for renewal and paying the annual fee for a license for the succeeding year. The application and payment must be received by the commissioner on or before June 30 next preceding the expiration date. If the application or payment is not received by June 30, the license is canceled. The commissioner may reinstate the license if the licensee pays the filing fee and a reinstatement fee of $200.
2. The commissioner shall require a licensee to deliver a financial statement prepared from his books and records by a public accountant who is certified or registered in this state. The financial statement must be dated not earlier than the close of the latest fiscal year of the company and must be submitted within 60 days thereafter.
3. The filing fees are:
(a) For filing an original application, $200 for the principal office and [$75] $40 for each branch office.
[(b) For filing an original application from April 1 to June 30, inclusive, $100 for the principal office of a mortgage company.
(c) For filing an application for a copy of any license, upon satisfactory showing of its loss, $10.
(d)] The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this paragraph must be placed in the investigative fund created by section 1 of this act.
(b) If the license is approved for issuance, $300 for the principal office and $60 for each branch office before issuance.
(c) For filing an application for renewal, $500.
(d) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.
4. Except as otherwise provided in this chapter, all fees received
under this chapter must be deposited in the state treasury for credit to the state general fund.
Sec. 13. NRS 649.125 is hereby amended to read as follows:
649.125 Upon receiving an application for a license and bond in proper form along with payment of the required [investigation] fee, the superintendent shall investigate all the facts stated in the application and the requirements of NRS 649.135.
Sec. 14. NRS 649.295 is hereby amended to read as follows:
649.295 1. A nonrefundable [investigation fee of $100] fee of $250 for the application and survey must accompany each new application for a collection agency license. The applicant shall also pay such additional expenses incurred in the process of investigation as the superintendent deems necessary.
κ1983 Statutes of Nevada, Page 1321 (CHAPTER 490, SB 361)κ
superintendent deems necessary. All money received by the superintendent pursuant to this subsection must be placed in the investigative fund created by section 1 of this act.
2. A fee of [$300 must be charged for each collection agency license issued and $150] not less than $100 nor more than $300, prorated on the basis of the licensing year as provided by the superintendent, must be charged for each original collection agency license issued. A fee of $200 must be charged for each annual renewal of such a license.
3. A fee of $10 must be charged for each duplicate or location transfer license issued.
4. A nonrefundable investigation fee of $75 must accompany each application for a managers certificate unless the applicant is the holder of or an applicant for a collection agency license.
5. A fee of $20 must be charged for each managers certificate issued and for each annual renewal of such a certificate.
6. A fee of $30 must be charged for the reinstatement of a managers certificate.
7. A fee of $5 must be charged for each day an application for the renewal of a license or certificate, or a required report, is filed late, unless the fee or portion thereof is excused by the superintendent for good cause shown.
8. For each examination the superintendent shall charge and collect from the licensee a reasonable fee for each man-hour expended in conducting the examination and in preparing and typing the report of the examination . [report, but the total fee must not exceed $800 for any regular examination or investigation unless some irregularity is disclosed during the course of the regular examination warranting special or additional investigation or examination. If such an irregularity is disclosed, the licensee shall pay for the additional investigation required by reason of the irregularity at a reasonable rate for each man-hour so required.]
9. [All] Except as otherwise provided in subsection 1, all money received by the superintendent under this chapter must be deposited in the state treasury for credit to [the appropriate account within] the state general fund . [, for use of the banking division to carry out the provisions of this chapter. At the end of each fiscal year, any remaining balance lapses within the state general fund.]
Sec. 15. NRS 673.060 is hereby amended to read as follows:
673.060 Except as otherwise provided in NRS 673.080, 673.112 and 673.595:
1. All fees, charges for expenses, assessments and other [moneys which are] money collected under the provisions of this chapter from foreign and domestic associations, companies and corporations governed by this chapter [shall] must be paid into the state general fund . [in the state treasury.]
2. The compensation provided for by this chapter and all expenses incurred under this chapter [shall] must be paid from the state general fund . [in the state treasury by direct legislative appropriation.]
κ1983 Statutes of Nevada, Page 1322 (CHAPTER 490, SB 361)κ
Sec. 16. NRS 673.080 is hereby amended to read as follows:
673.080 1. The secretary of state shall not issue any certificate to an association or company authorizing it to do business until the articles of association, agreement or incorporation are approved by the commissioner.
2. No amendment to the articles of the organization may be filed by the secretary of state without the written approval of the articles by the commissioner.
3. No association may sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its common or preferred stock until it has first applied for and secured from the commissioner approval of an application for permission to organize as provided for in this section.
4. (a) Persons who desire to organize an association under this chapter shall first execute in triplicate an application, in the form prescribed by the commissioner, for permission to organize an association before taking any other action in connection with the organization.
(b) Upon execution of an application for permission to organize by seven responsible citizens, referred to in this section as applicants, the original and two copies of the application must be submitted to the commissioner. The applicants shall submit with their application the names and addresses of the applicants, the location of the proposed office, an itemized account of the financial condition of the proposed association and of the applicants, the amount and character of the proposed stock, statements, exhibits, maps and such additional information as the commissioner may require, together with an affidavit that the representations made thereby are consistent with the facts to the best of the applicants information and belief. This data must be sufficiently detailed and comprehensive to enable the commissioner to pass upon the application as to:
(1) The character and responsibility of the applicants;
(2) The need for the association in the community to be served;
(3) The reasonable probability of its usefulness and success; and
(4) Whether or not such an association can be established without undue injury to any properly conducted existing savings and loan institutions.
(c) If the commissioner approves the application he shall, within 30 days, notify all associations within 100 miles of the community where the applicant intends to establish an association. Any association so notified may, within 20 days, protest in writing the granting of the application. Within 30 days after receipt by the commissioner of the written protest, the commissioner shall fix a date for a hearing upon the protest, and the hearing must be held not earlier than 30 days nor more than 60 days from the date of receipt of written notice by registered or certified mail by the parties.
(d) The commissioner shall approve or deny the application within 90 days from the date of the conclusion of the hearing and give all parties written notice of his decision on or before that date.
(e) If the commissioner approves the application, he shall establish as conditions to be met before the issuance of a charter requirements as to:
κ1983 Statutes of Nevada, Page 1323 (CHAPTER 490, SB 361)κ
as conditions to be met before the issuance of a charter requirements as to:
(1) The minimum number of shares of common or preferred stock to be subscribed to the associations permanent capital, of which at least 75 percent in number of stockholders and dollar amount of capital must be subscribed by bona fide residents of the State of Nevada;
(2) The minimum amount of paid-in surplus;
(3) The minimum amount of investment certificates to be paid into the associations savings accounts upon issuance of a charter to it; and
(4) Such other requirements as he deems necessary or desirable.
Approval of an application for permission to organize an association does not in any manner obligate the commissioner to issue a charter, except that when all requirements of this chapter and of the commissioner have been fulfilled, he shall issue a charter.
(f) The charter expires 180 days after issuance, unless, within that time, the association has obtained insurance of accounts from the Federal Savings and Loan Insurance Corporation. The commissioner may, for good cause, extend the time of the conditional expiration of the charter for an additional period or periods not exceeding 360 days in the aggregate.
5. An association shall not sell or issue any of its permanent stock until it has first applied for and secured from the commissioner a license authorizing it to operate as a savings and loan association under the laws of this state and until it has applied for and secured insurance of accounts under the rules and regulations of the Federal Savings and Loan Insurance Corporation. This insurance of accounts must be maintained at all times.
6. The commissioner may extend the time for any hearing provided for in this section, to the time agreed upon by the parties.
7. [Every application for permission to organize, as provided for in this section, must be accompanied by a fee of $500, which must be paid into the state general fund and no part of it may be refunded.] The filing fees are:
(a) For filing an original application, $2,000 for the principal office. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this paragraph must be placed in the investigative fund created by section 1 of this act.
(b) If the license is approved for issuance, $1,000 for the principal office before issuance.
8. The commissioner may impose conditions requiring the impoundment of proceeds from the sale of any stock, limiting the expense in connection with the sale of stock, and such other conditions as are reasonable and necessary or advisable to insure the disposition of the proceeds from the sale of the stock in the manner and for the purposes provided in the permission to organize.
9. Every permission to organize issued by the commissioner shall recite in bold type that its issuance is permissive only and does not constitute a recommendation or endorsement of the organization or of the stock permitted to be issued.
κ1983 Statutes of Nevada, Page 1324 (CHAPTER 490, SB 361)κ
10. Any corporation making application under this section or authorized to organize or authorized to establish a savings and loan association shall provide for a minimum par value of its permanent capital stock of at least $1 in its articles of incorporation. Per value of permanent capital stock may not be reduced below $1 without written permission of the commissioner.
11. The removal of the home office or of any branch office of an association to any other location from its then-existing location requires prior approval of the commissioner. An application seeking approval must be delivered to the commissioner, together with a fee to cover expenses attendant upon the investigation required for the approval, which must be in an amount, not less than $100 , [nor more than $250,] to be determined by the commissioner. All money received by the commissioner pursuant to this subsection must be placed in the investigative fund created by section 1 of this act.
12. An association shall not pay any commissions or other compensation for the subscription to or sale of the original issue of its stock.
Sec. 17. NRS 673.112 is hereby amended to read as follows:
673.112 1. A branch office is a legally established place of business of an association, other than the home office, which is authorized by the board of directors and approved by the commissioner and at which any of the associations business may be conducted.
2. All branch offices are subject to direction from the home office.
3. No association may establish or maintain a branch office without prior written approval of the commissioner. Each application for approval of the establishment and maintenance of a branch office must:
(a) State the proposed location thereof, the need therefor, the functions to be performed therein, the estimated annual expense thereof and the mode of payment therefor.
(b) [Be accompanied by a fee of $250, no part of which may be refunded.
(c)] Be accompanied by a budget of the association for the current semiannual period and for the next succeeding semiannual period, which reflects the estimated additional expense of the maintenance of such branch office.
4. After receipt of an application the commissioner shall determine:
(a) Whether the establishment and maintenance of the branch office will unduly injure any properly conducted existing association in the community where the branch office is proposed to be established or in any neighboring community; and
(b) Whether or not the establishment and maintenance of the branch office will serve the public interest.
5. Before issuance of a charter for a branch office, the commissioner shall notify all associations doing business within a radius of 100 miles of the principal place of business of the applicant, and within a radius of 100 miles of the proposed branch office. Any association so notified may, within 20 days, protest in writing the granting of the application.
κ1983 Statutes of Nevada, Page 1325 (CHAPTER 490, SB 361)κ
application. Within 30 days after receipt by the commissioner of such a written protest, the commissioner shall fix a date for a hearing upon the protest. The hearing must be held not earlier than 60 days nor more than 90 days after the date of receipt of written notice by registered or certified mail by the parties.
6. If the commissioner finds that no undue injury is likely to result, that the establishment and maintenance of such branch office is advisable and will serve the public interest, he may approve the application.
7. Approval of an associations application for a branch office charter permits the association to establish an operating office in a temporary or a permanent building, if the building is placed on or erected at the approved location within 12 months after the approval.
8. For good cause and after notice to the association, the commissioner may revoke his approval for the maintenance of a branch office. Failure to establish a branch office in the manner and within the time permitted under this section constitutes a good cause for revocation, unless a prior, written request for a waiver of the time limitation is sought by the association and an extension, in writing, is granted by the commissioner.
9. An association which maintains one or more branch offices shall give each branch office a specific designation by name and include in the designation the word branch and shall prominently display the designation at the place of business of the branch. When an association is operating a branch office, all advertising of or by any such branch office must state clearly the location of the principal office of the association.
10. The filing fees are:
(a) For filing an original application, $200 for each branch office. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this subsection must be placed in the investigative fund created by section 1 of this act.
(b) If the license is approved for issuance, $100 for each branch office before issuance.
Sec. 18. NRS 673.595 is hereby amended to read as follows:
673.595 1. Every foreign association which desires to do any business or maintain an office of the kind provided for in this chapter must apply to the commissioner for a license to transact that business or maintain that office in this state.
2. [Every applicant for a license shall pay a fee of $250.] The filing fees are:
(a) For filing an original application, $300 for each office. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this paragraph must be placed in the investigative fund created by section 1 of this act.
(b) If the license is approved for issuance, $200 for each office.
(c) For each licensed foreign association, an annual renewal fee of $400.
3. The commissioner shall issue a license to an applicant if he is satisfied that the issuance of the license is consistent with the purpose of this chapter.
κ1983 Statutes of Nevada, Page 1326 (CHAPTER 490, SB 361)κ
satisfied that the issuance of the license is consistent with the purpose of this chapter. The commissioner may revoke any such license when he is satisfied that the licensed activity or any part of it is not consistent with the purposes of this chapter. [Every licensed foreign association shall pay an annual fee of $200.
3.] 4. At the time of making an application, every foreign association shall provide written consent to whatever examination or investigation the commissioner may desire to make during the license period. The commissioner shall charge the foreign association $30 per hour for the time spent on the examination or investigation by state examiners.
[4.] 5. The provisions of chapter 80 of NRS apply to all foreign associations licensed under the provisions of this section. For the purposes of this section, activities conducted by any foreign association, which are limited to any one or more of those enumerated in NRS 80.240, do not constitute doing business or require that the association be licensed.
Sec. 19. NRS 675.100 is hereby amended to read as follows:
675.100 1. At the time of making the application, the applicant shall pay to the superintendent [$100 as a fee for investigating the application, and $500 as a license fee when granted for the period ending on the last day of the current calendar year.
2. If the license is granted after June 30 in any year the license fee is $100.] a nonrefundable fee of $500 for the application and survey. The applicant shall also pay such additional expenses incurred in the process of investigation as the superintendent deems necessary. In addition, a fee of not less than $100 nor more than $500, prorated on the basis of the licensing year as provided by the superintendent, must be paid at the time of making the application.
2. All money received by the superintendent pursuant to this section must be placed in the investigative fund created by section 1 of this act.
Sec. 20. NRS 675.150 is hereby amended to read as follows:
675.150 1. If the superintendent finds that any applicant does not possess the requirements specified in this chapter, he shall enter an order denying the application and forthwith notify the applicant of the denial . [, returning the license fee but retaining the investigation fee.]
2. Within 10 days after the entry of such an order, he shall file his findings and a summary of the evidence supporting them and shall forthwith deliver a copy thereof to the applicant.
Sec. 21. NRS 675.160 is hereby amended to read as follows:
675.160 [All] Except as otherwise provided in NRS 675.100, all fees and charges collected under the provisions of this chapter [shall] must be paid into the state general fund , [of the state treasury,] and the state treasurer [is hereby required to] shall issue his receipt therefor.
Sec. 22. NRS 676.130 is hereby amended to read as follows:
676.130 At the time of making the application, the applicant shall:
1. Pay to the superintendent [$100 as a fee for investigation of the application and $200 as a license fee for each office, which satisfies the fee requirement for the period ending on the last day of the current calendar year.]
κ1983 Statutes of Nevada, Page 1327 (CHAPTER 490, SB 361)κ
application and $200 as a license fee for each office, which satisfies the fee requirement for the period ending on the last day of the current calendar year.] a nonrefundable fee of $250 for the application and survey. The applicant shall also pay such additional expenses incurred in the process of investigation as the superintendent deems necessary. In addition, a fee of not less than $100 nor more than $200, prorated on the basis of the licensing year as provided by the superintendent, must be paid at the time of making the application. All money received by the superintendent pursuant to this subsection must be placed in the investigative fund created by section 1 of this act.
2. Furnish and maintain in effect a satisfactory bond to the State of Nevada, duly executed by an admitted surety company approved by the superintendent, in the amount of $10,000, or an appropriate substitute pursuant to NRS 676.135, conditioned upon the faithful accounting of all money collected upon accounts and entrusted to the licensee, or its employees or agents.
3. Provide a blank copy of the debt-adjustment contract which will be used by the licensee in its business.
Sec. 23. NRS 676.170 is hereby amended to read as follows:
676.170 [All] Except as otherwise provided in NRS 676.130, all fees and charges collected under the provisions of this chapter [shall] must be paid into the state general fund . [in the state treasury.]
Sec. 24. NRS 676.270 is hereby amended to read as follows:
676.270 1. For the purpose of discovering violations of this chapter or of securing information lawfully required under this chapter, the superintendent or his duly authorized representative may at any time and shall, at least once each year, investigate the business and examine the books, accounts, papers and records of any licensee.
2. For the purpose of examination the superintendent or his duly authorized representatives must be allowed free access to the offices, files, safes and vaults of such licensees.
3. For each examination the superintendent shall charge and collect from the licensee a reasonable fee for each man-hour expended in conducting the examination and in preparing and typing the examination report . [, but the total fee must not exceed $800 for any regular examination or investigation unless some irregularity is disclosed during the course of such regular examination warranting special or additional investigation or examination. If such an irregularity is disclosed, the licensee shall pay for the additional investigation required by reason of the irregularity at a reasonable rate for each man-hour so required.]
Sec. 25. NRS 677.160 is hereby amended to read as follows:
677.160 1. The request for authority to engage in business under this chapter [shall] must be set forth in an application in such form and containing such information as the director may require . [and shall be accompanied by a filing fee of $250.]
2. The filing fees are:
(a) For filing an original application, $1,000 for the principal office and $150 for each branch office. The applicant shall also pay such additional expenses incurred in the process of investigation as the director deems necessary. All money received by the director pursuant to this paragraph must be placed in the investigative fund created by section 1 of this act.
κ1983 Statutes of Nevada, Page 1328 (CHAPTER 490, SB 361)κ
to this paragraph must be placed in the investigative fund created by section 1 of this act.
(b) If the license is approved for issuance, $500 for the principal office and $100 for each branch office before issuance.
Sec. 26. NRS 677.360 is hereby amended to read as follows:
677.360 [1. Each applicant shall pay, in addition to the application fee, a license fee of $250 if the license is granted after June 30 or a license fee of $500 if the license is granted before July 1.
2.] On or before December 20 of each year, each licensee shall pay to the director the sum of $500 for each license held by him as a license fee for the succeeding calendar year.
Sec. 27. NRS 677.390 is hereby amended to read as follows:
677.390 [All] Except as otherwise provided in NRS 677.160, all fees and charges collected under the provisions of this chapter [shall] must be deposited in the state treasury to the credit of the appropriate account within the state general fund for the use of the department of commerce. At the end of a fiscal year the unused balance of any amounts collected pursuant to this chapter [shall] does not revert to the state general fund.
Sec. 28. NRS 678.260 is hereby amended to read as follows:
678.260 The commissioner shall:
1. Adopt a regulation establishing the minimum surety bond coverage required of credit unions in relation to the amount of property under their control.
2. Maintain the original application of every credit union in a permanent file.
3. Maintain for at least 6 years, every report filed by a credit union with the division.
4. [Deposit] Except as otherwise provided in NRS 678.800 and 678.810, deposit all fees, charges for expenses, assessments and other [moneys which are] money collected pursuant to the provisions of this chapter or any regulation promulgated thereunder, in the state treasury to the credit of the appropriate account within the state general fund for the use of the department of commerce. At the end of a fiscal year the unused balance of any amounts collected pursuant to this chapter [shall] does not revert to the state general fund.
5. Prepare copies of articles of incorporation and bylaws consistent with the provisions of this chapter which may be used by persons interested in organizing a credit union.
Sec. 29. NRS 678.780 is hereby amended to read as follows:
678.780 [1.] Every credit union organized under this chapter shall submit an annual financial report for the calendar year to the commissioner on or before the 1st day of February on forms supplied by him for that purpose.
[2. Any credit union that does not submit such report within 15 days after the due date is subject to a penalty of $5 for each day the report remains delinquent, which the commissioner may forgive for good cause shown.]
κ1983 Statutes of Nevada, Page 1329 (CHAPTER 490, SB 361)κ
Sec. 30. NRS 678.800 is hereby amended to read as follows:
678.800 1. Any credit union may, with the approval of the commissioner, merge with another credit union under the existing charter of the other credit union, pursuant to any plan agreed upon by the majority of the board of each credit union joining in the merger and approved by the affirmative vote of a majority of the members of each credit union present at meetings called for such purpose.
2. After agreement by the directors and approval by the members of each credit union, the chairman and secretary of each credit union shall execute a certificate of merger, which [shall] must set forth:
(a) The time and place of the meeting of the board of directors at which the plan was agreed upon . [;]
(b) The vote in favor of adoption of the plan . [;]
(c) A copy of the resolution or other action by which the plan was agreed upon . [;]
(d) The time and place of the meeting of the members at which the plan agreed upon was approved . [; and]
(e) The vote by which the plan was approved by the members.
3. A copy of each of the certificates executed pursuant to subsection 2 and a copy of the plan of merger agreed upon by the merging credit unions [shall] must be forwarded to the division for certification and returned to the merging credit unions within 30 days.
4. After a merger is effected, all property, property rights and interest of the merged credit union shall vest in the surviving credit union without deed, endorsement or other instrument of transfer, and all debts, obligations and liabilities of the merged credit union shall be deemed to have been assumed by the surviving credit union under whose charter the merger was effected.
5. If the surviving credit union is to be a credit union chartered under the laws of this state, the application for approval of the merger must be accompanied by an application fee in an amount prescribed by regulation of the commissioner. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this subsection must be placed in the investigative fund created by section 1 of this act.
6. This section is to be liberally construed to permit a credit union chartered under this chapter to merge with a credit union chartered under any other provisions of law.
Sec. 31. NRS 678.810 is hereby amended to read as follows:
678.810 1. A credit union chartered under the laws of this state may be converted to a credit union chartered under the laws of any other state or under the laws of the United States, subject to regulations adopted by the commissioner.
2. A credit union chartered under the laws of the United States or of any other state may convert to a credit union chartered under the laws of this state. To effect such a conversion, a credit union must comply with all the requirements of the authority under which it was originally chartered and the requirements of the commissioner and file proof of such compliance with the commissioner.
κ1983 Statutes of Nevada, Page 1330 (CHAPTER 490, SB 361)κ
3. Every application for permission to convert to a credit union chartered under the laws of this state must be accompanied by an application fee in an amount prescribed by regulation of the commissioner. The applicant shall also pay such additional expenses incurred in the process of investigation as the commissioner deems necessary. All money received by the commissioner pursuant to this subsection must be placed in the investigative fund created by section 1 of this act.
Sec. 32. NRS 675.145, 677.260 and 677.280 are hereby repealed.
Sec. 33. Sections 12 and 16 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
Senate Bill No. 404Committee on Judiciary
CHAPTER 491
AN ACT relating to victims of crimes; requiring notice to victims of an application for parole or clemency or a grant of clemency if requested; authorizing a victim to respond to an application for parole or clemency; and providing other matters properly relating thereto.
[Approved May 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. As used in NRS 213.010 to 213.100, inclusive, and section 3 of this act, unless the context otherwise requires:
1. Board means the state board of pardons commissioners.
2. Victim includes:
(a) A person against whom a crime has been committed;
(b) A person who has been injured or killed as a direct result of the commission of a crime; or
(c) The surviving spouse, parents or children of such a person.
Sec. 3. If the board remits a fine or forfeiture, commutes a sentence or grants a pardon, it shall give written notice of its action to the victim of the person granted clemency, if the victim so requests in writing and provides his current address. If a current address is not provided, the board may not be held responsible if the notice is not received by the victim.
Sec. 4. NRS 213.010 is hereby amended to read as follows:
213.010 1. The state board of pardons commissioners consists of the governor, the justices of the supreme court and the attorney general.
2. [As used in NRS 213.010 to 213.100, inclusive, board means the state board of pardons commissioners.
κ1983 Statutes of Nevada, Page 1331 (CHAPTER 491, SB 404)κ
3.] Meetings of the board for the purpose of considering applications for clemency [shall] must be held semiannually or oftener, on such [date] dates as may be fixed by the board.
3. The board shall give written notice at least 15 days before a meeting to each victim of the crimes committed by each person whose application for clemency will be considered at the meeting, if the victim so requests in writing and provides his current address. If a current address is not provided, the board may not be held responsible if the notice is not received by the victim. The victim may submit a written response to the board at any time before the meeting.
Sec. 5. NRS 213.020 is hereby amended to read as follows:
213.020 1. Any person intending to apply to have a fine or forfeiture remitted, or a punishment commuted, or a pardon granted, or someone in his behalf, shall make out [quadruplicate copies of notices] a notice and four copies in writing of [such] the application, specifying therein:
(a) The court in which the judgment was rendered [.] ;
(b) The amount of the fine or forfeiture, or kind or character of punishment [.] ;
(c) The name of the person in whose favor the application is to be made [.] ;
(d) The particular grounds upon which the application will be based [.] ; and
(e) The time when it will be presented.
2. [One] Two of the copies [shall] must be served upon the district attorney and one upon the district judge of the county wherein the conviction was had. The [triplicate copy shall] fourth copy must be served upon the director of the department of prisons and the original [copy shall] must be filed with the clerk of the board. In cases of fines and forfeitures a similar notice [shall] must also be served on the chairman of the board of county commissioners of the county wherein the conviction was had.
3. The notice [shall] must be served, as [herein provided,] provided in this section, at least 30 days [prior to] before the presentation of the application, unless a member of the board, for good cause, prescribes a shorter time.
Sec. 6. NRS 213.040 is hereby amended to read as follows:
213.040 All district attorneys receiving notice of an application for a pardon, or communication of punishment, or remission of fine or forfeiture, shall transmit forthwith to [the] :
1. The board a statement in writing of facts surrounding the commission of the offense for which the applicant is incarcerated or subject to penalty and any information affecting the merits of [such] the application.
2. Each victim of the person applying for clemency a copy of the notice of the application, if the victim so requests in writing and provides his current address. If a current address is not provided, the district attorney may not be held responsible if a copy of the notice is not received by the victim.
κ1983 Statutes of Nevada, Page 1332 (CHAPTER 491, SB 404)κ
Sec. 7. NRS 213.130 is hereby amended to read as follows:
213.130 1. A prisoner sentenced to imprisonment in the state prison may apply to the board for parole. Such applications [shall] must be made on forms prescribed by the board from time to time and [shall] must contain such data as will assist the board in determining whether parole should be granted. The secretary of the board shall furnish any prisoner an application form upon request.
2. Meetings for the purpose of considering applications for parole [shall] must be held semiannually or more often, on such dates as may be fixed by the board. All meetings must be open to the public.
3. The victim of any person applying for parole may submit documents to the board and may testify at the meeting held to consider the application. No application for parole may be considered until the board has notified the victim of his rights pursuant to this subsection and he is given the opportunity to exercise those rights, if he so requests in writing and provides his current address. If a current address is not provided, the board may not be held responsible if such notification is not received by the victim.
4. The board may deliberate in private after a public meeting held to consider an application for parole.
5. The board of state prison commissioners shall provide suitable and convenient rooms or space for use of the board.
6. For the purposes of this section, victim has the meaning ascribed to it in section 2 of this act.
________
Senate Bill No. 445Committee on Judiciary
CHAPTER 492
AN ACT relating to gaming; increasing fees for issuance or renewal of licenses for manufacturers, sellers and distributors of gaming devices; increasing certain license fees for a restricted operation; imposing an added fee for licensing operators of slot machine routes; and providing other matters properly relating thereto.
[Approved May 25, 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, 3 and 4 of this act.
Sec. 2. Operator of a slot machine route means a person who is engaged in the business of placing slot machines upon the business premises of another under any agreement whereby consideration is paid or payable for the placement of those slot machines, whether the consideration is measured by a percentage of revenue derived from the machines or by a fixed fee or otherwise.
Sec. 3. 1. In addition to any other state license fees imposed by this chapter, the commission shall, before issuing a state gaming license to an operator of a slot machine route, charge and collect from him an annual license fee of $500.
κ1983 Statutes of Nevada, Page 1333 (CHAPTER 492, SB 445)κ
to an operator of a slot machine route, charge and collect from him an annual license fee of $500.
2. Each such license must be issued for a calendar year beginning January 1 and ending December 31. If the operation of the licensee is continuing, the commission shall charge and collect the fee on or before December 31 for the ensuing calendar year.
3. Except as provided in NRS 463.386, the fee to be charged and collected under this section is the full annual fee, without regard to the date of application for or issuance of the license.
Sec. 4. The commission shall, from time to time, adopt, amend or repeal such regulations, consistent with the policy, objects and purposes of this chapter as it may deem necessary or desirable in the public interest governing the operation of slot machine routes, the licensing of their operators and the reports appropriate to such an operation.
Sec. 5. NRS 463.013 is hereby amended to read as follows:
463.013 As used in this chapter, the words and terms defined in NRS 463.0134 to 463.0197, inclusive, and section 2 of this act, unless the context otherwise requires, have the meanings ascribed to them in those sections.
Sec. 5.5 Section 2 of chapter 247, Statutes of Nevada 1983, is hereby amended to read as follows:
Sec. 2. NRS 463.013 is hereby amended to read as follows:
463.013 As used in this chapter, the words and terms defined in NRS 463.0134 to 463.0197, inclusive, section 2 of [this act] Senate Bill No. 445 of this session, and section 1 of this act, unless the context otherwise requires, have the meanings ascribed to them in those sections.
Sec. 6. NRS 463.270 is hereby amended to read as follows:
463.270 1. Subject to the power of the commission to deny, revoke, suspend, condition or limit licenses, any state license in force may be renewed by the commission for the next succeeding license period upon proper application for renewal and payment of state license fees and taxes as required by law and the regulations of the commission.
2. All state gaming licenses are subject to renewal on the 1st day of each January and all quarterly state gaming licenses on the 1st day of each calendar quarter thereafter.
3. Application for renewal must be filed with the commission and all state license fees and taxes required by law, including without limitation NRS 463.370, 463.373 to 463.385, inclusive, 463.401, 463.660 and 464.040 [,] and section 3 of this act, must be paid to the commission on or before the dates respectively provided by law for each fee or tax.
4. Application for renewal of licenses for slot machines only must be made by the operators of the locations where such machines are situated.
5. Any person failing to pay any state license fees or taxes due at the times respectively provided shall pay in addition to such license fees or taxes a penalty of not less than $50 or 25 percent of the amount due, whichever is the greater, but in no case in excess of $1,000. The penalty must be collected as are other charges, license fees and penalties under this chapter.
κ1983 Statutes of Nevada, Page 1334 (CHAPTER 492, SB 445)κ
penalty must be collected as are other charges, license fees and penalties under this chapter.
