[Rev. 2/27/2019 1:28:13 PM]
κ1983 Statutes of Nevada, Page 1441 (CHAPTER 518, AB 667)κ
approved by the state librarian from money appropriated to the Nevada state library.
Sec. 15. NRS 381.002 is hereby amended to read as follows:
381.002 1. The joint board of museums and history, consisting of eleven members appointed by the governor, is hereby created.
2. The governor shall appoint as members of the joint board:
(a) Five persons who are members of the Nevada state museum; one of whom must be familiar with the Lost City museum;
(b) Five persons who are members of the Nevada historical society; and
(c) One other person.
3. The governor shall designate the chairman of the joint board from among its members.
4. The joint board [shall] may meet regularly at least quarterly and [shall] may meet at other times upon the call of its chairman. For attendance at meetings of the joint board, its members are entitled to receive the travel expenses and subsistence allowances as provided for state officers and employees.
5. The joint board shall establish nonadministrative policies for the department of museums and history, the Nevada state museum and the Nevada historical society.
Sec. 16. NRS 385.040 is hereby amended to read as follows:
385.040 1. The state board of education [shall] may hold at least four regular meetings annually at the state capital. The secretary shall call all regular meetings.
2. The board may hold special meetings at such other times and places as the board may direct. The secretary shall call special meetings upon the written request of the president or any three members of the board.
3. A majority of the board constitutes a quorum for the transaction of business, and no action of the board is valid unless that action receives, at a legally called meeting, the approval of a majority of all board members.
Sec. 17. NRS 388.350 is hereby amended to read as follows:
388.350 The state board for vocational education [shall] may hold at least four meetings regularly in each year at the state capital, coincident with the meetings of the state board of education.
Sec. 18. NRS 394.385 is hereby amended to read as follows:
394.385 1. The governor shall appoint:
(a) One member who is a representative of the state board of education.
(b) Two members who are knowledgeable in the field of education, but not persons representing postsecondary educational institutions, or colleges established or maintained under the laws of this state.
(c) Two members who are representatives of private postsecondary educational institutions.
κ1983 Statutes of Nevada, Page 1442 (CHAPTER 518, AB 667)κ
(d) Two members who are representatives of the general public and are not associated with the field of education.
2. The commission shall designate a chairman. The administrator is the executive secretary. The commission [shall] may meet regularly at least four times each year at such places and times as [shall] may be specified by a call of the chairman or majority of the commission. The commission shall prescribe regulations for its own management. Four members of the commission constitute a quorum which may exercise all the authority conferred upon the commission.
3. Any commissioner may be removed by the governor if, in his opinion, the commissioner is guilty of malfeasance in office or neglect of duty.
Sec. 19. NRS 396.100 is hereby amended to read as follows:
396.100 1. The board of regents [shall] may hold at least four regular meetings in each year, and may hold special meetings at the call of the chairman of the board.
2. At all times, the records of all proceedings of the board are open to public inspection except records of a closed meeting which have not become public.
Sec. 20. NRS 407.033 is hereby amended to read as follows:
407.033 1. The members of the commission [shall] may meet at such times and at such places as [shall be] are specified by the call of the chairman or a majority of the commission [, but] and a meeting of the commission [shall] may be held at least quarterly. In case of emergency, special meetings may be called by the chairman or by the administrator.
2. The commission shall give notice of any proposed meeting, other than an emergency meeting, at least 30 days before the meeting. The notice [shall] must contain an agenda of all matters to be considered, including without limitation any matter involving a change in any fee permitted to be charged under this chapter. The commission shall send a copy of each notice to every member of the legislature.
3. Four members of the commission constitute a quorum. A quorum may exercise all the power and authority conferred on the commission.
4. Minutes of each meeting, regular or special, [shall] must be filed in the office of the division and [shall be] are public records.
Sec. 21. NRS 417.170 is hereby amended to read as follows:
417.170 1. The advisory commission [shall] may meet regularly at least twice every fiscal year.
2. Meetings of the advisory commission may be held at the call of the chairman whenever he determines that there is sufficient business to warrant action by the advisory commission or whenever three members of the advisory commission submit a written request for a meeting.
3. Notice of the time, place and purpose of all meetings must be given in writing to each member at least 5 days before the meeting.
κ1983 Statutes of Nevada, Page 1443 (CHAPTER 518, AB 667)κ
Sec. 22. NRS 422.110 is hereby amended to read as follows:
422.110 1. The members of the board [shall] may meet at such times and at such places as the board, the chairman of the board, the administrator or the director deems necessary [, but] and a meeting of the board [must] may be held at least once each year.
2. Four members of the board constitute a quorum, and a quorum may exercise all the power and authority conferred on the board.
3. The board shall keep minutes of the transactions of each board session, regular or special, which are public records and must be filed with the welfare division.
Sec. 23. (Deleted by amendment.)
Sec. 24. NRS 432A.075 is hereby amended to read as follows:
432A.075 1. The board [shall] may meet regularly at least four times a year and may meet at such other times as the board deems necessary.
2. Each member of the board is entitled to receive:
(a) A salary of not more than $60 per day, as fixed by the board, while engaged in the business of the board.
(b) The per diem expense allowance and travel expenses as provided by law for state officers.
Sec. 25. NRS 433.304 is hereby amended to read as follows:
433.304 1. The members of the board [shall] may meet at such times and places as are necessary [, but] and board meetings [must] may be held regularly at least quarterly. The board shall keep minutes of the transactions of each board meeting, which are public records and must be filed with the division.
2. For each days attendance at a meeting of the board, the members are entitled to receive a salary of $60 and the per diem expense allowances and travel expenses as fixed by law.
3. A majority of the members of the board constitutes a quorum, and [such] a quorum may exercise all powers of the board.
4. The board shall prescribe regulations for its own management.
Sec. 26. NRS 439.060 is hereby amended to read as follows:
439.060 1. The state board of health [shall] may meet regularly at least once every 6 months.
2. The state board of health [shall] may hold such special meetings as may be called by the chairman. A special meeting must be called whenever requested by the state health officer, the adminis-or by two members of the board.
3. Four members constitute a quorum, but a concurrence of at least a majority of the members of the board is required on all questions.
Sec. 27. NRS 439A.030 is hereby amended to read as follows:
439A.030 1. The council consists of at least 7 members appointed by the governor. Not less than 50 nor more than 60 percent of the members of the council must be persons who are recipients of health services and not providers of health services.
κ1983 Statutes of Nevada, Page 1444 (CHAPTER 518, AB 667)κ
2. Each health systems agency is entitled to the same number of representatives, no fewer than two, on the council. Of the representatives of each health systems agency, not less than 50 nor more than 60 percent must be persons who are recipients of health services and not providers of health services.
3. If one or more hospitals or other health care facilities of the Veterans Administration are located in the state, the council shall, in addition to the appointed members, include as a nonvoting member a person whom the Chief Medical Director of the Veterans Administration designates as a representative of such a facility or facilities.
4. The council shall select a chairman from among its members.
5. The council [shall] may meet regularly at least once in each calendar quarter of a year.
Sec. 28. NRS 451.390 is hereby amended to read as follows:
451.390 The committee shall from time to time adopt such [rules and] regulations as it may deem necessary for the performance of its duties. The committee [shall] may meet regularly once a year and at such other times as it deems necessary.
Sec. 29. NRS 463.029 is hereby amended to read as follows:
463.029 1. Regular and special meetings of the commission may be held, at the discretion of the commission, at such times and places as it may deem convenient, but at least one regular meeting [shall] may be held each month on or after the 15th day of the month.
2. A majority of the members [shall constitute] is a quorum of the commission.
Sec. 30. NRS 463.110 is hereby amended to read as follows:
463.110 1. The board may hold regular and special meetings at such times and places as it may deem convenient, [but it shall] and it may hold at least one regular meeting each month.
2. All meetings of the board are open to the public except for investigative hearings which may be conducted in private at the discretion of the board or hearing examiner.
3. A majority of the members constitutes a quorum of the board, and a majority of members present at any meeting determines the action of the board.
4. Investigative hearings may be conducted by one or more members with the concurrence of a majority of the board, or by a hearing examiner appointed by the board, without notice, at such times and places, within or without the State of Nevada, as may be convenient.
Sec. 31. NRS 472.030 is hereby amended to read as follows:
472.030 1. The state board of forestry and fire control, consisting of seven members appointed by the governor, is hereby created in the division of forestry of the state department of conservation and natural resources.
2. The governor shall appoint:
(a) One member from the Nevada Woolgrowers Association;
κ1983 Statutes of Nevada, Page 1445 (CHAPTER 518, AB 667)κ
(b) One member from the Nevada State Cattlemens Association;
(c) One member who is a representative of the agricultural industry;
(d) One member who is an active participant in outdoor activities connected with fish and wildlife;
(e) One member who is a representative of the lumber and forest products industry;
(f) One member who is a representative of the general public; and
(g) One member who is a representative of the fire services.
3. The board shall select a chairman from among its members to serve for 1 year. The state forester firewarden shall serve as the secretary of the board.
4. The board [shall] may meet regularly twice yearly, once in the spring and once in the fall of the year, the date to be fixed by the secretary at any convenient place in the state, and may meet at other times upon the call of the secretary.
5. The members of the board are entitled to receive a salary of $60 for each days attendance at a meeting of the board and the per diem allowance and travel expenses provided by law.
6. The board shall advise the director of the state department of conservation and natural resources on matters relating to the establishment and maintenance of an adequate policy of forest and watershed protection. The general policies for the guidance of the state forester firewarden must be determined and designated by the director of the state department of conservation and natural resources after consultation with the board.
Sec. 32. NRS 477.020 is hereby amended to read as follows:
477.020 1. The state board of fire services, consisting of seven members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) A licensed architect;
(b) A chief of a volunteer fire department.
(c) A chief of a full-time, paid fire department.
(d) A professional engineer;
(e) The state forester firewarden;
(f) A training officer of a volunteer fire department; and
(g) A training officer of a partially or fully paid fire department,
to the board. No member other than the state forester firewarden may serve for more than two consecutive terms.
3. The board shall select a chairman from among its members to serve for 1 year. The state fire marshal shall serve as the secretary of the board.
4. The board [shall] may meet regularly at least twice each year or on the call of the chairman, the secretary or any three members.
5. The members of the board, except the state forester firewarden, are entitled to receive a salary of $60 for each days attendance at a meeting of the board and all members are entitled to the per diem allowances and travel expenses provided by law.
κ1983 Statutes of Nevada, Page 1446 (CHAPTER 518, AB 667)κ
meeting of the board and all members are entitled to the per diem allowances and travel expenses provided by law.
6. The board shall make recommendations to the state fire marshal and to the legislature concerning necessary legislation in the field of firefighting and fire protection. When requested to do so by the director of the department of commerce, the board shall recommend to him not fewer than three persons for appointment as state fire marshal.
7. The board shall advise the state fire marshal on matters relating to the training of firemen.
Sec. 33. NRS 477.180 is hereby amended to read as follows:
477.180 1. The board of fire safety, consisting of eleven members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) A licensed architect;
(b) Three chiefs of or fire marshals from local fire departments, at least one of whom must be from a fire department in a county having a population of less than 100,000;
(c) A building official of a local government which is or is within each county having a population of 100,000 or more;
(d) A licensed general contractor;
(e) A professional engineer;
(f) Two representatives of gaming and lodging enterprises; and
(g) The state fire marshal,
to the board.
3. The board shall elect a chairman from among its members to serve for 1 year. The state fire marshal shall serve as secretary of the board.
4. The board [shall] may meet regularly approximately once each month [or] , at least eight times a year or on the call of the chairman, the state fire marshal or a majority of the members.
5. The members of the board, except those who are public officers or employees, are entitled to receive a salary of $80 for each days attendance at a meeting of the board or a committee of the board and all members are entitled to the per diem allowances and travel expenses provided by law. The state fire marshal shall provide in the budget of his office for sufficient money to pay salaries and allowances for members and other expenses of the board.
Sec. 34. NRS 501.177 is hereby amended to read as follows:
501.177 1. The commission [shall] may hold at least nine meetings regularly each year at the headquarters of the department or at such other locations as the commission may designate.
2. Special meetings of the commission may be held at such times and places as the commission deems proper.
3. Four members of the commission constitute a quorum for the transaction of any business which may come before the commission.
κ1983 Statutes of Nevada, Page 1447 (CHAPTER 518, AB 667)κ
Sec. 35. NRS 523.081 is hereby amended to read as follows:
523.081 1. The board [shall] may meet regularly at least once [in] every 2 months.
2. Eight members of the board constitute a quorum.
3. Members of the board are entitled to receive:
(a) A salary of $60 for each days attendance at a meeting of the board; and
(b) The subsistence allowance and travel expenses provided by law.
Claims must be approved by the chairman and paid from money provided by legislative appropriation as other claims against the state are paid.
Sec. 36. NRS 548.148 is hereby amended to read as follows:
548.148 The commission [shall] may meet regularly at quarterly intervals. Additional meetings may be held as required.
Sec. 37. NRS 561.095 is hereby amended to read as follows:
561.095 1. The members of the board [shall] may meet at such times and at such places as [shall] may be specified by the call of the chairman or a majority of the board [, but] and a meeting of the board [shall] may be held regularly at least once every 3 months. In case of emergency, special meetings may be called by the chairman or by the executive director.
2. Four members of the board [shall] constitute a quorum. A quorum may exercise all the [power and] authority conferred on the board.
3. Minutes of each meeting, regular or special, [shall] must be filed with the department and [shall be] are public records.
Sec. 38. NRS 590.495 is hereby amended to read as follows:
590.495 1. The board [shall] may hold three regular meetings per year in the months of March, July and November at such times and at such places as [shall] may be specified by a call of the chairman.
2. Special meetings may be held at such times and places as [shall] may be specified by a call of the chairman or a majority of the board.
3. At the regular meeting in March of each year, the board shall elect, by majority vote, a chairman, vice chairman and secretary-treasurer, who shall hold their respective offices for a period of 1 year and are thereafter ineligible to be reelected to the same office for the next ensuing year.
4. Three members of the board [shall] constitute a quorum, and [such quorum] may exercise all the power and authority conferred on the board.
5. All notices or calls for regular or special meetings of the board [shall] must be given in writing at least 2 days before the meeting specified.
κ1983 Statutes of Nevada, Page 1448 (CHAPTER 518, AB 667)κ
Sec. 39. NRS 610.070 is hereby amended to read as follows:
610.070 The state apprenticeship council [shall] may meet regularly at least once in each calendar quarter and may meet at other times at the call of a majority of its members.
Sec. 40. NRS 612.305 is hereby amended to read as follows:
612.305 1. The Nevada employment security council, consisting of nine members appointed by the governor, is hereby created to assure an impartial development of administrative policies within the employment security department.
2. The governor shall appoint members who represent an equal number of employer representatives and employee representatives who may fairly be regarded as representative because of their vocation, employment or affiliations, and members who are representatives of the general public.
3. The governor may remove any member of the employment security council for cause.
4. Members of the employment security council are entitled to receive $60 per day for each day of actual service and are entitled to receive traveling expenses and subsistence allowances as provided by law.
5. Regular meetings of the employment security council [must] may be held twice in each calendar year. Special meetings, not to exceed six in number during any calendar year, may be held at the call of the chairman.
6. The executive director is an ex officio member of the employment security council and is its secretary. The secretary is not entitled to compensation for his services on the employment security council, but he is entitled to be reimbursed for his necessary traveling and other expenses.
Sec. 41. NRS 637.050 is hereby amended to read as follows:
637.050 1. The principal office of the board is the place of business or employment of the secretary of the board, but it may maintain offices in as many locations in the state as it finds necessary to carry out the provisions of this chapter, and may meet or conduct any of its business at any place in the state.
2. The board shall meet at least once [annually,] in August each year, at which time candidates applying for licensing [shall] must be examined and their qualifications determined.
3. In addition to the meeting required by subsection 2, the board may hold such other meetings as it may deem advisable. The time and place of all such meetings [shall] must be determined by the board.
Sec. 42. NRS 645.150 is hereby amended to read as follows:
645.150 1. The commission [shall] may hold at least two regular meetings annually, one of which must be held in the southern part of the state, and one of which must be held in the northern part of the state, at such place or places as the commission designates for that purpose.
κ1983 Statutes of Nevada, Page 1449 (CHAPTER 518, AB 667)κ
2. Additional meetings of the commission may be held at the call of the president when there is sufficient business to come before the commission to warrant such action, at any place convenient to the commission, or upon written request of two members of the commission. Written notice of the time, place and purpose of all [such] meetings must be given to each member at least 3 working days [prior to the holding of each additional] before the meeting.
Sec. 43. NRS 678.290 is hereby amended to read as follows:
678.290 1. The credit union advisory council, consisting of five members appointed by the governor, is hereby created to consult with, advise and make recommendations to the commissioner in all matters pertaining to credit unions.
2. The governor shall appoint members who have tested credit union experience from a list of recommended names submitted by the Nevada Credit Union League.
3. After the initial terms, members serve terms of 4 years, except when appointed to fill unexpired terms.
4. The chairman of the advisory council shall be elected annually by and from the members thereof.
5. The meetings of the advisory council [must] may be held at such times and places as the chairman or commissioner determines [, but] and may be held regularly at least once every 6 months.
6. Council members are entitled to receive a salary of $60 for each days attendance at a meeting of the council and the per diem allowances and travel expenses provided for state officers and employees.
Sec. 44. Sections 1, 7, 12, 21, 26 and 27 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
Assembly Bill No. 675Committee on Ways and Means
CHAPTER 519
AN ACT relating to unclassified salaries; changing such salaries in accordance with the executive budget; 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 following state officers and employees in the unclassified service of the State of Nevada are entitled to receive annual salaries of not more than the approximate maximum amounts set forth following their specified titles or positions:
κ1983 Statutes of Nevada, Page 1450 (CHAPTER 519, AB 675)κ
Approximate
Title or Position Annual
Salary
1. Office of the governor:
Executive assistant................................................................................... $40,674
Executive assistant................................................................................... 39,752
Administrative assistant.......................................................................... 35,751
Employee relations officer....................................................................... 32,060
Special assistant, Las Vegas................................................................... 29,700
Executive assistant (press secretary)..................................................... 27,926
Office manager........................................................................................... 26,000
Secretary to governor............................................................................... 22,140
Administrative secretary (seven positions) each................................ 17,344
2. Office of the lieutenant governor:
Chief assistant........................................................................................... $17,170
3. Office of the secretary of state:
Deputy secretary of state........................................................................ $28,060
Deputy secretary of state, securities..................................................... 26,892
Coordinator, corporate filing................................................................... 22,847
Chief assistant........................................................................................... 18,289
4. Office of the state treasurer:
Chief deputy state treasurer.................................................................... $28,060
Treasury cashier........................................................................................ 24,679
5. Office of the state controller:
General manager........................................................................................ $35,443
Accountant................................................................................................ 32,400
Assistant controller.................................................................................. 28,060
6. Office of the attorney general:
(a) Central office in Carson City
Chief deputy V, attorney general............................................................ $43,617
Chief deputy IV, criminal.......................................................................... 39,960
Chief deputy IV, civil................................................................................ 39,960
Deputy III, civil.......................................................................................... 37,800
Deputy III, public lands........................................................................... 37,800
Deputy III, criminal................................................................................... 37,800
Deputy II, civil........................................................................................... 32,400
Deputy II, civil........................................................................................... 32,400
Deputy II, criminal (1/2 time for parole and probation)....................... 32,400
Deputy II, civil........................................................................................... 32,400
Deputy I, criminal...................................................................................... 28,080
Chief investigator..................................................................................... 27,000
Investigator............................................................................................... 25,438
Administrative assistant.......................................................................... 25,252
Supervisor, office services...................................................................... 25,252
Crime prevention coordinator................................................................. 20,888
Criminal legal researcher.......................................................................... 18,360
κ1983 Statutes of Nevada, Page 1451 (CHAPTER 519, AB 675)κ
Approximate
Title or Position Annual
Salary
(b) Central office in Las Vegas
Chief deputy V, Las Vegas...................................................................... $43,617
Investigator, Las Vegas........................................................................... 25,438
Deputy III (1/2 time, two positions) each.............................................. 18,900
Deputy III................................................................................................... 37,800
Office manager.......................................................................................... 17,375
(c) Highway legal counsel
Chief deputy IV......................................................................................... $39,960
Deputy III................................................................................................... 37,800
Deputy III................................................................................................... 37,800
Deputy III................................................................................................... 37,800
Deputy II (two positions) each............................................................... 32,400
Deputy I..................................................................................................... 28,080
Legal research assistant (two positions) each..................................... 18,360
(d) Agency deputies
Chief deputy IV, gaming.......................................................................... $43,200
Deputy III, mental hygiene and mental retardation division.............. 37,800
Deputy III, welfare.................................................................................... 37,800
Deputy IV, gaming control board (two positions) each..................... 39,960
Chief deputy IV, human resources......................................................... 39,960
Deputy III, conservation......................................................................... 37,800
Deputy III, welfare.................................................................................... 37,800
Deputy III, gaming commission (three positions) each...................... 37,800
Chief deputy IV, commerce..................................................................... 39,960
Deputy II, motor vehicles........................................................................ 32,400
Deputy III, department of taxation......................................................... 37,800
Deputy III, insurance............................................................................... 37,800
Deputy III, gaming commission.............................................................. 37,800
Deputy III, administration, general services, data processing and personnel ............................................................................................................. 37,800
Deputy III, insurance fraud..................................................................... 37,800
Deputy III, environmental protection.................................................... 37,800
Deputy III, taxicab and equal rights....................................................... 37,800
Deputy II, housing division.................................................................... 32,400
Deputy III, water resources..................................................................... 37,800
Deputy II, welfare (two positions) each................................................ 32,400
Deputy III, prison..................................................................................... 37,800
Deputy III, consumer affairs................................................................... 37,800
Deputy II, motor vehicles........................................................................ 32,400
Deputy II, department of taxation.......................................................... 32,400
Deputy II, real estate division................................................................. 32,400
κ1983 Statutes of Nevada, Page 1452 (CHAPTER 519, AB 675)κ
Approximate
Title or Position Annual
Salary
Deputy IV, Colorado River commission................................................ $39,960
Deputy I, Colorado River commission................................................... 28,080
Deputy I, criminal, prison........................................................................ 28,080
(e) Office of advocate for customers of public utilities:
Consumers advocate.............................................................................. $43,200
Staff counsel.............................................................................................. 39,689
Rate specialist........................................................................................... 35,409
Accountant................................................................................................ 39,409
Administrative assistant.......................................................................... 21,600
7. Department of administration:
Director....................................................................................................... $46,827
Appeals officer, hearings division......................................................... 40,674
Appeals officer, hearings division (each)............................................. 35,751
Deputy budget administrator.................................................................. 37,044
Chief assistant budget administrator..................................................... 35,433
Director, Clear Creek................................................................................. 20,247
8. Department of commerce:
Director....................................................................................................... $43,200
Commissioner of insurance..................................................................... 36,982
Administrator, financial institutions...................................................... 36,982
Deputy commissioner of insurance (Las Vegas)................................. 34,543
Deputy Administrator, financial institutions........................................ 35,751
Deputy Administrator, financial institutions........................................ 35,751
Specialist in Medical Cost Containment, insurance............................ 35,433
Administrator, housing division............................................................ 35,100
State fire marshal....................................................................................... 33,907
Administrator, manufactured housing division................................... 32,060
Administrator, real estate division......................................................... 32,060
Administrator, unclaimed property........................................................ 30,213
Deputy commissioner of insurance (Carson City)............................... 26,646
Deputy administrator, real estate division (Las Vegas)...................... 26,522
Commissioner of consumer affairs......................................................... 28,060
Deputy administrator, housing division............................................... 28,060
Chief assistant, housing division........................................................... 25,907
Deputy director......................................................................................... 25,292
Chief fraud investigator........................................................................... 23,750
Insurance investigators (2) each............................................................ 20,021
9. State department of conservation and natural resources:
Director....................................................................................................... $42,060
Administrator, division of environmental protection.......................... 39,135
State engineer (division of water resources)........................................ 37,597
κ1983 Statutes of Nevada, Page 1453 (CHAPTER 519, AB 675)κ
Approximate
Title or Position Annual
Salary
State forester firewarden.......................................................................... $33,290
Administrator, division of state parks................................................... 33,290
Administrator, division of state lands................................................... 30,213
District supervisor, water commissioners, division of water resources ............................................................................................................. 28,983
10. Department of data processing:
Director....................................................................................................... $41,580
Chief, systems and programming........................................................... 39,420
Chief, facility management...................................................................... 34,560
11. Department of education:
Superintendent of public instruction..................................................... $43,750
Deputy superintendent of public instruction....................................... 37,597
Associate superintendent for administration....................................... 35,751
12. Nevada gaming commission and state gaming control board:
Chairman, gaming control board............................................................ $50,760
Member, gaming control board (two positions) each......................... 48,600
Chief, investigation.................................................................................. 39,960
Chief, enforcement.................................................................................... 39,960
Chief, audit................................................................................................. 43,200
Chief, special investigation and intelligence........................................ 39,960
Chief, tax and license................................................................................ 39,960
Executive secretary, gaming commission.............................................. 32,400
Systems analyst........................................................................................ 35,640
Electronics engineer................................................................................. 37,800
Coordinator, applicant services.............................................................. 35,100
Chief deputy, enforcement (two positions) each................................. 36,180
Chief deputy, audit (three positions) each........................................... 37,800
Hearing officer, gaming............................................................................ 30,240
Chief deputy, investigations (three positions) each........................... 36,180
Training officer.......................................................................................... 32,400
Supervisor, special investigations and intelligence (two positions) each ............................................................................................................. 33,480
Business manager, office services......................................................... 33,480
Information service director.................................................................... 32,400
Financial analyst, office services (two positions) each...................... 30,240
Supervisor, investigations...................................................................... 33,480
Supervisor, enforcement.......................................................................... 33,480
Supervisor, audit (five positions) each................................................. 34,560
Management analyst, gaming (two positions) each........................... 32,400
Computer programmer.............................................................................. 32,400
κ1983 Statutes of Nevada, Page 1454 (CHAPTER 519, AB 675)κ
Approximate
Title or Position Annual
Salary
Securities analyst, gaming....................................................................... $31,320
Personnel officer....................................................................................... 32,400
Senior agent, investigation (eight positions) each.............................. 30,240
Senior agent, special investigation and intelligence (four positions) each ............................................................................................................. 30,240
Senior agent, audit (14 positions) each................................................. 31,320
Deputy chief, tax and license.................................................................. 36,180
Electronics specialist................................................................................ 29,160
Senior agent, enforcement (11 positions) each.................................... 30,240
Intelligence analyst.................................................................................. 30,240
Agent II, financial investigations (three positions) each................... 27,000
Agent II, special investigation and intelligence (four positions) each ............................................................................................................. 27,000
Agent II, audit (26 positions) each........................................................ 28,080
Agent II, investigations (13 positions) each........................................ 27,000
Agent, enforcement (21 positions) each............................................... 27,000
Senior agent, tax and license................................................................... 30,240
Agent I, financial investigations (three positions) each.................... 23,760
Agent I, investigations (16 positions) each......................................... 23,760
Agent I, enforcement (23 positions) each............................................. 23,760
Electronics technician, enforcement...................................................... 25,920
Agent applicant service........................................................................... 24,300
Agent I, audit (33 positions) each.......................................................... 24,840
Agent I, tax and license (two positions) each...................................... 23,760
Legal researcher, gaming......................................................................... 21,600
Statistician, gaming.................................................................................. 20,520
Systems programmer................................................................................ 28,080
Programmer-analyst.................................................................................. 25,920
13. Department of general services:
Director....................................................................................................... $43,459
Administrator, motor pool....................................................................... 32,400
14. Department of personnel:
Director....................................................................................................... $41,289
15. Department of human resources:
Director....................................................................................................... $51,570
Deputy director......................................................................................... 42,045
Administrator, health division................................................................ 42,000
Medical program coordinator, Nevada mental health institute......... 64,800
Administrator, mental hygiene and mental retardation division....... 49,288
κ1983 Statutes of Nevada, Page 1455 (CHAPTER 519, AB 675)κ
Approximate
Title or Position Annual
Salary
State welfare administrator...................................................................... $44,360
Deputy administrator, mental hygiene and mental retardation division ............................................................................................................. 44,365
Administrator, rehabilitation division.................................................... 40,366
Associate administrator, mental retardation......................................... 39,443
Administrator, youth services division................................................. 36,982
Superintendent, childrens home (two positions) each...................... 36,982
Administrator, aging services division................................................. 35,751
Deputy administrator, aging services (Las Vegas).............................. 33,857
Deputy administrator, aging services (Carson City)........................... 33,857
Superintendent, youth training center.................................................. 32,675
Superintendent, girls training center..................................................... 32,675
Deputy administrator, youth services division.................................... 32,379
Chief, child care services bureau............................................................ 23,077
16. Department of industrial relations:
Director....................................................................................................... $41,289
Assistant director..................................................................................... 39,960
Attorney..................................................................................................... 36,000
Administrator, division of industrial insurance regulation................ 39,289
Administrator, division of occupational safety and health................ 37,081
Administrator, division of administrative services.............................. 35,569
Administrator, division of mine inspection.......................................... 32,473
17. Office of the labor commissioner:
Labor commissioner................................................................................. $31,445
Deputy (Las Vegas).................................................................................. 20,207
Chief assistant........................................................................................... 17,783
18. Department of the military:
Adjutant general....................................................................................... $35,100
Director, division of emergency management...................................... 27,137
19. Department of minerals:
Director....................................................................................................... $45,800
Deputy director, nuclear waste............................................................... 32,000
20. Department of museums and history:
Director....................................................................................................... $30,830
Director, Nevada state museum.............................................................. 29,598
Director, Nevada historical society........................................................ 27,137
Assistant director, Nevada historical society...................................... 22,216
21. State board of parole commissioners:
Chairman.................................................................................................... $30,240
Parole board member (two positions) each........................................... 27,000
κ1983 Statutes of Nevada, Page 1456 (CHAPTER 519, AB 675)κ
Approximate
Title or Position Annual
Salary
Secretary to parole board........................................................................ $23,223
22. Office of the state public defender:
State public defender............................................................................... $37,290
Supervising public defender (office)..................................................... 35,751
Supervising public defender (trial)......................................................... 33,290
Deputy public defender (six positions) each........................................ 32,060
Deputy public defender (prison)............................................................ 32,060
Investigator............................................................................................... 24,214
Legal research assistant.......................................................................... 18,071
23. Public service commission:
Chairman.................................................................................................... $45,924
Public service commissioners, each....................................................... 43,200
Deputy commissioner.............................................................................. 38,212
Senior auditor (four positions) each...................................................... 36,736
Financial analyst....................................................................................... 37,409
Utility operation and rate specialist....................................................... 37,409
Auditor (ten positions) each................................................................... 33,536
Staff counsel.............................................................................................. 42,120
Assistant staff counsel (two positions) each...................................... 37,409
Director, consumer affairs....................................................................... 30,240
Public education and statistical analyst................................................ 30,619
Administrative assistant (five positions) each.................................... 25,907
Utility rate and tariff specialist................................................................ 29,884
Manager, engineering services.............................................................. 41,688
Engineer, communications...................................................................... 37,409
Engineer, water.......................................................................................... 37,409
Engineer, electric....................................................................................... 37,409
Engineer, gas pipeline safety.................................................................. 37,409
Manager, audit.......................................................................................... 42,228
Director, regulatory operations.............................................................. 43,200
Systems analyst........................................................................................ 33,858
Manager, rates and tariffs....................................................................... 35,100
Manager, transportation.......................................................................... 35,100
Specialist in transportation rates and tariffs......................................... 29,883
Senior analyst (two positions) each...................................................... 33,536
Manager, consumer affairs office (Las Vegas)..................................... 28,104
Legal counsel............................................................................................ 42,120
Secretary for policy.................................................................................. 40,500
Assistant legal counsel........................................................................... 37,409
Economist.................................................................................................. 40,148
24. Department of taxation:
Executive director..................................................................................... $41,289
Deputy executive director....................................................................... 38,817
κ1983 Statutes of Nevada, Page 1457 (CHAPTER 519, AB 675)κ
Approximate
Title or Position Annual
Salary
Deputy executive director....................................................................... $35,751
Deputy executive director....................................................................... 33,290
25. Commission on tourism:
Executive Director..................................................................................... $47,500
Director, marketing................................................................................... 38,817
Public information officer........................................................................ 34,935
Business manager..................................................................................... 32,367
Development specialist, tourism (each)................................................ 34,801
Editor and publisher, Nevada magazine................................................ 38,817
Managing editor, division of publications........................................... 26,838
Editor, promotions, division of publications........................................ 20,302
Market and promotion manager, division of publications................. 21,797
26. Commission on economic development:
Executive director..................................................................................... $47,500
Senior associate, industrial development............................................. 38,817
Associate, industrial development, each.............................................. 34,935
Director, film.............................................................................................. 38,817
27. Miscellaneous departments, commissions and other agencies:
Director, department of transportation.................................................. $51,300
Deputy director, department of transportation.................................... 48,895
Director, department of motor vehicles................................................. 48,600
Director, department of prisons.............................................................. 47,520
Manager, state public works board....................................................... 41,904
Executive director, employment security department......................... 41,289
Director, Colorado River commission.................................................... 40,500
Executive director, state department of agriculture............................. 38,212
Chief parole and probation officer......................................................... 36,982
Deputy manager, state public works board.......................................... 36,982
Director, department of wildlife.............................................................. 35,751
Commissioner, local government employee-management, relations board ............................................................................................................. 33,907
Executive director, state dairy commission........................................... 33,290
Taxicab administrator............................................................................... 32,400
Director, state job training office............................................................ 32,060
Executive secretary, Henderson track................................................... 32,060
Deputy director, department of motor vehicles................................... 32,060
Director, office of community services.................................................. 31,320
Executive director, equal rights commission........................................ 30,240
Deputy director, Colorado River commission...................................... 30,213
Director, state occupational information coordinating committee.... 29,906
κ1983 Statutes of Nevada, Page 1458 (CHAPTER 519, AB 675)κ
Approximate
Title or Position Annual
Salary
Chief investigator, Henderson track...................................................... $28,144
Steward, Henderson track....................................................................... 27,277
Chairman, committee to hire the handicapped..................................... 27,137
Executive secretary, Nevada athletic commission............................... 27,000
Executive director, Nevada Indian commission................................... 26,892
Executive director, council on the arts.................................................. 25,907
Director, division of brand inspection................................................... 24,922
Pari-mutuel manager, Henderson track.................................................. 24,061
Nevada commissioner for veteran affairs.............................................. 23,938
Deputy director, office of community services.................................... 22,216
Nevada deputy commissioner for veteran affairs (Las Vegas).......... 20,000
Secretary, local government employee-management relations board ............................................................................................................. 17,170
License investigator, Henderson track.................................................. 16,886
License inspector — veterinarians aide, Henderson track................. 13,637
Industrial attorney.................................................................................... 35,382
Deputy industrial attorney...................................................................... 33,599
Deputy industrial attorney (one or more)............................................. 31,722
Deputy industrial attorney...................................................................... 30,780
Deputy industrial attorney...................................................................... 29,500
28. Supreme court:
Supervisory staff attorney...................................................................... $41,507
Deputy supervisory staff attorney........................................................ 35,000
Clerk............................................................................................................ 36,668
Chief deputy clerk..................................................................................... 27,698
Court administrator................................................................................... 35,650
Deputy court administrator..................................................................... 34,951
Law librarian.............................................................................................. 30,645
Law clerk (six positions) each................................................................. 22,216
Sec. 2. NRS 232.280 is hereby amended to read as follows:
232.280 1. Except for the state fire marshal [,] and the commissioner of insurance, the chiefs of the divisions of the department may each appoint a deputy and a chief assistant . The commissioner of insurance may appoint two deputies.
2. These deputies and chief assistants are in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS. Each deputy and chief assistant shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.
Sec. 3. NRS 232.610 is hereby amended to read as follows:
232.610 The director:
1. Is appointed by, is responsible to and serves at the pleasure of the governor.
κ1983 Statutes of Nevada, Page 1459 (CHAPTER 519, AB 675)κ
2. Is in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.
3. Is entitled to receive [an annual salary of $38,231 and] the travel expenses and subsistence allowances fixed by law for state officers and employees.
4. Must not engage in any other gainful employment or occupation.
5. Must have responsible administrative experience in public or business administration or possess broad management skills in areas related to the functions of the department.
6. Must have the demonstrated ability to administer a major public agency in the field of industrial relations which has diverse functional divisions with related goals. His knowledge and abilities must include:
(a) A comprehensive knowledge of administrative principles and a working knowledge of broad principles relating to the subject matters under his administrative direction;
(b) An administrative ability to assess the adequacy of agency operations and the protection of the public interest as related to the subject fields; and
(c) An ability to organize and present oral and written communication to the governor, the legislature, and other pertinent officials or persons.
7. Possess a background which indicates that he can impartially serve the interests of both employees and employers.
Sec. 4. NRS 232.630 is hereby amended to read as follows:
232.630 1. The director may appoint an assistant director of the department and assign his duties.
2. The assistant director is in the unclassified service of the state and is entitled to receive [:
(a) An annual salary of $37,000; and
(b) Travel] the travel expenses and subsistence allowances as provided for state officers and employees.
3. The assistant director shall devote his entire time and attention to the business of his office and shall not engage in any other gainful employment or occupation.
Sec. 5. NRS 232.640 is hereby amended to read as follows:
232.640 The administrator of each of the divisions of the department:
1. Is in the unclassified serviced of the state pursuant to the provisions of NRS chapter 284.
2. [Is entitled to receive an annual salary as follows:
(a) Division of administrative services............................................ $32,808
(b) Division of occupational safety and health.............................. 34,334
(c) Division of mine inspection......................................................... 30,068
(d) Division of industrial insurance regulation............................... 36,379
3.] Is entitled to receive travel expenses and subsistence allowances as provided for state officers and employees when traveling in the discharge of his official duties.
κ1983 Statutes of Nevada, Page 1460 (CHAPTER 519, AB 675)κ
as provided for state officers and employees when traveling in the discharge of his official duties.
[4.] 3. Shall administer the provisions of law relating to his division, subject to the administrative supervision of the director.
[5.] 4. Shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit, except for temporary and part-time teaching duties on a university campus.
Sec. 6. NRS 232.660 is hereby amended to read as follows:
232.660 1. The director may [provide] :
(a) Appoint an attorney as legal counsel to the department. If appointed, he is in the unclassified service of the state and is entitled to receive travel expenses and subsistence allowances as provided for state officers and employees.
(b) Provide for contract services to be rendered by such other legal counsel as [is] are needed for assistance in administering the laws relating to labor and industrial relations. [Legal]
2. Each of the legal counsel must be an attorney admitted to practice law in Nevada.
[2.] 3. In the prosecution of all claims and actions referred to him by the director, a legal counsel has the same power as that vested in the district attorney of the several counties to enforce the laws relating to labor and industrial relations, except that a legal counsel does not have the authority to prosecute for criminal violations of such laws.
Sec. 7. NRS 679B.080 is hereby amended to read as follows:
679B.080 1. The [commissioner may appoint his chief deputy and deputy pursuant to the provisions of NRS 232.280.
2. The chief deputy shall be] director shall designate an acting commissioner when the office of commissioner is vacant [,] or when the commissioner is unable to perform his duties because of mental or physical disability.
[3. The chief deputy and deputy shall] 2. The commissioner shall designate one of his deputies to serve as acting commissioner in the commissioners absence.
3. The deputies have such [other] powers and duties as the commissioner delegates and assigns to them.
4. The [chief deputy and deputy] deputies shall devote their full time to the division and they [shall receive salaries,] are entitled to receive the per diem [expense] allowances and travel expenses [as fixed by law.] provided for other state officers and employees.
Sec. 8. Section 1 of chapter 589, Statutes of Nevada 1981, at page 1260, is hereby repealed.
________
κ1983 Statutes of Nevada, Page 1461κ
Senate Bill No. 86Senators Robinson, Ashworth and Glover
CHAPTER 520
AN ACT relating to unclaimed property; creating division of unclaimed property; continuing program for unclaimed property; 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 120A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. Administrator means the chief of the division of unclaimed property.
Sec. 3. Intangible property includes:
1. Money, checks, drafts, deposits, interest, dividends and income;
2. Credit balances, customers overpayments, gift certificates, security deposits, refunds, credit memoranda, unpaid wages, unused airline tickets and unidentified remittances;
3. Stocks and other intangible ownership interests in business associations;
4. Money deposited to redeem stocks, bonds, coupons and other securities or to make distributions;
5. Amounts due under the terms of insurance policies; and
6. Amounts distributable from a trust or custodial fund established under a plan to provide benefits such as health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employees savings, supplemental unemployment insurance or the like.
Sec. 3.5. 1. Any agreement to locate, deliver, recover or assist in the recovery of property presumed abandoned which is entered into by or on behalf of the owner of the property must:
(a) Be in writing.
(b) Be signed by the owner.
(c) Include a description of the property.
(d) Include the value of the property.
(e) Include the name and address of the person in possession of the property, if known.
2. No such agreement is valid unless it is executed:
(a) Before the date on which the property is reported to the division pursuant to NRS 120A.250; or
(b) Two years after the property has been paid or delivered to the division.
3. No fee charged for the location, delivery, recovery or assistance in the recovery of property presumed abandoned may be more than 10 percent of the total value of the property.
κ1983 Statutes of Nevada, Page 1462 (CHAPTER 520, SB 86)κ
Sec. 4. The administrator or any officer, agent or employee of the division shall not use or disclose any information received by the administrator in the course of carrying out the provisions of this chapter which is confidential or which is provided to the division on the basis that the information is to remain confidential, unless the use or disclosure of the information is necessary to locate the owner of unclaimed or abandoned property.
Sec. 5. NRS 120A.120 is hereby amended to read as follows:
120A.120 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 120A.030 to 120A.120, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.
Sec. 6. NRS 120A.030 is hereby amended to read as follows:
120A.030 Banking organization means any bank, trust company, savings bank , industrial bank, land bank, safe deposit company or a private banker . [engaged in business in this state.]
Sec. 7. NRS 120A.040 is hereby amended to read as follows:
120A.040 Business organization: means any corporation (other than a public corporation), joint-stock company, investment company, business trust, partnership or any association for business purposes of two or more natural persons [.] , whether or not for profit, including a banking organization, financial organization, insurance company or utility.
Sec. 8. NRS 120A.050 is hereby amended to read as follows:
120A.050 [Department means] Division means the division of unclaimed property in the department of commerce.
Sec. 9. NRS 120A.070 is hereby amended to read as follows:
120A.070 Financial organization means any savings and loan association, building and loan association, thrift company, credit union , cooperative bank or investment company engaged in business in this state.
Sec. 10. NRS 120A.080 is hereby amended to read as follows:
120A.080 Holder means [any person in possession of property subject to this chapter belonging to another, or who is trustee in case of a trust, or is indebted to another on an obligation subject to this chapter.] a person, wherever organized or domiciled, who is:
1. In possession of property belonging to another;
2. A trustee; or
3. Indebted to another on an obligation.
Sec. 11. NRS 120A.090 is hereby amended to read as follows:
120A.090 [Life insurance corporation means any association or corporation transacting within this state the business of insurance on the lives of persons or insurance appertaining thereto, including but not by way of limitation, endowments and annuities,] Insurance company means an association, corporation, fraternal or mutual benefit organization, whether or not for profit, which is engaged in providing insurance, including the following kinds: Accident, burial, casualty, credit life, contract performance, dental, fidelity, fire, health, hospitalization, illness, life (including endowments and annuities), malpractice, marine, mortgage, surety and wage protection.
κ1983 Statutes of Nevada, Page 1463 (CHAPTER 520, SB 86)κ
company means an association, corporation, fraternal or mutual benefit organization, whether or not for profit, which is engaged in providing insurance, including the following kinds: Accident, burial, casualty, credit life, contract performance, dental, fidelity, fire, health, hospitalization, illness, life (including endowments and annuities), malpractice, marine, mortgage, surety and wage protection.
Sec. 12. NRS 120A.100 is hereby amended to read as follows:
120A.100 Owner means a depositor in the case of a deposit, a beneficiary in the case of a trust [,] other than a deposit in trust, a creditor, [a] claimant or payee in the case of other [choses in action,] intangible property, or [any] a person having a legal or equitable interest in property subject to this chapter, or his legal representative.
Sec. 13. NRS 120A.110 is hereby amended to read as follows:
120A.110 Person means any natural person, business association, government , [or] political subdivision [,] or governmental agency, public corporation, public authority, estate, trust, two or more persons having a joint or common interest or any other legal or commercial entity.
Sec. 14. NRS 120A.140 is hereby amended to read as follows:
120A.140 The [director] administrator shall carry out the provisions of this chapter and may adopt regulations appropriate for this purpose.
Sec. 15. NRS 120A.150 is hereby amended to read as follows:
120A.150 1. The expiration [of any period specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or recovery of property, does not prevent the money or property from being presumed abandoned property, nor affect any duty to file a report required by this chapter or to pay or deliver abandoned property to the department.] , before or after January 1, 1980, of any period specified by contract, statute or court order, during which a claim for money or property can be made or during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or to recover property, does not prevent the money or property from being presumed abandoned or affect any duty to file a report or to pay or deliver abandoned property to the administrator as required by this chapter.
2. No action or proceeding may be commenced by the administrator with respect to any duty of a holder under this chapter more than 10 years after the duty arose.
Sec. 16. NRS 120A.160 is hereby amended to read as follows:
120A.160 The following property held or owing by a banking or financial organization or by a business association is presumed abandoned:
1. Any demand, savings or matured time deposit [made in this state] or other certificate of deposit with a banking organization, together with any interest and dividend thereon, excluding any charges that may lawfully be withheld, including a deposit that is automatically renewable, and any money paid toward the purchase of a share, a mutual investment certificate or any other interest in a banking or financial organization, unless the owner has within 5 years [in the case of a demand deposit or within 10 years in the case of a savings or matured time deposit:
κ1983 Statutes of Nevada, Page 1464 (CHAPTER 520, SB 86)κ
together with any interest and dividend thereon, excluding any charges that may lawfully be withheld, including a deposit that is automatically renewable, and any money paid toward the purchase of a share, a mutual investment certificate or any other interest in a banking or financial organization, unless the owner has within 5 years [in the case of a demand deposit or within 10 years in the case of a savings or matured time deposit:
(a) Increased] :
(a) In the case of a deposit, increased or decreased the amount of the deposit, or presented the passbook or other similar evidence of the deposit for the crediting of interest;
(b) [Corresponded] Communicated in writing with the banking organization concerning the [deposit; or] property;
(c) Otherwise indicated an interest in the [deposit] property as evidenced by a memorandum or other record on file [with the banking organization.
2. Any money paid in this state toward the purchase of shares or other interest in a financial organization or any deposit made with such an organization in this state, and any interest or dividends thereon, excluding any charges that may lawfully be withheld, unless the owner has within 10 years:
(a) Increased or decreased the amount of the funds or deposit, or presented an appropriate record for the crediting of interest or dividends;
(b) Corresponded in writing with the financial organization concerning the funds or deposit; or
(c) Otherwise indicated an interest in the funds or deposit as evidenced by a memorandum on file with the financial organization.] prepared by an employee of the banking or financial organization;
(d) Owned other property to which paragraph (a), (b) or (c) applies and if the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be presumed abandoned under this subsection at the address to which communications regarding the other property regularly are sent; or
(e) Had another relationship with the banking or financial organization concerning which the owner has:
(1) Communicated in writing with the banking or financial organization; or
(2) Otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization and if the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be abandoned under this subsection at the address to which communications regarding the other relationship regularly are sent.
For the purposes of this subsection, property includes interest and dividends.
κ1983 Statutes of Nevada, Page 1465 (CHAPTER 520, SB 86)κ
2. Any property described in subsection 1 that is automatically renewable is matured for purposes of subsection 1 upon the expiration of its initial time period, but in the case of any renewal to which the owner consents at or about the time of renewal by communicating in writing with the banking or financial organization or otherwise indicating consent as evidenced by a memorandum or other record on file prepared by an employee of the organization, the property is matured upon the expiration of the last time period for which consent was given. If, at the time provided for delivery in NRS 120A.320, a penalty or forfeiture in the payment of interest would result from the delivery of the property, the time for delivery is extended until the time when no penalty or forfeiture would result.
3. Any sum payable on a check certified in this state or on a written instrument issued in this state on which a banking or financial organization or business association is directly liable, including [by way of illustration but not of limitation any certificate of deposit,] any draft or money order, which has been outstanding for more than [10] 7 years from the date it was payable, or from the date of its issuance if payable on demand, or any sum payable on a travelers check which has been outstanding for more than 15 years from the date of its issuance, unless the owner has within the specified period corresponded in writing with the banking or financial organization or business association concerning it, or otherwise indicated an interest as evidenced by a memorandum on file with the banking or financial organization or business association.
4. Any money or other personal property, tangible or intangible, removed from a safe-deposit box or any other safekeeping repository [in this state] on which the lease or rental period has expired because of nonpayment of rental charges or other reason, or any surplus amounts arising from the sale thereof pursuant to law, that have been unclaimed by the owner for more than [7] 5 years from the date on which the lease or rental period expired. A safe-deposit box for which no rent is charged or which is provided to the user because of a specific amount deposited with a banking or financial organization is presumed abandoned at the same time as the account for which it was given.
Sec. 17. NRS 120A.170 is hereby amended to read as follows:
120A.170 1. Unclaimed money held and owing by [a life insurance corporation] an insurance company is presumed abandoned if the last-known address, according to the records of the [corporation,] company, of the person entitled to the money is within this state. If a person other than the insured or annuitant is entitled to the money and no address of such person is known to the [corporation] company or if it is not definite and certain from the records of the [corporation] company what person is entitled to the money, it is presumed that the last-known address of the person entitled to the money is the same as the last-known address of the insured or annuitant according to the records of the [corporation.]
κ1983 Statutes of Nevada, Page 1466 (CHAPTER 520, SB 86)κ
the last-known address of the insured or annuitant according to the records of the [corporation.] company.
2. Unclaimed money, as used in this section, means all money held and owing by any [life insurance corporation] insurance company unclaimed and unpaid for more than [7] 5 years after the money became due and payable as established from the records of the [corporation] company under any life or endowment insurance policy or annuity contract which has matured or terminated. A life insurance policy not matured by actual proof of the death of the insured shall be deemed matured and the proceeds thereof deemed due [and payable] if the policy was in force when the insured attained the limiting age under the mortality table on which the reserve is based, unless the person appearing entitled thereto has within the preceding [7] 5 years:
(a) Assigned, readjusted or paid premiums on the policy or subjected the policy to loan; or
(b) Corresponded in writing with the [life insurance corporation] insurance company concerning the policy.
3. Money otherwise payable according to the records of the [corporation] company shall be deemed due [and payable] although the policy or contract has not been surrendered as required.
Sec. 18. NRS 120A.180 is hereby amended to read as follows:
120A.180 Any money held or owing by any utility is presumed abandoned if it is money deposited by a subscriber with a utility to secure payment for or to pay in advance for utility services [to be furnished in this state,] , less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than [7 years] 1 year after the termination of the services for which the deposit or advance payment was made.
Sec. 19. NRS 120A.190 is hereby amended to read as follows:
120A.190 1. Any stock or other certificate of ownership, or any dividend, profit, distribution, interest, payment on principal or other sum held or owing by a business association [for or to a shareholder, certificate holder, member, bondholder or other security holder, or a participating patron of a cooperative, who has not claimed it or corresponded in writing with the business association concerning it within 7 years after the date prescribed for payment or delivery,] is presumed abandoned if [:
1. It is held or owing by a business association organized under the laws of or created in this state; or
2. It is held or owing by a business association doing business in this state but not organized under the laws of or created in this state and the records of the business association indicate that the last-known address of the person entitled thereto is in this state.] , within 7 years after the date prescribed for payment or delivery:
(a) The shareholder, certificate holder, member, bondholder, other security holder or the participating patron of a cooperative has not claimed the property, corresponded in writing with the business association or otherwise indicated an interest in the property as evidenced by a memorandum or other record on file with the association;
κ1983 Statutes of Nevada, Page 1467 (CHAPTER 520, SB 86)κ
claimed the property, corresponded in writing with the business association or otherwise indicated an interest in the property as evidenced by a memorandum or other record on file with the association;
(b) The property is held by a business association:
(1) Organized under the laws of or created in this state; or
(2) Doing business in this state and the records of the business association indicate that the last known address of the person entitled to the property is in this state; and
(c) The association does not know the location of the owner of the interest at the end of the 7-year period.
As to that property, the business association shall be deemed to be the holder.
2. Any dividend, profit, interest or other distributions held for or owing to a person at the time the stock or other property to which they attach are presumed to be abandoned shall be deemed to be abandoned at the same time as the stock or other property.
Sec. 20. NRS 120A.200 is hereby amended to read as follows:
120A.200 All intangible personal property distributed in the course of a [voluntary] dissolution of a business association, banking organization or financial organization organized under the laws of or created in this state that is unclaimed by the owner within [7 years] 1 year after the date for final distribution is presumed abandoned.
Sec. 21. NRS 120A.250 is hereby amended to read as follows:
120A.250 1. Every person holding money or other property presumed abandoned under this chapter shall make a verified report to the [department] division with respect to the property.
2. The report must include:
(a) Except with respect to travelers checks and money orders, the name, if known, and last-known address, if any, of each person appearing from the records of the holder to be the owner of any property of the value of $25 or more presumed abandoned under this chapter.
(b) In case of unclaimed money held by [a life insurance corporation,] an insurance company, the full name of the insured or annuitant and his last-known address according to the corporations records.
(c) The nature and identifying number, if any, or description of the property and the amount appearing from the records to be due, except that items of value under $25 each may be reported in the aggregate.
(d) The date when the property became payable, demandable or returnable and the date of the last transaction with the owner with respect to the property.
(e) Other information which the [director] administrator prescribes by regulation as necessary for the administration of this chapter.
3. If the person holding property presumed abandoned is a successor to other persons who previously held the property for the owner, of if the holder has changed his name while holding the property, he shall file with his report all prior known names and addresses of each holder of the property.
κ1983 Statutes of Nevada, Page 1468 (CHAPTER 520, SB 86)κ
shall file with his report all prior known names and addresses of each holder of the property.
4. The report must be filed before November 1 of each year for the preceding fiscal year ending June 30 except that the report of [a life insurance corporation] an insurance company must be filed before May 1 of each year for the preceding calendar year. The ]director] administrator may, in writing, postpone the reporting date upon written request by any person required to file a report.
5. Verification of the report, if made by a partnership, must be executed by a partner; if made by an unincorporated association or private corporation, by an officer; and if made by a public entity or corporation by its chief fiscal officer.
Sec. 22. NRS 120A.260 is hereby amended to read as follows:
120A.260 1. If the holder of property presumed abandoned under this chapter knows the whereabouts of the owner and if the owners claim has not been barred by the statute of limitations, the holder shall, before filing the annual report, communicate with the owner and take necessary steps to prevent abandonment from being presumed. The holder shall exercise due diligence to ascertain the whereabouts of the owner.
2. The [director] administrator may, by regulation, prescribe a form on which the owner may indicate his interest in maintaining the deposit, shares or account. If a form is so prescribed, the holder shall send the form to [the] each owner whose balance is more than $25, not less than 6 nor more than 12 months before the time when the holders report is due. If the owner fills out, signs and returns the form to the holder, this action prevents abandonment from being presumed. The [director] administrator may, by regulation, authorize the holder to impose a charge of not more than a prescribed amount upon the owners deposit, shares or account for the expense of mailing the form. In the absence of a regulation prescribing the maximum charge, the holder may impose a charge of not more than $2.
Sec. 23. NRS 120A.270 is hereby amended to read as follows:
120A.270 [The initial report filed under this chapter must include all items of property, except travelers checks, that would have been presumed abandoned if this chapter had been in effect during the 10-year period preceding January 1, 1980, and all travelers checks that would have been presumed abandoned if this chapter had been in effect during the 15-year period, preceding January 1, 1980.] Any banking or financial organization or business association which holds property for another, if it does not hold property presumed to be abandoned, shall file a report with the administrator, on or before November 1 of each 5-year period after November 1, 1984, which indicates that it is not a holder of any property presumed to be abandoned during that period. The reports of an insurance company under this section must be filed before May 1 of each year for the preceding calendar years.