6. Upon renewal of any state license, the commission shall issue an appropriate renewal certificate or validating device or sticker, which must be attached to each state gaming license so renewed.
7. Any person who operates, carries on or exposes for play any gambling game, gaming device or slot machine or who manufactures, sells or distributes any gaming device, equipment, material or machine used in gaming, after his license becomes subject to renewal, and thereafter fails to apply for renewal as provided in this section, is guilty of a misdemeanor and, in addition to the penalties provided by law, is liable to the State of Nevada for all license fees, taxes and penalties which would have been due upon application for renewal.
8. If any licensee or other person fails to renew his license as provided in this section the commission may order the immediate closure of all his gaming activity [of the licensee] until the license is renewed by the payment of the necessary fees, taxes, interest and any penalties. Except for a license for which fees are based on the gross revenue of the licensee, failure to renew a license within 30 days after the date required by this chapter shall be deemed a surrender of the license.
Sec. 7. Section 2 of chapter 60, Statutes of Nevada 1983, is hereby amended to read as follows:
Sec. 2. NRS 463.270 is hereby amended to read as follows:
463.270 1. Subject to the power of the commission to deny, revoke, suspend, condition or limit licenses, any state license in force may be renewed by the commission for the next succeeding license period upon proper application for renewal and payment of state license fees and taxes as required by law and the regulations of the commission.
2. All state gaming licenses are subject to renewal on the 1st day of each January and all quarterly state gaming licenses on the 1st day of each calendar quarter thereafter.
3. Application for renewal must be filed with the commission and all state license fees and taxes required by law, including without limitation NRS 463.370, 463.373 to 463.385, inclusive, 463.401, 463.660 and 464.040, and section 3 of this act, must be paid to the commission on or before the dates respectively provided by law for each fee or tax.
4. Application for renewal of licenses for slot machines only must be made by the operators of the locations where such machines are situated.
5. Any person failing to pay any state license fees or taxes due at the times respectively provided shall pay in addition to such license fees or taxes a penalty of not less than $50 or 25 percent of the amount due, whichever is the greater, but in no case in excess of $1,000. The penalty must be collected as are other charges, license fees and penalties under this chapter.
6. Upon renewal of any state license, the commission shall issue an appropriate renewal certificate or validating device or sticker, which must be attached to each state gaming license so renewed.
κ1983 Statutes of Nevada, Page 1335 (CHAPTER 492, SB 445)κ
sticker, which must be attached to each state gaming license so renewed.
7. Any person who operates, carries on or exposes for play any gambling game, gaming device or slot machine or who manufactures, sells or distributes any gaming device, equipment, material or machine used in gaming, after his license becomes subject to renewal, and thereafter fails to apply for renewal as provided in this section, is guilty of a misdemeanor and, in addition to the penalties provided by law, is liable to the State of Nevada for all license fees, taxes and penalties which would have been due upon application for renewal.
8. If any licensee or other person fails to renew his license as provided in this section the commission may order the immediate closure of all his gaming activity until the license is renewed by the payment of the necessary fees, taxes, interest and any penalties. [Except for a license for which fees are based on the gross revenue of the licensee, failure] Failure to renew a license within 30 days after the date required by this chapter shall be deemed a surrender of the license.
Sec. 8. NRS 463.320 is hereby amended to read as follows:
463.320 1. All gaming license fees imposed by the provisions of NRS 463.370, 463.373, 463.375, 463.380 , [and] 463.383 and section 3 of this act must be collected and disposed of as provided in this section.
2. All state gaming license fees and penalties must be collected by the commission and paid over immediately to the state treasurer to be disposed of as follows:
(a) All state gaming license fees and penalties other than the license fees imposed by the provisions of NRS 463.380 must be deposited for credit to the state general fund.
(b) All state gaming license fees imposed by the provisions of NRS 463.380 must, after deduction of costs of administration and collection, be divided equally among the various counties and transmitted to the respective county treasurers. Such fees, except as otherwise provided in this section, must be deposited by the county treasurer in the county general fund and be expended for county purposes. If the board of county commissioners desires to apportion and allocate all or a portion of such fees to one or more cities or towns within the county, the board of county commissioners shall, annually, before the preparation of the city or town budget or budgets as required by chapter 354 of NRS, adopt a resolution so apportioning and allocating a percentage of such fees anticipated to be received during the coming fiscal year to such city or cities or town or towns for the next fiscal year commencing July 1. After the adoption of the resolution the percentage so apportioned and allocated must be converted to a dollar figure and included in city or town budget or budgets as an estimated receipt for the next fiscal year. Quarterly upon receipt of the money from the state, the county treasurer shall deposit an amount of money equal to the percentage so apportioned and allocated to the credit of the city or town fund to be used for city or town purposes, and the balance remaining must be deposited in the county general fund and must be expended for county purposes.
κ1983 Statutes of Nevada, Page 1336 (CHAPTER 492, SB 445)κ
balance remaining must be deposited in the county general fund and must be expended for county purposes.
Sec. 9. NRS 463.372 is hereby amended to read as follows:
463.372 For purposes of administering the quarterly state license fee imposed by NRS 463.373, the annual state license [fee] fees imposed by NRS 463.375 [,] and section 3 of this act, and the annual tax imposed by NRS 463.385, the commission shall prescribe by regulation the manner of counting slot machines whose operations are related to one another.
Sec. 10. NRS 463.373 is hereby amended to read as follows:
463.373 1. Before issuing a state gaming license to an applicant for a restricted operation, the commission shall charge and collect from [the applicant a license fee of $35] him for each slot machine for each quarter year [.] :
(a) A license fee of $35 if he will have at least one but not more than five slot machines.
(b) A license fee of $55 if he will have at least six but not more than 15 slot machines.
2. The commission shall charge and collect the fee prescribed in subsection 1:
(a) On or before the last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional slot machines into play during a calendar quarter.
3. Except as provided in NRS 463.386, no proration of the fee prescribed in subsection 1 may be allowed for any reason.
4. The operator of the location where slot machines are situated shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in that location, whether the machines are owned by one or more licensee-owners.
Sec. 11. NRS 463.373 is hereby amended to read as follows:
463.373 1. Before issuing a state gaming license to an applicant for a restricted operation, the commission shall charge and collect from him a license fee of $25 for each slot machine for each quarter year . [:
(a) A license fee of $35 if he will have at least one but not more than five slot machines.
(b) A license fee of $55 if he will have at least six but not more than 15 slot machines.]
2. The commission shall charge and collect the fee prescribed in subsection 1:
(a) On or before the last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional slot machines into play during a calendar quarter.
3. Except as provided in NRS 463.386, no proration of the fee prescribed in subsection 1 may be allowed for any reason.
4. The operator of the location where slot machines are situated shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in that location, whether the machines are owned by one or more licensee-owners.
κ1983 Statutes of Nevada, Page 1337 (CHAPTER 492, SB 445)κ
shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in that location, whether the machines are owned by one or more licensee-owners.
Sec. 12. NRS 463.386 is hereby amended to read as follows:
463.386 1. If the commission approves the issuance of a license [,] for gaming operations at the same location, or locations if the license is for the operation of a slot machine route, within 30 days following a change described in subsection 2, for the purposes of NRS 463.370 and 463.373 to 463.385, inclusive, and section 3 of this act, the gaming license shall be deemed transferred and the previously licensed operation shall be deemed a continuing operation.
2. Credit must be granted for prepaid license fees as described in subsection 1 if:
(a) The securities of a corporate gaming licensee are or become publicly held or publicly traded and the gaming operations of that corporation are transferred to a wholly owned subsidiary corporation;
(b) A corporate gaming licensee is merged with another corporation which is the surviving entity and at least 80 percent of the surviving entity is owned by shareholders of the former licensee;
(c) A corporate gaming licensee is dissolved, and the parent corporation of the dissolved corporation or a subsidiary corporation of the parent corporation, at least 80 percent of which is owned by the parent corporation, becomes the gaming licensee;
(d) A corporate gaming licensee or a gaming licensee which is a partnership is reorganized pursuant to a plan of reorganization approved by the commission, and a limited partnership is the surviving entity;
(e) The assets of a gaming licensee who is a sole proprietorship are transferred to a corporation and at least 80 percent of the stock of the corporation is held by the former sole proprietor;
(f) A corporate gaming licensee is dissolved and the assets of the gaming establishment are transferred to a sole proprietorship in which the sole proprietor owned at least 80 percent of the stock of the former corporation;
(g) Where a licensed gaming partnership is dissolved and the assets of the gaming establishment are transferred to a sole proprietorship in which the sole proprietor owned at least 80 percent of the former partnership interests; or
(h) Where the assets of a gaming licensee who is a sole proprietorship are transferred to a partnership in which 80 percent of the ownership of the partnership interests are held by the former sole proprietor.
3. Except as provided in this section, no credit or refund of fees or taxes may be made because a gaming establishment ceases operation.
Sec. 13. NRS 463.400 is hereby amended to read as follows:
463.400 Any person who willfully fails to report, pay or truthfully account for and pay over the license fees imposed by NRS 463.370, 463.373 to 463.385, inclusive, [and] 463.390 [,] and section 3 of this act, or willfully attempts in any manner to evade or defeat any such tax or payment thereof, or any licensee who puts additional games into play without authority of the commission to do so or any licensee who fails to remit any license fee provided for by this chapter when due is in addition to the amount due liable for a penalty of the amount of the license fee evaded or not paid, collected or paid over.
κ1983 Statutes of Nevada, Page 1338 (CHAPTER 492, SB 445)κ
in addition to the amount due liable for a penalty of the amount of the license fee evaded or not paid, collected or paid over. The penalty must be assessed and collected in the same manner as are other charges, license fees and penalties under this chapter.
Sec. 14. NRS 463.660 is hereby amended to read as follows:
463.660 1. The commission shall charge and collect from each applicant a fee of:
(a) For the issuance or renewal of a manufacturers license, [$500.] $1,000.
(b) For the issuance or renewal of a sellers or distributors license, [$200.] $500.
2. All licenses [shall] must be issued for the calendar year and [shall] expire on December 31. Regardless of the date of application or issuance of the license, the fee to be charged and collected under this section [shall be] is the full annual fee.
3. All license fees collected pursuant to this section [shall] must be paid over immediately to the state treasurer to be deposited to the credit of the state general fund.
Sec. 15. Section 1 of chapter 122, Statutes of Nevada 1983, is hereby amended to read as follows:
Section 1. Section 8 of chapter 310, Statutes of Nevada 1981, at page 572, is hereby amended to read as follows:
Sec. 8. 1. Section 1 of this act shall become effective upon passage and approval.
2. Sections 3 [, 5] and 7 of this act shall become effective on July 1, 1985.
Sec. 16. Section 5 of chapter 310, Statutes of Nevada 1981, at page 571, is hereby repealed.
Sec. 17. 1. This section and sections 5.5, 15 and 16 of this act shall become effective on July 1, 1983.
2. Sections 1 to 5, inclusive, and 6 to 9, inclusive, 12, 13 and 14 of this act shall become effective on January 1, 1984.
3. Section 11 of this act shall become effective on July 1, 1985.
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Assembly Bill No. 616Assemblyman Beyer
CHAPTER 493
AN ACT relating to descriptions of land; revising the systems of coordinates used in describing land; and providing other matters properly relating thereto.
[Approved May 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 327 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. On and after publication of the North American datum of 1983 by the National Geodetic Survey of the National Oceanic and Atmospheric Administration, or the federal agency which succeeds it, the Nevada coordinate system of 1983, which is a transverse Mercator projection of the North American datum of 1983, is the sole coordinate system in Nevada for describing land.
κ1983 Statutes of Nevada, Page 1339 (CHAPTER 493, AB 616)κ
by the National Geodetic Survey of the National Oceanic and Atmospheric Administration, or the federal agency which succeeds it, the Nevada coordinate system of 1983, which is a transverse Mercator projection of the North American datum of 1983, is the sole coordinate system in Nevada for describing land.
2. On and after that date of publication, the Nevada coordinate system of 1927 may be used only for purposes of reference.
Sec. 2. NRS 327.010 is hereby amended to read as follows:
327.010 1. The system of plane coordinates which has been established [by the United States Coast and Geodetic Survey] for defining and stating the positions or locations of points on the surface of the earth within the State of Nevada [is hereafter to be known and] :
(a) By the United States Coast and Geodetic Survey is designated as the Nevada coordinate system [.] of 1927.
(b) By the National Geodetic Survey of the National Oceanic and Atmospheric Administration, or the federal agency which succeeds it, is designated as the Nevada coordinate system of 1983.
2. For the purpose of the use of [this system] these systems the state is divided into an east zone, a central zone, and a west zone.
[3.] The area now included in [the following counties shall constitute the east zone:] :
(a) Clark, Elko, Eureka, Lincoln and White Pine [.
4. The area now included in the following counties shall constitute the central zone:] counties constitutes the east zone.
(b) Lander and Nye [.
5. The area now included in] counties constitutes the central zone.
(c) Carson City and [the following counties shall constitute the west zone:] Churchill, Douglas, Esmeralda, Humboldt, Lyon, Mineral, Pershing, Storey and Washoe [.] counties constitutes the west zone.
Sec. 3. NRS 327.020 is hereby amended to read as follows:
327.020 1. As established for use in the east zone, the Nevada coordinate system [shall] of 1927 or the Nevada coordinate system of 1983 must be named, and in any land description in which it is used it [shall] must be designated, the Nevada Coordinate System [,] of 1927, East [Zone.] Zone or the Nevada Coordinate System of 1983, East Zone.
2. As established for use in the central zone, the Nevada coordinate system [shall] of 1927, or the Nevada coordinate system of 1983 must be named, and in any land description in which it is used it [shall] must be designated, the Nevada Coordinate System [,] of 1927, Central [Zone.] Zone or the Nevada Coordinate System of 1983, Central Zone.
3. As established for use in the west zone, the Nevada coordinate system [shall] of 1927 or the Nevada coordinate system of 1983 must be named, and in any land description in which it is used [shall] it must be designated, the Nevada Coordinate System [.] of 1927, West [Zone.] Zone or the Nevada Coordinate System of 1983, West Zone.
κ1983 Statutes of Nevada, Page 1340 (CHAPTER 493, AB 616)κ
Sec. 4. NRS 327.030 is hereby amended to read as follows:
327.030 1. The plane coordinates of a point on the earths surface, to be used in expressing the [position or] location of [such] the point in the appropriate zone [of this system, shall] , must consist of two distances, expressed in [feet] :
(a) Feet and decimals of a foot [.] under the Nevada coordinate system of 1927; or
(b) Meters and decimals of a meter under the Nevada coordinate system of 1983.
One of these distances, to be known as the x-coordinate, [shall] must give the position in an east-and-west direction; the other, to be known as the y-coordinate, [shall] must give the position in a north-and-south direction.
2. These coordinates [shall] must be made to [depend upon and] conform to the [coordinates, on the Nevada coordinate system, of the triangulation and traverse stations of the United States Coast and Geodetic Survey within the State of Nevada, as those coordinates have been determined by the survey.] values of the plane rectangular coordinates for the monumented stations which are shown in the North American Horizontal Geodetic Control Network, as published by the National Geodetic Survey of the National Oceanic and Atmospheric Administration or the federal agency which succeeds it, and whose plane coordinates have been computed under systems defined in this chapter. Any such station may be used for connecting a survey to either of the Nevada systems.
3. As used in this section, meter means exactly 39.37 inches.
Sec. 5. NRS 327.050 is hereby amended to read as follows:
327.050 1. For purposes of more [precisely] specifically defining the Nevada coordinate system [,] of 1927, the following definition by the United States Coast and Geodetic Survey is adopted:
(a) The Nevada coordinate system [,] of 1927, east zone, is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian 115°35’ west of Greenwich, on which meridian the scale is set at one part in 10,000 too small. The origin of coordinates is at the intersection of the meridian 115°35’ west of Greenwich and the parallel 34°45’ north latitude. This origin is given the coordinates: x = 500,000 feet and y = 0 feet.
(b) The Nevada coordinate system [,] of 1927, central zone, is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian 116°40’ west of Greenwich, on which meridian the scale is set at one part in 10,000 too small. The origin of coordinates is at the intersection of the meridian 116°40’ west of Greenwich and the parallel 34°45’ north latitude. This origin is given the coordinates: x = 500,000 feet and y = 0 feet.
(c) The Nevada coordinate system [,] of 1927, west zone, is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian 118°35’ west of Greenwich, on which meridian the scale is set at one part in 10,000 too small. The origin of coordinates is at the intersection of the meridian 118°35’ west of Greenwich and the parallel 34(45( north latitude.
κ1983 Statutes of Nevada, Page 1341 (CHAPTER 493, AB 616)κ
the parallel 34°45’ north latitude. This origin is given the coordinates: x = 500,000 feet and y = 0 feet.
2. [The position of the Nevada coordinate system shall be as marked on the ground by triangulation or traverse stations established in conformity with standards adopted by the United States Coast and Geodetic Survey for first-order and second-order work, whose geodetic positions have been rigidly adjusted on the North American datum of 1927, and whose coordinates have been computed on the system herein defined. Any such station may be used for establishing a survey connection with the Nevada coordinate system.] For purposes of more specifically defining the Nevada coordinate system of 1983, the following definition by the National Geodetic Survey of the National Oceanic and Atmospheric Administration is adopted:
(a) The Nevada coordinate system of 1983, east zone, is a transverse Mercator projection of the North American datum of 1983, having a central meridian 115°35’ west of Greenwich, on which meridian the scale is set at one part in 10,000 too small. The origin of coordinates is at the intersection of the meridian 115°35’ west of Greenwich and the parallel 34°45’ north latitude. This origin is given the coordinates: x = 200,000 meters and y = 8,000,000 meters.
(b) The Nevada coordinate system of 1983, central zone, is a transverse Mercator projection of the North American datum of 1983, having a central meridian 116°40’ west of Greenwich, on which meridian the scale is set at one part in 10,000 too small. The origin of coordinates is at the intersection of the meridian 116°40’ west of Greenwich and the parallel 34°45’ north latitude. This origin is given the coordinates: x = 500,000 meters and y = 6,000,000 meters.
(c) The Nevada coordinate system of 1983, west zone, is a transverse Mercator projection of the North American datum of 1983, having a central meridian 118°35’ west of Greenwich, on which meridian the scale is set at one part in 10,000 too small. The origin of coordinates is at the intersection of the meridian 118°35’ west of Greenwich and the parallel 34°45’ north latitude. This origin is given the coordinates: x = 800,000 meters and y = 4,000,000 meters.
Sec. 6. NRS 327.060 is hereby amended to read as follows:
327.060 No coordinate based on either of the Nevada coordinate [system, purporting] systems which purports to define the position of a point on a land boundary [, shall] may be presented to be recorded in any public land records or deed records unless [such point is within one-half mile of a triangulation or traverse station established in conformity with the standards prescribed in NRS 327.050; but the one-half-mile limitation may be modified by a duly authorized state agency to meet local conditions.] the document to be recorded contains:
1. A description of the monumented station or stations from which the coordinates being recorded have been determined.
2. Annotations which accompany the values for state plane coordinates and clearly describe the method and accuracy of the determinations.
κ1983 Statutes of Nevada, Page 1342 (CHAPTER 493, AB 616)κ
Sec. 7. NRS 327.070 is hereby amended to read as follows:
327.070 The use of the term Nevada Coordinate [System] System of 1927 or Nevada Coordinate System of 1983 on any map, report of survey, or other document [shall be limited to] is limited to use for coordinates based on the [Nevada coordinate] system as defined in this chapter.
Sec. 8. NRS 327.090 is hereby amended to read as follows:
327.090 Nothing contained in this chapter [shall require] requires any purchaser or mortgagee of real property to rely on a land description, any part of which depends exclusively upon [the Nevada coordinate system.] either of the systems established by this chapter.
Sec. 9. NRS 327.080 is hereby repealed.
Sec. 10. Sections 1 to 9, inclusive, of this act shall become effective upon proclamation by the governor of this state of the official publication of the North American datum of 1983 by the National Geodetic Survey of the National Oceanic and Atmospheric Administration.
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Senate Bill No. 370Committee on Government Affairs
CHAPTER 494
AN ACT relating to insurance coverage of state employees; pro-viding for self-insurance of certain risks; and providing other matters properly relating thereto.
[Approved May 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 287 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. The committee on group insurance may establish a plan of life, accident or health insurance by creating a self-insurance reserve fund and provide for the payment of contributions into the fund, a schedule of benefits and the disbursement of benefits from the fund. Payments into and disbursements from the fund must be so arranged as to keep the fund solvent.
Sec. 3. 1. If any plan of self-insurance is adopted by the committee on group insurance, there is created a self-insurance fund as a trust fund for the purpose of receiving contributions.
2. The money in the fund must be invested as other money of the state is invested and any income therefrom paid into the fund for the benefit of the fund.
3. Disbursements from the fund must be made as any other claims against the state are paid.
4. The state treasurer may charge a reasonable fee for his services in administering the fund, but the state, the state general fund and the state treasurer are not liable to the fund for any loss sustained by the fund as a result of any investment made on behalf of the fund or any loss sustained in the operation of the plan of self-insurance.
κ1983 Statutes of Nevada, Page 1343 (CHAPTER 494, SB 370)κ
fund as a result of any investment made on behalf of the fund or any loss sustained in the operation of the plan of self-insurance.
Sec. 4. The committee on group insurance may employ professional, technical and clerical personnel as necessary to assist it in the operation of the plan of self-insurance. These employees are subject to the provisions of chapter 284 of NRS. Their salaries and other costs must be paid out of the self-insurance fund. The committee shall prepare a budget for these costs and submit the budget to the interim finance committee for its approval.
Sec. 5. (Deleted by amendment.)
Sec. 6. (Deleted by amendment.)
Sec. 7. NRS 287.043 is hereby amended to read as follows:
287.043 The committee on group insurance shall:
1. Act as an advisory body on matters relating to group life, accident or health insurance, or any combination thereof, for the benefit of all state officers and employees.
2. Negotiate and contract with the governing body of any public agency enumerated in NRS 287.010 which is desirous of obtaining group insurance for its officers and employees by participation in the state group insurance program.
3. Purchase policies of life, accident or health insurance, or any combination thereof, from any insurance company qualified to do business in this state or provide similar coverage through a plan of self-insurance for the benefit of all eligible public officers and employees who elect to participate in the [states] state group insurance program.
4. Consult the state risk manager and obtain his advice in the performance of the duties set forth in this section.
5. Adopt such regulations and perform such other duties as may be necessary to carry out the provisions of NRS 287.041 to 287.049, inclusive [.] , and sections 2 to 4, inclusive, of this act.
Sec. 8. NRS 287.044 is hereby amended to read as follows:
287.044 1. A part of the cost of the [monthly premiums of] premiums or contributions for that group insurance, not to exceed [$75 for the 1981-82 fiscal year or $86.25 for each fiscal year thereafter,] $86.25 on a monthly basis, applied to both group life and group accident or health coverage, for each public officer, except a senator or assemblyman, or employee electing to participate in the group insurance program, may be paid by the department, agency, commission or public agency which employs the officer or employee in whose behalf that part is paid from money appropriated to or authorized for that department, agency, commission or public agency for that purpose. State participation in the cost of [monthly] premiums or contributions must not exceed the amounts specified in this subsection. If an officer or employee chooses to cover his dependents, whenever this option is made available by the committee on group insurance, he must pay the difference between the amount of the premium or contribution for the coverage for himself and his dependents and the amount paid by the state under this section.
2. A department, agency, commission or public agency shall not pay any part of those premiums if the group life insurance or group accident or health insurance is not approved by the committee on group insurance.
κ1983 Statutes of Nevada, Page 1344 (CHAPTER 494, SB 370)κ
pay any part of those premiums if the group life insurance or group accident or health insurance is not approved by the committee on group insurance.
Sec. 9. NRS 287.046 is hereby amended to read as follows:
287.046 1. Except as provided in subsection 3, any state or other participating officer or employee who elects to participate in the [states] state group insurance program may participate, and the department, agency, commission or public agency which employs the officer or employee shall pay the states share of the cost of the premiums [of] or contributions for the group insurance from money appropriated or authorized as provided in NRS 287.044. Employees who elect to participate in the states group insurance program must authorize deductions from their compensation for the payment of premiums or contributions on the insurance.
2. The department of personnel shall pay the amount provided by law for that fiscal year toward the cost of the premiums [of] or contributions for group insurance for persons retired from the service of the state who have continued to participate. The department shall agree through the committee on group insurance with the insurer for billing of remaining premiums or contributions to the retired participants.
3. A senator or assemblyman who elects to participate in the [states] state group insurance program shall pay the entire premium or contribution for his insurance.
Sec. 10. NRS 287.047 is hereby amended to read as follows:
287.047 If the retention is consistent with the terms of any agreement between the state and the insurance company which issued the policies pursuant to the program [:] or with the plan of self-insurance:
1. Upon the termination of his employment other than by retirement, any state or other participating officer or employee, except a senator or assemblyman, may retain his membership in the [states] state group insurance program, but no part of the cost of the premiums or contributions for the group insurance [premiums] may thereafter be paid by the department, agency, commission or public agency which employed the officer or employee.
2. Upon retirement from the service of the state, a participating state employee may retain his membership in the [states] state group insurance program.
3. Upon retirement from the service of the state, or upon completion of 8 years of service as such, a participating legislator may retain his membership in the states group insurance program.
Sec. 11. NRS 287.048 is hereby amended to read as follows:
287.048 [Nothing contained in] NRS 287.041 to 287.047, inclusive, [shall be construed to make it compulsory upon] and sections 2 to 4, inclusive, of this act do not require any officer or employee of the State of Nevada or of a participating public agency to accept or join the [states] state group insurance program, or to assign his wages or salary to or authorize deductions from his wages or salary in payment of premiums or contributions for group insurance
[premiums.]
κ1983 Statutes of Nevada, Page 1345 (CHAPTER 494, SB 370)κ
Sec. 12. NRS 287.049 is hereby amended to read as follows:
287.049 The cost of [insurance] premiums or contributions for group insurance as provided in NRS 287.044 [shall] must be budgeted for as other expenditures of the state are budgeted for.
Sec. 13. Sections 9 and 10 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
Assembly Bill No. 670Committee on Ways and Means
CHAPTER 495
AN ACT relating to the Western Interstate Commission for Higher Education; reducing the residency requirement for eligibility for contract places; and providing other matters properly relating thereto.
[Approved May 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 397.060 is hereby amended to read as follows:
397.060 The commissioners shall:
1. Choose from among Nevada residents who apply, and have at least [5 years] 1 years prior residence in this state, those most qualified for contract places; and
2. Certify them to receiving institutions.
________
Senate Bill No. 477Committee on Finance
CHAPTER 496
AN ACT making an appropriation from the state general fund to the legislative fund.
[Approved May 25, 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 $150,000.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 1346κ
Assembly Bill No. 246Committee on Judiciary
CHAPTER 497
AN ACT relating to criminal procedure; authorizing the granting of immunity in preliminary examinations; and providing other matters properly relating thereto.
[Approved May 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 178.572 is hereby amended to read as follows:
178.572 In any investigation before a grand jury, or any preliminary examination or trial in any court of record , [or justices court,] the court on motion of the state may order that any material witness be released from all liability to be prosecuted or punished on account of any testimony or other evidence he may be required to produce.
________
Assembly Bill No. 541Committee on Ways and Means
CHAPTER 498
AN ACT making an additional and supplemental appropriation to the department of taxation for data processing; and providing other matters properly relating thereto.
[Approved May 25, 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 department of taxation the sum of $28,750 for data processing required for new programs. This appropriation is additional and supplemental to that allowed and made by section 12 of chapter 709, Statutes of Nevada 1981, at page 1719.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1983, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 1347κ
Assembly Bill No. 666Assemblyman Bogaert
CHAPTER 499
AN ACT relating to state symbols; designating the state colors as silver and blue; and providing other matters properly relating thereto.
[Approved May 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 235 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The colors silver and blue are hereby designated as the official state colors of the State of Nevada.
________
Assembly Bill No. 668Committee on Ways and Means
CHAPTER 500
AN ACT relating to department of general services; placing the chief of the motor pool division in the unclassified service of the state; and providing other matters properly relating thereto.
[Approved May 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 232.200 is hereby amended to read as follows:
232.200 1. The chief of each of the divisions of the department [shall serve] serves at the pleasure of the director, but , except as provided in subsection 2, for all purposes except removal [shall be] is in the classified service of the state pursuant to the provisions of chapter 284 of NRS.
2. The chief of the motor pool division if separately established is in the unclassified service of the state.
________
κ1983 Statutes of Nevada, Page 1348κ
Senate Bill No. 395Senators Robinson, Ashworth, Gibson and Wilson
CHAPTER 501
AN ACT relating to computers; providing protection for proprietary computer programs and data from unfair practices; providing for civil remedies and damages; providing penalties; and providing other matters properly relating thereto.
[Approved May 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 52 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in this chapter unless the context otherwise requires, the words and terms defined in sections 3 and 4, of this act have the meanings ascribed to them in those sections.
Sec. 3. Computer means an electrical device which performs arithmetic or logical functions on information that is recorded in the form of electronic or magnetic impulses, and includes any device connected to a computer for the purpose of communicating, processing, storing or retrieving such information. The term does not include a device such as a radio or television transmitter or receiver, television camera, video tape recorder, sound recorder, phonograph or similar device which is used for reproducing information in aural or visual form without changing the nature or content of the information, unless such a device is connected to and used by a computer.
Sec. 4. Program means a series of statements or instructions in words, numbers or other symbols which are used or to be used directly or indirectly in a computer to bring about an intended result. The term includes the statements or instructions of a program in a form acceptable to a computer or a representation of the statements or instructions in any other form, including the charts and documents used in the design and writing of the program.
Sec. 5. It is an unfair trade practice for a person:
1. To obtain possession of or access to a proprietary program or the data stored in a computer with intent to:
(a) Deprive or withhold from the owner his control over that program or data; or
(b) Convert that program or data to his own use or the use of another.
2. With the consent of the owner, to obtain possession of or access to a proprietary program or the data stored in a computer and thereafter, without the consent of the owner, to:
(a) Convert that program or data to his own use or the use of another; or
(b) Make or cause to be made a copy of that data or the statements or instructions of that program or to exhibit that program or data to another.