κ1983 Statutes of Nevada, Page 1469 (CHAPTER 520, SB 86)κ
Sec. 24. NRS 120A.280 is hereby amended to read as follows:
120A.280 1. Within 180 days after the filing of the report required by NRS 120A.250, the [director] administrator shall cause notice to be published at least once each week for 2 successive weeks in a newspaper of general circulation in the county in this state in which is located the last-known address of any person to be named in the notice. If no address is listed or if the address is outside this state, the notice must be published in the county in which the holder of the abandoned property has his principal place of business within this state.
2. The published notice must be entitled Notice of Names of Persons Appearing To Be Owners of Abandoned Property, and must contain:
(a) The names in alphabetical order and last-known addresses, if any, of persons listed in the report and entitled to notice within the county.
(b) A statement that information concerning the amount or description of the property and the name and address of the holder may be obtained by any persons possessing an interest in the property by addressing an inquiry to the [department.] division.
(c) A statement that if proof of claim is not presented by the owner to the holder and if the owners right to receive the property is not established to the holders satisfaction within 60 days after the date of the second published notice, the abandoned property will be placed not later than 80 days after such publication date in the custody of the [department,] division, to which all further claims must thereafter be directed.
3. The [director] administrator is not required to publish in such notice any item valued at less than $25 unless he deems such publication to be in the public interest.
Sec. 25. NRS 120A.290 is hereby amended to read as follows:
120A.290 1. Within 180 days after receiving the report required by NRS 120A.250, the [director] administrator shall mail a notice to each person having an address listed therein who appears to be entitled to property of the value of $25 or more presumed abandoned under this chapter.
2. The mailed notice must contain:
(a) A statement that, according to a report filed with the [department,] division, property is being held to which the addressee appears entitled.
(b) The name and address of the person holding the property and any necessary information regarding changes of name and address of the holder.
(c) A statement that if satisfactory proof of claim is not presented by the owner to the holder by the date specified in the published notice, the property will be placed in the custody of the [department,] division, to which all further claims must be directed.
κ1983 Statutes of Nevada, Page 1470 (CHAPTER 520, SB 86)κ
3. This section is not applicable to sums payable on travelers checks or money orders presumed abandoned under NRS 120A.160.
Sec. 26. NRS 120A.300 is hereby amended to read as follows:
120A.300 1. A banking or financial organization shall not impose a charge upon a depositors account based on the dormancy of the account unless the organization has first mailed a notice of its intended charge to the depositor at his last-known address and has allowed him 60 days to respond.
2. The [director] administrator may prescribe by regulation the highest rate of charge which a banking or financial organization may impose upon a dormant account.
3. In the absence of such a regulation, a banking or financial institution shall not impose a charge upon a dormant account of more than $5 per month.
Sec. 27. NRS 120A.310 is hereby amended to read as follows:
120A.310 No service, handling, maintenance or other charge or fee may be deducted or withheld from any property subject to this chapter if, under the holders policy or practice, the holder would not have excluded, withheld or deducted such a charge or fee if the property had been claimed by the owner before it was paid or delivered to the [department.] division.
Sec. 28. NRS 120A.320 is hereby amended to read as follows:
120A.320 Every person who has filed a report under NRS 120A.250 shall, within 20 days after the time specified in NRS 120A.280 for claiming the property from the holder or in the case of sums payable on travelers checks or money orders presumed abandoned under NRS 120A.160, within 20 days after the filing of the report, pay or deliver to the [department] division all abandoned property specified in this report, except that if an owner has established his right to receive any of the abandoned property to the holders satisfaction within the time specified in NRS 120A.280 or if it appears to the holder that for some other reason the presumption of abandonment is erroneous, [such] the property will no longer be presumed abandoned and the holder need not pay or deliver it to the [department] division but shall file a verified written explanation of the proof of claim or of the error in the presumption of abandonment.
Sec. 29. NRS 120A.330 is hereby amended to read as follows:
120A.330 After the [director] administrator has received reports of property presumed abandoned, he may decline to receive any of the reported property which he deems to have a value less than the cost of giving notice and holding a sale, or he may, if he deems it desirable because of the small sum involved, postpone taking possession until a sufficient sum accumulates. Unless it gives notice to the contrary, within 180 days after the holder has filed his report, the [department] division shall be deemed to have elected to receive the custody of the property.
κ1983 Statutes of Nevada, Page 1471 (CHAPTER 520, SB 86)κ
Sec. 30. NRS 120A.340 is hereby amended to read as follows:
120A.340 1. Upon the payment or delivery to it of abandoned property, the [department] division shall assume custody of the property and is thereafter responsible for its safekeeping.
2. Any person who pays or delivers abandoned property to the [department] division under this chapter is relieved of all liability to the extent of the value of the property so paid or delivered for any claim which then exists or which thereafter may arise or be made in respect to the property.
3. Any holder who has paid money to the [department] division pursuant to this chapter may make payment to any person appearing to the holder to be entitled thereto, and if the holder files with the [department] division proof of such payment and proof that the payee was entitled thereto, the [department] division shall forthwith reimburse the holder for the payment, without charge. Where reimbursement is sought for a payment made on a negotiable instrument (including a travelers check or money order), the [department] division shall reimburse the holder upon his filing proof that the instrument was [duly] presented to him and that payment was made thereon to a person who appeared to the holder to be entitled to payment.
4. If the holder pays or delivers property to the [department] division in accordance with this chapter and thereafter any person claims the property from the holder, or another state claims the property from the holder under that states laws, the attorney general shall, upon written request of the holder, defend him against the claim and the [director] administrator shall indemnify him against any liability on the claim.
5. Property removed from a safe-deposit box or other safekeeping repository is received by the administrator subject to the holders right to be reimbursed for the actual cost of the opening and to any valid lien or contract providing for the holder to be reimbursed for unpaid rent or storage charges. The administrator shall reimburse or pay the holder out of the proceeds remaining after deducting the administrators selling cost.
Sec. 31. NRS 120A.350 is hereby amended to read as follows:
120A.350 When property other than money is paid or delivered to the [department] division under this chapter, the owner is [not] entitled to receive [income,] from the division any dividends, interest or other increments [accruing thereafter.] realized or accruing on the property at or before liquidation or conversion thereof into money.
Sec. 32. NRS 120A.360 is hereby amended to read as follows:
120A.360 1. All abandoned property other than money delivered to the [department] division under this chapter must, within 1 year after the delivery, be sold by the [director] administrator to the highest bidder at public sale in whatever city in the state affords in his judgment the most favorable market for the property involved. The [director] administrator may decline the highest bid and reoffer the property for sale if he considers the price bid insufficient.
κ1983 Statutes of Nevada, Page 1472 (CHAPTER 520, SB 86)κ
[director] administrator may decline the highest bid and reoffer the property for sale if he considers the price bid insufficient. The [director] administrator need not offer any property for sale if in his opinion the probable cost of sale exceeds the value of the property, or if he has received a written request from the Nevada state museum or the Nevada historical society for any item which has, in the opinion of the requesting institution, historical, artistic or literary value and is worthy of preservation.
2. Any sale held under this section must be preceded by a single publication of notice thereof at least 2 weeks in advance of sale in a newspaper of general circulation in the county where the property is to be sold.
3. The purchaser at any sale conducted by the [director] administrator pursuant to this chapter is vested with title to the property purchased, free from all claims of the owner or prior holder and of all persons claiming through or under them. The [director] administrator shall execute all documents necessary to complete the transfer of title.
Sec. 33. NRS 120A.370 is hereby amended to read as follows:
120A.370 1. There is hereby created in the state treasury the abandoned property trust fund.
2. All money received by the [department] division under this chapter, including the proceeds from the sale of abandoned property, must be deposited by the [director] administrator in the state treasury for credit to the abandoned property trust fund.
3. Before making such a deposit, the [director:] administrator:
(a) Shall record the name and last-known address of each person appearing from the holders reports to be entitled to the abandoned property and of the name and last-known address of each insured person or annuitant, and with respect to each policy or contract listed in the report of [a life insurance corporation,] an insurance company, its number, the name of the [corporation] company and the amount due. The record must be available for public inspection at all reasonable business hours.
(b) May deduct:
(1) Any costs in connection with the sale of abandoned property.
(2) Any costs of mailing and publication in connection with any abandoned property.
(3) Reasonable service charges.
4. At the end of each fiscal year the amount of the fund balance in excess of [$25,000] $100,500 must be deposited with the state treasurer for credit to the state general fund.
Sec. 34. NRS 120A.380 is hereby amended to read as follows:
120A.380 Any person claiming an interest in any property delivered to the state under this chapter may file a claim to the property or to the proceeds from the sale thereof on the form prescribed by the [director.] administrator.
κ1983 Statutes of Nevada, Page 1473 (CHAPTER 520, SB 86)κ
Sec. 35. NRS 120A.390 is hereby amended to read as follows:
120A.390 1. The [director] administrator shall review each claim filed under this chapter and may hold a hearing and receive evidence concerning the claim. If a hearing is held, he shall prepare findings of fact and a decision in writing stating the substance of any evidence heard and the reasons for his decision. The decision is a public record.
2. If the [director] administrator allows the claim, he shall pay it, without deduction for costs of notices or sale or for service charges, from the abandoned property trust fund as other claims against the state are paid.
Sec. 36. NRS 120A.400 is hereby amended to read as follows:
120A.400 Any person aggrieved by a decision of the [director,] administrator, or as to whose claim the [director] administrator has failed to render a decision within 90 days after the filing of the claim, may [commence] do either of the following, or both:
1. Request the director of the department of commerce to review the administrative record. The request must be made in writing and must be filed with the director within 90 days after the decision of the administrator or within 180 days after the filing of the claim. The decision of the director constitutes the final decision in a contested case.
2. Commence an action in the district court to establish his claim. The proceeding must be brought within 90 days after the decision of the [director] administrator or within 180 days after the filing of the claim if the [director] administrator has failed to render a decision. The action must be tried without a jury in cases where the [director] administrator has failed to render a decision.
Sec. 37. NRS 120A.410 is hereby amended to read as follows:
120A.410 1. The [director] administrator may enter into an agreement to provide information needed to enable another state to determine the existence of unclaimed property to which it may be entitled if the other state agrees to provide this state with information needed to enable this state to determine the existence of unclaimed property to which this state may be entitled. The [director] administrator may, by regulation, require the reporting of information needed to enable him to comply with agreements made pursuant to this section and may, by regulation, prescribe the form, including verification, of the information to be reported and the times for filing the reports.
2. At the request of another state, the attorney general of this state may bring an action in the name of the other state, in any court of competent jurisdiction of this state or federal court within this state, to enforce the unclaimed property laws of the other state against a holder in this state of property to which the other state is entitled, if:
(a) The courts of the other state cannot obtain jurisdiction over the holder;
(b) The other state has agreed to bring actions in the name of this state at the request of the attorney general of this state to enforce the provisions of this chapter against any person in the other state believed by the [director] administrator to hold property to which this state is entitled, where the courts of this state cannot obtain jurisdiction over such person; and
κ1983 Statutes of Nevada, Page 1474 (CHAPTER 520, SB 86)κ
provisions of this chapter against any person in the other state believed by the [director] administrator to hold property to which this state is entitled, where the courts of this state cannot obtain jurisdiction over such person; and
(c) The other state has agreed to pay reasonable costs incurred by the attorney general in bringing the action on its behalf.
3. If the [director] administrator believes that a person in another state holds property to which this state is entitled under this chapter and the courts of this state cannot obtain jurisdiction over that person, the attorney general of this state may request an officer of the other state to bring an action in the name of this state to enforce the provisions of this chapter against such person. This state shall pay all reasonable costs incurred by the other state in any action brought under the authority of this section. The [director] administrator may agree to pay to any state bringing such an action a reward not to exceed 15 percent of the value, after deducting reasonable costs, of any property recovered for this state as a direct or indirect result of the action. Any costs or rewards paid pursuant to this section must be paid from the abandoned property trust fund and must not be deducted from the amount that is subject to be claimed by the owner in accordance with this chapter.
Sec. 38. NRS 120A.420 is hereby amended to read as follows:
120A.420 1. The [director] administrator may at reasonable times and upon reasonable notice examine the records of any person if he has reason to believe that the person has failed to report property which should have been reported pursuant to this chapter.
2. To determine compliance with this chapter, the superintendent of banks and the commissioner of savings associations may respectively examine the records of any banking organization and any savings and loan association doing business within this state but not organized under the laws of or created in this state.
3. When requested by the [director,] administrator, any licensing or regulating agency otherwise empowered by the laws of this state to examine the records of the holder shall include in its examination a determination whether the holder has complied with this chapter.
Sec. 39. NRS 120A.430 is hereby amended to read as follows:
120A.430 If any person refuses to pay or deliver property to the [department] division as required under this chapter, the attorney general, upon request of the [director,] administrator, may bring an action in a court of competent jurisdiction to enforce the payment or delivery.
Sec. 40. NRS 120A.440 is hereby amended to read as follows:
120A.440 1. Any person who willfully fails to make any report or perform any other duty required under this chapter is guilty of a misdemeanor. Each day such a report is withheld constitutes a separate offense.
2. Any person who willfully refuses to pay or deliver abandoned property to the [department] division as required under this chapter is guilty of a gross misdemeanor.
κ1983 Statutes of Nevada, Page 1475 (CHAPTER 520, SB 86)κ
property to the [department] division as required under this chapter is guilty of a gross misdemeanor.
Sec. 41. NRS 120A.450 is hereby amended to read as follows:
120A.450 In addition to any penalties for which he may be liable, any person who fails to report or to pay or deliver abandoned property within the time prescribed by this chapter shall pay to the [department] division interest at the rate of [12] 18 percent per annum on the money or the value of other property from the date on which the property should have been paid or delivered.
Sec. 42. NRS 232.230 is hereby amended to read as follows:
232.230 1. The department of commerce is hereby created.
2. The department consists of a director and the following divisions:
(a) Banking division.
(b) Consumer affairs division.
(c) Credit union division.
(d) Housing division.
(e) Insurance division.
(f) Manufactured housing division.
(g) Real estate division.
(h) Savings and loan division.
(i) State fire marshal division.
(j) Division of unclaimed property.
Sec. 43. NRS 232.250 is hereby amended to read as follows:
232.250 The director:
1. Shall appoint, with the consent of the governor, a chief of each of the divisions of the department. In making the appointments, other than that of the state fire marshal [,] and the administrator of unclaimed property, the director shall obtain lists of nominees from recognized professional organizations, if any, in the appropriate professions and make the appointments after consultation with and concurrence of the organizations. The director shall consult the state fire marshals advisory board and appoint the state fire marshal from the list of candidates presented by the board. The chief of the banking division is the superintendent of banks, the chief of the consumer affairs division is the commissioner of consumer affairs, the chief of the credit union division is the commissioner of credit unions, the chief of the housing division is the administrator of the housing division, the chief of the insurance division is the commissioner of insurance the chief of the manufactured housing division is the administrator of the manufactured housing division, the chief of the real estate division is the real estate administrator, the chief of the savings and loan division is the commissioner of savings associations [and] , the chief of the state fire marshal [.] and the chief of the division of unclaimed property is the administrator of unclaimed property.
2. Is responsible for the administration through the divisions of the department of the provisions of Titles 55 to 57, inclusive, of NRS, chapters 319 and 645 of NRS, and NRS 598.360 to 598.640, inclusive, and for the administration directly or through a division of all other provisions of law relating to the functions of the department.
κ1983 Statutes of Nevada, Page 1476 (CHAPTER 520, SB 86)κ
department of the provisions of Titles 55 to 57, inclusive, of NRS, chapters 319 and 645 of NRS, and NRS 598.360 to 598.640, inclusive, and for the administration directly or through a division of all other provisions of law relating to the functions of the department.
Sec. 44. NRS 120A.060 is hereby repealed.
Sec. 45. Section 54 of chapter 682, Statutes of Nevada 1979, at page 1762, is hereby amended to read as follows:
Sec. 54. 1. This act shall become effective on January 1, 1980.
2. Sections 1 to 50, inclusive, of this act expire by limitation on July 1, [1983.] 1987.
Sec. 46. 1. Any banking or financial organization or business association which holds property for another, if it does not hold property presumed to be abandoned, shall file with the administrator of the division of unclaimed property, on or before November 1, 1984, for the fiscal year ending on June 30, 1984, a report which indicates that it is not a holder of any property presumed to be abandoned. The report of an insurance company under this section must be filed before May 1, 1984, for the preceding calendar year.
2. A report filed under this section must relate to all items of property, except travelers checks, held by that organization or association during the 10-year period preceding January 1, 1980, and all travelers checks during the 15-year period preceding January 1, 1980.
Sec. 47. All income, interest or other increments accrued from January 1, 1980, until July 1, 1983, on property paid or delivered to the division of unclaimed property must be credited by the division to owners of accounts other than money.
Sec. 48. This section and sections 3.5 and 45 of this act shall become effective upon passage and approval.
________
Assembly Bill No. 567Committee on Taxation
CHAPTER 521
AN ACT relating to libraries; specially requiring the creation of a county library district for the town of Pahrump; 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:
Sections 1 through 3. (Deleted by amendment.)
Sec. 3.5. 1. The legislature finds that:
(a) The residents of the town of Pahrump, located in Nye County, need and desire a publicly supported library.
(b) The provisions of NRS 379.023, permitting a tax levy for town libraries which were in existence on July 1, 1967, do not apply to the town of Pahrump because the town did not have a library at that time.
κ1983 Statutes of Nevada, Page 1477 (CHAPTER 521, AB 567)κ
libraries which were in existence on July 1, 1967, do not apply to the town of Pahrump because the town did not have a library at that time.
(c) The number of taxpayers in the town of Pahrump largely exceeds the number of actual residents, and thus the residents have not be able to meet the requirements of NRS 379.021 relating to the establishment by petition of a publicly supported county library district.
(d) Requiring by special act the creation of a county library district for the town of Pahrump is appropriate under the circumstances.
2. The board of county commissioners of Nye County shall order the creation of a county library district whose boundaries are the same as the boundaries of the unincorporated town of Pahrump. Upon the creation of the district, the board of county commissioners shall appoint district library trustees, levy a tax upon all taxable property in the district pursuant to the budget submitted by the trustees, and otherwise proceed as required by law with respect to county library districts.
Sec. 4. (Deleted by amendment.)
________
Assembly Bill No. 682Committee on Ways and Means
CHAPTER 522
AN ACT relating to public works; directing the state board of examiners to issue state general obligation bonds for the purpose of certain capital improvements; 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 state board of examiners shall issue general obligation bonds of the State of Nevada to provide the money necessary:
(a) For the enlargement or construction and equipping of prison honor camps $1,856,383
(b) For initial equipment and other costs for additional honor camps for the division of forestry of the department of conservation and natural resources 1,116,285
2. The bonds may be issued at one time or from time to time.
Sec. 2. The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds under this act.
________
κ1983 Statutes of Nevada, Page 1478κ
Assembly Bill No. 681Committee on Ways and Means
CHAPTER 523
AN ACT making an appropriation from the state general fund to the legislative commission for the support of interim studies; 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. There is hereby appropriated from the state general fund to the legislative fund the sum of $20,000 for the support of the interim studies approved by the 62nd session of the legislature.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1985, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 237Senators Gibson, Lamb, Foley and Hernstadt
CHAPTER 524
AN ACT relating to the healing arts; regulating the practice of homeopathic medicine; creating the board of homeopathic medical examiners; providing for its organization, powers and duties; providing for licensing and disciplinary actions; 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. Title 54 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 61, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Board means the board of homeopathic medical examiners.
Sec. 4. Gross malpractice means malpractice where the failure to exercise the requisite degree of care, diligence or skill consists of:
1. Ministering to a patient while the homeopathic physician is under the influence of alcohol or any controlled substance as defined in chapter 453 of NRS.
2. Gross negligence.
κ1983 Statutes of Nevada, Page 1479 (CHAPTER 524, SB 237)κ
3. Willful disregard of homeopathic medical procedures.
4. Willful and consistent use of homeopathic medical procedures, services or treatment considered by homeopathic physicians in the community to be inappropriate or unnecessary in the cases where used.
Sec. 5. Homeopathic medicine or homeopathy means a system of medicine employing substances of animal, vegetable, chemical or mineral origin, including nosodes and sarcodes, which are:
1. Given in micro-dosage, except that sarcodes may be given in macro-dosage; and
2. Prepared according to homeopathic pharmacology by which the formulation of homeopathic preparations is accomplished by the methods of Hahnemanian dilution and succussion, magnetically energized geometric patterns (applicable in potencies above 30X as defined in the official Homeopathic Pharmacopoeia of the United States) or Korsakoffian,
in accordance with the principle that a substance which produces symptoms in a healthy person can eliminate those symptoms in an ill person, resulting in the elimination and prevention of illness utilizing classical methodology and noninvasive electrodiagnosis.
Sec. 6. Homeopathic physician means a person who:
1. Is a graduate of an academic program approved by the board or is qualified to perform homeopathic medical services by reason of general education, practical training and experience determined by the board to be satisfactory; and
2. Has received from the board a license or permit to practice homeopathic medicine.
Sec. 7. Malpractice means failure on the part of a homeopathic physician to exercise the degree of care, diligence and skill ordinarily exercised by homeopathic physicians in good standing in the community in which he practices. As used in this section, community embraces the entire area customarily served by homeopathic physicians among whom a patient may reasonably choose, not merely the particular area inhabited by the patients of that individual physician or the particular city or place where he has his office.
Sec. 8. Professional incompetence means lack of ability safely and skillfully to practice homeopathic medicine, or to practice one or more specified branches of homeopathic medicine, arising from:
1. Lack of knowledge or training.
2. Impaired physical or mental capability of the homeopathic physician.
3. Indulgence in the use of alcohol or any controlled substance.
4. Any other sole or contributing cause.
Sec. 9. The purpose of licensing homeopathic physicians is to protect the public health and safety and the general welfare of the people of this state. Any license issued pursuant to this chapter is a revocable privilege and no holder of such a license acquires thereby any vested right.
κ1983 Statutes of Nevada, Page 1480 (CHAPTER 524, SB 237)κ
Sec. 10. 1. This chapter does not apply to:
(a) The practice of dentistry, chiropractic, podiatry, optometry, faith or Christian Science healing, nursing, veterinary medicine or hearing aid fitting.
(b) A medical officer of the armed services or a medical officer of any division or department of the United States in the discharge of his official duties.
(c) Licensed nurses in the discharge of their duties as nurses.
(d) Homeopathic physicians who are called into this state, other than on a regular basis, for consultation or assistance to any physician licensed in this state, and who are legally qualified to practice in the state where they reside.
2. This chapter does not repeal or affect any statute of Nevada regulating or affecting any other healing art.
3. This chapter does not prohibit:
(a) Gratuitous services of a person in case of emergency.
(b) The domestic administration of family remedies.
Sec. 11. 1. The board of homeopathic medical examiners consists of five members appointed by the governor.
2. No person may be appointed as a member of the board to serve a full term more than twice. No person who serves for more than 1 1/2 years of a term to which another person was appointed may be appointed to serve a full term more than once.
Sec. 12. 1. Four members of the board must be persons licensed to practice allopathic or osteopathic medicine in this state who have been engaged in the practice of homeopathic medicine in this state for a period of more than 2 years preceding their respective appointments, are actually engaged in the practice of homeopathic medicine in this state and are residents of the state.
2. The remaining member must be a resident of Nevada who:
(a) Is not licensed in any state to practice any healing art.
(b) Is not actively engaged in the administration of any health care facility.
(c) Does not have a pecuniary interest in any matter pertaining to the healing arts, except as a patient or potential patient.
3. The members of the board must be selected without regard to their individual political beliefs.
4. As used in this section:
(a) Health and care facility has the meaning ascribed to it in NRS 449.007.
(b) Healing art means any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition for the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required.
κ1983 Statutes of Nevada, Page 1481 (CHAPTER 524, SB 237)κ
Sec. 13. If a member fails to attend meetings of the board or a member fails to attend to the business of the board, as determined necessary in the discretion of the board, the board shall so notify the governor, and the governor shall appoint a person qualified under this chapter to replace the member for the remainder of the unexpired term.
Sec. 14. Before entering upon the duties of his office, each member of the board shall take:
1. The constitutional oath of office.
2. An oath that he is legally qualified to serve on the board.
Sec. 15. 1. The board shall elect from its members a president, a vice president and a secretary-treasurer. The officers of the board shall hold their respective offices during its pleasure.
2. The board shall receive through its secretary applications for the certificates issued under this chapter.
3. The secretary-treasurer shall receive a salary, the amount of which must be determined by the board.
Sec. 16. 1. The board shall meet at least twice annually and may meet at other times on the call of the president or a majority of its members.
2. A majority of the board constitutes a quorum to transact all business.
Sec. 17. 1. Out of the money coming into the possession of the board, each member of the board is entitled to receive:
(a) A salary of not more than $60 per day, as fixed by the board, while engaged in the business of the board.
(b) Reimbursement for his actual and necessary expenses incurred in the performance of his duties.
2. Expenses must be paid from the fees received by the board under the provisions of this chapter, and no part of the salaries or expenses of the board may be paid out of the state general fund.
3. All money received by the board must be deposited in banks and savings and loan associations in this state, and must be paid out on its order for its expenses and the expenses of the members.
Sec. 18. The board shall procure a seal.
Sec. 19. The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 20. The board may:
1. Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
2. Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
Sec. 21. The board may adopt such regulations as are necessary or desirable to enable it to carry out the provisions of this chapter.
Sec. 22. 1. The secretary or president of the board may issue subpenas to compel the attendance of witnesses and the production of books and papers.
κ1983 Statutes of Nevada, Page 1482 (CHAPTER 524, SB 237)κ
2. If any witness refuses to attend or testify or produce any books and papers as required by the subpena, the secretary or president of the board may report to the district court by petition, setting forth that:
(a) Due notice has been given to the time and place of attendance of the witness or the production of the books and papers.
(b) The witness has been subpenaed by the board pursuant to this section.
(c) The witness has failed or refused to attend or produce the books and papers required by the subpena bfore the board which is named in the subpena, or has refused to answer questions propounded to him,
and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the board.
3. Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the board. A certified copy of the order must be served upon the witness.
4. If it appears to be the court that the subpena was regularly issued by the board, the court shall enter an order that the witness appear before the board at the time and place fixed in the order and testify or produce the required books and papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.
Sec. 23. It is unlawful for any person to practice homeopathic medicine in this state without first obtaining a license or permit so to do as provided in this chapter.
Sec. 24. 1. Every person desiring to practice homeopathic medicine shall, before beginning to practice, procure from the board a license or permit authorizing such practice.
2. A license or permit may be issued to any person who:
(a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States.
(b) Is licensed to practice allopathic or osteopathic medicine and has completed 6 months of postgraduate training approved by the board.
Sec. 25. 1. The applicant for a license to practice homeopathic medicine who is a graduate of a medical school located in the United States or Canada shall submit to the board, through its secretary:
(a) Proof of graduation from a medical school recognized as reputable by the board.
(b) An affidavit that the applicant is the person named in the proof of graduation and that it was procured without fraud or misrepresentation of any kind.
(c) A certificate or other document proving a period of 6 months of postgraduate training, which training must be approved by the board.
2. In addition to the affidavits of proofs required by subsection 1, the board may take such further evidence and require such other documents or proof of qualification as in its discretion may be deemed proper.
κ1983 Statutes of Nevada, Page 1483 (CHAPTER 524, SB 237)κ
the board may take such further evidence and require such other documents or proof of qualification as in its discretion may be deemed proper.
3. If it appears that the applicant is not of good moral character or reputation or that any credential submitted is false, the applicant may be rejected.
Sec. 26. 1. Before issuance of a license to practice homeopathic medicine, the applicant who is otherwise eligible for licensure in this state and has paid the fee and presented the credentials specified in section 25 of this act shall appear personally and pass a satisfactory written examination as to qualifications therefor.
2. The examination must be fair and impartial, practical in character and the questions must be designed to discover the applicants fitness.
3. The board may employ specialists and other professional consultants or examining services in conducting the examination.
Sec. 27. 1. If an applicant fails in a first examination, he may be reexamined after not less than 6 months.
2. If he fails in a second examination, he is not thereafter entitled to another examination within less than 1 year after the date of the second examination, and prior thereto he shall furnish proof to the board of further postgraduate training following the second examination satisfactory to the board.
Sec. 28. 1. The applicant for a license to practice homeopathic medicine who is a graduate of a foreign medical school shall submit to the board through its secretary proof that he:
(a) Is a citizen of the United States, or that he is lawfully entitled to remain and work in the United States;
(b) Has received the degree of Doctor of Homeopathic Medicine or its equivalent, as determined by the board, from a foreign medical school recognized by the Educational Commission for Foreign Medical Graduates;
(c) Has completed 3 years of postgraduate training satisfactory to the board; and
(d) Has passed, with a grade acceptable to the board, an examination designated by the board.
2. In addition to the proofs required by subsection 1, the board may take such further evidence and require such further proof of the professional and moral qualifications of the applicant as in its discretion may be deemed proper.
3. If the applicant is a diplomate of an approved specialty board recognized by this board, the requirements of paragraph (c) and (d) of subsection 1 may be waived by the board.
4. Before issuance of a license to practice homeopathic medicine, the applicant who presents the proof required by subsection 1 shall appear personally before the board and satisfactorily pass a written or oral examination, or both, as to his qualifications to practice homeopathic medicine.
κ1983 Statutes of Nevada, Page 1484 (CHAPTER 524, SB 237)κ
Sec. 29. The board may, in its discretion, license an applicant who holds a valid license or certificate issued to him by the homeopathic medical examining board of the District of Columbia or of any state or territory of the United States, if:
1. The legal requirements of the homeopathic medical examining board were, at the time of issuing the license or certificate, in no degree or particular less than those of this state at the time when the license or certificate was issued.
2. The applicant is of good moral character and reputation.
3. The applicant passes an oral examination, where required by the board.
4. The applicant furnishes to the board such other proof of qualifications, professional or moral, as the board may require.
Sec. 30. The board shall maintain records pertaining to applicants to whom licenses or permits have been issued or denied. The records must contain:
1. The names of all applicants.
2. The name of the school granting the diploma.
3. The date of the diploma.
4. Residence of the applicant.
5. The date of issuance or denial of the license or permit.
6. Any other information required by the board.
Sec. 31. All licenses or permits issued by the board must bear its seal and the signatures of its president and secretary. A license or permit authorizes the person to whom it is issued to practice homeopathic medicine.
Sec. 32. The board may:
1. Issue a temporary license, to be effective not more than 6 months after issuance, to any homeopathic physician who is eligible for a permanent license in this state and who is of good moral character and reputation. The purpose of the temporary license is to enable an eligible homeopathic physician to serve as a substitute for some other homeopathic physician who is licensed to practice homeopathic medicine in this state, and who is absent from his practice for reasons deemed sufficient by the board. A temporary license issued under the provisions of this subsection is not renewable and may be revoked at any time for reasons deemed sufficient by the board.
2. Issue a special license to a licensed homeopathic physician of an adjoining state to come into Nevada to care for or assist in the treatment of his own patients in association with a physician licensed in this state who must have the primary care of the patients. A special license issued under the provisions of this subsection may be revoked at any time for reasons deemed sufficient by the board.
Sec. 33. 1. The board may issue to a qualified applicant a limited license to practice homeopathic medicine as a resident homeopathic physician in a postgraduate program of clinical training if:
(a) The applicant is a graduate of an accredited medical school in the United States or Canada or is a graduate of a foreign medical school recognized by the Educational Commission for Foreign Medical Graduates and:
κ1983 Statutes of Nevada, Page 1485 (CHAPTER 524, SB 237)κ
United States or Canada or is a graduate of a foreign medical school recognized by the Educational Commission for Foreign Medical Graduates and:
(1) Has received a homeopathic certificate of the Educational Commission for Foreign Medical Graduates; or
(2) Is a citizen of the United States and has completed 1 year of supervised clinical training approved by the board.
(b) The board approves the program of clinical training, and if the medical school or other institution sponsoring the program provides the board with written confirmation that the applicant has been appointed to a position in the program.
2. The board may issue such a limited license for not more than 1 year, but may renew the license.
3. The holder of such a limited license may practice homeopathic medicine only in connection with his duties as a resident physician and shall not engage in the private practice of homeopathic medicine.
4. A limited license granted under this section may be revoked by the board at any time for reasons deemed sufficient by the board.
Sec. 34. 1. Each applicant for a license to practice homeopathic medicine must pay a fee of $250.
2. Each applicant who fails an examination and who is permitted to be reexamined must pay a fee not to exceed $200 for each reexamination.
3. If an applicant does not appear for examination, for any reason deemed sufficient by the board, the board may, upon request, refund a portion of the application fee not to exceed $100. There must be no refund of the application fee if an applicant appears for examination.
4. Each applicant for a permit issued under the provisions of section 32 or 33 of this act, must pay a fee not to exceed $50, as determined by the board, and must pay a fee of $10 for each renewal of the permit.
5. Each holder of a license to practice homeopathic medicine must pay to the secretary-treasurer of the board on or before January 1 of each year an annual registration fee to be set by the board and in no case to exceed the sum of $100 per year.
6. Any holder failing to pay the annual registration fee after it becomes due must be given a period of 60 days in which to pay the fee, and, failing to do so, automatically forfeits his right to practice homeopathic medicine, and his license to practice homeopathic medicine in Nevada is automatically suspended. The holder may, within 2 years from the date his license is suspended, on payment of twice the amount of the then-current annual registration fee to the secretary-treasurer, and after he is found to be in good standing, be reinstated in his right to practice.
7. The annual registration fee must be collected for the year in which a homeopathic physician is licensed.
κ1983 Statutes of Nevada, Page 1486 (CHAPTER 524, SB 237)κ
8. Notices must be sent to delinquents that their licenses are automatically suspended for nonpayment of the annual registration fee, and a copy of the notice must be sent to the Drug Enforcement Administration of the United States Department of Justice or its successor agency.
Sec. 35. The grounds for initiating disciplinary action under this chapter are:
1. Unprofessional conduct.
2. Conviction of:
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance as defined in chapter 453 of NRS or dangerous drug as defined in chapter 454 of NRS.
(b) A felony.
(c) Any offense involving moral turpitude.
3. Suspension or revocation of the license to practice any type of medicine by any other jurisdiction.
4. Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.
5. Professional incompetence.
Sec. 36. The following acts, among others, constitute unprofessional conduct:
1. Willfully making a false or fraudulent statement or submitting a forged or false document in applying for a license to practice homeopathic medicine.
2. Willfully representing with the purpose of obtaining compensation or other advantages for himself or for any other person that a manifestly incurable disease or injury or other manifestly incurable condition can be permanently cured.
3. Advertising the practice of homeopathic medicine in a manner which does not conform to guidelines established by regulations of the board.
Sec. 37. 1. The following acts, among others, constitute unprofessional conduct:
(a) Directly or indirectly giving to or receiving from any person, corporation or other business organization any fee, commission, rebate or other form of compensation for sending, referring or otherwise inducing a person to communicate with a homeopathic physician in his professional capacity or for any professional services not actually and personally rendered, except as provided in subsection 2.
(b) Employing, directly or indirectly, any suspended or unlicensed person in the practice of homeopathic medicine, or the aiding or abetting of any unlicensed person to practice homeopathic medicine.
2. It is not unprofessional conduct:
(a) For persons holding valid licenses under this chapter to practice homeopathic medicine in partnership under a partnership agreement or in a corporation or an association authorized by law, or to pool, share, divide or apportion the fees and money received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association.
κ1983 Statutes of Nevada, Page 1487 (CHAPTER 524, SB 237)κ
divide or apportion the fees and money received by them or by the partnership, corporation or association in accordance with the partnership agreement or the policies of the board of directors of the corporation or association.
(b) For two or more persons holding valid licenses under this chapter to receive adequate compensation for concurrently rendering professional care to a patient and dividing a fee, if the patient has full knowledge of this division and if the division is made in proportion to the services performed and the responsibility assumed by each.
Sec. 38. The following acts, among others, constitute unprofessional conduct:
1. Habitual drunkenness or habitual addiction to the use of a controlled substance as defined in chapter 453 of NRS.
2. Engaging in any:
(a) Professional conduct which is intended to deceive or which the board by regulation has determined is unethical.
(b) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals wich does not constitute gross or repeated malpractice or professional incompetence.
3. Administering, dispensing or prescribing any controlled substance as defined in chapter 453 of NRS, or any dangerous drug as defined in chapter 454 of NRS, other than in the course of legitimate professional practice or as authorized by law.
4. Performing, assisting or advising an unlawful abortion or in the injection of any liquid substance into the human body for the purpose of causing an abortion.
Sec. 39. The following acts, among others, constitute unprofessional conduct.
1. Willful disclosure of a communication privileged under a statute or court order.
2. Willful disobedience of the regulations of the state board of health or of the board of homeopathic medical examiners.
3. Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any prohibition made in this chapter.
Sec. 40. The board or any of its members, any medical review panel of a hospital or medical society which becomes aware that any one or combination of the grounds for initiating disciplinary action may exist as to a person practicing homeopathic medicine in this state shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the board or with the medical society of the county in which the person charged has his office if there is a medical society in the county.
Sec. 41. 1. When a complaint is filed:
(a) With the board, it shall be reviewed by the board.
(b) With a county medical society, the society shall forward a copy of the complaint to the board for review.
κ1983 Statutes of Nevada, Page 1488 (CHAPTER 524, SB 237)κ
2. If, from the complaint or from other official records, it appears that the complaint is not frivolous and the complaint charges:
(a) Unprofessional conduct, a conviction or the suspension or revocation of a license to practice homeopathic medicine, the board shall proceed with appropriate disciplinary action.
(b) Gross or repeated malpractice or professional incompetence, the board shall transmit the original complaint, along with further facts or information derived from its own review, to the attorney general.
Sec. 42. 1. The attorney general shall conduct an investigation of each complaint transmitted to him to determine whether it warrants proceedings for modification, suspension or revocation of license. If he determines that such further proceedings are warranted, he shall report the results of his investigation together with his recommendation to the board in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing before the board.
2. The board shall promptly made a determination with respect to each complaint reported to it by the attorney general as to what action shall be pursued. The board shall:
(a) Dismiss the complaint; or
(b) Proceed with appropriate disciplinary action.
Sec. 43. 1. If the board determines that a complaint is not frivolous, the board may require the person charged in the complaint to submit to a mental or physical examination by physicians designated by the board.
2. For the purposes of this section:
(a) Every homeopathic physician licensed under this chapter who accepts the privilege of practicing homeopathic medicine in this state shall be deemed to have given his consent to submit to a mental or physical examination when directed to do so in writing by the board.
(b) The testimony or examination reports of the examining physicians are not privileged communications.
3. Except in extraordinary circumstances, as determined by the board, the failure of a homeopathic physician licensed under this chapter to submit to an examination when directed as provided in this section constitutes an admission of the charges against him.
Sec. 44. If the board has reason to believe that the conduct of any homeopathic physician has raised a reasonable question as to his competence to practice homeopathic medicine with reasonable skill and safety to patients, the board may cause a medical competency examination of the homeopathic physician for the purposes of determining his fitness to practice homeopathic medicine. When such action is taken, the reasons for the action must be documented and must be available to the homeopathic physician being examined.
Sec. 45. If the board issues an order summarily suspending the license of a homeopathic physician pending proceedings for disciplinary action and requires the homeopathic physician to submit to a mental or physical examination or a medical competency examination, the examination must be conducted and the results obtained not later than 60 days after the board issues its order.
κ1983 Statutes of Nevada, Page 1489 (CHAPTER 524, SB 237)κ
action and requires the homeopathic physician to submit to a mental or physical examination or a medical competency examination, the examination must be conducted and the results obtained not later than 60 days after the board issues its order.
Sec. 46. If the board issues an order summarily suspending the license of a homeopathic physician pending proceedings for disciplinary action, the court shall not stay that order unless the board fails to institute and determine those proceedings as promptly as the requirements for investigation of the case reasonably allow.
Sec. 47. 1. In addition to any other remedy provided by law, the board, through its president or secretary or the attorney general, may apply to any court of competent jurisdiction to enjoin any unprofessional conduct of a homeopathic physician which is harmful to the public or to limit the homeopathic physicians practice or suspend his license to practice homeopathic medicine as provided in this section.
2. The court in a proper case may issue a temporary restraining order or a preliminary injunction for such purposes:
(a) Without proof of actual damage sustained by any person, this provision being a preventive as well as punitive measure.
(b) Pending proceedings for disciplinary action by the board. Those proceedings must be instituted and determined as promptly as the requirements for investigation of the case reasonably allow.
Sec. 48. All proceedings subsequent to the filing of a complaint are confidential, except to the extent necessary for the conduct of an investigation, until the board determines to proceed with disciplinary action. If the board dismisses the complaint, the proceedings remain confidential. If the board proceeds with disciplinary action, confidentiality concerning the proceedings is no longer required.
Sec. 49. If:
1. A complaint charging unprofessional conduct, a conviction or the suspension or revocation of a license to practice homeopathic medicine is not frivolous; or
2. With respect to a complaint reported by the attorney general, the board has determined to proceed with disciplinary action,
the secretary of the board shall fix a time and place for a hearing and cause a notice of the hearing and a formal complaint prepared by the board to be served on the person charged at least 20 days before the date fixed for the hearing.
Sec. 50. 1. Service of process made under this chapter must be either personal or by registered or certified mail with return receipt requested, addressed to the homeopathic physician at his last known address, as indicated on the records of the board, if possible. If personal service cannot be made and if notice by mail is returned undelivered, the secretary of the board shall cause notice of hearing to be published once a week for 4 consecutive weeks in a newspaper published in the county of the homeopathic physicians last known address or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.
κ1983 Statutes of Nevada, Page 1490 (CHAPTER 524, SB 237)κ
or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.
2. Proof of service of process or publication of notice made under this chapter must be filed with the secretary of the board and must be recorded in the minutes of the board.
Sec. 51. In any disciplinary proceeding before the board:
1. Proof of actual injury need not be established where the complaint charges deceptive or unethical professional conduct or medical practice harmful to the public.
2. A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license to practice homeopathic medicine is conclusive evidence of its occurrence.
Sec. 52. 1. The person charged is entitled to a hearing before the board, but the failure of the person charged to attend his hearing or his failure to defend himself does not serve to delay or void the proceedings. The board may, for good cause shown, continue any hearing from time to time.
2. If the board finds the person guilty as charged in the complaint, it may by order:
(a) Place the person on probation for a specified period or until further order of the board.
(b) Administer to the person a public or private reprimand.
(c) Limit the practice of the person as the board deems fit.
(d) Suspend the license of the person to practice homeopathic medicine for a specified period or until further order of the board.
(e) Revoke the license of the person to practice homeopathic medicine.
The order of the board may contain such other terms, provisions or conditions as the board deems proper which are not inconsistent with law.
Sec. 53. 1. Any person who has been placed on probation or whose license has been limited, suspended or revoked by the board is entitled to judicial review of the boards order.
2. Every order of the board which limits the practice of homeopathic medicine or suspends or revokes a license is effective from the date the secretary certifies the order until the date the order is modified or reversed by a final judgment of the court. The court shall not stay the order of the board unless the board has failed to comply with the procedural requirements provided for in NRS 233B.140.
3. The district court shall give a petition for judicial review of the boards order priority over other civil matters which are not expressly given priority by law.
Sec. 54. 1. Any person:
(a) Whose practice of homeopathic medicine has been limited;
(b) Whose license to practice homeopathic medicine has been:
(1) Suspended until further order; or
(2) Revoked, by an order of the board may apply to the board after a reasonable period for removal of the limitation or restoration of his license.
κ1983 Statutes of Nevada, Page 1491 (CHAPTER 524, SB 237)κ
by an order of the board may apply to the board after a reasonable period for removal of the limitation or restoration of his license.
2. In hearing the application, the board:
(a) May require the person to submit to a mental or physical examination by physicians whom it designates and submit such other evidence of changed conditions and of fitness as it deems proper.
(b) Shall determine whether under all the circumstances the time of the application is reasonable.
(c) May deny the application or modify or rescind its order as it deems the evidence and the public safety warrants.
Sec. 55. The board of homeopathic medical examiners, a medical review panel of a hospital, a medical society, or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of a homeopathic physician for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.
Sec. 56. The filing and review of a complaint, its dismissal without further action or its transmittal to the attorney general, and any subsequent disposition by the board, the attorney general or any reviewing court do not preclude:
1. Any measure by a hospital or other institution or medical society to limit or terminate the privileges of a homeopathic physician according to its rules or the custom of the profession. No civil liability attaches to any such action taken without malice even if the ultimate disposition of the complaint is in favor of the homeopathic physician.
2. Any appropriate criminal prosecution by the attorney general or a district attorney based upon the same or other facts.
Sec. 57. The board is authorized to prosecute all persons guilty of violation of the provisions of this chapter and may employ investigators and such other assistants as may be necessary to carry out the provisions of this chapter, but any expenses so incurred must not be paid out of the state general fund.
Sec. 58. 1. The board through its president or secretary-treasurer or the attorney general may maintain in any court of competent jurisdiction a suit for an injunction against any person or persons practicing homeopathic medicine without a license.
2. Such an injunction:
(a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.
(b) Does not relieve such person from criminal prosecution for practicing without a license.
Sec. 59. In charging any person with a violation of this chapter by practicing homeopathic medicine without a license, it is sufficient to charge that he did, upon a certain day, and in a certain county of this state, engage in the practice of homeopathic medicine, he not having a license to do so, without averring any further or more particular facts concerning the matter.
κ1983 Statutes of Nevada, Page 1492 (CHAPTER 524, SB 237)κ
state, engage in the practice of homeopathic medicine, he not having a license to do so, without averring any further or more particular facts concerning the matter.
Sec. 60. Any person who:
1. Presents as his own the diploma, license or credentials of another;
2. Gives either false or forged evidence of any kind to the board or any member thereof, in connection with an application for a license or permit to practice homeopathic medicine; or
3. Practices homeopathic medicine under a false or assumed name or falsely personates another licensee of a like or different name,
shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
Sec. 61. Any person who practices homeopathic medicine, unless licensed under this chapter, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
Sec. 62. NRS 0.040 is hereby amended to read as follows:
0.040 1. Except as otherwise provided in subsection 2, as used in Nevada Revised Statutes, physician means a person who engages in the practice of medicine, including osteopathy.
2. The terms physician, osteopathic [physician] physician, homeopathic physician and chiropractic physician are used in chapters 630, 633 and 634 of NRS and sections 2 to 61, inclusive, of this act in the limited senses prescribed by those chapters respectively.
Sec. 62.5. NRS 218.825 is hereby amended to read as follows:
218.825 1. Each of the boards and commissions created by the provisions of chapters 623 to 625, inclusive, chapters 628 to 644, inclusive, [and] chapters 654 and 656 of NRS and sections 2 to 61, inclusive, of this act shall engage the services of a certified public accountant or public accountant, or firm of either of such accountants, to audit all of its fiscal records once each year for the preceding fiscal year or once every other year for the 2 preceding fiscal years. The cost of the audit must be paid by the board or commission audited.
2. A report of each such audit must be filed by the accountant with the legislative auditor and the director of the budget on or before December 1 of each year in which an audit is conducted. All audits must be conducted in accordance with generally accepted auditing standards and all financial statements must be prepared in accordance with generally accepted accounting principles for special revenue funds.
3. The legislative auditor shall audit the fiscal records of any such board or commission whenever directed to do so by the legislative commission. When the legislative commission directs such an audit, it shall also determine who is to pay the cost of the audit.
Sec. 63. NRS 629.031 is hereby amended to read as follows:
629.031 Provider of health care means a physician licensed under chapter 630 or 633 of NRS [,] or sections 2 to 61, inclusive, of this act, dentist, licensed nurse, dispensing optician, optometrist, registered physical therapist, podiatrist, licensed psychologist, chiropractor, doctor of traditional Oriental medicine in any form, medical laboratory director or technician, pharmacist or a licensed hospital as the employer of any such person.
κ1983 Statutes of Nevada, Page 1493 (CHAPTER 524, SB 237)κ
under chapter 630 or 633 of NRS [,] or sections 2 to 61, inclusive, of this act, dentist, licensed nurse, dispensing optician, optometrist, registered physical therapist, podiatrist, licensed psychologist, chiropractor, doctor of traditional Oriental medicine in any form, medical laboratory director or technician, pharmacist or a licensed hospital as the employer of any such person.
Sec. 64. NRS 640.190 is hereby amended to read as follows:
640.190 1. Physical therapists may treat only patients who are referred to them by a physician, chiropractor, dentist or podiatrist in the regular course of his practice, except that a physical therapist may perform an initial examination before such a referral if the person to be examined has been participating in an athletic activity at a school when a physician is not present.
2. Nothing in this chapter authorizes a physical therapist, whether registered or not, to practice medicine, osteopathic medicine, homeopathic medicine, chiropractic or any other form or method of healing.
3. Any person violating the provisions of this section is guilty of a misdemeanor.
Sec. 65. NRS 630.145 is hereby repealed.
Sec. 66. 1. The governor shall appoint four persons who are eligible for licensing pursuant to sections 2 to 61, inclusive, of this act, and one other person qualified under subsection 2 of section 12 of this act, to the board of homeopathic medical examiners.
2. Of the members of the board appointed by the governor pursuant to subsection 1:
(a) Two members, including one person who is eligible for licensing as a homeopathic physician and the person qualified under subsection 2 of section 12 of this act shall serve terms ending on June 30, 1986;
(b) Two members shall serve terms ending June 30, 1985; and
(c) One member shall serve a term ending June 30, 1984.
3. The persons who serve succeeding terms on the board, other than the member who is qualified under subsection 2 of section 12 of this act, must be licensed to practice homeopathic medicine pursuant to sections 2 to 61, inclusive, of this act.
Sec. 67. Section 62.5 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
κ1983 Statutes of Nevada, Page 1494κ
Assembly Bill No. 124Assemblymen Stewart, Jeffrey, Thompson, Sader, DuBois, Brady, Stone, Nevin, Berkley, Ham, Malone, Bilyeu, Collins, Humke and Fay
CHAPTER 525
AN ACT relating to crimes and punishment; providing punishment for participation in a criminal syndicate; providing punishment for the collection of debts by extortion; 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 199.480 is hereby amended to read as follows:
199.480 1. [Whenever] Except as provided in subsection 2, whenever two or more persons conspire to commit murder, robbery, sexual assault, kidnaping in the first or second degree, or arson in the first or second degree, each person shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
2. If the conspiracy subjects the conspirators to criminal liability under section 10 of this act, they shall be punished in the manner provided in section 10 of this act.
3. Whenever two or more persons conspire:
(a) To commit any crime other than those set forth in [subsection 1,] subsections 1 and 2, and no punishment is otherwise prescribed by law;
(b) Falsely and maliciously to procure another to be arrested or proceeded against for a crime;
(c) Falsely to institute or maintain any action or proceeding;
(d) To cheat or defraud another out of any property by unlawful or fraudulent means;
(e) To prevent another from exercising any lawful trade or calling, or from doing any other lawful act, by force, threats or intimidation, or by interfering or threatening to interfere with any tools, implements or property belonging to or used by another, or with the use or employment thereof;
(f) To commit any act injurious to the public health, public morals, trade or commerce, or for the perversion or corruption of public justice or the due administration of the law; or
(g) To accomplish any criminal or unlawful purpose, or to accomplish a purpose, not in itself criminal or unlawful, by criminal or unlawful means,
each person is guilty of a gross misdemeanor.
Sec. 2. Chapter 205 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Every person who causes a debtor to have a reasonable apprehension that a delay in repaying the debt could result in the use of violence or other criminal means to:
κ1983 Statutes of Nevada, Page 1495 (CHAPTER 525, AB 124)κ
1. Harm physically the debtor or any other person; or
2. Damage any property belonging to or in the custody of the debtor, is guilty of extortionate collection of debt and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.
Sec. 3. Chapter 207 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 17, inclusive, of this act.
Sec. 4. As used in sections 4 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 5. Crime related to racketeering means the commission of, attempt to commit or conspiracy to commit any of the following crimes:
1. Murder;
2. Manslaughter;
3. Mayhem;
4. Battery which is punished as a felony;
5. Kidnaping;
6. Sexual assault;
7. Arson;
8. Robbery;
9. Taking property from another under circumstances not amounting to robbery;
10. Extortion;
11. Statutory sexual seduction;
12. Extortionate collection of debt in violation of section 2 of this act;
13. Forgery;
14. Resisting, delaying or obstructing a public officer;
15. Burglary;
16. Grand larceny;
17. Bribery or asking for or receiving a bribe in violation of chapter 197 or 199 of NRS which is punished as a felony;
18. Assault or battery with intent to commit a crime in violation of NRS 200.400;
19. Assault with a deadly weapon;
20. Any violation of NRS 453.232, 453.316 to 453.338, inclusive, or 453.375 to 453.401, inclusive;
21. Receiving or transferring a stolen vehicle;
22. Any violation of NRS 202.260, 202.275 and 202.350 which is punished as a felony;
23. Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;
κ1983 Statutes of Nevada, Page 1496 (CHAPTER 525, AB 124)κ
24. Receiving, possessing or withholding stolen goods valued at $100 or more;
25. Embezzlement of money or property valued at $100 or more;
26. Obtaining possession of money or property valued at $100 or more, or obtaining a signature by means of false pretenses;
27. Perjury or subornation of perjury;
28. Offering false evidence; or
29. Any violation of NRS 201.300 or 201.360.
Sec. 6. Criminal syndicate means any combination of persons, so structured that the organization will continue its operation even if individual members enter or leave the organization, which engages in or has the purpose of engaging in racketeering activity.
Sec. 7. Enterprise includes:
1. Any natural person, sole proprietorship, partnership, corporation, business trust or other legal entity; and
2. Any union, association or other group of persons associated in fact although not a legal entity.
The term includes illicit as well as licit enterprises and governmental as well as other entities.
Sec. 8. Racketeering activity means engaging in at least two crimes related to racketeering that have the same or similar pattern, intents, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics and are not isolated incidents, if at least one of the incidents occurred after the effective date of this act and the last of the incidents occurred within 5 years after a prior commission of a crime related to racketeering.
Sec. 9. (Deleted by amendment.)
Sec. 10. 1. It is unlawful for any person:
(a) Who has with criminal intent received any proceeds derived, directly or indirectly, from racketeering activity to use or invest, whether directly or indirectly, any part of the proceeds, or the proceeds derived from the investment or use thereof, in the acquisition of:
(1) Any title to or any right, interest or equity in real property; or
(2) Any interest in or the establishment or operation of any enterprise.
(b) Through racketeering activity to acquire or maintain, directly or indirectly, any interest in or control of any enterprise.
(c) Who is employed by or associated with any enterprise to conduct or participate, directly or indirectly, in:
(1) The affairs of the enterprise through racketeering activity; or
(2) Racketeering activity through the affairs of the enterprise.
(d) Intentionally to organize, manage, direct, supervise or finance a criminal syndicate.
(e) Knowingly to incite or induce others to engage in violence or intimidation to promote or further the criminal objectives of the criminal syndicate.
κ1983 Statutes of Nevada, Page 1497 (CHAPTER 525, AB 124)κ
(f) To furnish advice, assistance or direction in the conduct, financing or management of the affairs of the criminal syndicate with the intent to promote or further the criminal objectives of the syndicate.
(g) Intentionally to promote or further the criminal objectives of a criminal syndicate by inducing the commission of an act or the omission of an act by a public officer or employee which violates his official duty.
(h) To conspire to violate any of the provisions of this section.
2. Any person who violates this section shall be punished by imprisonment in the state prison for not less than 5 years nor more than 20 years, and may be further punished by a fine of not more than $25,000.
Sec. 11. In lieu of the fine which may be imposed for a violation of section 10 of this act, the convicted person may be sentenced to pay a fine which does not exceed three times:
1. Any gross pecuniary value he gained; or
2. Any gross loss he caused, including property damage and personal injury but excluding any pain and suffering,
whichever is greater, as a result of the violation. He may also be sentenced to pay court costs and the reasonable costs of the investigation and prosecution. If property is ordered forfeited pursuant to section 11.8 of this act, the value of that property must be subtracted from a fine imposed pursuant to this section.
Sec. 11.2. 1. If the indictment or information filed regarding a violation of section 10 of this act alleges that real or personal property was derived from, realized through, or used or intended for use in the course of the unlawful act and the extent of that property:
(a) The jury; or
(b) If the trial is without a jury, the court,
shall, upon a conviction, determine at a separate hearing the extent of the property to be forfeited. If the indictment or information does not include such an allegation, the property is not subject to criminal forfeiture.