κ1983 Statutes of Nevada, Page 1349 (CHAPTER 501, SB 395)κ
or instructions of that program or to exhibit that program or data to another.
3. By force, violence, threat, bribe, reward or offer of anything of value on or to another person or a member of his family, to obtain or attempt to obtain from that other person an unauthorized copy of a proprietary program or the data stored in a computer.
4. To enter on the premises of another with intent to obtain the unauthorized possession of or access to a proprietary program or the data stored in a computer.
Sec. 6. 1. In a civil action alleging an unfair trade practice respecting a program, it is presumed that a program is proprietary if the person alleging ownership of the program shows that he made the program or obtained the exclusive right to manufacture, market and sell, lease, rent or license the program for use and that he maintained the proprietary nature of the program by giving notice thereof.
2. Such a notice is sufficient if the program, when:
(a) Compiled in a computer and retrieved for the visual display of its statements or instructions, is accompanied by a statement that it is confidential or proprietary.
(b) Operated in a computer, either at the beginning of its operation or when the results of the program are displayed visually, displays a statement that the program is confidential or proprietary.
(c) Sold to the public or leased, rented or licensed for use, bears on its package or container a statement that the program is proprietary.
A statement that the owner or manufacturer retains the right to copy the program is equivalent to a statement that the program is proprietary.
Sec. 7. It is an infringement of a trade secret for a person, without the consent of the owner, to obtain possession of or access to a proprietary program or a compilation of proprietary information that is stored as data in a computer and make or cause to be made a copy of that program or data if the program or data:
1. Is used in the owners business;
2. Gives the owner an opportunity to obtain an advantage over competitors who do not know or use it;
3. Is treated by the owner as secret; and
4. Is not copyrighted because an application therefor would result in the program or data no longer being secret.
Sec. 8. 1. The owner of the rights to a proprietary program or the data stored in a computer may bring a civil action to enjoin:
(a) Unfair trade practices respecting that program or data; or
(b) Infringement of a trade secret respecting that program or data.
2. A court of competent jurisdiction may:
(a) Grant such injunctions to restrain the unfair trade practices or infringements of a trade secret as it deems just and reasonable;
(b) Require a defendant to pay to the owner all profits derived from his wrongful acts and all damage suffered by the owner because of those acts; and
κ1983 Statutes of Nevada, Page 1350 (CHAPTER 501, SB 395)κ
his wrongful acts and all damage suffered by the owner because of those acts; and
(c) Order all copies of such a program or data which is in the possession or control of a defendant to be delivered to the owner or to an officer of the court for destruction.
Sec. 9. The civil remedies provided in this chapter:
1. Do not preclude the prosecution of a defendant under the penal laws of this state.
2. Are in addition to any rights or remedies to which the owner of a proprietary program or data stored in a computer is entitled under the common law.
Sec. 10. A governmental agency which obtains a proprietary program or the data stored in a computer must keep the program or data confidential. The governmental agency may only use the program or data for the purpose for which it was obtained, and may not release the program or data without the prior written consent of the owner.
________
Senate Bill No. 452Committee on Government Affairs
CHAPTER 502
AN ACT relating to contractors; requiring the employment security department and the state industrial insurance system to make available a list of those subcontractors who are delinquent in paying premiums for industrial insurance or payments for unemployment compensation; reducing the time for suits against a contractor for wages, benefits or contributions or premiums on account of a subcontractors employee; and providing other matters properly relating thereto.
[Approved May 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 624 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The employment security department and the state industrial insurance system shall make available, upon request, to any licensed contractor the names and addresses of subcontractors who are delinquent in paying the amounts owed by the subcontractor to the:
1. Department for benefits for unemployment pursuant to chapter 612 of NRS; and
2. System for premiums for industrial insurance.
Sec. 2. Chapter 11 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No action against a principal contractor for the recovery of wages due an employee of a subcontractor or contributions or premiums required to be made or paid on his account may be commenced more than:
κ1983 Statutes of Nevada, Page 1351 (CHAPTER 502, SB 452)κ
wages due an employee of a subcontractor or contributions or premiums required to be made or paid on his account may be commenced more than:
(a) Two years, if the principal contractor is located in Nevada; or
(b) Three years, if the principal contractor is located outside this state,
after the date the employee should have received those wages from or those contributions or premiums should have been made or paid by the subcontractor.
2. No action against a principal contractor for the recovery of benefits due an employee of a subcontractor may be commenced more than:
(a) Three years, if the principal contractor is located in Nevada; or
(b) Four years, if the principal contractor is located outside this state,
after the date the employee should have received those benefits from the subcontractor.
________
Senate Bill No. 271Senator Jacobsen
CHAPTER 503
AN ACT relating to searches and rescues; establishing a board of search and rescue, a committee on training in search and rescue and the position of coordinator of search and rescue and specifying their powers and duties; authorizing industrial insurance for certain members of the Civil Air Patrol; authorizing sheriffs to conduct searches and rescues; and providing other matters properly relating thereto.
[Approved May 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 414 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.
Sec. 2. Board means the board of search and rescue.
Sec. 3. Committee means the committee on training in search and rescue.
Sec. 4. Coordinator means the coordinator of search and rescue.
Sec. 5. Director means the director of the division of emergency management.
Sec. 6. Emergency management means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by enemy attack, sabotage or other hostile action, or by fire, flood, earthquake or other natural causes.
κ1983 Statutes of Nevada, Page 1352 (CHAPTER 503, SB 271)κ
attack, sabotage or other hostile action, or by fire, flood, earthquake or other natural causes. These functions include firefighting, police services, medical and health services, searches, rescues, engineering, air raid warning services, communications, radiological, chemical and other special weapons of defense, evacuation of persons from stricken areas, emergency welfare services (civilian war aid), emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public ultility services, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions.
Sec. 7. Local organization for emergency management means an organization created in accordance with the provisions of this chapter by state or local authority to perform local functions of emergency management.
Sec. 8. Mobile support unit means an organization for emergency management created in accordance with the provisions of this chapter by state or local authority to be dispatched by the governor to supplement local organizations for emergency management in a stricken area.
Sec. 9. Political subdivision means a city or county.
Sec. 10. 1. The board of search and rescue, consisting of eight members appointed by the director, is hereby created. The director shall appoint:
(a) One member who is a representative of the Nevada highway patrol;
(b) One member who is a representative of the Nevada Wing of the Civil Air Patrol;
(c) One member who is a representative of the Nevada National Guard;
(d) One member who is a representative of the sheriffs of Nevada;
(e) One member who is a representative of the medical profession;
(f) One member who is a representative of the division of forestry of the state department of conservation and natural resources;
(g) One member who is a representative of organizations which specialize in search and rescue; and
(h) One member who is a representative of the Nevada Fire Chiefs Association or its legal successor. If the association ceases to exist and no legal successor is formed, the director shall appoint one member who is a fire chief.
2. The term of office of each member of the board is 2 years.
Sec. 11. The board shall:
1. Meet at the call of the director and at least once every 6 months;
2. Provide direction and guidance for the coordinator;
3. Formulate policy regarding search and rescue; and
4. Carry out the other duties assigned to it in this chapter.
Sec. 12. The board may, by majority vote, adopt regulations for the administration of laws regarding searches and rescues.
κ1983 Statutes of Nevada, Page 1353 (CHAPTER 503, SB 271)κ
Sec. 13. The director, with the advice of the board, shall appoint a coordinator of search and rescue.
Sec. 14. The coordinator shall:
1. Identify, inventory and coordinate resources available for searches and rescues;
2. Investigate and apply for grants and other financial assistance for search and rescue;
3. Maintain statistics regarding searches and rescues;
4. Coordinate assistance during searches and rescues involving two or more counties;
5. Act as liaison with other states operations involving searches and rescues;
6. Provide assistance, upon request, to sheriffs during searches and rescues;
7. Prepare a plan for searches and rescues;
8. Establish and maintain a system of communication for use throughout the state for operations relating to searches and rescues; and
9. Prepare and distribute publications relating to searches and rescues.
Sec. 15. The committee on training in search and rescue, consisting of three members appointed by the coordinator with the advice of the board, is hereby created.
Sec. 16. The committee shall:
1. Meet at the call of the coordinator and at least once every 6 months;
2. Establish recommendations for organizations specializing in search and rescue, and certify organizations which meet those recommendations at the appropriate level;
3. Maintain a list of all certified organizations and their resources; and
4. Coordinate training in techniques of search and rescue.
Sec. 17. The committee may adopt regulations necessary to carry out the duties assigned to it in this chapter.
Sec. 18. NRS 414.030 is hereby amended to read as follows:
414.030 As used in this chapter [:
1. Emergency management means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by enemy attack, sabotage or other hostile action, or by fire, flood, earthquake or other natural causes. These functions include, without limitation, firefighting, law enforcement, medical and health services, rescue, engineering, air raid warning, communications, radiological, chemical and other special weapons of defense, evacuation of persons from stricken areas, emergency welfare services (civilian war aid), emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions.
κ1983 Statutes of Nevada, Page 1354 (CHAPTER 503, SB 271)κ
transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions.
2. Local organization for emergency management means an organization created in accordance with the provisions of this chapter by state or local authority to perform local functions of emergency management.
3. Mobile support unit means an organization for emergency management created in accordance with the provisions of this chapter by state or local authority to be dispatched by the governor to supplement local organizations for emergency management in a stricken area.
4. Political subdivision means a city or county.] , the words and terms defined in sections 2 to 9, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 19. Chapter 248 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The sheriff is responsible for searches and rescues within his county.
Sec. 20. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A member of the Nevada Wing of the Civil Air Patrol who participates:
1. In a mission; or
2. In training,
which has been authorized by the division of emergency management of the department of the military shall be deemed for the purposes of this chapter to be an employee of the division at the wage of $600 per month and, in the event of injury during such a mission or training, is entitled to the benefits of this chapter.
Sec. 21. Section 18 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
Assembly Bill No. 426Committee on Judiciary
CHAPTER 504
AN ACT relating to mobile home parks; requiring landlords to meet with tenants to hear complaints and suggestions; making various other changes; and providing other matters properly relating thereto.
[Approved May 25, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 118 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 3.5, inclusive, of this act.
κ1983 Statutes of Nevada, Page 1355 (CHAPTER 504, AB 426)κ
Sec. 2. (Deleted by amendment.)
Sec. 3. 1. Within 20 days after the receipt by the landlord or his agent of a written request which has been signed by 25 percent of the tenants occupying the park, the landlord or his agent shall meet with a representative group of tenants to hear any complaints or suggestions which concern a matter relevant to the park.
2. At least 10 days before any meeting is held pursuant to this section the landlord or his agent shall post a notice of the meeting in a conspicuous place in a common area of the park.
Sec. 3.5. Any landlord who violates any of the provisions of NRS 118.230 to 118.340, inclusive:
1. For the first time, shall pay a civil penalty of not more than $250.
2. For the second time, shall pay a civil penalty of not more than $500.
3. For the third time or more, shall pay a civil penalty of not more than $1,000.
Sec. 4. NRS 118.241 is hereby amended to read as follows:
118.241 1. A written rental contract or lease must be executed between a landlord and tenant to rent or lease any mobile home lot at the request of either the landlord or the tenant. The landlord shall give the tenant [is entitled to receive] a copy of the contract or lease [upon signing it.] at the time the tenant signs it.
2. The written rental contract or lease must contain but is not limited to provisions relating to the following subjects:
(a) Duration of the agreement.
(b) Amount of rent, the manner and time of its payment and the amount of any charges for late payment and dishonored checks.
(c) Restrictions on and charges for occupancy by children or pets.
(d) Services and utilities included with the lot rental and the responsibility of maintaining or paying for the services and utilities.
(e) Fees which may be required and the purposes for which they are required.
(f) Deposits which may be required and the conditions for their refund.
(g) Maintenance which the tenant is required to perform and any appurtenances he is required to provide.
(h) The name and address of the owner of the mobile home park and his authorized agent.
(i) Any restrictions on subletting.
(j) The number of and charges for persons who are to occupy a mobile home or recreational vehicle on the lot and their ages.
(k) Any recreational facilities and other amenities provided to the tenant and any deposits or fees required for their use.
(l) Any restriction of all or part of the park to adults or older persons.
κ1983 Statutes of Nevada, Page 1356 (CHAPTER 504, AB 426)κ
Sec. 5. NRS 118.247 is hereby amended to read as follows:
118.247 1. The landlord shall disclose in writing to each tenant the name and address of:
(a) The [persons] person authorized to manage the mobile home park;
(b) A person authorized to receive service of process for the landlord; and
(c) The [principal or corporate] owner of the mobile home park,
and any change thereof.
2. The information [shall] must be furnished in writing to each new tenant on or before the commencement of his tenancy . [or upon request.]
Sec. 6. NRS 118.251 is hereby amended to read as follows:
118.251 The landlord shall:
1. Keep all common areas of the park in a clean and safe condition; and
2. Maintain in good working order all electrical, plumbing and sanitary facilities [and] , appliances and recreational facilities which he furnishes, except that repeated damage from misuse or vandalism is grounds for suspension of maintenance or repair of a facility or appliance.
Sec. 7. NRS 118.260 is hereby amended to read as follows:
118.260 1. The landlord may adopt rules or regulations concerning the tenants use and occupancy of the mobile home lot and the grounds, areas and facilities of the mobile home park held out for the use of tenants generally.
2. All such rules and regulations must be:
(a) Reasonably related to the purpose for which they are adopted;
(b) Sufficiently explicit in their prohibition, direction or limitation to inform the tenant of what he must do or not do for compliance;
(c) Adopted in good faith and not for the purpose of evading any obligation of the landlord arising under the law;
(d) Consistent with a general plan of operation, construction or improvement, and must not arbitrarily restrict conduct or require any capital improvement by the tenant which is not specified in the rental agreement or unreasonably require a change in any capital improvement made by the tenant and previously approved by the landlord unless the landlord can show that it is in the best interest of the other tenants; and
(e) Uniformly enforced against all tenants in the park, including the managers. Any rule or regulation which is not so uniformly enforced may not be enforced against any tenant.
3. No rule or regulation may be used to impose any additional charge for occupancy of a mobile home lot or modify the terms of a lease or rental agreement.
4. Except as provided in subsection 5, a rule or regulation is enforceable against the tenant only if he has notice of it at the time he enters into the rental agreement.
κ1983 Statutes of Nevada, Page 1357 (CHAPTER 504, AB 426)κ
enters into the rental agreement. A rule or regulation adopted or amended after the tenant enters into the rental agreement is not enforceable unless the tenant consents to it in writing or is given 60 days notice of it in writing. A notice in a periodic publication of the park does not meet the requirement for notice under this subsection.
5. A rule or regulation pertaining to recreational facilities in the mobile home park must be in writing to be enforceable. Such rules and regulations may be amended and enforced by the landlord without the tenants consent if the tenant is given [10] 30 days written notice of the amendment.
6. The landlord may adopt any rules or regulations which are not inconsistent with the provisions of this chapter.
Sec. 8. NRS 118.272 is hereby amended to read as follows:
118.272 The landlord or his agent or employee shall not:
1. Increase rent or service fees unless:
(a) The rental rates or the increase in service fees applies in a uniform manner to all tenants similarly located in mobile homes of similar size on the same class of lot, either double or single, or, if it is a service fee, to a given circumstance, except that a discount may be selectively given to persons who are handicapped or who are 62 years of age or older; and
(b) Written notice advising a tenant of the increase is received by the tenant 90 days in advance of the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy.
2. Require a tenant to pay his rent by check.
3. [Prohibit] Except as otherwise provided in this subsection, prohibit or require fees for any meetings held in the parks community or [recreation] recreational facility by the tenants or occupants of any mobile home or recreational vehicle in the park to discuss the parks affairs, or any tenant-sponsored political meeting, if the meetings are held at reasonable hours and when the facility is not otherwise in use, or prohibit the distribution of notices of such meetings.
4. Interrupt, with the intent to terminate occupancy any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this subsection is liable to the tenant for actual damages.
5. Prohibit a tenant from having guests, but he may require the tenant to register the guest within 48 hours after his arrival, Sundays and holidays excluded, and if the park is a secured park a guest may be required to register upon entering and leaving.
6. Prohibit any tenant from soliciting dues from the members of any association which is formed by the tenants who live in the park. For purposes of this subsection, solicit means to make an oral or written request for the payment of dues or to distribute, circulate or post a notice for payment of such dues.
7. Prohibit a public officer or candidate for public office from walking through the park to talk with the tenants.
κ1983 Statutes of Nevada, Page 1358 (CHAPTER 504, AB 426)κ
Sec. 9. NRS 118.291 is hereby amended to read as follows:
118.291 1. An oral or written agreement between a landlord and tenant for the rental or lease of a mobile home lot in a mobile home park in this state must not be terminated by the landlord except upon notice in writing to the tenant served in the manner provided in NRS 40.280;
(a) Five days in advance if the termination is because the conduct of the tenant constitutes a nuisance as described in subsection 7 of NRS 118.295.
(b) Ten days in advance if the termination is because of failure of the tenant to pay rent, utility charges or reasonable service fees.
(c) Ninety days in advance if the termination is because of a change in the use of the land by the landlord pursuant to NRS 118.285.
(d) Forty-five days in advance if the termination is for any other reason.
2. The landlord shall specify in the notice the reason for the termination of the agreement. The reason relied upon for the termination must be set forth with specific facts so that the date, place and circumstances concerning the reason for the termination can be determined. The termination must be in accordance with the provisions of NRS 118.295 and reference alone to a provision of that section does not constitute sufficient specificity under this subsection.
3. The service of such a notice does not enhance the landlords right, if any, to enter the tenants mobile home. Except in an emergency, the landlord shall not enter the mobile home of the tenant served with such a notice without the tenants permission or a court order allowing the entry.
[3.] 4. If a tenant remains in possession of the mobile home lot with the landlords consent after expiration of the term of the rental agreement, the tenancy is from week-to-week in the case of a tenant who pays weekly rent, and in all other cases the tenancy is from month-to-month. The tenants continued occupancy is on the same terms and conditions as were contained in the rental agreement unless specifically agreed otherwise in writing.
[4.] 5. The landlord and tenant may agree to a specific date for termination of the agreement. If any provision of this chapter specifies a period of notice which is longer than the period of a particular tenancy, the required length of the period of notice is controlling.
Sec. 10. NRS 108.290 is hereby amended to read as follows:
108.290 1. Except as provided in subsection 2, any lien in excess of $750 acquired as provided in NRS 108.270 to 108.360, inclusive, is a secondary lien when the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer in question is the subject of a secured transaction.
2. The lien of a trailer park keeper may not exceed [$200] $2,000 or the total amount due and unpaid [for 4 months] for rentals and utilities, whichever is the lesser.
κ1983 Statutes of Nevada, Page 1359 (CHAPTER 504, AB 426)κ
Sec. 11. NRS 118.340 is hereby repealed.
________
Assembly Bill No. 380Assemblymen Dini, Schofield, May and Thomas
CHAPTER 505
AN ACT relating to older persons; lowering the threshold of age for protection under statutes which prohibit abuse and neglect of older persons and require reporting of such abuse and neglect; providing penalties; and providing other matters properly relating thereto.
[Approved May 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.5092 is hereby amended to read as follows:
200.5092 As used in NRS 200.5091 to 200.5099, inclusive, unless the context otherwise requires:
1. Abuse means willful and unjustified:
(a) Infliction of pain, injury or mental anguish; or
(b) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person.
2. Exploitation means wrongful use of an older person or his money or property to the advantage of another if the older person is unable to care for himself.
3. Neglect means the failure of:
(a) A person who has assumed legal responsibility or a contractual obligation for caring for an older person who is unable to care for himself to provide food, shelter, clothing or services which are necessary to maintain the physical or mental health of the older person; or
(b) An older person to provide for his own needs because of inability to do so.
4. Older person means a person who is [62] 60 years of age or older.
________
κ1983 Statutes of Nevada, Page 1360κ
Senate Bill No. 473Senators Mello, Wagner, Horn, Hickey, Bilbray, Townsend, Raggio, Ashworth and Jacobsen
CHAPTER 506
AN ACT relating to juries; exempting physicians, optometrists and dentists licensed in this state from service as jurors; and providing other matters properly relating thereto.
[Approved May 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 6.020 is hereby amended to read as follows:
6.020 1. Upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no others except as provided in subsection 2, are exempt from service as grand or trial jurors:
(a) Any federal or state officer.
(b) Any judge, justice of the peace or attorney at law.
(c) Any county clerk, recorder, assessor, sheriff, deputy sheriff, constable or police officer.
(d) Any locomotive engineer, locomotive fireman, conductor, brakeman, switchman or engine foreman.
(e) Any officer or correctional officer employed by the department of prisons.
(f) Any member or employee of the legislature or the legislative counsel bureau while the legislature is in session.
(g) Any physician, optometrist or dentist who is licensed to practice in this state.
2. All persons of the age of 65 years or over are exempt from serving as grand or trial jurors. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is over the age of 65 years, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.
________
κ1983 Statutes of Nevada, Page 1361κ
Assembly Bill No. 126Committee on Labor and Management
CHAPTER 507
AN ACT relating to public works; reconciling the definitions of public body and contracting body as those terms are used in provisions relating to public works; authorizing the labor commissioner to adopt regulations to carry out his duties; and providing other matters properly relating thereto.
[Approved May 26, 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:
The labor commissioner may adopt such regulations as are necessary to enable him to carry out his duties pursuant to the provisions of this chapter.
Sec. 2. NRS 339.015 is hereby amended to read as follows:
339.015 As used in this chapter:
1. Claimant includes [an individual,] a natural person, firm, partnership, association or corporation.
2. Contracting body means [any officer, employee, board, bureau, commission, department, agency or institution of the State of Nevada, or of any county, city, district, municipal corporation, quasi-municipal corporation, political subdivision, school district, educational institution or other public instrumentality,] the state, county, city, town, school district, or any public agency of the state or its political subdivisions which has authority to contract for the construction, alteration or repair of any public building or other public work or public improvement.
________
Assembly Bill No. 569Committee on Legislative Functions
CHAPTER 508
AN ACT relating to commissioners on uniform state laws; authorizing former commissioners to continue or resume service; and providing other matters properly relating thereto.
[Approved May 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 219 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A commissioner who served pursuant to NRS 219.020 may continue to serve or resume his service as a commissioner if he:
κ1983 Statutes of Nevada, Page 1362 (CHAPTER 508, AB 569)κ
1. Is licensed to practice law in the State of Nevada;
2. Is a resident of Nevada; and
3. Notifies the legislative counsel of his intention to serve as a commissioner.
The legislative counsel shall notify the National Conference of Commissioners on Uniform State Laws whenever a commissioner is added pursuant to this section.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 538Assemblymen Bourne and Nevin
CHAPTER 509
AN ACT relating to corporations; increasing the amount of an employees lien when a corporation becomes insolvent or is dissolved; and providing other matters properly relating thereto.
[Approved May 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 78.720 is hereby amended to read as follows:
78.720 1. Whenever any corporation [, formed under the provisions of this chapter, or any prior act, shall become insolvent, or be] becomes insolvent or is dissolved in any way or for any cause, the employees doing labor or service, of whatever character, in the regular employ of the corporation, [shall] have a lien upon the assets thereof for the amount of wages due to them, not exceeding [$600,] $1,000, which have been earned within 3 months before the date of [insolvency, which shall be paid prior to] the insolvency or dissolution, which must be paid before any other debt [or debts] of the corporation.
2. The word employees [shall not be construed to] does not include any of the officers of the corporation.
________
κ1983 Statutes of Nevada, Page 1363κ
Assembly Bill No. 677Committee on Natural Resources, Environment and Agriculture
CHAPTER 510
AN ACT relating to motor vehicle emissions; requiring used motor vehicles in designated areas to have evidence of compliance with compulsory motor vehicles emission inspection programs by certain date; and providing other matters properly relating thereto.
[Approved May 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 445.635 is hereby amended to read as follows:
445.635 The authority set forth in NRS 445.630 providing for a compulsory motor vehicle emission inspection program is limited as follows:
1. [Except as provided in this subsection, in] In areas which have been designated by the commission for inspection programs and which are located in counties having a population of 100,000 or more [:
(a) Before July 1, 1983, only used motor vehicles being registered to a new owner or being registered for the first time are required to have evidence of compliance.
(b) On] , on or after [July] October 1, 1983, all used motor vehicles being registered or reregistered are required to have evidence of compliance.
[The board of county commissioners of any such county may by ordinance require compliance with the provisions of paragraph (b) within the designated area by a specified date before July 1, 1983.]
2. In designated areas in other counties where the commission puts a program into effect [:
(a) Before July 1, 1983, only used motor vehicles being registered to a new owner or being registered for the first time in this state are required to have evidence of compliance.
(b) On] , on or after [July] October 1, 1983, all used motor vehicles being registered are required to have evidence of compliance.
3. The board of county commissioners of a county containing a designated area may revise its program for the designated area after receiving the approval of the commission.
________
κ1983 Statutes of Nevada, Page 1364κ
Senate Bill No. 476Committee on Finance
CHAPTER 511
AN ACT relating to the refunding of certain securities issued by the board of regents of the University of Nevada; providing for the disposition in that case of revenues appropriated for their payment; and providing other matters properly relating thereto.
[Approved May 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.385 is hereby amended to read as follows:
463.385 1. In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state an annual tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.
2. The commission shall:
(a) Collect the tax annually on or before June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.
(b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.
(c) Include the proceeds of the tax in its reports of state gaming taxes collected.
3. The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school fund, the capital construction fund for higher education and the special capital construction fund for higher education, hereby created in the state treasury, in the amounts and to be expended only for the purposes specified in this section.
4. During each fiscal year the state treasurer shall deposit the tax paid over to him by the commission as follows:
(a) The first $5,000,000 of the tax in the capital construction fund for higher education;
(b) Twenty percent of the tax in the special capital construction fund for higher education; and
(c) The remainder of the tax in the state distributive school fund.
5. There is hereby appropriated from the balance in the special capital construction fund for higher education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979 [.] , as amended by chapter 585, Statutes of Nevada 1981, at page 1251. If in any year the balance in that fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the capital construction fund for higher education.
κ1983 Statutes of Nevada, Page 1365 (CHAPTER 511, SB 476)κ
on July 31 from the capital construction fund for higher education. The balance remaining unappropriated in the capital construction fund for higher education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the state general fund for the support of higher education. If those bonds are refunded and if the amount required to pay the principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the refunded bonds if they had not been refunded, there is appropriated to the University of Nevada an amount sufficient to pay the principal of and interest on the refunded bonds, as if they had not been refunded. The amount required to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated, and the amount equal to the saving realized in that fiscal year from the refunding must be used by the University of Nevada to defray wholly or in part the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the refunded bonds.
6. The money deposited in the state distributive school fund under this section must be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.
7. The board of regents of the University of Nevada may use any unappropriated money in the special capital construction fund for higher education for the payment of interest and amortization of principal on bonds and other securities, whether issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the legislature.
Sec. 2. NRS 463.385 is hereby amended to read as follows:
463.385 1. In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state an annual tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.
2. The commission shall:
(a) Collect the tax annually on or before June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.
(b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.
(c) Include the proceeds of the tax in its reports of state gaming taxes collected.
3. The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school fund, the capital construction fund for higher education and the special capital construction fund for higher education, hereby created in the state treasury, in the amounts and to be expended only for the purposes specified in this section.
κ1983 Statutes of Nevada, Page 1366 (CHAPTER 511, SB 476)κ
capital construction fund for higher education, hereby created in the state treasury, in the amounts and to be expended only for the purposes specified in this section.
4. During each fiscal year the state treasurer shall deposit the tax paid over to him by the commission as follows:
(a) The first $5,000,000 of the tax in the capital construction fund for higher education;
(b) Twenty percent of the tax in the special capital construction fund for higher education; and
(c) The remainder of the tax in the state distributive school fund.
5. [When] There is hereby appropriated from the balance in the special capital construction fund for higher education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979 [.] , as amended by chapter 585, Statutes of Nevada 1981, at page 1251. If in any year the balance in that fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the capital construction fund for higher education. The balance remaining unappropriated in the capital construction fund for higher education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the state general fund for the support of higher education.
If those bonds are refunded and if the amount required to pay the principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the refunded bonds if they had not been refunded, there is appropriated to the University of Nevada an amount sufficient to pay the principal of and interest on the refunded bonds, as if they had not been refunded. The amount required to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated, and the amount equal to the saving realized in that fiscal year from the refunding must be used by the University of Nevada to defray wholly or in part the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the refunded bonds.
6. After the requirements of subsection 5 for each fiscal year, when specific projects are authorized by the legislature, money in the capital construction fund for higher education and the special capital construction fund for higher education must be transferred by the state controller and the state treasurer to the state public works board for the construction of capital improvement projects for the University of Nevada System, including but not limited to capital improvement projects for the community colleges of the University of Nevada System. As used in this subsection, construction includes but is not limited to planning, design, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling.
κ1983 Statutes of Nevada, Page 1367 (CHAPTER 511, SB 476)κ
reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in either fund at the end of a fiscal year does not revert to the general fund in the state treasury but remains in those funds for authorized expenditure.
[6.] 7. The money deposited in the state distributive school fund under this section must be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.
[7.] 8. The board of regents of the University of Nevada may use any money in the capital construction fund for higher education and the special capital construction fund for higher education for the payment of interest and amortization of principal on bonds and other securities, whether issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the legislature.
Sec. 3. Section 5 of chapter 679, Statutes of Nevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251, is hereby amended to read as follows:
Sec. 5. 1. The board of regents, on the behalf and in the name of the State of Nevada, shall, consistent with the provisions of the State Securities Law:
(a) Finance the multipurpose pavilion project on the campus of the University of Nevada, Las Vegas, by an expenditure not exceeding $30,000,000, and defray in part the cost of that project by the issuance of general obligation bonds and other general obligation securities of the state.
(b) Finance the multipurpose pavilion on the campus of the University of Nevada, Reno, by an expenditure not exceeding $26,000,000, and defray in part the cost of that project by the issuance of general obligation bonds and other securities of the state.