2. The property subject to criminal forfeiture pursuant to subsection 1 includes:
(a) Any title or interest acquired or maintained by the unlawful conduct;
(b) Any proceeds derived from the unlawful conduct;
(c) Any property or contractual right which affords a source of influence over any enterprise established, operated, controlled, participated in or conducted in violation of section 10 of this act;
(d) Any position, office, appointment, tenure or contract of employment:
(1) Which was acquired or maintained in violation of section 10 of this act;
κ1983 Statutes of Nevada, Page 1498 (CHAPTER 525, AB 124)κ
(2) Through which the convicted person conducted or participated in the conduct of such unlawful affairs of an enterprise; or
(3) Which afforded him a source of influence or control over the affairs of an enterprise which he exercised in violation of section 10 of this act;
(e) Any compensation, right or benefit derived from a position, office, appointment, tenure or contract of employment that accrued to him during the period of unlawful conduct; and
(f) Any amount payable or paid under any contract for goods or services which was awarded or performed in violation of section 10 of this act.
3. If property which is ordered to be criminally forfeited pursuant to subsection 1:
(a) Cannot be located;
(b) Has been sold to a purchaser in good faith for value;
(c) Has been placed beyond the jurisdiction of the court;
(d) Has been substantially diminished in value by the conduct of the defendant;
(e) Has been commingled with other property which cannot be divided without difficulty or undue injury to innocent persons; or
(f) Is otherwise unreachable without undue injury to innocent persons,
the court shall order the forfeiture of other property of the defendant up to the value of the property that is unreachable.
Sec. 11.4. 1. After an information or indictment is filed regarding a violation of section 10 of this act, the prosecuting attorney may request the court to:
(a) Enter a restraining order or injunction;
(b) Require the execution of a satisfactory bond;
(c) Appoint a receiver; or
(d) Take any other necessary action,
to secure property which is subject to criminal forfeiture.
2. The court shall, after a hearing for which notice was given to any person whose rights in the property proposed for forfeiture would be affected, order such an action if the prosecuting attorney shows by a preponderance of the evidence that the action is necessary to preserve the defendants property which is subject to criminal forfeiture.
3. If no indictment or information has been filed regarding a violation of section 10 of this act, the court may, after such a hearing and upon a showing of the prosecuting attorney that:
(a) There is probable cause to believe that the property for which the order is sought would be subject to criminal forfeiture; and
(b) The requested order would not result in substantial and irreparable harm or injury to the party against whom the order is to be entered that outweighs the need to secure the property for the potential criminal forfeiture, order an action to secure the property.
κ1983 Statutes of Nevada, Page 1499 (CHAPTER 525, AB 124)κ
order an action to secure the property. Such an order may not be effective for more than 90 days unless it is extended for good cause or an indictment or information is filed regarding a violation of section 10 of this act and the extent of the criminally forfeitable property is listed therein.
Sec. 11.6. 1. The prosecuting attorney may apply for, and a court may issue without notice or hearing, a temporary restraining order to preserve property which would be subject to criminal forfeiture under section 11.2 of this act if:
(a) An indictment or information has been filed regarding a violation of section 10 of this act and the extent of criminally forfeitable property is included therein or the court believes there is probable cause for such an inclusion;
(b) The property is in the possession or control of the party against whom the order will be entered; and
(c) The court determines that the nature of the property is such that it can be concealed, disposed of or placed beyond the jurisdiction of the court before a hearing on the matter.
2. A temporary restraining order which is issued without notice may be issued for not more than 10 days and may be extended only for good cause or by consent. The court shall provide notice and hold a hearing on the matter before the order expires.
Sec. 11.8. 1. Upon entry of a judgment for a violation of section 10 of this act, the court may order the forfeiture of the appropriate property.
2. Upon entry of such an order, the court may:
(a) Enter a restraining order or injunction;
(b) Require the execution of a satisfactory bond;
(c) Appoint a receiver; or
(d) Take any other necessary action,
to protect the interests of the state.
Sec. 12. 1. Except as otherwise provided in subsection 2, the following are subject to civil forfeiture to the state:
(a) All property, real or personal, including money used in the course of, intended for use in the course of, derived from or gained through conduct in violation of section 10 of this act;
(b) Any title or interest a person has acquired or maintained in violation of section 10 of this act; and
(c) Any property or contractual right which affords a source of influence over any enterprise established, operated, controlled, participated in or conducted in violation of section 10 of this act.
2. Upon a showing by the owner of the requisite facts, the following is not subject to forfeiture under this section:
(a) Except as otherwise provided in paragraph (b), property used without the knowledge or consent of its owner; and
(b) A means of transportation used by a person in the transaction of his business as a common carrier unless it appears the owner or person in charge of the common carrier consented to or had knowledge of the violation of section 10 of this act.
κ1983 Statutes of Nevada, Page 1500 (CHAPTER 525, AB 124)κ
his business as a common carrier unless it appears the owner or person in charge of the common carrier consented to or had knowledge of the violation of section 10 of this act.
Sec. 13. 1. Property subject to forfeiture under sections 11.2 and 12 of this act may be seized by a law enforcement agency upon process issued by a court. Before an order of civil forfeiture is issued and without legal process, notice of the claim for forfeiture of real property may be given in the manner provided in NRS 14.010 and 14.015. A seizure of personal property may be made without legal process if the seizure is incident to:
(a) A lawful arrest or search; or
(b) An inspection under an administrative warrant.
2. Property seized or made the subject of notice under this section is deemed to be in the custody of the agency subject only to orders of the court which has jurisdiction over the proceedings for forfeiture. An agency which has seized such property without process shall begin the proceedings for forfeiture promptly. Such an action takes precedence over other civil proceedings. The seized property is subject to an action to claim the delivery of the property if the agency does not file the complaint for forfeiture within 60 days after the property is seized. If a complaint for forfeiture is filed after an affidavit claiming delivery, the complaint must be treated as a counterclaim.
3. When property is seized under this section, pending forfeiture and final disposition, the law enforcement agency may:
(a) Place the property under seal.
(b) Remove the property to a place designated by the court.
(c) Require another agency authorized by law to take custody of the property and remove it to an appropriate location.
4. The district attorney may institute civil proceedings under this section for the forfeiture of property subject to forfeiture pursuant to section 12 of this act. The attorney general may institute such proceedings when the property is seized by a state agency. If a district attorney has not instituted such a proceeding or has not pursued one which was instituted, the attorney general may intercede after giving 30 days written notice to the district attorney of his intention to do so.
5. In any action so brought, the district court shall proceed as soon as practicable to the hearing and determination. Pending final determination in an action brought under this section or section 16 of this act, the district court may at any time enter such injunctions, prohibitions or restraining orders, or take such actions, including the acceptance of satisfactory performance bonds, as the court deems proper in connection with any property or interest subject for forfeiture.
6. Upon a finding of civil liability under this section or section 16, the court may order the forfeiture of the appropriate property and interests.
κ1983 Statutes of Nevada, Page 1501 (CHAPTER 525, AB 124)κ
Sec. 14. 1. The state, county or city may sell or retain for its official use the property or interests so forfeited. If the forfeited property or interest is to be sold or otherwise disposed of, the state, county or city shall do so as soon as commercially feasible. Except as otherwise provided in subsection 2, the proceeds from such a sale must first be used to satisfy a claim of an injured person as provided in section 16 of this act and then for payment of all proper expenses of any proceedings for the forfeiture and sale, including any expenses for the seizure and maintenance of the property, advertising and court costs. The balance of the proceeds, if any, must be deposited in the general fund of the state or a county or city as the court provides in the order of forfeiture.
2. If the property forfeited is encumbered by a bona fide security interest and the secured party shows that he did not consent or have knowledge of the violation causing the forfeiture, the state shall pay off the existing balance or return the property to the secured party.
Sec. 15. No person, except one:
1. Who holds a community property interest in the property;
2. Whose name or interest appears on the document of title or certificate of registration of the property;
3. Who is injured in his business or property by the violation; or
4. Who can otherwise prove ownership or a bona fide security interest in the property or interest subject to forfeiture,
may be a party to a proceeding for a forfeiture brought pursuant to section 13 of this act.
Sec. 16. 1. Any person who is injured in his business or property by reason of any violation of section 10 of this act has a cause of action against a person causing such injury for three times the actual damages sustained. An injured person may also recover attorneys fees in the trial and appellate courts and costs of investigation and litigation reasonably incurred. The defendant or any injured person in the action may demand a trial by jury in any civil action brought pursuant to this section. Any injured person has a claim to forfeited property or the proceeds derived therefrom and this claim is superior to any claim the state may have to the same property or proceeds if the injured persons claim is asserted before a final decree is issued which grants forfeiture of the property or proceeds to the state.
2. A criminal action or proceeding under section 2 or 10 of this act may be commenced at any time within 5 years after the conduct in violation of the section occurs. A civil action or proceeding under this section may be commenced at any time within 5 years after the violation occurs or after the injured person sustains the injury, whichever is later. If a criminal prosecution or civil action or other proceeding is brought to punish, prevent or restrain any violation of the provisions of section 2 or 10 of this act, the running of the period of limitations prescribed by this section with respect to any cause of action arising under this section, which is based in whole or in part upon any matter complained of in the prosecution or proceeding, is suspended during the pendency of the prosecution or proceeding and for 2 years following termination of the prosecution or proceeding.
κ1983 Statutes of Nevada, Page 1502 (CHAPTER 525, AB 124)κ
complained of in the prosecution or proceeding, is suspended during the pendency of the prosecution or proceeding and for 2 years following termination of the prosecution or proceeding.
3. A final judgment or decree rendered in favor of the state in any criminal proceeding under section 2 or 10 of this act estops the defendant in any subsequent civil action or proceeding from denying the essential allegations of the criminal offense.
4. Any civil action or proceeding under this section must be instituted in the district court of the state in the county in which the prospective defendant resides or has committed any act which subjects him to criminal or civil liability under this section or sections 2, 10 or 12 of this act.
5. Any civil remedy provided pursuant to this section is not exclusive of any other available remedy or penalty.
Sec. 17. A district court may, following a determination of civil liability under section 13 or 16 of this act, take such actions as it deems proper, including ordering the defendant to pay all costs and expenses of the proceedings.
Sec. 18. NRS 453.401 is hereby amended to read as follows:
453.401 1. Except as provided in [subsection 3,] subsections 3 and 4, if two or more persons conspire to commit any offense which is a felony under the Uniform Controlled Substances Act or conspire to defraud the State of Nevada or an agency of the state in connection with its enforcement of the Uniform Controlled Substances Act, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator shall:
(a) For a first offense, be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years and may be further punished by a fine of not more than $5,000.
(b) For a second offense, or if, in the case of a first conviction of violating this subsection, such a conspirator has previously been convicted of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or of any state, territory or district which if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, he shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years , and may be further punished by a fine of not more than $10,000.
(c) For a third or subsequent offense, or if such a conspirator has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, he shall be punished by imprisonment in the state prison for not less than 5 years nor more than 20 years and may be further punished by a fine of not more than $20,000 for each offense.
κ1983 Statutes of Nevada, Page 1503 (CHAPTER 525, AB 124)κ
2. Except as provided in subsection 3, if two or more persons conspire to commit an offense in violation of the Uniform Controlled Substances Act and the offense does not constitute a felony, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator shall be punished by imprisonment, or by imprisonment and fine, for not more than the maximum punishment provided for the offense which they conspired to commit.
3. If two or more persons conspire to possess marihuana unlawfully, except for the purpose of sale, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator is guilty of a gross misdemeanor.
4. If the conspiracy subjects the conspirators to criminal liability under section 10 of this act, the persons so conspiring shall be punished in the manner provided in section 10 of this act.
5. The court shall not grant probation to or suspend the sentence of any person convicted of violating this section and punishable pursuant to paragraph (b) or (c) of subsection 1.
Sec. 19. NRS 14.065 is hereby amended to read as follows:
14.065 1. Personal service of summons upon a party outside this state is sufficient to confer upon a court of this state jurisdiction of the person of the party so served if:
(a) [Such] The service is made by delivering a copy of the summons, together with a copy of the complaint, to the party served in the manner provided by statute or rule of court for service upon a person of like kind within this state; and
(b) [Such] The party has submitted himself to the jurisdiction of the courts of this state in a manner provided by this section.
2. Any person who, in person or through an agent or instrumentality, does any of the acts enumerated in this subsection thereby submits himself and, if [an individual,] a natural person, his personal representative to the jurisdiction of the courts of this state as to any cause of action which arises from : [the doing of such acts:]
(a) Transacting any business or negotiating any commercial paper within this state;
(b) Committing a tortious act within this state;
(c) Owning, using or possessing any real property situated in this state;
(d) Contracting to insure any person, property or risk located within this state at the time of contracting; [or]
(e) Living in the marital relationship within this state notwithstanding subsequent departure from this state, as to all obligations arising for alimony, child support or property settlement, if the other party to the marital relationship continues to reside in this state [.] ; or
(f) Violating section 10 of this act.
3. Only causes of action arising from these enumerated acts may be asserted against a defendant in an action in which jurisdiction over him is based on this section.
κ1983 Statutes of Nevada, Page 1504 (CHAPTER 525, AB 124)κ
4. The method of service provided in this section is cumulative, and may be utilized with, after or independently of other methods of service.
________
Assembly Bill No. 146Committee on Ways and Means
CHAPTER 526
AN ACT relating to the financing of school construction; repealing NRS 387.334 which provided for state loans; providing for the reversion of money appropriated for that purpose to 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 387.334 is hereby repealed.
Sec. 2. Any remaining balance of the appropriation made by section 2 of chapter 544, Statutes of Nevada 1981, at page 1152, must not be committed for expenditure after the passage and approval of this act and reverts to the state general fund as soon as all payments of money committed, if any, have been made.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 445Assemblyman Sedway
CHAPTER 527
AN ACT relating to pharmacy; making various administrative changes; 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 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.2 and 1.4 of this act.
Sec. 1.2. Institutional pharmacy means a pharmacy or other storage place for controlled substances and dangerous drugs which is a part of or is operated in conjunction with a correctional facility, including a jail and detentional facility for juveniles.
Sec. 1.4. 1. Except as otherwise provided in NRS 639.2327, an institutional pharmacy which is used mainly for storage and from which controlled substances and dangerous drugs and devices are administered must be supervised by a prescribing practitioner or a licensed pharmacy.
κ1983 Statutes of Nevada, Page 1505 (CHAPTER 527, AB 445)κ
administered must be supervised by a prescribing practitioner or a licensed pharmacy.
2. The practitioner or a registered pharmacist need not be present at the times the institutional pharmacy is open, but is responsible for the security of the pharmacy and shall maintain the records required by the board. In any case, the name of the prescribing practitioner must be recorded when any controlled substance, dangerous drug or device is administered or ordered for stock.
Sec. 1.6. NRS 639.001 is hereby amended to read as follows:
639.001 As used in this chapter, the words and terms defined in NRS 639.002 to 639.016, inclusive, and section 1.2 of this act, have the meanings ascribed to them in those sections unless a different meaning clearly appears in the context.
Sec. 1.8. NRS 639.007 is hereby amended to read as follows:
639.007 Drug and medicine mean:
1. Articles recognized in the official United States Pharmacopoeia, the official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; [and]
2. Articles and devices intended for use in the diagnosis, cure, mitigation, treatment [,] or prevention of disease in man or other animals; [and]
3. Articles (other than food, aspirin and effervescent saline analgesics) intended to affect the structure [of] or any function of the body of man or other animals; [and]
4. Articles intended for use as a component of any article specified in subsections 1, 2 or 3 of this section [.] ; and
5. Any controlled substance as defined in chapter 453 of NRS.
Sec. 2. NRS 639.012 is hereby amended to read as follows:
639.012 1. Pharmacy means every store or shop licensed by the board where drugs, controlled substances, poisons, medicines or chemicals are stored or possessed, or dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded or dispensed.
2. Pharmacy includes [pharmacies] :
(a) Pharmacies owned or operated by the State of Nevada and political subdivisions and municipal corporations therein.
(b) Institutional pharmacies.
Sec. 2.5. NRS 639.060 is hereby amended to read as follows:
639.060 Before September 1 of each even-numbered year, for the biennium ending June 30 of [such] that year, the board shall report to the governor upon the condition of pharmacy in the State of Nevada. The report [shall] must contain:
1. A [full and complete record] summary of the proceedings of the board for the year.
2. The names of all pharmacists registered under this chapter.
3. A complete statement of all fees received.
κ1983 Statutes of Nevada, Page 1506 (CHAPTER 527, AB 445)κ
Sec. 3. NRS 639.070 is hereby amended to read as follows:
639.070 1. The board may:
(a) Make such regulations, not inconsistent with the laws of this state, as may be necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties.
(b) Make regulations requiring that prices charged by retail pharmacies for prescription drugs and medicines be posted in the pharmacies and be given on the telephone to persons requesting such information.
(c) Make regulations, not inconsistent with the laws of this state, authorizing the secretary to issue [temporary] certificates, licenses and permits required by chapters 453 and 454 of NRS and this chapter.
(d) Regulate the practice of pharmacy.
(e) Regulate the sales of poisons, drugs, chemicals and medicines.
(f) Regulate the means of storage and security of drugs, poisons, medicines, chemicals and devices, including but not limited to requirements relating to the inventories and records of [hospital pharmacies.] individual classes of institutional pharmacies and drugs stored in hospitals.
(g) Examine and register as pharmacists applicants whom it [shall deemed qualified to be such.] deems qualified to be pharmacists.
(h) Charge and collect necessary and reasonable fees for its services, other than those specifically set forth in this chapter.
(i) Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
(j) Employ an attorney, inspectors, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
(k) Enforce the provisions of NRS 453.011 to 453.551, inclusive, and enforce the provisions of chapter 454 of NRS and this chapter.
2. This section does not authorize the board to prohibit open-market competition in the advertising and sale of prescription drugs and pharmaceutical services.
Sec. 4. NRS 639.100 is hereby amended to read as follows:
639.100 1. Except as otherwise provided in this chapter, it is unlawful for any person to manufacture, compound, sell, dispense or permit to be manufactured, compounded, sold or dispensed any drug, poison, medicine or chemical, or to dispense or compound, or permit to be dispensed or compounded, any prescription of a practitioner, unless he is a prescribing practitioner, a technologist in radiology or nuclear medicine under the supervision of the prescribing practitioner, or a registered pharmacist under the provisions of this chapter.
2. Sales representatives or manufacturers or wholesalers selling only in wholesale lots and not to the general public and compounders or sellers of medical gases need not be registered pharmacists under the provisions of this chapter, but no person may act as a manufacturer or wholesaler unless he has obtained a permit from the board.
κ1983 Statutes of Nevada, Page 1507 (CHAPTER 527, AB 445)κ
3. Any nonprofit cooperative organization or any manufacturer or wholesaler who furnishes, sells, offers to sell or delivers controlled substances as defined in chapter 453 of NRS, which are intended, designed and labeled For Veterinary Use Only is subject to the provisions of this chapter, and such person shall not furnish, sell or offer to sell such substances until he has obtained a permit from the board.
4. Each application for such a permit must be made on a form furnished by the board and no application may be considered by the board until all the information required thereon has been completed. Upon approval thereof by the board and the payment of the required fee, the board shall issue a permit to [such] the applicant. Each permit must be issued to a specific person for a specific location, and renewed biennially.
Sec. 4.5. (Deleted by amendment.)
Sec. 5. NRS 639.190 is hereby amended to read as follows:
639.190 1. Within 30 days after the renewal date, the secretary of the board shall notify the holders of all certificates of registration who have failed to pay their renewal fee that failure to pay the renewal fee and the penalty thereon within 60 days will result in forfeiture of their respective certificates of registration.
2. If any holder of a certificate of registration fails to pay the renewal fee and penalty within 60 days, after having been notified by the secretary of the board, his certificate of registration [shall be] is automatically forfeited to the board.
3. If the certificate of any person is forfeited as provided in this section, the board may, nevertheless, within 5 years thereafter, issue him a certificate of registration , [to such person,] if the board determines that he [is] :
(a) Has not committed any act listed in NRS 639.210 other than the failure to renew his permit by not submitting the renewal fee; and
(b) Is capable and [is] qualified by education or experience, or both, adequately to practice the profession of pharmacy in this state.
Sec. 6. NRS 639.210 is hereby amended to read as follows:
639.210 The board may suspend or revoke:
1. Any certificate [or current renewal thereof, any license or current renewal thereof, any permit or current renewal thereof,] , license, registration or permit, and deny the application of any person for a certificate, license , registration or permit, who:
(a) Is not of good moral character;
(b) Is guilty of habitual intemperance;
(c) Becomes or is intoxicated or under the influence of liquor, any depressant drug or a controlled substance as defined in chapter 453 of NRS, unless taken pursuant to a physicians prescription, while on duty in any establishment licensed by the board;
(d) Is guilty of unprofessional conduct or conduct contrary to the public interest;
κ1983 Statutes of Nevada, Page 1508 (CHAPTER 527, AB 445)κ
(e) Is addicted to the use of any controlled substance as defined in chapter 453 of NRS;
(f) Has been convicted of a violation of any law related to controlled substances as defined in chapter 453 of NRS, of the Federal Government or of this or any other state;
(g) Has been convicted of a felony or other crime involving moral turpitude, dishonesty or corruption;
(h) Has willfully made to the board or its authorized representative any false written statement which is material to the administration or enforcement of any of the provisions of this chapter.
(i) Has obtained any certificate, certification, license or permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent;
(j) Has violated any provision of the Federal Food, Drug, and Cosmetic Act or any other federal law or regulation relating to prescription drugs;
(k) Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions or terms of this chapter or any law or regulation relating to the practice of pharmacy, including laws and regulations governing controlled substances and dangerous drugs, or has permitted, allowed, condoned or failed to report a violation of any of the provisions of this section committed by a registered pharmacist in his employ;
(l) Has failed to renew his certificate, license or permit by failing to pay the renewal fee therefor;
(m) Has had his certificate, license or permit suspended or revoked in another state on grounds which would cause suspension or revocation of a certificate, license or permit in this state;
(n) Has, as a responsible managing pharmacist, violated any provisions of law or regulation concerning recordkeeping or inventory requirements in a store over which he presides as responsible managing pharmacist or has allowed a violation of any provision of this chapter or other state or federal laws or regulations relating to the practice of pharmacy, including statutes governing controlled substances and dangerous drugs, by personnel of the pharmacy under his supervision as responsible managing pharmacist; or
(o) Has repeatedly been negligent, as may be evidenced by claims of malpractice settled against him.
2. Any [permit or current renewal thereof for the issuance of a] manufacturers or wholesalers permit [, or for the issuance of a current renewal of a] or any permit to supply or operate vending machines or devices for distribution of any prophylactic issued to any person, or to deny the application of any person who has applied for a permit who:
(a) Has willfully made to the board or its authorized representative any false written statement which is material to the administration or enforcement of any of the provisions of this chapter.
κ1983 Statutes of Nevada, Page 1509 (CHAPTER 527, AB 445)κ
any false written statement which is material to the administration or enforcement of any of the provisions of this chapter.
(b) Has obtained any permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent;
(c) Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions or terms of this chapter applicable to such permit; or
(d) Has failed to renew his permit by failing to pay the renewal fee therefor.
Sec. 6.5. NRS 639.220 is hereby amended to read as follows:
639.220 1. Except as otherwise provided in subsection 2, NRS 639.2324, 639.2327 and section 1.4 of this act, each pharmacy must be managed by a registered pharmacist [, physically present therein and actively engaged in the operation thereof, shall be in charge of every pharmacy] who is physically present when it is open for business.
2. The requirement of subsection 1 [shall] does not prohibit the board from authorizing the absence of the registered pharmacist each day for a total period of not to exceed 2 hours for the purpose of taking meals if:
(a) [Such] The registered pharmacist is on call during [such] his absence;
(b) A sign, as prescribed by regulations of the board, is posted for public view in the pharmacy indicating the absence of the pharmacist and the hours of [such] his absence; and
(c) All drugs, poisons, chemical and restricted devices are kept safe in a manner prescribed by regulations of the board.
The authorization required from the board [shall] must be in writing and [shall] be retained in the pharmacy, available for inspection.
3. A person shall not act as a managing pharmacist for more than one licensed pharmacy. Each managing pharmacist shall be on duty in the pharmacy and active in the management of the pharmacy on a full-time basis.
Sec. 7. NRS 639.212 is hereby amended to read as follows:
639.212 1. A person whose certificate, license , registration or permit has been suspended by the board in accordance with NRS 639.211 may petition the board for reinstatement of the certificate, license , registration or permit that restoration or declaration of sanity or mental competence.
2. The board shall not restore any suspended certificate, license , registration or permit [, suspended in accordance with NRS 639.211,] until it has found, in a hearing held for that purpose, that with due regard for the public interest [such persons] the petitioners right to practice, or to perform the duties and conduct the business covered by [such] the certificate, license , registration or permit, may be safely reinstated.
3. In any such hearing the board may consider the results of its own investigation as well as evidence pertaining to the [persons] petitioners restoration to sanity or mental competence.
κ1983 Statutes of Nevada, Page 1510 (CHAPTER 527, AB 445)κ
own investigation as well as evidence pertaining to the [persons] petitioners restoration to sanity or mental competence. The affirmative vote of a majority of board members is necessary to restore [such] the certificate, license , registration or permit. The board may require, [prior to] before reinstatement, [such person] the petitioner to pass an examination, either oral or written, to determine his present fitness to resume his practice or conduct his business in the public interest.
4. In any hearing, conducted for the purpose of reinstating any certificate, license , registration or permit, the board may employ expert witnesses considered necessary in order to determine the competency and ability of the petitioner.
5. The board may grant or deny, without a hearing or argument, any petition for reinstatement filed pursuant to this section, where the petitioner has been afforded a hearing upon any petition filed pursuant to this section within a period of 2 years immediately preceding the filing of the new petition.
Sec. 8. NRS 639.2121 is hereby amended to read as follows:
639.2121 The conviction of any [certificate holder] person who holds a certificate, license, registration or permit issued pursuant to this chapter of a felony for a violation of any federal law or law of any state concerning drugs or chemicals [shall operate] operates as an immediate suspension of the certificate [of such certificate holder.] , license, registration or permit. The person so convicted may apply to the board for reinstatement at any time.
Sec. 9. NRS 639.234 is hereby amended to read as follows:
639.234 1. The acceptance of a license issued pursuant to NRS 639.233 constitutes a consent by the licensee to the inspection of his records maintained inside and outside this state by an authorized representative of the board.
2. If [a person licensed pursuant to NRS 639.233] such a licensee does not maintain records within this state of his shipments of controlled substances, poisons, hypodermic devices or drugs to persons in this state [:
(a) Such licensee] he shall , on receipt of a written demand from the secretary of the board , furnish a true copy of [such] the records to the board.
[(b) The acceptance of a license constitutes a consent by the licensee to the inspection of his records outside this state by any authorized representative of the board.
2.] 3. The board may authorize as its representative any member or representative of the board of pharmacy or similar agency of the state in which the records are located.
[3.] 4. Failure to furnish a true copy of the required records or refusal to permit their inspection is ground for the revocation or suspension of any license issued pursuant to NRS 639.233.
Sec. 10. NRS 639.2353 is hereby amended to read as follows:
639.2353 1. A prescription must be given:
κ1983 Statutes of Nevada, Page 1511 (CHAPTER 527, AB 445)κ
(a) Directly from the practitioner to a pharmacist;
(b) Indirectly by means of an order signed by the practitioner; or
(c) By an oral order transmitted by an agent of the practitioner.
2. A written prescription must contain:
(a) The name , signature and address of the practitioner;
(b) The classification of his license;
(c) His registration number assigned by the Drug Enforcement Administration;
(d) The name and address of the patient;
(e) The name and quantity of the drug or drugs prescribed;
(f) Directions for use; and
(g) The date of issue.
3. The directions for use must be specific in that they indicate the portion of the body to which the medication is to be applied or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.
Sec. 10.5. NRS 639.2589 is hereby amended to read as follows:
639.2589 1. The form for any prescription which is issued or intended to be filled in this state must contain two lines for the signature of the prescriber. The line on the left must be printed above the words substitution permitted, and the line on the right must be printed above the words dispense as written.
2. Substitutions may be made in filling prescriptions contained in physicians orders in skilled nursing facilities and intermediate care facilities. Each page of the document which contains the physicians order must be printed with the words: The biological equivalent of drugs ordered may be dispensed unless initialed by the prescriber here and a box must be provided near that statement for the purpose of indicating that a substitution may not be made.
3. Substitutions may be made in filling prescriptions ordered on a patients chart in a hospital if the hospitals medical staff has approved a formulary for specific generic substitutions.
Sec. 11. NRS 453.128 is hereby amended to read as follows:
453.128 Prescription means:
1. An order given individually for the person for whom prescribed, directly from a physician, dentist, podiatrist or veterinarian , or his agent, to a pharmacist or indirectly by means of an order signed by the practitioner.
2. A chart order written for an inpatient specifying drugs which he is to take home upon his discharge.
Sec. 12. NRS 453.236 is hereby amended to read as follows:
453.236 1. If a person who is registered under NRS 453.231 is convicted of a felony for a violation of any federal or state law concerning drugs or chemicals, that conviction operates as an immediate suspension of the registration. The person so convicted may apply to the board for reinstatement at any time.
κ1983 Statutes of Nevada, Page 1512 (CHAPTER 527, AB 445)κ
2. A registration under NRS 453.231 to manufacture, distribute, possess, administer, dispense or prescribe a controlled substance may be suspended or revoked by the board upon a finding that the registrant has:
(a) Furnished false or fraudulent material information in any application filed under the provisions of NRS 453.011 to 453.551, inclusive;
(b) [Been convicted of a violation of any state or federal law relating to any controlled substance or of any felony, or had] Had his registration or license to manufacture, distribute, possess, administer, dispense or prescribe controlled substances revoked in any state;
(c) Had his federal registration suspended or revoked to manufacture, distribute, possess, administer, dispense or prescribe controlled substances;
(d) Surrendered or failed to renew his federal registration;
(e) Ceased to be entitled under state law to manufacture, distribute, possess, administer, dispense or prescribe a controlled substance;
(f) Failed to maintain effective controls against diversion of controlled substances into other than legitimate medical, scientific or individual channels;
(g) Failed to keep complete and accurate records of controlled substances purchased, administered or dispensed independent of the individual patients chart or medical record; or
(h) Failed to comply with any provision of this chapter or any of the statutes of the United States, federal regulations, other statutes of the State of Nevada or regulations of the board relating to controlled substances or dangerous drugs.
[2.] 3. A registrant, whose default has been entered or who has been heard by the board and found guilty of the violations alleged in the accusation, may be disciplined by the board by one or more of the following methods;
(a) Suspending judgment;
(b) Placing the registrant on probation, subject to such terms and conditions as the board deems appropriate;
(c) Suspending the right of a registrant to use a registration or any schedule thereof;
(d) Revoking the registration or any schedule thereof;
(e) Public or private reprimand; or
(f) Imposition of a fine not to exceed $1,000 for each count of the accusation.
Such an action by the board is final, except that the propriety of [such] the action is subject to review upon questions of law by a court of competent jurisdiction.
[3. If the board suspends or revokes] 4. If a registration [,] is suspended or revoked, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court.
κ1983 Statutes of Nevada, Page 1513 (CHAPTER 527, AB 445)κ
made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation orders becoming final, all controlled substances may be forfeited to the state.
[4.] 5. The board shall promptly notify the bureau and division of all orders suspending or revoking registration and the division shall promptly notify the bureau and the board of all forfeitures of controlled substances.
[5.] 6. A registrant shall not employ as his agent or employee in any premises where controlled substances are sold, dispensed, stored or held for sale any person whose pharmacists certificate has been suspended or revoked.
Sec. 13. NRS 453.258 is hereby amended to read as follows:
453.258 [A] 1. Except as otherwise provided in subsection 2, a record of each refill of any prescription for a controlled substance listed in schedule III, IV or V, or any authorization to refill such a prescription, [shall] must be kept on the back of the original prescription. [Such record shall] The record must show the date of each refill or authorization, the number of dosage units and the name or initials of the pharmacist who refilled [such] the prescription or obtained the authorization to refill.
2. If a system of automated data processing is used, the record of each refill or authorization may be maintained in a bound book or separate file.
Sec. 14. 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.
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) In an institutional pharmacy, a registered nurse licensed to practice professional nursing or a licensed practical nurse, in multiple doses for administration in single doses to prisoners in that institution.
(c) An advanced emergency medical technician-ambulance, at the direction of a physician or registered nurse as provided in NRS 450B.197.
κ1983 Statutes of Nevada, Page 1514 (CHAPTER 527, AB 445)κ
direction of a physician or registered nurse as provided in NRS 450B.197.
[(c)] (d) A respiratory therapist, at the direction of a physician.
[(d)] (e) 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)] (f) A medical intern in the course of his internship.
[(f)] (g) An ultimate user as defined in this chapter.
3. A person designated by the head of a correctional institution which does not contain an institutional pharmacy, but only:
(a) As prescribed and dispensed for an individual prisoner in that institution; and
(b) For issue to that prisoner in single doses.
Sec. 15. NRS 453.377 is hereby amended to read as follows:
453.377 A controlled substance may be dispensed by:
1. A registered pharmacist upon [the] a legal prescription from a practitioner [.] or to an institutional pharmacy upon the written order of the prescribing practitioner in charge.
2. From an institutional pharmacy, in case of emergency, upon a written order signed by the chief medical officer.
3. A practitioner or a physicians assistant if authorized by the board.
[3.] 4. A registered nurse, when the [nurse is engaged in the performance of any public health program approved by the board.] state, county, city or district health officer has declared a state of emergency.
[4.] 5. A medical intern in the course of his internship.
[5.] 6. 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 dispense controlled substances.
Sec. 16. NRS 453.385 is hereby amended to read as follows:
453.385 1. Each prescription for a controlled substance must be written on a separate prescription blank or as an order on the chart of a patient. The chart of a patient may be used to order multiple prescriptions for that patient. Each prescription for a controlled substance listed in schedule II must be written entirely by the practitioner who issues it.
2. A prescription must contain:
(a) The name and signature of the practitioner, and his address if not immediately available to the pharmacist;
κ1983 Statutes of Nevada, Page 1515 (CHAPTER 527, AB 445)κ
(b) The classification of his license;
(c) His registration number from the Drug Enforcement Administration;
(d) The name of the patient, and his address if not immediately available to the pharmacist;
(e) The name, strength and quantity of the drug or drugs prescribed;
(f) Directions for use; and
(g) The date of issue.
3. Directions for use must be specific in that they must indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.
Sec. 17. NRS 454.00961 is hereby amended to read as follows:
454.00961 Prescription means:
1. An order given individually for the person for whom prescribed, directly from the practitioner , or his agent, to a pharmacist or indirectly by means of an order signed by the practitioner.
2. A chart order written for an inpatient specifying drugs which he is to take home upon his discharge.
Sec. 18. 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, 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 registered nurse licensed to practice professional nursing or a licensed practical nurse, in an institutional pharmacy, in multiple doses for administration in single doses to prisoners in that institution.
4. A physicians assistant at the direction of his supervising physician.
[4.] 5. An advanced emergency medical technician-ambulance, at the direction of a physician or registered nurse as provided in NRS 450B.197.
[5.] 6. A respiratory therapist, at the direction of a physician.
[6.] 7. 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.
κ1983 Statutes of Nevada, Page 1516 (CHAPTER 527, AB 445)κ
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.] 8. 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 prescribe dangerous drugs.
9. A person designated by the director of the department of prisons for the purpose of executing a person who has been sentenced to death.]
9. A person designated by the head of a correctional institution which does not contain an institutional pharmacy, but only:
(a) As prescribed and dispensed for an individual prisoner in that institution; and
(b) For issue to that prisoner in single doses.
Sec. 19. NRS 454.215 is hereby amended to read as follows:
454.215 A dangerous drug may be dispensed by:
1. A registered pharmacist upon the legal prescription from a practitioner [,] or to an institutional pharmacy upon the written order of the prescribing practitioner in charge.
2. From an institutional pharmacy, in case of emergency, upon a written order signed by the chief medical officer.
3. A practitioner, or a physicians assistant if authorized by the board.
[3.] 4. A registered nurse, when the nurse is engaged in the performance of any public health program approved by the board.
[4.] 5. A medical intern in the course of his internship.
[5.] 6. 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 dispense dangerous drugs.
Sec. 20. NRS 454.223 is hereby amended to read as follows:
454.223 1. Each prescription for a dangerous drug must be written on a separate prescription blank or as an order on the chart of a patient. The chart of a patient may be used to order multiple prescriptions for that patient.
2. A written prescription must contain:
(a) The name and signature of the practitioner, and his address if not immediately available to the pharmacist;
(b) The classification of his license;
(c) The name of the patient, and his address if not immediately available to the pharmacist;
(d) The name, strength and quantity of the drug or drugs prescribed;
(e) Directions for use; and
(f) The date of issue.
κ1983 Statutes of Nevada, Page 1517 (CHAPTER 527, AB 445)κ
3. Directions for use must be specific in that they must indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.
Sec. 21. NRS 454.246 is hereby amended to read as follows:
454.246 A prescription which bears authorization, permitting the pharmacist to refill the prescription as needed by the patient, may be refilled in keeping with the number of doses ordered and the directions for use within 1 year [from] after the date it was originally [filled.] written.
Sec. 22. NRS 454.271 is hereby amended to read as follows:
454.271 [A] 1. Except as otherwise provided in subsection 2, a record of each refill of any prescription for a dangerous drug or any authorization to refill such a prescription [shall] must be kept on the back of the original prescription, or on a separate card or paper securely attached thereto, showing the date of each refill or authorization and the number of dosage units [, and shall] . The record must be signed or initialed by the pharmacist who refilled the prescription or obtained the authorization to refill.
2. If a system of automated data processing is used, the record of each refill or authorization may be maintained in a bound book or separate file.
Sec. 23. NRS 639.135 is hereby repealed.
Sec. 24. 1. Section 14 of this act shall become effective at 12:01 a.m. on July 1, 1983.
2. Section 18 of this act shall become effective at 12:02 a.m. on July 1, 1983.
________
Assembly Bill No. 595Committee on Government Affairs
CHAPTER 528
AN ACT relating to planned unit development; repealing special requirement concerning resistance of common walls to fire; 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 278A.260 is hereby repealed.
________
κ1983 Statutes of Nevada, Page 1518κ
Senate Bill No. 444Committee on Government Affairs
CHAPTER 529
AN ACT relating to the Colorado River commission; making certain administrative changes; modifying the terms of the commissioners; authorizing certain loans from the Fort Mohave Valley development 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 538.101 is hereby amended to read as follows:
538.101 1. While engaged in official business of the commission, each commissioner [and employee of the commission] is entitled to receive $60 per day as compensation and the per diem expense allowance and travel expenses provided by law.
2. The director or an employee of the commission designated by the director, shall certify all bills and claims for compensation, per diem expense allowances and travel expenses of the commissioners, and shall submit them for payment in the same manner as all other state claims. The bills and claims must be paid from the Colorado River commission fund [.] or any other fund administered by the commission and designated to be used for those expenses by the director.
3. The commission shall provide its members with industrial insurance through the state industrial insurance system and shall budget and pay for the premiums for that insurance.
Sec. 2. NRS 538.131 is hereby amended to read as follows:
538.131 1. The commissioners shall meet at such times and in such places as are designated by the chairman; but a majority of the commissioners may call a meeting of the commission at any time and place designated by them in a written notice thereof given all commissioners as provided in this subsection. [Notice] Except in cases of an emergency, written notice of all meetings must be given to each commissioner by the director at least [5] 3 working days before each meeting. [Any such notice may be waived by a commissioner or commissioners in writing.] Every notice must include information concerning the time, location and agenda for the meeting. A meeting of the commission must be held at least quarterly.
2. A majority of the commissioners constitute a quorum for the transaction of business.
3. As used in this section, emergency means any unforeseen circumstance which requires immediate action by the commission and includes:
(a) Any disaster caused by a fire, flood, earthquake or other natural cause; or
(b) Any circumstance which impairs the health and safety of the public.
κ1983 Statutes of Nevada, Page 1519 (CHAPTER 529, SB 444)κ
Sec. 3. NRS 538.171 is hereby amended to read as follows:
538.171 1. The commission [may] shall receive, protect and safeguard and hold in trust for the State of Nevada all water and water rights, and all other rights, interests or benefits in and to the waters of the Colorado River and to the power generated thereon held by or which may accrue to the State of Nevada under and by virtue of any Act of the Congress of the United States or any compacts or treaties between states to which the State of Nevada may become a party, or otherwise.
2. Applications to appropriate such waters must be made in accordance with chapter 533 of NRS and are subject to approval by the commission as set forth in NRS 533.370 and 533.372.
Sec. 4. NRS 538.191 is hereby amended to read as follows:
538.191 1. Except as otherwise provided in the covenants of bonds issued by the State of Nevada and as provided in subsections 2 and 3, all revenues derived from the sale, lease or use of water or power which become due and owing to the State of Nevada under any lease, contract or sale, or otherwise, of water or power obtained from the Colorado River power and water system, and from other sources, must be deposited with the state treasurer for credit to the Colorado River [resources] commission fund which is hereby created as a special revenue fund.
2. There is hereby created the Colorado River research and development fund as a special revenue fund for the purpose of defraying the costs of engineering studies, analysis, negotiation and such other efforts as may, in the opinion of the commission, be necessary and proper for the protection of the interests of this state in the development and acquisition of sources of water and power along and related to the Colorado River and elsewhere. The charge for water and power including in any lease or contract executed after April 18, 1963, between the commission and water or power users must be sufficient in amount to maintain the Colorado River research and development fund in addition to defraying the cost to the commission of water and power delivered. When collected, these additional revenues must be deposited with the state treasurer for credit to the fund.
3. There is hereby created the Colorado River power and water fund as a special revenue fund. All transactions not accounted for in the Colorado River [resources fund and] commission fund, the Colorado River research and development fund and the commissions enterprise funds involving the purchase and subsequent sale of power and water must be accounted for in this fund. All revenues received from those transactions must be deposited with the state treasurer for credit to this fund. Any balance in this fund on June 30 of each fiscal year must be transferred to the Colorado River [resources] commission fund the following fiscal year.
4. Money in the funds provided for in this section must be paid out on claims as other claims against the state are paid, after the claims have been approved by the commission.
κ1983 Statutes of Nevada, Page 1520 (CHAPTER 529, SB 444)κ
Sec. 5. NRS 538.231 is hereby amended to read as follows:
538.231 1. Revenues received from the sale of water delivered through the water service facilities referred to in NRS 538.211 must be applied and disbursed by the commission in the following order:
(a) To the payment to the Federal Government or to the commission for the cost of operation and maintenance of those works and facilities.
(b) To the payment to the Federal Government of cost of construction of the works and facilities allocated by the Secretary of the Interior for reimbursement under any contracts therefor.
(c) To the payment of compensation and expenses of the commission and all other obligations incurred through performance by the commission of the duties designated in NRS 538.041 to 538.251, inclusive.
(d) To the repayment to the State of Nevada of any money advanced or appropriated to the commission [,] to install water service facilities pursuant to NRS 538.211, the repayment to the placed in the state general fund . [of the state.]
2. Revenues received from the sale of power or water other than provided for in subsection 1 or otherwise must be applied and disbursed by the commission in the following order:
(a) To the payment to the Federal Government of the cost of electrical energy and the generation and delivery thereof in accordance with bills rendered by the Secretary of the Interior of the United States.
(b) To the payment to other entities of the cost of water and the cost of electrical energy and the generation thereof or the cost of water or the cost of electrical energy and the generation thereof in accordance with bills rendered by such entities.
(c) To the payment of compensation and expenses of the commission and all other obligations incurred through performance by the commission of the duties designated in NRS 538.041 to 538.251, inclusive.
(d) To the repayment to the State of Nevada of any money advanced or appropriated to the commission [,] if the advancement or appropriation requires repayment to the state, the repayment to be placed in the state general fund . [of the state.]
Sec. 6. NRS 538.241 is hereby amended to read as follows:
538.241 The state controller shall draw his warrants on the [Colorado River resources fund] funds administered by the commission for payment of all claims against [the fund,] those funds and the state treasurer shall pay them.
Sec. 7. NRS 321.490 is hereby amended to read as follows:
321.490 As used in NRS 321.480 to 321.536, inclusive, unless the context otherwise requires , [:
1. Commission] commission means the Colorado River commission.
[2. Department means the state department of conservation and natural resources.]
κ1983 Statutes of Nevada, Page 1521 (CHAPTER 529, SB 444)κ
Sec. 8. NRS 321.510 is hereby amended to read as follows:
321.510 1. The commission may, with the advice of the [department and the] board of county commissioners of Clark County, undertake such engineering and planning studies and such other action as may be necessary for the development of the Fort Mohave Valley, and shall sell and dispose of lands in the Fort Mohave Valley in accordance with the plans and procedures of the commission.
2. The commission, acting for and on behalf of the State of Nevada, may relinquish all rights, powers and privileges the state may have to purchase any portion, part or parcel of the lands described in NRS 321.500. Any such relinquishment must be made by written instrument, be approved by the attorney general, and be forwarded to the Secretary of the Interior.
Sec. 9. NRS 321.535 is hereby amended to read as follows:
321.535 The commission shall, with the advice of the [department and the] board of county commissioners of Clark County, prepare plans for the development of the lands described in NRS 321.534. The commission shall, notwithstanding any other provision of this chapter, sell or dispose of such lands in accordance with its plans and procedures.
Sec. 10. NRS 321.536 is hereby amended to read as follows:
321.536 1. The commission may use so must of the money in the Fort Mohave Valley development fund as may be necessary to :
(a) Purchase or otherwise to acquire, develop and dispose of the lands described in NRS 321.534.
(b) Purchase or otherwise to acquire, develop and dispose of any other lands which the commission is authorized to purchase, acquire, develop or dispose of.
(c) Perform any other acts or purposes which may be authorized by the legislative commission.
2. Any money received from the development or disposition of the lands must be deposited in the Fort Mohave Valley development fund.
3. The board of county commissioners or the board of trustees of a general improvement district in the Fort Mohave Valley may, with the consent of the commission and the legislative commission, borrow such money in the Fort Mohave Valley development fund as is not required in the administration of NRS 321.480 to 321.536, inclusive, in order to develop public facilities which will serve the land and its environs.
Sec. 11. NRS 356.087 is hereby amended to read as follows:
356.087 1. Except as provided in subsection 2 and 3, all interest paid on money belonging to this state must be deposited in the state general fund.
2. At the end of each quarter of each fiscal year, the state treasurer shall:
(a) Compute the proportion of total deposits and investments of state money, excluding investments owned outright for the account of the state permanent school fund, pursuant to chapter 355 of NRS and this chapter, which were attributable during the quarter to:
κ1983 Statutes of Nevada, Page 1522 (CHAPTER 529, SB 444)κ
the state permanent school fund, pursuant to chapter 355 of NRS and this chapter, which were attributable during the quarter to:
(1) The state highway fund, the motor vehicle fund and the taxicab authority fund created by NRS 408.235, 482.180 and 706.8825, respectively; and
(2) The account in the state general fund to which money withheld under NRS 338.160 is deposited;
(b) Apply the proportions obtained in subparagraphs (1) and (2) of paragraph (a) separately to the total amount of interest paid during that quarter to the state treasurer on deposits of state money;
(c) Credit to the state highway fund and the taxicab authority fund an amount equal to the amount arrived at by the computation in paragraph (b), applying the proportion obtained in subparagraph (1) of paragraph (a); and
(d) Pay to each contractor from whom money was withheld under NRS 338.160 during the quarter an amount equal to his pro rata share of the amount arrived at by the computation in paragraph (b), applying the proportion obtained in subparagraph (2) of paragraph (a).
3. The proportionate shares of the interest earned and received by:
(a) The dairy commission fund;
(b) The legislators retirement fund;
(c) The public employees retirement fund;
(d) The state permanent school fund;
(e) The silicosis and disabled pension fund;
(f) The offenders store fund, offenders employment fund and prisoners personal property fund;
(g) The wildlife account;
(h) The trust fund for the care of sites for the disposal of radioactive waste;
(i) The Colorado River [resources] commission fund, the Colorado River research and development fund, the Eldorado Valley development fund, the Fort Mohave Valley development fund and any other special revenue fund, capital projects construction fund, trust fund, enterprise fund or agency fund for which the Colorado River commission is responsible;
(j) The business enterprise contingent fund for the blind;
(k) Any gifts, grants or bequests to state agencies which by their terms require that any interest earned inure to the credit of the donee;
(l) The fund for industrial development in counties having a population of 25,000 or less, created by chapter 621, Statutes of Nevada 1979;
(m) The fund for workers compensation and safety;
(n) The uninsured employers claim fund;
(o) The subsequent injury fund; and
(p) Any fund for which this provision is made by specific statute,
must be accounted for as separate income and assets of those respective funds and the appropriate account.
κ1983 Statutes of Nevada, Page 1523 (CHAPTER 529, SB 444)κ
Sec. 12. 1. The term of each commissioner of the Colorado River commission expires on June 30, 1984. These commissioners shall serve until their successors have been appointed and qualified.
2. On or before July 1, 1984, the governor shall appoint to the commission, for terms beginning on July 1, 1984;
(a) One person whose term expires on July 1, 1985;
(b) Two persons whose terms expire on July 1, 1986; and
(c) Two persons whose terms expire on July 1, 1987.
3. Any commissioner whose term expires on June 30, 1984, is eligible for reappointment to the commission.
Sec. 13. Section 11 of Senate Bill No. 112 of this session is hereby amended to read as follows:
Sec. 11. 1. This section, section 10 and subsection 2 of section 9 of this act shall become effective upon passage and approval.
2. Section 8 of this act shall become effective at 12:01 a.m. on July 1, 1983.
Sec. 14. Section 11 of this act shall become effective at 12:02 a.m. on July 1, 1983.
________
Assembly Bill No. 585Committee on Health and Welfare
CHAPTER 530
AN ACT relating to health facilities; making various changes to the law governing planning for the provision of health care; altering the membership of the state health coordinating council; exempting the department of human resources from certain provisions of the Nevada Administrative Procedure Act in the adjudication of contested cases involving the issuance of letters of approval; providing civil 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. Chapter 439A of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as provided in subsection 2, any person who violates any of the provisions of this chapter is liable to the state for a civil penalty of:
(a) Where the provision violated governs the licensing of a project described in subsection 2 of NRS 439A.100, not more than 10 percent of the proposed expenditure for the project.
(b) Where any other provision is violated, not more than $20,000 for each violation.
2. The department shall not impose a penalty under this section if it applies for injunctive relief to prevent the same violation.
κ1983 Statutes of Nevada, Page 1524 (CHAPTER 530, AB 585)κ
Sec. 2. NRS 439A.017 is hereby amended to read as follows:
439A.017 Health services means the care and observation of patients, the diagnosis of human diseases, the treatment and rehabilitation of patients, or related services. The term includes treatment of patients for alcohol or drug abuse, services related to mental health and diagnostic services . [performed with a computed tomographic scanner.]
Sec. 3. NRS 439A.020 is hereby amended to read as follows:
439A.020 The state health coordinating council is hereby created to:
1. Promote equal access to quality health care at a reasonable cost;
2. Promote an adequate supply and distribution of health resources;
3. Promote uniform, effective methods of delivering health care;
4. [Reduce maldistribution] Promote and encourage the adequate distribution of health care facilities and manpower;
5. [Reduce the rate of increase in the cost of health care;] Promote and encourage the effective use of methods for controlling increases in the cost of health care;
6. Encourage participation in health planning by members of the several health professions, representatives of institutions and agencies interested in the provision of health care, and the general public;
7. Utilize the viewpoint of the general public for making decisions; and
8. Encourage public education regarding proper personal health care and methods for the effective use of available health services.
Sec. 4. NRS 439A.030 is hereby amended to read as follows:
439A.030 1. The council consists of at least [16 representatives appointed by the governor from the respective health systems agencies.] 7 members appointed by the governor. Not less than 50 nor more than 60 percent of the members of the council must be persons who are recipients of health services and not providers of health services.
2. Each health systems agency is entitled to the same number of representatives, no fewer than two, on the council. Of the representatives of each health systems agency, not less than 50 nor more than 60 percent must be persons who are recipients of health services and not providers of health services.
3. [The governor may appoint such an additional number of persons to serve on the council as he deems appropriate, except that:
(a) The number of additional persons appointed to the council may not exceed 40 percent of the total membership of the council;
(b) If areas exist which have a shortage of health services, the additional persons must include one or more representatives of the residents in those areas; and
(c) A majority of the additional persons appointed by the governor must be recipients of health services who are not also providers of health services.
κ1983 Statutes of Nevada, Page 1525 (CHAPTER 530, AB 585)κ
must be recipients of health services who are not also providers of health services.
4. At least one-half of the providers of health services who are members of the council must be direct providers of health services.
5.] If one or more hospitals or other health care facilities of the Veterans Administration are located in the state, the council shall, in addition to the appointed members, include as a nonvoting member a person whom the Chief Medical Director of the Veterans Administration designates as a representative of such a facility or facilities.
[6.] 4. The council shall select a chairman from among its members.
[7.] 5. The council shall meet at least once in each calendar quarter of a year.
Sec. 5. NRS 439A.060 is hereby amended to read as follows:
439A.060 The council shall:
1. [Prepare a state health plan, review it] Review the state health plan at least [triennially] biennially and make recommendations for any necessary revisions [. The council shall conduct a public hearing on any proposed state health plan before approving it.
2. After consultation with the health systems agencies and the director or office of health planning and resources, establish a uniform format for health plans of the health systems agencies.
3. At least triennially, review the health plans of the health systems agencies and require such revisions to those plans as may be necessary to make them consistent with the state health plan.
4. Annually review the agencies budgets and their annual plans for achieving the goals stated in their health plans.
5. Whenever review or recommendation is required as a condition of receiving benefits under the Federal Act, conformably review and recommend approval or disapproval of applications for federal grants and any plans which must be submitted with those applications.
6.] to it.
2. Conduct public hearings on any proposed state health plan before adopting it.
3. Advise the department concerning state health planning functions.
In developing and revising any state plan in connection with federal assistance for health programs, the council shall consider, among other things, the amount of money available from the Federal Government for those programs and the conditions attached to the acceptance of the money, and the limitations of legislative appropriations for those programs.
Sec. 6. NRS 439A.081 is hereby amended to read as follows:
439A.081 1. The department shall act as the agency for state health planning and development for the purposes of the Federal Act. As that state agency, the department:
(a) Shall carry out the state administrative program and perform the functions of health planning and development for the state as prescribed in the Federal Act;
κ1983 Statutes of Nevada, Page 1526 (CHAPTER 530, AB 585)κ
functions of health planning and development for the state as prescribed in the Federal Act;
(b) Shall consult with and assist the council; and
(c) May accept and disburse money granted by the Federal Government pursuant to the Federal Act.
2. The director may establish within the department an office of health planning and resources, consisting of employees in the classified service, which shall:
(a) Perform health planning functions . [and develop health resources for the state.]
(b) Carry out the functions of the department as the state agency under the Federal Act.
3. The department may:
(a) Adopt such regulations as are necessary to carry out the provisions of this chapter.
(b) By regulation, fix fees to be collected from applicants seeking approval of proposed health facilities or services. The amounts of any such fees must be based upon the departments costs of examining and acting upon the applications.
(c) Require providers of health services doing business in the state to make statistical and other reports appropriate to the performance of its duties under this chapter. The information required to be included in the reports must be mutually agreed upon by the director, the health systems agencies and representatives of the providers of health care who are affected.
4. In developing and revising any state plan for health planning and development, the department shall consider, among other things, the amount of money available from the Federal Government for health planning and development and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for health planning and development.
Sec. 7. NRS 439A.100 is hereby amended to read as follows:
439A.100 1. No person may undertake any project described in subsection 2 without first applying for and obtaining the written approval of the director. The health division of the department of human resources shall not issue a new license or alter an existing license for any project described in subsection 2 unless the director has issued such an approval.