2. The board of regents shall proceed with construction of the two pavilions concurrently, shall, to the best of the boards ability, attempt to provide for the completion of the two pavilions at approximately the same time, and may issue the securities designated in subsection 1 in a total amount not to exceed $40,000,000 except to the extent that the principal amount of any such securities is funded or refunded wholly or in part with [a like] the principal amount of any subsequent issue of such securities.
3. If bonds or other securities are issued pursuant to subsections 1 and 2, the faith of the state is hereby pledged that the tax imposed by subsection 1 of NRS 463.385 and credited to the capital construction fund for higher education and the special capital construction fund for higher education pursuant to subsection 4 thereof will not be repealed or diminished so as to impair the payment of principal or interest upon those securities.
4. Subject to the limitations as to maximum principal amounts in subsections 1 and 2, the board of regents may issue to defray the cost of each project designated in subsection 1 of this section, or any part of each project, at any time or from time to time after the adoption of this amendatory act, general obligation securities of the state, which are payable from general (ad valorem) taxes levied annually in any amount sufficient to pay the interest on and the principal of the securities as they become due, except to the extent other money is lawfully made available therefor.
κ1983 Statutes of Nevada, Page 1368 (CHAPTER 511, SB 476)κ
in subsections 1 and 2, the board of regents may issue to defray the cost of each project designated in subsection 1 of this section, or any part of each project, at any time or from time to time after the adoption of this amendatory act, general obligation securities of the state, which are payable from general (ad valorem) taxes levied annually in any amount sufficient to pay the interest on and the principal of the securities as they become due, except to the extent other money is lawfully made available therefor. The proceeds of any such taxes must be appropriated for the payment of those securities, and this appropriation must neither be repealed nor the taxes postponed or diminished, except to the extent that other money is used for their payment, until the principal and interest of those securities have been wholly paid. The payment of those securities must be additionally secured by a pledge of the gross revenues credited to the capital construction fund for higher education and the special capital construction fund for higher education, and those securities must be paid from the revenues in either or both of those accounts as the interest on, any prior redemption premiums due in connection with, and the principal of the securities become due.
5. As permitted by subsection 4 of NRS 349.304, any interest or other gain from the temporary investment of proceeds of securities pending their expenditure on either project must be accounted for in an account or accounts for defraying, and must be used to defray, the cost of either project, or both projects, or accounted for in a reserve account, or reserve accounts therefor, until sufficient money has been encumbered to assure the completion of each project.
6. After revenues in the capital construction fund for higher education and the special capital construction fund for higher education in any fiscal year are transferred to an account or accounts for the payment of debt service on any securities issued pursuant to this section and to any reserve account or reserve accounts therefor as provided by the authorizing proceedings adopted by the board of regents, any surplus revenues in either the capital construction fund for higher education or the special capital construction fund for higher education, or both those accounts, must, until sufficient money has been encumbered to assure the completion of each multipurpose pavilion project, be encumbered for and expended on either or both multipurpose pavilion projects, except to the extent that the surplus revenue in those two accounts is otherwise appropriated by the Nevada legislature.
7. Any securities issued pursuant to this section may be issued in such manner, at, above, or below par, without limitation as to interest rate, effective interest rate, or any discount, and may be sold by the board of regents at public sale in accordance with the State Securities Law or at private sale.
κ1983 Statutes of Nevada, Page 1369 (CHAPTER 511, SB 476)κ
sold by the board of regents at public sale in accordance with the State Securities Law or at private sale.
8. This section does not prevent the board of regents from funding, refunding or reissuing any outstanding general obligation state securities issued by the board of regents on behalf of the state for the benefit of the University of Nevada System, and payable from general (ad valorem) taxes, which payment is additionally secured by a pledge of such excise tax proceeds credited to those two capital accounts, at any time as provided in the State Securities Law. If the principal amount of the refunding bonds exceeds the principal amount of the refunded bonds, the increased indebtedness equal to the amount of the remainder of the principal amount of the refunding bonds less the principal amount of the refunded bonds must not exceed the states unexhausted power to incur debt under the limitation contained in the first sentence of section 3 of article 9 of the constitution, and the refunding bonds must mature over a term not exceeding 20 years from June 5, 1981.
9. Any securities issued pursuant to this section [must] may be executed as provided in the State Securities Law in accordance with NRS 349.282 and also [must] may be countersigned by the chairman of the board of regents and also by the chancellor and treasurer of the University of Nevada all in accordance with NRS 349.284 [.] but this section does not prevent the use of book entries or the execution of the securities as may be otherwise provided by law.
10. The powers conferred by this section are in addition to and supplemental to, and the limitations imposed by this section do not affect, the powers conferred by any other law, general or special; and securities may be issued under this section without regard to the procedure required by any other such law except as otherwise provided in this section or in the State Securities Law. Insofar as the provisions of this section are inconsistent with the provisions of any other law, general or special, the provisions of this section are controlling.
11. The legislature finds and declares that the issuance of securities and the other incurrence of indebtedness pursuant to this section are not for the protection and preservation of any of the property or the natural resources within this state or for obtaining the benefits thereof, and do not constitute an exercise of the authoriity conferred by the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.
Sec. 4. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1983. Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1985.
________
κ1983 Statutes of Nevada, Page 1370κ
Senate Bill No. 414Committee on Legislative Affairs
CHAPTER 512
AN ACT relating to the preparation of legislative measures; extending the services of the legislative counsel to local governments; requiring the earlier submission of requests; and providing other matters properly relating thereto.
[Approved May 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Upon request made within the time allowed, the legislative counsel shall advise any state agency or department, and may advise any local government, as to the preparation of measures to be submitted to the legislature. To assure the greatest possible equity in the handling of requests, drafting must proceed as follows:
1. Requests for legislative measures from each state agency or department or local government must, insofar as is possible, be acted upon in the order in which they are received, unless a different priority is designated by the requester.
2. As soon as a state agency, department or local government has requested 10 bills for any session the legislative counsel may request it to designate the priority for each succeeding request.
3. The priority so designated must guide the legislative counsel in acting upon the requests of the respective state agencies and departments to assure each state agency and department, and each local government among themselves, as nearly as is possible, an equal rank.
Sec. 3. Upon request, the legislative counsel shall assist any legislator in the preparation of bills and resolutions, drafting them in proper form, and furnishing the legislator the fullest information upon all matters within the scope of his duties. The legislative counsel shall, insofar as is possible, act upon all legislators requests for legislative measures in the order in which they are received. To assure the greatest possible equity in the handling of requests, drafting must proceed as follows:
1. If he so desires, a legislator may designate a different priority for his bills and resolutions which the legislative counsel shall observe, insofar as is possible.
2. The drafting of requests for legislative measures from chairmen or members of standing committees or special committees, on behalf of those committees, must not, except where urgency is recognized, take precedence over the priority established or designated for individual legislators bills and resolutions.
κ1983 Statutes of Nevada, Page 1371 (CHAPTER 512, SB 414)κ
Sec. 4. The legislative commission shall establish a standing committee of three members to consult with the legislative counsel concerning the effectuation of the limits on requests for drafting which are imposed or advanced by this act. The committee shall meet with the legislative counsel on or before July 1, September 1 and January 1 next preceding the convening of each regular session, and at such other times as the committee or the legislative counsel may request. The committee shall also recommend to the legislative commission any changes in number or salary of employees in the legal division of the legislative counsel bureau which it may find necessary to ensure the timely drafting of legislation.
Sec. 5. NRS 218.240 is hereby amended to read as follows:
218.240 1. The legislative counsel and the legal division of the legislative counsel bureau shall prepare and assist in the preparation and amendment of legislative measures when requested or upon suggestion as provided in NRS 218.240 to 218.260, inclusive [.] , and sections 2 and 3 of this act.
2. [Upon request, subject to the schedule provided in NRS 218.245, the legislative counsel shall advise any state agency or department as to the preparation of measures to be submitted to the legislature. To assure the greatest possible equity in the handling of requests, drafting shall proceed as follows:
(a) Requests for legislative measures from each state agency or department shall, insofar as is possible, be processed in the order in which they are received, unless a different drafting priority is designated by the state agency or department.
(b) As soon as a state agency or department has requested 10 bills for any session the legislative counsel may request it to designate the drafting priority for each succeeding request.
(c) The drafting priority so designated shall guide the legislative counsel in the processing of the respective state agency and department requests, it being the purpose of this subsection to assure each state agency and department, as nearly as is possible, an equal priority rank.
3. Upon request, the legislative counsel shall aid and assist any legislator in the preparation of bills and resolutions, drafting them in proper form, and furnishing the legislator the fullest information upon all matters within the scope of his duties. Subject to the schedule provided in NRS 218.245, the legislative counsel shall, insofar as is possible, process all legislators requests for legislative measures in the order in which they are received. To assure the greatest possible equity in the handling of requests, drafting shall proceed as follows:
(a) If he so desires, a legislator may designate a different drafting priority for his bills and resolutions which the legislative counsel shall observe, insofar as is possible. The drafting priority so designated shall guide the legislative counsel in the processing of the respective legislators requests.
(b) The drafting of requests for legislative measures from chairmen or members of standing committees or special committees, on behalf of such committees, shall not, except where urgency is recognized, take precedence over the priority schedule established or designated for legislators bills and resolutions.
κ1983 Statutes of Nevada, Page 1372 (CHAPTER 512, SB 414)κ
or members of standing committees or special committees, on behalf of such committees, shall not, except where urgency is recognized, take precedence over the priority schedule established or designated for legislators bills and resolutions.
4.] The legislative counsel shall give consideration to and service concerning any measure before the legislature [and] which is [in any way] requested by the governor, the senate or assembly, or any committee of the legislature having the measure before it for consideration.
[5.] 3. The legislative counsel may deliver to the superintendent of the state printing and records division of the department of general services and request that he print or preset the type for printing a legislative measure [prior to] before its introduction upon the consent of the person or persons requesting the measure. If the measure has been requested by a legislator, the superintendent shall promptly comply with this request.
Sec. 6. NRS 218.245 is hereby amended to read as follows:
218.245 1. [The] Except as provided in subsection 4, the legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of proposed legislation for any agency or officer of the executive branch of the state government [prior to] or for a local government before a regular session of the legislature unless [:
(a) The] the request is approved by the governor or a designated member of his staff , or the responsible officer of a local government, and transmitted to the legislative counsel before [October 1] September 1 preceding the convening of the session . [; or
(b) The request is made by a member of the legislature.]
2. After November 1, preceding a legislative session, the legislative counsel and the legal division of the legislative counsel bureau shall give full priority to the preparation of proposed legislation requested by members of the legislature.
[2.] 3. The legislative counsel and the legal division of the legislative counsel bureau shall not prepare or assist in the preparation of any proposed legislation during any regular session of the legislature except upon the [written] request of a member of the legislature or the personal written request of the governor.
4. An agency or officer of the executive branch of the state government or a local government, shall not request a legislator to have legislation drafted on its behalf. The legislative commission , when the legislature is not in session, or a standing committee which has jurisdiction of the subject matter when the legislature is in session, may, if it finds that exceptional circumstances so warrant, authorize the drafting of legislation requested after the time limited by subsection 1.
Sec. 7. NRS 218.635 is hereby amended to read as follows:
218.635 1. The legislative commission shall, between sessions of the legislature, fix the work priority of all studies and investigations assigned to it by concurrent resolutions of the legislature within the limits of available time, money and staff.
κ1983 Statutes of Nevada, Page 1373 (CHAPTER 512, SB 414)κ
limits of available time, money and staff. The legislative commission shall not make studies or investigations so directed by resolutions of only one house of the legislature. All requests for the drafting of legislation to be recommended as the result of a study or investigation must be made before July 1 of the year preceding a legislative session.
2. Between sessions of the legislature no study or investigation may be initiated or continued by the fiscal analysts, the legislative auditor, the legislative counsel or the research director and their staffs except studies and investigations which have been specifically authorized by concurrent resolutions of the legislature or by an order of the legislative commission. No study or investigation may be carried over from one session of the legislature to the next without additional authorization by a concurrent resolution of the legislature, except audits in progress, whose carryover has been approved by the legislative commission.
Sec. 8. NRS 218.270 is hereby repealed.
________
Senate Bill No. 91Senators Wilson, Wagner, Blakemore, Hernstadt, Neal, Hickey, Bilbray, Foley and Townsend
CHAPTER 513
AN ACT relating to elections; requiring disclosure of campaign expenditures made by persons other than candidates; and providing other matters properly relating thereto.
[Approved May 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 294A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Person includes any natural person, any labor union, any business or voluntary association, any committee for political action or sponsored by a political party and any corporation.
Sec. 3. 1. Every person who advocates the election of a candidate other than himself or the defeat of a candidate other than his opponent or advocates the election or defeat of a group of candidates not including himself or his opponent for national, congressional, state, district, county, city or township office at a recall, special, primary or general election, and every group of persons, whether formally or informally organized, which advocates the election or defeat of a candidate shall, not later than:
(a) Fifteen days before the primary election, for the period from the last election, for that office to 20 days before the primary election;
κ1983 Statutes of Nevada, Page 1374 (CHAPTER 513, SB 91)κ
(b) Fifteen days before the general election, whether or not the candidate won the primary election, for the period from 20 days before the primary election to 20 days before the general election; and
(c) Thirty days after the general election, for the remaining period until the general election,
report expenditures made on behalf of or against a candidate or group of candidates in excess of $500 on forms of affidavit to be designed and provided by the secretary of state. The report must also include identification of expenditures which the person made cumulatively in excess of $500 since the beginning of the first reporting period. The report must not include any contributions which are required to be reported by a candidate pursuant to NRS 294A.010.
2. Expenditures made within the state or made elsewhere but for use within the state, including expenditures made outside the state for printing, television and radio broadcasting or other production of the media, must be included in the report. Expenditures made to communicate with the groups own members on behalf of or against a candidate or group of candidates must not be included in the report.
3. If the candidate is elected from one county, the reports must be filed with the county clerk of that county. Otherwise, the reports must be filed with the secretary of state. If an expenditure is made on behalf of a group of candidates, the reports must be made to the officer appropriate for each candidate but need not be itemized by candidate. A person may make his report to the appropriate officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
4. Each county clerk who receives a report pursuant to subsection 3 shall file a copy of the report with the secretary of state.
5. Any person who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 4. NRS 294A.002 is hereby amended to read as follows:
294A.002 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 294A.004 to 294A.007, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 5. NRS 294A.050 is hereby amended to read as follows:
294A.050 1. A newspaper, radio broadcasting station, outdoor advertising company, television broadcasting station, direct mail advertising company, printer or other person or group of persons which accepts, broadcasts, disseminates, prints or publishes advertising on behalf of any candidate or group of candidates or political advertising for any person other than a candidate shall make available for inspection, at any reasonable time beginning at least 10 days before each primary or general election and ending at least 30 days after the election, information setting forth the cost of all advertisements accepted and broadcast, disseminated or published for each candidate , [or] group of candidates [.]
κ1983 Statutes of Nevada, Page 1375 (CHAPTER 513, SB 91)κ
broadcast, disseminated or published for each candidate , [or] group of candidates [.] or person other than a candidate.
2. For purposes of this section the necessary cost information is made available if a copy of each bill, receipt or other evidence of payment made out for any such advertising is kept in a record or file, separate from the other business records of the enterprise and arranged alphabetically by name of the candidate [,] or other person, at the principal place of business of the enterprise.
Sec. 6. NRS 294A.065 is hereby amended to read as follows:
294A.065 1. The officer with whom a candidate files a declaration of candidacy or acceptance of candidacy shall furnish the candidate with necessary forms of affidavit [forms] and copies of regulations adopted by the secretary of state pursuant to this chapter. The candidate shall acknowledge receipt of the material.
2. The officer who is to receive reports pursuant to section 3 of this act shall furnish the necessary forms and regulations upon request. The person requesting the material shall acknowledge receipt thereof.
Sec. 7. NRS 294A.070 is hereby amended to read as follows:
294A.070 The secretary of state shall, within 10 days after receipt of the reports required by NRS 294A.010 , [and] 294A.020 [,] and section 3 of this act, prepare and make available for public inspection a compilation of [the] :
1. The total campaign contributions, the contributions which are in excess of $500 and the total campaign expenses of each of the candidates for legislative and judicial offices from whom reports of those contributions and expenses are required [.] ; and
2. The expenditures exceeding $500 made by a person on behalf of a candidate other than himself.
Sec. 8. NRS 294A.080 is hereby amended to read as follows:
294A.080 If it appears that the provisions of NRS 294A.010 , [or] 294A.020 or section 3 of this act have been violated:
1. The secretary of state shall report the alleged violation to the attorney general; and
2. A county clerk shall report the alleged violation to the appropriate district attorney,
and the attorney general or district attorney to whom [such] the report is made shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
________
κ1983 Statutes of Nevada, Page 1376κ
Assembly Bill No. 138Committee on Commerce
CHAPTER 514
AN ACT relating to mortgage companies; requiring posting of licenses; requiring approval of commissioner of savings association for changes of control; expanding the definition of mortgage companies; establishing a fund to pay claims against mortgage companies; expanding the duties of the commissioner of savings associations; expanding the grounds for suspension of licenses; and providing other matters properly relating thereto.
[Approved May 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 645B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5.9, inclusive, of this act.
Sec. 2. 1. A licensee shall post each license in a conspicuous place in the office to which it pertains.
2. A license may not be transferred or assigned unless the commissioner gives his written approval.
Sec. 3. 1. As used in this section, change of control means:
(a) A transfer of voting stock which results in giving a person, directly or indirectly, the power to direct the management and policy of a mortgage company; or
(b) A transfer of at least 10 percent of the outstanding voting stock of a mortgage company.
2. The commissioner must approve a transfer of voting stock of a mortgage company which constitutes a change of control.
3. The owner, president, chief executive officer or a partner shall apply to the commissioner for approval of a transfer of voting stock in his mortgage company which constitutes a change of control. The application must contain information which shows that the requirements of this chapter for obtaining a license will be satisfied after the change of control.
Sec. 4. 1. The fund for mortgage investors is hereby created as a special revenue fund. Except as otherwise provided in subsection 2, a balance of not more than $1,000,000 must be maintained in the fund, to be used for satisfying claims against persons licensed under this chapter.
2. Any interest earned on the money in the fund must be credited to the fund and must be accounted for as separate income. The balance in the fund may be increased to more than $1,000,000 only if the amount over $1,000,000 is from interest earned on the money in the fund and is not collected from persons licensed under this chapter.
3. The commissioner shall administer the fund.
Sec. 5. 1. After a licensee has transacted business in this state as a mortgage company for 2 consecutive years, the commissioner shall relieve him of the requirement of depositing a bond or letter of credit if he pays the annual fee pursuant to subsection 2.
κ1983 Statutes of Nevada, Page 1377 (CHAPTER 514, AB 138)κ
relieve him of the requirement of depositing a bond or letter of credit if he pays the annual fee pursuant to subsection 2.
2. Each licensee who is relieved of the requirement of depositing a bond or letter of credit, shall pay by June 30 of each year, in addition to the fee for renewal, a fee for claims against persons licensed under this chapter, to be deposited in the state treasury for credit to the fund for mortgage investors. The initial amount of this fee is $500. After the fund reaches a balance of $1,000,000, the commissioner shall establish this fee as a percentage of the volume of loans in dollars originated in this state in the preceding calendar year by each mortgage company. The percentage must be established at such a rate that the balance in the fund under normal circumstances is not reduced substantially below $1,000,000.
3. If, after July 1, 1985, the balance in the fund is less than $100,000, the commissioner shall establish and collect from each licensee required to pay the annual fee pursuant to subsection 2, at the time that fee is paid, an assessment in an amount which is sufficient to increase the balance to at least $100,000. The commissioner may establish and collect such an assessment only once in any 1 year.
Sec. 5.5. 1. A claim for payment from the fund for mortgage investors must be filed with the commissioner.
2. The commissioner shall approve a claim for any actual unpaid losses incurred by the claimant and request payment from the available money in the fund in an amount not exceeding $100,000 per licensee if:
(a) The claimant has obtained a final judgment in any court of competent jurisdiction against a licensee under this chapter, upon grounds of fraud, misrepresentation or deceit with reference to any transaction for which a license is required under this chapter; or
(b) The licensee, pursuant to NRS 645B.100 to 645B.160, inclusive, has had his license permanently revoked upon grounds of fraud, misrepresentation or deceit with reference to any transaction for which a license is required under this chapter.
3. If there is an insufficient amount of money in the fund to satisfy any claim that may be made pursuant to this section, the commissioner may designate a receiver to represent the interests of the claimants affected or petition a court to make payments from the fund in any manner that it may find equitable.
Sec. 5.7. If the commissioner pays any amount of money from the fund for mortgage investors to a claimant, the commissioner is subrogated to all rights of the claimant against the licensee or any other person relating to the loss, and the claimant shall assign all his right, title and interest in the claim to the commissioner on behalf of the fund. Any amount recovered by the commissioner pursuant to this section must be deposited in the state treasury for credit to the fund.
Sec. 5.9. If the commissioner pays any amount of money from the fund for mortgage investors in settlement of a claim or toward the satisfaction of a judgment against a licensee who has not been relieved of the requirement of depositing a bond or letter of credit, the commissioner may, on behalf of the fund, commence an action to recover against the bond or letter of credit.
κ1983 Statutes of Nevada, Page 1378 (CHAPTER 514, AB 138)κ
the requirement of depositing a bond or letter of credit, the commissioner may, on behalf of the fund, commence an action to recover against the bond or letter of credit. Any amount recovered by the commissioner pursuant to this section must be deposited in the state treasury for credit to the fund.
Sec. 6. NRS 645B.010 is hereby amended to read as follows:
645B.010 As used in this chapter, unless the context otherwise requires:
1. Commissioner means the commissioner of savings associations.
2. Mortgage company means any person who, directly or indirectly:
(a) Holds himself out for hire to serve as an agent for any person in an attempt to obtain a loan which will be secured by a lien on real property;
(b) Holds himself out for hire to serve as an agent for any person who has money to lend, [which] if the loan is or will be secured by a lien on real property;
(c) Holds himself out as being able to make loans secured by liens on real property [; or] , unless the loans are made pursuant to subsection 6 or 8 of NRS 645B.190;
(d) Holds himself out as being able to service loans secured by liens on real property [.] ; or
(e) Holds himself out as being able to buy or sell notes secured by liens on real property.
[For the purposes of this subsection, a person holds himself out as being able to perform the given function only if he advertises as being able to do so.]
Sec. 7. NRS 645B.030 is hereby amended to read as follows:
645B.030 1. Except as otherwise provided in this section, at the time of filing an application for a mortgage companys license, the applicant must deposit with the commissioner:
(a) A corporate surety bond payable to the [State of Nevada,] commissioner on behalf of the fund for mortgage investors, in an amount, to be determined by the commissioner, no less than $25,000, executed by a corporate surety satisfactory to the commissioner and signed by one or more sureties approved by the commissioner, whose liabilities as sureties need not exceed the amount of the bond in the aggregate; or
(b) An irrevocable letter of credit [, subject to a period of discovery of 3 years from the date of expiration,] upon which the applicant is the obligor, issued by a bank approved by the commissioner, whose deposits are insured by the Federal Deposit Insurance Corporation.
2. The bond or letter of credit must be conditioned that the applicant shall conduct the business in accordance with the provisions of this chapter and all regulations adopted by the commissioner and pay all money that becomes due.
κ1983 Statutes of Nevada, Page 1379 (CHAPTER 514, AB 138)κ
all money that becomes due. The terms of the bond or letter of credit must be approved by the commissioner.
3. In lieu of depositing a bond or letter of credit, an applicant may deposit with the state treasurer, under terms prescribed by the banking division of the department of commerce:
(a) Money of the United States in an amount equal to the amount of the required bond; or
(b) A savings certificate of a federally insured financial institution in this state for an amount payable which is equal to the amount of the required bond and which is not available for withdrawal except by direct order of the commissioner. Interest earned under the certificate accrues to the account of the applicant.
[Such a deposit of money or a certificate may be retained for 3 years after the expiration or revocation of a license.]
4. If the applicant obtains a mortgage companys license, any deposit he has made pursuant to this section may be retained by the commissioner until the licensee qualifies to pay the annual fee for claims against persons licensed under this chapter.
Sec. 8. NRS 645B.050 is hereby amended to read as follows:
645B.050 1. [The] A mortgage companys license expires June 30 next after the date of issuance if it is not renewed. A license may be renewed by filing [a renewal] an application for renewal and paying the annual [license] fee for a license for the succeeding year. The application and payment must be [delivered or mailed to] received by the commissioner on or before June [15] 30 next preceding the expiration date. If the application or payment is [mailed after] not received by June [15, the applicant is subject to a penalty in the amount of 10 percent of the license fee. If a license has expired, an application must be made for an original license.] 30, the license is canceled. The commissioner may reinstate the license if the licensee pays the filing fee and a reinstatement fee of $200.
2. The commissioner shall require a licensee to deliver a financial statement prepared from his books and records by a public accountant who is certified or registered in this state. The financial statement must be dated not earlier than the close of the latest fiscal year of the company and must be submitted within 60 days thereafter.
3. The filing fees are:
(a) For filing an original application, $200 for the principal office and $75 for each branch office.
(b) For filing an original application from April 1 to June 30, inclusive, $100 for the principal office of a mortgage company.
(c) For filing an application for a [duplicate] copy of any license, upon satisfactory showing of its loss, $10.
(d) For filing [a renewal application, the filing fees are determined by the dollar volume of loans originated in the preceding calendar year ended December 31, in accordance with the following schedule:
κ1983 Statutes of Nevada, Page 1380 (CHAPTER 514, AB 138)κ
Under $1 million.............................................................................................. $200
$1 million to $2 million................................................................................... 250
$2 million to $3 million................................................................................... 300
$3 million to $4 million................................................................................... 350
$4 million to $5 million................................................................................... 400
$5 million to $10 million................................................................................. 500
Over $10 million.............................................................................................. 600]
an application for renewal, $500.
4. [All] Except as otherwise provided in this chapter, all fees received under this chapter must be deposited in the state treasury for credit to the state general fund.
Sec. 9. NRS 645B.060 is hereby amended to read as follows:
645B.060 1. Subject to the administrative control of the director of the department of commerce, the commissioner shall exercise general supervision and control over mortgage companies doing business in this state.
2. In addition to the other duties imposed upon him by law, the commissioner shall:
(a) Adopt reasonable regulations as may be necessary for making effective this chapter, except as to loan brokerage fees.
(b) Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter.
(c) Conduct such examinations, periodic or special audits, investigations and hearings, in addition to those specifically provided for by law, as may be necessary and proper for the efficient administration of the [mortgage company] laws of this state [.] regarding mortgage companies.
(d) Classify as confidential certain records and information obtained by the division when those matters are obtained from a governmental agency upon the express condition that they remain confidential. This paragraph does not limit examination by the legislative auditor.
(e) Conduct such examinations and investigations as are necessary to ensure that mortgage companies meet the requirements of this chapter for obtaining a license, both at the time of the application for a license and thereafter on a continuing basis.
Sec. 10. NRS 645B.100 is hereby amended to read as follows:
645B.100 1. Grounds for refusing to license any person as a mortgage company and grounds for suspending any license are that the applicant or licensee:
(a) Is insolvent;
(b) Is of bad business repute or has demonstrated his unworthiness to transact the business of a mortgage company;
(c) Does not conduct his business in accordance with law or has violated any provisions of this chapter;
(d) Is in such financial condition that he cannot continue in business with safety to his customers;
κ1983 Statutes of Nevada, Page 1381 (CHAPTER 514, AB 138)κ
(e) Has been guilty of fraud in connection with any transaction governed by this chapter;
(f) Has made any misrepresentations or false statement to, or concealed any essential or material fact from, any person in the course of [the mortgage company] his business;
(g) Has knowingly made or caused to be made to the commissioner any false representation of material fact or has suppressed or withheld from the commissioner any information which the applicant or licensee possesses, and which if submitted by him would have rendered the applicant or licensee ineligible to be licensed under this chapter;
(h) Has failed to account to persons interested for all money received for the impound trust account;
(i) Has refused to permit an examination by the commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the commissioner under the provisions of this chapter;
(j) Has been convicted of a felony or any misdemeanor of which an essential element is fraud; [or]
(k) Has refused or failed to pay, within a reasonable time, those expenses assessed to the mortgage company pursuant to NRS 645B.050 or 645B.070 [.] ;
(l) Has failed to satisfy a claim made by a client which has been reduced to judgment; or
(m) Has not conducted verifiable business as a mortgage company for 6 consecutive months, except in the case of a new applicant. The commissioner shall determine whether a company is conducting business by examining the monthly reports submitted by the licensee or by conducting an examination of the licensee.
2. It is sufficient cause for refusal or revocation of a license in the case of a partnership or corporation or any unincorporated association [if] that any member of the partnership or any officer or director of the corporation or association has been guilty of any act or omission which would be cause for refusing or revoking the registration of [an individual.] a natural person.
Sec. 11. NRS 645B.190 is hereby amended to read as follows:
645B.190 The provisions of this chapter do not apply to:
1. Any person doing business under the laws of this state or the United States relating to banks, mutual savings banks, trust companies, savings and loan associations, common and consumer finance companies, industrial loan companies, credit unions, thrift companies, insurance companies or real estate investment trusts as defined in 26 U.S.C. § 856.
2. An attorney at law rendering services in the performance of his duties as attorney at law.
3. A real estate broker rendering services in the performance of his duties as a real estate broker.
κ1983 Statutes of Nevada, Page 1382 (CHAPTER 514, AB 138)κ
4. Any firm or corporation which lends money on real property and is subject to licensing, supervision or auditing by the Federal National Mortgage Association as an approved seller or servicer.
5. Any person doing any act under order of any court.
6. Any one natural person, or husband and wife, who provides funds for investment in loans secured by a lien on real property, on his own account.
7. Agencies of the United States and of this state and its political subdivisions, including the public employees retirement system.
8. A seller of real property who offers credit secured by a mortgage of the property sold.
Sec. 12. NRS 238.100 is hereby amended to read as follows:
238.100 1. Except as provided in subsections 2 and 4, or by specific statute, any document or payment required or permitted by law or regulation to be filed or made by mailing to the state or any of its agencies or political subdivisions shall be deemed filed or made on the date of the postmark dated by the post office on the envelope in which it was mailed.