2. The projects for which this approval is required are as follows:
(a) Any proposed expenditure by or on behalf of a health facility or health maintenance organization in excess of [$150,000,] $600,000, or such an amount as the department may specify by regulation, which under generally accepted accounting principles consistently applied is a capital expenditure;
(b) A [proposed capital expenditure which changes] proposal which increases the number of [existing] licensed or approved beds in a health facility through the addition [or removal] of ten or more beds or a number of beds equal to 10 percent of the licensed or approved capacity of that facility or organization, whichever is less, [or the relocation from one physical facility to another or from one category of service (medical, surgical, obstetrical or psychiatric) to another of ten or more beds or a number of beds equal to 10 percent of the licensed capacity of that facility, whichever is less,] over a period of 2 years;
κ1983 Statutes of Nevada, Page 1527 (CHAPTER 530, AB 585)κ
or a number of beds equal to 10 percent of the licensed or approved capacity of that facility or organization, whichever is less, [or the relocation from one physical facility to another or from one category of service (medical, surgical, obstetrical or psychiatric) to another of ten or more beds or a number of beds equal to 10 percent of the licensed capacity of that facility, whichever is less,] over a period of 2 years;
(c) The proposed addition of any health service to be offered in or through a health facility or health maintenance organization, if the addition:
(1) Involves a capital expenditure for a service which was not offered on a regular basis in or through the facility or organization during the previous 12 months; or
(2) Would entail an annual operating expenditure in excess of [$75,000,] $250,000, or such an amount as the department may specify by regulation;
(d) [A proposed capital expenditure to be made by a health facility or health maintenance organization for the purpose of terminating a health service which was offered in or through the facility or organization;
(e)] The proposed acquisition of any medical equipment which would cost more than [$150,000,] $400,000, or such an amount as the department may specify by regulation, and which would be owned by or located at a health facility;
[(f)] (e) The proposed acquisition of any item of medical equipment which would cost more than [$150,000,] $400,000, or such an amount as the department may specify by regulation, which would not be owned by or located at a health facility, if the owner does not, within a period specified by regulation of the department, notify it of his intention to purchase the equipment, or the department finds within 30 days after the date it receives such notice that the equipment will be used to provide services for inpatients of hospitals on more than an occasional basis; and
[(g)] (f) The acquisition of an existing health facility if:
(1) The purchaser does not, within a period specified by a regulation of the department, notify it of his intention to acquire the facility; or
(2) The department finds, within 30 days after it receives the notice, that in acquiring the facility the purchaser will change the number of beds or the health services offered.
[As used in this subsection, medical equipment includes an item of equipment to be purchased by a clinical laboratory if the laboratory is owned or controlled by a physician or hospital. If the medical equipment consists of a computed tomographic scanner, a head and a body scanner shall be deemed to provide different services and a fixed and a mobile scanner shall be deemed to provide different services.]
3. Upon receiving an application for approval, the director or office shall consider any recommendation of a health systems agency.
κ1983 Statutes of Nevada, Page 1528 (CHAPTER 530, AB 585)κ
office shall consider any recommendation of a health systems agency. A decision to approve or disapprove the application must generally be based on the need for services, utilizing criteria, established by the department by regulation, which are consistent with the purposes set forth in NRS 439A.020 and with the goals and priorities of the health plans developed pursuant to the Federal Act. The director may base his decision upon the recommendation of his staff concerning the need for services.
4. The department may by regulation require additional approval for a proposed change to a project which has previously been approved if the proposal would result in a change in the number of existing beds [or in their category of service as provided in paragraph (b) of subsection 2] or a change in the health services which are to be provided, a change in the location of the project or a substantial increase in the cost of the project.
Sec. 8. NRS 439A.105 is hereby amended to read as follows:
439A.105 1. A hearing officer shall hear and determine all appeals from the decisions of the director or the office rendered pursuant to this chapter. No appeal may be heard and determined except upon the evidence and data submitted to the director or the office and the record compiled by the [health systems agency,] department, unless it is proven to the satisfaction of the hearing officer that it was impossible in the exercise of due diligence to have discovered or secured that evidence and data in time to have submitted it to the [health systems agency] department before it made its recommendation or to the director or the office before the decision was reached.
2. The governor shall appoint a hearing officer to conduct the hearing provided in subsection 1.
3. The decision of the hearing officer is a final decision for purposes of judicial review.
Sec. 9. NRS 439A.110 is hereby amended to read as follows:
439A.110 [The department or its office of health planning and resources]
1. Except as provided in subsection 2, the department may apply to any court of competent jurisdiction to enjoin any person, state agency or local governmental agency which has engaged in or is about to engage in any act which violates any provision of this chapter or the regulations adopted pursuant thereto. Such injunction may be issued without proof of actual damage sustained by any person.
2. The department shall not seek injunctive relief under this section if it has imposed a civil penalty for the same violation.
Sec. 10. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The governor.
(b) The department of prisons.
(c) The University of Nevada System.
κ1983 Statutes of Nevada, Page 1529 (CHAPTER 530, AB 585)κ
(d) The department of the military.
(e) The state gaming control board.
(f) The Nevada gaming commission.
(g) The state board of parole commissioners.
(h) The welfare division of the department of human resources.
(i) The state board of examiners acting pursuant to chapter 217 of NRS.
2. The department of education is subject to the provisions of this chapter for the purpose of regulation-making but not with respect to any contested case.
3. The Nevada state board of accountancy is not subject to the provisions of this chapter for the purpose of adopting rules of professional conduct for accountants and auditors.
4. The special provisions of:
(a) NRS 439A.105 for the review of decisions involving the issuance of letters of approval for health facilities and agencies;
(b) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security department;
(c) Chapters 616 and 617 of NRS for the determination of contested claims; and
(d) Chapter 703 of NRS for the judicial review of decisions of the public service commission of Nevada,
prevail over the general provisions of this chapter.
5. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the department of human resources in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
6. The provisions of this chapter do not apply to any order for immediate action, including but not limited to quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control.
Sec. 11. NRS 439A.013, 439A.035 and 439A.071 are hereby repealed.
Sec. 12. 1. The term of each person serving as a member of the state health coordinating council on July 1, 1983, expires on that day. These persons shall serve until seven persons have been appointed to the council and have qualified.
2. The governor shall appoint to the council at least 7 persons who are qualified under NRS 439A.030. Of the persons so appointed, the governor shall appoint, as nearly as may be, one-third to serve for 1 year, one-third to serve for 2 years and one-third to serve for 3 years.
3. Any member of the council whose term expires under this section is eligible for reappointment, if qualified under NRS 439A.030.
κ1983 Statutes of Nevada, Page 1530 (CHAPTER 530, AB 585)κ
Sec. 13. Section 10 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
Senate Bill No. 65Committee on Judiciary
CHAPTER 531
AN ACT relating to regulatory penalties; removing the limitation on claims by the Nevada gaming commission and the state gaming control board; allowing regulatory boards and commissions to apply for assistance from the contingency fund if the proceeds of their penalties are deposited in the state general fund; allowing certain boards and commissions to delegate their authority to take disciplinary action; removing provisions which authorize boards and commissions to charge persons who are subject to disciplinary action with cost of the investigation or hearing; 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 463.330 is hereby amended to read as follows:
463.330 1. Costs of administration of this chapter incurred by the commission and the gaming control board must be paid from the state general fund on claims presented by the commission and the board, respectively, and approved and paid as other claims against the state are paid . [; but the total amount of such claims must not exceed 10 percent of the total amount of money collected pursuant to this chapter.] The commission and the board shall comply with the provisions of the State Budget Act in order that legislative authorization for budgeted expenditures may be provided.
2. In order to facilitate the confidential investigation of violations of this chapter and the regulations adopted by the commission pursuant [hereto,] to it, there is hereby created the state gaming control board revolving account. Upon the written request of the chairman of the board, the state controller [is directed to] shall draw his warrant in favor of the chairman in the amount of $10,000, and upon presentation of the warrant to the state treasurer, he shall pay it. When the warrant is paid, the chairman shall deposit the $10,000 in a bank of reputable standing, which bank shall secure the deposit with a depository bond satisfactory to the state board of examiners.
3. The chairman of the board may use the revolving account to pay the reasonable expenses of agents and employees of the board engaged in confidential investigations concerning the enforcement of this chapter, including the prepayment of expenses where necessary, whether such expenses are incurred for investigation of known or suspected violations. In allowing such expenses the chairman is not limited or bound by the provisions of NRS 281.160.
κ1983 Statutes of Nevada, Page 1531 (CHAPTER 531, SB 65)κ
4. After the expenditure of money from the revolving account, the chairman of the board shall present a claim to the state board of examiners for the amount of the expenditure to be replaced in the revolving account. The claim must be audited, allowed and paid as are other claims against the state, but the claim must not detail the investigation made as to the agent or employee making the investigation or the person or persons investigated. If the state board of examiners is not satisfied with the claim, the members thereof may orally examine the chairman concerning the claim.
5. Expenditures from the revolving account may not exceed the amount authorized by the legislature in any 1 fiscal year. [Authorization for expenditures from the revolving account is not an exception to the limitation on total expenditures imposed by subsection 1, but such expenditures from the revolving account are administrative expenses of this chapter and must be included in the total of expenditures to which such limitation is applicable.]
Sec. 2. NRS 463.331 is hereby amended to read as follows:
463.331 1. An investigative fund is hereby created as a special revenue fund for the purposes of paying all expenses incurred by the board and the commission for investigation of an application for a license, finding of suitability or approval under the provisions of this chapter. The special revenue of the investigative fund is the money received by the state from the respective applicants. The amount to be paid by each applicant is the amount determined by the board in each case, but the board may not charge any amount to an applicant for a finding of suitability to be associated with a gaming enterprise pursuant to paragraph (a) of subsection 2 of NRS 463.167.
2. Expenses may be advanced from the investigative fund by the chairman, and expenditures from the fund may be made without regard to NRS 281.160. Any money received from the applicant in excess of the costs and charges incurred in the investigation or the processing of the application must be refunded pursuant to regulations adopted by the board and the commission. At the conclusion of the investigation, the board shall give to the applicant a written accounting of the costs and charges so incurred.
3. [Expenditures from the investigative fund must not be included in the computation of the limit imposed by subsection 1 of NRS 463.330.
4.] Within 3 months after the end of a fiscal year, the amount of the balance in the fund [balance] in excess of $2,000 must be deposited in the state general fund.
Sec. 3. Chapter 459 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 459.235 is subject to the same procedural requirements which apply to disciplinary actions taken by the state board of health pursuant to NRS 459.100, and the officer or panel has those powers and duties given to the board in relation thereto.
κ1983 Statutes of Nevada, Page 1532 (CHAPTER 531, SB 65)κ
pursuant to NRS 459.100, and the officer or panel has those powers and duties given to the board in relation thereto.
2. A decision of the hearing officer or panel imposing an administrative penalty is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to amend, revoke or suspend a license may appeal that decision to the state board of health.
Sec. 4. NRS 459.235 is hereby amended to read as follows:
459.235 1. All [administrative penalties assessed by the health division and] penal fines imposed in the name of a county for violations of the provisions of NRS 459.010 to 459.290, inclusive, or any regulation or order adopted or issued under [them,] those provisions, must be deposited in the trust fund for the care of sites for the disposal of radioactive waste.
2. The state board of health may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to NRS 459.010 to 459.290, inclusive, impose and collect administrative penalties therefor and deposit the money therefrom in the trust fund for the care of sites for the disposal of radioactive waste.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the state board of health deposits the money collected from the imposition of administrative fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 5. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 616.425 is subject to the same procedural requirements which apply to disciplinary actions taken by the commissioner or administrator, and the board or panel has the same powers and duties given to the commission or administrator in relation thereto.
2. A decision of the hearing officer or panel relating to the imposition of an administrative fine is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to withdraw the certification of a self-insured employer may appeal that decision to the commissioner.
Sec. 6. NRS 616.425 is hereby amended to read as follows:
616.425 1. [All] Except as provided in subsection 4, all premiums, contributions, penalties, bonds, securities and all other properties received, collected or acquired by the system pursuant to the terms of this chapter must:
(a) Be credited on the records of the system to the state insurance fund.
(b) Constitute, for the purpose of custody thereof, the state insurance fund, which must be held by the manager as custodian thereof for the benefit of employees and their dependents within the provisions of this chapter.
κ1983 Statutes of Nevada, Page 1533 (CHAPTER 531, SB 65)κ
this chapter. The manager is liable on his official bond for the faithful performance of his custodial duty.
2. The manager shall deliver from the state insurance fund to the custody of the state treasurer such money as is deemed by the system necessary to maintain an adequate balance in the state insurance fund deposit account, which is hereby created for the transaction of the ordinary business and functions of the system, including compensation.
3. The commissioner or the administrator may delegate to a hearing officer or panel his authority to take any disciplinary action pursuant to NRS 616.294 or 616.647, respectively, impose and collect administrative fines therefor and deposit the money therefrom in the state insurance fund.
4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the commissioner or the administrator deposits the money collected from the imposition of administrative fines with the state treasurer for credit to the state general fund, he may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 7. Chapter 628 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 628.140 is subject to the same procedural requirements which apply to disciplinary actions taken by the board, and the officer or panel has those powers and duties given to the board in relation thereto.
2. A decision of the hearing officer or panel relating to the imposition of a civil penalty, court costs and attorneys fees is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to place a certified or registered public accountant on probation or revoke or suspend a certificate, permit, registration or license may appeal that decision to the board.
Sec. 8. NRS 628.140 is hereby amended to read as follows:
628.140 [All] 1. Except as provided in subsection 3, all fees and other [moneys] money received by the board pursuant to the provisions of this chapter [shall] must be deposited in banks or savings and loan associations in the State of Nevada and expended solely for the purposes of this chapter. [No part of such moneys shall] The money so deposited does not revert to the state general fund . [of the state.] The compensation provided for by this chapter and all expenses incurred under this chapter [shall] must be paid from [such moneys.] this money. No compensation or expenses incurred under this chapter [shall be a charge] may be charged against the state general fund . [of the state.]
2. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect civil penalties, court costs and attorneys fees, therefor and deposit the money therefrom in banks or savings and loan associations in this state.
κ1983 Statutes of Nevada, Page 1534 (CHAPTER 531, SB 65)κ
deposit the money therefrom in banks or savings and loan associations in this state.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the board deposits the money collected from the imposition of civil penalties, court costs and attorneys fees with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 9. NRS 628.390 is hereby amended to read as follows:
628.390 1. After giving notice and conducting a hearing, the board may revoke, or may suspend for a period of not more than 5 years, any certificate issued under NRS 628.190 to 628.310, inclusive, any registration or license granted to a registered public accountant under NRS 628.350, or any registration of a partnership, corporation or office, or may revoke, suspend or refuse to renew any permit issued under NRS 628.380, or may censure the holder of any permit, for any one or any combination of the following causes:
(a) Fraud or deceit in obtaining a certificate as certified public accountant, or in obtaining registration or a license as a public accountant under this chapter, or in obtaining a permit to practice public accounting under this chapter.
(b) Dishonesty, fraud or gross negligence by a certified or registered public accountant in the practice of public accounting or, if not in the practice of public accounting, of a kind which adversely affects the ability to perform public accounting.
(c) Violation of any of the provisions of this chapter.
(d) Violation of a regulation or rule of professional conduct adopted by the board under the authority granted by this chapter.
(e) Conviction of a felony under the laws of any state or of the United States.
(f) Conviction of any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States.
(g) Cancellation, revocation, suspension or refusal to renew authority to practice as a certified public accountant or a registered public accountant by any other state, for any cause other than failure to pay an annual registration fee or to comply with requirements for continuing education or review of his practice in the other state.
(h) Suspension or revocation of the right to practice before any state or federal agency.
(i) Unless the person has been placed on inactive or retired status, failure to obtain an annual permit under NRS 628.380, within:
(1) Three years after the expiration date of the permit to practice last obtained or renewed by the certificate holder or registrant; or
(2) Three years after the date upon which the certificate holder or registrant was granted his certificate or registration, if no permit was ever issued to him, unless the failure has been excused by the board.
κ1983 Statutes of Nevada, Page 1535 (CHAPTER 531, SB 65)κ
(j) Conduct discreditable to the profession of public accounting or which reflects adversely upon the fitness of the person to engage in the practice of public accounting.
2. In addition to other penalties prescribed by this section, the board may impose a civil penalty of not more than $1,000 . [, and may charge the certificate holder or registrant with costs of the proceedings, including] The board may recover attorneys fees and court costs for its recovery.
Sec. 10. Chapter 631 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 631.350 is subject to the same procedural requirements which apply to disciplinary actions taken by the board, and the officer or panel has those powers and duties given to the board in relation thereto.
2. A decision of the hearing officer or panel relating to the imposition of a fine is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to revoke or suspend a license or renewal certificate may appeal that decision to the board.
Sec. 11. NRS 631.350 is hereby amended to read as follows:
631.350 1. The board may refuse to issue a license to any person, or may revoke or suspend the license or renewal certificate issued by it, of any person, or may fine a person it has licensed, upon proof satisfactory to the board that the person has:
[1.] (a) Engaged in the illegal practice of dentistry or dental hygiene; or
[2.] (b) Engaged in unprofessional conduct.
2. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks or savings and loan associations in this state.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 12. NRS 631.400 is hereby amended to read as follows:
631.400 1. Any person who engages in the illegal practice of dentistry in this state, or who practices or offers to practice dental hygiene in this state without a certificate, or who, having a certificate, practices dental hygiene in a manner or place not permitted by the provisions of this chapter [:
(a) Is] is guilty of a gross misdemeanor.
[(b) Is liable for any costs incurred in the investigation and during the hearing, if ordered by the board.]
κ1983 Statutes of Nevada, Page 1536 (CHAPTER 531, SB 65)κ
the hearing, if ordered by the board.] The board may assign that person specific duties as a condition of renewing his license.
2. Whenever any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the district court of any county, on application of the board, may issue an injunction or other appropriate order restraining the conduct. Proceedings under this subsection are governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking is required in any action commenced by the board.
Sec. 13. Chapter 634 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 634.050 is subject to the same procedural requirements which apply to disciplinary actions taken by the board, and the officer or panel has those powers and duties given to the board in relation thereto.
2. A decision of the hearing officer or panel relating to the imposition of a fine is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to place a licensee on probation or revoke or suspend a license may appeal that decision to the board.
Sec. 14. NRS 634.050 is hereby amended to read as follows:
634.050 [All moneys] 1. Except as provided in subsection 3, all money collected by the board [shall] must be deposited in banks or savings and loan associations in the State of Nevada, and [shall] must be used by the board to defray its legitimate expenses.
2. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks or savings and loan associations in this state.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 15. Chapter 636 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 636.110 is subject to the same procedural requirements which apply to disciplinary actions taken by the board, and the officer or panel has those powers and duties given to the board in relation thereto.
2. A decision of the hearing officer or panel relating to the imposition of an administrative fine or penalty is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to revoke or suspend a license may appeal that decision to the board.
κ1983 Statutes of Nevada, Page 1537 (CHAPTER 531, SB 65)κ
Sec. 16. NRS 636.075 is hereby amended to read as follows:
636.075 1. A member [shall be] of the board is entitled to receive:
(a) A salary of not more than $60 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
2. Compensation and expenses of members [shall be] are payable out of the [funds] money derived from fees [, fines and penalties] paid or transmitted to the board under the provisions of this chapter and no part thereof may be paid out of the state treasury.
Sec. 17. NRS 636.110 is hereby amended to read as follows:
636.110 [All moneys] 1. Except as provided in subsection 3, all money coming into possession of the board [shall] must be kept or deposited by the secretary as a special fund to be expended for payment of compensation and expenses of [board] members of the board and for other necessary or proper purposes in the administration of this chapter. The secretary shall deposit the [moneys] money in banks or savings and loan associations in the State of Nevada.
2. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect administrative fines and penalties therefor and deposit the money therefrom in banks or savings and loan associations in this state.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the board deposits the money collected from the imposition of administrative fines and penalties with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 18. Chapter 637 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 637.060 is subject to the same procedural requirements which apply to disciplinary actions taken by the board, and the officer or panel has those powers and duties given to the board in relation thereto.
2. A decision of the hearing officer or panel relating to the imposition of an administrative fine is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to place a licensee on probation, reprimand him or revoke or suspend his license may appeal that decision to the board.
Sec. 19. NRS 637.060 is hereby amended to read as follows:
637.060 1. [All moneys] Except as provided in subsection 3, all money received by the board under the provisions of this chapter [shall] must be deposited in banks or savings and loan associations in the State of Nevada.
κ1983 Statutes of Nevada, Page 1538 (CHAPTER 531, SB 65)κ
[shall] must be deposited in banks or savings and loan associations in the State of Nevada.
[2. Such moneys] The money may be drawn on by the board for payment of all expenses incurred in the administration of the provisions of this chapter.
2. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect administrative fines therefor and deposit the money therefrom in banks or savings and loan associations in this state.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the board deposits the money collected from the imposition of administrative fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 20. NRS 637.150 is hereby amended to read as follows:
637.150 Upon proof to the satisfaction of the board that an applicant or holder of a license:
1. Has been adjudicated insane;
2. Habitually uses any controlled substance as defined in chapter 453 of NRS or intoxicants;
3. Has been convicted of a crime involving moral turpitude;
4. Has advertised fraudulently;
5. Has presented to the board any diploma, license or certificate that has been signed or issued unlawfully or under fraudulent representations, or obtains or has obtained a license to practice in the state through fraud of any kind;
6. Has been convicted of a violation of any federal or state law relating to a controlled substance as defined in chapter 453 of NRS;
7. Has violated any regulation of the board;
8. Has violated any provision of this chapter;
9. Is incompetent; or
10. Has repeatedly been negligent, as may be evidenced by claims of malpractice settled against a practitioner,
the board may, in the case of an applicant, refuse to grant him a license, or may, in the case of a holder of a license, place him on probation, reprimand him privately or publicly, require him to pay an administrative fine of not more than $2,500, [assess upon him the boards cost of investigating the matter,] suspend or revoke his license, or take any combination of these disciplinary actions.
Sec. 21. Chapter 637A of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 637A.080 is subject to the same procedural requirements which apply to disciplinary actions taken by the board, and the officer or panel has those powers and duties given to the board in relation thereto.
κ1983 Statutes of Nevada, Page 1539 (CHAPTER 531, SB 65)κ
or panel has those powers and duties given to the board in relation thereto.
2. A decision of the hearing officer or panel relating to the imposition of a penalty is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to place a licensee on probation, reprimand him or revoke or suspend his license may appeal that decision to the board.
Sec. 22. NRS 637A.080 is hereby amended to read as follows:
637A.080 1. All fees provided for in this chapter [shall] must be paid to the board.
2. [All moneys] Except as provided in subsection 4, all money coming into possession of the board [shall] must be kept or deposited by the secretary in banks or savings and loan associations in the State of Nevada to be expended for payment of expenses of [board] members of the board and for other necessary or proper purposes in the administration of this chapter.
3. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect penalties therefor and deposit the money therefrom in banks or savings and loan associations in this state.
4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the board deposits the money collected from the imposition of penalties with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 23. NRS 637A.090 is hereby amended to read as follows:
637A.090 1. Members of the board shall serve sithout compensation, but are [allowed] entitled to the per diem allowance and traveling expenses [fixed by law.] as provided for state officers and employees.
2. All necessary expenses incurred by the board in the performance of its duties [shall] must be evidenced on claims signed by the chairman and secretary and [shall be] paid out of [moneys] money received by the board from fees . [and penalties.]
Sec. 24. Chapter 637B of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 637B.240 is subject to the same procedural requirements which apply to disciplinary actions taken by the board, and the officer or panel has those powers and duties given to the board in relation thereto.
2. A decision of the hearing officer or panel relating to the imposition of a civil penalty is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to reprimand a licensee or revoke, suspend or refuse to renew a license may appeal that decision to the board.
Sec. 27. NRS 639.081 is hereby amended to read as follows:
639.081 1. [All moneys] Except as provided in subsection 3, all money coming into the possession of the board [shall] must be kept or deposited by the secretary in banks or savings and loan associations in the State of Nevada, or invested in United States treasury bills or notes, to be expended for payment of compensation and expenses of [board] members of the board and for other necessary or proper purposes in the administration of this chapter.
2. [Moneys received by the board from fines imposed pursuant to NRS 639.255 may be used for educational and training programs.] The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks or savings and loan associations in this state.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the board deposits the money collected from the imposition of fines with the state treasurer for credit
κ1983 Statutes of Nevada, Page 1540 (CHAPTER 531, SB 65)κ
Sec. 25. NRS 637B.240 is hereby amended to read as follows:
637B.240 1. All fees collected under the provisions of this chapter must be paid to the secretary-treasurer of the board to be used for the purpose of defraying the necessary expenses of the board. The secretary-treasurer shall deposit the fees in qualified banks or savings and loan associations in this state.
2. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect civil penalties therefor and deposit the money therefrom in banks or savings and loan associations in this state.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the board deposits the money collected from the imposition of civil penalties with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 26. Chapter 639 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 639.081 is subject to the same procedural requirements which apply to disciplinary actions taken by the board, and the officer or panel has those powers and duties given to the board in relation thereto.
2. A decision of the hearing officer or panel relating to the imposition of a fine is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to place the holder of a certificate, license or permit on probation, reprimand him or revoke or suspend his certificate, license or permit may appeal that decision to the board.
Sec. 27. NRS 639.081 is hereby amended to read as follows:
639.081 1. [All moneys] Except as provided in subsection 3, all money coming into the possession of the board [shall] must be kept or deposited by the secretary in banks or savings and loan associations in the State of Nevada or invested in United States treasury bills or notes, to be expended for payment of compensation and expenses of [board] members of the board and for other necessary or proper purposes in the administration of this chapter.
2. [Moneys received by the board from fines imposed pursuant to NRS 639.255 may be used for educational and training programs.] The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks or savings and loan associations in this state.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
κ1983 Statutes of Nevada, Page 1541 (CHAPTER 531, SB 65)κ
to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 28. Chapter 640 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 640.070 is subject to the same procedural requirements which apply to disciplinary actions taken by the board, and the officer or panel has those powers and duties given to the board in relation thereto.
2. A decision of the hearing officer or panel relating to the imposition of an administrative fine is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to place the holder of a certificate, license or temporary permit on probation, or revoke, suspend or refuse to renew his license may appeal that decision to the board.
Sec. 29. NRS 640.070 is hereby amended to read as follows:
640.070 1. All fees collected under this chapter [shall] must be deposited in banks or savings and loan associations in the State of Nevada.
2. All expenses incident to the operation of this chapter [shall] must be paid from the revenue derived therefrom . [, and no part of such expenses shall be a charge against the funds derived in connection
with the functions of the board other than that provided in this chapter.]
3. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect administrative fines therefor and deposit the money therefrom in banks or savings and loan associations in this state.
4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the board deposits the money collected from the imposition of administrative fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 30. NRS 640.160 is hereby amended to read as follows:
640.160 1. The board, after due notice and hearing, and upon any ground enumerated in subsection 2, may take one or more of the following actions:
(a) Refuse to register or issue a license or temporary permit to any applicant.
(b) Refuse to renew the registration, license or temporary permit of any person.
(c) Suspend or revoke the registration, license or temporary permit of any person.
κ1983 Statutes of Nevada, Page 1542 (CHAPTER 531, SB 65)κ
(d) Place any person who has been registered or issued a license or temporary permit on probation.
(e) Impose an administrative fine which does not exceed $500 on any person who has been registered or issued a license or temporary permit.
[(f) Assess the costs of investigation upon any person who is registered or has been issued a license or temporary permit.]
2. The board may take action pursuant to subsection 1 if an applicant or person who has been registered or issued a license or temporary permit:
(a) Is habitually drunk or is addicted to the use of a controlled substance as defined in chapter 453 of NRS.
(b) Has been convicted of violating any state or federal law relating to controlled substances as defined in chapter 453 of NRS.
(c) Is, in the judgment of the board, guilty of immoral or unprofessional conduct.
(d) Has been convicted of any crime involving moral turpitude.
(e) Is guilty, in the judgment of the board, of gross negligence in his practice as a physical therapist which may be evidenced by claims of malpractice settled against a practitioner.
(f) Has obtained or attempted to obtain registration by fraud or material misrepresentation.
(g) Has been declared insane by a court of competent jurisdiction and has not thereafter been lawfully declared sane.
(h) Has entered into any contract or arrangement which provides for the payment of an unearned fee to any person following his referral of a patient.
(i) Has employed as a physical therapist any unlicensed physical therapist or physical therapist whose license has been suspended.
(j) Has had his license to practice physical therapy suspended or revoked by another jurisdiction.
(k) Is determined to be professionally incompetent by the board.
(l) Has violated any provision of this chapter or the boards regulations.
Sec. 31. Chapter 644 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 644.170 is subject to the same procedural requirements which apply to disciplinary actions taken by the board, and the officer or panel has those powers and duties given to the board in relation thereto.
2. A decision of the hearing officer or panel relating to the imposition of a fine is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to revoke, suspend, or refuse to renew a license or certificate of registration may appeal that decision to the board.
κ1983 Statutes of Nevada, Page 1543 (CHAPTER 531, SB 65)κ
Sec. 32. NRS 644.060 is hereby amended to read as follows:
644.060 1. The members of the board shall annually elect a president, a treasurer and a secretary from among their number. The members may assign the duties of the treasurer and the secretary to one person who shall be treasurer and secretary.
2. The compensation of the secretary, in either event, [shall] must be fixed by the board, and [shall be] paid out of the [funds] fees and receipts received by it, and no part of such compensation [shall] may be paid by the state.
Sec. 33. NRS 644.070 is hereby amended to read as follows:
644.070 1. The board shall hold meetings at least four times a year for the examination of applicants for registration and for the transaction of such other business as pertains to its duties.
2. The board may hold such other meetings for the examination of applicants for registration or for the transaction of necessary business at such times and places as it determines.
3. The members of the board are entitled to receive:
(a) A salary of not more than $60 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging and actual expenses for transportation, as provided for state officers and employees.
4. All such compensation and expenses must be paid by the board out of the [money] fees and receipts received by it, and no part thereof may be paid by the state.
Sec. 34. NRS 644.170 is hereby amended to read as follows:
644.170 1. All fees collected on behalf of the board and all receipts of every kind and nature [shall] must be reported at the beginning of each month, for the month preceding, to the board. At the same time the entire amount of collections [shall] , except as provided in subsection 5, must be paid to the treasurer of the board, who shall deposit them in banks or savings and loan associations in the State of Nevada.
2. The receipts [shall] must be for the uses of the board and out of them [shall] must be paid all salaries and all other expenses necessarily incurred in carrying into effect the provisions of this chapter.
3. All orders for payment of money [shall] must be drawn on the treasurer of the board and countersigned by the president and the secretary of the board.
4. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks or savings and loan associations in this state.
5. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 4 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
κ1983 Statutes of Nevada, Page 1544 (CHAPTER 531, SB 65)κ
money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 35. NRS 645.140 is hereby amended to read as follows:
645.140 1. Except as provided in this section, all fees , penalties and charges received by the division, pursuant to NRS 645.660 and 645.830 must be deposited with the state treasurer for credit to the state general fund. The fees received by the division for each real estate brokers and real estate salesmans examination and from the sale of publications must be retained by the division to pay the costs of examining the applicants and printing and distributing publications, and any surplus must be deposited with the state treasurer for credit to the state general fund. Money for the support of the division must be provided by direct legislative appropriation, and be paid out on claims as other claims against the state are paid.
2. Each member of the commission is entitled to receive:
(a) A salary of not more than $60 per day, as fixed by the commission, while engaged in the business of the commission.
(b) The per diem allowance and travel expenses provided by law.
Sec. 36. Chapter 648 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 648.040 is subject to the same procedural requirements which apply to disciplinary actions taken by the board, and the officer or panel has those powers and duties given to the board in relation thereto.
2. A decision of the hearing officer or panel relating to the imposition of a fine is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to place a licensee on probation, reprimand him or revoke or suspend his license or may appeal that decision to the board.
Sec. 37. NRS 648.040 is hereby amended to read as follows:
648.040 1. [All] Except as provided in subsection 4, all amounts received pursuant to the provisions of this chapter must be deposited in the state treasury for credit to the attorney generals special fund and must be used by the board for the administration of this chapter and to pay the expenses and salary of members and employees of the board.
2. Any amount remaining in the fund at the end of a fiscal year must be carried forward into the next fiscal year.
3. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in the state treasury for credit to the attorney generals special fund.
4. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 3 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
κ1983 Statutes of Nevada, Page 1545 (CHAPTER 531, SB 65)κ
examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 38. Chapter 684A of NRS is hereby amended by adding thereto the provisions set forth as sections 39 and 40 of this act.
Sec. 39. 1. The commissioner may delegate to a hearing officer or panel his authority to take any disciplinary action pursuant to this chapter, impose and collect administrative fines therefor and deposit the money therefrom with the state treasurer for credit to the insurance division regulatory fund.
2. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 1 and the commissioner deposits the money collected from the imposition of administrative fines with the state treasurer for credit to the state general fund, he may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 40. 1. Any disciplinary action taken by a hearing officer or panel pursuant to section 39 of this act is subject to the same procedural requirements which apply to disciplinary actions taken by the commissioner, and the officer or panel has those powers and duties given to the commissioner in relation thereto.
2. A decision of the hearing officer or panel relating to the imposition of an administrative fine is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to revoke, suspend, limit or refuse to continue a license may appeal that decision to the commissioner.
Sec. 41. NRS 684A.240 is hereby amended to read as follows:
684A.240 1. In addition to or in lieu of the suspension, revocation or refusal to renew any adjusters license for any of the causes referred to in NRS 684A.210 , [(suspension, revocation of license: Grounds),] after hearing thereon or upon waiver of hearing by the licensee, the commissioner may levy upon the licensee an administrative fine in any amount not less than $25 nor more than $250.
2. In his order levying the fine the commissioner shall specify a period of not less than 15 days nor more than 30 days from the date of the order within which the fine [shall] must be paid in full.
3. If the fine is not paid when due, the commissioner shall revoke the license involved, if not already revoked, and the fine [shall] must be recovered in a civil action brought by the attorney general in the commissioners behalf.
[4. The commissioner shall deposit any fine collected by him hereunder with the state treasurer for credit to the insurance division regulatory fund.]
Sec. 42. Section 1 of Assembly Bill No. 101, being chapter 72 of Statutes of Nevada 1983, is hereby amended to read as follows:
κ1983 Statutes of Nevada, Page 1546 (CHAPTER 531, SB 65)κ
Section 1. NRS 636.075 is hereby amended to read as follows:
636.075 1. [A] Each member of the board is entitled to receive:
(a) A salary of not more than $60 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed [$25] $60 per day, and actual expenses for transportation, while traveling on business of the board.
2. Compensation and expenses of members are payable out of the money derived from fees paid or transmitted to the board under the provisions of this chapter and no part thereof may be paid out of the state treasury.
Sec. 43. Section 1 of Assembly Bill No. 267, being chapter 140 of Statutes of Nevada 1983, is hereby amended to read as follows:
Section 1. NRS 645.140 is hereby amended to read as follows:
645.140 1. Except as provided in this section, all fees, penalties and charges received by the division [,] pursuant to NRS 645.660 and 645.830 must be deposited with the state treasurer for credit to the state general fund. The fees received by the division [for each real estate brokers and real estate salesmans examination and] from the sale of publications must be retained by the division to pay the costs of [examining the applicants and] printing and distributing publications, and any surplus must be deposited with the state treasurer for credit to the state general fund. Money for the support of the division must be provided by direct legislative appropriation, and be paid out on claims as other claims against the state are paid.
2. Each member of the commission is entitled to receive:
(a) A salary of not more than $60 per day, as fixed by the commission, while engaged in the business of the commission.
(b) The per diem allowance and travel expenses provided by law.
Sec. 44. Section 28 of Senate Bill No. 341 of this session is hereby amended to read as follows:
Sec. 28. NRS 631.350 is hereby amended to read as follows:
631.350 1. The board may refuse to issue a license to any person, or may revoke or suspend the license or renewal certificate issued by it, of any person, or may fine a person it has licensed, upon proof satisfactory to the board that the person has:
(a) Engaged in the illegal practice of dentistry or dental hygiene; [or]
(b) Engaged in unprofessional conduct [.] ; or
(c) Violated any regulations adopted by the board or the provisions of this chapter.
2. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks or savings and loan associations in this state.
κ1983 Statutes of Nevada, Page 1547 (CHAPTER 531, SB 65)κ
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 45. Section 29 of Senate Bill No. 341 of this session is hereby amended to read as follows:
Sec. 29. NRS 631.350 is hereby amended to read as follows:
631.350 1. [The] Except as provided in section 6.5 of this act, the board may refuse to issue a license to any person, or may revoke or suspend the license or renewal certificate issued by it, of any person, or may fine a person it has licensed, upon proof satisfactory to the board that the person has:
(a) Engaged in the illegal practice of dentistry or dental hygiene;
(b) Engaged in unprofessional conduct; or
(c) Violated any regulations adopted by the board or the provisions of this chapter.
2. The board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect fines therefor and deposit the money therefrom in banks or savings and loan associations in this state.
3. If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection 2 and the board deposits the money collected from the imposition of fines with the state treasurer for credit to the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 46. Section 31 of Senate Bill No. 341 of this session is hereby amended to read as follows:
Sec. 31. NRS 631.400 is hereby amended to read as follows:
631.400 1. Any person who engages in the illegal practice of dentistry in this state, or who practices or offers to practice dental hygiene in this state without a [certificate,] license, or who, having a [certificate,] license, practices dental hygiene in a manner or place not permitted by the provisions of this chapter :
(a) If it is his first or second offense, is guilty of a gross misdemeanor.
(b) If it is his third or subsequent offense, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. The board may assign [that] such a person specific duties as a condition of renewing his license.
κ1983 Statutes of Nevada, Page 1548 (CHAPTER 531, SB 65)κ
[2.] 3. Whenever any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the district court of any county, on application of the board, may issue an injunction or other appropriate order restraining the conduct. Proceedings under this subsection are governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking is required in any action commenced by the board.
Sec. 47. This act shall become effective upon passage and approval.
________
Assembly Bill No. 151Committee on Government Affairs
CHAPTER 532
AN ACT relating to the use of land; making substantial changes to statutory provisions which empower cities and counties to require the dedication of land or the imposition of a residential construction tax for parks and playgrounds; 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 278.498 is hereby amended to read as follows:
278.498 1. The ordinance adopted pursuant to NRS 278.4979 [shall,] must, insofar as practicable, conform to the recreation plan incorporated in the applicable master plan.
2. If no [such] recreation plan is incorporated in [such] the master plan, the ordinance [shall,] must, by means of accompanying maps, diagrams, charts, descriptive matter and reports, also adopt a recreation plan. [Such plan shall] The plan must provide for a comprehensive system of recreation areas, including natural reservations, parks, parkways, beaches, playgrounds and other recreation areas, as well as the location thereof, when practicable.
3. The recreation plan adopted pursuant to subsection 1 or 2 [shall] must discuss and outline the proposed method or methods of [implementing] carrying out the acquisition, development, operation and maintenance of the recreation facilities for which it provides.
Sec. 2. NRS 278.4981 is hereby amended to read as follows:
278.4981 1. [Any city or county which makes dedication of sites for parks and playgrounds mandatory shall adopt regulations that] The ordinance adopted pursuant to NRS 278.4979 must set forth the standards to be applied in determining the amount of land that is required to be dedicated.
κ1983 Statutes of Nevada, Page 1549 (CHAPTER 532, AB 151)κ
required to be dedicated. The [regulations shall be adopted in accordance with procedures set forth in the Nevada Administrative Procedure Act and shall] ordinance must contain standards determining the amount, quality and location of land that is required to be dedicated which are based upon the number and type of dwelling units or structures, apartment houses or mobile home lots, or any combination thereof, included in each subdivision or development and give due consideration to the relative desirability and market value of the land that may be included within the area of any particular proposed subdivision or development.
2. The [regulations also may,] ordinance must, without limiting the general powers conferred in this chapter, include the following:
(a) Provisions for the creation, in accordance with the applicable master plan, of park districts or service areas which would serve neighborhoods or communities of interest within the city or county.
(b) A delegation of authority to designated departments or agencies of the city or county to select the location of the land areas to be dedicated for park and playground purposes. [If park districts or service areas have been created pursuant to paragraph (a), the] The land to be dedicated for park and playground purposes [shall] must be within the park district or service area created pursuant to paragraph (a) in which the subdivision, apartment house or mobile home lots are located.
(c) [Provisions requiring a subdivider or developer, in lieu of dedicating the sites, to pay to the city or county a sum of money equal to the value of the land that would otherwise be required to be dedicated for park and playground purposes, whenever the department or agency charged with administering the dedication provisions determines that it would not be in the public interest to accept the dedication in connection with a particular proposed subdivision or development. If this provision is included in the regulation, the standards to be applied in determining when it is not in the public interest to accept the dedication and the method of making payment shall be set forth. All money so received shall be held by the city or county, or a designated department or agency thereof, in a special account, and shall be used to acquire or develop or both acquire and develop park and playground sites for the benefit of the residents of the city or county. If park districts or service areas have been created pursuant to paragraph (a), the money in the special account shall be expended for the benefit of the residents of the property within the park district or service area from which the money is derived.
(d) Provisions establishing standards for the application and use of money subject to the limitations set forth in this section.
(e) Requirements that payment in lieu of dedication shall be a condition precedent to the approval of any subdivision or other plat building permit, or that payment may be deferred or made in installments following approval of a subdivision or other plat building permit application upon the subdividers or developers posting of a good and sufficient surety bond guaranteeing the payment.
κ1983 Statutes of Nevada, Page 1550 (CHAPTER 532, AB 151)κ
permit, or that payment may be deferred or made in installments following approval of a subdivision or other plat building permit application upon the subdividers or developers posting of a good and sufficient surety bond guaranteeing the payment.
(f) Provisions that payment in lieu of dedication may also be required of any person who proposes to construct a residential dwelling unit or units on a building site within property previously subdivided.] A provision limiting the amount of land required to be dedicated to an amount of land having a fair market value, determined by independent appraisal, which does not exceed the amount of any residential construction tax which would otherwise have been collected under NRS 278.4983.
(d) A provision for the transfer of title to the dedicated land upon the issuance of building permits and the construction of the first unit of the subdivision or development from which the land was dedicated.
The ordinance may also contain a provision allowing an increase in the number of dwelling units or structures, apartment houses or mobile home lots, or any combination of them, in the subdivision equal to the number which would otherwise have been allowed on the land dedicated for parks and playgrounds.
[2.] 3. If the land area dedicated by any subdivider or developer exceeds a proportionate contribution to the total parksite, taking into consideration the total residents of the subdivision or development and residents of nearby areas reasonably expected to benefit therefrom, the subdivider or developer making the dedication shall be compensated at fair market value for the excess value contributed.
[3.] 4. When 25 percent of the property is developed within the subdivision or development from which the land was dedicated, the local governing body or agency to which the dedicated land is conveyed shall provide for planning, public hearings and the adoption of a plan for development of the site, a schedule of that development and a plan for financing which includes operational and maintenance costs of the park or playground.
5. If a park or playground has not been developed on the land dedicated for that purpose within 3 years after the date on which 75 percent of the residential dwelling units authorized within [a particular] that subdivision or development [or, if created, a park district or service area] first become occupied [:
(a) A park or playground has not been developed on the land dedicated for that purpose, title to such land shall revert] , title to the land reverts to the owners of the lots in the subdivision at the time of the reversion on a pro rata basis.
[(b) A park or playground has not been developed within the park district or service area created to serve the neighborhood in which the subdivision or development is located, or, if no such park district or service area has been created, within the immediate neighborhood of such subdivision or development, all money paid by the subdivider or developer in lieu of dedication shall be refunded with interest to the owners of the lots in the subdivision at the time of the reversion on a pro rata basis and any surety bond posted in lieu of such payment shall be exonerated.]
κ1983 Statutes of Nevada, Page 1551 (CHAPTER 532, AB 151)κ
developer in lieu of dedication shall be refunded with interest to the owners of the lots in the subdivision at the time of the reversion on a pro rata basis and any surety bond posted in lieu of such payment shall be exonerated.]
Sec. 3. NRS 278.4983 is hereby amended to read as follows:
278.4983 1. The city council of any city or the board of county commissioners of any county which has adopted a master plan, as provided in this chapter, which includes, as a part of the plan, future or present sites for parks and playgrounds may impose a residential construction tax pursuant to this section.
2. The [tax shall be known as a] residential construction tax [and shall be] is imposed on the privilege of constructing apartment houses and residential dwelling units and development mobile home lots in the respective cities and counties. The rate of the tax must not exceed:
(a) In any county having a population of 250,000 or more, 1 percent of the valuation shown on the building permit for single-family residences.
(b) In any county having a population of less than 250,000, 2 percent of the valuation shown on the building permit for single-family residences.
3. The purpose of the tax is to raise revenue to enable the cities and counties to provide parks and playgrounds which are required by the residents of [such] those apartment houses, mobile homes and residences.
4. The city councils and the boards of county commissioners [shall have power and jurisdiction] may, in their respective cities and counties , [to] enact ordinances establishing the procedures for collecting the tax, setting [the rates for each type of apartment house, mobile home lot and residential dwelling unit] its rate, and determining the purposes for which the tax is to be used, subject to the restrictions [of subsection 5.] and standards provided in this chapter. The ordinance must, without limiting the general powers conferred in this chapter, include the following:
(a) Provisions for the creation, in accordance with the applicable master plan, of park districts or service areas which would serve neighborhoods or communities of interest within the city or county.
(b) A provision for collecting the tax at the time a building permit for the construction of any apartment houses, residential dwelling units or mobile home lots is issued.
5. All of the residential construction taxes collected pursuant to the provisions of this section and any ordinance enacted by a city council or board of county commissioners [shall] , and all interest accrued on the money, must be placed with the city treasurer or county treasurer in a special fund. [The fund shall] Except as provided in subsection 6, the fund may only be used for the acquisition, improvement and expansion of public park, playground and recreational facilities in the city or county. [Moneys] Money in the fund [shall] must be expended, insofar as it is practicable and feasible to do so, for the benefit of the immediate area from which they were collected.
κ1983 Statutes of Nevada, Page 1552 (CHAPTER 532, AB 151)κ
expended, insofar as it is practicable and feasible to do so, for the benefit of the immediate area from which they were collected.
6. If a park or playground has not been developed in the park district or service area created to serve the neighborhood in which the subdivision or development is located within 3 years after the date on which 75 percent of the residential dwelling units authorized within that subdivision or development first became occupied, all money paid by the subdivider or developer, together with interest at the rate at which the city or county has invested the money in the fund, must be refunded to the owners of the lots in the subdivision or development at the time of the reversion on a pro rata basis.
Sec. 4. NRS 278.4985 is hereby amended to read as follows:
278.4985 1. The city council of any city or the board of county commissioners of any county which has adopted a master plan as provided in this chapter which includes future or present sites for parks and playgrounds may require that:
[1.] (a) The developers of a planned unit development dedicate land [or make in-lieu payments in the manner] as provided by NRS 278.4979 to 279.4981, inclusive; or
[2.] (b) A residential construction tax be imposed on the privilege of constructing planned unit developments in the manner provided by NRS 278.4983,
if the ordinance defining and regulating planned unit developments in the particular city or county imposes open space requirements less than those required by the [regulations] ordinance adopted pursuant to NRS 278.4981.
2. If a requirement to dedicate land or pay a residential construction tax is imposed on the construction of a planned unit development, the planned unit development is eligible to receive a credit against the amount of land to be dedicated or the amount of the residential construction tax imposed, for the amount and value of the developed open space within the planned unit development.
________
Senate Bill No. 331Committee on Judiciary
CHAPTER 533
AN ACT relating to gaming; providing for a responsive pleading after a complaint is filed with the Nevada gaming commission; 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. (Deleted by amendment.)
Sec. 2. NRS 463.153 is hereby amended to read as follows:
κ1983 Statutes of Nevada, Page 1553 (CHAPTER 533, SB 331)κ
463.153 1. Within 30 days after service by mail or in person or 60 days from the time of the last publication, as provided in NRS 463.152, the person named may demand a hearing before the commission and show cause why he should have his name taken from such a list. Failure to demand such a hearing within the time allotted in this section [shall preclude such] precludes the person from having an administrative hearing, but [shall] in no way [affect] affects his right to petition for judicial review as provided in paragraph (b) of subsection 3.
2. Upon receipt of a demand for hearing, the commission shall set a time and place for the hearing, which [shall] must be held in the offices of the board at Carson City or Las Vegas, Nevada. Such a hearing [shall] must not be later than 30 days after receipt of the demand for [such a] the hearing, unless the time and place of the hearing are changed by agreement of the commission and the person demanding the hearing.
3. If, upon completion of the hearing, the commission determines that:
(a) The regulation does not or should not apply to the person so listed, the commission shall notify all persons licensed under NRS 463.220 of [such] its determination.
(b) Placing the person on the exclusion or ejection list was proper, the commission shall make and enter in its minutes an order to that effect. Such an order [shall be] is subject to review by any court of competent jurisdiction in accordance with the provisions of NRS 463.315 [.] and sections 19, 20 and 21 of this act.
Sec. 3. NRS 463.310 is hereby amended to read as follows:
463.310 1. The board shall make appropriate investigations:
(a) To determine whether there has been any violation of this chapter, chapter 464 or chapter 465 of NRS or any regulations adopted thereunder.
(b) To determine any facts, conditions, practices or matters which it may deem necessary or proper to aid in the enforcement of any such law or [rules and regulations.] regulation.
(c) To aid in adopting regulations.
(d) To secure information as a basis for recommending legislation relating to this chapter, chapter 464 or chapter 465 of NRS.
(e) As directed by the commission.
2. If, after any investigation the board is satisfied that a license, registration, finding of suitability, pari-mutuel license or prior approval by the commission of any transaction for which [such] the approval was required or permitted under the provisions of this chapter or chapter 464 of NRS should be limited, conditioned, suspended or revoked, it shall initiate a hearing before the commission by filing a complaint with the commission in accordance with NRS 463.312 and transmit therewith a summary of evidence in its possessions bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the board.
κ1983 Statutes of Nevada, Page 1554 (CHAPTER 533, SB 331)κ
the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the board.
3. Upon receipt of the complaint of the board, the commission shall review it and all matter presented in support thereof, and, if satisfied that probable grounds exist for disciplinary or other action, shall conduct further proceedings in accordance with [NRS 463.312.] sections 13 to 18, inclusive, of this act. If the commission is not satisfied that probable grounds exist for disciplinary or other action, it may order the complaint withdrawn without prejudice to the filing of another complaint after further investigation and reconsideration by the board.
4. After the provisions of subsections 1, 2 and 3 [above] have been complied with, the commission may:
(a) Limit, condition, suspend or revoke the license of any licensed gaming establishment or the individual license of any licensee without affecting the license of the establishment;
(b) Limit, condition, suspend or revoke any registration, finding of suitability, pari-mutuel license, or prior approval given or granted to any applicant by the commission;
(c) Order a licensed gaming establishment to keep an individual licensee from the premises of [such] the licensed gaming establishment or not to pay [such] the licensee any remuneration for services or any profits, income or accruals on his investment in [such] the licensed gaming establishment; and
(d) Fine each person or entity or both, who was licensed, registered or found suitable pursuant to this chapter or chapter 464 of NRS or who previously obtained approval for any act or transaction for which commission approval was required or permitted under the provisions of this chapter or chapter 464 of NRS, not more than $100,000 for each separate violation of the provisions of this chapter, chapter 464 or chapter 465 of NRS or of the regulations of the commission which is the subject of an initial complaint and not more than $250,000 for each separate violation of the provisions of this chapter, chapter 464 or chapter 465 of NRS or of the regulations of the commission which is the subject of any subsequent complaint.
All fines must be paid to the state treasurer for deposit in the state general fund.
5. For the second violation of any provisions of chapter 465 of NRS by any licensed gaming establishment or individual licensee, the commission shall revoke the license of the establishment or person.
6. If the commission limits, conditions, suspends or revokes any license or imposes a fine, or limits, conditions, suspends or revokes any registration, finding of suitability, pari-mutuel license or prior approval, it shall issue its written order therefor after causing to be prepared and filed its written decision upon which the order is based.
7. Any such limitation, condition, revocation, suspension or fine so made is effective until reversed upon judicial review, except that the commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.
κ1983 Statutes of Nevada, Page 1555 (CHAPTER 533, SB 331)κ
commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.
8. Judicial review of such order or decision of the commission may be had in accordance with NRS 463.315 [.] and sections 19, 20 and 21 of this act.
Sec. 4. NRS 463.312 is hereby amended to read as follows:
463.312 1. The complaint referred to in NRS 463.310 and 464.080 must be a written statement of charges which must set forth in ordinary and concise language the acts or omissions with which the respondent is charged. It must specify the statutes and regulations which the respondent is alleged to have violated, but must not consist merely of charges raised in the language of the statutes or regulations.
2. Upon the filing of the complaint, the commission shall serve a copy of the complaint upon the respondent either personally, or by registered or certified mail at his address on file with the commission.
3. [The commission shall include with the copy of the complaint served upon respondent three copies of a form entitled Notice of Defense which, when completed and signed by or on behalf of the respondent and returned to the commission, will acknowledge service of the complaint and constitute a Notice of Defense under subsection 5 hereof.
4. The notice of defense must read substantially as follows:
Notice of Defense
Instructions to Respondents: Two copies of this form should be filed with the Nevada gaming commission, Carson City, Nevada, within 15 days after service upon you of the enclosed complaint. The form must be signed by you or on your behalf. You will note that blanks are provided for any information you wish to supply.
Yes No
1. Do you request a hearing?.................................................... □ □
2. Do you admit the facts stated in the complaint?............... □ □
If you admit some of the facts stated in the complaint, but deny others, please specify:
(space for answer)
3. Are there any defenses or explanations which you believe the commission should consider?......................................... □ □
If so, please specify:
(space for answer)
4. Do you wish to state any legal objections to the complaints? □............................................................................................. □
If so, please specify:
(space for answer)
κ1983 Statutes of Nevada, Page 1556 (CHAPTER 533, SB 331)κ
Note: If you fail to file two copies of this form as specified, the commission may proceed upon the complaint without a hearing.
5. Within 15 days after the service upon him of the complaint, the respondent may file with the commission a notice of defense in which he may:
(a) Request a hearing;
(b) Admit the accusation in whole or in part;
(c) Present new matter or explanations by way of defense; and
(d) State any legal objections to the complaint.
Within the time specified, the respondent may file one or more notices of defense upon any or all of the above grounds, but all such notices must be filed within the time specified unless the commission authorizes the filing of a later notice.
6. The respondent is entitled to a hearing on the merits if he files a notice of defense within the time allowed by subsection 5, and the notice shall be deemed a specific denial of all parts of the complaint not expressly admitted. Failure to file a notice of defense within the time allowed by subsection 5 constitutes a waiver of respondents right to a hearing and to judicial review of any decision or order of the commission, but the commission may nevertheless order a hearing. All affirmative defenses must be specifically stated and unless objection is taken as provided in paragraph (d) of subsection 5, all objections to the form of the complaint shall be deemed waived.
7.] Except as provided in subsection 4, the respondent must answer within 20 days after the service of the complaint. In his answer the respondent:
(a) Must state in short and plain terms his defenses to each claim asserted.
(b) Must admit or deny the facts alleged in the complaint.
(c) Must state which allegations he is without knowledge or information to form a belief as to their truth. Such allegations shall be deemed denied.
(d) Must affirmatively set forth any matter which constitutes an avoidance or affirmative defense.
(e) May demand a hearing. Failure to demand a hearing constitutes a waiver of the right to a hearing and to judicial review of any decision or order of the commission, but the commission may order a hearing even if the respondent so waives his right.
4. Failure to answer or to appear at the hearing constitutes an admission by the respondent of all facts alleged in the complaint. The commission may take action based on such an admission and on other evidence without further notice to the respondent. If the commission takes action based on such an admission, it shall include in the record which evidence was the basis for the action.
κ1983 Statutes of Nevada, Page 1557 (CHAPTER 533, SB 331)κ
5. The commission shall determine the time and place of the hearing as soon as is reasonably practical after receiving the respondents [notice of defense.] answer. The commission shall deliver or send by registered or certified mail a notice of hearing to all parties at least 10 days [prior to] before the hearing. [Unless the respondent consents, the hearing must not be held before the expiration of the time within which the respondent is entitled to file a notice of defense.
8. The notice of hearing must be substantially in the following form, but may include other information:
You Are Hereby Notified that a hearing will be held before the Nevada gaming commission at (here insert place of hearing) on the ......... day of .............., 19......, at the hour of .............., upon the charges made in the complaint served upon you. You may be present at the hearing and may be, but need not be, represented by counsel. You may present any relevant evidence, and you will be given full opportunity to cross-examine all witnesses testifying against you. You are entitled to the issuance of subpenas to compel the attendance of witnesses and the production of books, documents, or other things by applying to the Nevada gaming commission.