2. If [such] a document or payment was mailed but not received by the addressee or was received but the postmarked date is illegible or omitted, the document or payment shall be deemed filed or made on the date it was mailed, if the sender:
(a) Establishes by a postal receipt for registered or certified mail that the mailing date was on or before the required date for filing or payment; and
(b) Where the document or payment was not received, files a duplicate of the contents of the envelope within 15 days after [the sender] he becomes aware that it was not received.
3. For the purposes of this section, if the required date for filing or making payment is a Saturday, Sunday or legal holiday, [such] the filing or payment is timely if performed on the next day which is not a Saturday, Sunday or legal holiday.
4. This section does not apply to the filing of [election] documents under Title 24 of NRS.
Sec. 13. NRS 645B.195 is hereby repealed.
Sec. 14. Each mortgage company licensed in this state on July 1, 1983, which pays the annual fee provided for in section 5 of this act may withdraw its bond or letter of credit deposited pursuant to NRS 645B.030.
________
κ1983 Statutes of Nevada, Page 1383κ
Senate Bill No. 358Committee on Judiciary
CHAPTER 515
AN ACT relating to sports; creating the medical advisory board and providing for its organization and duties; increasing the amount and reducing the scope of insurance covering licensed boxers and wrestlers; providing for its payment to physicians or hospitals; and providing other matters properly relating thereto.
[Approved May 26, 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 the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. 1. The medical advisory board consisting of five members to be appointed by the governor is hereby created.
2. The governor shall designate one of the members of the board as its chairman.
3. After the initial terms, the governor shall appoint each member to a term of 4 years. If the position of a member is vacated, the governor shall appoint a qualified person to replace the member for the remainder of the unexpired term.
Sec. 3. Each member of the board must:
1. Be licensed to practice medicine pursuant to chapter 630 of NRS.
2. Have at least 5 years of experience in the practice of medicine at the time of his appointment.
Sec. 4. The board shall:
1. Prepare and submit to the commission appropriate standards for the physical and mental examination of boxers and wrestlers. No standard is effective until it is approved by the commission.
2. Recommend to the commission for licensing physicians who are qualified to examine boxers and wrestlers.
3. Advise the commission as to the physical or mental fitness of a boxer or wrestler if it so requests.
4. Prepare and submit to the legislature and the commission reports containing any recommendations for revisions in the law which it deems necessary to protect the health of boxers and wrestlers in this state.
Sec. 5. NRS 467.125 is hereby amended to read as follows:
467.125 The commission may, by [rule or] regulation:
1. Require insurance coverage for each licensed boxer or wrestler to provide for medical, surgical and hospital care for injuries sustained while [preparing for or] engaged in boxing or wrestling contests or exhibitions, in an amount of [$1,000] $5,000 or more payable to [such boxer or wrestler as] the physician or hospital which treated the boxer or wrestler for his injuries or, if he has paid for that care, directly to him or his beneficiary; or
κ1983 Statutes of Nevada, Page 1384 (CHAPTER 515, SB 358)κ
2. Authorize the formation of a nonprofit corporation to provide such benefits and the deduction of a prescribed percentage from the amount payable to each boxer, wrestler, manager and promoter for each contest or exhibition, to be paid over to and managed by [such] the corporation for [such] that purpose.
Sec. 6. The governor shall appoint to the medical advisory board five persons who are qualified pursuant to section 3 of this act to serve terms as follows:
1. Two of the members to terms expiring on June 30, 1985.
2. Three of the members to terms expiring on June 30, 1987.
________
Assembly Bill No. 303Assemblymen Banner, Thompson and Bremner
CHAPTER 516
AN ACT relating to insurance; authorizing the commissioner of insurance to investigate fraud relating to insurance; providing for assessments of insurers to support the commissioners investigations; providing for an exchange of information on fraud; designating the commissioner and his chief deputy as peace officers; and providing other matters properly relating thereto.
[Approved May 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 679B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. The commissioner shall establish a program within the division to investigate any act or practice which:
1. Violates the provisions of chapter 686A of NRS; or
2. Defrauds or is an attempt to defraud an insurer.
Sec. 3. To investigate fraudulent claims for benefits from a policy of insurance, the commissioner may:
1. Designate employees of the division as investigators to carry out the provisions of sections 2 to 7, inclusive, of this act.
2. Conduct investigations into such activities occurring outside this state, if necessary. To conduct these investigations, the commissioner or his investigators may:
(a) Travel outside this state;
(b) Cooperate with appropriate agencies or persons outside this state; or
(c) Designate those agencies to conduct investigations for the commissioner.
3. Assist officials of investigative or law enforcement agencies of any other state or the Federal Government who are investigating fraudulent claims and who request assistance from the commissioner.
κ1983 Statutes of Nevada, Page 1385 (CHAPTER 516, AB 303)κ
Sec. 4. 1. The commissioner, through his investigators, shall investigate fraudulent claims for benefits under an insurance policy.
2. The commissioner and his chief deputy are peace officers for the limited purposes of obtaining and exchanging information on applicants and licensees under Title 57 of NRS.
Sec. 5. 1. Every person in charge of an investigative or law enforcement agency within this state shall cooperate with the commissioner or his investigators and shall furnish the commissioner, upon his request, with any information necessary for his investigation of fraudulent claims.
2. The commissioner shall:
(a) Assist any official of an investigative or law enforcement agency of this state, any other state or the Federal Government who requests assistance in investigating fraudulent claims against an insurer; and
(b) Furnish to those officials any information, not otherwise confidential, concerning his investigation or his report on fraudulent claims.
Sec. 6. 1. The special investigative account is hereby established in the state general fund for use by the commissioner. The commissioner shall deposit all money received under this section with the state treasurer for credit to the account. Money remaining in the account at the end of any year does not lapse and may be used by the commissioner in any subsequent year.
2. The commissioner shall authorize expenditures from the special investigative account to pay the expenses incurred for investigating fraudulent claims.
3. All of the costs of the program established pursuant to section 2 of this act must be paid by the insurers authorized to transact insurance in this state. The commissioner shall annually determine the total cost and equally divide that amount among the insurers. The annual amount so assessed must not exceed $500 per authorized insurer. The commissioner may adopt regulations regarding the calculation and collection of the assessment.
Sec. 7. An insurer, employee or representative of an insurer, official of an investigative or law enforcement agency, employee of the division or the commissioner is not subject to a criminal penalty or subject to civil liability for libel, slander or any similar cause of action in tort if he, without malice, discloses information on a fraudulent claim or suspicious fire.
Sec. 8. NRS 679B.180 is hereby amended to read as follows:
679B.180 1. The commissioner may invoke the aid of the courts through injunction or other proper process, mandatory or otherwise, to enjoin any existing or threatened violation of any provision of this code, or to enforce any proper order made by him or action taken by him.
2. If the commissioner has reason to believe that any person has violated any provision of this code, or other law applicable to insurance operations, for which criminal prosecution in his opinion would be in order, he shall give the information relative thereto to the appropriate district attorney or to the attorney general.
κ1983 Statutes of Nevada, Page 1386 (CHAPTER 516, AB 303)κ
be in order, he shall give the information relative thereto to the appropriate district attorney or to the attorney general. The district attorney or attorney general shall promptly institute such action or proceedings against such person as in his opinion the information may require or justify.
3. If the commissioner requests the appropriate district attorney to prosecute a fraudulent claim, the district attorney shall, within 30 days after receiving the request:
(a) File a complaint; or
(b) Notify the commissioner in writing of the reasons for his refusal to prosecute the claim.
If the district attorney is unable, fails or refuses to prosecute the claim, the commissioner may request the attorney general to do so. If the attorney general has not begun to prosecute the claim within 60 days after the request by the commissioner, the attorney general shall inform the commissioner in writing of the reasons for the delay or for failing to prosecute the claim.
4. Except as otherwise provided in [Title 57 of NRS,] this code, the attorney general shall act as legal counsel to the division and the commissioner in all matters pertaining to the administration and enforcement of this code.
Sec. 9. NRS 679B.190 is hereby amended to read as follows:
679B.190 1. The commissioner shall carefully preserve in the division and in permanent form all papers and records relating to the business and transactions of the division, and shall hand [the same] them over to his successor in office.
2. Except as otherwise provided by subsections 3 and 5 and other provisions of this code, the papers and records [shall] must be open to public inspection.
3. Any records or information related to the investigation of a fraudulent claim by the commissioner are confidential unless:
(a) The commissioner releases the records or information for public inspection after determining that the release of the records or information will not harm his investigation or the person who is being investigated; or
(b) A court orders the release of the records or information after determining that the production of the records or information will not damage any investigation being conducted by the commissioner.
4. The commissioner may destroy unneeded or obsolete records and filings in the division in accordance with provisions and procedures applicable in general to administrative agencies of this state.
[4.] 5. The commissioner may classify as confidential certain records and information obtained from a governmental agency or other sources upon the express condition that they [shall] remain confidential, or be deemed confidential by the commissioner [; but no] . No filing required to be made with the commissioner under this code shall be deemed confidential unless expressly provided by law.
κ1983 Statutes of Nevada, Page 1387 (CHAPTER 516, AB 303)κ
Sec. 10. Chapter 686A of NRS is hereby amended by adding thereto the provisions set forth as sections 11 to 16, inclusive, of this act.
Sec. 11. As used in sections 11 to 16, inclusive, of this act, unless the context otherwise requires, the term investigative or law enforcement agency includes:
1. The state fire marshal;
2. The district attorney of the county where any fraudulent activity has occurred or a fraudulent claim has been made;
3. The chief or other officer of the fire department where a fire occurred; and
4. Any other agency in this state who has the authority to investigate the fraudulent claims or activities.
Sec. 12. 1. Any person, insurer or authorized representative of an insurer, who believes, or has reason to believe, that a fraudulent claim for benefits under a policy of insurance has been made, or is about to be made, shall report any information concerning that claim to the commissioner on a form prescribed by the commissioner.
2. The commissioner shall:
(a) Review each report of a fraudulent claim; and
(b) Determine whether an investigation should be made of the facts in the report.
3. During his investigation, the commissioner shall determine whether there is probable cause to believe that there was deceit, fraud or an intentional misrepresentation of a material fact in the claim.
4. If the commissioner determines that the provisions of chapter 686A of NRS have been violated he shall report his findings to the district attorney of the county where the violation occurred.
Sec. 13. 1. Every insurer shall provide information on a fraudulent claim to the commissioner, any investigative or law enforcement agency or any agency of the Federal Government if the insurer receives a request in writing for that information.
2. The information requested from an insurer may include:
(a) Information about the policy of insurance on the property which was demolished or destroyed, including information from the application for insurance;
(b) Information on previous claims made by the insured;
(c) Records of the premiums paid for the policy of insurance; and
(d) Information concerning the insurers investigation of the claim, including statements of any person, information submitted as proof of the loss, or any other relevant information on the claim.
Sec. 14. 1. If an insurer believes that a loss to an insured may have been caused by other than an accidental or natural occurrence, the insurer shall notify the commissioner in writing of the insurers reasons for so believing.
κ1983 Statutes of Nevada, Page 1388 (CHAPTER 516, AB 303)κ
2. Any insurer making such a report shall provide the commissioner with any information the insurer obtained during its investigation of the claim.
3. If the loss referred to in subsection 1 is believed to be caused by fire, the insurer shall also so notify an investigative or law enforcement agency.
Sec. 15. 1. Any insurer giving information to the commissioner or any investigative or law enforcement agency concerning an alleged fraudulent claim is entitled to receive, upon completion of the investigation or prosecution of the claim, whichever occurs later, any relevant information concerning the claim.
2. The commissioner or any investigative or law enforcement agency receiving information from another person, agency or insurer shall:
(a) Keep the information confidential and not release the information except pursuant to paragraph (a) of subsection 1;
(b) Provide information concerning its investigation of the claim to the insurer reporting the claim upon the completion of its investigation or a criminal prosecution, whichever occurs later; and
(c) Provide any documents necessary or allow its employees or agents to testify in any action by or against the insurer if the insurer or its insured furnished the information for the investigation or a criminal prosecution.
Sec. 16. Any person who knowingly and willfully:
1. Presents or causes to be presented to any insurer, any false, incomplete or misleading information concerning a material fact whether written or oral, as a part of or in support of any claim for payment, reimbursement or other benefit;
2. Assists, abets or conspires with another person to prepare, present or cause to be presented any false, incomplete or misleading information concerning a material fact, whether written or oral, as a part of, or in support of any claim for payment, reimbursement or other benefit; or
3. Conceals or fails to disclose any event affecting any persons initial or continued right to any benefit or payment to which the person is entitled,
shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 17. NRS 686A.290 is hereby amended to read as follows:
686A.290 1. An agent, broker, solicitor, examining physician, applicant or other person shall not knowingly or willfully [:
(a) Make] make any false or fraudulent statement or representation in or with reference to any application for insurance . [;
(b) For the purpose of obtaining any money or benefit, present or cause to be presented a false or fraudulent claim, or any proof in support of such a claim for the payment of the loss upon a contract of insurance; or
κ1983 Statutes of Nevada, Page 1389 (CHAPTER 516, AB 303)κ
cause to be presented a false or fraudulent claim, or any proof in support of such a claim for the payment of the loss upon a contract of insurance; or
(c) Prepare, make or subscribe a false or fraudulent account, certificate, affidavit or proof of loss, or other document or writing, with intent that the same may be presented or used in support of such a claim.]
2. Any person who violates this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 18. (Deleted by amendment.)
Sec. 19. NRS 477.030 is hereby amended to read as follows:
477.030 1. Except as provided in this section, the state fire marshal shall enforce all laws and adopt regulations relating to:
(a) Fire prevention.
(b) The storage and use of combustibles, flammables, fireworks and explosives.
(c) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, child care facilities, foster homes, adult group care facilities, intermediate care facilities, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly, and all other buildings where large numbers of persons work, live or congregate from time to time for any purpose. As used in this paragraph, public assembly means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.
(d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.
The regulations of the state fire marshal apply throughout the state, but, except with respect to state-owned or state-occupied buildings, his authority to enforce them or conduct investigations under this chapter is limited to those counties having a population of less than 100,000, except in those local jurisdictions in other counties where he is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction.
2. The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection purposes within this state, including the threads used on fire hose couplings and hydrant fittings.
3. The state fire marshal shall cooperate with the state forester firewarden in the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.
κ1983 Statutes of Nevada, Page 1390 (CHAPTER 516, AB 303)κ
4. The state fire marshal shall cooperate with the welfare division of the department of human resources in establishing reasonable minimum standards for, overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.
5. The state fire marshal shall coordinate all activities conducted pursuant to the Fire Research and Safety Act of 1968, 15 U.S.C. §§ 278f and 278g, and receive and distribute money allocated by the United States pursuant to that act.
6. The state fire marshal shall:
(a) Investigate any fire which occurs in a county having a population of less than 100,000, and from which a death results or which is of a suspicious nature.
(b) Investigate any fire which occurs in a county having a population of 100,000 or more, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.
(c) Cooperate with the commissioner of insurance in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.
(d) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.
7. The state fire marshal shall put the Uniform Fire Incident Reporting System into effect throughout the state on or before January 1, 1984, and publish at least annually a summary of data collected under the system.
8. The state fire marshal shall provide assistance and materials to local authorities, upon request, for establishment of public education programs and other fire prevention activities.
9. The state fire marshal shall:
(a) Assist in checking construction plans and specifications;
(b) Provide specialized training to local fire departments; and
(c) Assist local governments in drafting local regulations and ordinances,
on request or as he deems necessary.
Sec. 20. Every insurer authorized to do business in this state on or before July 1, 1983, shall pay $200 to the commissioner of insurance by September 1, 1983, as an assessment to be deposited in the special investigative account in the state general fund. The commissioner shall use this assessment to establish the program to investigate fraudulent claims against insurers.
Sec. 21. 1. For the fiscal years 1983-84 and 1984-85, the attorney general shall designate one of his deputies to act as counsel for the program established pursuant to section 2 of this act. He shall also employ, with the approval of the commissioner of insurance, such investigators as he deems necessary for the program.
κ1983 Statutes of Nevada, Page 1391 (CHAPTER 516, AB 303)κ
2. The persons so employed by the attorney general must receive their compensation from the assessments made pursuant to sections 6 and 20 of this act.
________
Assembly Bill No. 531Committee on Government Affairs
CHAPTER 517
AN ACT incorporating the City of Las Vegas in Clark County, Nevada, under a new charter; defining the boundaries thereof; and providing other matters properly relating thereto.
[Approved May 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The charter of the City of Las Vegas is as follows. Each section of the charter shall be deemed to be a section of this act for the purpose of any subsequent amendment.
ARTICLE I
Introductory and Organizational Provisions
Section 1.010 Purpose; other laws; notice.
1. In order to provide for the orderly government of the City of Las Vegas and the public health, safety, prosperity, security, comfort, convenience and general welfare of its citizens, the legislature hereby establishes this charter for the government of the City of Las Vegas.
2. Each power which is expressly granted by this charter is in addition to all of the purposes, powers, rights, privileges, immunities and duties which are granted to cities by the general law of the state. Each of the provisions of NRS which apply generally to cities (not including, unless otherwise expressly mentioned in this charter, chapter 265, 266 or 267 of NRS) and are not in conflict with the provisions of this charter applies to the City of Las Vegas.
3. Any notice which is provided for in this charter for any purpose is reasonably calculated to inform each interested person of any proceeding under this charter which may directly and adversely affect his legally protected rights, if any.
Sec. 1.020 Definitions. Except as otherwise provided in this charter, unless the context otherwise requires, the definitions which are provided in sections 1.030 to 1.090, inclusive, of this charter govern the construction of this charter.
Sec. 1.030 City defined. City means the City of Las Vegas in Clark County, Nevada.
Sec. 1.040 City council defined. City council, unless otherwise qualified, means the governing body of the city.
κ1983 Statutes of Nevada, Page 1392 (CHAPTER 517, AB 531)κ
Sec. 1.050 Councilman defined. Councilman means a member of the city council, other than the mayor.
Sec. 1.060 County defined. County means Clark County, Nevada.
Sec. 1.070 Newspaper defined. Newspaper means a newspaper which is qualified pursuant to chapter 238 of NRS, is printed and published in the city at least once each calendar week and is of general circulation in the city.
Sec. 1.080 Publication, publish defined.
1. Publication and publish each means publication in at least one newspaper for the number of times which is required by the specific section of this chapter.
Sec. 1.090 State defined. State means the State of Nevada.
Sec. 1.100 Construction of charter.
1. This charter, except where the context by clear implication otherwise requires, must be construed as follows:
(a) The titles or leadlines which are applied to the articles and sections of this charter are inserted only as a matter of convenience and ease in reference and in no way define, limit or describe the scope or intent of any provision of this charter.
(b) Words in the singular number include the plural, and words in the plural include the singular number.
(c) Words in the masculine gender include the feminine and the neuter, and words of the neuter gender refer to any gender.
2. This charter being necessary to secure and preserve the public health, safety, prosperity, security, comfort, convenience, general welfare and property of the citizens of the city, the rule of strict construction has no application to this charter, and it is expressly declared that it is the intent of the legislature that each of the provisions of this charter be liberally construed in order to effect the purposes and objects for which this charter is intended, and the specific mention of particular powers must not be construed as limiting in any way the general powers which are necessary to carry out the purposes and objects of this charter.
Sec. 1.110 Required notices: Words and figures.
Figures may be used instead of words, and words may be used instead of figures, in all notices, proceedings and other documents which are required by this charter or otherwise pertain to this charter.
Sec. 1.120 Incorporation of city.
1. All persons who are inhabitants of that portion of the state which is embraced within the limits set forth in subsection 2 of this charter constitute a political and corporate body by the name of City of Las Vegas, and by that name they and their successors must be known in law and have perpetual succession.
2. Description of territory. The territory which is embraced in the city is that certain land which is described in the official plat which is required by NRS 234.250 to be filed with the county recorder and county assessor, as this plat is revised from time to time pursuant to NRS 268.600.
κ1983 Statutes of Nevada, Page 1393 (CHAPTER 517, AB 531)κ
county assessor, as this plat is revised from time to time pursuant to NRS 268.600.
Sec. 1.130 Wards: Creation; boundaries.
1. The city must be divided into four wards, which must be as nearly equal in population as can conveniently be provided, and the territory which comprises each ward must be contiguous.
2. The boundaries of the wards must be established and changed by ordinance. The boundary of the wards must be changed whenever the population, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, in any ward exceeds the population in any other ward by more than 5 percent. The boundaries of the wards may be changed to include territory which has been annexed and whenever the population in any ward exceeds the population in any other ward by more than 5 percent by any measure which is found to be reliable by the city council.
Sec. 1.140 Elective offices.
1. The elective officers of the city consist of:
(a) A mayor.
(b) Four councilmen.
(c) Municipal judges.
2. The terms of office of the mayor, councilmen and, except as is otherwise provided in subsection 3 of section 4.010 of this charter, municipal judges are 4 years.
Sec. 1.150 Oath of office. Each person who is elected or appointed to fill any elective office must subscribe to the official oath as provided by the city council. Each of those persons must swear or affirm that he is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the city government.
Sec. 1.160 Elective offices: Vacancies.
1. A vacancy in the office of mayor, councilman or municipal judge must be filled by the majority vote of the entire city council or the majority vote of all of the remaining members, in the case of a vacancy on the city council, within 30 days after the occurrence of that vacancy. The appointee must have the same qualifications as are required of the elective official.
2. No appointment may extend beyond the first regular meeting of the city council which follows the next general municipal election, at which election the office must be filled for the remainder of the unexpired term, or beyond the first regular meeting of the city council after the Tuesday after the first Monday in the next succeeding June in an odd-numbered year, if no general municipal election is held in that year.
κ1983 Statutes of Nevada, Page 1394 (CHAPTER 517, AB 531)κ
ARTICLE II
Legislative Department
Sec. 2.010 General provisions.
1. The municipal government and the legislative power of the city is vested in a city council which consists of a mayor and four councilmen.
2. Members of the city council may vote on any lease, contract or other agreement which extends beyond their respective terms of office.
Sec. 2.020 Mayor and councilmen: Qualifications; terms of office; salary.
1. The mayor must be a qualified elector who has resided within the territory which is established by the boundaries of the city for a period of not less than 30 days immediately before the last day for filing a declaration of candidacy for that office and be elected by the registered voters of the city at large.
2. Each councilman must be a qualified elector who has resided within the ward which he represents for a period of not less than 30 days immediately before the last day for filing a declaration of candidacy for his office and be elected by the registered voters of that ward.
3. The mayor or any councilman automatically forfeits the remainder of his term of office and that office becomes vacant if he ceases to be a resident of the city or of the ward which he represents, as the case may be.
4. The respective salaries of the mayor and councilmen must be fixed by ordinance.
Sec. 2.030 Mayor: Duties; Mayor pro tempore: Duties.
1. The mayor shall preside over and conduct the meetings of the city council.
2. The city council shall elect one of its members to be mayor pro tempore. That person:
(a) Shall hold that office and title without additional compensation during the term for which he was elected as mayor pro tempore.
(b) Possesses the powers and shall perform the duties of mayor during the absence or disability of the mayor.
(c) Shall act as mayor until the next municipal election, if the office of mayor becomes vacant.
Sec. 2.040 Mayor and councilmen not to hold other office.
1. The mayor and councilmen may not:
(a) Hold any other elective office of the state or any political subdivision of the state or any other employment with the county or the city, except as is provided by law or as a member of a board or commission for which no compensation is received.
(b) Be elected or appointed to any office which was created, or the compensation for which was increased or fixed, by the city council until 1 year after the expiration of the term for which the mayor or councilman was elected or appointed.
κ1983 Statutes of Nevada, Page 1395 (CHAPTER 517, AB 531)κ
until 1 year after the expiration of the term for which the mayor or councilman was elected or appointed.
2. Any person who accepts any office which is proscribed by subsection 1 automatically forfeits his office as mayor or councilman.
Sec. 2.050 Meetings: Regular and special; time and place; notice.
1. The city council shall prescribe by ordinance the day or days, time and place of its regular meetings. At least one regular meeting must be held during each month.
2. The regular meeting day or days must remain unchanged unless notice of the proposed change is published in the manner provided for the publication of notices which are required by article VIII of this charter.
3. Special meetings may be held on the call of the mayor or of two councilmen, by giving a minimum of six hours written notice of the special meeting to the mayor and to each councilman before the meeting, served personally or left at his usual place of abode, but the mayor or any councilman may waive service of that notice upon him before, at or after the meeting.
4. At a special meeting:
(a) Unless all of the members of the city council are present, no business may be transacted except that which has been stated in the call of the meeting.
(b) No ordinance may be passed except an emergency ordinance or one whose enactment as if an emergency existed is permitted by chapter 350 of NRS or section 7.020 or 8.210 of this charter.
(c) No vote of the city council may be reconsidered unless there is present at least as large a number of the members of the city council as were present when the matter was previously voted upon.
Sec. 2.060 Meetings: Quorum.
1. A majority of all members of the city council constitutes a quorum to do business, but a lesser number may meet and recess from time to time or compel the attendance of the absent members, or both, under such penalties as may be prescribed by ordinance.
2. Unless otherwise provided by law, including sections 1.160, 2.100 and 3.050 and subsection 3 of section 2.110 of this charter, the concurrence of a majority of a quorum of the city council is necessary to pass any proposition.
Sec. 2.070 Oaths and affirmations. The mayor, each councilman and the city clerk may administer oaths and affirmations which relate to any business which pertains to the city before the city council or is to be considered by the city council.
Sec. 2.080 City council: Judging qualifications and discipline of members; power of subpena; enforcement of subpenas.
1. The city council may:
(a) Judge the qualifications and election of its own members.
(b) Adopt rules for the government of its members and proceedings.
κ1983 Statutes of Nevada, Page 1396 (CHAPTER 517, AB 531)κ
(c) Provide for the punishment of any member for disorderly conduct which is committed in its presence.
(d) Order the attendance of witnesses and the production of all documents which relate to any business before the city council.
2. In order to assure the attendance of witnesses and the production of documents, if any person who is ordered to appear before the city council fails to obey that order:
(a) The city council or any member thereof may apply to the clerk of the district court for a subpena which commands the attendance of that person before the city council.
(b) The clerk of the district court may issue the subpena, and any peace officer may serve it.
(c) If the person upon whom the subpena is served fails to obey it, the court may issue an order to show cause why that person would not be held in contempt of court and, upon a hearing of the matter, may adjudge that person guilty of contempt and punish him accordingly.
Sec. 2.090 Powers of city council: Ordinances; resolutions and orders.
1. The city council may make and adopt all ordinances, resolutions and orders, not repugnant to the Constitution of the United States or the constitution of the State of Nevada or the provisions of NRS or of this charter, which are necessary for the municipal government, the management of the affairs of the city and the execution of all of the powers which are vested in the city.
2. The city council may enforce those ordinances by providing penalties which do not exceed those which are established by the legislature for misdemeanors.
3. The city council may not adopt any ordinance which provides for an increase or a decrease in the salary of any elective officer to take effect during the term for which that officer is elected or appointed, but the city council may by ordinance increase or decrease the salary for any elective office at any time before the day preceding the last day for filing a declaration of candidacy for that office for the next succeeding term to take effect on the first day of the next succeeding term.
Sec. 2.100 Ordinances: Adoption by bill; amendments; subject matter; title.
1. No ordinance may be adopted except by bill and by the majority vote of the entire city council. The style of all ordinances must be as follows: The City Council of the City of Las Vegas does ordain:.
2. No ordinance may contain more than one general subject matter and matters which pertain to or are necessarily connected with the general subject matter, and the subject must be briefly indicated in the title. If the subjects of the ordinance are not expressed in the title, the ordinance is void as to those matters which are not expressed in the title.
κ1983 Statutes of Nevada, Page 1397 (CHAPTER 517, AB 531)κ
3. Any ordinance which amends an existing ordinance or an existing section or sections of a codification of ordinances must set out in full the ordinance or sections of the ordinance or the section or sections of the codification of ordinances which are to be amended and indicate any matter to be omitted by enclosing it in brackets and any new matter by underscoring it or by italics.
Sec. 2.110 Ordinances: Procedure for enactment; emergency ordinances.
1. All proposed ordinances, when they are first proposed, must be read to the city council by title and referred for consideration to a committee which is composed of any number of members of the city council who are designated by the mayor, after which an adequate number of copies of the proposed ordinance must be deposited with the city clerk for public examination and distribution upon request. Except as otherwise provided in subsection 3 and for the adoption of specialized or uniform codes, notice of the deposit must be published once at least 10 days before the adoption of the ordinance. The city council must adopt or reject the ordinance, or an amendment thereto, within 30 days after the date of that publication.
2. At the first regular meeting of the city council, or any adjournment of that meeting, after the proposal of an ordinance and its reference to a committee, the committee must report to the city council with respect to the proposed ordinance, at which time the committee may request additional time to consider it. The committee must complete its additional consideration of the proposed ordinance and report its recommendations to the board with the 30-day period which is specified in subsection 1. After a recommendation by the committee for the adoption of the proposed ordinance, the proposed ordinance must be read by title as first introduced, or as amended, and finally voted upon or action thereon postponed, but the proposed ordinance must be adopted, with or without amendments, or rejected within 30 days after the date of the publication which is provided for in subsection 1.
3. In cases of emergency or where the ordinance is of a kind whose enactment as if an emergency existed is permitted by chapter 350 of NRS or section 7.020 or 8.210 of this charter, final action, upon the unanimous vote of the entire city council, may be taken immediately or at a special meeting which has been called for that purpose, and no notice of the filing of copies of the proposed ordinance with the city clerk need be published.
4. Each ordinance must be signed by the mayor, attested by the city clerk and published at least once by title, together with the names of the members of the city council who voted for or against its adoption, and the ordinance becomes effective on the day after that publication. The city council may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.
5. The city clerk shall record all ordinances which have been adopted in a register which is kept for that purpose, together with the affidavits of publication by the publisher.
κ1983 Statutes of Nevada, Page 1398 (CHAPTER 517, AB 531)κ
adopted in a register which is kept for that purpose, together with the affidavits of publication by the publisher.
Sec. 2.120 Powers of city council: Exercise by ordinance.
When a power is conferred upon the city council to do and perform any act or thing, and the manner of exercising that power is not specifically provided, the city council may provide by ordinance the manner and details which are necessary for the full exercise of that power.