9. Notwithstanding any other provisions of this section, the commission may issue an emergency order for suspension, limitation or conditioning of a license, registration, finding of suitability, pari-mutuel license or prior approval, or may issue an emergency order requiring a licensed gaming establishment to keep an individual licensee from the premises of such licensed gaming establishment or not to pay such licensee any remuneration for services or any profits, income or accruals on his investment in such licensed gaming establishment in the following manner:
(a) An emergency order may be issued only when the commission believes that:
(1) There has been a violation of subsection 2 of NRS 463.360 or NRS 465.083;
(2) Such action is necessary to prevent a violation of NRS 465.083;
(3) There has been a violation of subsection 1 of NRS 463.160; or
(4) Such action is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare.
(b) The emergency order must set forth the grounds upon which it is issued, including a statement of facts constituting the alleged emergency necessitating such action.
(c) An emergency order may be issued only with the approval of and upon signature by not less than three members of the commission.
(d) The emergency order is effective immediately upon issuance and service upon the licensee or resident agent of the licensee or, in cases involving registrations, findings of suitability, pari-mutuel licenses or any prior approval, upon issuance and service upon the person or entity involved or resident agent of the entity involved.
κ1983 Statutes of Nevada, Page 1558 (CHAPTER 533, SB 331)κ
any prior approval, upon issuance and service upon the person or entity involved or resident agent of the entity involved. The emergency order may suspend, limit, condition or take other action in relation to the license of one or more persons in an operation without affecting other individual licensees or the licensed gaming establishment. The emergency order remains effective until further order of the commission or final disposition of the case.
(e) Within 5 days after issuance of an emergency order, the commission shall cause a complaint to be filed and served upon the person or entity involved in accordance with the provisions of subsections 1 to 4, inclusive, of this section.
(f) Thereafter, the person or entity against whom the emergency order has been issued and served is entitled to a hearing before the commission in accordance with this section, and to judicial review of the decision and order of the commission thereon in accordance with NRS 463.315.
10. Prior to a hearing before the commission, and during a hearing upon reasonable cause shown, the commission shall issue subpenas and subpenas duces tecum at the request of a party. All witnesses appearing pursuant to subpena, other than parties, officers or employees of the State of Nevada or any political subdivision thereof, are entitled to receive fees and mileage in the same amounts and under the same circumstances as provided by law for witnesses in civil actions in the district courts. Witnesses entitled to fees or mileage who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day are entitled, in addition to witness fees and in lieu of mileage, to the per diem compensation for subsistence and transportation authorized by NRS 281.160 for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings. Fees, subsistence and transportation expenses must be paid by the party at whose request the witness is subpenaed. The commission may award as costs the amount of all such expenses to the prevailing party.
11. The testimony of any material witness residing within or without the State of Nevada may be taken by deposition in the manner provided by the Nevada Rules of Civil Procedure.
12. Affidavits may be received in evidence at any hearing of the commission in accordance with the following:
(a) The party wishing to use an affidavit must, not less than 10 days prior to the day set for hearing, serve upon the opposing party or counsel, either personally or by registered or certified mail, a copy of the affidavit which he proposes to introduce in evidence together with a notice as provided in paragraph (c).
(b) Unless the opposing party, within 7 days after such service, mails or delivers to the proponent a request to cross-examine the affiant, his right to cross-examine such affiant is waived and the affidavit, if introduced in evidence, must be given the same effect as if the affiant had testified orally.
κ1983 Statutes of Nevada, Page 1559 (CHAPTER 533, SB 331)κ
had testified orally. If an opportunity to cross-examine an affiant is not afforded after request therefor is made in accordance herewith, the affidavit may be introduced in evidence, but must be given only the same effect as other hearsay evidence.
(c) The notice referred to in paragraph (a) must be substantially in the following form:
The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing set for the ......... day of ................, 19....... (Here insert name of affiant) will not be called to testify orally and you will not be entitled to question him unless you notify the undersigned that you wish to cross-examine him. To be effective your request must be mailed or delivered to the undersigned on or before 7 days from the date this notice and the enclosed affidavit are served upon you.
(Party or Counsel)
(Address)
13. The following procedures apply at all hearings of the commission other than investigative hearings:
(a) At least three members of the commission shall be present at every hearing, and they shall exercise all powers relating to the conduct of the hearing and shall enforce all decisions with respect thereto.
(b) The proceedings at the hearing must be reported either stenographically or by a phonographic reporter.
(c) Oral evidence may be taken only upon oath or affirmation administered by the commission.
(d) Every party to a hearing has the right:
(1) To call and examine witnesses;
(2) To introduce exhibits relevant to the issues of the case, including the transcript of testimony at any investigative hearing conducted by or on behalf of the board or the commission;
(3) To cross-examine opposing witnesses on any matters relevant to the issues of the case, even though the matter was not covered in a direct examination;
(4) To impeach any witness regardless of which party first called him to testify; and
(5) To offer rebuttal evidence.
(e) If the respondent does not testify in his own behalf, he may be called and examined as if under cross-examination.
(f) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted and is sufficient in itself to support a finding if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action.
κ1983 Statutes of Nevada, Page 1560 (CHAPTER 533, SB 331)κ
law or statutory rule which might make improper the admission of such evidence over objection in a civil action.
(g) The parties or their counsel may by written stipulation agree that certain specified evidence may be admitted even though such evidence might otherwise be subject to objection.
14. The commission may take official notice of any generally accepted information or technical or scientific matter within the field of gaming, and of any other fact which may be judicially noticed by the courts of this state. The parties must be informed of any information, matters or facts so noticed, and must be given a reasonable opportunity, on request, to refute such information, matters or facts by evidence or by written or oral presentation of authorities, the manner of such refutation to be determined by the commission.
15. The commission may, before submission of the case for decision, permit the filing of amended or supplemental pleadings and shall notify all parties thereof, and provide a reasonable opportunity for objections thereto.
16. If any person in proceedings before the commission disobeys or resists any lawful order or refuses to respond to a subpena, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct during the hearing or so near the place thereof as to obstruct the proceeding, the commission may certify the facts to the district court in and for the county where the proceedings are held. The court shall thereupon issue an order directing the person to appear before the court and show cause why he should not be punished as for contempt. The court order and a copy of the statement of the commission shall be served on the person cited to appear. Thereafter the court has jurisdiction of the matter; and the same proceedings shall be had, the same penalties may be imposed and the person charged may purge himself of the contempt in the same way as in the case of a person who has committed a contempt in the trial of a civil action before a district court.
17. Failure of a respondent to file a notice of defense or to request or appear at the hearing constitutes an admission of all matters and facts contained in the complaint filed with respect to such respondent. In such cases the commission may take action based upon such admission or upon any other evidence, including affidavits, and without any further notices to the respondent. In such cases the commission shall prepare and file a record containing the evidence upon which its action was based.
18. After the hearing of a contested matter, the commission shall render a written decision on the merits which must contain findings of fact, a determination of the issues presented and the penalty to be imposed, if any; and shall thereafter make and enter its written order in conformity to such decision. No member of the commission who did not hear the evidence may vote on the decision. The affirmative votes of a majority of the whole commission are required to impose any penalty.
κ1983 Statutes of Nevada, Page 1561 (CHAPTER 533, SB 331)κ
penalty. Copies of the decision and order must be served on the parties personally or sent to them by registered or certified mail. The decision is effective upon such service, unless the commission orders otherwise.
19. The commission may, upon motion made within 10 days after service of a decision and order, order a rehearing before the commission upon such terms and conditions as it may deem just and proper if a petition for judicial review of the decision and order has not been filed. Such motion must not be granted except upon a showing that there is additional evidence which is material and necessary and reasonably calculated to change the decision of the commission, and that sufficient reason existed for failure to present such evidence at the hearing of the commission. The motion must be supported by an affidavit of the moving party or his counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced at the hearing. Upon rehearing, rebuttal evidence to the additional evidence must be permitted. After rehearing, the commission may modify its decision and order as the additional evidence may warrant.]
Sec. 5. NRS 463.315 is hereby amended to read as follows:
463.315 1. Any person aggrieved by a final decision or order of the commission made after hearing or rehearing by the commission pursuant to NRS 463.312 [,] and sections 13 to 18, inclusive, of this act, and whether or not a petition for rehearing was filed, may obtain a judicial review thereof in the district court of the county in which the petitioner resides or has his or its principal place of business.
2. The judicial review must be instituted by filing a petition within 20 days after the effective date of the final decision or order. A petition may not be filed while a petition for rehearing or a rehearing is pending before the commission. The petition must set forth the order or decision appealed from and the grounds or reasons why petitioner contends a reversal or modification should be ordered.
3. Copies of the petition must be served upon the commission and all other parties of record, or their counsel of record, either personally or by certified mail.
4. The court, [in its discretion,] upon a proper showing, may permit other interested persons to intervene as parties to the appeal or as friends of the court.
5. The filing of the petition does not stay enforcement of the decision or order of the commission, but the commission itself may grant a stay upon such terms and conditions as it deems proper.
6. [Upon written request of petitioner and upon payment of such reasonable costs and fees as the commission may prescribe, the complete record on review, or such parts thereof as are designated by the petitioner, must be prepared by the commission.
7. The complete record on review must include copies of:
(a) All pleadings in the case;
κ1983 Statutes of Nevada, Page 1562 (CHAPTER 533, SB 331)κ
(b) All notices and interim orders issued by the commission in connection with the case;
(c) All stipulations;
(d) The decision and order appealed from;
(e) A transcript of all testimony, evidence and proceedings at the hearing;
(f) The exhibits admitted or rejected; and
(g) Any other papers in the case.
The original of any document may be used in lieu of a copy thereof. The record on review may be shortened by stipulation of all parties to the review proceedings.
8. The record on review must be filed with the reviewing court within 30 days after service of the petition for review, but the court may allow the commission additional time to prepare and transmit the record on review.
9. The reviewing court may, upon motion therefor, order that additional evidence in the case be taken by the commission upon such terms and conditions as the court may deem just and proper. The motion must not be granted except upon a showing that the additional evidence is material and necessary and that sufficient reason existed for failure to present the evidence at the hearing of the commission. The motion must be supported by an affidavit of the moving party or his counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced in the administrative hearing. Rebuttal evidence to the additional evidence must be permitted. In cases in which additional evidence is presented to the commission, the commission may modify its decisions and orders as the additional evidence may warrant and shall file with the reviewing court a transcript of the additional evidence together with any modifications of the decision and order, all of which become a part of the record on review.
10. The review must be conducted by the court sitting without a jury, and must not be a trial de novo but is confined to the record on review.
11. The reviewing court may affirm the decision and order of the commission, or it may remand the case for further proceedings or reverse the decision if the substantial rights of the petitioner have been prejudiced because the decision is:
(a) In violation of constitutional provisions; or
(b) In excess of the statutory authority or jurisdiction of the commission; or
(c) Made upon unlawful procedure; or
(d) Unsupported by any evidence; or
(e) Arbitrary or capricious or otherwise not in accordance with law.
12. Any party aggrieved by the final decision in the district court after a review of the commission decision and order may appeal to the supreme court in the manner and within the time provided by law for appeals in civil cases.
κ1983 Statutes of Nevada, Page 1563 (CHAPTER 533, SB 331)κ
supreme court in the manner and within the time provided by law for appeals in civil cases. The supreme court shall follow the same procedure thereafter as in appeals in civil actions, and may affirm, reverse or modify the decision as the record and law shall warrant.
13. The judicial review by the district and supreme courts afforded in this chapter is the exclusive method of review of commission actions, decisions and orders, and precludes the use of any of the extraordinary common law writs or other equitable proceedings.
14.] If judicial review is sought in any case in which a supervisor has been appointed pursuant to NRS 463B.010 to 463B.280, inclusive, the district court shall give priority to that review over other civil actions.
Sec. 6. NRS 463.335 is hereby amended to read as follows:
463.335 1. The legislature finds that, to protect and promote the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.0129, it is necessary that the board:
(a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees in the State of Nevada; and
(b) Maintain confidential records of such information.
2. No person may be employed as a gaming employee unless he is the holder of:
(a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are performed and the provisions of this chapter; or
(b) A work permit issued by the board, if a work permit is not required by either the county or the city.
A work permit issued to a gaming employee must have clearly imprinted thereon a statement that it is valid for gaming purposes only.
3. Whenever any person applies for the issuance or renewal of a work permit, the county or city officer or employee to whom the application is made shall within 24 hours mail or deliver a copy thereof to the board, and may at the discretion of the county or city licensing authority issue a temporary work permit. If within 90 days after receipt by the board of the copy of the application, the board has not notified the county or city licensing authority of any objection, the authority may issue, renew or deny a work permit to the applicant. Any holder of a work permit must obtain renewal of the permit from the issuing agency within 10 days following any change of his place of employment.
4. If the board, within the 90-day period, notifies:
(a) The county or city licensing authority; and
(b) The applicant,
that the board objects to the granting of a work permit to the applicant, the authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued.
κ1983 Statutes of Nevada, Page 1564 (CHAPTER 533, SB 331)κ
have issued. The notice of objection by the board which is sent to the applicant must include a statement of the facts upon which the board relied in making its objection.
5. Application for a work permit, valid wherever a work permit is not required by any county or city licensing authority, may be made to the board, and may be granted or denied for any cause deemed reasonable by the board. Whenever the board denies such an application, it shall include in its notice of the denial a statement of the facts upon which it relied in denying the application.
6. Any person whose application for a work permit has been denied because of an objection by the board or whose application has been denied by the board may, not later than 60 days after receiving notice of the denial or objection, apply to the board for a hearing. A failure to apply for a hearing within 60 days shall be deemed to be an admission that the denial or objection is well founded and precludes administrative or judicial review. At the hearing, the board or any designated member of the board or an examiner appointed by the board shall take any testimony deemed necessary. After the hearing the board shall review the testimony taken and any other evidence, and shall within 30 days after the date of the hearing announce its decision sustaining or reversing the denial of the work permit or the objection to issuance of a work permit. The board may object to issuance of a work permit or may refuse to issue a work permit for any cause deemed reasonable by the board. The board may object or refuse if the applicant has:
(a) Failed to disclose, misstated or otherwise attempted to mislead the board with respect to any material fact contained in the application for the issuance or renewal of a work permit;
(b) Knowingly failed to comply with the provisions of this chapter or chapters 463B, 464 or 465 of NRS or the regulations of the commission at a place of previous employment;
(c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny against his employer or any gaming licensee, or any violation of any law pertaining to gaming, or any other crime which is inimical to the declared policy of this state concerning gaming;
(d) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;
(e) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or
(f) Had a work permit revoked or committed any act which is a ground for the revocation of a work permit or would have been a ground for revoking his work permit if he had then held a work permit.
7. Any applicant aggrieved by the decision of the board may, within 15 days after the announcement of the decision, apply in writing to the commission for review of the decision.
κ1983 Statutes of Nevada, Page 1565 (CHAPTER 533, SB 331)κ
to the commission for review of the decision. Review is limited to the record of the proceedings before the board. The commission may sustain or reverse the boards decision. The decision of the commission is subject to judicial review pursuant to NRS 463.315 [.] and sections 19, 20 and 21 of this act.
8. All records acquired or compiled by the board or commission relating to any application made pursuant to this section and all lists of persons to whom work permits have been issued or denied and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and must not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. Any record of the board or commission which shows that the applicant has been convicted of a crime in another state must show whether the crime was a misdemeanor, gross misdemeanor, felony or other class of crime as classified by the state in which the crime was committed. In a disclosure of the conviction, reference to the classification of the crime must be based on the classification in the state where it was committed.
9. A work permit expires unless renewed within 10 days after a change of place of employment or if the holder thereof is not employed as a gaming employee within the jurisdiction of the issuing authority for more than 90 days.
Sec. 7. NRS 463.336 is hereby amended to read as follows:
463.336 1. The commission may issue an emergency order suspending a persons work permit upon a finding that the suspension is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare. The order becomes effective when served upon the permit holder.
2. The emergency order must state the facts upon which the finding of necessity for the suspension is based. For purposes of this section, the emergency order shall be deemed a complaint.
3. The person whose work permit is summarily suspended:
(a) Has a right to a hearing on the order. The commission shall schedule a hearing within 5 days after receipt of the persons notice of defense.
(b) Must file a notice of defense within 30 days after the effective date of the emergency order. Failure to timely file this notice waives his right to a hearing before the commission and to judicial review of the final decision.
4. All affirmative defenses must be specifically stated in the notice of defense and unless an objection is stated to the form or manner of the order, all objections to the form of the complaint shall be deemed waived.
5. Except as otherwise provided in this section, the procedures for a disciplinary action in NRS 463.312 and sections 13 to 18, inclusive, of this act, must be followed.
κ1983 Statutes of Nevada, Page 1566 (CHAPTER 533, SB 331)κ
Sec. 8. NRS 463.337 is hereby amended to read as follows:
463.337 1. If any gaming employee is convicted of any violation of this chapter or chapter 463B, 464 or 465 of NRS, or if in investigating an alleged violation of this chapter by any licensee the commission finds that a gaming employee employed by the licensee has been guilty of cheating, the commission shall after a hearing as provided in NRS 463.310 and 463.312 [:] and sections 13 to 18, inclusive, of this act:
(a) If the gaming employee holds a work permit issued by the board, revoke it.
(b) If the gaming employee holds a work permit issued by a county or city licensing authority, notify such authority to revoke it, and the county or city licensing authority shall revoke it.
2. The commission may revoke a work permit issued by the board or, if issued by a county or city licensing authority, notify the authority to revoke it, if the commission finds after a hearing as provided in NRS 463.310 and 463.312 and sections 13 to 18, inclusive, of this act, that the gaming employee has failed to disclose, misstated or otherwise misled the board in respect to any fact contained within any application for a work permit or, subsequent to being issued a work permit:
(a) Committed, attempted or conspired to do any of the acts prohibited by this chapter or chapter 463B, 464 or 465 of NRS;
(b) Knowingly possessed or permitted to remain in or upon any licensed premises any cards, dice, mechanical device or any other cheating device whatever, the use of which is prohibited by statute or ordinance;
(c) Concealed or refused to disclose any material fact in any investigation by the board;
(d) Committed, attempted or conspired to commit larceny or embezzlement against a gaming licensee or upon the premises of a licensed gaming establishment;
(e) Been convicted in any jurisdiction other than Nevada of any offense involving or relating to gambling;
(f) Accepted employment without prior commission approval in a position for which he could be required to be licensed under this chapter after having been denied a license for a reason involving personal unsuitability or after failing to apply for licensing when requested to do so by the commission;
(g) Been refused the issuance of any license, permit or approval to engage in or be involved with gaming or pari-mutuel wagering in any jurisdiction other than Nevada, or had any such license, permit or approval revoked or suspended;
(h) Been prohibited under color of governmental authority from being present upon the premises of any gaming establishment or any establishment where pari-mutuel wagering is conducted for any reason relating to improper gambling activities or any illegal act;
(i) Contumaciously defied any legislative investigative committee or other officially constituted bodies acting on behalf of the United States or any state, county or municipality which seeks to investigate crimes relating to gaming, corruption of public officials, or any organized criminal activities; or
κ1983 Statutes of Nevada, Page 1567 (CHAPTER 533, SB 331)κ
or any state, county or municipality which seeks to investigate crimes relating to gaming, corruption of public officials, or any organized criminal activities; or
(j) Been convicted of any felony or gross misdemeanor, other than one constituting a violation of this chapter or chapter 463B, 464 or 465 of NRS.
3. A work permit must not be issued by any authority in this state to a person whose work permit has previously been revoked pursuant to this section, or to whom the issuance or renewal of a work permit has been denied, except with the unanimous approval of the commission members.
4. A gaming employee whose work card has been revoked pursuant to this section is entitled to judicial review of the commissions action in the manner prescribed by NRS 463.315 [.] and sections 19, 20 and 21 of this act.
5. Nothing in this section limits or prohibits the enforcement of NRS 463.165, 463.560, 463.595, 463.637 or 463.645.
Sec. 9. NRS 463.343 is hereby amended to read as follows:
463.343 1. The board or commission or any applicant, licensee, person found suitable, holding company, intermediary company or publicly traded corporation which is registered with the commission may obtain a judicial determination of any question of construction or validity arising under this chapter or any regulation of the commission by bringing an action for a declaratory judgment in the First judicial District Court of the State of Nevada in and for Carson City, or in the district court of the district in which the plaintiff resides or does business, in accordance with the provisions of chapter 30 of NRS.
2. When an action is brought by a person other than the board or commission, the commission must be made a party to the action and the attorney general must be served with a copy of the complaint and is entitled to appear in the action.
3. Statutes and regulations reviewed pursuant to this section must be construed in a manner consistent with the declared policy of the state.
4. The filing of a complaint for judicial determination under this section does not stay enforcement of any commission or board action. The board or commission may grant a stay upon appropriate terms.
5. In any proceeding brought under this section, the district court shall not grant any injunctive relief or relief based upon any other extraordinary common law writ to:
(a) Any applicant for licensing, finding of suitability or registration;
(b) Any person who has been ordered by the board or commission to submit his application for licensing, finding of suitability or registration;
(c) Any person seeking judicial review of an action of the commission which is subject to the provisions of NRS 463.315 [;] and sections 19, 20 and 21 of this act; or
κ1983 Statutes of Nevada, Page 1568 (CHAPTER 533, SB 331)κ
(d) Any person who is adversely affected by the appointment of a supervisor pursuant to chapter 463B of NRS.
Sec. 10. NRS 464.080 is hereby amended to read as follows:
464.080 1. All licenses granted under this chapter are subject to suspension or revocation by the Nevada gaming commission in any case where the Nevada gaming commission has reason to believe that any condition of its license has not been complied with or that any law or regulation of the Nevada gaming commission has been broken or violated.
2. No license [shall] may be revoked or suspended until after a hearing had by the Nevada gaming commission. Such a hearing [shall] must be initiated by the filing of a complaint by the state gaming control board and [shall] must be conducted in accordance with the provisions of NRS 463.312 [.] and sections 13 to 18, inclusive, of this act.
3. The action of the Nevada gaming commission in revoking or suspending a license issued under this chapter is subject to court review in accordance with the provisions of NRS 463.315 [.] and sections 19, 20 and 21 of this act.
Sec. 11. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 12 to 21, inclusive, of this act.
Sec. 12. The commission may issue an emergency order for suspension, limitation or conditioning of a license, registration, finding of suitability, pari-mutuel license or prior approval, or may issue an emergency order requiring a licensed gaming establishment to keep an individual licensee from the premises of the licensed gaming establishment or not to pay such licensee any remuneration for services or any profits, income or accruals on his investment in the licensed gaming establishment in the following manner:
1. An emergency order may be issued only when the commission believes that:
(a) There has been a violation of subsection 2 of NRS 463.360 or NRS 465.083;
(b) Such action is necessary to prevent a violation of NRS 465.083;
(c) There has been a violation of subsection 1 of NRS 463.160; or
(d) Such action is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare.
2. The emergency order must set forth the grounds upon which it is issued, including a statement of facts constituting the alleged emergency necessitating such action.
3. An emergency order may be issued only with the approval of and upon signature by not less than three members of the commission.
4. The emergency order is effective immediately upon issuance and service upon the licensee or resident agent of the licensee or, in cases involving registrations, findings of suitability, pari-mutuel licenses or any prior approval, upon issuance and service upon the person or entity involved or resident agent of the entity involved.
κ1983 Statutes of Nevada, Page 1569 (CHAPTER 533, SB 331)κ
entity involved or resident agent of the entity involved. The emergency order may suspend, limit, condition or take other action in relation to the license of one or more persons in an operation without affecting other individual licensees or the licensed gaming establishment. The emergency order remains effective until further order of the commission or final disposition of the case.
5. Within 5 days after issuance of an emergency order, the commission shall cause a complaint to be filed and served upon the person or entity involved in accordance with the provisions of NRS 463.312.
6. Thereafter, the person or entity against whom the emergency order has been issued and served is entitled to a hearing before the commission in accordance with NRS 463.312 and sections 13 to 18, inclusive, of this act, and to judicial review of the decision and order of the commission thereon in accordance with NRS 463.315 and sections 19, 20 and 21 of this act.
Sec. 13. 1. Prior to a hearing before the commission, and during a hearing upon reasonable cause shown, the commission shall issue subpenas and subpenas duces tecum at the request of a party. All witnesses appearing pursuant to subpena, other than parties, officers or employees of the State of Nevada or any political subdivision thereof, are entitled to receive fees and mileage in the same amounts and under the same circumstances as provided by law for witnesses in civil actions in the district courts. Witnesses entitled to fees or mileage who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day are entitled, in addition to witness fees and in lieu of mileage, to the per diem compensation for subsistence and transportation authorized by NRS 281.160 for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings. Fees, subsistence and transportation expenses must be paid by the party at whose request the witness is subpenaed. The commission may award as costs the amount of all such expenses to the prevailing party.
2. The testimony of any material witness residing within or without the State of Nevada may be taken by deposition in the manner provided by the Nevada Rules of Civil Procedure.
Sec. 14. 1. At all hearings before the commission other than investigative hearings:
(a) Oral evidence may be taken only upon oath or affirmation administered by the commission.
(b) Every party has the right to:
(1) Call and examine witnesses;
(2) Introduce exhibits relevant to the issues of the case, including the transcript of testimony at any investigative hearing conducted by or on behalf of the board or the commission;
(3) Cross-examine opposing witnesses on any matters relevant to the issues of the case, even though the matter was not covered in a direct examination;
κ1983 Statutes of Nevada, Page 1570 (CHAPTER 533, SB 331)κ
(4) Impeach any witness regardless of which party first called him to testify; and
(5) Offer rebuttal evidence.
(c) If the respondent does not testify in his own behalf, he may be called and examined as if under cross-examination.
(d) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted and is sufficient in itself to support a finding if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action.
(e) The parties or their counsel may by written stipulation agree that certain specified evidence may be admitted even though such evidence might otherwise be subject to objection.
2. The commission may take official notice of any generally accepted information or technical or scientific matter within the field of gaming, and of any other fact which may be judicially noticed by the courts of this state. The parties must be informed of any information, matters or facts so noticed, and must be given a reasonable opportunity, on request, to refute such information, matters or facts by evidence or by written or oral presentation of authorities, the manner of such refutation to be determined by the commission.
3. Affidavits may be received in evidence at any hearing of the commission in accordance with the following:
(a) The party wishing to use an affidavit must, not less than 10 days before the day set for hearing, serve upon the opposing party or counsel, either personally or by registered or certified mail, a copy of the affidavit which he proposes to introduce in evidence together with a notice as provided in paragraph (c).
(b) Unless the opposing party, within 7 days after such service, mails or delivers to the proponent a request to cross-examine the affiant, his right to cross-examine the affiant is waived and the affidavit, if introduced in evidence, must be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not afforded after request therefor is made in accordance with this paragraph, the affidavit may be introduced in evidence, but must be given only the same effect as other hearsay evidence.
(c) The notice referred to in paragraph (a) must be substantially in the following form:
The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing set for the ..... day of .........., 19...... (Here insert name of affiant) will not be called to testify orally and you will not be entitled to question him unless you notify the undersigned that you wish to cross-examine him.
κ1983 Statutes of Nevada, Page 1571 (CHAPTER 533, SB 331)κ
To be effective your request must be mailed or delivered to the undersigned on or before 7 days from the date this notice and the enclosed affidavit are served upon you.
.......................................................
(Party or Counsel)
.......................................................
(Address)
Sec. 15. The following procedures apply at all hearings of the commission other than investigation hearings:
1. At least three members of the commission shall be present at every hearing, and they shall exercise all powers relating to the conduct of the hearing and shall enforce all decisions with respect thereto.
2. The proceedings at the hearing must be reported either stenographically or by a phonographic reporter.
Sec. 16. The commission may, before submission of the case for decision, permit the filing of amended or supplemental pleadings and shall notify all parties thereof, and provide a reasonable opportunity for objections thereto.
Sec. 17. If any person in proceedings before the commission disobeys or resists any lawful order or refuses to respond to a subpena, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct during the hearing or so near the place thereof as to obstruct the proceeding, the commission may certify the facts to the district court in and for the county where the proceedings are held. The court shall thereupon issue an order directing the person to appear before the court and show cause why he should not be punished as for contempt. The court order and a copy of the statement of the commission must be served on the person cited to appear. Thereafter the court has jurisdiction of the matter, and the same proceedings must be had, the same penalties may be imposed and the person charged may purge himself of the contempt in the same way as in the case of a person who has committed a contempt in the trial of a civil action before a district court.
Sec. 18. 1. After the hearing of a contested matter, the commission shall render a written decision on the merits which must contain findings of fact, a determination of the issues presented and the penalty to be imposed, if any. The commission shall thereafter make and enter its written order in conformity to its decision. No member of the commission who did not hear the evidence may vote on the decision. The affirmative votes of a majority of the whole commission are required to impose any penalty. Copies of the decision and order must be served on the parties personally or sent to them by registered or certified mail. The decision is effective upon such service, unless the commission orders otherwise.
2. The commission may, upon motion made within 10 days after service of a decision and order, order a rehearing before the commission upon such terms and conditions as it may deem just and proper if a petition for judicial review of the decision and order has not been filed.
κ1983 Statutes of Nevada, Page 1572 (CHAPTER 533, SB 331)κ
service of a decision and order, order a rehearing before the commission upon such terms and conditions as it may deem just and proper if a petition for judicial review of the decision and order has not been filed. The motion must not be granted except upon a showing that there is additional evidence which is material and necessary and reasonably calculated to change the decision of the commission, and that sufficient reason existed for failure to present the evidence at the hearing of the commission. The motion must be supported by an affidavit of the moving party or his counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced at the hearing. Upon rehearing, rebuttal evidence to the additional evidence must be permitted. After rehearing, the commission may modify its decision and order as the additional evidence may warrant.
Sec. 19. 1. Upon written request of petitioner and upon payment of such reasonable costs and fees as the commission may prescribe, the complete record on review, or such parts thereof as are designated by the petitioner, must be prepared by the commission.
2. The complete record on review must include copies of:
(a) All pleadings in the case;
(b) All notices and interim orders issued by the commission in connection with the case;
(c) All stipulations;
(d) The decision and order appealed from;
(e) A transcript of all testimony, evidence and proceedings at the hearing;
(f) The exhibits admitted or rejected; and
(g) Any other papers in the case.
The original of any document may be used in lieu of a copy thereof. The record on review may be shortened by stipulation of all parties to the review proceedings.
3. The record on review must be filed with the reviewing court within 30 days after service of the petition for review, but the court may allow the commission additional time to prepare and transmit the record on review.
Sec. 20. 1. The reviewing court may, upon motion therefor, order that additional evidence in the case be taken by the commission upon such terms and conditions as the court may deem just and proper. The motion must not be granted except upon a showing that the additional evidence is material and necessary and that sufficient reason existed for failure to present the evidence at the hearing of the commission. The motion must be supported by an affidavit of the moving party or his counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced in the administrative hearing. Rebuttal evidence to the additional evidence must be permitted. In cases in which additional evidence is presented to the commission, the commission may modify its decisions and orders as the additional evidence may warrant and shall file with the reviewing court a transcript of the additional evidence together with any modifications of the decision and order, all of which become a part of the record on review.
κ1983 Statutes of Nevada, Page 1573 (CHAPTER 533, SB 331)κ
its decisions and orders as the additional evidence may warrant and shall file with the reviewing court a transcript of the additional evidence together with any modifications of the decision and order, all of which become a part of the record on review.
2. The review must be conducted by the court sitting without a jury, and must not be a trial de novo but is confined to the record on review.
3. The reviewing court may affirm the decision and order of the commission, or it may remand the case for further proceedings or reverse the decision if the substantial rights of the petitioner have been prejudiced because the decision is:
(a) In violation of constitutional provisions;
(b) In excess of the statutory authority or jurisdiction of the commission;
(c) Made upon unlawful procedure;
(d) Unsupported by any evidence; or
(e) Arbitrary or capricious or otherwise not in accordance with law.
Sec. 21. 1. Any party aggrieved by the final decision in the district court after a review of the decision and order of the commission may appeal to the supreme court in the manner and within the time provided by law for appeals in civil cases. The supreme court shall follow the same procedure thereafter as in appeals in civil actions, and may affirm, reverse or modify the decision as the record and law warrant.
2. The judicial review by the district and supreme courts afforded in this chapter is the exclusive method of review of the commissions
actions, decisions and orders, and precludes the use of any of the extraordinary common law writs or other equitable proceedings.
________
Senate Bill No. 197Committee on Government Affairs
CHAPTER 534
AN ACT relating to public works; raising the threshold for the definition of public works; 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 338.010 is hereby amended to read as follows:
338.010 As used in this chapter:
1. Day labor means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a workman or workmen employed by them on public works by the day and not under a contract in writing.
κ1983 Statutes of Nevada, Page 1574 (CHAPTER 534, SB 197)κ
2. Public body means the state, county, city, town, school district or any public agency of the state or its political subdivisions sponsoring or financing a public work.
3. Public work means any project for the new construction, repair or reconstruction of public buildings, public highways, public roads, public streets and alleys, public utilities paid for in whole or in part by public funds, publicly owned water mains and sewers, public parks and playgrounds, and all other publicly owned works and property whose cost as a whole exceeds [$4,000.] $20,000. Each separate unit which is a part of a project is included in the cost of the project for the purpose of determining whether a project meets this threshold.
4. Wages means:
(a) The basic hourly rate of pay; and
(b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs, or other bona fide fringe benefits which are a benefit to the workman.
[The obligation of a contractor or subcontractor to make such wage payments in accordance with the prevailing wage determination of the labor commissioner may be discharged by the making of payments in cash, or by making contributions to an established third person pursuant to a fund, plan or program in the name of the workman.]
5. Workman means a skilled mechanic, skilled workman, semiskilled mechanic, semiskilled workman or unskilled workman.
Sec. 2. Chapter 338 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The obligation of a contractor or subcontractor to pay wages in accordance with the determination of the labor commissioner may be discharged by the making of payments in cash, or by making contributions to a third person pursuant to a fund, plan or program in the name of the workman.
________
Assembly Bill No. 441Assemblyman Francis
CHAPTER 535
AN ACT relating to rented dwellings; increasing the time within which notice must be given for an increase of rent; 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 118A.300 is hereby amended to read as follows:
118A.300 The landlord may not increase the rent payable by a tenant unless it serves the tenant with a written notice, [30] 45 days or, in the case of any periodic tenancy of less than 1 month, [7] 15 days in advance of the first rental payment to be increased, advising him of the increase.
κ1983 Statutes of Nevada, Page 1575 (CHAPTER 535, AB 441)κ
in the case of any periodic tenancy of less than 1 month, [7] 15 days in advance of the first rental payment to be increased, advising him of the increase.
________
Senate Bill No. 415Senators Lamb, Jacobsen and Horn
CHAPTER 536
AN ACT relating to the conservation of energy; requiring the department of energy to limit the use of electric resistance in new buildings as a means of heating spaces; 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 523 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The departments standards for conservation of energy which govern the construction of buildings must include, for construction commencing on or after October 1, 1983, a prohibition against the installation of systems using electric resistance for heating spaces in the buildings except where:
(a) A system of heating spaces by electric resistance is merely supplementary to another means of heating;
(b) Under the particular circumstances no other primary means of heating the spaces is a feasible or economical alternative to heating by electric resistance; or
(c) The department determines that the present or future availability of other sources of energy is so limited as to justify the use of such a system.
2. The departments standards must not prohibit the use of incandescent or florescent lighting.
________
κ1983 Statutes of Nevada, Page 1576κ
Assembly Bill No. 195Committee on Ways and Means
CHAPTER 537
AN ACT making an appropriation to the division of water resources of the state department of conservation and natural resources to pay for certain costs of litigation and for consulting independent experts; 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. There is hereby appropriated from the state general fund to the division of water resources of the state department of conservation and natural resources the sum of $250,000 for the purpose of paying for certain costs of litigation involving water and for consulting independent experts on matters relating to water.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 460Senator Jacobsen
CHAPTER 538
AN ACT relating to the legislative building; specifying the responsibility of the administrative division of the legislative counsel bureau for security; 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 a new section which shall read as follows:
1. The administrative division shall preserve order and security on the grounds surrounding the legislative building and within the legislative building.
2. When the legislature is in session the administrative division shall assist the sergeant at arms of either house, upon request, in preserving order in the chambers and private lounges of the respective houses.
Sec. 2. NRS 218.610 is hereby amended to read as follows:
218.610 As used in NRS 218.610 to 218.890, inclusive, and section 1 of this act, state departments means all state offices, departments, boards, commissions, institutions, or agencies, and the state industrial insurance system.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 1577κ
Senate Bill No. 392Senator Jacobsen
CHAPTER 539
AN ACT relating to the state engineer; limiting fees for permits to appropriate water to generate power; 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 533.435 is hereby amended to read as follows:
533.435 1. The state engineer shall collect the following fees:
For examining and filing an application for a permit to appropriate water .................................................................................................................... $100.00
This fee includes the cost of publication, which is $25.
For examining and acting upon plans and specifications for construction of a dam, in addition to the actual costs of inspection........................................... 100.00
For examining and filing an application for each permit to change the point of diversion, manner of use, or place of use............................................ 40.00
This fee includes the cost of the permit and the publication of such an application, which is $25.
For issuing and recording each permit to appropriate water for any purpose, except for generating hydroelectric power which results in nonconsumptive use of the water or watering livestock, for each second-foot of water applied for or fraction thereof....................................................................................................... 100.00
For issuing and recording each permit to appropriate water for watering livestock, for each second-foot of water applied for or fraction thereof.......... 50.00
For issuing and recording each permit to appropriate water for generating hydroelectric power which results in nonconsumptive use of the water for each second-foot of water applied for or fraction thereof ....................... $100.00
This fee must not exceed $1,000.
For filing a secondary permit under a reservoir permit............................. 5.00
For approving and recording a permit under a reservoir permit ............ 5.00
For filing proof of completion of work........................................................ 10.00
For filing proof of beneficial use.................................................................. 10.00
For filing any protest..................................................................................... 10.00 For filing any application for extension of time within which to file proofs............................................................................ 25.00
κ1983 Statutes of Nevada, Page 1578 (CHAPTER 539, SB 392)κ
For filing any application for extension of time within which to file proofs .................................................................................................................... 25.00
For filing any assignment or water right deed, for each water right assigned, actual cost of the work up to............................................................................. 10.00
For filing any other instrument.................................................................... 1.00
For making copy of any document recorded or filed in his office, for the first 100 words......................................................................................................... 1.00
For each additional 100 words or fraction thereof....................... .20
Where the amount exceeds $5, then only the actual cost in excess of that amount may be charged.
For certifying to copies of documents, records or maps, for each certificate .................................................................................................................... 1.00
For each blueprint copy of any drawing or map, per square foot.......... .15
The minimum charge for a blueprint copy, per print.................... 1.00
2. When fees are not specified in subsection 1 for work required of his office, the state engineer shall collect the actual cost of the work.
3. Except as otherwise provided in this subsection, all fees collected by the state engineer under the provisions of this section must be deposited in the state treasury for credit to the general fund. All fees received for blueprint copies of any drawing or map must be kept by him and used only to pay the costs of printing and maintenance of printing equipment. Any publication fees received which are not used by him for publication expenses must be returned to the persons who paid the fees. If, after exercising due diligence, the sate engineer is unable to make the refunds, he shall deposit the fees in the state treasury for credit to the general fund. The state engineer may maintain, with the approval of the state board of examiners, a checking account in any bank qualified to handle state money to carry out the provisions of this subsection. The bank account must be secured by a depository bond satisfactory to the state board of examiners to the extent the account is not insured by the Federal Deposit Insurance Corporation.
________
κ1983 Statutes of Nevada, Page 1579κ
Assembly Bill No. 662Committee on Taxation
CHAPTER 540
AN ACT relating to the motor vehicle fuel tax; allowing a county and the incorporated cities in it to increase that tax by ordinances approved by the voters; basing the rate of that tax on the proportion of the population of the governmental entities in a county which are participating in the tax; apportioning the receipts of that tax according to the population of participating entities; requiring the receipts of the tax to be expended on the repair or restoration of existing paved streets; 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 365 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. 1. In addition to any other tax provided for in this chapter, there is hereby levied an excise tax on motor vehicle fuel of up to and including 1 cent per gallon, at a rate to be determined pursuant to the provisions of subsection 2.
2. The provisions of this section shall be deemed to be optional. A board of county commissioners, for the unincorporated areas of a county, and the governing bodies of the incorporated cities in the county, by ordinances regularly adopted and approved by the voters of the county or city as provided in section 3 of this act, may decide to participate in imposing and sharing the receipts of the tax provided for in this section. The rate of the tax in any county is that proportion of 1 cent, in hundredths of a cent, which the sum of the populations of the participating governmental entities in the county bears to the population of the entire county. In determining the rate of the tax, the population of each participating entity must be stated as a percentage of the population of the entire county, rounded to the nearest percentage point.
3. The ordinance adopted by a board of county commissioners or governing body of an incorporated city must be approved by the voters of the county or city at least 1 month before the tax is to become effective, and the tax may become effective and begin to be collected for that entity only on and after the next succeeding January 1 or July 1. A county or incorporated city and the voters thereof may withdraw from participation in imposing the tax by repealing such an ordinance pursuant to the same limitations on time for adoption and effectiveness. Upon approval by the voters of the adoption or repeal of such an ordinance, the county or incorporated city shall immediately notify the other eligible governmental entities in the county and the Nevada tax commission of its action.
4. The commission, during the month immediately preceding each January 1 and July 1 shall compute the rate of the tax authorized by this section for each county and shall declare the rate in a timely manner for collecting the tax.
κ1983 Statutes of Nevada, Page 1580 (CHAPTER 540, AB 662)κ
this section for each county and shall declare the rate in a timely manner for collecting the tax.
5. The tax must be accounted for by each dealer as to the county in which the motor vehicle fuel is sold to the retailer and be collected in the manner provided in this chapter. The tax must be paid to the department and delivered by the department to the state treasurer.
Sec. 3. An ordinance enacted pursuant to section 2 of this act:
1. Becomes effective when it is approved by a majority of the registered voters of the county or incorporated city voting upon a question which the governing body may submit to the voters at any election.
2. Must provide that the tax is imposed beginning on the next January 1 or July 1 following by at least 1 month the approval of the ordinance by the voters.
3. Must provide that the tax is imposed at the proportional rate described in section 2 of this act, that it is apportioned as described in section 4 of this act and that the proceeds of the tax may be used solely to repair or restore existing paved roads, streets and alleys within the city or unincorporated areas of the county, as appropriate.
4. Must provide that all amendments to chapter 365 of NRS which relate to the tax imposed pursuant to section 2 of this act and become effective after the date of approval of the ordinance by the voters, automatically become a part of that ordinance.
Sec. 4. 1. The receipts of the tax as levied in section 3 of this act must be allocated monthly by the department to the counties in which the tax payments originate.
2. Each county must apportion the receipts of that tax among the county, for unincorporated areas of the county, and each incorporated city in the county which has decided by ordinance to participate in imposing the tax. Each participating governmental entity is entitled to receive each month that proportion of those receipts which the total population of the entity bears to the total population of all the participating governmental entities in the county.
3. During the month immediately preceding each January 1 and July 1, the county treasurer of each county in which the tax is imposed shall, when necessary and after a hearing, adopt a regulation which provides for the accurate apportionment of those receipts in the county during the ensuing 6 months.
4. The money apportioned to a participating entity pursuant to subsection 2 must be used by that entity solely to repair or restore existing paved roads, streets and alleys, other than those maintained by the Federal Government and this state, by resurfacing, overlaying, resealing or other such customary methods.
Sec. 5. 1. Sections 2 to 4, inclusive, of this act shall become effective upon passage and approval for the purpose of adopting and approving the ordinances and regulations provided for in those sections.
κ1983 Statutes of Nevada, Page 1581 (CHAPTER 540, AB 662)κ
2. The remainder of this act shall become effective on July 1, 1983.
________
Senate Bill No. 93Senator Ashworth
CHAPTER 541
AN ACT relating to interest earned on deposits of state money; making technical changes to provisions crediting interest to individual funds and accounts; allowing the interest earned on money in the livestock inspection fund to be credited to the fund; requiring agencies to notify the state treasurer of deposits whose interest must be credited to the agency; 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 356.087 is hereby amended to read as follows:
356.087 1. Except as provided in subsections 2 [and 3,] to 4, inclusive, or in a specific statute, all interest paid on money belonging to this state must be deposited in the state general fund.
2. [At the end of each quarter of each fiscal year, the state treasurer shall:
(a) Compute the proportion of total deposits and investments of state money, excluding investments owned outright for the account of the state permanent school fund, pursuant to chapter 355 of NRS and this chapter, which were attributable during the quarter to:
(1) The state highway fund, the motor vehicle fund and the taxicab authority fund created by NRS 408.235, 482.180 and 706.8825, respectively; and
(2) The account in the state general fund to which money withheld under NRS 338.160 is deposited;
(b) Apply the proportions obtained in subparagraphs (1) and (2) of paragraph (a) separately to the total amount of interest paid during that quarter to the state treasurer on deposits of state money;
(c) Credit to the state highway fund and the taxicab authority fund an amount equal to the amount arrived at by the computation in paragraph (b), applying the proportion obtained in subparagraph (1) of paragraph (a); and
(d) Pay to each contractor from whom money was withheld under NRS 338.160 during the quarter an amount equal to his pro rata share of the amount arrived at by the computation in paragraph (b), applying the proportion obtained in subparagraph (2) of paragraph (a).
3. The proportionate shares of the interest earned and received by:
(a) The dairy commission fund;
(b) The legislators retirement fund;
κ1983 Statutes of Nevada, Page 1582 (CHAPTER 541, SB 93)κ
(c) The public employees retirement fund;
(d) The state permanent school fund;
(e) The silicosis and disabled pension fund;
(f) The offenders store fund, offenders employment fund and prisoners personal property fund;
(g) The wildlife account;
(h) The trust fund for the care of sites for the disposal of radioactive waste;
(i) The Colorado River resources fund, the Colorado River research and development fund, the Eldorado Valley development fund, the Fort Mohave Valley development fund and any other special revenue fund, capital projects construction fund, trust fund, enterprise fund or agency fund for which the Colorado River commission is responsible;
(j) The business enterprise contingent fund for the blind;
(k) Any gifts, grants or bequests to state agencies which by their terms require that any interest earned inure to the credit of the donee;
(l) The fund for industrial development in counties having a population of 25,000 or less, created by chapter 621, Statutes of Nevada 1979;
(m) The fund for workers compensation and safety;
(n) The uninsured employers claim fund;
(o) The subsequent injury fund; and
(p) Any fund for which this provision is made by specific statute,
must be accounted for as separate income and assets of those respective funds and the appropriate account.] Interest earned and received on any gift or bequest to an agency of the state must be credited to the agency unless the gift or bequest provides otherwise. An agency, when depositing a gift or bequest, shall notify the state treasurer whether it is a gift or bequest which entitles the agency to the interest earned.
3. For each fund or account which by specific statute is credited with the interest earned on money deposited in it, the state treasurer shall determine the proportionate share of interest and income earned by it and credit that amount to it.
4. At the end of each fiscal year, the state treasurer shall pay to each contractor from whom money was withheld pursuant to NRS 338.160 during the quarter an amount equal to his pro rata share of the interest on all money withheld pursuant to that section.
Sec. 2. NRS 209.225 is hereby amended to read as follows:
209.225 The director shall deposit the offenders store fund and the offenders employment fund with the state treasurer for investment. The interest and income earned upon these funds , after deducting any applicable charges, must be credited to the funds and may only be disbursed as authorized by the legislature.
Sec. 3. NRS 209.241 is hereby amended to read as follows:
209.241 1. The director may accept money and valuables belonging to offenders at the time of their incarceration or afterward received by gift, inheritance or the like, for safekeeping pending their releases, and shall deposit such money in the prisoners personal property fund, which is a trust fund.
κ1983 Statutes of Nevada, Page 1583 (CHAPTER 541, SB 93)κ
releases, and shall deposit such money in the prisoners personal property fund, which is a trust fund. He shall keep, or cause to be kept, a full and accurate account of such money and valuables, and shall submit reports to the board relating to such money and valuables as may be required from time to time.
2. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
Sec. 4. NRS 218.2375 is hereby amended to read as follows:
218.2375 1. The board shall establish a fund known as the legislators retirement fund.
2. All money paid as individual and employer contributions, all money appropriated by the legislature to the fund and all income accruing to the fund from all other sources must be deposited in the legislators retirement fund.
3. The interest and income earned on the money in the legislators retirement fund, after deducting applicable charges, must be credited to the fund.
4. The system shall pay all retirement allowances, benefits, optional settlements, refunds and other obligations or payments payable by the legislators retirement system pursuant to NRS 218.2371 to 218.2395, inclusive, from the legislators retirement fund.
Sec. 5. NRS 226.110 is hereby amended to read as follows:
226.110 The state treasurer shall:
1. Receive and keep all money of the state which is not expressly required by law to be received and kept by some other person.
2. Receipt to the state controller for all money received, from whatever source, [and] at the time of receiving it.
3. Establish the policies to be followed in the investment of money of the state, subject to the periodic review and approval or disapproval of those policies by the state board of finance.
4. Disburse the public money upon warrants drawn upon the treasury by the state controller, and not otherwise. The warrants must be registered, and paid in the order of their registry.
5. Keep a just, true and comprehensive account of all money received and disbursed.
6. Deliver in good order to his successor in office all money, records, books, papers and other things belonging to his office.
7. Fix, charge and collect reasonable fees for:
(a) Investing the money in [the funds and account described in subsection 3 of NRS 356.087;] any fund or account which is credited for interest earned on money deposited in it; and
(b) Special services rendered to other state agencies which increase the cost of operating his office.
Sec. 6. NRS 286.220 is hereby amended to read as follows:
286.220 1. The board shall establish a fund known as the public employees retirement fund.
2. It is hereby declared to be the policy of the legislature that the public employees retirement fund is a trust fund established to afford a degree of security to long-time public employees of the state and its political subdivisions.
κ1983 Statutes of Nevada, Page 1584 (CHAPTER 541, SB 93)κ
public employees retirement fund is a trust fund established to afford a degree of security to long-time public employees of the state and its political subdivisions. The [moneys] money in the fund [shall] must not be used or appropriated for any purpose incompatible with the policy of the public employees retirement system [policy,] , as expressed in NRS 286.015. The fund [shall] must be invested and administered to assure the highest return consistent with safety in accordance with accepted investment practices.
3. [Moneys] The interest and income earned on the money in the public employees retirement fund, after deducting any applicable charges, must be credited to the fund.
4. Money in the public employees retirement fund [shall] must be expended by the board for the purpose of paying:
(a) Service retirement allowances;
(b) Disability retirement allowances;
(c) Post-retirement allowances;
(d) Benefits for survivors;
(e) Authorized refunds to members and their beneficiaries;
(f) Amounts equivalent to disability retirement allowances to be used by employers for rehabilitation; and
(g) Allowances to beneficiaries,
and for the payment of expenses authorized by law to be paid from [such retirement] the fund.
[4.] 5. Contributions from members and from participating public employers to the public employees retirement fund [shall] must be deposited in a bank of reputable standing in the State of Nevada. Such deposits [shall] must be secured in a manner satisfactory to the board.
[5.] 6. All checks drawn upon the public employees retirement fund [shall] must be signed by two persons designated by the board.
Sec. 7. NRS 321.460 is hereby amended to read as follows:
321.460 1. There is hereby created in the state treasury, for use of the commission in carrying out the provisions of NRS 321.390 to 321.470, inclusive, a special revenue fund to be known as the Eldorado Valley development fund.
2. The interest and income earned on the money in the Eldorado Valley development fund, after deducting any applicable charges, must be credited to the fund.
3. None of the money in the fund may be used for any purpose other than to acquire the land described in NRS 321.410 and to carry out the provisions of NRS 321.450.
[3.] 4. Money in the Eldorado Valley development fund must be paid out on claims against the fund as other claims against the state are paid, after the claims have been approved by the commission.
Sec. 8. NRS 321.520 is hereby amended to read as follows:
321.520 1. For the use of the commission in carrying out the provisions of NRS 321.480 to 321.536, inclusive, the Fort Mohave Valley development fund is hereby created in the state treasury as a special revenue fund.
κ1983 Statutes of Nevada, Page 1585 (CHAPTER 541, SB 93)κ
provisions of NRS 321.480 to 321.536, inclusive, the Fort Mohave Valley development fund is hereby created in the state treasury as a special revenue fund.
2. The interest and income earned on the money in the Fort Mohave Valley development fund, after deducting any applicable charges, must be credited to the fund.
3. Money in the Fort Mohave Valley development fund must be paid out on claims against the fund as other claims against the state are paid, after the claims have been approved by the commission.
Sec. 9. NRS 408.235 is hereby amended to read as follows:
408.235 1. There is hereby created the state highway fund.
2. The proceeds from the imposition of any license, except a drivers license, or registration fee and other charges with respect to the operation of any motor vehicle upon any public highway, city, town or county road, street, alley or highway in this state and the proceeds from the imposition of any excise tax on gasoline or other motor vehicle fuel must be deposited in the state highway fund and must, except for costs of administering the collection thereof, be used exclusively for administration, construction, reconstruction, improvement and maintenance of highways as provided for in this chapter.
3. The interest and income earned on the money in the state highway fund, after deducting any applicable charges, must be credited to the fund.
4. Costs of administration for the collection of the proceeds for any license or registration fees and other charges with respect to the operation of any motor vehicle must be limited to a sum not to exceed 22 percent of the total proceeds so collected.
[4.] 5. Costs of administration for the collection of any excise tax on gasoline or other motor vehicle fuel must be limited to a sum not to exceed 1 percent of the total proceeds so collected.
[5.] 6. All bills and charges against the state highway fund for administration, construction, reconstruction, improvement and maintenance of highways under the provisions of this chapter must be certified by the director and must be presented to and examined by the state board of examiners. When allowed by the state board of examiners and upon being audited by the state controller, the state controller shall draw his warrant therefor upon the state treasurer.
Sec. 10. NRS 426.675 is hereby amended to read as follows:
426.675 1. The business enterprise contingent fund for the blind, a special revenue fund, is hereby created and [shall] must be managed by the chief.
2. Money received by the bureau under the provisions of NRS 426.670, except commissions assigned to licensed vending stand operators, [shall:] must:
(a) Be deposited in the business enterprise contingent fund for the blind.
κ1983 Statutes of Nevada, Page 1586 (CHAPTER 541, SB 93)κ
(b) Except as provided in subsection 4, remain in the fund and [shall] not revert to the state general fund.
(c) Be used for:
(1) Purchasing, maintaining or replacing vending stands or the equipment therein;
(2) Maintaining a stock of equipment, parts, accessories and merchandise used or planned for use in the vending stand program; and
(3) Such other purposes, consistent with NRS 426.640, as may be provided by regulation.
3. Purchases made pursuant to paragraph (c) of subsection 2 are exempt from the provisions of the State Purchasing Act at the discretion of the chief of the purchasing division of the department of general services or his designated representative, but the bureau shall:
(a) Maintain current inventory records of all equipment, parts, accessories and merchandise charged to the business enterprise contingent fund for the blind;
(b) Conduct a periodic physical count of all such equipment, parts, accessories and merchandise; and
(c) Reconcile the results of the periodic physical count with the inventory records and cash balance in the fund.
4. If the business enterprise contingent fund for the blind is dissolved, any money remaining therein [shall revert] reverts to the state general fund.
5. Money from any source which may be lawfully be used for the vending stand program may be transferred or deposited by the bureau to the business enterprise contingent fund for the blind.
6. The interest and income earned on the money in the business enterprise contingent fund for the blind, after deducting any applicable charges, must be credited to the fund.
Sec. 11. NRS 482.180 is hereby amended to read as follows:
482.180 1. The motor vehicle fund is hereby created as an agency fund. All money received or collected by the department must be deposited in the state treasury for credit to the motor vehicle fund.
2. The interest and income on the money in the motor vehicle fund, after deducting any applicable charges, must be credited to the state highway fund.
3. Any check accepted by the department in payment of vehicle privilege tax or any other fee required to be collected under this chapter must, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited, in the proper proportion.
[3.] 4. Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of the appropriation the department shall pay every item of expense.
κ1983 Statutes of Nevada, Page 1587 (CHAPTER 541, SB 93)κ
[4.] 5. The department shall certify monthly to the state board of examiners the amount of privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in subsection [5.] 6.