Sec. 2.130 Powers of city council: Denial, suspension or revocation of work permit; appeal to city council. Whenever under any city ordinance a person is required to obtain a work permit or an identification card from the sheriff of the Las Vegas Metropolitan Police Department or any city officer as a condition of employment in any establishment which has been determined to be privileged by the city council and licensed by the city, and his work permit or identification card is denied, suspended or revoked by the sheriff or city officer, the person aggrieved may appeal from that action to the city council by filing a written notice of appeal with the city clerk within 10 days after the date of the denial, suspension or revocation of his work permit or identification card.
Sec. 2.140 Powers of city council: Public property, buildings.
1. The city council may:
(a) Erect and maintain all buildings which are necessary for the use of the city.
(b) Purchase, receive, hold, sell, lease, convey and dispose of property, real, personal or mixed and wherever situate, for the benefit of the city, improve and protect that property and do all other things in relation to that property which a natural person might or could do.
(c) Acquire property within or without the corporate boundaries of the city for any city purpose, in fee simple or any lesser interest or estate, by purchase, exchange, gift, demise, lease or condemnation.
(d) Sell, exchange, lease, hold, manage and control the property of the city as the interest of the city may require or as will result in the maximum benefit to the city from that action.
(e) Purchase or sell property for industrial development. Any property which is purchased or sold for industrial development may be purchased or sold above, at or below its fair market value upon a finding by the city council that the purchase or sale of that property will have a favorable effect upon the industrial development of the city.
2. The city council may not, except as is otherwise specifically provided in this charter or in any other law, mortgage, hypothecate or pledge any property of the city for any purpose.
Sec. 2.150 Powers of city council: Licensing, regulation and prohibition of businesses, trades and professions.
1. The city council may:
(a) Except as is otherwise provided in subsection 2, license and regulate all lawful businesses, trades and professions.
κ1983 Statutes of Nevada, Page 1399 (CHAPTER 517, AB 531)κ
(b) Fix, impose and collect a license tax for regulation or for revenue, or both, upon all businesses, trades and professions and provide an equitable standard for fixing those license taxes.
(c) Suspend or revoke the license of any business, trade or profession for failing to comply with any regulation of the city in such manner as may be prescribed by ordinance.
2. No person, firm or corporation which is licensed by an agency of the state to conduct or practice any business, trade or profession, except as is otherwise provided in subsection 3, may be denied a license to conduct or practice that business, trade or profession, nor may the license be suspended or revoked, if:
(a) That person, firm or corporation complies with all of the regulations which are established by that agency and pays to the city such license taxes and related fees and posts such bond or bonds as may be prescribed by ordinance; and
(b) The location of the business, trade or profession complies with all of the requirements of all of the zoning, building, plumbing, electrical, safety and fire prevention codes or regulations of the city.
3. The city council may provide by ordinance regulations which restrict the number, location and method of operation of and the qualifications for ownership in:
(a) Liquor-dispensing or gaming establishments, or both;
(b) Businesses which are engaged in the manufacture or distribution, or both, of liquor or gaming devices; and
(c) Such other businesses, trades and professions as may be declared by ordinance to be privileged,
and regulations which prescribe the circumstances under and the manner in which licenses with respect to those establishments, businesses, trades and professions may be denied, limited, suspended or revoked.
Sec. 2.160 Powers of city council: Police ordinances.
1. The city council may enact and enforce such local police ordinances as are not in conflict with the general laws of the state.
2. Any offense which is made a misdemeanor by the laws of the state shall also be deemed to be a misdemeanor against the city whenever that offense is committed within the city.
Sec. 2.170 Powers of city council: Fire protection; regulation of explosives, inflammable materials; fire codes and regulations. The city council may:
1. Organize, regulate and maintain a fire department.
2. Regulate or prohibit the storage in or the transportation through the city of any explosive, combustible or inflammable material and prescribe the location within the city where those materials may be kept.
3. Establish by ordinance a fire code and other regulations which are necessary to provide for the prevention of and protection against fires and to carry out the purposes of this section.
κ1983 Statutes of Nevada, Page 1400 (CHAPTER 517, AB 531)κ
are necessary to provide for the prevention of and protection against fires and to carry out the purposes of this section.
4. Suspend or revoke the license of any business for its failure to comply with any regulation which is adopted pursuant to this section.
Sec. 2.180 Powers of city council: Public health; board of health; regulations. The city council may:
1. Provide for safeguarding the public health in the city.
2. Create a board of health and prescribe the powers and duties of that board.
3. Provide for the enforcement of all regulations and quarantines which are established by the board of health by imposing adequate penalties for violations of those regulations and quarantines.
Sec. 2.190 Powers of city council: Treatment of alcoholics and narcotics addicts. The city council may provide for the treatment and rehabilitation of alcoholics and narcotic addicts in city facilities or for the support and maintenance of those alcoholics and addicts and their treatment and rehabilitation in facilities which are furnished by individual persons or private or public institutions, corporations or associations.
Sec. 2.200 Powers of city council: Buildings; construction and maintenance regulations; building and safety codes. Subject to the limitations which are contained in NRS 278.580, 278.583 and 444.340 to 444.430, inclusive, the city council may:
1. Regulate all matters which relate to the construction, maintenance and safety of buildings, structures and property within the city.
2. Adopt any building, electrical, plumbing, mechanical or safety code which is necessary to carry out the provisions of this section and establish such fees as may be necessary.
Sec. 2.210 Powers of city council: Zoning and planning.
1. The city council may:
(a) Divide the city into districts and regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land within those districts.
(b) Establish and adopt ordinances and regulations which relate to the subdivision of land.
2. The city council must carry out the provisions of subsection 1 in the manner which is prescribed by chapter 278 of NRS.
Sec. 2.220 Powers of city council: Rights of way, parks, public buildings and grounds and other public places. The city council may:
1. Lay out, maintain, alter, improve or vacate all public rights of way in the city.
2. Regulate the use of public parks, buildings, grounds and rights of way and prevent the unlawful use of those public places.
3. Require landowners to keep the adjacent streets, sidewalks, public parks, buildings and grounds free from encroachments or obstructions.
4. Regulate and prevent in all public places:
κ1983 Statutes of Nevada, Page 1401 (CHAPTER 517, AB 531)κ
(a) The distribution and exhibition of handbills or signs.
(b) Any practice which tends to annoy persons passing in those public places.
(c) Public demonstrations and processions.
5. Prevent riots or any act which tends to promote riots in any public place.
Sec. 2.230 Powers of city council: Traffic control. The city council may by ordinance regulate:
1. All vehicular, pedestrian and other traffic within the city and provide generally for the public safety on the public streets, publicly owned parking lots, parking areas to which the public is invited and public rights of way.
2. The length of time for which vehicles may be parked upon the public streets and publicly owned parking lots.
Sec. 2.240 Powers of city council: Parking meters; offstreet public parking facilities.
1. The city council may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property which is made available for public parking. The parking fees which are to be charged for the use of the parking facilities which are regulated by parking meters must be fixed by the city council.
2. Except as is otherwise provided in this charter, the city council may acquire property within the city by any lawful means, including eminent domain, for the purpose of establishing public parking facilities for vehicles off the streets. The city council may, in any bonds which are issued to acquire property for this purpose, pledge the revenues from parking on the streets or the general credit of the city, or both, to secure the payment of the principal and interest on those bonds.
Sec. 2.250 Powers of city council: Rail transportation.
The city council may:
1. License, regulate, establish or prohibit any means of transportation which has a fixed guide or rail in, upon, over or under any public right of way.
2. Grant a franchise to any person, firm or corporation to operate any means of transportation in, upon, over or under the public rights of way and adjacent property.
3. Declare a nuisance and require the removal of the fixed guides or rails of any means of transportation in, upon, over or under any public right of way.
4. Subject to NRS 704.300, condemn rights of way for any public purpose across a right of way which is owned or otherwise controlled by any company which owns or operates any means of transportation.
5. Prescribe the length of time any public right of way may be obstructed by trains or similar means of conveyance standing on that right of way.
κ1983 Statutes of Nevada, Page 1402 (CHAPTER 517, AB 531)κ
6. Require any company which owns or operates any means of transportation to provide protection against injuries to persons or property.
7. Require railroad companies to fence their tracks and to construct cattle guards and crossings and keep them in repair.
8. Compel any company which owns or operates any means of transportation to provide a means by which the drainage from the property which is adjacent to its right of way is not to be impaired.
9. Subject to NRS 704.300, compel any company which owns or operates any means of transportation to raise or lower its fixed guides or rails to conform to any grade which has been or will be established by the city, so that those guides or rails may be crossed over or under at any place on the public right of way.
Sec. 2.260 Powers of city council: Nuisances. The city council may:
1. Determine by ordinance what are nuisances.
2. Provide for the abatement, prevention and removal of those nuisances at the expense of the person who creates, causes or commits those nuisances.
3. Provide that the expense of removal of those nuisances is a lien upon the property upon which each nuisance is located. That lien:
(a) Must be perfected by filing with the county recorder a statement by the city clerk in which he states the amount of the expenses which are due and unpaid and describes the property which is subject to the lien.
(b) Is coequal with the latest lien upon that property to secure the payment of general taxes.
(c) Is not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(d) Is prior and superior to all liens, claims, encumbrances and titles, other than the liens of assessments and general taxes.
(e) May be enforced or foreclosed in such manner as may be prescribed by ordinance.
4. Provide any other penalty for or punishment of any person who is responsible for any nuisance.
Sec. 2.270 Powers of city council: Animals and poultry.
The city council may:
1. Fix, impose and collect an annual license tax on all animals and provide for the capture and disposal of all of the animals with respect to which that tax is not paid.
2. Regulate or prohibit the running at large and disposal of all kinds of animals and fowl.
3. Establish, operate and maintain an animal shelter.
4. Prohibit cruelty to animals.
5. Provide regulations for the prevention of diseases of animals and fowl.
κ1983 Statutes of Nevada, Page 1403 (CHAPTER 517, AB 531)κ
Sec. 2.280 Powers of city council: Abatement of noxious insects, rats and disease-bearing organisms. The city council may take all steps which are necessary and proper for the extermination of noxious insects, rats and other disease-bearing organisms, either in the city or in the territory which is outside the city but so situate that insects, rats and disease-bearing organisms may migrate or be carried into the city.
Sec. 2.290 Powers of city council: Sanitary sewer facilities. The city council may:
1. Provide for a sanitary sewer system, or any part of a sanitary sewer system, and obtain property for that system, either within or without the city.
2. Sell any product or byproduct of that system and acquire the appropriate outlets, both within and without the city, and extend the sewerlines to those outlets.
3. Establish sewer service fees or sewer connection fees, or both, and provide for the enforcement and collection of those fees.
Sec. 2.300 Powers of city council: Provision of utilities. The city council may:
1. Provide, by contract, franchise or public ownership or operation, for any utility to be furnished to the residents of the city.
2. Provide for the construction and maintenance of any facility which is necessary for the provision of those utilities.
3. Prescribe, revise and collect rates, fees, tolls and charges, including fees for connection, for the services, facilities or commodities which are furnished by any municipally owned or municipally operated utility or undertaking and no rate, fee, toll or charge for the services, facilities or commodities which are furnished by any municipally owned or municipally operated utility or undertaking may be prescribed, revised, amended, altered, increased or decreased without proceeding as follows:
(a) There must be filed with the city clerk and available for public inspection schedules of all rates, fees, tolls and charges which the city has established and which are in force at that time for any service which is performed or product which is furnished in connection with any utility which is owned or operated by the city.
(b) No change may be made in any or those schedules except upon 30 days notice to the inhabitants of the city and the holding of a public hearing with respect to the proposed change. Notice of the proposed change must be given by at least two publications during the 30-day period before the hearing.
(c) At the time which is set for the hearing on the proposed change, any person may appear and be heard and offer any evidence in support of or against the proposed change.
(d) Every utility which is owned or operated by the city must furnish reasonably adequate service and facilities, and the charges which are made for any service which is or wil be rendered, or for any service which is connected with or incidental to any service which is or will be rendered, by the city must be just and reasonable.
κ1983 Statutes of Nevada, Page 1404 (CHAPTER 517, AB 531)κ
which is connected with or incidental to any service which is or will be rendered, by the city must be just and reasonable.
4. Any rate, fee, toll or charge, including any fee for connection which is due for services, facilities or commodities which are furnished by the city or by any utility which is owned or operated by the city pursuant to this section is a lien upon the property to which the service is rendered. That lien:
(a) Must be perfected by filing with the county recorder of the county a statement by the city clerk in which he states the amount which is due and unpaid and describes the property which is subject to the lien.
(b) Is coequal with the latest lien upon that property to secure the payment of general taxes.
(c) Is not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(d) Is prior and superior to all liens, claims, encumbrances and titles, other than the liens of assessments and general taxes.
(e) May be enforced and foreclosed in such manner as may be prescribed by ordinance.
Sec. 2.310 Powers of city council: Acquisition or establishment of city utility.
1. The city council, on behalf of the city and in its name, may acquire, establish, hold, manage and operate, either alone or with any other government or any instrumentality or subdivision of any government, any public utility in the manner which is provided in this section.
2. The city council must adopt a resolution which sets forth fully and in detail:
(a) The public utility which is proposed to be acquired or established.
(b) The estimated cost of that utility, as shown in a recent report, which has been approved by the city council, of an engineer or consulting firm which had previously been appointed by the city council for that purpose.
(c) The proposed bonded indebtedness which must be incurred in order to acquire or establish that utility, the terms, amount and rate of interest of that indebtedness and the time within which, and the fund from which, that indebtedness is redeemable.
(d) That a public hearing on the advisability of acquiring the public utility will be held at the first regular meeting of the city council after the final publication of the resolution.
3. The resolution must be published in full at least once a week for 4 successive weeks.
4. At the first regular meeting of the city council, or any adjournment of that meeting, after the completion of the publication, the city council may, without an election, enact an ordinance for that purpose, which must conform in all respects to the terms and conditions of the resolution, unless, within 30 days after the final publication of the resolution, a petition is filed with the city clerk which has been signed by a number of registered voters of the city which is not less that 15 percent of the registered voters of the city, as shown by the last preceding registration list, who own not less than 10 percent in assessed value of the taxable property within the city, as shown by the last preceding tax list or assessment roll, and which prays for a special election in the city on the question of the enactment of the proposed ordinance.
κ1983 Statutes of Nevada, Page 1405 (CHAPTER 517, AB 531)κ
a number of registered voters of the city which is not less that 15 percent of the registered voters of the city, as shown by the last preceding registration list, who own not less than 10 percent in assessed value of the taxable property within the city, as shown by the last preceding tax list or assessment roll, and which prays for a special election in the city on the question of the enactment of the proposed ordinance. Upon the filing of that petition, the proposed ordinance may not be enacted or be valid or effective for any purpose unless, at a regular election or a special election which is called for that purpose, a majority of the votes which are cast in that election are cast in favor of the enactment of the ordinance.
5. If the proposed ordinance is adopted, either without an election or as a result of an election, the city council may issue bonds to obtain revenue for acquiring or constructing systems, plants, works, instrumentalities and properties which are needed in connection with that public utility.
Sec. 2.320 Powers of city council: Cemeteries; acquisition and maintenance. The city council may, by any lawful means, acquire, control and maintain property for public use as cemeteries and may from time to time enlarge, abolish or sell any cemetery which has been established or is owned by the city.
Sec. 2.330 Powers of city council: Television franchises.
1. The city council may contract with, authorize or grant a franchise to any person, firm or corporation to construct, maintain and operate a television installation system which requires the use of city property, or that portion of the city which is dedicated to public use, for the maintenance of cables or wires underground, on the surface or on poles for the transmission of television images.
2. Any franchise which is granted pursuant to this section must establish a time within which actual construction must be commenced and a time within which the distribution of television images must be available and may require the posting of a bond in an amount to be determined by the city council in order to assure compliance with the franchise.
3. The procedure for the granting of franchises generally, as provided in section 7.050 of this charter, applies to any franchise which is proposed to be granted pursuant to this section.
Sec. 2.340 Powers of city council: Municipal services.
The city council may provide, either alone or with any other government or any instrumentality or subdivision of any government, by lease, contract or franchise, for any of the following municipal services:
1. Ambulance services;
2. Computer services;
3. Fire protection and suppression;
4. Garbage collection and disposal;
5. Inspection services;
κ1983 Statutes of Nevada, Page 1406 (CHAPTER 517, AB 531)κ
6. Police protection and watchmen;
7. Search and rescue;
8. Transportation services, including towing and wrecking services; and
9. Other municipal services which are deemed by the city council to be in the public interest.
Sec. 2.350 Powers of city council: General. The city council has such other powers, which are not in conflict with the express or implied provisions of this charter, as are conferred generally by statute upon the governing bodies of cities which are organized under special charters.
ARTICLE III
Executive Department
Sec. 3.010 Mayor: Executive powers. The mayor:
1. Is the chief executive officer of the city government.
2. Shall take all proper measures for the preservation of the public peace and order and the suppression of riots, tumults and all forms of public disturbances, for which purposes he may request assistance from the sheriff of the Las Vegas Metropolitan Police Department. If the local law enforcement forces are inadquate, he may call upon the governor for military aid in the manner provided by law.
3. Shall perform such other emergency duties as may be necessary for the public health, safety, prosperity, security, general welfare and orderly government of the city and its inhabitants.
4. Must sign all contracts, resolutions and ordinances which have been approved by the city council. If the mayor refuses to sign any contract, resolution or ordinance which has been approved by the city council within 5 days after he has received it, the mayor pro tempore shall, at the direction of the city council which is given at a duly convened meeting of the city council, sign that contract, resolution or ordinance.
5. Perform such other duties as may be prescribed by ordinance or by the provisions of NRS which apply to a mayor of a city which is organized under the provisions of a special charter.
Sec. 3.020 Mayor and councilmen: Executive assistants; employees. The mayor and councilmen may recommend such executive assistants and employees as they may require, to be appointed by the city manager subject to the ratification of the city council.
Sec. 3.030 City manager: Appointment; duties; salary. The city council shall appoint a city manager as the chief administrative officer of the city, and fix his salary. The city manager is responsible to the city council for the efficient and proper administration of all of the affairs of the city. In this connection, he shall:
1. Exercise careful supervision of the citys general affairs.
κ1983 Statutes of Nevada, Page 1407 (CHAPTER 517, AB 531)κ
2. Exercise control over all of the departments and divisions of city government and over all of the officers and employees of the city.
3. From time to time, give to the city council information in writing concerning the state of the city and recommend to the city council the adoption of such measures, bills and programs as he deems are necessary, appropriate, expedient or beneficial to the city.
4. Cause to be prepared and submit to the city council the annual budget of the city.
5. See that all general laws and ordinances of the city are observed and enforced.
6. See that all contracts of the city are faithfully kept and fully performed and, to that end and in any case in which it is necessary or appropriate in order to protect the interests of the city, must, with the approval of the city council, cause legal proceedings to be instituted or defended at the expense of the city.
7. Execute those contracts and other documents the execution of which is delegated, either specifically or generally, to him by the city council.
8. Perform such other administrative duties as are designated by the city council or as may be prescribed by ordinance.
9. Have no other employment.
Sec. 3.040 City manager: Additional powers. In addition to the duties which are imposed upon him by section 3.030 of this charter, the city manager may:
1. Appoint such deputies, administrative assistants and clerical personnel as he deems necessary.
2. Require from each municipal judge and each appointive officer of the city at any time a report in detail with respect to all of the transactions of their respective offices or of any matters which are connected with their respective offices.
Sec. 3.050 City manager: Removal.
1. The city council may remove the city manager from office in accordance with the procedure which is contained in this section.
2. The city council must adopt, by the affirmative vote of a majority of its entire membership, a preliminary resolution which must state the reasons for the proposed removal and may suspend the city manager from duty for a period not to exceed 15 days. A copy of the resolution must be delivered promptly to the city manager.
3. Within 5 days after a copy of the resolution is delivered to the city manager, he may file with the city clerk a written request for a public hearing. The public hearing must be held at a meeting of the city council not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with each member of the city council a written reply to the reasons which are stated in the resolution not later than 5 days before the hearing.
4. The city council may adopt a final resolution of removal, which may be made effective immediately, by the affirmative vote of a majority of its entire membership at any time after 5 days after the date on which the copy of the preliminary resolution was delivered to the city manager, if he has not requested a public hearing, or at any time after the public hearing, if he has requested one.
κ1983 Statutes of Nevada, Page 1408 (CHAPTER 517, AB 531)κ
may be made effective immediately, by the affirmative vote of a majority of its entire membership at any time after 5 days after the date on which the copy of the preliminary resolution was delivered to the city manager, if he has not requested a public hearing, or at any time after the public hearing, if he has requested one.
5. The city manager is entitled to receive his salary until the effective date of the final resolution of removal. The discretionary decision of the city council in suspending or removing the city manager is not subject to review by any agency or court.
Sec. 3.060 Creation of departments, divisions. The city council may provide by ordinance for such departments and divisions of departments as the affairs of the city may require.
Sec. 3.070 Appointive officers: Appointment by city manager. The city manager shall appoint the following officers, subject to ratification by the city council:
1. Director of financial management.
2. Director of public services.
3. Fire chief.
4. City clerk.
5. City attorney.
6. A director of each department which is established pursuant to section 3.060 of this charter.
7. Such other officers as may be necessary.
Sec. 3.080 Appointive officers: Deputies, employees.
1. Appointive officers may recommend for appointment by the city manager such deputies and employees as they may require.
2. Deputies of the appointive officers have the same powers as their principals.
Sec. 3.090 City clerk: Duties. The city clerk shall:
1. Keep the corporate seal and all papers and records which belong to the city.
2. Keep a record of the proceedings of the city council and attend all meetings of the city council.
3. Attest to the signature of the mayor or mayor pro tempore on all contracts, resolutions, ordinances and other documents which have been approved by the city council and signed by the mayor or mayor pro tempore.
Sec. 3.100 City attorney: Qualifications; duties; private practice prohibited.
1. The city attorney must be:
(a) A duly licensed member, in good standing, of the State Bar of Nevada.
(b) The legal officer of the city and, as such, shall advise the city council and all offices of the city in all matters with respect to the affairs for the city and perform such duties as may be designated by the city council or prescribed by ordinance.
2. The city attorney and deputy city attorneys may not engage in the private practice of law.
κ1983 Statutes of Nevada, Page 1409 (CHAPTER 517, AB 531)κ
Sec. 3.110 Appointment of special counsel; expenses. The city council may employ special counsel to aid the city attorney whenever in its judgment the public interest requires that employment, and the expense of employing special counsel must be allowed and paid in the same manner as other claims against the city.
Sec. 3.120 County assessor to be city assessor; duties.
1. The county assessor of the county is, ex officio, the city assessor of the city.
2. At the request of the assessor, the city council may appoint and fix the salary of a deputy city assessor to perform such duties with respect to city assessments as the city council deems are necessary.
Sec. 3.130 Department of financial management: Director; qualification, duties.
1. The city council shall establish a department of financial management, the head of which is the director of financial management. The department of financial management may also include such other qualified personnel as the city manager determines are necessary properly to handle the financial matters of the city.
2. The director of financial management:
(a) Must have knowledge of municipal accounting and taxation.
(b) Must have experience in budgeting and financial control.
(c) Has charge of the administration of the financial affairs of the city.
(d) Must provide a surety bond in the amount which is fixed by the city council.
(e) Shall perform or cause to be performed on behalf of the city all of the duties and responsibilities which are imposed upon the city by NRS 354.470 to 354.626, inclusive.
3. The city council may establish by ordinance such regulations as it deems are necessary for the proper conduct of the department of financial management and its officers and employees.
Sec. 3.140 Department of financial management: Audits.
1. The department of financial management shall maintain complete records of all fiscal transactions of and claims against the city.
2. Before payment, all claims and accounts against the city must be approved by the department of financial management. No money may be paid for any purpose except by following procedures which have been approved by the city council. The city treasurer shall prepare all warrants, to be drawn against the proper accounts, in payment of those claims. The warrants which are issued must bear the signatures of the director of financial management and the city treasurer, if any. Facsimile signatures may be permitted under the procedures which are prescribed by ordinance.
Sec. 3.150 City treasurer: Duties.
1. The director of financial management may recommend for appointment by the city manager a city treasurer.
2. The city treasurer:
κ1983 Statutes of Nevada, Page 1410 (CHAPTER 517, AB 531)κ
(a) Shall perform such duties as may be designated by the director of financial management or prescribed by ordinance.
(b) Must provide a surety bond in the amount which is fixed by the city council.
Sec. 3.160 Director of financial management, city treasurer: Official bonds. The director of financial management and city treasurer are liable and accountable on their official bonds for the performance of their duties under the provisions of this charter, and the city council may require from them such additional security as may be necessary from time to time.
Sec. 3.170 City auditor: Duties.
1. The director of financial management may recommend for appointment by the city manager a city auditor.
2. The city auditor shall perform such duties as may be designated by the director of financial management or prescribed by ordinance.
Sec. 3.180 Appointive officers: Qualification; duties restricted and altered.
1. The city council may prescribe by ordinance the qualifications, powers and duties of all appointive officers of the city, if those qualifications, powers and duties have not been established by this charter, and may add to, alter or restrict those qualifications, powers and duties from time to time.
2. The city manager may designate such additional qualifications, powers and duties of all of the appointive city officers, which are not in conflict with the provisions of this charter or any ordinance which prescribes those qualifications, powers and duties, as he may deem are necessary or appropriate and may add to, alter or restrict those qualifications, powers and duties from time to time.
Sec. 3.190 Director of public services: Qualifications. The director of public services must be a registered professional engineer in the state and have such other qualifications as may be prescribed by ordinance.
Sec. 3.200 City engineer: Qualifications; duties.
1. The director of public services may recommend for appointment by the city manager a city engineer, who must be a registered professional engineer in the state.
2. The city engineer shall perform such duties as may be designated by the director of public services or prescribed by ordinance.
Sec. 3.210 Appointive officers: Removal. Each appointive officer serves at the pleasure of the city manager and may be removed by him at any time, subject to ratification by the city council.
Sec. 3.220 Appointive officers: Performance of duties; salary.
1. All appointive officers of the city, except the city manager and the board of civil service trustees, must have such qualifications and powers and perform such duties, under the direction of the city manager, as may be designated by the city manager or are prescribed, conferred or imposed by ordinance, this charter or general law.
κ1983 Statutes of Nevada, Page 1411 (CHAPTER 517, AB 531)κ
2. All appointive officers of the city and their deputies must receive such salary as may be designated by the city manager within the salary ranges which have been established for their respective positions by the city council.
Sec. 3.230 Appointive officers; city managers direction; administration of departments. All departments, offices and agencies, except the city manager and the board of civil service trustees, are under the general direction and supervision of the city manager and must be administered by an officer who is subject to the immediate direction and supervision of the city manager. With the consent of the city council, the city manager may serve also as the director of one or more departments, offices or agencies and may appoint one person to be the director of two or more departments, offices or agencies.
Sec. 3.240 Appointive and elective offices: Oath of office; surety and performance bonds.
1. Each officer of the city, whether he is elected or appointed, must, before entering upon the duties of his office, take and subscribe to the constitutional oath of office.
2. The city council may require from all of the officers, whether they are elected or appointed, and employees of the city who are responsible for handling city funds sufficient security for the faithful and honest performance of their respective duties and for the payment of all money received by those officers, according to law and the ordinances of the city.
Sec. 3.250 Appointive and elective offices: Filing of bonds; additional bonds.
1. All bonds which are given by the officers, whether they are elected or appointed, and employees of the city must be filed with the city clerk.
2. The city council may, at any time, require further and additional bonds of any officer, whether he is elected or appointed, or employee of the city.
Sec. 3.260 Appointive and elective offices: Surrender of effects of office. Each officer, whether he is elected or appointed, of the city shall, within 5 days after notification and request by the city manager, deliver to that officers successor in office all properties, books and effects of every description in his possession which belong to the city or pertain to his office, and, upon his failure, refusal or neglect to do so, becomes liable for all damages which are caused by his failure, refusal or neglect, and to such penalty as may be prescribed by ordinance.
Sec. 3.270 Appointive and elective offices: Interest in city contracts prohibited. No officer of the city, whether he is elected or appointed, may be directly or indirectly interested in:
1. Any contract, work or business of the city.
2. The sale of any article to the city.
κ1983 Statutes of Nevada, Page 1412 (CHAPTER 517, AB 531)κ
3. The purchase of property, real or personal, which belongs to the city.
Sec. 3.280 Appointive and elective officers: Collection and disposition of money.
1. All taxes, fines, forfeitures or other money of the city which is collected or recovered by any officer, whether he is elected or appointed, or any employee of the city or other person pursuant to this charter or any valid ordinance of the city must be paid by the officer or employee or person who collects or receives that money to the director of financial management, who must dispose of it in accordance with the ordinances, regulations and procedures which have been established by the city council.
2. The city council may, by proper legal action, collect all of the money which is due and unpaid to the city or any office of the city, and the city council may pay from the general fund all of the fees and expenses which are necessarily incurred by the city in connection with the collection of that money.
Sec. 3.290 Appointive and elective offices: Additional cause for removal; filing of vacancy. In addition to any other provision of this charter or in the general law which relates to the removal of public offices, any officer of the city, whether he is elected or appointed, must be removed for any of the causes and in the manner which are specified in chapter 283 of NRS, and the vacancy which is caused by that removal must be filled as prescribed by law.
ARTICLE IV
Judicial Department
Sec. 4.010 Municipal court.
1. There is a municipal court of the city which consists of at least two departments, each of which must be presided over by a municipal judge and has such power and jurisdiction as is prescribed in, and is, in all respects which are not inconsistent with this charter, governed by, chapters 5 and 266 of NRS which relate to municipal courts.
2. The city council may from time to time establish additional departments of the municipal court and shall appoint an additional municipal judge for each.
3. At the first general election which follows the appointment of an additional municipal judge to a newly created department of the municipal court, the successor to that municipal judge must be elected for a term of 2 or 4 years, as determined by the city council, in order to effectuate the intent of this provision that, as nearly as practicable, one-half of the number of municipal judges be elected every 2 years.
4. The respective departments of the municipal court must be numbered 1 through the appropriate arabic number, as additional departments are approved by the city council. A municipal judge must be elected for each department by number.
κ1983 Statutes of Nevada, Page 1413 (CHAPTER 517, AB 531)κ
Sec. 4.020 Municipal court: Qualifications of municipal judges; salary; master judge; departments; alternate judges.
1. Each municipal judge shall devote his full time to the duties of his office and must be:
(a) A duly licensed member, in good standing, of the State Bar of Nevada, but this qualification does not apply to any municipal judge which is an incumbent when this charter becomes effective as long as he continues to serve as such in uninterrupted terms.
(b) A qualified elector who has resided within the territory which is established by the boundaries of the city for a period of not less than 30 days immediately before the last day for filing a declaration of candidacy for the department for which he is a candidate.
(c) Voted upon by the registered voters of the city at large.
2. The salary of the municipal judges must be fixed by ordinance.
3. The municipal judge who holds seniority in years of service in office, either elected or appointed, is the master judge. If two or more judges are equal in seniority, the master judge must be chosen from among them by the city council. The master judge:
(a) Shall establish and enforce administrative regulations for governing the affairs of the municipal court.
(b) Is responsible for setting trial dates and other matters which pertain to the court calendar.
(c) Shall perform such other court administrative duties as may be required by the city council.
4. Alternate judges in sufficient numbers may be appointed annually by the mayor, each of whom:
(a) Must be a duly licensed member, in good standing, of the State Bar of Nevada and have such other qualifications as are prescribed by ordinance.
(b) Has all of the powers and jurisdiction of a municipal judge while he is acting as such.
(c) Is entitled to such compensation as may be fixed by the city council.
5. Any municipal judge, other than an alternate judge, automatically forfeits his office if he ceases to be a resident of the city.
Sec. 4.030 Disposition of fines. All of the fines and forfeitures which are imposed by the municipal court must be paid into the treasury of the city in the manner and at the times prescribed by ordinance.
Sec. 4.040 (Deleted by amendment.)
ARTICLE V
Elections
Sec. 5.010 Primary municipal elections.
1. On the Tuesday after the 1st Monday in May 1985, and at each successive interval of 4 years, a primary municipal election must be held in the city at which time candidates for two offices of councilman and for municipal judge, department 2, must be nominated.
κ1983 Statutes of Nevada, Page 1414 (CHAPTER 517, AB 531)κ
held in the city at which time candidates for two offices of councilman and for municipal judge, department 2, must be nominated.
2. On the Tuesday after the 1st Monday in May 1987, and at each successive interval of 4 years, a primary municipal election must be held in the city at which time candidates for mayor, for two offices of councilman and for municipal judge, department 1, must be nominated.
3. The candidates for councilman who are to be nominated as provided in subsections 1 and 2 must be nominated and voted for separately according to the respective wards. The candidates from wards 2 and 4 must be nominated as provided in subsection 1, and the candidates from wards 1 and 3 must be nominated as provided in subsection 2.
4. If the city council has established an additional department or departments of the municipal court pursuant to section 4.010 of this charter, and, as a result, more than one office of municipal judge is to be filled at any election, the candidates for those offices must be nominated and voted upon separately according to the respective departments.
5. Each candidate for the municipal offices which are provided for in subsections 1, 2 and 4 must file a declaration of candidacy with the city clerk not less than 30 days nor more than 40 days before the day of the primary election. If the last day for filing a declaration of candidacy falls on a Saturday, Sunday or legal holiday, the period for filing expires on the preceding business day at 5 p.m. The city clerk shall collect from each candidate, at the time of filing that candidates declaration of candidacy, the filing fee which is prescribed by ordinance for that office. All of the filing fees which are collected by the city clerk must be paid into the city treasury.
6. If, at 5 p.m. on the last day for filing a declaration of candidacy, there is only one candidate for nomination for any office, that candidate must be declared elected for the term which commences on the day of the first regular meeting of the city council after the Tuesday after the 1st Monday in June of that year, and no primary or general election need be held for that office.
7. If, in the primary election, regardless of the number of candidates for an office, one candidate receives a majority of votes which are cast in that election for the office for which he is a candidate, he must be declared elected for the term which commences on the day of the first regular meeting of the city council after the Tuesday after the 1st Monday in June of that year, and no general election need be held for that office. If, in the primary election, no candidate receives a majority of votes which are cast in that election for the office for which he is a candidate, the names of the two candidates who receive the highest number of votes must be placed on the ballot for the general election.
κ1983 Statutes of Nevada, Page 1415 (CHAPTER 517, AB 531)κ
Sec. 5.020 General municipal election.
1. A general municipal election must be held in the city on the Tuesday after the 1st Monday in June of each odd-numbered year and on the same day every 2 years thereafter, at which time there must be elected those officers whose offices are required to be filled by election in that year.
2. All candidates for elective office, except the office of councilman, must be voted upon by the registered voters of the city at large.
Sec. 5.030 Applicability of state election laws; elections under city councils control.
1. All elections which are held under this charter are governed by the election laws of the state, as far as those laws can be made applicable and are not inconsistent with this charter.
2. The conduct of all municipal elections is under the control of the city council. The city council shall prescribe by ordinance all of the regulations which it considers are desirable and consistent with law and this charter for the conduct of municipal elections, for the prevention of fraud in those elections and for the recount of ballots in cases of doubt or fraud.
Sec. 5.040 Qualifications, registration of electors.
1. Each person who is a resident of the city at the time of holding any municipal election and whose name appears upon the official register of voters in and for the city is entitled to vote at that municipal election, whether special, primary or general, and for all of the officers who are to be voted for and on all of the questions that may be submitted to the people at that special, primary or general election, except as is otherwise provided in this article.
2. The city council may provide for supplemental registration.
Sec. 5.050 Names on ballots. The full names of all of the candidates, except those who have withdrawn, died or become ineligible, must be printed on the official ballots without party designation or symbol. The use of nicknames in conjunction with the candidates legal names is allowed, and the nicknames may be printed with the legal names on the official ballots. If two or more candidates have the same name or names which are so similar as likely to cause confusion, their residence addresses must be printed with their names on the ballots.
Sec. 5.060 Ballots for ordinances and charter amendments. An ordinance or charter amendment which is to be voted on in the city must be presented for voting by ballot title. The ballot title of a measure may differ from its legal title, but must be a clear and concise statement which describes the substance of the measure without argument or prejudice. Below the ballot title must appear the following question: Shall the above described (ordinance) (charter amendment) be adopted? The ballot, voting machine or voting device must be marked in such a way as to indicate clearly in what manner the voter may cast his vote, either for or against the ordinance or charter amendment.
κ1983 Statutes of Nevada, Page 1416 (CHAPTER 517, AB 531)κ
Sec. 5.070 Availability of lists of registered voters. If, for any purpose which relates to a municipal election or to the candidates or issues which are involved in that election, any organization, group or person requests a list of the registered voters of the city, the department, office or agency which has custody of the official register of voters shall either permit that organization, group or person to copy the voters names and addresses from the official register of voters or furnish the list upon payment of the fee which is prescribed in chapter 293 of NRS.
Sec. 5.080 Watchers and challengers. A candidate may, upon written application to the election authorities at least 5 days before the election, appoint two persons to represent him as watchers and challengers at each polling place at which voters may cast their ballots for the office for which he is a candidate. Each person who has been appointed has all of the rights and privileges which are prescribed for watchers and challengers under the election laws of the state. The watchers and challengers may exercise their rights throughout the voting and until the ballots have been counted.
Sec. 5.090 Voting machines. The city council may provide for the use of mechanical or other devices for voting or for counting the votes, or both, which are not inconsistent with the law or the regulations of the secretary of state.
Sec. 5.100 Election returns; canvass; declaration of results; certificates of election; entry of officers upon duties; procedure for tied vote.
1. The returns of any special, primary or general municipal election must be filed with the city clerk, who shall immediately place those returns in a safe or vault, and no person may be permitted to handle, inspect or in any manner interfere with those returns until they have been canvassed by the city council.
2. The city council shall meet within 10 days after any election, canvass the returns and declare the result. The election returns must then be sealed and kept by the city clerk for 6 months, and no person may have access to the returns except on order of a court of competent jurisdiction or by order of the city council.
3. The city clerk, under his hand and official seal, shall issue to each person who is declared to be elected a certificate of election. The officers who have been elected shall qualify and enter upon the discharge of their respective duties on the day of the first regular meeting of the city council after the Tuesday after the 1st Monday of June of that year.
4. If the election for any office results in a tie, the city council shall summon the candidates who received the equal number of votes and determine the tie by lot. The clerk shall then issue to the winner a certificate of election.
Sec. 5.110 Special elections: Registration of electors.
1. If a question is to be submitted to the registered voters of the city at a municipal or state primary or general election, no notice of registration of electors is required other than that which is required by the election laws of the state for that election.
κ1983 Statutes of Nevada, Page 1417 (CHAPTER 517, AB 531)κ
registration of electors is required other than that which is required by the election laws of the state for that election. If the question is to be submitted at a special municipal election, the city clerk shall at the expense of the city, cause to be published at least once a week for 5 consecutive weeks by five weekly insertions 1 week apart, the first publication to be not more than 60 days nor less than 45 days next preceding the election, a notice which has been signed by him to the effect that registration for the special election will be closed on the date which is designated in the notice, as provided in this section.
2. Except as provided in this subsection, the office of the city clerk must be open for the special election from 9 a.m. to 12 m. and from 1 p.m. to 5 p.m. on Mondays through Fridays, with legal holidays excepted, for the registration of any qualified elector.
Sec. 5.120 Special elections: Notice of election.
1. The city clerk shall cause a notice of a special municipal election to be published at least once a week for 2 consecutive weeks by two weekly insertions 1 week apart, the first publication to be not more than 14 days nor less than 8 days next preceding the special election.
2. The notice of the special election must contain:
(a) The date and places of holding the election.
(b) The hours during the day in which the polls will be open, which must be the same as are provided for general elections.
(c) A statement of the question in substantially the same form as it will appear on the official ballot.
Sec. 5.130 Special elections: Consolidation of voting precincts; qualification of voters; costs.
1. The city clerk may consolidate or otherwise modify voting precincts for any special municipal election and shall designate the polling places, appoint the officers of the election for each precinct in such number as he may determine, and fix the respective duties and compensation of those officers.
2. Any qualified elector who is properly registered is qualified to vote at the special election.
3. The costs of any special election must be paid by the city.
ARTICLE VI
Local Improvements
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, in addition to the projects authorized by chapter 271 of NRS:
1. Street lighting projects;
2. Underground electric and communication facilities; and
3. Any combination of those projects.
Sec. 6.020 Local improvement law: Collateral powers. The city council, on behalf of the city, for the purpose of defraying all of the costs of acquiring, improving or converting to any project which is authorized by section 6.010, or any portion of those costs which are not to be defrayed with money which is otherwise available for that purpose, is vested with all of the powers which are granted to municipalities by chapters 271 and 704A of NRS.
κ1983 Statutes of Nevada, Page 1418 (CHAPTER 517, AB 531)κ
costs of acquiring, improving or converting to any project which is authorized by section 6.010, or any portion of those costs which are not to be defrayed with money which is otherwise available for that purpose, is vested with all of the powers which are granted to municipalities by chapters 271 and 704A of NRS.
ARTICLE VII
Finances, Borrowings and Franchises
Sec. 7.010 Finances: Control, appropriation. The city council:
1. Controls the finances of the city.
2. Shall appropriate money only for city purposes and such other purposes as may be provided by law or regulation, either federal or state, and provide for the payment of the debts and expenses of the city.
3. Shall pay the cost and expense of the buildings and land for the use of the city from the proper fund of the city, including without limitation the proceeds of bonds which are issued pursuant to sections 7.020 and 7.030 of this charter.
Sec. 7.020 Borrowing money.
1. Subject to the limitations which are imposed by this article and in the manner and to the extent provided in the constitution and laws of the state, the city may borrow money for any municipal purpose, including without limitation any purpose which is expressly authorized by this charter or by any provision of NRS which pertains to cities, and, for that purpose, may:
(a) Issue general obligation bonds, revenue bonds, revenue bonds for the payment of which the full faith and credit of the city is also pledged or other general or special obligation securities.
(b) Issue general obligation refunding bonds.
(c) Additionally secure the payment of its general obligation securities by a pledge of any revenue (other than tax proceeds) which is legally available for that purpose.
2. NRS 350.500 to 350.720, inclusive, apply to all of the securities which may be issued pursuant to this charter, except securities which are issued pursuant to section 6.020 of this charter. All of the securities which are issued pursuant to this charter may be in such amounts and forms and contain such conditions as the city council may from time to time determine.
3. Any property tax which is levied to pay the principal of or interest on any indebtedness which is incurred pursuant to subsection 1, must be levied upon all of the taxable property within the city, as provided in NRS 350.590 to 350.602, inclusive.
4. Any ordinance which pertains to the sale or issuance of bonds or other securities, including without limitation securities which are issued pursuant to section 6.020 of this charter, may be adopted in the manner as is provided in cases of emergency. A declaration by the city council in any ordinance that it is of this kind is conclusive, in the absence of fraud or gross abuse of discretion.
κ1983 Statutes of Nevada, Page 1419 (CHAPTER 517, AB 531)κ
council in any ordinance that it is of this kind is conclusive, in the absence of fraud or gross abuse of discretion.
Sec. 7.030 Sewer revenue bonds. The city council may issue bonds to obtain revenue for acquiring or constructing systems, plants, works, instrumentalities and properties which are needed in connection with the conservation, treatment and disposal of sewage waste and storm water.
Sec. 7.040 Debt limit.
1. The city may not issue or have outstanding at any time bonds which, when taken together with all of the notes, warrants, scrip or other evidences of indebtedness which are then outstanding, will create a total indebtedness in an amount greater than 20 percent of the total assessed valuation of the taxable property within its boundaries, as shown by the last preceding tax list or assessment roll.
2. In determining any debt limitation under this section, the following may not be considered as indebtedness:
(a) Revenue bonds, unless the full faith and credit of the city is also pledged to their payment;
(b) 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) Short-term securities which are issued in anticipation of and payable from the property taxes which are levied for the current fiscal year;
(d) Interim warrants which are issued pursuant to chapter 271 of NRS; and
(e) Securities which are described in subsection 4 of section 8.240 of this charter.
Sec. 7.050 Granting of franchises.
1. The city may, either alone or jointly with any other government or any instrumentality or subdivision of any government and for any purpose which is provided in this charter or in any provision of NRS which pertains to cities, grant a franchise to any person, firm or corporation to:
(a) Lay, operate and maintain in, upon, over or under any public right of way of the city or other public place in the city fixed guides or rails for any means of transportation.
(b) Construct, operate and maintain gas, electric or other lighting and heating works in the city and give that person, firm or corporation the privilege of furnishing light or heat, or both, for the public buildings, streets and alleys of the city.
(c) Construct, operate and maintain communication facilities and systems in the city.
2. The city council may grant no franchise for a term which is longer than 50 years, and no franchise for any purpose may be granted within the city except as is provided in this charter. Nothing which is contained in this charter, however, impairs any franchise which was granted by the city before this charter became effective.
κ1983 Statutes of Nevada, Page 1420 (CHAPTER 517, AB 531)κ
contained in this charter, however, impairs any franchise which was granted by the city before this charter became effective.
3. Before granting any franchise, the city council must adopt a resolution which sets forth fully and in detail the applicant for and the purpose, character, term, time and conditions of the proposed franchise and states that a public hearing on the advisability of granting the proposed franchise will be held at the first regular meeting of the city council after the final publication of the resolution.
4. The resolution must be published in full at least twice in the 2 weeks which follow its adoption.
5. At the first regular meeting of the city council after the completion of the publication, the city council may enact an ordinance for the granting of the franchise but the franchise may be granted only on substantially the same terms and conditions as are expressed in the resolution as published. Otherwise the ordinance is void.
ARTICLE VIII
Revitalization and Redevelopment
Sec. 8.010 Legislative declaration. The legislature by the inclusion of this article in this charter declares that:
1. All of the property which is to be acquired by the city pursuant to this article must be owned, operated, administered and maintained for and on behalf of all of the people of the city.
2. The exercise by the city of the purposes, powers, rights, privileges, immunities and duties which are established, granted, conferred and imposed in this article promotes the public health, safety, prosperity, security, comfort, convenience and general welfare of all of the people of the state and will be of special benefit to the inhabitants of the city and the property within the city.
3. The provisions in this article which involve the purposes, powers, rights, privileges, immunities, liabilities, duties and disabilities with respect to the city will serve a public purpose.
4. The necessity for this article results from:
(a) The large population growth in the urban areas which are included within the city and its environs, which constitutes in the aggregate a significant portion of the states population;
(b) The numerous capital improvements and large amount of improved real property which is situate within the urban areas;
(c) The need for capital improvements within certain areas within the city to provide needed services, facilities and other improvements for public use;
(d) The existence of blighted or deteriorating areas within the city which constitutes a serious and growing menace which is condemned as injurious and inimical to the public health, safety and general welfare of the people of the state, and particularly of the city;
(e) The lack of municipally owned capital improvements and the blighted or deteriorating areas which present difficulties and handicaps beyond remedy and control solely by the regulatory processes in the exercise of the police power;
κ1983 Statutes of Nevada, Page 1421 (CHAPTER 517, AB 531)κ
blighted or deteriorating areas which present difficulties and handicaps beyond remedy and control solely by the regulatory processes in the exercise of the police power;
(f) Deficiencies which contribute substantially and increasingly to the problems of, and necessitate excessive and disproportionate expenditures for, crime prevention and the preservation of the public health, safety and general welfare;
(g) Deficiencies which also constitute an economic and social liability which imposes onerous municipal burdens which decrease the tax base and reduce tax revenues, aggravate traffic hazards and the improvement of the traffic facilities; and
(h) The fact that the areas in which these deficiencies exist consume an excessive proportion of the citys revenues because of the extra services which are required for police, fire, accident, hospitalization and other forms of public protection.
5. The menace which results from the foregoing factors is becoming increasingly direct and substantial in its significance and effect.
6. The benefits which the city will derive from the remedying of these deficiencies by making available additional revenues to defray indirectly the costs of undertakings within the city which are authorized by NRS 268.672 to 268.740, inclusive, and the redevelopment of blighted or deteriorating areas within the city will inure to the inhabitants and the property owners of the city as a whole, will be of general benefit to those people and will be of special benefit to the taxable real property within a tax increment area and to the owners of that property.
7. The method of paying the bond requirements of the securities which are issued pursuant to this article is equitable and enables the city to issue securities to defray the cost of any project.
8. A general law cannot be made applicable to the city or to the properties, powers, rights, privileges, immunities, liabilities, duties and disabilities which pertain to the city, as provided in this article, because of the number of atypical factors and special conditions with respect to them.
9. For the accomplishment of the purposes which are provided in this section, each of the provisions of this article must be broadly construed.
Sec. 8.020 Definitions. Except as is provided in this article or where the context otherwise requires, the terms which are used or referred to in this article are as defined in NRS 268.672 to 268.740, inclusive, and, except as is otherwise provided in those sections, as defined in NRS 350.500 to NRS 350.720, inclusive, but the definitions which are contained in sections 8.030 to 8.110, inclusive, of this charter, except where the context otherwise requires, govern the construction of this article.
Sec. 8.030 Bond requirements defined. Bond requirements means the principal of, any prior redemption premiums due in connection with and the interest on the designated bonds or other securities.
κ1983 Statutes of Nevada, Page 1422 (CHAPTER 517, AB 531)κ
Sec. 8.040 Cost of undertaking defined. Cost of the undertaking, or any phrase of similar import, means the cost of any project as the latter phrase is defined in NRS 350.516.
Sec. 8.050 Engineer defined. Engineer, without further qualification, means the city engineer or a firm of engineers which is employed by the city in connection with any undertaking or any project or the exercise of any power which is authorized in this article.
Sec. 8.060 Facilities defined.
1. Facilities means buildings, structures, utilities or other properties which pertain to any undertaking or project which is authorized in this article, including without limitation income-producing facilities and facilities which are acquired with the proceeds of bonds or other securities which are issued under that article.
2. The term includes all of the properties, real, personal, mixed or otherwise, which are acquired by the city or the public body, as the case may be, by any undertaking for any one or more projects through purchase, condemnation, construction or otherwise and are used in connection with any of those projects and related services or in any way which pertains to those projects or services, whether they are situate within or without, or both within and without, the corporate boundaries of the city or the territorial limits of the public body, as the case may be.
Sec. 8.070 Mailed notice, notice by mail defined. Mailed notice and notice by mail each means the giving by the engineer, city clerk or any of their deputies, as determined by the city council, of any designated written or printed notice which must be addressed to any designated person, or to the last known owner of each tract in any tax increment area, at his last known address by the deposit, at least 20 days before the designated hearing or other time or event, in the United States mails, postage prepaid as first-class mail.
Sec. 8.080 Posting defined. Posting means posting any required notice in three public places at or near the site of any designated undertaking or project at least 20 days before the designated hearing or other time or event.
Sec. 8.090 Tax increment account defined. Tax increment account means a special account which is created pursuant to subsection 3 of section 8.210 of this charter and the other provisions in this article which are supplemental to it.
Sec. 8.100 Tax increment area defined. Tax increment area means the area which is specially benefited by an undertaking under this article, is designated by ordinance, as provided in subsection 3 of section 8.210 of this charter, and in which is located the taxable property the assessed valuation of which is the basis for the allocation of tax proceeds to any tax increment account under section 8.230 of this charter.
Sec. 8.110 Undertaking defined. Undertaking means any enterprise to acquire, improve or equip (or any combination thereof) any project which is authorized in NRS 268.672 to 268.740, inclusive, and to defray the cost of that enterprise, wholly or in part, by the issuance of the citys bonds or other securities which are payable, wholly or in part, from tax proceeds which are allocated to any tax increment account that pertains to the enterprise pursuant to section 8.230 of this charter.
κ1983 Statutes of Nevada, Page 1423 (CHAPTER 517, AB 531)κ
any project which is authorized in NRS 268.672 to 268.740, inclusive, and to defray the cost of that enterprise, wholly or in part, by the issuance of the citys bonds or other securities which are payable, wholly or in part, from tax proceeds which are allocated to any tax increment account that pertains to the enterprise pursuant to section 8.230 of this charter.
Sec. 8.120 Requirements for posting.
1. The posting of any notice which is required by this article must be verified by the affidavit or certificate of the engineer, city clerk, deputy or other person who posted the notice. The affidavit or certificate must be filed with the city clerk and retained in the records of the city at least until all of the bonds and other securities which pertain to any tax increment account have been paid in full or any claim which relates to those bonds or securities is barred by a statute of limitations.
2. The affidavit or certificate of posting is prima facie evidence of the posting of the notice in accordance with the requirements of this section.
Sec. 8.130 Requirements for notice by mail.
1. The name and address of any property owner to whom notice is required by this article may be obtained from the records of the county assessor or from any source which the clerk or the engineer deems to be reliable. Any list of the names and addresses which pertain to any tax increment area may be revised from time to time, but the list need not be revised more frequently than at 12-month intervals, if the list is needed for a period longer than 12 months.
2. The mailing of any notice which is required by this article must be verified by the affidavit or certificate of the engineer, city clerk, deputy, or other person who mailed the notice. The affidavit or certificate must be filed with the city clerk and, retained in the records of the city at least until all of the bonds and other securities which pertain to any tax increment account have been paid in full or any claim which relates to those bonds or securities is barred by a statute of limitations.
3. The affidavit or certificate of mailing is prima facie evidence of the mailing of the notice in accordance with the requirements of this section.
Sec. 8.140 Requirements for publication.
1. Any publication which is required by this article, except as otherwise expressly provided or necessarily implied in this article, must be made at least once a week for 3 consecutive weeks by three weekly insertions, the first publication being at least 15 days before the designated time or event. Unless it is otherwise stated, it is not necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but not less than 14 days must intervene between the first publication and the last publication.
2. Publication is complete, if more than one insertion is required, on the day of the last publication.
3. Any publication which is required by this article must be verified by the affidavit of the publisher, which must be filed with the city clerk and retained in the records of the city at least until all of the bonds and other securities which pertain to any tax increment account have been paid in full or any claim which relates to those bonds or securities is barred by a statute of limitations.
κ1983 Statutes of Nevada, Page 1424 (CHAPTER 517, AB 531)κ
by the affidavit of the publisher, which must be filed with the city clerk and retained in the records of the city at least until all of the bonds and other securities which pertain to any tax increment account have been paid in full or any claim which relates to those bonds or securities is barred by a statute of limitations.
4. The affidavit of publication is prima facie evidence of the publication of the notice in accordance with the requirements of this section.
Sec. 8.150 Authorization of tax increment area.
1. Except as is provided in subsections 2, 3 and 4, the city council, on behalf of the city and in its name, may at any time designate a tax increment area within the city to create a special account for the payment of bonds or other securities which are issued to defray the cost of the acquisition, improvement or equipment (or any combination thereof) of any project which is authorized in NRS 268.672 to 268.740, inclusive, including without limitation the condemnation of property for the undertaking, as are supplemented by NRS 350.500 to 350.720, inclusive, except as is otherwise provided in this article.
2. A tax increment area may not be created by the city council if the total land area of the tax increment area exceeds 10 percent of the total land area, or if the total initial assessed valuation of the tax increment area exceeds 10 percent of the total assessed valuation of the taxable property which is situate within the city. As used in this subsection, initial assessed valuation means the assessed value as shown on the assessment roll which was last equalized before the designation of the area.
3. The right of way property of a railroad company which is under the jurisdiction of the Interstate Commerce Commission must not be included in a tax increment area unless the inclusion of that property is mutually agreed upon by the city council and the railroad company.
Sec. 8.160 Limitation upon acquisition of facilities.
1. The city may not acquire, as a part of its facilities, any property which, at the time of its acquisition, competes in any area with then-existing properties of a public body which provides the same or a similar function or service in the area, but the facilities of the city may complement the existing properties of a public body by providing in that area supplemental functions or services, if the existing properties provide inadequate functions or services.
2. The city may acquire properties of any public body which are situate in the city as one undertaking or a project of the city or an interest in that undertaking or project.
Sec. 8.170 Initiating procedure.
1. Whenever the city council is of the opinion that the interests of the city require any undertaking which is to be financed under this article, the governing body by resolution shall direct the engineer to prepare:
(a) Preliminary plans and a preliminary estimate of the cost of the undertaking, including without limitation all of the estimated financing costs which are to be capitalized with the proceeds of the citys securities and all other estimated incidental costs which relate to the undertaking;
κ1983 Statutes of Nevada, Page 1425 (CHAPTER 517, AB 531)κ
undertaking, including without limitation all of the estimated financing costs which are to be capitalized with the proceeds of the citys securities and all other estimated incidental costs which relate to the undertaking;
(b) A statement of the proposed tax increment area which pertains to the undertaking, the last finalized amount of the assessed valuation of the taxable property in the area and the amount of taxes (including in the amount the sum of all unpaid taxes, whether or not they are delinquent) which resulted from the last taxation of the property, based upon the records of the county assessor and the county treasurer; and
(c) A statement of the estimated amount of the tax proceeds which are to be credited annually to the tax increment account during the term of the proposed securities which will be payable from those tax proceeds.
2. The resolution must describe the undertaking in general terms.
3. The resolution must state:
(a) What part or portion of the expense of the undertaking must be paid with the proceeds of the securities which are issued by the city in anticipation of tax proceeds and are to be credited to the tax increment account and payable wholly or in part from those tax proceeds;
(b) How the remaining part or portion of the expenses, if any, is to be financed; and
(c) The basic security and any additional security for the payment of the securities of the city which pertain to the undertaking.
4. The resolution need not describe minutely each particular tract of taxable real property which is proposed to be included within the tax increment area, but may simply designate the tax increment area or its location in such a manner that the various tracts of taxable real property and taxable personal property which are situate within the tax increment area may be ascertained and determined to be either within or without the proposed tax increment area.
5. The engineer shall forthwith file with the city clerk the preliminary plans, estimate of cost and statements.
6. Upon the filing of the preliminary plans, estimate of cost and statements, the city council shall examine them, and, if it finds them to be satisfactory, by resolution provisionally order the undertaking.
Sec. 8.180 Provisional order resolution; notice of hearing.
1. In the provisional order resolution, the city council must set the time, which must be at least 20 days after the adoption of the resolution, and the place when and where any representative of the Federal Government, the state or any public body or any person who resides in the city or owns taxable personal or real property in the city, or any representative of that person, may appear before the governing body and be heard concerning the propriety and advisability of the undertaking.
2. Notice of that hearing must be given:
(a) By mail;
κ1983 Statutes of Nevada, Page 1426 (CHAPTER 517, AB 531)κ
(b) By posting; and
(c) By publication.
3. The notice must:
(a) Describe the undertaking and the project which relates to it (without mentioning minor details or incidentals);
(b) State the preliminary estimate of the cost of the undertaking, including all incidental costs, as are stated in the engineers report which was filed with the city council pursuant to subsection 5 of section 8.170 of this charter;
(c) Describe the proposed tax increment area which pertains to the undertaking, the last finalized amount of the assessed valuation of the taxable property in the area and the amount of taxes (including in the amount the sum of all unpaid taxes, whether or not they are delinquent) which resulted from the last taxation of the property, based upon the records of the county assessor and the county treasurer;
(d) State what part or portion of the expense of the undertaking must be paid with the proceeds of the securities which are issued by the city in anticipation of tax proceeds and are to be credited to the tax increment account and payable wholly or in part from those tax proceeds;
(e) State how the remaining part or portion of the expenses, if any, is to be financed;
(f) State the basic security and any additional security for the payment of the securities of the city which pertain to the undertaking;
(g) State the estimated amount of the tax proceeds which are to be credited annually to the tax increment account which pertains to the undertaking during the term of the proposed securities which are payable from those tax proceeds and the estimated amount of any net revenue which will be derived annually from the operation of the project which pertains to the undertaking and is pledged for the payment of the securities;
(h) State the estimated aggregate principal amount which is to be borrowed through the issuance of the securities (excluding proceeds of those securities to fund or refund outstanding securities) and the estimated total bond requirements of the securities;
(i) State whether or not the governing body finds, determines and declares that the estimated tax proceeds which will be credited to the tax increment account and any net pledged revenue which will be derived annually from the operation of the project which pertains to the undertaking will be fully sufficient to pay the bond requirements of the securities as they become due; and
(j) The time and place when and where the city council will consider the ordering of the undertaking and hear all of the complaints, protests, objections and other relevant comments with respect to it which may be made in writing by any natural person or body corporate which is designated in subsection 1 and filed with the city clerk at least 3 days before the hearing or made orally at the hearing by any natural person who is designated in subsection 1.