[5.] 6. The distribution of the privilege tax within a county must be made to local governments, as defined in NRS 354.474, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts, including the rate attributable to a districts debt service, is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978, but if the rate attributable to a districts debt service in any fiscal year is greater than its rate for the fiscal year beginning on July 1, 1978, the higher rate must be used to determine the amount attributable to debt service. Local governments, other than incorporated cities, are entitled to receive no distribution if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located. The department shall make distributions directly to counties, county school districts and incorporated cities or towns. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.
[6.] 7. Privilege taxes collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation must be distributed among the counties in the following percentages:
Carson City................... 1.07 percent Lincoln........................ 3.12 percent
Churchill........................ 5.21 percent Lyon............................ 2.90 percent
Clark............................... 22.54 percent Mineral....................... 2.40 percent
Douglas......................... 2.52 percent Nye.............................. 4.09 percent
Elko................................. 13.31 percent Pershing..................... 7.00 percent
Esmeralda...................... 2.52 percent Storey......................... .19 percent
Eureka............................ 3.10 percent Washoe...................... 12.24 percent
Humboldt....................... 8.25 percent White Pine................. 5.66 percent
Lander............................ 3.88 percent
The distributions must be allocated among local governments within the respective counties pursuant to the provisions of subsection [5.] 6.
[7.] 8. As commission to the state for collecting the privilege taxes on vehicles subject to the provisions of this chapter and chapter 706 of NRS the department shall retain 6 percent from counties having a population of 30,000 or more and 1 percent from counties having a population of less than 30,000.
κ1983 Statutes of Nevada, Page 1588 (CHAPTER 541, SB 93)κ
a population of 30,000 or more and 1 percent from counties having a population of less than 30,000.
[8.] 9. When the [foregoing] requirements of this section have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.
Sec. 12. NRS 501.356 is hereby amended to read as follows:
501.356 1. Money received by the department from:
(a) The sale of licenses;
(b) Fees pursuant to the provisions of NRS 488.075 and NRS 488.1793;
(c) Remittances from the state treasurer pursuant to the provisions of NRS 365.535;
(d) Appropriations made by the legislature; and
(e) All other sources,
must be deposited with the state treasurer for credit to the wildlife account in the state general fund.
2. The interest and income earned on the money in the wildlife account, after deducting any applicable charges, must be credited to the account.
3. The department may use money in the wildlife account only to carry out the provisions of this Title and chapter 488 of NRS and as provided in NRS 365.535, and the money must not be diverted to any other use.
Sec. 13. Chapter 538 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The interest and income earned on any money in a special revenue fund, fund for the construction of capital projects, trust fund, enterprise fund or agency fund for which the commission is responsible, after deducting any applicable charges, must be credited to the respective fund.
Sec. 14. NRS 538.041 is hereby amended to read as follows:
538.041 As used in NRS 538.041 to 538.251, inclusive [:] , and section 13 of this act:
1. Commission means the Colorado River commission.
2. Commissioner means a commissioner of the Colorado River commission.
3. Director means the director of the Colorado River commission.
Sec. 15. NRS 538.191 is hereby amended to read as follows:
538.191 1. Except as provided in subsections 2 and 3, all revenues derived from the sale, lease or use of water or power which become due [and owing] to the State of Nevada under any lease, contract or sale, or otherwise, of water or power obtained from the Colorado River power and water system, and from other sources, must be deposited with the state treasurer for credit to the Colorado River resources fund which is hereby created as a special revenue fund. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
κ1983 Statutes of Nevada, Page 1589 (CHAPTER 541, SB 93)κ
interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
2. There is hereby created the Colorado River research and development fund as a special revenue fund for the purpose of defraying the costs of engineering studies, analysis, negotiation and such other efforts as may, in the opinion of the commission, be necessary and proper for the protection of the interests of this state in the development and acquisition of sources of water and power along and related to the Colorado River and elsewhere. The charge for water and power included in any lease or contract executed after April 18, 1963, between the commission and water or power users must be sufficient in amount to maintain the Colorado River research and development fund in addition to defraying the cost to the commission of water and power delivered. When collected, these additional revenues must be deposited with the state treasurer for credit to the fund. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
3. There is hereby created the Colorado River power and water fund as a special revenue fund. All transactions not accounted for in the Colorado River resources fund and the Colorado River research and development fund involving the purpose and subsequent sale of power and water must be accounted for in this fund. All revenues received must be deposited with the state treasurer for credit to this fund. Any balance in this fund on June 30 of each fiscal year must be transferred to the Colorado River resources fund the following fiscal year. The interest and income earned on money in the fund, after deducting any applicable charges, must be credited to the fund.
4. Money in the funds provided for in this section must be paid out on claims as other claims against the state are paid, after the claims have been approved by the commission.
Sec. 16. (Deleted by amendment.)
Sec. 17. NRS 584.460 is hereby amended to read as follows:
584.460 1. There is hereby created in the state treasury a special revenue fund designated as the dairy commission fund. All money received by the commission pursuant to NRS 584.325 to 584.690, inclusive, must be paid into the fund and must be expended solely for the enforcement of NRS 584.176 to 584.179, inclusive, and 584.325 to 584.690, inclusive.
2. The interest and income earned on the money in the dairy commission fund, after deducting any applicable charges, must be credited to the fund.
Sec. 18. NRS 617.323 is hereby amended to read as follows:
617.323 1. There is hereby created in the state treasury the silicosis and disabled pension fund. The fund consists of money appropriated to the fund by the legislature and interest and income earned pursuant to [NRS 356.087.] subsection 2.
2. The interest and income earned on money in the silicosis and disabled pension fund, after deducting any applicable charges, must be credited to the fund.
κ1983 Statutes of Nevada, Page 1590 (CHAPTER 541, SB 93)κ
disabled pension fund, after deducting any applicable charges, must be credited to the fund.
3. The silicosis and disabled pension fund must be administered by the state treasurer. The money in the fund may be expended only for the purposes set forth in NRS 617.325 and none of the money in the fund may be expended for administrative purposes. The expenditures must be made on claims approved by the system and paid as other claims against the state are paid.
Sec. 19. NRS 706.8825 is hereby amended to read as follows:
706.8825 1. All fees collected pursuant to NRS 706.881 to 706.885, inclusive, must be deposited with the state treasurer to the credit of the taxicab authority fund, which is hereby created as a special revenue fund. The transactions for each county subject to those sections must be accounted for separately within the fund.
2. The interest and income earned on the money in the taxicab authority fund, after deducting any applicable charges, must be credited to the fund.
3. The revenues received pursuant to subsection 1 of NRS 706.8826 are hereby appropriated for the purpose of defraying the cost of regulating taxicabs in the county or the city, respectively, making the deposit under that subsection.
[3.] 4. The fees received pursuant to NRS 706.8827, 706.8841, 706.8848 to 706.885, inclusive, and to subsection 3 of NRS 706.8826 are hereby appropriated for the purpose of defraying the cost of regulating taxicabs in the county in which the certificate holder operates a taxicab business.
[4.] 5. Any balance remaining in the fund does not revert to the state general fund. Any balance over $100,000 remaining in the fund which is attributable to a county must be used to refund certificate holders of the county a pro rata portion of the $100 paid pursuant to NRS 706.8826, not to exceed $95. If after refunding the maximum amount allowed a balance over $100,000 still remains, the administrator may use that balance and any interest earned on the fund, within the limits of legislative authorization for each fiscal year, to subsidize transportation for the elderly in taxicabs.
[5.] 6. The administrator may establish a petty cash account not to exceed $1,000 for the support of undercover investigation and if the account is created the administrator shall reimburse the account from the taxicab authority fund in the same manner as other claims against the state are paid.
Sec. 20. Section 11 of Senate Bill No. 112 of this session is hereby amended to read as follows:
Sec. 11. 1. This section, section 10 and subsection 2 of section 9 of this act shall become effective upon passage and approval.
2. Section 8 of this act shall become effective at 12:01 a.m. on July 1, 1983.
κ1983 Statutes of Nevada, Page 1591 (CHAPTER 541, SB 93)κ
Sec. 21. 1. This section and section 20 of this act shall become effective upon passage and approval.
2. Sections 7, 8, 12, 16 and 19 of this act shall become effective at 12:01 a.m. on July 1, 1983.
3. Section 1 of this act shall become effective at 12:02 a.m. on July 1, 1983.
________
Assembly Bill No. 517Assemblymen Bogaert, Nevin, Stone, Price and Joerg
CHAPTER 542
AN ACT relating to contractors on public works projects; deferring payment of small amounts of interest due on money withheld by public body; specifying the time when an amount withheld must be paid to a subcontractor; 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 338.160 is hereby amended to read as follows:
338.160 1. Except as provided in subsection 5, a public body and its officers or agents awarding a contract for the construction, alteration or repair of public works shall authorize partial payments of the amount due under the contract at the end of each calendar month, or as soon thereafter as practicable, to the contractor if the contractor is satisfactorily performing the contract. Not more than 90 percent of the calculated value of any work [shall] may be paid until 50 percent of the work required by the contract has been performed. Thereafter the public body may pay any of the remaining installments without retaining additional funds if, in the opinion of the public body, satisfactory progress is being made in the work.
2. Except as provided in this section, the public body shall retain the amount withheld under any such contract until the contract is satisfactorily completed and finally accepted. When a project is sufficiently completed to be placed into service, the public body shall reduce the retained percentage and retain only such sum as it may determine to be sufficient to complete the contract.
3. [The] Except as otherwise provided in this subsection, the public body shall pay to the contractor at the end of each quarter the interest earned on the amount withheld under the contract during the quarter. The rate of the interest to be paid must be the same as that earned during the quarter from the investment of money in the general fund of the public body. If the amount due to a contractor pursuant to this subsection for any quarter is less than $50, the public body may hold the interest until:
κ1983 Statutes of Nevada, Page 1592 (CHAPTER 542, AB 517)κ
(a) The end of a subsequent quarter after which the amount of interest due is $50 or more;
(b) The end of the fourth consecutive quarter for which no interest has been paid to the contractor; or
(c) The amount withheld under the contract is due pursuant to subsection 4,
whichever occurs first.
4. Except as provided in subsection 5, the amount withheld under any such contract is due [and payable] within a reasonable time following the filing of a notice of completion as provided in NRS 108.228 or upon other proper evidence of satisfactory completion of the contract.
5. If the labor commissioner has reason to believe that an employee has a valid and enforceable claim for wages against a contractor, he may require the public body to withhold from any payment due the contractor under this section and pay the labor commissioner instead, an amount equal to the amount claimed by the employee. This amount must be paid to the employee if the claim is resolved in his favor, otherwise it must be returned to the public body for payment to the contractor.
Sec. 2. NRS 338.170 is hereby amended to read as follows:
338.170 1. When a public body and a contractor enter into a contract for the construction, alteration or repair of public works, the contractor may withhold 10 percent from the amount of any partial payment under a subcontractor which is made before 50 percent of the work has been completed under the subcontractor. Thereafter the contractor shall pay any additional installments due under the subcontract without retaining any additional funds if, in the opinion of the contractor, satisfactory progress is being made in the work under the subcontract, and the payment must be equal to that paid by the public body to the contractor for the work performed by the subcontractor.
2. The contractor may retain the amount withheld under the subcontract until the subcontract is satisfactorily completed.
3. The amount withheld under the subcontract is due [and payable within a reasonable time following] within 15 days after the acceptance of the subcontract work by the contractor.
4. Whenever the contractor receives a payment of interest earned on the amount withheld from the contract, he shall within [a reasonable time] 15 days pay to each subcontractor that portion of the interest received from the state which is attributable to the amount of money withheld from the subcontractor.
Sec. 3. NRS 356.087 is hereby amended to read as follows:
356.087 [1. Except as provided in subsections 2 and 3, all] All interest paid on money belonging to this state must be deposited in the state general fund [.] except:
κ1983 Statutes of Nevada, Page 1593 (CHAPTER 542, AB 517)κ
1. The state treasurer shall pay the interest due to any contractor pursuant to NRS 338.160.
2. At the end of each quarter of each fiscal year, the state treasurer shall:
(a) Compute the proportion of total deposits and investments of state money, excluding investments owned outright for the account of the state permanent school fund, pursuant to chapter 355 of NRS and this chapter, which were attributable during the quarter to [:
(1) The] the state highway fund, the motor vehicle fund and the taxicab authority fund created by NRS 408.235, 482.180 and 706.8825, respectively; [and
(2) The account in the state general fund to which money withheld under NRS 338.160 is deposited;]
(b) Apply the proportions obtained in [subparagraphs (1) and (2) of] paragraph (a) separately to the total amount of interest paid during that quarter to the state treasurer on deposits of state money;
(c) Credit to the state highway fund and the taxicab authority fund an amount equal to the amount arrived at by the computation in paragraph (b), applying the proportion obtained in [subparagraph (1) of paragraph (a); and
(d) Pay to each contractor from whom money was withheld under NRS 338.160 during the quarter an amount equal to his pro rata share of the amount arrived at by the computation in paragraph (b), applying the proportion obtained in subparagraph (2) of] paragraph (a).
3. The proportionate shares of the interest earned and received by:
(a) The dairy commission fund;
(b) The legislators retirement fund;
(c) The public employees retirement fund;
(d) The state permanent school fund;
(e) The silicosis and disabled pension fund;
(f) The offenders store fund, offenders employment fund and prisoners personal property fund;
(g) The wildlife account;
(h) The trust fund for the care of sites for the disposal of radioactive waste;
(i) The Colorado River resources fund, the Colorado River research and development fund, the Eldorado Valley development fund, the Fort Mohave Valley development fund and any other special revenue fund, capital projects construction fund, trust fund, enterprise fund or agency fund for which the Colorado River commission is responsible;
(j) The business enterprise contingent fund for the blind;
(k) Any gifts, grants or bequests to state agencies which by their terms require that any interest earned inure to the credit of the donee;
(l) The fund for industrial development in counties having a population of 25,000 or less, created by chapter 621, Statutes of Nevada 1979;
(m) The fund for workers compensation and safety;
κ1983 Statutes of Nevada, Page 1594 (CHAPTER 542, AB 517)κ
(n) The uninsured employers claim fund;
(o) The subsequent injury fund; and
(p) Any fund for which this provision is made by specific statute,
must be accounted for as separate income and assets of those respective funds and the appropriate account.
Sec. 4. Section 11 of Senate Bill No. 112 is hereby amended to read as follows:
Sec. 11. 1. This section and subsection 2 of section 9 and section 10 of this act become effective upon passage and approval.
2. Section 8 of this act shall become effective at 12:01 a.m. on July 1, 1983.
Sec. 5. 1. This section and section 4 of this act shall become effective upon passage and approval.
2. Section 3 of this act shall become effective at 12:02 a.m. on July 1, 1983.
________
Assembly Bill No. 418Committee on Government Affairs
CHAPTER 543
AN ACT relating to the refunding of public securities; removing certain limitations in the issuance of refunding obligations by the state and its political subdivisions; 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 349.340 is hereby amended to read as follows:
349.340 1. No bonds may be refunded hereunder unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within 25 years from the date of issuance of the refunding bonds. Provision must be made for paying the securities within that period.
2. The maturity of any bond refunded may not be extended beyond 25 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor in any event in the case of any bonds constituting a debt in contravention of any state constitutional debt limitation, nor may any interest on any bond refunded be increased to any rate exceeding the limit provided in NRS 349.076; but any general obligation bonds funding or refunding any securities which constitute a debt and are subject to the limitations stated in the first paragraph of section 3 of article 9 of the constitution of this state, must mature within 20 years from the effective date of the act authorizing the issuance of the securities so funded or refunded thereby, or within 20 years from the date or earliest date of such securities, as the case may be, whichever limitation is shorter.
κ1983 Statutes of Nevada, Page 1595 (CHAPTER 543, AB 418)κ
within 20 years from the date or earliest date of such securities, as the case may be, whichever limitation is shorter.
3. The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds , [if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. Principal may also then be increased to that extent. In no event, however,] but in the case of any bonds constituting a debt [may] the principal of the bonds may not be increased to any amount in excess of any state debt limitation in the state constitution pertaining thereto.
4. The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.
Sec. 2. NRS 350.694 is hereby amended to read as follows:
350.694 1. No bonds may be refunded under this chapter unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within 25 years from the date of issuance of the refunding bonds. Provision must be made for paying the securities within that period . [of time.]
2. [No] The maturity of any bond refunded may not be extended [more than] beyond 25 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor may any interest on any bond refunded be increased to any rate which exceeds the limit provided in NRS 350.2011.
3. The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds , [if the aggregate principal and interest costs of the refunding bonds do not exceed those unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. Principal may also then be increased to that extent. In no event, however,] but in the case of any bonds constituting a debt [may] the principal of the bonds may not be increased to any amount in excess of any municipal debt limitation.
4. The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.
5. If at the time of the issuance of any issue of general obligation refunding bonds provision is not made for the redemption of all the outstanding bonds of the or each issue refunded, as the case may be, by the use of proceeds of the refunding bonds and any other money available for the redemption, the general obligation refunding bonds may mature but are not required to mature serially commencing not later than the [third] fifth year after their respective dates in accordance with subsection 2 of NRS 350.630.
κ1983 Statutes of Nevada, Page 1596 (CHAPTER 543, AB 418)κ
Sec. 3. NRS 396.874 is hereby amended to read as follows:
396.874 1. No bonds may be refunded hereunder unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within 25 years after the date of issuance of the refunding bonds. Provision must be made for paying the securities within that period.
2. The maturity of any bond refunded may not be extended beyond 25 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor may any interest thereon be increased to any rate which exceeds by more than 3 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted.
3. The principal amount of the refunding bonds may exceed , [the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. Principal may also then be increased to that extent.
4. The principal amount of the refunding bonds may also] be less than or be the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 625Committee on Government Affairs
CHAPTER 544
AN ACT relating to public administrators and guardians; authorizing the appointment of deputy public administrators; modifying certain administrative provisions concerning letters of administration and the release of information to public administrators; 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 253 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. A public administrator may appoint as many deputies as he deems necessary to perform fully the duties of his office. A deputy so appointed may perform all duties required of the public administrator and has the corresponding powers and responsibilities. Before entering upon the discharge of his duties each deputy must take and subscribe to the constitutional oath of office.
κ1983 Statutes of Nevada, Page 1597 (CHAPTER 544, AB 625)κ
2. Each appointment must be in writing and filed, with the oath of office of that deputy, in a book provided for that purpose in the office of the county recorder. Any revocation or resignation of an appointment must be filed in the same book.
3. The public administrator is responsible on his official bond for any official malfeasance or nonfeasance of his deputies. He may require a bond for the faithful performance of the official duties of his deputies.
Sec. 3. Before the issuance of the letters of administration for an estate, the public administrator may secure the property of a deceased person if he finds that:
1. There are no relatives of the deceased who are able to protect the property; and
2. Failure to do so could endanger the property.
Sec. 4. When necessary for the proper administration of a guardianship, a public guardian may retain an attorney to assist him, rotating this employment in successive guardianships among the attorneys practicing in the county who are qualified by experience and willing to serve. The attorneys fee must be paid from the assets of the ward.
Sec. 5. NRS 253.230 is hereby amended to read as follows:
253.230 1. [If] Except as otherwise provided in section 4 of this act, if a public guardian is appointed as an individual guardian the costs incurred in the appointment proceedings and the administrative costs of the guardians services are not chargeable against the income or the estate of the ward unless the court determines at any time that the ward is financially able to pay all or part of the costs.
2. The financial ability of the ward to pay such costs shall be measured according to his ability to compensate a private guardian. This ability depends upon:
(a) The nature, extent and liquidity of the wards assets;
(b) His disposable net income;
(c) The nature of the guardianship;
(d) The type, duration and complexity of the services required; and
(e) Any other foreseeable expenses.
Sec. 6. Chapter 239A of NRS is hereby amended by adding thereto a new section which shall read as follows:
Upon presentation of a death certificate or affidavit of death, a financial institution shall provide a public administrator with a statement which sets forth the identifying number and account balance of any accounts on which only the name of the deceased person appears.
Sec. 7. NRS 239A.070 is hereby amended to read as follows:
239A.070 Nothing in this chapter applies to any subpena issued pursuant to Title 14 of NRS or prohibits:
1. Dissemination of any financial information which is not identified with or identifiable as being derived from the financial records of a particular customer.
κ1983 Statutes of Nevada, Page 1598 (CHAPTER 544, AB 625)κ
2. The attorney general, district attorney, department of taxation, public administrator, sheriff or a police department from requesting of a financial institution, and the institution from responding to the request, as to whether a person has an account or accounts with that financial institution and, if so, any identifying numbers of the account or accounts.
3. A financial institution, in its discretion, from initiating contact with and thereafter communicating with and disclosing the financial records of a customer to appropriate governmental agencies concerning a suspected violation of any law.
4. Disclosure of the financial records of a customer incidental to a transaction in the normal course of business of the financial institution if the director, officer, employee or agent of the financial institution who makes or authorized the disclosure has no reasonable cause to believe that such records will be used by a governmental agency in connection with an investigation of the customer.
5. A financial institution from notifying a customer of the receipt of a subpena or a search warrant to obtain his financial records, except when ordered by a court to withhold such notification.
6. The examination by or disclosure to any governmental regulatory agency of financial records which relate solely to the exercise of its regulatory function if the agency is specifically authorized by law to examine, audit or require reports of financial records of financial institutions.
7. The disclosure to any governmental agency of any financial information or records whose disclosure to that particular agency is required by the tax laws of this state.
8. A governmental agency from obtaining a credit report or consumer credit report from anyone other than a financial institution.
________
Assembly Bill No. 596Committee on Government Affairs
CHAPTER 545
AN ACT relating to taxes on retail sales; authorizing certain counties to impose a tax to be used to promote tourism within the county; limiting the amount of the tax to one-quarter of 1 percent; 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 377A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
κ1983 Statutes of Nevada, Page 1599 (CHAPTER 545, AB 596)κ
Sec. 2. 1. The county treasurer shall deposit money received from the state controller pursuant to NRS 377A.050 for promotion of tourism in the county treasurer for credit to a fund to be known as the county fund for promotion of tourism.
2. The county fund for promotion of tourism must be accounted for as a separate fund and not as a part of any other fund.
Sec. 3. 1. In any county in which a tax for promotion of tourism has been imposed, the board shall by resolution create a county fair and recreation board pursuant to chapter 244A of NRS if one has not already been created under that chapter.
2. The county fair and recreation board shall appropriate money in the county fund for promotion of tourism to promote tourism in the county.
3. The county fair and recreation board may draw money out of the county fund for promotion of tourism only for the purpose of promoting tourism.
Sec. 4. NRS 377A.020 is hereby amended to read as follows:
377A.020 1. The board of county commissioners of any county may enact an ordinance imposing a tax for public mass transportation pursuant to NRS 377A.030. The board of county commissioners of any county whose population is less than 250,000 may enact an ordinance imposing a tax to promote tourism pursuant to NRS 377A.030. A board shall not impose both these taxes.
2. An ordinance enacted pursuant to this chapter becomes effective when it is approved by a majority of the registered voters of the county voting upon a question which the board may submit to the voters at any election.
3. Any ordinance enacted pursuant to this section must provide that the tax be imposed on the first day of the second calendar month following the approval of the ordinance by the voters.
Sec. 5. NRS 377A.030 is hereby amended to read as follows:
377A.030 Except as provided in NRS 377A.110, any ordinance enacted under this chapter must include provisions in substance as follows:
1. A provision imposing a tax upon retailers at the rate of not more than one-quarter of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in a county.
2. Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.
3. A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of the ordinance imposing the tax for public mass transportation or the tax to promote tourism in the county.
4. A provision that the county shall contract before the effective date of the ordinance with the department to perform all functions incident to the administration or operation of the tax in the county.
κ1983 Statutes of Nevada, Page 1600 (CHAPTER 545, AB 596)κ
Sec. 6. NRS 377A.040 is hereby amended to read as follows:
377A.040 Any ordinance amending the taxing ordinance must include a provision in substance that the county shall amend the contract made under subsection 4 of NRS 377A.030 by a contract made between the county and the state acting by and through the department before the effective date of the amendatory ordinance, unless the county determines with the written concurrence of the regional transportation commission or the county fair and recreation board that no such amendment of the contract is necessary or desirable.
Sec. 7. NRS 377A.070 is hereby amended to read as follows:
377A.070 1. The county treasurer shall deposit the money received from the state controller pursuant to NRS 377A.050 for public mass transportation in the county treasury for credit to a fund to be known as the public transit fund.
2. The money in the public transit fund may not be diverted to the regional street and highway fund of the county.
3. The public transit fund must be accounted for as a separate fund and not as a part of any other fund.
Sec. 8. NRS 377A.090 is hereby amended to read as follows:
377A.090 1. Money for the payment of the cost of establishing and maintaining a public transit system may be obtained by the issuance of revenue bonds and other revenue securities as provided in subsection 2 of this section, or, subject to any pledges, liens and other contractual limitations made under this chapter, may be obtained by direct distribution from the public transit fund, or may be obtained both by the issuance of such securities and by such direct distribution as the board may determine.
2. The board may, after the enactment of an ordinance imposing a tax for public mass transportation as authorized by NRS 377A.020, from time to time issue revenue bonds and other securities, which are not general obligations of the county or a charge on any real estate therein, but which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the tax for public mass transportation.
3. The ordinance authorizing the issuance of any bond or other revenue security must describe the purpose for which it is issued.
Sec. 9. NRS 377A.110 is hereby amended to read as follows:
377A.110 1. Subject to the provisions of subsection 2, the board shall gradually reduce the amount of tax imposed pursuant to this chapter for public mass transportation as revenue from the operation of the public transit system permits.
2. No such taxing ordinance may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair any outstanding bonds issued under this chapter, or other obligations incurred under this chapter, until all obligations, for which revenues from the ordinance have been pledged or otherwise made payable from such revenues pursuant to this chapter, have been discharged in full, but the board may at any time dissolve the regional transportation commission and provide that no further obligations be incurred thereafter.
κ1983 Statutes of Nevada, Page 1601 (CHAPTER 545, AB 596)κ
but the board may at any time dissolve the regional transportation commission and provide that no further obligations be incurred thereafter.
________
Assembly Bill No. 669Committee on Ways and Means
CHAPTER 546
AN ACT relating to the licensing of private investigators and polygraphic examiners; increasing fees for licenses and certain other fees; 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 648.070 is hereby amended to read as follows:
648.070 Every applicant for a license under this chapter shall file with the board a written application accompanied by a nonrefundable fee of $50 . [to cover costs of examination. The fee is not refundable.] The written application must be in accordance with the following provisions:
1. If the applicant is a natural person the application must be signed and verified by him.
2. If the applicant is a firm or partnership the application must be signed and verified by each natural person composing or intending to compose the firm or partnership.
3. If the applicant is a corporation:
(a) The application must be signed and verified by the president, the secretary and the treasurer thereof, and must specify:
(1) The name of the corporation.
(2) The date and place of its incorporation.
(3) The amount of the corporations outstanding paid-up capital stock.
(4) Whether [such] this stock was paid for in cash or property, and if in property, the nature and description of the property.
(5) The name of the person or persons affiliated with the corporation who possess the qualifications required for a license under this chapter.
(b) The application must be accompanied by a certified copy of the corporations certificate of incorporation together with a certification from the secretary of state that the corporation is in good standing and, if the corporation is a foreign corporation, a certification from the secretary of state that the corporation is qualified to do business in this state.
(c) The successor to every such officer shall, before entering upon the discharge of his duties, sign and verify a like statement, approved in like manner as this chapter prescribes for an individual signatory to an application.
κ1983 Statutes of Nevada, Page 1602 (CHAPTER 546, AB 669)κ
the discharge of his duties, sign and verify a like statement, approved in like manner as this chapter prescribes for an individual signatory to an application.
(d) In the event of the death, resignation or removal of such an officer, notice of that fact must forthwith be given in writing to the chairman of the board.
4. If the applicant fails to pass the examination required by NRS 648.100 he must not be reexamined until he has paid another fee of $50 to cover costs of reexamination.
5. If the applicant is applying for a license as a dog handler, the application must be accompanied by an additional fee of $25 to cover the cost of an examination in the field. If the applicant fails to pass the examination or cancels the examination within 48 hours before the time scheduled for it, he may not be reexamined in the field until he has paid an additional fee of $25.
The board may charge a fee of $10 for instructions for applying for a license.
Sec. 2. NRS 648.100 is hereby amended to read as follows:
648.100 1. The board shall require an applicant to take a written examination and may require an applicant to take an oral examination. [The board shall make such investigation of an applicant as it considers necessary. The applicant shall pay to the board, in addition to the application fee, a sum equivalent to the cost of investigation but not exceeding $500.
2. Examinations shall] Examinations must be given at least four times a year at such times and places as the board fixes by regulation.
2. The board shall conduct such investigation of an applicant as it considers necessary. An applicant shall deposit with the board at the time of making the application a fee of $500, which must be applied to the cost of conducting the investigation. The applicant is liable for the entire cost of the investigation up to a maximum cost of $750, and must pay the entire fee before taking an examination.
3. The board may refuse to grant a license if it determines that the applicant has:
(a) Committed any act which if committed by a licensee would be a ground for the suspension or revocation of a license under this chapter.
(b) Committed any act constituting dishonesty or fraud.
(c) A bad moral character, intemperate habits, or a bad reputation for truth, honesty and integrity.
(d) Been convicted of a felony or any crime involving moral turpitude or illegally using, carrying or possessing a dangerous weapon.
(e) Been refused a license under this chapter or had a license revoked.
(f) Been an officer, director, partner or manager of any firm, partnership, association or corporation which has been refused a license under this chapter or whose license has been revoked.
κ1983 Statutes of Nevada, Page 1603 (CHAPTER 546, AB 669)κ
(g) While unlicensed, performed any act for which a license is required by this chapter.
(h) Knowingly made any false statement in his application.
Sec. 3. NRS 648.120 is hereby amended to read as follows:
648.120 1. A license under this chapter may not be issued until the applicant pays to the board a license fee of [not more than $175.] $225.
2. The license fee must be paid annually and is due on July 1. The board may provide that the fee be reduced ratably for portions of the license period.
Sec. 4. Chapter 648A of NRS is hereby amended by adding thereto a new section which whall read as follows:
1. The board shall require an applicant to take a written examination and may require an applicant to take an oral examination. Examinations must be given at least four times a year at such times and places as the board fixes by regulation.
2. The board shall conduct such investigation of an applicant as it considers necessary. An applicant shall deposit with the board at the time of making the application a fee of $500, which must be applied to the cost of conducting the investigation. The applicant is liable for the entire cost of the investigation up to a maximum of $750, and must pay the entire fee before taking an examination.
Sec. 5. NRS 648A.120 is hereby amended to read as follows:
648A.120 1. Every applicant for a license under this chapter shall:
(a) File an application with the board in the manner prescribed by the board; and
(b) Pay in advance to the board the [application] fee specified by this chapter.
The board may charge a fee of $10 for instructions for applying for a license.
2. The board may hold hearings and conduct investigations into any matter related to the application and may take such further evidence and require such other documents or proof of qualifications as it deems proper.
Sec. 6. NRS 648A.130 is hereby amended to read as follows:
648A.130 1. An applicant for an interns license must:
(a) Be a citizen of the United States or legally entitled to remain and work within the United States;
(b) Not have been convicted of an offense which, if committed in this state, is a felony, or a crime involving moral turpitude;
(c) Have received a baccalaureate degree from an accredited college or university or have a high school diploma or its equivalent and at least 5 years of experience in investigating or polygraphic examination satisfactory to the board; and
κ1983 Statutes of Nevada, Page 1604 (CHAPTER 546, AB 669)κ
(d) Have satisfactorily completed a basic course of polygraphic instruction as required by the board.
2. An applicant for a polygraphic examiners license must possess all of the qualifications required in subsection 1, and:
(a) Have been actively involved in the conduct of polygraphic examinations for at least 3 years immediately preceding his application.
(b) Have successfully completed at least 250 polygraphic examinations, including at least 50 specific examinations, as opposed to screening examinations.
(c) Have successfully completed at least 50 polygraphic examinations, including at least 10 specific examinations, as opposed to screening examinations, during the year immediately preceding his application.
(d) Meet such additional reasonable requirements as the board may require, including an oral interview . [and a written examination.]
Sec. 7. NRS 648A.150 is hereby amended to read as follows:
648A.150 1. Each interns license issued by the board is valid for 3 years after it is issued.
2. Each polygraphic examiners license or certification of qualification for a polygraphic examiners license issued by the board is valid for [2 years] 1 year after it is issued, and may be renewed by the board, unless it has been suspended or revoked, upon:
(a) Application for renewal on forms provided by the board.
(b) Payment of the required renewal fee.
(c) The boards receiving evidence that the licensee or holder of the certificate continues to meet requirements for licensing under this chapter.
Sec. 8. NRS 648A.160 is hereby amended to read as follows:
648A.160 1. [The board may charge and collect only the following fees:
(a) Application fee.............................................................................................. $50
(b) Polygraphic examiners license fee............................................................. 125
(c) Interns license fee........................................................................................ 125
(d) License renewal fee....................................................................................... 125
2. The cost of the investigation, not to exceed $500, must be borne by the applicant.
3. No fee paid to the board may be refunded.
4.] A license must not be issued under this chapter until the applicant has paid the board a license fee of $225.
2. A license must not be renewed unless a renewal fee of $225 is paid by July 1 of each year.
3. Certification of qualification for a polygraphic examiners license will be furnished without a fee to employees of federal, state, county and municipal law enforcement and investigative agencies.
________
κ1983 Statutes of Nevada, Page 1605κ
Assembly Bill No. 136Committee on Commerce
CHAPTER 547
AN ACT relating to thrift companies; increasing the amount of the bond or letter of credit required for licensing; authorizing the investigation of companies affiliated with a licensee; changing the name and the amount of money in the fund required to be established upon beginning business; 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 677 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.6 of this act.
Sec. 1.3. If the director finds that a bond or letter of credit filed pursuant to NRS 677.170 is not sufficient to protect the interests of the public, he shall require the applicant to deposit an additional bond or letter of credit.
Sec. 1.6. The provisions of this chapter do not prohibit a licensee or a person owning an interest in a licensee from obtaining a license or owning an interest in a corporation licensed under chapter 659 or 673 of NRS.
Sec. 2. NRS 677.170 is hereby amended to read as follows:
677.170 1. At the time of filing an application for authorization to engage in business under this chapter, the applicant shall file with the director a bond or an irrevocable letter of credit in the sum of at least $1,000,000, upon which the applicant is the obligor.
2. If the applicant files a bond , it [shall] must be signed by one or more sureties approved by the director, whose liability as sureties need not exceed that amount in the aggregate.
3. If the applicant files an irrevocable letter of credit , it [shall] must be issued by a bank approved by the director and whose deposits are insured by the Federal Deposit Insurance Corporation.
4. A bond or letter of credit [shall] must be conditioned that the [obligor] applicant shall:
(a) Faithfully conform to and abide by the provisions of this chapter and all regulations adopted by the director under this chapter.
(b) Pay to the state and to any person all money that becomes due or owning to the state or to [such] that person from the [obligor] applicant under the provisions of this chapter.
5. The terms of the bond or letter of credit [shall] must be approved by the director.
6. A licensee which proposes to issue certificates shall file with the director a fidelity bond providing fidelity coverage on each officer, director and employee of at least $100,000. The fidelity bond may be either a bankers blanket bond or a finance companys blanket bond, but [shall] must be written by an insurer who has been approved by the director.
κ1983 Statutes of Nevada, Page 1606 (CHAPTER 547, AB 136)κ
Sec. 3. NRS 677.340 is hereby amended to read as follows:
677.340 1. No person doing business under the [authority of any] law of [this] :
(a) Any other state ; or [of the United States]
(b) The United States if the principal office of the business is not located in Nevada,
relating to banks, [savings banks, trust companies,] savings and loan associations [, credit unions] or persons licensed under chapter 675 of NRS is eligible to become a licensee under this chapter [, nor does this chapter] . This chapter does not apply to any business transacted by any such person under the authority of and as permitted by any such law. [A]
2. Except as provided in subsection 3, a subsidiary of a parent corporation [one] :
(a) One or more of whose other subsidiaries is engaged in any of the activities listed in [this] subsection 1; or
(b) Whose parent corporation is prohibited from obtaining a license under this chapter,
is not eligible to be licensed under this chapter. [This chapter does not apply to any bona fide pawnbroking business transacted under a pawnbrokers license.
2. Except to the extent that persons enumerated in subsection 1 are expressly so permitted by law, a person shall not engage in the business of lending in gross amounts of $3,500 or more, 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, in any manner other than that permitted by NRS 99.050 or this chapter, and without first having obtained a license from the director.
3. For the purpose of this section a loan shall be deemed to be in the gross amount of $3,500 or more if the total amount or value advanced to or on behalf of the borrower, after including all payments for interest, principal, expenses and charges of any nature taken substantially contemporaneously with the making of the loan is in a gross amount of $3,500 or more.]
3. Subsection 2 does not apply to a bank which is doing business under the law of the United States if its principal office is located in Nevada.
Sec. 4. NRS 677.440 is hereby amended to read as follows:
677.440 1. For the purpose of discovering violations of this chapter or of securing information lawfully required under this chapter, the director or his [duly] authorized representatives may at any time investigate the business and examine the books, accounts, papers and records used therein of:
(a) Any licensee;
κ1983 Statutes of Nevada, Page 1607 (CHAPTER 547, AB 136)κ
(b) Any other person engaged in the business described in this chapter, participating in [such] the business as a principal, agent, broker or otherwise; [and]
(c) Any person who the director has reasonable cause to believe is violating or is about to violate any provision of this chapter, whether or not [such] that person claims to be within the authority or beyond the scope of this chapter [.] ; and
(d) Any company which is a subsidiary of, affiliated with or owned or controlled by a licensee.
2. For the purpose of examination , the director or his [duly] authorized representatives [shall] have and must be given free access to the offices and places of business, files, safes and vaults of [such persons.] the persons listed in subsection 1.
Sec. 5. NRS 677.620 is hereby amended to read as follows:
677.620 1. A licensee shall not have outstanding at any time its thrift certificates, exclusive of those hypothecated with the licensee issuing them, in an aggregate sum in excess of 10 times the aggregate amount of its paid-up and unimpaired capital and unimpaired surplus.
2. If a licensee has operated under this chapter for 1 year or more and during its most recent fiscal year has been profitable, the director may increase the ratio of thrift certificates to [paid up] paid-up and unimpaired capital and unimpaired surplus prescribed in subsection 1 to not more than the greatest net worth to savings ratio permitted for any savings and loan association operating in this state. The director shall give his approval or denial of the application for an increased ratio to the licensee in writing with supporting reasons within 30 days [from] after the date of application by the licensee unless the director gives notice within the original 30-day period that he is extending the period for decision for a term not to exceed an additional 30 days. The director may, for reasonable cause, decrease the ratio permitted under this subsection at any time, but not below the ratio prescribed in subsection 1.
3. No licensee may have total borrowings, exclusive of thrift certificates, which exceed the larger of:
(a) Five times its capital and surplus; or
(b) The face amount of its total thrift certificates outstanding at the time a borrowing is made.
4. Each licensee shall establish a [thrift insurance guarantee fund] liquidity reserve immediately upon beginning business, as a special account with an initial balance of [$15,000.] $50,000. Money cannot be withdrawn from the [fund] reserve or the account put to any other use without the permission of the director. Money in the [fund] reserve may be invested only in obligations of the United States, this or any other state, or a bank or savings and loan association whose principal office is in this state and whose deposits are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.
κ1983 Statutes of Nevada, Page 1608 (CHAPTER 547, AB 136)κ
Insurance Corporation. At least annually, but no later than at the end of each fiscal year of the licensee , an amount equal to [three-tenths of] 1 percent of the licensees outstanding thrift certificates must be added to the [fund, until the fund] reserve until its balance reaches [$1,000,000.] 1.5 percent of the net outstanding thrift accounts. Interest earned on the principal of the [fund shall] reserve must not be withdrawn except as permitted for other money of the [fund,] reserve, but may be credited against the required addition.
Sec. 6. NRS 677.790 is hereby amended to read as follows:
677.790 A licensee may:
1. Make loans [in the amount of $3,500 or more] secured by, and purchase, sell or discount in any amount:
(a) Bona fide trust receipts;
(b) Secured choses in action;
(c) Chattel mortgages;
(d) Conditional sales contracts;
(e) Security agreements;
(f) Leases; [and]
(g) Lien contracts [.] ; and
(h) Deeds of trust.
2. Sell or negotiate thrift certificates either in certificate or passbook form. The certificates may provide for the payment of money at any time, except that passbook certificates [shall] must be payable on demand or within 30 days thereafter. The licensee may receive payments therefor in installments or otherwise, with or without an allowance of interest upon [such] the installments. The maximum rate of interest payable on thrift certificates [shall] must not be more than 2.5 percent above the highest rate of interest which may then lawfully be paid on comparable certificates of deposit by a bank or savings and loan association operating in this state.
3. Enter into leases and purchase equipment for those leases.
Sec. 7. 1. The amendatory provisions contained in section 3 of this act do not apply to any thrift company which is licensed pursuant to chapter 677 of NRS before the effective date of this act, or to any parent corporation of such a thrift company.
2. Any such thrift company may, with the permission of the director as required by NRS 677.370, assign its license to a bank or savings and loan association organized under the law of this state or any other state, or under the law of the United States if its principal office is located in this state.
Sec. 8. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 1609κ
Assembly Bill No. 448Assemblymen Dini and Getto
CHAPTER 548
AN ACT relating to mining claims; making various changes regarding recording and the applicable fees; 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 517.040 is hereby amended to read as follows:
517.040 1. Within 90 days [of] after the date of posting the location notice, the locator of a lode mining claim shall [perform the following:
1. In addition to defining the boundaries of the claim as set forth in subsection 1 of NRS 517.030, the locator of a mining claim shall] prepare two copies of a map of the claim [which shall be of] on a scale of not less than 500 feet to the inch, [and] which [shall set] sets forth the position of the claim boundary monuments in relation to each other and [establish] establishes numbers of the [claim] boundary monuments. Where the land has been surveyed by the United States, [such description shall] the description must be connected by courses and distances to an official corner of the public land survey. Where the land has not been surveyed by the United States or where such official corners cannot be found through the exercise of due diligence, [such description shall] the description must be tied by courses and distance to a claim location marker. The claim location marker [shall] must be constructed at some prominent point visible from at least one claim corner. The claim marker site [shall] must be chosen so that it will not be endangered by snow, rock or landslides, or other natural causes. Only one mineral claim marker is required of each contiguous group of claims. The claim marker [shall] must be constructed in one of the following ways:
(a) If constructed of rock, it [shall] must be 4 feet in diameter at its base and at least 4 feet in height, constructed upon bedrock wherever possible.
(b) A steel post or pipe at least 3 inches in diameter or thickness [shall] must be set in the ground. After setting, the top of the post [shall] must be 5 feet above the level of the terrain surrounding the base.
The description [shall] must also state the township and range, and where the lands are surveyed lands, the section in which the mineral marker and the mining claim is situated. The locator need not employ a professional surveyor or engineer, but each locator shall prepare a map which is in accordance with his abilities to map and properly set forth the boundaries and location of his claim.
2. [File] Within 90 days after the posting of the location notice, the locator shall file both copies of the map with the county recorder in the county in which the claim is located together with a filing fee of $15 for each claim [.
κ1983 Statutes of Nevada, Page 1610 (CHAPTER 548, AB 448)κ
the locator shall file both copies of the map with the county recorder in the county in which the claim is located together with a filing fee of $15 for each claim [. The entire filing fee shall be utilized by the county to establish] whose boundaries and location are set forth on the map.
3. Using the proceeds of these filing fees, the county:
(a) Shall establish and maintain a [county mining map that shall] map of the mining claims in the county that must accurately record the location of all mining claims filed after July 1, 1971 [, which shall be] ;
(b) Shall purchase and maintain the necessary equipment used in establishing, maintaining and duplicating the map; and
(c) May use any remaining money for any purpose determined by the county recorder.
The map is a public record as provided in chapter 239 of NRS.
4. The county recorder shall not refuse to accept a map submitted by [the] a locator unless he can affirmatively show that the map submitted does not accurately reflect the location of all the claims.
[3.] 5. The county recorder shall send one copy of the locators map and one copy of the location certificate to the county surveyor as soon as practicable after its receipt.
Sec. 2. NRS 517.050 is hereby amended to read as follows:
517.050 1. [Within 90 days of the date of posting the location notice upon the claim of the locator, he must record his claim with the county recorder of the county in which such claim is situated by duplicate location certificates, which must] When the locator files his map pursuant to NRS 517.040, he shall present to the county recorder for recording, together with the usual recording fees, duplicate location certificates which contain:
(a) The name of the lode or vein.
(b) The name of the locator or locators, together with the post office address of [such] the locator or locators.
(c) The date of the location.
(d) The number of linear feet claimed in length along the course of the vein each way from the point of discovery with the width on each side of the center of the vein, and the general course of the lode or vein as near as may be.
(e) A statement that the location work consisted of making the maps as provided in NRS 517.040.
(f) The location and description of each corner, with the markings thereon.
2. Any record of the location of a lode mining claim which [shall] does not contain all the requirements named in this section recorded on or after July 1, 1971, [shall be] is void, and every location of a mining claim recorded on or after July 1, 1971, [shall be] is absolutely void unless a certificate of location thereof substantially complying with the above requirements is recorded with the county recorder of the county in which the claim is located within 90 days after the date of location.
κ1983 Statutes of Nevada, Page 1611 (CHAPTER 548, AB 448)κ
recorder of the county in which the claim is located within 90 days after the date of location.
3. [Nothing contained in this section shall be construed to] This section does not invalidate a record of location of a lode mining claim or mining claim which was validly located and recorded [prior to] before July 1, 1971.
Sec. 3. NRS 517.110 is hereby amended to read as follows:
517.110 1. [Within 90 days after the posting of the notice of location of a placer claim, the locator shall have recorded by the county recorder of the county in which the claim is situated] When the locator files his maps pursuant to NRS 517.100, he shall present to the county recorder for recording, together with the usual recording fees, duplicate certificates which [shall] state:
(a) The name of the claim, designating it as a placer claim.
(b) The name of the locator or locators and the post office address of each.
(c) The date of location.
(d) The number of feet or acres claimed.
2. This certificate, or the record thereof, or a duly certified copy of the record [shall be] is prima facie evidence of the recitals therein.
3. If the certificate does not state all the facts required by this section to be stated, it [shall be] is void.
Sec. 4. NRS 517.140 is hereby amended to read as follows:
517.140 1. Within 30 days [from] after the date of his location, the locator of a mill site claim or location shall record his location with the county recorder of the county in which [such] the location is situated, by duplicate location certificates which must be similar in all respects to the one posted on the location. In addition to the certificates, the locator shall file two copies of a map not to exceed 3 feet by 4 beet and pay the filing [fee which complies] fees which comply with the requirements set forth in NRS 517.040 [.] and 517.050.
2. Any record of a mill site location which [shall] does not contain the name of the locator or locators, the name of the vein or lode claim or mine of which the locator is the proprietor, or the name of the quartz mill or reduction works of which the locator is the owner, the number of feet or acres claimed, and such description as [shall] will identify the claim with reasonable certainty [shall be] is void.
________
κ1983 Statutes of Nevada, Page 1612κ
Senate Bill No. 323Committee on Government Affairs
CHAPTER 549
AN ACT relating to the cooperative acquisition of unused water rights for municipal purposes; directing the use of the water thus made available; 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 legislature finds that:
1. In Washoe County, two large cities and several thickly populated areas not incorporated have been developed upon former farmland to which were appurtenant substantial water rights;
2. Many of these water rights have never been transferred to be put to use for a public supply of domestic water to these urban areas, and the public interest requires such a transfer; and
3. The result is a case not typical of the other counties of the state, to which a general law cannot be made applicable.
Sec. 2. The City of Reno with respect to its territory, the City of Sparks with respect to its territory, and Washoe County with respect to its unincorporated area shall each acquire by purchase or the exercise of its power of eminent domain the water rights appurtenant to land which is now receiving water and is within the area served by Sierra Pacific Power Company as the public supplier of water. The City of Reno, the City or Sparks, Washoe County and Sierra Pacific Power Company shall develop programs, which must be approved by the public service commission of Nevada before acquisition, whereby Sierra Pacific Power Company shall provide appropriate technical assistance in this acquisition and shall provide money needed for the acquisition. The county and each city shall contract with Sierra Pacific Power Company for the use of the acquired water rights which were appurtenant respectively to land within each city and the county within the unincorporated area to serve approved projects within those areas respectively.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1983 Statutes of Nevada, Page 1613κ
Assembly Bill No. 419Committee on Taxation
CHAPTER 550
AN ACT relating to governmental finance; providing for the regular assessment of real property as of July 1 and the entry of subsequently constructed improvements on the unsecured roll; fixing July 1 as the date of the lien for taxes on certain personal property; deferring the normal collection of tax on migratory property; providing information for the legislature concerning local government budgets; 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 361.260 is hereby amended to read as follows:
361.260 1. [Between January 1 and December 15 in each] Each year, the county assessor, except as otherwise required by a particular statute, shall ascertain by diligent inquiry and examination all real and secured personal property in his county as of July 1 which is subject to taxation, and also the names of all persons, corporations, associations, companies or firms owning the property. He shall then determine the taxable value of all such property and he shall then list and assess it to the person, firm, corporation, association or company owning it. He shall take the same action between May 1 and the following April 30, with respect to personal property which is to be placed on the unsecured tax roll. Any real property whose existence is ascertained after July 1 in each assessment year must be placed on the unsecured tax roll.
2. In arriving at the taxable value of all public utilities of an intracounty nature, the intangible or franchise element must be considered as an addition to the physical value and a portion of the taxable value.
3. In addition to the inquiry and examination required in subsection 1, for any property not physically reappraised in the current assessment year, the county assessor shall determine its assessed value for that year by applying to the assessed value derived from the last preceding physical appraisal or reappraisal a factor established by regulation of the Nevada tax commission which reasonably represents the change, if any, in the taxable value of the property or of similar property in the area since that appraisal or reappraisal and taking into account all applicable depreciation and obsolescence. The county assessor shall physically reappraise all property at least once every 5 years.
Sec. 2. NRS 361.340 is hereby amended to read as follows:
361.340 1. Except as provided in subsection 2, the board of equalization of each county consists of:
(a) Five members, only two of whom may be elected public officers, in counties having a population of 10,000 or more; and
κ1983 Statutes of Nevada, Page 1614 (CHAPTER 550, AB 419)κ
(b) Three members, only one of whom may be elected public officers, in counties having a population of less than 10,000.
2. The board of county commissioners may by resolution provide for an additional panel of like composition to be added to the board of equalization to serve for a designated fiscal year. If such an additional panel is added, it shall determine the valuation of residential real property and the other members of the board shall sit separately to determine the valuation of all other property subject to its jurisdiction.
3. A district attorney, county treasurer or county assessor or any of their deputies or employees may not be appointed to the county board of equalization.
4. The chairman of the board of county commissioners shall nominate persons to serve on the county board of equalization who are sufficiently experienced in business generally to be able to bring knowledge and sound judgment to the deliberations of the board or who are elected public officers. The nominees must be appointed upon a majority vote of the board of county commissioners. The chairman of the board of county commissioners shall designate one of the appointees to serve as chairman of the county board of equalization.
5. Except as otherwise provided in this subsection, the term of each member is 4 years and any vacancy must be filled by appointment for the unexpired term. The term of any elected public officer expires upon the expiration of the term of his elected office.
6. The county clerk or his designated deputy is the clerk of each panel of the county board of equalization.
7. Any member of the county board of equalization may be removed by the board of county commissioners if, in its opinion, the member is guilty of malfeasance in office or neglect of duty.
8. The members of the county board of equalization are entitled to receive per diem allowance and travel expenses as provided for state officers and employees. The board of county commissioners of any county may by resolution provide for compensation to members of the board of equalization in their county who are not elected public officers as they deem adequate for time actually spent on the work of the board of equalization. In no event may the rate of compensation established by a board of county commissioners exceed $40 per day.
9. A majority of the members of the county board of equalization constitutes a quorum, and a majority of the board determines the action of the board.
10. The county board of equalization of each county shall hold such number of meetings as may be necessary to care for the business of equalization presented to it. Every appeal to the county board of equalization must be filed not later than January 15. Each county board shall cause to be published, in a newspaper of general circulation published in that county, a schedule of dates, times and places of the board meetings at least 5 days before the first meeting. The county board of equalization shall conclude the business of equalization on or before February [27] 20 of each year.
κ1983 Statutes of Nevada, Page 1615 (CHAPTER 550, AB 419)κ
board of equalization shall conclude the business of equalization on or before February [27] 20 of each year. The state board of equalization may establish procedures for the county boards, including setting the period for hearing appeals and for setting aside time to allow the county board to review and make final determinations. The district attorney or his deputy shall be present at all meetings of the county board of equalization to explain the law and the boards authority.
11. The county assessor or his deputy shall attend all meetings of each panel of the county board of equalization.
Sec. 3. NRS 361.450 is hereby amended to read as follows:
361.450 1. Except as provided in subsection 3, every tax levied under the provisions of or authority of this chapter is a perpetual lien against the property assessed until the tax and any penalty charges and interest which may accrue thereon are paid.
2. [The] Except as provided in this subsection, the lien attaches on July 1 of the year for which the taxes are levied, upon all property then within the county. The lien attaches upon all [other] migratory property , as described in NRS 361.505, on the day it is moved into the county . [whether or not the owner has real estate within the county of sufficient value to pay the taxes on both his real and personal property.] If real and personal property are assessed against the same owner, a lien attaches upon such real property also for the tax levied upon the personal property within the county; and a lien for taxes on personal property also attaches upon real property assessed against the same owner in any other county of the state from the date on which a certified copy of any unpaid property assessment is filed for record with the county recorder in the county in which the real property is situated.
3. All liens for taxes levied under this chapter which have already attached to a mobile home expire on the date when the mobile home is sold, except the liens for personal property taxes due in the county in which the mobile home was situate at the time of sale, for any part of the 12 months immediately preceding the date of sale.
4. All special taxes levied for city, town, school, road or other purposes throughout the different counties of this state are a lien on the property so assessed, and must be assessed and collected by the same officer at the same time and in the same manner as the state and county taxes are assessed and collected.
Sec. 4. NRS 361.505 is hereby amended to read as follows:
361.505 1. As used in NRS 361.505 to 361.5605, inclusive, migratory property means any movable personal property which the county assessor expects will not remain in the county for a full fiscal year.
2. Each county assessor, when he assesses the migratory property of any person liable to taxation , [who does not own real estate within the county of sufficient value, in the county assessors judgment, to pay the taxes on both his real and personal property, shall proceed immediately to collect the taxes on the personal property so assessed, except as to mobile homes as provided in subsection 3 of NRS 361.483.
κ1983 Statutes of Nevada, Page 1616 (CHAPTER 550, AB 419)κ
immediately to collect the taxes on the personal property so assessed, except as to mobile homes as provided in subsection 3 of NRS 361.483.
2.] shall place it on the unsecured tax roll.
3. The county assessor shall prorate the tax on [personal] migratory property brought into or entering the state or county for the first time during the fiscal year by reducing the tax one-twelfth for each full month which has elapsed since the beginning of the fiscal year. Where such property is owned by a person who does own real estate in the county of sufficient value in the county assessors judgment to pay the taxes on both his real and personal property, the tax on the personal property for the fiscal year in which the property was moved into the state or county, prorated, may be collected all at once or by installments as permitted by NRS 361.483 for property assessed upon the real property tax roll. The tax on personal property first assessed in May or June may be added to the tax on that property for the ensuing fiscal year and collected concurrently with it.
3. The person who pays such taxes is not thereby deprived of his right to have the assessment equalized, and if, upon equalization, the value is reduced, the taxes paid must be refunded to that person from the county treasury, upon the order of the county or state board of equalization in proportion to the reduction of the value made.
Sec. 5. NRS 361.565 is hereby amended to read as follows:
361.565 1. Within 30 days after the 1st Monday in March of each year, in all cases where the tax is delinquent, the tax receiver of the county shall give notice in the manner and form provided in this section.
2. The notice must be published in the newspaper which publishes the list of taxpayers pursuant to NRS 361.300 at least once a week from the date thereof for 4 consecutive weeks. If there is no newspaper in the county, the notice must be posted in at least five conspicuous places within the county.
3. The cost of publication in each case must be charged to the delinquent taxpayer, and is not a charge against the state or county. The publication must be made at not more than legal rates.
4. When the delinquent property consists of unimproved real estate assessed at a sum not exceeding $25, the notice must be given by posting a copy of the notice in three conspicuous places within the county without publishing the notice in a newspaper.