κ1983 Statutes of Nevada, Page 1427 (CHAPTER 517, AB 531)κ
before the hearing or made orally at the hearing by any natural person who is designated in subsection 1.
4. All of the proceedings may be modified or rescinded, wholly or in part, by resolution which is adopted by the city council at any time before the passage of the ordinance which orders the undertaking and creates the tax increment area and the tax increment account which pertains to the undertaking pursuant to subsection 3 of section 8.210 of this charter.
5. No substantial change in the undertaking, the preliminary estimates, the proposed tax increment area or other statements which relate to the undertaking may be made after the first publication, posting or mailing of the notice to property owners, whichever occurs first, except for the deletion of a portion of the undertaking and property from the proposed tax increment area, unless the city council, after ordering that change, provides for another provisional order hearing on all of the matters in the premises and for a notice of the hearing in the same manner as is provided in this article for the initial hearing, but a subsequent finalization of the amount of the assessed valuation of the taxable property in the tax increment area or a subsequent levy of taxes may not adversely affect the proceedings which are taken under this article.
6. The engineer also has the right to make minor changes in, and to develop the undertaking with respect to, the time, plans and materials which enter into the undertaking at any time before its completion.
Sec. 8.190 Provisional order hearing.
1. At the time and place of the hearing, or at any adjournment of the hearing, the city council must proceed to read and consider all of the written complaints, protests, objections and other relevant comments which have been properly made and filed with the city clerk and to hear all oral comments which relate to the undertaking.
2. After the hearing has been concluded, after all of the written complaints, protests, objections and other relevant comments have been read and considered, and after the city council has heard and considered all of the oral comments which were made by persons who have an interest in the undertaking and has also considered any other relevant material which was offered, if the city council determines that the undertaking, or any part of it, is not in the public interest, the city council by resolution must make an order to that effect and may modify the proposed tax increment area to conform to that order. Thereupon, the undertaking or that part of the undertaking which was determined against by the order must stop and may not be begun again until the adoption of a new resolution.
3. Any complaint, protest or objection to the regularity, validity and correctness of the proceedings which were taken and the instruments which were made before the date of the hearing are deemed to have been waived unless they were presented in writing at the time and in the manner which is specified in this article.
κ1983 Statutes of Nevada, Page 1428 (CHAPTER 517, AB 531)κ
Sec. 8.200 Appeal from adverse order. If any person or public body, the state or the Federal Government filed a written complaint, protest or objection as provided in paragraph (j) of subsection 3 of section 8.050 of this charter, that person or public body, the state or the Federal Government, as the case may be, may commence, within 30 days after the city council has finally passed upon its complaint, protest or objection by resolution pursuant to subsection 2 of section 8.190 of this charter or by ordinance pursuant to subsection 3 of section 8.210 of this charter, an action or suit in any court of competent jurisdiction to correct or set aside the determination, but thereafter all actions or suits which attack the validity of the proceedings or the determination of the city council, or both, are perpetually barred.
Sec. 8.210 Final order of undertaking.
1. After the provisional order hearing and the consideration of all of the matters in the premises, or, in the event of a material change other than the deletion of a part of the undertaking and any modification of the tax increment area to conform to that deletion pursuant to subsection 2 of section 8.190 of this charter, after the supplemental provisional order hearing and the consideration of any supplemental matters in the premises, the city council shall determine whether or not to proceed under this article. If it has ordered any modification and desires to proceed, it shall direct the engineer appropriately to modify the plans, estimates and statements which were filed by him with the city clerk pursuant to subsection 5 of section 8.170 of this charter.
2. The engineer shall appropriately modify those plans, estimates and statements and forthwith file the modified plans, estimates and statements with the city clerk.
3. When the plans, estimates and statements are prepared, filed with the city clerk and are satisfactory to the city council, the city council shall by ordinance overrule all of the complaints, protests and objections which were not otherwise acted upon, unconditionally order the undertaking as modified, if modified, describe the tax increment area which pertains to the undertaking and create the tax increment account for the undertaking.
4. The ordinance may be introduced and adopted at one meeting by the unanimous vote of the entire city council as if an emergency exists and may be effective upon its adoption and publication by title, or it may be introduced and adopted as a regular measure, pursuant to section 2.110 of this charter.
Sec. 8.220 Amendment of ordinance.
1. The city council may amend an ordinance which was adopted pursuant to subsection 3 of section 8.210 of this charter by adopting a supplemental ordinance, which must be introduced and adopted as a regular measure, to:
(a) Modify the undertaking by specifying new projects or removing or modifying projects which were specified in the original ordinance;
(b) Add areas to or remove areas from a tax increment area; or
κ1983 Statutes of Nevada, Page 1429 (CHAPTER 517, AB 531)κ
(c) Make such other changes, additions or deletions as the city council determines will further its objectives within the tax increment area.
2. If a proposed amendment would add any area to or remove any area from a tax increment area, notice by mail of the meeting of the city council at which the proposed amendment will be considered must be given to the last known owner or owners of each tract of land which is proposed to be added or removed.
3. The amount of taxes to be allocated to a tax increment account pursuant to subsection 2 of section 8.230 of this charter must be computed separately for the original tax increment area and each addition of land to the original tax increment area.
Sec. 8.230 Allocation, division and disposition of tax proceeds. After the effective date of the ordinance which unconditionally orders the undertaking and provides for the tax increment financing, any tax which is levied upon the taxable property in the tax increment area each year by or for the benefit of the state, the city and any public body must be divided as follows:
1. That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the tax increment area, as is shown on the assessment roll which is used in connection with the taxation of the property by the taxing agency, as that roll was last equalized before the effective date of the ordinance, must be allocated to and, when the taxes are collected, paid into the funds of the respective taking agencies as taxes by or for the taxing agencies as the taxes on all other property are paid.
2. That portion of the levied taxes each year which are in excess of that amount must be allocated to and, when the taxes are collected, paid into the tax increment account which pertains to the undertaking to pay the bond requirements of any loan or any money which was advanced to, or any indebtedness, whether it is funded, refunded, assumed or otherwise incurred by, the city to finance or refinance, in whole or in part, the undertaking. Until the total assessed valuation of the taxable property in the tax increment area exceeds the total assessed value of the taxable property in the area, as shown by the last equalized assessment roll which is referred to in subsection 1, all of the taxes which are levied and collected upon the taxable property in the area must be paid into the funds of the respective taxing agencies. When the loans, advances and indebtedness, if any, and interest thereon, have been paid, all of the money which is thereafter received from taxes upon the taxable property in the area must be paid into the funds of the respective taxing agencies as the taxes on all other property are paid.
3. For the purposes of this section, the last equalized assessment roll which is referred to in subsection 1 is the assessment roll which was in existence on the 15th day of April which immediately precedes the effective date of the ordinance which unconditionally orders the undertaking and provides for the tax increment financing.
κ1983 Statutes of Nevada, Page 1430 (CHAPTER 517, AB 531)κ
the effective date of the ordinance which unconditionally orders the undertaking and provides for the tax increment financing.
Sec. 8.240 Municipal securities.
1. The city may issue, to defray, wholly or in part, the cost of the undertaking, the following securities:
(a) Notes;
(b) Warrants;
(c) Interim debentures;
(d) Bonds; and
(e) Temporary bonds.
2. Any net revenue which is derived from the operation of the project which is acquired, improved or equipped (or any combination thereof) under the undertaking must be pledged for the payment of the securities, and those securities must be made payable from that net pledged revenue, as the bond requirements of the securities become due from time to time, in accordance with the bond ordinance, trust indenture, or other proceedings which authorize the issuance of the securities or otherwise pertains to their issuance.
3. Additionally, the securities:
(a) Must be made payable from tax proceeds which are accounted for in the tax increment account; and
(b) May, at the citys option, be made payable from the taxes which are levied by the city against all of the taxable property within the city, without limitation of rate or amount except for the limitation which is provided in section 2 of article 10 of the Nevada constitution. (The city may also issue general obligation securities which are authorized by any law other than this article and are made payable from taxes without also making those securities payable from the net pledged revenues or tax proceeds which are accounted for in a tax increment account, or from both these revenue sources.)
4. Securities which are payable only in the manner which is provided in either paragraph (a) of subsection 3 or both subsection 2 and paragraph (a) of subsection 3 are special obligations of the city, are neither in their issuance subject to debt limitation which is specified in subsection 1 of section 7.040 of this charter or is otherwise imposed by law, nor, while they are outstanding, do they exhaust the citys debt-incurring power under subsection 1 of section 7.040 of this charter or other law and may be issued under the provisions of the NRS 350.500 to 350.720, inclusive, except as is otherwise provided in this article, without any compliance with the provisions of NRS 350.001 to 350.006, inclusive, or NRS 350.010 to 350.070, inclusive, and without any approval or other preliminaries, except as is provided in NRS 350.500 to 350.720, inclusive.
5. Securities which are payable from taxes in the manner which is provided in paragraph (b) of subsection 3, regardless of whether or not they are also payable in the manner which is provided only in paragraph (a) of that subsection or in both subsection 2 and paragraph (a) of subsection 3, must be general obligations of the city, are in their issuance subject to the debt limitation which is specified in subsection 1 of section 7.040 of this charter or is otherwise imposed by law and, while they are outstanding, exhaust the citys debt-incurring power under subsection 1 of section 7.040 of this charter or other law, and those securities may be issued under NRS 350.500 to 350.720, inclusive, only after the issuance of city bonds is approved under the provisions of:
κ1983 Statutes of Nevada, Page 1431 (CHAPTER 517, AB 531)κ
of subsection 3, must be general obligations of the city, are in their issuance subject to the debt limitation which is specified in subsection 1 of section 7.040 of this charter or is otherwise imposed by law and, while they are outstanding, exhaust the citys debt-incurring power under subsection 1 of section 7.040 of this charter or other law, and those securities may be issued under NRS 350.500 to 350.720, inclusive, only after the issuance of city bonds is approved under the provisions of:
(a) NRS 350.001 to 350.006, inclusive; and
(b) NRS 350.010 to 350.070, inclusive, except for the issuance of notes or warrants pursuant to NRS 350.500 to 350.720, inclusive, which are payable out of the current years revenues and are not to be funded with the proceeds of interim debentures or bonds in the absence of approval under the provisions of the law which are designated in paragraphs (a) and (b).
6. In the proceedings for the making of loans or the acquisition of any advance of money or the incurring of any indebtedness, whether it is funded, refunded, assumed or otherwise, for the purpose of financing or refinancing, in whole or in part, the undertaking, wholly or in part, the city shall irrevocably pledge that portion of the taxes which is mentioned in subsection 2 of section 8.230 of this charter for the payment of the bond requirements of the loans, advances or indebtedness. The provisions in NRS 350.500 to 350.720, inclusive, which pertain to net pledged revenues apply to the pledge to secure the payment of the tax increment bonds.
Sec. 8.250 Cooperative powers. The city also has the following powers:
1. To accept contributions or loans from the Federal Government, the state or any public body (or any combination of those entities) to finance the planning, acquisition, improvement, equipping, maintenance and operation of any enterprise which pertains to an undertaking in which the city is authorized to engage and to enter into contracts and cooperate with and accept cooperation from the Federal Government, the state or any public body (or any combination of those entities) in the planning, acquisition, improvement, equipping, maintenance and operation and in the financing of the planning, acquisition, improvement, equipping, maintenance and operation of that enterprise in accordance with any legislation which Congress, the state legislature or any governing body or legislative body of any public body (or any combination of those bodies) may have adopted or may, after the effective date of this charter, adopt, under which aid, assistance and cooperation may be furnished by the Federal Government, the state or public body (or any combination of those entities) in the planning, acquisition, improvement, equipping, maintenance and operation or in the financing of the planning, acquisition, improvement, equipping, maintenance and operation of any enterprise, including without limitation the costs of engineering, architectural and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action which is preliminary to the acquisition, improvement or equipping of any project and to do anything which is necessary in order to avail itself of the aid, assistance and cooperation which may be available under any federal or state legislation which is now in existence or may, after the effective date of this charter, be enacted.
κ1983 Statutes of Nevada, Page 1432 (CHAPTER 517, AB 531)κ
and studies, surveys, designs, plans, working drawings, specifications, procedures and other action which is preliminary to the acquisition, improvement or equipping of any project and to do anything which is necessary in order to avail itself of the aid, assistance and cooperation which may be available under any federal or state legislation which is now in existence or may, after the effective date of this charter, be enacted.
2. To enter into and perform, without any election, joint operating or service contracts and agreements, acquisition, improvement, equipment or disposal contracts or other arrangements, for any term which does not exceed 50 years, with the Federal Government, the state and any public body (or any combination of those entities) with respect to the undertaking, and any project or property which pertains thereto, whether it is acquired by the city, by the Federal Government, by the state or by any public body, and to accept grants and contributions from the Federal Government, the state, any public body, or any person (or any combination of those entities) in connection with those contracts, agreements and arrangements.
3. To enter into and perform, without any election, when it is determined by the city council to be in the public interest, contracts and agreements, for any term which does not exceed 50 years, with the Federal Government, the state, any public body or any person (or any combination of those entities) for the provision and operation by the city of any facilities, whether or not they pertain to the undertaking of the city or any project which relates to that undertaking and the payment periodically by the Federal Government, the state, the public body or the person (or any combination of those entities) to the city of amounts which are at least sufficient, if any, in the determination of the city council, to compensate the city for the cost of providing, operating and maintaining the facilities which serve the Federal Government, the state, the public body or the person, or otherwise.
4. To enter into and perform, without any election, contracts and agreements with the Federal Government, the state, any public body or any person (or combination of those entities) for or with respect to the planning, construction, lease or other acquisition, improvement, equipping, operation, maintenance, disposal and financing of any property which pertains to the facilities of the city or to any undertaking or any project of the city, or otherwise, including without limitation any contract or agreement for any term which does not exceed 50 years.
5. To cooperate with and act in conjunction with the Federal Government or any of its engineers, officers, boards, commissions or departments, or with the state or any of its engineers, officers, boards, commissions or departments, or with any public body or with any person in the acquisition, improvement or equipping of any facilities or any project which is authorized for the city or for any other work, act or purpose which is provided for in this article and to adopt and carry out any definite plan or system of work for that purpose.
κ1983 Statutes of Nevada, Page 1433 (CHAPTER 517, AB 531)κ
6. To cooperate with the Federal Government, the state or any public body (or any combination of those entities) by an agreement with any or all of those entities by which the city may:
(a) Acquire and provide, without cost to the cooperating entity, the land, easements and rights of way which are necessary for the acquisition, improvement or equipping (or any combination thereof) of any properties which pertain to the undertaking or any other facility;
(b) Hold and save harmless the cooperating entity free from any claim for damages which may arise from the acquisition, improvement, equipping, maintenance and operation (or any combination thereof) of any facility;
(c) Maintain and operate any facility in accordance with the regulations which are prescribed by the cooperating entity; and
(d) Adopt and enforce regulations, if any, with respect to the facilities and which are satisfactory to the cooperating entity.
7. To provide, by any contract, for any term which does not exceed 50 years, or otherwise, without an election:
(a) For the joint use of the personnel, equipment and facilities of the city, the Federal Government, the state and any public body (or any combination of those entities) including without limitation public buildings which are constructed by or under the supervision of the city council or by the governing body or legislative body of the other party to the contract, upon such terms and agreements and within such areas within the city as may be determined, for the promotion and protection of the public health, safety, prosperity, security, comfort, convenience, general welfare and property of the inhabitants of the city, the Federal Government, the state, any public body and any person of interest, as the case may be; and
(b) For the joint employment of clerks, stenographers and other employees which pertain to the facilities, any project or the undertaking which now exist or may, after the effective date of this charter, be established in the city upon such terms and conditions as may be determined for the equitable apportionment of the expenses which result from that employment.
8. In connection with any facility of the city, or any part of any facility which is acquired or proposed in connection with an undertaking, or with any project, to consult with any regulatory or other agency of the Federal Government, the state or any public body and to submit plans, specifications or other instruments or documents (or any combination thereof) to that governmental agency for its review, recommendations and other comments.
Sec. 8.260 Public purpose. The exercise of any power which is authorized in this article by the city council on behalf of the city has been determined and is hereby declared to effect a public purpose, and any undertaking which is authorized in this article also effects a public purpose.
κ1983 Statutes of Nevada, Page 1434 (CHAPTER 517, AB 531)κ
Sec. 8.270 Sufficiency of article.
1. This article, without reference to other statutes of the state, except as is otherwise expressly provided in this article, constitutes full authority for the exercise of the powers which are granted in this article.
2. No other law with respect to the exercise of any power which is granted in this article that provides for an election, requires an approval or in any way impedes or restricts the carrying out of the acts which are authorized by this article to be done may be construed as applying to any proceeding which is taken under this article or act done pursuant to this article, except as is provided in this article.
3. The powers which are granted by this article are in addition and supplemental to, and not in substitution for any other law, and the limitations which are imposed by this article do not affect the powers which are granted by any other law.
4. No part of this article repeals or affects any other law or part thereof, it being intended that this article merely provides a separate method of accomplishing its objectives, rather than the exclusive one.
ARTICLE IX
Revenue
Sec. 9.010 City taxes.
1. The city council shall annually, at the time which is prescribed by law for the levying of taxes for state and county purposes, levy a tax upon the assessed value of all of the real and personal property within the city which is made taxable by law. The taxes which are levied must be collected at the same time, in the same manner and by the same officers, exercising the same functions, as are prescribed and provided in the revenue laws of the state for the collection of state and county taxes. Except as is provided in this section, the revenue laws of the state, in every respect which is not inconsistent with the provisions of this charter, apply to the levying, assessing and collecting of the city taxes. The city treasurer may, however, upon approval of the board of county commissioners of the county, collect taxes which are levied for the redemption of bonds which were issued pursuant to section 6.020 of this charter.
2. Except with respect to any tax which is levied to pay the principal of or interest on any indebtedness which is incurred by the city pursuant to section 7.020 of this charter, the city council may divide the city into districts for the purpose of local taxation, or may create districts for that purpose, as occasion may require.
3. In the matter of the equalization of assessments, the rights of the city and its inhabitants must be protected in the same manner and to the same extent by the action of the county board of equalization as are the rights of the state and county.
4. Whenever and wherever it is practicable and expedient, all of the forms and blanks which are used in levying, assessing and collecting the revenues of the state and county must, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the city.
κ1983 Statutes of Nevada, Page 1435 (CHAPTER 517, AB 531)κ
forms and blanks which are used in levying, assessing and collecting the revenues of the state and county must, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the city.
Sec. 9.020 Revenue ordinances. The city council may enact all ordinances which it deems are necessary and are not inconsistent with this charter and the laws of the state to carry into effect the revenue laws of the city, to determine, fix and enlarge the powers and duties of all of the officers of the city in relation to those laws and to assure the prompt, convenient and economical collecting of the city revenue.
ARTICLE X
Civil Service
Sec. 10.010 Civil service.
1. There is hereby created a system of civil service which is applicable to and governs all of the employees of the city except the elected officials, persons who serve as members of boards, commissioners or committees for which no compensation is received, the city manager, persons who are appointed pursuant to sections 3.040 and 3.070 of this charter, persons who hold such probationary, provisional or temporary appointments as are designated in the civil service rules, alternate judges and persons who hold such other positions as are designated by the city council.
2. The system of civil service must be administered by a board of civil service trustees which is composed of five members who are appointed by the city council for terms of 4 years.
3. The city council must adopt by ordinance, following their approval by the board of civil service trustees, a codification of the rules which govern the system of civil service and may from time to time amend those rules by ordinance upon the recommendation of the board of civil service trustees. Those rules must provide for:
(a) The examination of potential employees;
(b) Recruitment and placement procedures;
(c) The classification of positions;
(d) Procedures for the promotion of employees;
(e) Procedures for disciplinary actions against, and the discharge of, employees;
(f) Appeals with respect to actions which are taken pursuant to paragraphs (d) and (e);
(g) The acceptance and processing of citizens complaints against employees; and
(h) Such other matters as the board of civil service trustees deems are necessary or appropriate.
4. Copies of the rules of the system of civil service must be made available to all of the employees of the city.
κ1983 Statutes of Nevada, Page 1436 (CHAPTER 517, AB 531)κ
ARTICLE XI
Miscellaneous Provisions
Sec. 11.010 Severability of provisions. If any portion of this charter is held to be unconstitutional or invalid for any reason by the decision of any court of competent jurisdiction, that decision does not affect the validity of the remaining provisions of this charter. The legislature hereby declares that it would have passed this charter, and each provision of this charter, irrespective of the portion which may be held to be unconstitutional or otherwise invalid.
Sec. 11.020 Effect of enactment of charter.
1. All of the rights and property of every kind and description which were vested in the city before the effective date of this charter are vested in the same municipal corporation on the effective date of this charter. All of the powers, rights, privileges, immunities, duties, obligations and liabilities of the city which exist on the effective date of this charter must remain as if no change were made, and no action or prosecution may be affected by that change, and each of those powers, rights, privileges, immunities, duties, obligations, liabilities, actions and prosecutions must stand and progress as if no change were made.
2. Whenever a different remedy is provided by this charter, which may properly be made applicable to any right which exists on the effective date of this charter, that remedy is cumulative to any remedy which was before provided and may be used accordingly.
3. All of the ordinances and resolutions which are in effect in the city before the effective date of this charter must, unless they are in conflict with the provisions of this charter, continue in full force and effect until they are amended or repealed.
4. The enactment of this charter does not effect any change in the legal identity of the city.
5. The enactment of this charter does not repeal or in any way affect or modify:
(a) Any special, local or temporary law, except chapter 515, Statutes of Nevada 1971, as amended.
(b) Any law or ordinance which makes an appropriation.
(c) Any ordinance which affects any bond issue or by which any bond issue may have been authorized.
(d) The running of the statute of limitations which is in force at the time this charter becomes effective.
(e) Any bond of any public officer.
Sec. 2. Chapter 515, Statutes of Nevada 1971, at page 1063, entitled An Act incorporating the City of Las Vegas, in Clark County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto, approved April 24, 1971, and all other acts amendatory thereof are hereby repealed.
κ1983 Statutes of Nevada, Page 1437 (CHAPTER 517, AB 531)κ
Sec. 3. This act shall become effective at 12:01 a.m. on July 1, 1983.
________
Assembly Bill No. 667Committee on Ways and Means
CHAPTER 518
AN ACT relating to the state government; removing the requirements for a minimum or specific number of meetings by state boards, commissions, committees or councils which receive money from the state general fund; and providing other matters properly relating thereto.
[Approved May 26, 1983]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE
AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 231.050 is hereby amended to read as follows:
231.050 1. The commission on economic development [shall meet monthly] may meet regularly each month or at more frequent times if it deems necessary, and may, within the limits of its budget, hold special meetings at the call of the chairman.
2. The executive director is the secretary of the commission.
3. The commission shall prescribe rules for its own management and government.
4. Four members of the commission constitute a quorum, but a majority of the commission is required to exercise the power conferred on the commission.
5. The governor may remove a member from the commission if the member neglects his duty or commits malfeasance in office.
Sec. 2. NRS 232.490 is hereby amended to read as follows:
232.490 1. The members of the board shall meet at such times and places as they deem necessary, but [a meeting of] the board [must be held] may meet regularly at quarterly intervals.
2. The board shall adopt regulations for its own management and government, and it has only such powers and duties as are authorized by law.
3. A majority of the members of the board constitutes a quorum, and [such] a quorum may exercise all the authority conferred on the board.
4. While engaged in the official business of the division, the members of the board are entitled to receive a salary of $60 and the per diem expense allowance and travel expenses provided by law.
Sec. 3. NRS 233.050 is hereby amended to read as follows:
233.050 1. The governor shall appoint a chairman of the commission and the members shall elect a secretary from the membership of the commission.
κ1983 Statutes of Nevada, Page 1438 (CHAPTER 518, AB 667)κ
2. The commission [shall] may meet regularly at least twice a year on the call of the chairman at a place designated by the chairman or a majority of the commission.
3. The employees of the commission are in the classified service of the state.
Sec. 4. NRS 233A.050 is hereby amended to read as follows:
233A.050 The commissioners shall designate a chairman. The commissioners [shall] may meet regularly at least four times each year and at such places and times as are specified by a call of the chairman or majority of the commission. The commission shall prescribe regulations for its own management. Three members of the commission constitute a quorum which may exercise all the authority conferred upon the commission.
Sec. 5. NRS 233C.060 is hereby amended to read as follows:
233C.060 1. Meetings of the council [shall] may be held annually or at the discretion of the chairman of the council.
2. A majority of the members of the council constitutes a quorum for the transaction of business.
3. Each member of the council [shall have] has one vote [for the purpose of furthering] to further the objectives of the council.
Sec. 6. NRS 233D.050 is hereby amended to read as follows:
233D.050 1. The council [shall] may meet regularly at least three times each year.
2. Each member of the council is entitled to receive a salary of $60 for each days attendance at a meeting of the council and the per diem allowance and travel expenses provided by law.
Sec. 7. NRS 233F.100 is hereby amended to read as follows:
233F.100 1. The board [shall] may meet at such times and places as are specified by a call of the chairman.
2. The chairman of the board shall appoint technical representatives to serve on a technical advisory committee which is hereby created to serve the board.
3. Members of the board shall serve without compensation but may be reimbursed from the fund for the communications subdivision of the Nevada highway patrol for necessary travel and per diem expenses in the amounts provided for state officers and employees.
Sec. 8. NRS 213.010 is hereby amended to read as follows:
213.010 1. The state board of pardons commissioners consists of the governor, the justices of the supreme court and the attorney general.
2. As used in NRS 213.010 to 213.100, inclusive, board means the state board of pardons commissioners.
3. Meetings of the board for the purpose of considering applications for clemency [shall] may be held semiannually or oftener, on such date as may be fixed by the board.
κ1983 Statutes of Nevada, Page 1439 (CHAPTER 518, AB 667)κ
Sec. 9. NRS 213.130 is hereby amended to read as follows:
213.130 1. A prisoner sentenced to imprisonment in the state prison may apply to the board for parole. [Such applications shall] The application must be made on [forms] a form prescribed by the board [from time to time and shall] and must contain such data as will assist the board in determining whether parole should be granted. The secretary of the board shall furnish any prisoner an application form upon request.
2. Meetings for the purpose of considering applications for parole [shall] may be held semiannually or more often, on such dates as may be fixed by the board.
3. The board of state prison commissioners shall provide suitable and convenient rooms or space for use of the board.
Sec. 10. NRS 242.121 is hereby amended to read as follows:
242.121 1. There is hereby created an advisory committee for data processing whose members are:
(a) The director;
(b) Three other directors of departments of the state government selected by the governor;
(c) Two other members who are not public officers or employees, appointed by the governor; and
(d) One member appointed by the majority floor leader of the senate from the membership of the senate standing committee on finance during the immediately preceding session of the legislature, and one member appointed by the speaker of the assembly from the membership of the assembly standing committee on ways and means during that session.
The governor shall appoint the chairman of the committee from among its members.
2. The committee [shall] may meet as often as necessary [but] and may meet regularly at least once every 3 months. Members of the committee who are officers or employees in the executive department of the state serve without additional compensation. Members who are legislators or who are not public officers or employees are entitled to a salary of $80 for each day or part of a day spent on business of the committee. Each member is entitled to subsistence allowances and travel expenses pursuant to the provisions of NRS 281.160 while engaged in the performance of official duties.
3. The committee shall advise the director on matters relating to policies for data processing by elected officers of the state and state agencies, including:
(a) Standards for systems and programming; and
(b) Criteria for the selection, location and use of equipment for data processing,
so that needs for data processing of officers and agencies may be met at the least cost and with the use of the latest developments in the field of data processing.
κ1983 Statutes of Nevada, Page 1440 (CHAPTER 518, AB 667)κ
Sec. 11. NRS 281.461 is hereby amended to read as follows:
281.461 1. Each commission [shall:
(a) At] :
(a) Shall at its first meeting and annually thereafter elect a chairman from among its members.
(b) [Meet] May meet regularly at least once in each calendar quarter and at other times upon the call of the chairman.
2. Members of each commission are entitled to receive a salary of $60 per day while engaged in the business of the commission, in addition to the travel and subsistence allowances provided by law.
3. Each commission may employ such personnel, in the unclassified service of the state, and obtain such facilities as are required to carry out the functions of the commission. The salaries of persons so employed must be within the limits of appropriations made by law.
Sec. 12. NRS 284.055 is hereby amended to read as follows:
284.055 1. The members of the commission [shall] may meet at the times and places specified by the call of the chairman or a majority of the commission, but a meeting of the commission must be held regularly at least once every 3 months.
2. Three members of the commission constitute a quorum. A quorum may exercise any power conferred on the commission, but no regulations may be adopted, amended or rescinded except by a majority vote of the entire membership of the commission.
3. The commission shall keep minutes of the transactions of each meeting . [, regular or special.] The minutes are public records and must be filed with the department.
Sec. 13. NRS 288.137 is hereby amended to read as follows:
288.137 1. The advisory committee shall solicit applications and interview applicants for the positions available on the board. The advisory committee shall then submit to the governor a list of those applicants receiving a vote of at least two representatives of local government employers and at least two representatives of employee organizations, from which list the appointment [shall] must be made.
2. The advisory committee [shall] may meet regularly at least semiannually to review the procedures provided for in this chapter, advise the board in any manner requested, and file a report with the legislature at the next session of the legislature regarding procedures under the provisions of this chapter and making recommendations for desirable legislation affecting this chapter.
Sec. 14. NRS 380A.071 is hereby amended to read as follows:
380A.071 1. The council [shall] may meet regularly at least twice each year and, within the limits of legislative appropriations, may hold additional meetings upon the call of the chairman.
2. Each member of the council is entitled to receive a salary of $60 for each days attendance at a meeting of the council and the per diem allowance and travel expenses provided by law.
3. Payments must be made upon itemized and verified claims