5. The notice must state:
(a) The name of the owner, if known.
(b) The description of the property on which the taxes are a lien.
(c) The amount of the taxes due on the property and the penalties and costs as provided by law.
(d) That if the amount is not paid by the taxpayer or his successor in interest the tax receiver will, on the 1st Monday in May of the current year at [1:30] 5 p.m. of that day, issue to the county treasurer, as trustee for the state and county, a certificate authorizing him to hold the property, subject to redemption within 2 years after date thereof, by payment of the taxes and accruing taxes, penalties and costs, together with interest on the taxes at the rate of 10 percent per annum from date due until paid as provided by law and that redemption may be made in accordance with the provisions of chapter 21 of NRS in regard to real property sold under execution.
κ1983 Statutes of Nevada, Page 1617 (CHAPTER 550, AB 419)κ
the property, subject to redemption within 2 years after date thereof, by payment of the taxes and accruing taxes, penalties and costs, together with interest on the taxes at the rate of 10 percent per annum from date due until paid as provided by law and that redemption may be made in accordance with the provisions of chapter 21 of NRS in regard to real property sold under execution.
6. The notice must be mailed in the following manner:
(a) At the same time that the tax receiver first publishes the notice or posts the notice, as the case may be, he shall send a copy of the notice by first class mail, in the case of each respective property as taxed to:
(1) The owner or owners of the property;
(2) The person or persons listed as the taxpayer or taxpayers on the tax rolls, at their last known addresses, if the names and addresses are known; and
(3) Each holder of a recorded security interest if the holder has made a request in writing to the tax receiver for the notice, which identifies the secured property by the parcel number assigned to it in accordance with the provisions of NRS 361.189. Upon mailing the original notice of delinquency, the tax receiver shall issue his personal affidavit to the board of county commissioners affirming that due notice had been mailed in respect to each parcel. The affidavit must recite the number of letters mailed, the number of letters returned, and the number of letters finally determined to be undeliverable. Detailed records must be maintained by the tax receiver in support of his affidavit, in such content as the department may prescribe, until the period of redemption has expired.
(b) A second copy must be sent by certified mail, not less than 60 days before the expiration of the period of redemption as stated in the notice.
(c) The cost of each mailing must be charged to the delinquent taxpayer at the rate of $1 each.
Sec. 6. NRS 361A.140 is hereby amended to read as follows:
361A.140 1. On or before the first Monday in [June] October of each year, the Nevada tax commission shall:
(a) Define the classifications of agricultural real property.
(b) Determine the valuations for each classification on the basis provided in NRS 361.325.
(c) Prepare a bulletin listing all classifications and values thereof for the following assessment year.
2. The county assessors shall classify agricultural real property utilizing the definitions and applying the appropriate values published in the tax commissions bulletin.
Sec. 6.3. Chapter 354 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Whenever any document, supporting information or related schedule concerning the budget of a local government is filed with the department of taxation or the Nevada tax commission, the executive director shall immediately deliver a copy to the legislative counsel bureau.
κ1983 Statutes of Nevada, Page 1618 (CHAPTER 550, AB 419)κ
Sec. 6.6. NRS 354.470 is hereby amended to read as follows:
354.470 NRS 354.470 to 354.626, inclusive, and section 6.3 of this act may be cited as the Local Government Budget Act.
Sec. 7. Sections 4 and 5 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
Senate Bill No. 321Senator Blakemore
CHAPTER 551
AN ACT relating to the registration of motor vehicles; authorizing the county assessor to transfer specified duties to the department of motor vehicles under certain circumstances; requiring the registration of vehicles on the basis of anniversary rather than calendar year; 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 482.160 is hereby amended to read as follows:
482.160 1. The director may adopt and enforce such administrative regulations as may be necessary to carry out the provisions of this chapter.
2. The director may establish branch offices as provided in NRS 481.055, and may by contract appoint any person or public agency as an agent to assist in carrying out the duties of the department under this chapter. The director shall designate the county assessor of each county with a population of less than 30,000 as agent to assist in carrying out the duties of the department in that county. The county assessor may, under an agreement with the department made pursuant to this subsection, transfer his duties as agent to the department where the department has established a branch office, consisting of full-time employees, in his county.
3. The contract with each agent appointed by the department in connection with the registration of motor vehicles and issuance of license plates must provide for compensation based upon the reasonable value of the services of the agent but may not exceed $1 for each registration.
Sec. 2. NRS 482.206 is hereby amended to read as follows:
482.206 1. Except as provided in subsection [3,] 2, every [passenger car, travel trailer and motorcycle, and every trailer or semitrailer having an unladen weight of $3,500 pounds or less, except a converter dolly, must, and every motortruck] vehicle, except one which is registered pursuant to NRS 706.801 to 706.861, inclusive, [may] must be registered for a period of 12 consecutive months beginning the first day of the month after the first registration by the owner in this state.
κ1983 Statutes of Nevada, Page 1619 (CHAPTER 551, SB 321)κ
2. [Every vehicle not registered pursuant to subsection 1 must be registered on a calendar year basis.
3.] Upon the application of the owner of a fleet of vehicles , [of a type referred to in subsection 1,] the director may permit such an owner to register his fleet on the basis of a calendar year . [basis.
4.] 3. When the registration of any [of the vehicles referred to in subsection 1] vehicle is transferred pursuant to NRS 482.3667 or 482.399, the expiration date of a regular license plate or plates, special license plate or plates or substitute decal must, at the time of the transfer of registration, be advanced for a period of 12 consecutive months beginning the first day of the month after the transfer, and a credit on the portion of the registration fee and privilege tax attributable to the remainder of the current registration period allowed according to the applicable provisions of NRS 482.3667 and 482.399.
Sec. 3. NRS 482.260 is hereby amended to read as follows:
482.260 1. The department and its agents in registering a vehicle shall:
(a) Collect the fees for license plates and registration as provided for in this chapter.
(b) Collect the privilege tax on the vehicle, as agent for the county where the applicant intends to base the vehicle for the period of registration, unless the vehicle is deemed to have no base.
(c) [Collect any local school support tax and city-county relief tax due pursuant to section 2 of this act.] Collect the applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.
(d) Issue a certificate of registration, together with the regular license plate or plates.
2. Upon proof of ownership satisfactory to the director, he shall cause to be issued a certificate of ownership as provided in this chapter.
3. Every vehicle [referred to in subsection 1 of NRS 482.206] being registered for the first time in Nevada must be taxed for the proposes of the privilege tax for a 12-month period. [Every vehicle referred to in subsection 2 of NRS 482.206 being registered for the first time in Nevada must be taxed for the purposes of the privilege tax pro rata on a monthly basis upon the amount of time remaining in the current calendar year.]
4. The department shall deduct and withhold 2 percent of the taxes collected pursuant to paragraph (c) of subsection 1 and remit the remainder of the department of taxation.
Sec. 4. NRS 482.280 is hereby amended to read as follows:
482.280 1. The registration of every vehicle [referred to in subsection 1 of NRS 482.206] expires at midnight on the last day of the last month of the registration period. [The registration of very vehicle referred to in subsection 2 of NRS 482.206 expires at midnight on December 31.] The department shall mail to each holder of a valid registration certificate an application [form] for renewal registration for the following registration period.
κ1983 Statutes of Nevada, Page 1620 (CHAPTER 551, SB 321)κ
registration certificate an application [form] for renewal registration for the following registration period. The [forms] applications must be mailed by the department in sufficient time to allow all applicants to mail the applications to the department and to receive new registration certificates and license plates, stickers, tabs or other suitable devices by mail before the expiration of subsisting registrations. An applicant may [, if he chooses,] present the application to any agent or office of the department.
2. An application mailed or presented to the department or to a county assessor under the provisions of this section must include:
(a) A signed declaration by the applicant that he has and will maintain, during the period of registration, security as required by NRS 485.185 covering the motor vehicle to be registered.
(b) If security is provided by a contract of insurance, the insurer shall provide evidence of that insurance on a form approved by the commissioner of insurance, which identifies the vehicle and indicates, at the time of the application for registration, coverage which meets the requirements of NRS 485.185. The department may file that evidence, return it to the applicant or otherwise dispose of it.
(c) If required, evidence of compliance with standards for emission control . [compliance.]
3. The department shall insert in each application [form] mailed as required by subsection 1 [of this section] the amount of privilege tax to be collected for the county under the provisions of NRS 482.260.
4. An owner who has made proper application for renewal of registration [previous to] before the expiration of the current registration but who has not received the [number] license plate or plates or registration card for the ensuing registration period is entitled to operate or permit the operation of that vehicle upon the highways upon displaying thereon the [number] license plate or plates issued for the preceding registration period for such time as may be prescribed by the department as it may find necessary for the issuance of the new plate or plates or registration card.
5. The registration fees for a motortruck and truck tractor, and for any trailer or semitrailer having an unladened weight of 3,501 pounds or more must be reduced by one-twelfth for each calendar month which has elapsed from the beginning of each calendar year [, the fee so obtained,] and rounded to the nearest one-half dollar, but in no event to be less than $5.50.
Sec. 5. NRS 482.399 is hereby amended to read as follows:
482.399 1. Upon the transfer of the ownership of or interest in any motor vehicle by any holder of a valid registration, or upon destruction of the motor vehicle, the registration expires.
2. The holder of the original registration may transfer the registration to another vehicle to be registered by him and use the same license plate or plates thereon, if the license plate or plates are appropriate for the second motor vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and privilege tax on the motor vehicle to which the registration is transferred over the total registration fee and privilege tax paid on all motor vehicles from which he is transferring his ownership or interest.
κ1983 Statutes of Nevada, Page 1621 (CHAPTER 551, SB 321)κ
the second motor vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and privilege tax on the motor vehicle to which the registration is transferred over the total registration fee and privilege tax paid on all motor vehicles from which he is transferring his ownership or interest. Application for transfer of registration [shall] must be made in person, if practicable, to any office or agent of the department, and the license plate or plates [shall] may not be used upon a second vehicle until registration of [such] that vehicle is complete. In computing the privilege tax, the department or its agent shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle. If any person transfers his ownership or interest in two or more vehicles, the department shall credit the portion of the tax paid on all [such] of the vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred. The certificates of registration and unused license plates of the vehicles from which a person transfers his ownership or interest [shall] must be submitted before credit is given against the tax due on the vehicle to which the registration is transferred.
3. In computing the registration fee , [for vehicles referred to in subsection 1 of NRS 482.206,] the department or its agent shall credit the portion of the registration fee paid on each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred. If the amount owed on the registration fee or privilege tax on that vehicle is less than the credit on the total registration fee or privilege tax paid on all motor vehicles from which a person transfers his ownership or interest, no refund may be allowed.
4. If the license plate or plates are not appropriate for the second motor vehicle, the plate or plates [shall] must be surrendered to the department and an appropriate plate or plates [shall] must be issued. The department shall not reissue the surrendered plate or plates until the next succeeding licensing period.
5. If application for transfer of registration is not made with 60 days after the destruction [of] or transfer of ownership of or interest in any motor vehicle, the license plate or plates [shall] must be surrendered to the department on or before the 60th day for cancellation of the registration.
________
κ1983 Statutes of Nevada, Page 1622κ
Assembly Bill No. 416Committee on Government Affairs
CHAPTER 552
AN ACT relating to local government; limiting the subjects which are subject to mandatory bargaining; restricting the withdrawal by a local government of the recognition of an employee organization; permitting a factfinder to consider whether a party has bargained in bad faith; 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 288.150 is hereby amended to read as follows:
288.150 1. Except as provided in subsection 4, it is the duty of every local government employer to negotiate in good faith through a representative or representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate bargaining unit among its employees. If either party so requests, agreements reached shall be reduced to writing. Where any officer of a local government employer, other than a member of the governing body, is elected by the people and directs the work of any local government employee, such officer is the proper person to negotiate, directly or through a representative or representatives of his own choosing, in the first instance concerning any employee whose work is directed by him, but may refer to the governing body or its chosen representative or representatives any matter beyond the scope of his authority.
2. The scope of mandatory bargaining is limited to:
(a) Salary or wage rates or other forms of direct monetary compensation.
(b) Sick leave.
(c) Vacation leave.
(d) Holidays.
(e) Other paid or nonpaid leaves of absence.
(f) Insurance benefits.
(g) Total hours of work required of an employee on each work day or work week.
(h) Total number of days work required of an employee in a work year.
(i) Discharge and disciplinary procedures.
(j) Recognition clause.
(k) The method used to classify employees in the bargaining unit.
(l) Deduction of dues for the recognized employee organization.
(m) Protection of employees in the bargaining unit from discrimination because of participation in recognized employee organizations consistent with the provisions of this chapter.
κ1983 Statutes of Nevada, Page 1623 (CHAPTER 552, AB 416)κ
(n) No-strike provisions consistent with the provisions of this chapter.
(o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bargaining agreements.
(p) General savings clauses.
(q) Duration of collective bargaining agreements.
(r) Safety [.] of the employee.
(s) Teacher preparation time.
(t) Procedures for reduction in work force.
3. Those subject matters which are not within the scope of mandatory bargaining and which are reserved to the local government employer without negotiation include:
(a) The right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.
(b) The right to reduce in force or lay off any employee because of lack of work or lack of funds, subject to paragraph (t) of subsection 2.
(c) The right to determine:
(1) Appropriate staffing levels and work performance standards, except for safety considerations;
(2) The content of the workday, including without limitation workload factors, except for safety considerations;
(3) The quality and quantity of services to be offered to the public; and
(4) The means and methods of offering those services.
(d) Safety of the public.
4. Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. Such actions may include the suspension of any collective bargaining agreement for the duration of the emergency. Any action taken under the provisions of this subsection shall not be construed as a failure to negotiate in good faith.
5. The provisions of this chapter, including without limitation the provisions of this section, recognize and declare the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.
6. This section does not preclude, but this chapter does not require the local government employer to negotiate subject matters enumerated in subsection 3 which are outside the scope of mandatory bargaining. The local government employer shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate such matters.
κ1983 Statutes of Nevada, Page 1624 (CHAPTER 552, AB 416)κ
the scope of mandatory bargaining but it is not required to negotiate such matters.
7. Contract provisions presently existing in signed and ratified agreements as of May 15, 1975, at 12 p.m. shall remain negotiable.
Sec. 2. NRS 288.160 is hereby amended to read as follows:
288.160 1. An employee organization may apply to a local government employer for recognition by presenting:
(a) A copy of its constitution and bylaws, if any;
(b) A roster of its officers, if any, and representatives; and
(c) A pledge in writing not to strike against the local government employer under any circumstances.
A local government employer shall not recognize as representative of its employees any employee organization which has not adopted, in a manner valid under its own rules, the pledge required by paragraph (c).
2. If an employee organization, at or after the time of its application for recognition, presents a verified membership list showing that it represents a majority of the employees in a bargaining unit, and if the employee organization is recognized by the local government employer, it shall be the exclusive bargaining agent of the local government employees in that bargaining unit.
3. A local government employer may withdraw recognition from an employee organization which:
(a) Fails to present a copy of each change in its constitution or bylaws, if any, or to give notice of any change in the roster of its officers, if any, and representatives;
(b) Disavows its pledge not to strike against the local government employer under any circumstances;
(c) Ceases to be supported by a majority of the local government employees in the bargaining unit for which it is recognized; or
(d) Fails to negotiate in good faith with the local government employer , [.]
if it first receives the written permission of the board.
4. [If an employee organization is aggrieved by the refusal or withdrawal of recognition, or by the recognition or refusal to withdraw recognition of another employee organization, the aggrieved employee organization may appeal to the board.] If the board in good faith doubts whether any employee organization is supported by a majority of the local government employees in a particular bargaining unit, it may conduct an election by secret ballot upon the question. Subject to judicial review, the decision of the board is binding upon the local government employer and all employee organizations involved.
5. The parties may agree in writing, without appealing to the board, to hold a representative election to determine whether an employee organization represents the majority of the local government employees in a bargaining unit. Participation by the board and its staff in an agreed election is subject to the approval of the board.
κ1983 Statutes of Nevada, Page 1625 (CHAPTER 552, AB 416)κ
Sec. 3. NRS 288.200 is hereby amended to read as follows:
288.200 Except in cases to which NRS 288.205 and 288.215 apply:
1. If:
(a) The parties have participated in mediation and by May 1, have not reached agreement; or
(b) The bargaining unit represented by the employee organization contains fewer than 30 persons,
either party to the dispute, at any time up to June 1, may submit the dispute to an impartial factfinder for his findings and recommendations. His findings and recommendations are not binding on the parties except as provided in subsections 5, 6 and 9. The mediator of a dispute may also be chosen by the parties to serve as the factfinder.
2. If the parties are unable to agree on an impartial factfinder within 5 days, either party may request from the American Arbitration Association or the Federal Mediation and Conciliation Service a list of seven potential factfinders. If the parties are unable to agree upon which arbitration service should be used, the Federal Mediation and Conciliation Service must be used. The parties shall select their factfinder from this list by alternately striking one name until the name of only one factfinder remains, who will be the factfinder to hear the dispute in question. The employee organization shall strike the first name.
3. The local government employer and employee organization each shall pay one-half of the cost of factfinding. Each party shall pay its own costs of preparation and presentation of its case in factfinding.
4. A schedule of dates and times for the hearing must be established before June 20 and the factfinder shall report his findings and recommendations to the parties to the dispute within 30 days after the conclusion of the factfinding hearing.
5. The parties to the dispute may agree, before the submission of the dispute to factfinding, to make the findings and recommendations on all or any specified issues final and binding on the parties.
6. If the parties do not agree on whether to make the findings and recommendations of the factfinder final and binding, either party may request the formation of a panel to determine whether the findings and recommendations of a factfinder on all or any specified issues in a particular dispute which are within the scope of subsection 9 are to be final and binding. The determination must be made upon the concurrence of at least two members of the panel and not later than August 10 unless that date is extended by the commissioner of the board. Each panel shall, when making its determination, consider whether the parties have bargained in good faith and whether it believes the parties can resolve any remaining issues. Any panel may also consider the actions taken by the parties in response to any previous factfinding between these parties, the best interests of the state and all its citizens, the potential fiscal effect both within and outside the political subdivision, and any danger to the safety of the people of the state or a political subdivision.
κ1983 Statutes of Nevada, Page 1626 (CHAPTER 552, AB 416)κ
the potential fiscal effect both within and outside the political subdivision, and any danger to the safety of the people of the state or a political subdivision.
7. Except as provided in subsection 8, any factfinder, whether his recommendations are to be binding or not, shall base his recommendations or award on the following criteria:
(a) A preliminary determination must be made as to the financial ability of the local government employer based on all existing available revenues as established by the local government employer, and with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision.
(b) Once the factfinder has determined in accordance with paragraph (a) that there is a current financial ability to grant monetary benefits, he shall use normal criteria for interest disputes regarding the terms and provisions to be included in an agreement in assessing the reasonableness of the position of each party as to each issue in dispute [.] and he shall consider whether the board found that either party had bargained in bad faith.
The factfinders report must contain the facts upon which he based his determination of financial ability to grant monetary benefits and his recommendations or award.
8. Any sum of money which is maintained in a fund whose balance is required by law to be:
(a) Used only for a specific purpose other than the payment of compensation to the bargaining unit affected; or
(b) Carried forward to the succeeding fiscal year in any designated amount, to the extent of that amount,
must not be counted in determining the financial ability of a local government employer and must not be used to pay any monetary benefits recommended or awarded by the factfinder.
9. The issues which may be included in a panels order pursuant to subsection 6 are:
(a) Those enumerated in subsection 2 of NRS 288.150 as the subjects of mandatory bargaining, unless precluded for that year by an existing collective bargaining agreement between the parties; and
(b) Those which an existing collective bargaining agreement between the parties makes subject to negotiation in that year.
This subsection does not preclude the voluntary submission of other issues by the parties pursuant to subsection 5.
________
κ1983 Statutes of Nevada, Page 1627κ
Senate Bill No. 276Committee on Transportation
CHAPTER 553
AN ACT relating to motor carriers; clarifying the requirements for identification of vehicles for the special fuel tax; requiring notice by a licensee who pays mileage fees of the termination of his business; clarifying the identification required for a combination of vehicles; exempting vehicles used in the production of motion pictures from certain provisions; providing a penalty for the failure to pay mileage license fees; 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 366.221 is hereby amended to read as follows:
366.221 1. No special fuel users license may be required of the following classes of special fuel users:
(a) Operators of motor vehicles who make occasional trips into this state for the purpose of service or repair.
(b) Operators of house coaches as defined in NRS 484.067.
(c) Operators of motor vehicles having an unladened weight of not more than 6,000 pounds.
(d) Operators of unladened motor vehicles purchased in this state for the trip from the point of delivery to the state boundary.
(e) Operators of motor vehicles who make occasional trips into or across this state for nonprofit or eleemosynary purposes.
(f) Operators of motor vehicles used in the production of motion pictures, including films to the shown in theaters and on television, industrial, training and educational films, commercials for television and video discs and tapes.
2. Any special fuel purchased in this state by any person exempt from licensing under subsection 1 must be purchased from a licensed special fuel dealer, who shall collect the tax on any special fuel delivered into the vehicles fuel supply tank.
3. The department may adopt regulations concerning the application and administration of this section.
Sec. 2. NRS 366.240 is hereby amended to read as follows:
366.240 1. Upon receipt of the application and bond in proper form, the department shall issue to the applicant a special fuel dealers license or special fuel users license and [a special fuel vehicle] an appropriate device for identification . [for each vehicle other than a piece of special mobile equipment.]
2. The department may refuse to issue a special fuel dealers license or special fuel users license or [special fuel vehicle] other appropriate device for identification to any person:
(a) Who formerly held a special fuel dealers license or [special fuel users] device for identification which, prior to the time of filing the application, has been revoked for cause;
κ1983 Statutes of Nevada, Page 1628 (CHAPTER 553, SB 276)κ
(b) Who applies as a subterfuge for the real party in interest whose license or identification, prior to the time of filing the application, has been revoked for cause;
(c) Who neglects or refuses to furnish bond as required by the department; or
(d) Upon other sufficient cause being shown.
Sec. 3. NRS 366.260 is hereby amended to read as follows:
366.260 1. Each special fuel dealers license or special fuel users license [shall be] is valid until suspended or revoked for cause or otherwise canceled.
2. Each [special fuel vehicle identification shall be] device for identification is valid for the calendar year unless suspended or revoked for cause or otherwise canceled.
3. No special fuel dealers license [,] or special fuel users license [or special fuel vehicle identification shall be] is transferable.
Sec. 4. NRS 366.270 is hereby amended to read as follows:
366.270 Whenever any person ceases to be a special fuel dealer or special fuel user within the state by reason of discontinuance, sale or transfer of his business, he shall:
1. Notify the department in writing at the time the discontinuance, sale or transfer takes effect. [Such notice shall] The notice must give the date of discontinuance and in the event of a sale, the date thereof and the name and address of the purchaser or transferee.
2. Surrender to the department the license certificate issued to him by the department.
3. File a quarterly tax return and pay all taxes, interest and penalties pursuant to NRS 366.370 and 366.380, except that both the filing and payment [shall be] are due on or before the last day of the month following the month of discontinuance, sale or transfer of the business.
4. [Remove the special fuel vehicle identification from any vehicle if the vehicle passes from his control.] Return his devices for identification as a special fuel user or dealer to the department.
Sec. 5. NRS 366.540 is hereby amended to read as follows:
366.540 The tax provided for by this chapter [shall] must be paid by the special fuel dealer in all cases where the special fuel is sold within the State of Nevada to a special fuel user who is not the holder of a special fuel users license, a [special fuel vehicle] device for identification, or a temporary special fuel license. In all other cases the tax [shall] must be paid by the user of [such] the special fuel, and [shall] must be computed by multiplying the tax rate per gallon provided in this chapter by the number of gallons of special fuel consumed by him in the propulsion of motor vehicles on the highways of this state.
Sec. 6. Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1983 Statutes of Nevada, Page 1629 (CHAPTER 553, SB 276)κ
If a person ceases to pay his license fee on the basis of mileage in this state because he has sold, transferred or otherwise terminated his business, he shall:
1. Notify the department in writing of the date the sale, transfer or other termination of his business is effective and the name and address of the purchaser or other person who will be responsible for the business.
2. Return to the department any identification issued to him.
3. File a quarterly tax return and pay all taxes, interest and penalties owed pursuant to NRS 706.519. The tax return and payment are due on or before the last day of the month subsequent to the sale, transfer or other termination of the business.
Sec. 7. NRS 706.519 is hereby amended to read as follows:
706.519 1. On or before the last day of January, April, July and October of each year, each licensee who pays his fee on the basis of mileage [fee licensee] shall file a quarterly return for the preceding quarter with the department. The return must be filed on a form prescribed by the department, together with supporting schedules, and must be filed regardless of the amount of [mileage] the fee due.
2. The return must include the information reasonably required by the department for the administration and enforcement of this chapter.
3. Where a [mileage] fee is due, remittance must accompany the return in the amount due.
4. Any person who fails to pay any fee on the dates provided in this section shall pay a penalty of 10 percent of the amount of the fee plus interest on the amount of the fee at the rate of 1 percent per month or fraction of a month from the date the fee is due until the date of payment.
Sec. 8. NRS 706.531 is hereby amended to read as follows:
706.531 1. After the department of transportation has approved an application for a permit under the provisions of subsection 4 of NRS 484.739, and [prior to] before issuance, the department shall issue special identifying devices for [vehicle] combinations of vehicles to be operated under the permit, which must be carried and displayed on any [vehicle] combination operating under the permit in such manner as the department determines. The devices issued may be transferred from one [vehicle] combination to another, under such conditions as the department may by regulation prescribe, but must not be transferred from one person or operator to another without prior approval of the department of transportation. The devices may be used only on motor vehicles regularly licensed under the provisions of NRS 482.480, 706.506 or 706.516.
2. The annual fee for each identifying device or set of devices for a [vehicle] combination of vehicles is $30 for each 1,000 pounds or fraction thereof of gross vehicle combination weight in excess of 80,000 pounds. The fee must be reduced one-twelfth for each month that has elapsed since the beginning of each calendar year, rounded to the nearest dollar, but must not be less than $50.
κ1983 Statutes of Nevada, Page 1630 (CHAPTER 553, SB 276)κ
elapsed since the beginning of each calendar year, rounded to the nearest dollar, but must not be less than $50. The fee must be paid in addition to all other fees required under the provisions of this chapter.
3. Any person operating a [vehicle] combination of vehicles licensed pursuant to the provisions of subsection 2, who is apprehended operating a [vehicle] combination in excess of the gross vehicle load for which the fee in subsection 2 has been paid is, in addition to all other penalties provided by law, liable for the difference between the fee for the load being carried and the fee paid, for the full licensing period.
4. Any person apprehended operating a [vehicle] combination of vehicles without having complied with the provisions of NRS 484.739 and this section is, in addition to all other penalties provided by law, liable for the payment of the fee which would be due under the provisions of subsection 2 for the balance of the calendar year for the gross load being carried at the time of apprehension.
Sec. 9. NRS 706.736 is hereby amended to read as follows:
706.736 1. Except for the provisions of subsection 4 of NRS 706.171, of NRS 706.281, and of 706.457 and 706.458, none of the provisions of NRS 706.011 to 706.791, inclusive, and section 5 of this act apply to:
(a) The transportation by a contractor licensed by the state contractors board of his own equipment in his own vehicles from job to job.
(b) Any person engaged in transporting his own personal effects in his own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by him in the furtherance of any commercial enterprise [,] other than as provided in paragraph (e), or to the carriage of any property for compensation.
(c) Special mobile equipment.
(d) The vehicles of a contractor licensed by the state contractors board when used in actually constructing or reconstructing a highway or road or in transporting necessary materials between the site of that work and the sources of material approved by the department of transportation for that particular work.
(e) The vehicle of any person, when that vehicle is being used in the production of motion picture, including films to be shown in theaters and on television, industrial training and educational films, commercials for television and video discs and tapes.
2. Any person who operates under a claim of an exemption provided by this section but who is found to be operating in a manner not covered by any of those exemptions immediately becomes liable, in addition to any other penalties provided in this chapter, for the fee appropriate to his actual operation as prescribed in this chapter, computed from the date when that operation began.
________
κ1983 Statutes of Nevada, Page 1631κ
Assembly Bill No. 155Assemblymen Redelsperger, Dini, Brady, Nicholas, Humke, Price, Thompson, Bilyeu, Zimmer, Francis, Craddock, Bergevin, Getto and Schofield
CHAPTER 554
AN ACT relating to taxation; providing for the submission to the registered voters at the general election in 1984 of the question whether the Sales and Use Tax Act of 1955 should be amended to provide a reduction of those taxes paid on certain mobile and manufactured homes; contingently creating similar exemptions from certain analogous taxes; 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. At the general election on November 6, 1984, a proposal must be submitted to the registered voters of this state to amend the Sales and Use Tax Act, which was enacted by the 47th session of the legislature of the State of Nevada and approved by the governor in 1955, and subsequently approved by the people of the state at the general election held on November 6, 1956.
Sec. 2. At the time and in the manner provided by law, the secretary of state shall transmit the proposed act to the several county clerks, and the county clerks shall cause it to be published and posted as provided by law.
Sec. 3. The proclamation and notice to the voters given by the county clerks pursuant to law must be in substantially the following form:
Notice is hereby given that at the general election on November 6, 1984, a question will appear on the ballot for the adoption or rejection by the registered voters of the state of the following proposed act:
AN ACT to amend an act entitled An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto, approved March 29, 1955, as amended.
The People of the State of Nevada do enact as follows:
Section 1. The above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 762, is hereby amended by adding thereto a new section to be designated as section 62, which shall immediately follow section 61 and shall read as follows:
κ1983 Statutes of Nevada, Page 1632 (CHAPTER 554, AB 155)κ
Sec. 62. 1. The tax imposed by this chapter must:
(a) When imposed on the privilege of selling a new manufactured home, be imposed on the sale of the materials used in constructing the manufactured home. For the purposes of this paragraph, the cost of the materials used in constructing a manufactured home is 60 percent of the cost of the manufactured home.
(b) Not be collected on the sale of any mobile home or manufactured home if the sale of the mobile home or manufactured home or the materials used in constructing it have been previously taxed pursuant to this chapter.
2. As used in this section:
(a) Manufactured home means a structure which is:
(1) Built on a permanent chassis;
(2) Designed to be used with or without a permanent foundation as a dwelling when connected to utilities;
(3) Transportable in one or more sections; and
(4) Eight feet or more in body width or 40 feet or more in body length when transported, or, when erected on site, contains 320 square feet or more.
(b) Mobile home has the meanings ascribed to it in chapter 489 of NRS.
3. As used in this section, manufactured home includes:
(a) The plumbing, heating, air-conditioning and electrical systems of the structure; and
(b) Any structure:
(1) Which meets the requirements of subparagraphs (1), (2) and (3) of paragraph (a) of subsection 1; and
(2) With respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.),
but does not includes any structure built in compliance with the requirements of chapter 461 of NRS.
Sec. 2. This act shall become effective on July 1, 1985.
Sec. 4. The ballot page assemblies and the paper ballots to be used in voting on the question must present the question in substantially the following form:
Shall the Sales and Use Tax Act be amended to provide for collection of the tax on the materials used in constructing a new manufactured home and to exempt certain used mobile homes and manufactured homes from the tax?
Sec. 5. The explanation of the question which must appear on each paper ballot and sample ballot and in every publication and posting of notice of the question must be in substantially the following form:
κ1983 Statutes of Nevada, Page 1633 (CHAPTER 554, AB 155)κ
(Explanation of Question)
The proposed amendment to the Sales and Use Tax Act would provide for collecting the tax on the materials used to construct a new manufactured home and set the cost of materials at 60 percent of the price of the new manufactured home. It would exempt used mobile homes and used manufactured homes from the tax if a prior sale was taxed in this state. If the amendment is adopted, the legislature has provided that the Local School Support Tax Law and the City-County Relief Tax Law will be amended accordingly. A Yes vote is to provide for collecting the sales and use tax on 60 percent of the price of new manufactured homes and to exempt from the tax used mobile homes and used manufactured homes if a prior sale was taxed in this state. A No vote is a vote to maintain the tax on the full value of each mobile home and each manufactured home each time it is sold.
Sec. 6. If a majority of the votes cast on the question is yes, the amendment to the Sales and Use Tax Act of 1955 shall become effective on January 1, 1985. If a majority of votes cast on the question is no, the question shall have failed and the amendment to the Sales and Use Tax Act of 1955 shall not become effective.
Sec. 7. All general election laws not inconsistent with this act are applicable.
Sec. 8. Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act and by the general election laws under which this election is held must be so construed as not to invalidate the adoption of the act by a majority of the registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether the proposed amendment was adopted or rejected by a majority of those registered voters.
Sec. 9. Chapter 374 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The tax imposed by this chapter must:
(a) When imposed on the privilege of selling a new manufactured home, be imposed on the sale of the materials used in constructing the manufactured home. For the purposes of this paragraph, the cost of the materials used in constructing a manufactured home is 60 percent of the cost of the manufactured home.
(b) Not be collected on the sale of any mobile home or manufactured home if the sale of the mobile home or manufactured home or the materials used in constructing it have been previously taxed pursuant to this chapter.
2. As used in this section:
(a) Manufactured home means a structure which is:
(1) Built on a permanent chassis;
(2) Designed to be used with or without a permanent foundation as a dwelling when connected to utilities;
κ1983 Statutes of Nevada, Page 1634 (CHAPTER 554, AB 155)κ
(3) Transportable in one or more sections; and
(4) Eight feet or more in body width or 40 feet or more in body length when transported, or, when erected on site, contains 320 square feet or more.
(b) Mobile home has the meaning ascribed to it in chapter 489 of NRS.
3. As used in this section, manufactured home includes:
(a) The plumbing, heating, air-conditioning and electrical systems of the structure; and
(b) Any structure:
(1) Which meets the requirements of subparagraphs (1), (2) and (3) of paragraph (a) of subsection 1; and
(2) With respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.),
but does not include any structure built in compliance with the requirements of chapter 461 of NRS.
Sec. 10. Sections 1 to 8, inclusive, and this section of this act shall become effective on July 1, 1983. Section 9 of this act shall become effective on July 1, 1985, only if the question provided for in section 3 of this act is approved by the voters at the general election on November 6, 1984.
________
Assembly Bill No. 496Committee on Education
CHAPTER 555
AN ACT relating to schools; authorizing a tax for school construction to be levied on certain property; requiring the deposit of that money into the districts fund for capital projects; requiring the revenue from the tax levied for the support of school districts and any interest earned from the investment of the proceeds of that tax to be credited to the countys school district 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. Chapter 387 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Upon the approval of a majority of the registered voters of a county voting upon the question, the board of county commissioners in each county may levy a tax of not more than 25 cents on each $100 of assessed valuation of taxable property within the county to construct, remodel and make additions to school buildings within the county school district.
κ1983 Statutes of Nevada, Page 1635 (CHAPTER 555, AB 496)κ
remodel and make additions to school buildings within the county school district. Any money collected pursuant to this section must be deposited in the county treasury to the credit of the fund for capital projects to be held and expended in the same manner as other money deposited in that fund.
Sec. 2. NRS 387.195 is hereby amended to read as follows:
387.195 1. Each board of county commissioners shall levy a tax of 50 cents on each $100 of assessed valuation of taxable property within the county for the support of the public schools within the county school district.
2. In addition to any tax levied in accordance with subsection 1, each board of county commissioners shall levy a tax for the payment of interest and redemption of outstanding bonds of the county school district.
3. The tax collected pursuant to subsection 1 and any interest earned from the investment of the proceeds of that tax must be credited to the countys school district fund.
Sec. 3. NRS 387.328 is hereby amended to read as follows:
387.328 1. The board of trustees of each school district shall establish a [capital projects fund for the purpose of constructing, remodeling or making] fund for capital projects to construct, remodel or make additions to an elementary school, a junior high school or a high school. The money in the [capital projects] fund for capital projects may be transferred to the debt service fund to pay for the cost of the school districts debt service.
2. With the approval of the state board of finance, the board of trustees may accumulate money in the [capital projects] fund for capital projects for a period not to exceed 10 years.
3. That portion of the vehicle privilege tax whose allocation to the school district pursuant to NRS 482.180 is based on the amount of the property tax levy attributable to its debt service must be deposited in the county treasury to the credit of the [capital projects] fund established under subsection 1 or the school districts debt service fund.
4. No money in the [capital projects] fund for capital projects at the end of the fiscal year may revert to the county school district fund, nor may the money be a surplus for any other purpose than those specified in subsection 1.
Sec. 4. NRS 387.331 is hereby amended to read as follows:
387.331 1. The tax on residential construction authorized by this section is a specified amount which must be the same for each:
(a) Lot for a mobile home;
(b) Residential dwelling unit; and
(c) Suite in an apartment house,
imposed on the privilege of constructing apartment houses, and residential dwelling units and developing lots for mobile homes.
2. The board of trustees of any school district whose population is less than 25,000 may request that the board of county commissioners of the county in which the school district is located impose a tax on residential construction in the school district [for the purpose of erecting and making] to construct, remodel and make additions to school buildings.
κ1983 Statutes of Nevada, Page 1636 (CHAPTER 555, AB 496)κ
of the county in which the school district is located impose a tax on residential construction in the school district [for the purpose of erecting and making] to construct, remodel and make additions to school buildings. Whenever the board of trustees takes that action it shall notify the board of county commissioners and shall specify the areas of the county to be served by the buildings to be erected or enlarged.
3. If the board of county commissioners decides that the tax should be imposed, it shall notify the Nevada tax commission. If the commission approves, the board of county commissioners may then impose the tax, whose specified amount must not exceed $1,000.
4. The board shall collect the tax so imposed, in the areas of the county to which it applies, and may require that administrative costs, not to exceed 1 percent, be paid from the amount collected.
5. The money collected must be deposited with the county treasurer in the school [district building reserve fund] districts fund for capital projects to be held and expended in the same manner as other money deposited in that fund. [If the district has no building reserve fund the money must be deposited with the county treasurer in a special fund to be used only for the purpose of erecting and making additions to school buildings.]
Sec. 5. Chapter 354 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Fund for capital projects means a fund created to account for all resources used for the acquisition or construction of designated fixed assets by a governmental unit except those financed by special assessment, proprietary or trust funds.
Sec. 6. NRS 354.604 is hereby amended to read as follows:
354.604 Each local government shall maintain, according to its own needs:
1. The following kinds of governmental funds:
(a) General fund;
(b) Special revenue fund;
(c) [Capital projects fund;] Fund for capital projects;
(d) Debt service fund; and
(e) Special assessment fund.
2. The following kinds of proprietary funds:
(a) Enterprise fund; and
(b) Internal service fund.
3. Trust and agency funds.
4. The following kinds of account groups:
(a) General fixed assets; and
(b) General long-term debt.
Sec. 7. NRS 354.498 is hereby repealed.
________
κ1983 Statutes of Nevada, Page 1637κ
Senate Bill No. 481Committee on Commerce and Labor
CHAPTER 556
AN ACT relating to financial institutions; making technical corrections to Senate Bill No. 418 of this session; 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. Section 333 of Senate Bill No. 418 of this session is hereby amended to read as follows:
Sec. 333. NRS 677.170 is hereby amended to read as follows:
677.170 1. At the time of filing an application for authorization to engage in business under this chapter, the applicant shall file with the [director] administrator a bond or an irrevocable letter of credit in the sum of at least $1,000,000, upon which the applicant is the obligor.
2. If the applicant files a bond, it must be signed by one or more sureties approved by the [director,] administrator, whose liability as sureties need not exceed that amount in the aggregate.
3. If the applicant files an irrevocable letter of credit, it must be issued by a bank approved by the [director] administrator and whose deposits are insured by the Federal Deposit Insurance Corporation.
4. The bond or letter of credit must be conditioned that the applicant shall:
(a) Faithfully conform to and abide by the provisions of this chapter and all regulations adopted by the [director] administrator under this chapter.
(b) Pay to the state and to any person all money that becomes due or owing to the state or to that person from the applicant under the provisions of this chapter.
5. The terms of the bond or letter of credit must be approved by the [director.] administrator.
6. A licensee which proposes to issue certificates shall file with the [director] administrator a fidelity bond providing fidelity coverage on each officer, director and employee of at least $100,000. The fidelity bond may be either a bankers blanket bond or a finance companys blanket bond, but must be written by an insurer who has been approved by the [director.] administrator.
Sec. 2. Section 355 of Senate Bill No. 418 of this session is hereby amended to read as follows:
Sec. 355. NRS 677.440 is hereby amended to read as follows:
677.440 1. For the purpose of discovering violations of this chapter or of securing information lawfully required under this chapter, the [director] administrator or his authorized representatives may at any time investigate the business and examine the books, accounts, papers and records used therein of:
κ1983 Statutes of Nevada, Page 1638 (CHAPTER 556, SB 481)κ
chapter, the [director] administrator or his authorized representatives may at any time investigate the business and examine the books, accounts, papers and records used therein of:
(a) Any licensee;
(b) Any other person engaged in the business described in this chapter, participating in the business as a principal, agent, broker or otherwise;
(c) Any person who the [director] administrator has reasonable cause to believe is violating or is about to violate any provision of this chapter, whether or not that person claims to be within the authority or beyond the scope of this chapter; and
(d) Any company which is a subsidiary of, affiliated with or owned or controlled by a licensee.
2. For the purpose of examination, the [director] administrator or his authorized representatives have and must be given free access to the offices and places of business, files, safes and vaults of the persons listed in subsection 1.
Sec. 3. Section 368 of Senate Bill No. 418 of this session is hereby amended to read as follows:
Sec. 368. NRS 677.620 is hereby amended to read as follows:
677.620 1. A licensee shall not have outstanding at any time its thrift certificates, exclusive of those hypothecated with the licensee issuing them, in an aggregate sum in excess of 10 times the aggregate amount of its paid-up and unimpaired capital and unimpaired surplus.
2. If a licensee has operated under this chapter for 1 year or more and during its most recent fiscal year has been profitable, the [director] administrator may increase the ratio of thrift certificates to paid-up and unimpaired capital and unimpaired surplus prescribed in subsection 1 to not more than the greatest net worth to savings ratio permitted for any savings and loan association operating in this state. The [director] administrator shall give his approval or denial of the application for an increased ratio to the licensee in writing with supporting reasons within 30 days after the date of application by the licensee unless the [director] administrator gives notice within the original 30-day period that he is extending the period for decision for a term not to exceed an additional 30 days. The [director] administrator may, for reasonable cause, decrease the ratio permitted under this subsection at any time, but not below the ratio prescribed in subsection 1.
3. No licensee may have total borrowings, exclusive of thrift certificates, which exceed the larger of:
(a) Five times its capital and surplus; or
(b) The face amount of its total thrift certificates outstanding at the time a borrowing is made.
4. Each licensee shall establish a liquidity reserve immediately upon beginning business, as a special account with an initial balance of $50,000.
κ1983 Statutes of Nevada, Page 1639 (CHAPTER 556, SB 481)κ
upon beginning business, as a special account with an initial balance of $50,000. Money cannot be withdrawn from the reserve or the account put to any other use without the permission of the [director.] administrator. Money in the reserve may be invested only in obligations of the United States, this or any other state, or a bank or savings and loan association whose principal office is in this state and whose deposits are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. At least annually, but no later than at the end of each fiscal year of the licensee, an amount equal to 1 percent of the licensees outstanding thrift certificates must be added to the reserve until its balance reaches 1.5 percent of the net outstanding thrift accounts. Interest earned on the principal of the reserve must not be withdrawn except as permitted for other money of the reserve, but may be credited against the required addition.
Sec. 4. Section 378 of Senate Bill No. 418 of this session is hereby amended to read as follows:
Sec. 378. NRS 678.260 is hereby amended to read as follows:
678.260 The [commissioner] administrator shall:
1. Adopt a regulation establishing the minimum surety bond 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 [.] of financial institutions.
4. Deposit all fees, charges for expenses, assessments and other money which is 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 credit union division of the department of commerce. At the end of a fiscal year the unused balance of any amounts collected pursuant to this chapter does not revert to the 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. 5. Section 381 of Senate Bill No. 418 of this session is hereby amended to read as follows:
Sec. 381. NRS 678.310 is hereby amended to read as follows:
678.310 1. The secretary of state shall not issue any certificate of incorporation to any credit union authorizing it to do business in this state until the articles of incorporation are approved by the [commissioner.] administrator.
2. An amendment to such articles of incorporation may not be filed by the secretary of state without the written approval of the [commissioner.] administrator.
κ1983 Statutes of Nevada, Page 1640 (CHAPTER 556, SB 481)κ
3. Not less than seven persons who are residents of Nevada, have a common bond and are of legal age who desire to organize a credit union under this chapter shall first execute in triplicate an application, upon forms to be issued by the [commissioner,] administrator, for permission to organize such an association. The applicants shall submit with or include in their application:
(a) A copy of the articles of incorporation which must comply with the provisions of NRS 81.440 except where those provisions conflict with the provisions of this chapter.
(b) The par value of the shares, which must be $5 or some multiple thereof.
(c) The names and addresses of the applicants and an itemized account of the financial condition of the applicants and the proposed credit union.
(d) The name, which must include the words credit union, and the principal place of business.
(e) Any additional information which the [commissioner] administrator may require to determine the character and responsibility of the applicants and the need for a credit union in the community to be served.
(f) The incorporators shall submit a set of proposed bylaws to the [commissioner] administrator with their application and the bylaws when approved by the [commissioner] administrator are effective upon filing the articles of incorporation. The [commissioner] administrator shall approve or disapprove the application within 30 days following its receipt.
4. Every application for permission to organize, as provided for in this section, must be accompanied by an application fee and a fee payment to cover expenses attendant upon the investigation required for approval. The amount of the fees must be established by regulation adopted by the [commissioner.] administrator.
5. The subscribers for a credit union charter shall not transact any business until formal approval of the charter has been received.
Sec. 6. Section 385 of Senate Bill No. 418 of this session is hereby amended to read as follows:
Sec. 385. NRS 678.390 is hereby amended to read as follows:
678.390 1. The board may appoint an audit committee to make an annual audit of the financial records of the credit union and any interim audits as may be deemed necessary by the board or as may be directed by the [commissioner.] administrator. A copy of the report must be submitted to the board and the [commissioner] administrator and a summary presented to the members at the next annual meeting.
2. The audit committee may by unanimous vote suspend any director, officer or member of the credit union following an audit, for any violation of this chapter, the chapter or bylaws or for any other practice which the audit committee deems to be unsafe or unauthorized.
κ1983 Statutes of Nevada, Page 1641 (CHAPTER 556, SB 481)κ
for any violation of this chapter, the chapter or bylaws or for any other practice which the audit committee deems to be unsafe or unauthorized. In such cases, the audit committee shall call a special meeting of the members not less than 7 nor more than 21 days following the suspension and the suspension must be ratified or overturned by the members.
3. Any member of the audit committee may be suspended by the board for the same reasons and in the same manner as provided in subsection 2.
4. The audit committee may by a majority vote call a special meeting of the members to consider any violation of this chapter, the charter or bylaws or any practice of the credit union deemed by the audit committee to be unsafe or unauthorized.
5. The board of directors or the audit committee may employ the services of a certified public accountant or a registered public accountant to complete the necessary audit of the records of the credit union.
Sec. 7. Section 390 of Senate Bill No. 418 of this session is hereby amended to read as follows:
Sec. 390. NRS 678.670 is hereby amended to read as follows:
678.670 1. Prior to the payment of any dividend, the gross earnings of the credit union must be determined. From the gross earnings a regular reserve against losses must be set aside according to the following schedule:
(a) Until the regular reserve equals 7.5 percent of the outstanding loans and risk assets, all credit unions with assets of $500,000 or less shall withhold 10 percent of the gross earnings. Thereafter, 5 percent of the gross income must be withheld until the regular reserve reaches 10 percent of the outstanding loans and risk assets.
(b) Whenever a credit union has assets of more than $500,000 and has been in operation for at least 4 years, it shall maintain its regular reserve as follows:
(1) Until the regular reserve equals 4 percent of the outstanding loans and risk assets, the credit union shall withhold 10 percent of its gross earnings.
(2) Thereafter, until the regular reserve equals 6 percent of its outstanding loan and risk assets, the credit union shall withhold 5 percent of its gross earnings.
(c) Whenever the regular reserve falls below the required levels, it must be replenished by regular contributions sufficient to maintain the regular reserve at the levels required by paragraphs (a) and (b).
2. The regular reserve belongs to the credit union and must not be distributed except on liquidation of the credit union or in accordance with a plan approved by the [commissioner.] administrator.
Sec. 8. Session 393 of Senate Bill No. 418 of this session is hereby amended to read as follows:
κ1983 Statutes of Nevada, Page 1642 (CHAPTER 556, SB 481)κ
Sec. 393. 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;
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;] administrator; and
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. 9. Section 395 of Senate Bill No. 418 of this session is hereby amended to read as follows:
Sec. 395. NRS 678.800 is hereby amended to read as follows:
678.800 1. Any credit union may, with the approval of the [commissioner,] administrator, 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:
κ1983 Statutes of Nevada, Page 1643 (CHAPTER 556, SB 481)κ
(a) A majority of the members of the merging credit union present at a meeting called for that purpose; or
(b) A majority of the members of the merging credit union voting by mail on the question.
2. After agreement by the directors of each credit union and approval by the members of the merging credit union, the chairman and secretary of each credit union shall execute a certificate of merger, which 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 circumstances of the vote in which the members approved the plan agreed upon, if a vote was required; and
(e) The vote by which the plan was approved by the members, if a vote was required.
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 credit unions joining in the merger must be forwarded to the [credit union] division of financial institutions for certification and returned to the 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. The [commissioner] administrator shall adopt regulations under which he may order any credit union chartered under the provisions of this chapter to merge with:
(a) Another credit union chartered under the provisions of this chapter; or
(b) A credit union chartered under the laws of another state or of the United States, if a majority of the board of that credit union approves the merger,
when he determines that the merger is in the best interest of the members of the merging credit union.
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 this chapter or any other provisions of law.
Sec. 10. Section 420 of Senate Bill No. 418 of this session is hereby amended to read as follows:
Sec. 420. Sections 1, 6, 11, 13, 15, 16, 19, 40, 41, 50, 112, 120, 134, 137, 139, 176, 195, 218, 230, 233, 234, 235, 237, 240, 241, 245, 246, 249, 279, 378, 381, 385, 390, 393, 395 and sections 397 to 416, inclusive, of this act shall become effective at 12:01 a.m.
κ1983 Statutes of Nevada, Page 1644 (CHAPTER 556, SB 481)κ
397 to 416, inclusive, of this act shall become effective at 12:01 a.m. on July 1, 1983.
Sec. 11. Section 1.3 of Assembly Bill No. 136 of this session is hereby amended to read as follows:
Sec. 1.3. If the [director] administrator finds that a bond or letter of credit filed pursuant to NRS 677.170 is not sufficient to protect the interests of the public, he shall require the applicant to deposit an additional bond or letter of credit.
Sec. 12. Section 7 of Assembly Bill No. 136 of this session is hereby amended to read as follows:
Sec. 7. 1. The amendatory provisions contained in section 3 of this act do not apply to any thrift company which is licensed pursuant to chapter 677 of NRS before the effective date of this act, or to any parent corporation of such a thrift company.
2. Any such thrift company may, with the permission of the [director] administrator as required by NRS 677.370, assign its license to a bank or savings and loan association organized under the law of this state or any other state, or under the law of the United States if its principal office is located in this state.
Sec. 13. Section 7 of Assembly Bill No. 635 of this session is hereby amended to read as follows:
Sec. 7. The [superintendent] administrator shall adopt such regulations as may be necessary to carry out the purposes and provisions of this chapter.
Sec. 14. Section 10 of Assembly Bill No. 635 of this session is hereby amended to read as follows:
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.] administrator.
Sec. 15. Section 12 of Assembly Bill No. 635 of this session is hereby amended to read as follows:
Sec. 12. When the articles of incorporation have been approved by the [superintendent] administrator 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. 16. Section 13 of Assembly Bill No. 635 of this session is hereby amended to read as follows:
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] administrator to examine the corporation or the obligation of the corporation to make reports as provided in section 27 of this act, may be made.
κ1983 Statutes of Nevada, Page 1645 (CHAPTER 556, SB 481)κ
with the general purposes expressed in this chapter or which eliminates or curtails the right of the [superintendent of banks] administrator 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] administrator 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.
Sec. 17. Section 14 of Assembly Bill No. 635 of this session is amended to read as follows:
Sec. 14. A corporation for economic revitalization and diversification shall obtain a license from the [superintendent] administrator 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.] administrator.
Sec. 18. Section 27 of Assembly Bill No. 635 of this session is hereby amended to read as follows:
Sec. 27. 1. The [superintendent of banks] administrator 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] administrator and more frequently upon the order of the [superintendent of banks. The superintendent of banks] administrator. The administrator 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] administrator 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] administrator 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.
Sec. 19. Section 2 of Senate Bill No. 281 of this session is hereby amended to read as follows:
κ1983 Statutes of Nevada, Page 1646 (CHAPTER 556, SB 481)κ
Sec. 2. No credit union organized under the laws of another state may commence or transact any business or maintain an office in this state without first obtaining a certificate of authority from the [commissioner.] administrator.
Sec. 20. Section 3 of Senate Bill No. 281 of this session is hereby amended to read as follows:
Sec. 3. Each application for a certificate of authority submitted by a foreign credit union must be filed with the [commissioner] administrator on a form prescribed by him and must include:
1. A copy of the instrument or authority by which the credit union was created and a copy of its bylaws.
2. A statement of its membership, if not contained in its bylaws.
3. A copy of the most recent report submitted by the credit union to the authorized officer of the state in which it was organized.
4. Any other information required by the [commissioner.] administrator.
Sec. 21. Section 4 of Senate Bill No. 281 of this session is hereby amended to read as follows:
Sec. 4. The [commissioner] administrator shall issue a certificate of authority to a foreign credit union if he is satisfied that:
1. The members of the credit union to be served in this state are adequately protected by any form of security which is comparable to that required of credit unions organized under the provisions of this chapter.
2. The officer who supervises the credit union in the state in which it was organized has authorized it to do business in Nevada and agrees to furnish, upon request, copies of reports relating to the credit union.
3. The members to be served in this state have a need for the service.
4. A resident agent has been designated.
5. The state in which the credit union was organized issues comparable authorization to credit unions organized under the provisions of this chapter.
Sec. 22. Section 5 of Senate Bill No. 281 of this session is hereby amended to read as follows:
Sec. 5. A foreign credit union which has been issued a certificate of authority shall:
1. Serve its members in this state in accordance with its bylaws and the laws of the state in which it was organized, except where those laws conflict with the provisions of this chapter.
2. File with the [commissioner] administrator a copy of its annual report at the time it files a similar report with the officer of the state in which it was organized.
κ1983 Statutes of Nevada, Page 1647 (CHAPTER 556, SB 481)κ
Sec. 23. Section 6 of Senate Bill No. 281 of this session is hereby amended to read as follows:
Sec. 6. The [commissioner] administrator may:
1. Examine the records of any foreign credit union which holds a certificate of authority issued by the [commissioner] administrator at any time he deems necessary.
2. Revoke a certificate of authority issued to such a credit union if he finds that the credit union has violated any provision of this chapter or the regulations of the [commissioner.] administrator.
Sec. 24. Section 347 of Senate Bill No. 418 of this session is hereby repealed.
Sec. 25. 1. This section, sections 1 to 12, inclusive, and section 24 shall become effective upon passage and approval.
2. Sections 13 to 23, inclusive, shall become effective at 12:01 a.m. on July 1, 1983.
________
Assembly Bill No. 604Committee on Government Affairs
CHAPTER 557
AN ACT relating to public employees retirement; exempting elective officials from the requirement that contributions paid by employers for employees be offset by reductions in salary; 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 286.421 is hereby amended to read as follows:
286.421 1. Except as limited in this section, any participating public employer may pay on behalf of its employees the employee contributions required by subsection 1 of NRS 286.410. The state board of examiners shall elect on behalf of all state agencies which have employees within the classified service of the state, as established by chapter 284 of NRS, whether to pay such contributions. The public employees retirement board shall elect whether to pay such contributions on behalf of its employees in the unclassified service. The board of regents shall elect whether to pay such contributions on behalf of the professional staff of the University of Nevada System.
2. [Payment] Except for persons chosen by election or appointment to serve in elective offices of a political subdivision of this state, any such payment of [employee] employees contributions must be:
(a) Made in lieu of equivalent basic salary increases or cost of living increases, or both; or
(b) Counterbalanced by equivalent reductions in [employee] employees salaries.
κ1983 Statutes of Nevada, Page 1648 (CHAPTER 557, AB 604)κ
3. [The] Except in the case of the elective officers described in subsection 2, the average compensation from which the amount of benefits payable pursuant to this chapter is determined must be increased with respect to each month beginning after June 30, 1975, by 50 percent of the contribution made by the public employer, and must not be less than it would have been if contributions had been made by the member and the public employer separately. In the case of the elective county officers described in subsection 2, any contribution made by the public employer on their behalf does not affect their compensation but is an added special payment.
4 Employee contributions made by a public employer must be deposited in either the public employees retirement fund or the police and firemens retirement fund as is appropriate. These contributions must not be credited to the individual account of the member and may not be withdrawn by the member upon his termination.
5. The membership of an employee who became a member on or after July 1, 1975, and all contributions on whose behalf were made by his public employer must not be canceled upon the termination of his service.
6. If an employer elects to pay the basic contribution on behalf of its employees, the total contribution rate is, in lieu of the amounts specified in subsection 1 of NRS 286.410 and subsection 1 of NRS 286.450:
(a) For all employees except police officers and firemen, 15 percent of compensation.
(b) For police officers and firemen, 18 percent of compensation.
Except as provided in subsection 7, a public employer which has elected to pay the basic contribution on behalf of its employees may, to the extent that the respective percentage rates of [such] those contributions are increased above the rates set forth in this section on May 19, 1975, require each employee to pay one-half of the amount of [such] the increase as provided in subsection 2.
7. For the purposes of adjusting salary increases and cost of living increases or of salary reduction, the total contribution must be equally divided between employer and employee.
8. An election by an employer to begin or to discontinue paying the basic contribution on behalf of its employees becomes effective at the beginning of the next fiscal year or established payroll adjustment period.
9. Public employers other than the State of Nevada must pay the entire employee contribution for those employees who contribute to the police and firemens retirement fund on and after July 1, 1981, and may before that date pay all or part of this contribution.
Sec. 2. If a person who serves in an elective office of a political subdivision of this state receives any additional benefits or salary pursuant to section 1 of this act after July 1, 1983, the additional benefits or salary or portion thereof must be taken into consideration by the legislature when granting any increase in his salary in 1985.
κ1983 Statutes of Nevada, Page 1649 (CHAPTER 557, AB 604)κ
or salary or portion thereof must be taken into consideration by the legislature when granting any increase in his salary in 1985.
________
Assembly Bill No. 613Committee on Government Affairs
CHAPTER 558
AN ACT relating to public administrators; providing payment for longevity; 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 245.044 is hereby amended to read as follows:
245.044 1. On and after July 1, 1973, if an elected county officer has served in his office for more than 4 years, he [shall receive] is entitled to an additional salary of 1 percent of his base salary provided in NRS 245.043 or 253.043 for each full calendar year he has served in his office. The additional [longevity] salary provided in this section [shall] must not exceed 20 percent of the base salary provided in NRS 245.043 [.] or 253.043.
2. [Longevity pay] Payment for longevity under the provisions of this section [shall] must be computed on the basis of full calendar years of service and [, with the exception of those persons initially eligible on July 1, 1973, shall be computed] only at the beginning of [their terms] a term of office. [Those persons who would have been eligible to receive longevity pay at the beginning of their current terms shall receive such increment on July 1, 1973.]
3. Service on the board of supervisors of Carson City for the initial term which began on July 1, 1969, and ended on the 1st Monday of January, 1973, shall be deemed to constitute 4 full calendar years of service for the purposes of this section.
________
κ1983 Statutes of Nevada, Page 1650κ
Assembly Bill No. 597Committee on Natural Resources, Environment and Agriculture
CHAPTER 559
AN ACT relating to underground water; requiring a notice of intent to declare a forfeiture where center-pivot irrigation is used; 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 534.090 is hereby amended to read as follows:
534.090 1. Except as provided in [subsection 2,] subsections 2 and 3, failure for 5 successive years after April 15, 1967, on the part of the holder of any right, whether it is an adjudicated right, an unadjudicated right, or a permitted right, and further whether the right is initiated after or before March 25, 1939, to use beneficially all or any part of the underground water for the purpose for which the right is acquired or claimed, works a forfeiture of both undetermined rights and determined rights [of the right] to the use of that water to the extent of the nonuse. Upon the forfeiture of a right to the use of ground water, the water reverts to the public and is available for further appropriation, subject to existing rights. If, upon notice by registered or certified mail to the person of record whose right has been declared forfeited, that person fails to appeal such ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the forfeiture becomes final.
2. The state engineer may, upon the request of the holder of any right described in subsection 1, extend the time necessary to work a forfeiture under that subsection if the request is made before the expiration of the time necessary to work a forfeiture. The state engineer may grant any number of extensions, but no single extension may exceed 1 year. In determining whether to grant or deny a request, the state engineer shall, among other reasons, consider:
(a) Whether the holder has shown good cause for his failure to use all or any part of the water beneficially for the purpose for which his right is acquired or claimed;
(b) The unavailability of water to put to a beneficial use which is beyond the control of the holder; [and]
(c) Any economic conditions or natural disasters which made the holder unable to put the water to that use [.] ; and
(d) Whether the holder has demonstrated efficient ways of using the water for agricultural purposes, such as center-pivot irrigation.
3. If the failure to use the water pursuant to subsection 1 is because of the use of center-pivot irrigation before July 1, 1983, and such use could result in a forfeiture of a portion of a right, the state engineer shall, by registered or certified mail, send to the owner of record a notice of intent to declare such a forfeiture.
κ1983 Statutes of Nevada, Page 1651 (CHAPTER 559, AB 597)κ
engineer shall, by registered or certified mail, send to the owner of record a notice of intent to declare such a forfeiture. The notice must provide that the owner has at least 1 year from the date of the notice to use the water beneficially or apply for additional relief pursuant to subsection 2 before forfeiture of his right is declared by the state engineer.
4. A right to use underground water whether it is vested or otherwise may be lost by abandonment. If the state engineer, in investigating a ground water source, upon which there has been a prior right, for the purpose of acting upon an application to appropriate water from the same source, is of the belief from his examination that an abandonment has taken place, he shall so state in his ruling approving the application. If, upon notice by registered or certified mail to the person of record who had the prior right, that person fails to appeal such ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the alleged abandonment declaration as set forth by the state engineer becomes final.
________
Senate Bill No. 258Committee on Judiciary
CHAPTER 560
AN ACT relating to peace officers; authorizing arrests outside their respective jurisdictions under certain circumstances; 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 171.124 is hereby amended to read as follows:
171.124 1. [A] Except as otherwise provided in this section, a peace officer may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person:
(a) For a public offense committed or attempted in his presence.
(b) When a person arrested has committed a felony or gross misdemeanor, although not in his presence.
(c) When a felony or gross misdemeanor has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.
(d) On a charge made, upon a reasonable cause, of the commission of a felony or gross misdemeanor by the [party] person arrested.
(e) When a warrant has in fact been issued in this state for the arrest of a named or described person for a public offense, and he has reasonable cause to believe that the person arrested is the person so named or described.
(f) When the peace officer has probable cause to believe that the person to be arrested has committed a battery upon that persons spouse and the peace officer finds evidence of bodily harm to the spouse.
κ1983 Statutes of Nevada, Page 1652 (CHAPTER 560, SB 258)κ
person to be arrested has committed a battery upon that persons spouse and the peace officer finds evidence of bodily harm to the spouse.
2. He may also, at night, without a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony or gross misdemeanor, and is justified in making the arrest, though it afterward appear that a felony or gross misdemeanor has not been committed.
3. A peace officer who is a sheriff or deputy sheriff of any county or a member of the police department of any city or town may only make an arrest pursuant to subsections 1 and 2 for an offense committed within his territorial jurisdiction, but he may make the arrest beyond the boundaries of that jurisdiction.
________
Assembly Bill No. 300Assemblymen Schofield, Zimmer, Bourne, Jeffrey, Banner, Nevin, Kovacs, Fay, Bogaert, Sader, Coffin, Perry, Collins, Bremner, Dini, Thompson, Price, DuBois, Sedway, Craddock, Chaney, Thomas and Berkley
CHAPTER 561
AN ACT relating to abuse and neglect of older persons; extending the prohibition on neglect to persons who voluntarily assume responsibility for the care of an older person; requiring certain persons to report incidents of abuse, neglect or exploitation; requiring an investigation of reported abuse, neglect or exploitation within 3 working days after the report; expanding the duties of the aging services division of the department of human resources; requiring that day care facilities be licensed; adding day care facilities for adults to the projects which may be undertaken pursuant to the County Economic Development Revenue Bond Law; providing a penalty; 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 200 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A person who has no legal responsibility or contractual obligation to care for an older person may be convicted of neglecting an older person only if he has voluntarily assumed responsibility for the older person.
Sec. 2. NRS 200.5092 is hereby amended to read as follows:
200.5092 As used in NRS 200.5091 to 200.5099, inclusive, and section 1 of this act, 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.
κ1983 Statutes of Nevada, Page 1653 (CHAPTER 561, AB 300)κ
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] or who has voluntarily assumed responsibility for his care 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 60 years of age or older.
5. Protective services means services the purpose of which is to prevent and remedy the abuse, exploitation and neglect of older persons. The services may include investigation, evaluation, counseling, arrangement and referral for other services and assistance.
Sec. 3. NRS 200.5093 is hereby amended to read as follows:
200.5093 1. [A report must be made within 3 working days] Immediately after an instance of abuse, neglect or exploitation of an older person is suspected [to the] , a report must be made to:
(a) The local office of the welfare [division or to the] or aging services division of the department of human resources [or to any] ;
(b) Any police department or sheriffs office [when there is a reason to believe that an older person has been abused, neglected or exploited.] ; or
(c) The countys office for protective services, if one exists in the county where the suspected action occurred.
If the report of abuse, neglect or exploitation involves an act or omission of the welfare division, aging services division or a law enforcement agency, the report must be made to an agency other than the one alleged to have committed the act or omission. Each agency, after reducing the report to writing, shall forward a copy of the report to the aging services division of the department of human resources.
2. Reports must be made by:
(a) Every physician, dentist, chiropractor, optometrist, resident and intern licensed in this state who examines, attends or treats an older person who appears to have been abused, neglected or exploited.
(b) The superintendent, manager or other person in charge of a hospital or similar institution, upon notification, which must be given by every physician who has attended an older person who appears to have been abused, neglected or exploited pursuant to his performance of services as a member of the staff of the hospital or institution.
(c) Every professional or practical nurse, physicians assistant, psychologist, ambulance driver and ambulance attendant licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected or exploited.
κ1983 Statutes of Nevada, Page 1654 (CHAPTER 561, AB 300)κ
(d) Every clergyman or social worker.
(e) Every person who maintains or is employed by a group care facility.
(f) Every attorney, unless he has acquired the knowledge of abuse, neglect or exploitation from a client who has been or may be accused of the abuse, neglect or exploitation.
(g) Any employee of the welfare or aging services division of the department of human resources.
(h) Any employee of a police department, sheriffs office or a countys office for protective services.
3. A report may be filed by any other person.
4. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report within 3 working days.
5. If the investigation of the report results in the belief that the older person is abused, neglected or exploited, the welfare division of the department of human resources or the countys office for protective services may provide protective services to the older person if he is able and willing to accept them.
Sec. 4. NRS 200.5094 is hereby amended to read as follows:
200.5094 1. The report required pursuant to NRS 200.5093 may be made orally, by telephone or otherwise. The person who receives the report must reduce it to writing as soon as possible.
2. The report must contain the following information, when possible:
(a) The name and address of the older person;
(b) The name and address of the person responsible for his care, if there is one;
(c) The name and address, if available, of the person who is alleged to have abused, neglected or exploited the older person;
(d) The nature and extent of the abuse, neglect or exploitation; [and]
(e) Any evidence of previous injuries [.] ; and
(f) The basis of the reporters belief that the older person has been abused, neglected or exploited.
Sec. 5. NRS 200.5095 is hereby amended to read as follows:
200.5095 1. Reports made pursuant to NRS 200.5093 and 200.5094 and section 1 of this act are confidential.
2. Any person, law enforcement agency or public or private agency, institution or facility who willfully releases data or information concerning the reports and investigation of the abuse, neglect or exploitation of older persons, except:
(a) Pursuant to criminal prosecution under the provisions of NRS 200.5092 to 200.5099, inclusive [;] , and section 1 of this act; and
(b) To persons or agencies enumerated in subsection 3 of this section,
is guilty of a misdemeanor.
κ1983 Statutes of Nevada, Page 1655 (CHAPTER 561, AB 300)κ
3. Data or information concerning the reports and investigations of the abuse, neglect or exploitation of an older person is available only to:
(a) A physician who has in his care an older person who he reasonably believes may have been abused, neglected or exploited;
(b) An agency responsible for or authorized to undertake the care, treatment and supervision of the older person;
(c) A district attorney or other law enforcement official who requires the information in connection with an investigation of the abuse, neglect or exploitation of the older person;
(d) A court which has determined, in camera, that public disclosure of such information is necessary for the determination of an issue before it;
(e) A person engaged in bona fide research, but the identity of the subjects of the report must remain confidential;
(f) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;
(g) Any comparable authorized person or agency in another jurisdiction;
(h) A legal guardian of the older person, if the identity of the person who was responsible for reporting the alleged abuse, neglect or exploitation to the public agency is protected, and the legal guardian is not the person suspected of the abuse, neglect or exploitation; or
(i) The person named in the report as allegedly being abused, neglected or exploited, if that person is not legally incompetent.
4. If the person who is reported to have abused [or] , neglected or exploited an older person is the holder of a license or certificate issued pursuant to chapters 630 to 641A, inclusive, of NRS, information contained in the report must be submitted to the board which issued the license.
Sec. 6. NRS 200.5098 is hereby amended to read as follows:
200.5098 The aging services division of the department of human resources shall [identify] :
1. Identify and record demographic information on the older person who is alleged to have been abused, neglected or exploited and the person who is alleged to be responsible for the abuse, neglect or exploitation.
2. Obtain information from programs for preventing abuse of older persons, analyze and compare the programs, and make recommendations to assist the organizers of the programs in achieving the most efficient and effective service possible.
3. Publicize the provisions of NRS 200.5091 to 200.5099, inclusive, and section 1 of this act.
Sec. 7. NRS 200.5099 is hereby amended to read as follows:
200.5099 1. Any person who knowingly and willfully violates NRS 200.5092 to 200.5099, inclusive, and section 1 of this act is guilty of a misdemeanor.
κ1983 Statutes of Nevada, Page 1656 (CHAPTER 561, AB 300)κ
NRS 200.5092 to 200.5099, inclusive, and section 1 of this act is guilty of a misdemeanor.
2. Any adult person who willfully causes or permits an older person to suffer unjustifiable physical pain or mental suffering as a result of abuse, neglect or exploitation, or who willfully causes or permits an older person to be placed in a situation where the person may suffer unjustifiable physical pain or mental suffering as the result of abuse, neglect or exploitation, is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse, neglect, danger or loss through exploitation.
3. A person who violates any provision of subsection 2, if substantial bodily or mental harm results to the older person, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.
4. As used in this section, permit means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care and custody of an older person.
Sec. 8. NRS 244A.682 is hereby amended to read as follows:
244A.682 Health and care facility means a hospital, an intermediate care facility , [or] a skilled nursing facility or a day care facility for adults, as those terms are defined in NRS 449.012, 449.014 , [and 449.018,] 449.018 and section 10 of this act, respectively.
Sec. 9. NRS 427A.020 is hereby amended to read as follows:
427A.020 As used in this chapter, unless the context otherwise requires:
1. Administrator means the chief of the aging services division of the department.
2. Advocate means an advocate for residents of facilities for long-term care.
3. Commission means the Nevada commission on aging.
4. Day care center means [any health and care facility, as defined by NRS 449.007, which is maintained and operated primarily to provide care for one or more elderly disabled persons during the day.] a day care facility for adults as defined in section 10 of this act.
5. Department means the department of human resources.
6. Director means the director of the department.
7. Division means the aging services division of the department.
8. Facility for long-term care means:
(a) A group care facility as defined in NRS 449.005;
(b) An intermediate care facility as defined in NRS 449.014;
(c) A skilled nursing facility as defined in NRS 449.018; and
(d) A family home or other establishment, whether or not certified or licensed by any state or local governmental agency, in which room and board, laundry services and continuous protection and oversight are provided for compensation to not more than three adult persons who:
κ1983 Statutes of Nevada, Page 1657 (CHAPTER 561, AB 300)κ
(1) By reason of age or disability are incapable of independent living but do not require the care of a practical or professional nurse; and
(2) Are not related to the person or persons maintaining the home or establishment.
Sec. 10. Chapter 449 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Day care facility for adults means an establishment operated and maintained for the purpose of providing care during the day on a temporary or permanent basis for ambulatory aged or infirm persons.
Sec. 11. NRS 449.001 is hereby amended to read as follows:
449.001 As used in NRS 449.001 to 449.248, inclusive, and section 10 of this act, unless the context otherwise requires, the words and terms defined in NRS 449.002 to 449.018, inclusive, and section 10 of this act, have the meanings ascribed to them in those sections.
Sec. 12. NRS 449.005 is hereby amended to read as follows:
449.005 1. Group care facility means an establishment operated and maintained for the purpose of furnishing food, shelter and personal care or services other than nursing care to:
[1.] (a) Four or more ambulatory aged, infirm, mentally retarded or handicapped persons unrelated to the person operating the facility; or
[2.] (b) Four or more females during pregnancy or after delivery, who are unrelated to the person operating the facility.
2. The term does not include any establishment which provides care only during the day.
Sec. 13. NRS 449.007 is hereby amended to read as follows:
449.007 Health and care facility includes alcohol or drug treatment facility, ambulatory surgical center, day care facility for adults, group care facility, home health agency, intermediate care facility, skilled nursing facility, hospice and hospital.
Sec. 14. 1. Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1983.
2. Section 9 of this act shall become effective at 12:02 a.m. on July 1, 1983.
________
κ1983 Statutes of Nevada, Page 1658κ
Assembly Bill No. 678Committee on Ways and Means
CHAPTER 562
AN ACT relating to executive boards and commissions; resolving conflicts with Assembly Bill No. 667; 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. Section 8 of A.B. 667 of this session is hereby amended to read as follows:
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. Meetings of the board for the purpose of considering applications for clemency [must] may be held semiannually or oftener, on such date 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. 2. Section 9 of A.B. 667 of this session is hereby amended to read as follows:
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] The application must be made on [forms] a form prescribed by the board
[from time to time] 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 [must] may 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.
κ1983 Statutes of Nevada, Page 1659 (CHAPTER 562, AB 678)κ
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. 404 of this session.
Sec. 3. This act shall become effective at 12:02 a.m. on July 1, 1983.
________
Assembly Bill No. 455Committee on Government Affairs
CHAPTER 563
AN ACT relating to local government purchasing; raising the threshold for competitive bidding; 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 332.035 is hereby amended to read as follows:
332.035 1. Except as otherwise provided by 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] $10,000 or less.
(b) If the estimated amount required to perform the contract is more than [$2,500] $5,000 but not more than [$5,000.] $10,000, 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.
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 332.045 is hereby amended to read as follows:
332.045 1. Except as otherwise provided [by law,] in a specific statute, the governing body or its authorized representative shall advertise all contracts where the estimated aggregate amount required to perform the contract exceeds [$5,000] $10,000 at least once and not less than 7 days before opening of bids.
2. Such advertisement must be by notice to bid to be published in a newspaper published and having general circulation within the county wherein the local government, or a major potion thereof, is situated.
κ1983 Statutes of Nevada, Page 1660 (CHAPTER 563, AB 455)κ
a newspaper published and having general circulation within the county wherein the local government, or a major potion thereof, is situated. If no such newspaper is published in the county, then publication must be in any newspaper published in the state having general circulation in the county.
3. Such notice must state:
(a) The nature, character or object of the contract.
(b) If plans and specifications are to constitute part of the contract, where [such] the plans and specifications may be seen.
(c) The time and place where bids will be received and opened.
(d) Such other matters as may properly pertain to giving notice to bid.
Sec. 3. NRS 332.125 is hereby amended to read as follows:
332.125 1. [Except as otherwise provided by law, a] A governing body or its authorized representative may let a contract for the purchase of books, library materials or subscriptions of any nature without advertising if:
(a) The estimated amount is greater than [$2,500;] $10,000;
(b) Written requests for bids have been solicited from persons who are capable of performing the contract; and
(c) All bids received are opened publicly at a time and place set by the governing body or its authorized representative.
2. Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids.
Sec. 4. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1983.
________
Assembly Bill No. 612Committee on Government Affairs
CHAPTER 564
AN ACT relating to Washoe County; requiring negotiations between the local governments and the ditch companies concerning maintenance of ditches; 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. 1. The board of county commissioners of Washoe County and the governing bodies of the cities and towns within Washoe County shall enter into negotiations with local ditch companies to obtain agreements concerning the maintenance of ditches, the use of ditches for storm drainage, liability for damages associated with ditches, and other matters regarding ditches.
2. The negotiations required pursuant to section 1 must not affect the existing property rights of ditch companies.
κ1983 Statutes of Nevada, Page 1661 (CHAPTER 564, AB 612)κ
3. Any agreement obtained pursuant to this act must be reevaluated by the parties if a local government considers urban development of an area affected by the agreement.
4. Within budgetary limitations and upon request, state agencies shall assist local governments in carrying out agreements reached pursuant to this act.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 631Committee on Government Affairs
CHAPTER 565
AN ACT relating to towns; limiting the option to establish a town board form of government to towns in smaller counties; 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 269.011 is hereby amended to read as follows:
269.011 The provisions of NRS 269.016 to 269.022, inclusive, and 269.024 to 269.0248, inclusive, apply to each unincorporated town in a county having a population of less than [250,000] 100,000 which has not elected to accept the provisions of the Unincorporated Town Government Law.
Sec. 2. NRS 269.0165 is hereby amended to read as follows:
269.0165 1. A town board form of government may be adopted by means of initiative petition of the residents of the town.
2. The procedures established by NRS 295.085 to 295.125, inclusive, for the adoption of county ordinances by initiative petition must be followed by the residents and each document of the petition must set forth briefly the proposal to establish a town board form of government. The election required to be held if the proposal is not adopted by the board of county commissioners must be held not less than 30 days nor more than 60 days after the date of the final board vote thereon.
3. Members of the town board [shall] must be appointed and elected as provided in:
(a) NRS 269.017, if the proposal to adopt the town board form of government is approved by the board of county commissioners; or
(b) NRS 269.0171, if the proposal is submitted to the electors for their approval.
[4. This section does not apply to any county having a population of 100,000 or more.]
κ1983 Statutes of Nevada, Page 1662 (CHAPTER 565, AB 631)κ
Sec. 3. NRS 269.530 is hereby amended to read as follows:
269.530 The provisions of the Unincorporated Town Government Law apply:
1. To each unincorporated town in any county having a population of [250,000] 100,000 or more.
2. To each unincorporated town in any other county, upon the passage of an ordinance adopting the Unincorporated Town Government Law by the board of county commissioners.
________
Assembly Bill No. 369Committee on Government Affairs
CHAPTER 566
AN ACT relating to the department of transportation; changing the qualifications of the director and deputy director; establishing the qualifications of the chief engineer; 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 408.111 is hereby amended to read as follows:
408.111 1. The department consists of a director, a deputy director , a chief engineer and the following divisions:
(a) Administrative division.
(b) Operations division.
(c) Engineering division.
(d) Planning division.
2. The head of a division is an assistant director. Assistant directors are in the classified service of the state.
Sec. 2. NRS 408.163 is hereby amended to read as follows:
408.163 The director:
1. Is in the unclassified service of the state.
2. [Must be a registered engineer.] May hold a masters degree in public or business administration, hold the degree of bachelor of science in civil, structural, mechanical or industrial engineering, or be a registered professional engineer.
3. Must have had at least 5 years of responsible administrative experience in public or business administration . [or must]
4. Must possess broad [management] skills as a manager in areas related to the functions of [the agencies composing] the department.
Sec. 3. NRS 408.178 is hereby amended to read as follows:
408.178 1. The deputy director:
[1.] (a) Is in the unclassified service of the state.
[2.] (b) Must [have had at least 5 years of responsible administrative experience in public administration, business administration, engineering or a related field, or 3 years of qualifying experience if he is a registered professional engineer.]
κ1983 Statutes of Nevada, Page 1663 (CHAPTER 566, AB 369)κ
is a registered professional engineer.] hold a masters degree in public or business administration, hold the degree of bachelor of science in civil, structural, mechanical or industrial engineering, or be a registered professional engineer.
(c) Must have at least 2 years of administrative experience as the assistant director, the chief engineer, or the head of an engineering or planning division of the department, or have equivalent experience.
2. The chief engineer:
(a) Is in the classified service of the state.
(b) Must be a registered professional engineer.
(c) Except as otherwise provided in subsection 3, must have at least 3 years of experience as the final engineering authority for a states agency which has duties similar to those of the department.
3. If the director or deputy director is a registered professional engineer, he may also act as the departments chief engineer.
________
Assembly Bill No. 548Committee on Government Affairs
CHAPTER 567
AN ACT relating to county fair and recreation boards; changing the composition of the boards for certain counties; 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 244A.601 is hereby amended to read as follows:
244A.601 1. In any county having a population of 100,000 or more, and less than 250,000, the county fair and recreation board consists of [nine] 11 members who are appointed as follows:
(a) Two members, by the board of county commissioners.
(b) Two members, by the governing body of the largest incorporated city in the county.
(c) One member, by the governing body of the next largest incorporated city in the county.
(d) Except as provided in subsection 2, [four] six members, by the members appointed pursuant to paragraphs (a), (b) and (c), from [lists of three nominees] a list of at least one nominee for each position submitted by the chamber of commerce of the largest incorporated city in the county. [The lists must respectively include nominees who are actively engaged in:
(1) Resort hotel business.
(2) Motel business.
(3) Banking or other financial occupations.
(4) General business or commerce.] If the members entitled to vote find the nominees on the list unacceptable, they shall request a new list of at least one nominee for each position.
κ1983 Statutes of Nevada, Page 1664 (CHAPTER 567, AB 548)κ
vote find the nominees on the list unacceptable, they shall request a new list of at least one nominee for each position. The members entitled to vote shall select:
(1) One member who is a representative of airlines.
(2) One member who is a representative of motel operators.
(3) One member who is a representative of banking or other financial interests.
(4) One member who is a representative of other business or commercial interests.
(5) Two members of the association of gaming establishments whose membership collectively paid the most gross revenue fees to the state pursuant to NRS 463.370 in the county in the preceding year. If there is no such association, the two appointed members must be representatives of gaming.
2. The terms of members appointed pursuant to paragraphs (a), (b) or (c) of subsection 1 [shall be] are coterminous with their terms of office. [Of the members first] The members appointed pursuant to paragraph (d) of subsection 1 [, two members shall be appointed for terms of 1 year and two members shall be appointed for terms of 2 years. Thereafter such members shall] must be appointed for 2-year terms. Any vacancy occurring on the board must be filled by the authority entitled to appoint the member whose position is vacant. Each member appointed pursuant to paragraph (d) of subsection 1 may succeed himself only once.
3. If a member ceases to be engaged in the business or occupation which he was appointed to represent, he ceases to be a member, and another person engaged in that business or occupation [shall] must be appointed for the unexpired term.
4. Any member appointed by the board of county commissioners or a governing body of a city shall be a member of the appointing board or body.
________
Assembly Bill No. 683Committee on Ways and Means
CHAPTER 568
AN ACT relating to public works; directing the state board of examiners to issue state general obligation bonds for the purpose of providing fire protection in and about buildings of the University of Nevada System and other state buildings; 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 state board of examiners shall issue general obligation bonds of the State of Nevada to provide the money necessary to carry out a program of capital improvements, including construction, reconstruction and installations for fire protection in buildings of the University of Nevada System and other state buildings, but not more than $2,207,710 in face amount.
κ1983 Statutes of Nevada, Page 1665 (CHAPTER 568, AB 683)κ
carry out a program of capital improvements, including construction, reconstruction and installations for fire protection in buildings of the University of Nevada System and other state buildings, but not more than $2,207,710 in face amount. The bonds may be issued at one time or from time to time.
Sec. 2. The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds under this act.
Sec. 3. The 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. 4. The proceeds of the bonds issued under section 1 of this act are hereby allocated for the following projects numbered and described in the executive budget for fiscal years 1983-84 and 1984-85 or otherwise described as follows:
1. Construction, reconstruction or installations for fire protection for state buildings except that only buildings which contain permanent accommodations for sleeping are included.
2. Construction, reconstruction or installations for fire protection for the University of Nevada System except that only buildings which contain permanent accommodations for sleeping are included.
________
Assembly Bill No. 636Committee on Commerce
CHAPTER 569
AN ACT relating to the rental of individual spaces for the storage of personal property; providing for the attachment of a lien for the rent or other charges on those spaces; 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 108 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 18, inclusive, of this act.
Sec. 2. As used in sections 2 to 18, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Facility means real property divided into individual spaces for storing personal property which are rented or leased to individual occupants and to which the individual occupant has access. The term does not include a garage or storage area in a private residence.
κ1983 Statutes of Nevada, Page 1666 (CHAPTER 569, AB 636)κ
Sec. 4. Occupant includes a person, his sublessee, successor or assignee who is entitled to the exclusive use of a space for storage at a facility pursuant to a rental agreement.
Sec. 5. Owner includes a lessor, operator or other person authorized by the owner to manage a facility, enter into rental agreements with occupants and collect rent from occupants.
Sec. 6. Personal property means any property not affixed to land and includes goods, merchandise, furniture and household items.
Sec. 7. Rental agreement means any written agreement or lease establishing or modifying the terms, conditions or rules concerning the use and occupancy of an individual space in a facility.
Sec. 8. 1. No occupant may use a facility for a residence.
2. A facility shall not be deemed to be a warehouse or a public utility.
3. If an owner of a facility issues a warehouse receipt, bill of lading or other document of title for the personal property stored in the facility, the owner and occupant are subject to the provisions of NRS 104.7101 to 104.7603, inclusive, and the provisions of sections 2 to 18, inclusive, of this act do not apply.
Sec. 9. 1. The owner of a facility and his heirs, assignees or successors have a lien on all personal property located at the facility for the rent, labor or other charges incurred by the owner pursuant to a rental agreement and for those expenses necessarily incurred by the owner to preserve, sell or otherwise dispose of the personal property.
2. Any lien created by a document of title for a motor vehicle or boat has priority over a lien attaching to that motor vehicle or boat pursuant to sections 2 to 18, inclusive, of this act.
Sec. 10. 1. Each rental agreement must be in writing and must contain a statement that the occupants personal property will be subject to a claim for a lien and may be sold to satisfy that lien if the rent or other charges described in the rental agreement remain unpaid for 14 consecutive days.
2. Sections 2 to 18, inclusive, of this act, do not apply and the lien for charges for storage does not attach unless the rental agreement contains a space for the occupant to provide the name and address of an alternative person to whom the notices under those sections may be sent. The occupants failure to provide an alternative address does not affect the owners remedies under those sections.
3. The parties may agree in the rental agreement to additional rights, obligations or remedies other than those provided by sections 2 to 18, inclusive, of this act. The rights provided in those sections are in addition to any other rights of a creditor against his debtor.
Sec. 11. 1. If any charges for rent or other items owed by the occupant remain unpaid for 14 days or more, the owner may terminate the occupants right to use his individual space for storage at the facility by sending a notice by certified mail to the occupant, at his last address and to the alternative address provided by the occupant in the rental agreement.
κ1983 Statutes of Nevada, Page 1667 (CHAPTER 569, AB 636)κ
address and to the alternative address provided by the occupant in the rental agreement. The notice must contain:
(a) An itemized statement of the amount owed by the occupant at the time of the notice and the date when the amount became due;
(b) The name, address and telephone number of the owner or his agent;
(c) A statement that the occupants right to use the space for storage will terminate on a specific date not less than 14 days after the date the notice is mailed unless the occupant pays the amount owed to the owner; and
(d) A statement that upon the termination of the occupants right to occupy the space and after the date specified in the notice, an owners lien pursuant to section 9 of this act, will be imposed.
2. For the purposes of this section, last known address means the address provided by the occupant in the most recent rental agreement between the owner and occupant, or the address provided by the occupant in a written notice sent to the owner with a change of the occupants address subsequent to the execution of the rental agreement.
Sec. 12. 1. After the notice of the lien is mailed by the owner, if the occupant fails to pay the total amount due by the date specified in the notice, the owner may:
(a) Deny the occupant access to his space for storage; and
(b) Enter the space and remove the personal property within it to a safe place.
2. The owner shall send the occupant a notice of a sale to satisfy the lien by certified mail to the occupant at his last known address and to the alternative address provided by the occupant in the rental agreement. The notice must contain the following statements, that the:
(a) Occupant may no longer use the space for storage and no longer has access to his personal property stored therein;
(b) Personal property of the occupant is subject to a lien and the amount of the lien;
(c) Personal property will be sold to satisfy the lien on a date specified in the notice, not less than 14 days after the date the notice was mailed, unless the total amount of the lien is paid or the occupant executes and returns by certified mail, the declaration in opposition to the sale; and
(d) Proceeds of the sale over the amount of the lien and the costs of the sale must be retained by the owner and may be reclaimed by the occupant or his authorized representative at any time up to 1 year from the date of the sale.
3. The notice of the sale must also contain a blank copy of a declaration of opposition to the sale to be executed by the occupant if he wishes to do so.
Sec. 13. The occupant may prevent a sale of the personal property to satisfy the lien if he executes a declaration of opposition to the sale under penalty of perjury and returns the declaration to the owner by certified mail.
κ1983 Statutes of Nevada, Page 1668 (CHAPTER 569, AB 636)κ
under penalty of perjury and returns the declaration to the owner by certified mail. The declaration must contain the following:
1. The name, address and signature of the occupant;
2. The location of the personal property which is to be sold to satisfy a lien;
3. The date the declaration was executed by the occupant; and
4. A statement that:
(a) The occupant has received the notice of the sale to satisfy the lien;
(b) He opposes the sale of the property; and
(c) He understands that the owner may commence an action for the amount of the lien and the costs of the action.
Sec. 14. 1. If the declaration in opposition to the lien sale executed by the occupant is not received by the date of the sale specified in the notice mailed to the occupant, the owner may sell the property.
2. After the time specified in the notice of the sale has passed, the owner shall advertise the sale in a newspaper of general circulation in the judicial district where the sale is to be held. The advertisement must contain:
(a) A general description of the personal property to be sold;
(b) The name of the occupant;
(c) The number of the individual space for storage at the facility where the personal property was stored; and
(d) The name and address of the facility.
3. If there is no newspaper of general circulation in the judicial district where the sale is to be held, the advertisement must be posted 10 days before the sale in at least six conspicuous places near the place of the sale.
4. The sale must be conducted in a commercially reasonable manner. After deducting the amount of the lien and the costs of the sale, the owner shall retain any excess proceeds from the sale on the behalf of the occupant.
5. The occupant or any person authorized by the occupant or by an order of the court, may claim the excess proceeds or the portion of the proceeds necessary to satisfy the persons claim at any time within 1 year after the date of the sale. After 1 year, the owner shall pay any proceeds remaining from the sale to the treasurer of the county where the sale was held for deposit in the general fund of the county.
Sec. 15. 1. Any person who has a security interest in the personal property perfected pursuant to NRS 104.901 to 104.9507, inclusive, may claim the personal property which is subject to the security interest and to the lien for storage charges by paying the amount due, as specified in the preliminary notice of the lien, for the storage of the property, if no declaration in opposition to the sale to satisfy the lien has been executed and returned by the occupant to the owner.
2. Upon payment of the total amount due pursuant to this section, the owner shall deliver the personal property subject to the security interest to the person paying the amount of the owners lien.
κ1983 Statutes of Nevada, Page 1669 (CHAPTER 569, AB 636)κ
interest to the person paying the amount of the owners lien. The owner is not liable to any person for any action taken pursuant to this section if the owner complied with the provisions of sections 2 to 18, inclusive, of this act.
Sec. 16. Before the sale to satisfy the lien, any person claiming an interest in the personal property may pay the amount necessary to satify the lien and the reasonable expenses incurred by the owner to protect his lien. If this is done, the personal property must not be sold, but the owner shall retain the property pending an order by a court which directs the disposition of the property.
Sec. 17. 1. If the occupant signs, and returns to the owner, the declaration in opposition to the sale, the owner may commence an action in any court of competent jurisdiction to enforce his lien.
2. If, after the action to enforce the lien, the owner obtains a judgment against the occupant for the amount of the lien, the owner may enforce the judgment by a sale of the property conducted in a commercially reasonable manner more than 10 days after the notice of the entry of judgment has been filed with the court, unless within that time the occupant pays the amount of the judgment.
3. The occupant may stay the enforcement of the judgment pending an appeal by posting with the court which entered the judgment, a bond in an amount equal to 1.5 times the amount of the judgment. If the occupant posts such a bond, the court may order the owner to return the personal property to the occupant.
Sec. 18. Any person who purchases the personal property in good faith at a sale to satisfy the lien or a sale to enforce a judgment on a lien takes the property free of any interests of the occupant, even though the owner who conducted the sale may have failed to comply with the provisions of sections 2 to 18, inclusive, of this act.
Sec. 19. 1. Sections 2 to 18, inclusive, of this act apply only to rental agreements entered into after July 1, 1983.
2. Any rental agreement entered into before July 1, 1983, which is not extended or renewed thereafter, and the rights, obligations and remedies provided by it, remain valid and may be enforced or terminated pursuant to its terms or as provided by the laws of this state at the time the agreement was made, extended or renewed if those acts occurred before July 1, 1983.
________
κ1983 Statutes of Nevada, Page 1670κ
Senate Bill No. 467Committee on Government Affairs
CHAPTER 570
AN ACT relating to county hospitals; expanding the class of counties authorized to issue, without an election, special obligation securities for hospital projects; 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 450.290 is hereby amended to read as follows:
450.290 1. Subject to the provisions of NRS 450.010 to 450.510, inclusive, for any hospital project stated in a bond question approved as provided in NRS 350.070, the board of county commissioners, at any time, in the name and on the behalf of the county, may issue:
(a) General obligation bonds, payable from taxes; and
(b) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of the hospital facilities, and, if so determined by the board of county commissioners, further secured by a pledge of gross or net revenues derived from any other income-producing project of the county or from any license or other excise taxes levied by the county for revenue, as may be legally made available for their payment.
2. The board of county commissioners of any county , [having a population of 250,000 or more,] in the name and on behalf of the county, may issue, for any hospital project, without the securities being authorized at any election, special obligation municipal securities payable solely from net revenues or gross revenues derived from the operation of hospital facilities.
________
Senate Bill No. 220Committee on Judiciary
CHAPTER 571
AN ACT relating to criminal procedure; giving the state the right to demand a trial within 60 days after the arraignment unless a delay is required; providing that a 2-year limit for a motion for a new trial on the ground of newly discovered evidence commences with the verdict or finding of guilt instead of with final judgment; 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 174 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The state, upon demand, has the right to a trial of the defendant within 60 days after his arraignment.
κ1983 Statutes of Nevada, Page 1671 (CHAPTER 571, SB 220)κ
within 60 days after his arraignment. The court may postpone the trial if:
1. It finds that more time is needed by the defendant to prepare his defense; or
2. The number of other cases pending in the court prohibits the acceptance of the case for trial within that time.
Sec. 2. NRS 176.515 is hereby amended to read as follows:
176.515 1. The court may grant a new trial to a defendant if required as a matter of law or on the ground of newly discovered evidence.
2. If trial was by the court without a jury the court may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.
3. A motion for a new trial based on the ground of newly discovered evidence may be made only [before or] within 2 years after [final judgment, but if an appeal is pending the court may grant the motion only on remand of the case.] the verdict or finding of guilt.
4. A motion for a new trial based on any other grounds [shall] must be made within 7 days after verdict or finding of [guilty] guilt or within such further time as the court may fix during the 7-day period.
Sec. 3. NRS 178.594 is hereby amended to read as follows:
178.594 The issues on the calendar must be disposed of in the following order, unless for good cause the court [shall direct an action to be tried out of its order:] directs an action to be tried in a different order:
1. Prosecutions for felony, when the defendant is in custody.
2. Prosecutions for misdemeanor, when the defendant is in custody.
3. Prosecutions in which the state, upon determination that the physical, emotional or mental condition of the victim of, or a material witness to, an alleged felony or gross misdemeanor is deteriorating because of his age, an illness or an injury to himself or his spouse, has demanded a trial within 60 days after the arraignment of the person accused of the felony or gross misdemeanor pursuant to section 1 of this act.
[3.] 4. Prosecutions for felony, when the defendant is on bail.
[4.] 5. Prosecutions for misdemeanor, when the defendant is on bail.
________
κ1983 Statutes of Nevada, Page 1672κ
Senate Bill No. 375Senators Foley, Ashworth, Blakemore, Faiss, Gibson, Glaser, Glover, Hernstadt, Horn, Jacobsen, Lamb, Mello, Raggio, Robinson, Ryan, Townsend and Wilson
CHAPTER 572
AN ACT relating to parole; creating a legislative committee to study the function of parole in the system of criminal justice and providing for its organization, powers and 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. 1. The legislative committee to study the abolition of parole, consisting of six voting members and seven nonvoting members, is hereby created.
2. The following persons shall serve as voting members of the committee:
(a) Three members of the senate of the 62nd session of the Nevada legislature, appointed by the majority leader of the senate; and
(b) Three members of the assembly of the 62nd session of the Nevada legislature, appointed by the speaker of the assembly.
3. The following persons shall serve as nonvoting members of the committee:
(a) The chief parole and probation officer;
(b) A district judge;
(c) The district attorney of a county of this state;
(d) A representative of an agency of law enforcement of this state;
(e) An attorney in private practice who specializes in defending criminal actions;
(f) A member of the state board of parole commissioners; and
(g) The director of the department of prisons.
4. The chairman of the legislative commission shall designate one of the members as chairman of the committee.
5. The director of the legislative counsel bureau shall provide the necessary professional staff and a secretary for the committee.
6. The voting members of the committee are entitled to receive a salary for each day or portion of a day of attendance at a meeting of the committee in an amount equal to the salary established for the members of the legislative commission and the travel expenses and per diem allowance provided by law for members of the standing committees of the legislature.
Sec. 2. The committee shall study the benefits, detriments and costs of abolishing parole, including without limitation:
1. The operation, composition, method of appointment and the powers and duties of the state board of parole commissioners;
2. The operation, composition, powers and duties of the department of parole and probation;
κ1983 Statutes of Nevada, Page 1673 (CHAPTER 572, SB 375)κ
3. The criteria used to grant parole;
4. Credits on term of imprisonment;
5. The length of time offenders must serve before becoming eligible for parole;
6. The effects that modification or abolition of parole might have on the system of criminal justice in this state;
7. The changes which may be needed in the laws governing sentencing if parole were modified or abolished, including changes in the use of guidelines, sentencing for fixed terms and the creation of a commission on sentencing; and
8. The fiscal effects of abolition or any proposed modification of parole upon:
(a) The department of prisons;
(b) The department of parole and probation; and
(c) The state board of parole commissioners.
Sec. 3. The committee may hold public hearings at such times and places as it deems necessary to afford the general public and representatives of governmental agencies and of organizations interested in the subject of parole an opportunity to present relevant information and recommendations.
Sec. 4. All agencies of the executive and judicial departments of Nevada state government and the political subdivisions of the state involved in the administration of criminal justice shall cooperate with the committee and shall furnish to the committee all information and material which the committee requests to conduct its study and prepare its report.
Sec. 5. The committee may accept and use all gifts and grants which it receives to further its work.
Sec. 6. The committee shall submit to the legislative commission a report of its findings and recommendations for legislation before the commencement of the 63rd session of the legislature.
Sec. 7. This act expires by limitation on July 1, 1984.
________
κ1983 Statutes of Nevada, Page 1674κ
Assembly Bill No. 475Assemblymen Getto, Dini, Redelsperger, Thompson, Bergevin, Marvel, Bilyeu, Jeffrey, Craddock, Joerg and Thomas
CHAPTER 573
AN ACT relating to water; requiring the state engineer to grant certain requests for waiver of certain requirements regarding permits for wells; 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 534 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The state engineer shall, upon written request and receipt of a written agreement between the affected property owners, waive the requirements of this chapter regarding permits for the use and development of underground water from a well if:
(a) The well existed on July 1, 1983;
(b) It is used solely for domestic purposes by not more than three single-family dwellings; and
(c) Each of those dwellings does not draw more than 1,800 gallons of water in a day.
2. The state engineer may require an owner who has been granted such a waiver to apply for a permit if one or more of the dwellings is drawing more than 1,800 gallons of water in a day.
3. This section does not apply to any ground water basin for which the state engineer has in effect on July 1, 1983, a procedure of issuing revocable permits.
________
Assembly Bill No. 553Committee on Natural Resources, Environment and Agriculture
CHAPTER 574
AN ACT relating to veterinary medicine; authorizes the director of the division of animal industry of the state department of agriculture to certify persons as lay teachers; allowing certified lay teachers to instruct stockmen in practical veterinary skills; 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 638 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The director of the division of animal industry of the state department of agriculture may certify a person as a lay teacher of practical veterinary skills in accordance with the regulations of the Nevada state board of veterinary medical examiners.
κ1983 Statutes of Nevada, Page 1675 (CHAPTER 574, AB 553)κ
practical veterinary skills in accordance with the regulations of the Nevada state board of veterinary medical examiners.
2. The board shall adopt regulations setting forth standards and qualifications for such certification and the required practical veterinary skills and protocols, including practical diagnosis and treatment, life saving techniques and the use of medication and supplies.
Sec. 2. NRS 638.150 is hereby amended to read as follows:
638.150 Nothing in this chapter : [shall be construed to apply:]
1. [To] Applies to gratuitous castrating, dehorning or vaccinating domesticated animals nor to the gratuitous treatment of diseased animals by friends or neighbors of the owner thereof.
2. [To debar] Debars any veterinarian in the employ of the United States Government or the State of Nevada from performing official duties necessary for the conduct of the business of the United States Government or the State of Nevada, or a political subdivision thereof, upon which he is assigned.
3. [To] Applies to any veterinarian who [shall be] is called into the state for consultation by a person licensed to practice under this chapter, or to a locum tenens [not to] whose duties do not exceed 90 days in any 12-month period.
4. [To] Prohibits the giving of advice with respect to or the performance of acts which the board by [rule] regulation has prescribed as accepted [livestock management] practices [.] for management of livestock.
5. [To] Applies to the owner of an animal or to a full-time regular employee of the owner who is caring for and treating an animal which belongs to [such] the owner, except where the ownership of the animal is transferred for the purposes of circumventing this chapter.
6. Applies to the use or employment of a person certified by the director of the division of animal industry of the state department of agriculture as a lay teacher of practical veterinary skills.
Sec. 3. This act shall expire by limitation on July 1, 1985.
________
Assembly Bill No. 642Committee on Transportation (by request)
CHAPTER 575
AN ACT relating to missing persons; transferring records of missing persons and unidentifiable dead bodies to the investigation division of the department of motor vehicles; 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 481 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1983 Statutes of Nevada, Page 1676 (CHAPTER 575, AB 642)κ
1. When a coroner is unable to establish the identity of a dead body by means other than by dental records, he shall have a dental examination of the body made by a dentist. The dentist shall prepare a record of his findings and forward it to the investigation division.
2. The sheriff, chief of police or other law enforcement authority may request the written consent of the next of kin of a person who has been reported to him as missing for 30 days or more to obtain the dental records of the missing person from that persons dentist. After receiving the written consent, the sheriff, chief of police or other law enforcement authority shall obtain the dental records from the dentist and forward them and any other relevant information to the investigation division for comparison with the records sent by the coroners. The sheriff, chief of police or other law enforcement authority shall inform the investigation division when a missing person has been found.
3. The investigation division shall maintain the records and other information forwarded to it under subsections 1 and 2 for the purpose of comparing the records and otherwise assisting in the identification of dead bodies.
Sec. 2. NRS 481.240 is hereby amended to read as follows:
481.240 The chief of the investigation division shall:
1. Furnish services relating to the investigation of crimes, including interrogation with the use of polygraph instruments, upon the request of the attorney general or any sheriff, chief of police or district attorney.
2. Disseminate information relating to the dangers of the use of controlled substances and dangerous drugs.
3. Provide and operate a system of recording all information received by the division relating to persons who have alleged connections with organized crime or have some connection with violations of laws regulating controlled substances or dangerous drugs.
4. Arrange for the purchase of controlled substances and dangerous drugs when such a purchase is necessary in an investigation of offenses relating to controlled substances and dangerous drugs.
5. Procure from law enforcement agencies and other reliable sources information relating to violators of laws which govern controlled substances and dangerous drugs, including information about their character, probable motives, circumstances of arrest, methods of operation and other pertinent information.
6. Enforce the provisions of chapter 453 of NRS.
7. Maintain the records and other information forwarded to the division to assist in locating missing persons or identifying dead bodies.
8. Furnish information relating to any person of whom he maintains a record to any law enforcement agency.
Sec. 3. NRS 439.545 is hereby repealed.
________
κ1983 Statutes of Nevada, Page 1677κ
Senate Bill No. 475Senators Wagner, Mello, Wilson, Foley, Horn, Neal and Raggio
CHAPTER 576
AN ACT relating to cancer; requiring hospitals to report certain information concerning cases of cancer to the health division of the department of human resources; providing for use of the information to advance research, education and treatment; providing for confidentiality; providing a penalty; 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 457 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. 1. The state health officer shall, pursuant to regulations of the state board of health, establish and maintain a system for the reporting of information on cancer.
2. The system must include a record of the cases of cancer which occur in this state along with such information concerning the cases as may be appropriate to form the basis for:
(a) Conduct of comprehensive epidemiologic surveys of cancer and cancer related diseases in the state; and
(b) Evaluation of the appropriateness of measures for prevention and control of cancer.
Sec. 3. The state board of health shall by regulation:
1. Prescribe the form and manner in which the information on cases of cancer must be reported;
2. Specify the malignant neoplasms which must be reported;
3. Prescribe other information to be included in each such report, for example, the patients name and address, the pathological findings, the stage of the disease, the environmental and occupational factors, the methods of treatment, the incidence of cancer in the patients family, and the places where the patient has resided; and
4. Establish a protocol for obtaining access to and preserving the confidentiality of the patients records needed for research into cancer.
Sec. 4. 1. The chief administrative officer of each hospital in this state shall make available to the state health officer or his representative the records of the hospital for every case of malignant neoplasms which are specified by the state board of health as subject to reporting.
2. The health division shall abstract from hospital records throughout the state such information as is required by the state board of health.
3. The board shall by regulation fix a fee which must be assessed to the hospital for each case so abstracted.
Sec. 5. 1. The health division shall publish reports based upon the material obtained pursuant to sections 2 to 4, inclusive, of this act and shall make other appropriate uses of the material to advance research and education concerning cancer and improve treatment of the disease.
κ1983 Statutes of Nevada, Page 1678 (CHAPTER 576, SB 475)κ
and shall make other appropriate uses of the material to advance research and education concerning cancer and improve treatment of the disease.
2. The health division shall provide any qualified researcher with data from the reported information upon:
(a) The researchers compliance with appropriate conditions as established under the boards regulations; and
(b) His payment of a fee to cover the cost of providing the data.
Sec. 6. The health division shall not reveal the identity of any patient, physician or hospital which is involved in the reporting required by section 4 of this act unless the patient, physician or hospital gives his or its prior written consent to such a disclosure.
Sec. 7. No person or organization providing information to the health division in accordance with sections 2 to 4, inclusive, of this act may be held liable in a civil or criminal action for divulging confidential information unless he or it has done so in bad faith or with malicious purpose.
Sec. 8. Any person who violates section 4 of this act is guilty of a misdemeanor.
Sec. 9. NRS 457.070 is hereby amended to read as follows:
457.070 The health division shall:
1. Adopt regulations for the administration of [this chapter.] NRS 457.010 to 457.220, inclusive.
2. Investigate violations of this chapter.
3. Investigate and test the content, method of preparation and use of any drug, medicine, compound or device proposed to be used or used by any person or association in the state for the diagnosis, treatment or cure of cancer.
4. Make findings of fact upon completion of any testing or investigation authorized by this chapter.
5. Hold hearings for the purpose of determining whether any of the provisions of this chapter have been violated.
6. Contract with independent scientific consultants for specialized services and advice.
________
κ1983 Statutes of Nevada, Page 1679κ
Senate Bill No. 43Senators Jacobsen, Lamb, Glaser and Blakemore
CHAPTER 577
AN ACT relating to sales of land; requiring disclosure of any agricultural activities or conditions which would adversely affect residents on the land; 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 119.140 is hereby amended to read as follows:
119.140 Any person or broker proposing to offer or sell any subdivision or lot, parcel, unit or interest therein in this state shall first submit to the division:
1. The name and address of each person owning or controlling an interest of 10 percent or more.
2. The name, principal occupation and address of every officer, director, partner, owner, associate or trustee of the subdivider.
3. The legal description and area of lands.
4. A true statement of the condition of the title to the land, particularly including all encumbrances thereon.
5. A true statement of the terms and conditions on which it is intended to dispose of the land [, together with] and copies of the instruments which will be delivered to a purchaser to evidence his interest in the subdivision and of the contracts and other agreements which a purchaser will be required to agree to or sign.
6. A true statement of the provisions, if any, that have been made for public utilities in the proposed subdivision, including water, electricity, gas, telephone and sewerage facilities.
7. A true statement of the use [or uses] for which the proposed subdivision will be offered.
8. A true statement of the provisions, if any, limiting the use or occupancy of the parcels in the subdivision.
9. A true statement of the maximum depth of fill used, or proposed to be used on each lot, and a true statement on the soil conditions in the subdivision supported by engineering reports showing the soil has been, or will be, prepared in accordance with the recommendations of a registered civil engineer.
10. A true statement of the amount of indebtedness which is a lien upon the subdivision or any part thereof, and which was incurred to pay for the construction of any onsite or offsite improvement, or any community or recreational facility, and the names and addresses of the holders of such indebtedness together with an indication of their relationship, if any, to the owner and subdivider.
11. A true statement or reasonable estimate, if applicable, of the amount of any indebtedness which has been or is proposed to be incurred by an existing or proposed special district, entity, taxing area or assessment district, within the boundaries of which the subdivision, or any part thereof, is located, and which is to pay for the construction or installation of any improvement or to furnish community or recreational facilities to such subdivision, and which amounts are to be obtained by ad valorem tax or assessment, or by a special assessment or tax upon the subdivision, or any part thereof.
κ1983 Statutes of Nevada, Page 1680 (CHAPTER 577, SB 43)κ
incurred by an existing or proposed special district, entity, taxing area or assessment district, within the boundaries of which the subdivision, or any part thereof, is located, and which is to pay for the construction or installation of any improvement or to furnish community or recreational facilities to such subdivision, and which amounts are to be obtained by ad valorem tax or assessment, or by a special assessment or tax upon the subdivision, or any part thereof.
12. A true statement describing any agricultural activities or conditions in the area which may adversely affect residents of the subdivision, including any odors, cultivation and related dust, agricultural burning, application of pesticides, or irrigation and drainage.
13. Such other information as the owner, his agent or subdivider may desire to present.
[13.] 14. A completed [license] application for a license in such form and containing such additional information as the division may require on its filing forms.
[14.] 15. The fees prescribed by this chapter.
________
Assembly Bill No. 562Committee on Judiciary
CHAPTER 578
AN ACT relating to testamentary trusts; excluding corporate trustees from the requirement that trustees file intermediate accounts; 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 165.040 is hereby amended to read as follows:
165.040 1. [Within] Except as provided in subsection 3, within 75 days after the expiration of the first year after the first qualifying testamentary trustee was under a duty to file his inventory, as prescribed in NRS 165.030, or, at his election, within 75 days after the expiration of the testamentary trustees [duly adopted] first fiscal year, the testamentary trustee then in office shall file with the district court of the county where the will was admitted to probate an intermediate account under oath covering [such] the year and showing:
(a) The period which the account covers;
(b) The names and addresses of the living beneficiaries known to the trustee, with a statement as to those known to be minors or under legally declared disability , [; and] a description of any possible unborn or unascertained beneficiaries , [;] and the name of the surety or sureties on the trustees bond with the amount of [such] the bond;
(c) In a separate schedule, additions to trust principal during the accounting period with the dates and sources of acquisition , [;]