[Rev. 2/27/2019 1:35:14 PM]
LAWS OF THE STATE OF NEVADA
κ1985 Statutes of Nevada, Page 1κ
LAWS OF THE STATE OF NEVADA
Passed at the
SIXTY-THIRD SESSION OF THE LEGISLATURE
1985
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Senate Bill No. 1Senators Gibson and Raggio
CHAPTER 1
AN ACT making an appropriation to the legislative fund; and providing other matters properly relating thereto.
[Approved January 25, 1985]
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 created pursuant to NRS 218.085 the sum of $2,000,000.
Sec. 2. This act becomes effective upon passage and approval.
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Assembly Bill No. 16Committee on Government Affairs
CHAPTER 2
AN ACT relating to the state motor pool; removing the limit on the maximum amount of money in the fund; and providing other matters properly relating thereto.
[Approved February 22, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 336.110 is hereby amended to read as follows:
336.110 1. The motor pool fund is hereby created as an internal service fund . [in the amount of $9,500.] No money in the fund may revert to the state general fund at any time. Money from the motor pool fund must be paid out on claims as other claims against the state are paid. The claims must be made in accordance with budget and quarterly work allotments and subject to preaudit examination and approval.
2. All operating, maintenance and repair costs for vehicles assigned to the state motor pool must be paid from the motor pool fund and the accounting for depreciation must be accomplished in that fund.
κ1985 Statutes of Nevada, Page 2 (CHAPTER 2, AB 16)κ
to the state motor pool must be paid from the motor pool fund and the accounting for depreciation must be accomplished in that fund.
3. All agencies using vehicles of the state motor pool shall pay a fee for the use and a proportionate share of operational costs in an amount determined by the executive officer. The formula for spreading costs of operation may be adjusted from time to time as may be necessary to replace worn vehicles, pay vehicle costs [,] and defray the costs of motor pool operation . [, and preserve the fund as nearly as practicable at the level of $9,500.]
4. All fees, including amounts on account of depreciation accrued, costs and other money received by the state motor pool, including all proceeds from the sale of vehicles, must be deposited with the state treasurer for credit to the fund.
Sec. 2. The money appropriated by section 14 of chapter 204, Statutes of Nevada 1961, at page 345, and section 2 of chapter 108, Statutes of Nevada 1963, at page 132, reverts to the state general fund on the effective date of this act.
Sec. 3. This act becomes effective upon passage and approval.
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Senate Bill No. 3Committee on Government Affairs
CHAPTER 3
AN ACT relating to revenue bonds for economic development; authorizing cities to issue these bonds at variable rates of interest; and providing other matters properly relating thereto.
[Approved February 22, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 268.534 is hereby amended to read as follows:
268.534 1. The bonds must:
(a) Be authorized by resolution;
(b) Be in such denominations;
(c) Bear such date or dates;
(d) Mature at such time or times not exceeding 40 years from their respective dates;
(e) [Bear interest at such rate or rates;
(f)] Be in such form;
[(g)] (f) Carry such registration privileges;
[(h)] (g) Be executed in such manner;
[(i)] (h) Be payable at such place or places within or without the state; and
[(j)] (i) Be subject to such terms of redemption,
as the authorizing resolution may provide.
2. The resolution may fix a rate or rates of interest, or provide for the determination of the rate or rates from time to time by a designated agent according to a specified standard and procedure.
κ1985 Statutes of Nevada, Page 3 (CHAPTER 3, SB 3)κ
the determination of the rate or rates from time to time by a designated agent according to a specified standard and procedure.
3. The bonds may be sold in one or more series at par, or below or above par, in such manner and for such price or prices as the city [, in its discretion,] determines. As an incidental expense of the project, the city [, in its discretion,] may employ financial and legal consultants in regard to the financing of the project.
[3.] 4. The bonds are fully negotiable under the terms of the Uniform Commercial Code — Investment Securities.
Sec. 2. NRS 268.548 is hereby amended to read as follows:
268.548 1. [Prior to] Before the initial leasing, sale or financing of any project, the governing body shall by resolution determine:
(a) The amount , or reasonably anticipated range of amounts, necessary in each year to pay the principal of and the interest on the first bonds proposed to be issued to finance [such] the project and on any subsequent issues of bonds which may be permitted under the lease, sale or financing and authorizing resolutions pertinent to financings hereunder.
(b) The amount necessary to be paid each year into any reserve funds which the governing body may deem advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project.
(c) The estimated cost of maintaining the project in good repair and keeping it properly insured, unless the terms under which the project is to be leased, sold or financed provide that the lessee, purchaser or obligor shall maintain the project and carry all proper insurance with respect thereto.
2. The determination and findings of the governing body, as required [to be made] by subsection 1, [shall] must be set forth in the resolution under which the proposed bonds are to be issued, but [the foregoing] those amounts need not be expressed in dollars and cents in the lease, agreement of sale or financing agreement and the resolution under which the bonds are [authorized] to be issued, but may be set forth in the form of a formula . [or formulas.]
Sec. 3. This act becomes effective upon passage and approval.
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κ1985 Statutes of Nevada, Page 4κ
Assembly Bill No. 9Assemblymen Swain, Nicholas and Stone
CHAPTER 4
AN ACT relating to taxes ad valorem; correcting an obsolete reference to the former Nevada Art Gallery, Inc.; and providing other matters properly relating thereto.
[Approved February 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.110 is hereby amended to read as follows:
361.110 The buildings, with their furniture and equipment, and the lots of ground on which they stand, used therewith and necessary thereto, of the [Nevada Art Gallery,] Sierra Nevada Museum of Art, Inc., the Young Mens Christian Association, the Young Womens Christian Association, the American National Red Cross or any of its chapters in the State of Nevada, the Salvation Army Corps, the Girl Scouts of America, the Camp Fire Girls, Inc., the Boy Scouts of America and the Sierra Arts Foundation are exempt from taxation; but when any such property is used for purposes other than those of those organizations respectively, and a rent or other valuable consideration is received for its use, the property must be taxed.
Sec. 2. This act becomes effective upon passage and approval.
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Senate Bill No. 60Senators Gibson, Neal, Bilbray, Hickey, Robinson, Horn, Foley, Ryan, Vergiels, OConnell, Rawson, Shaffer, Wilson, Raggio, Jacobsen, Wagner, Mello, Glover, Townsend, Redelsperger and Rhoads
CHAPTER 5
AN ACT relating to a school of engineering at the University of Nevada, Las Vegas; making an appropriation for the construction of this school; directing the state public works board to carry out this project; authorizing the board of regents to accept private donations for the construction or operation of the school; and providing other matters properly relating thereto.
[Approved February 27, 1985]
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 the sum of $14,750,000 to the state public works board for the construction of a building for a school of engineering at the University of Nevada, Las Vegas, and thereafter for the equipment and furnishings for it.
Sec. 2. The state public works board shall carry out this project as provided in chapter 341 of NRS. The board shall ensure that qualified persons are employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the attorney general.
κ1985 Statutes of Nevada, Page 5 (CHAPTER 5, SB 60)κ
Sec. 3. The state public works board may accept bids on the whole or any part of the construction of the building and the equipment and furnishings for it, and may let separate contracts for different and separate portions of the authorized work or a combined contract, if savings will result, to the lowest responsible bidder but any and all bids may be rejected for any good reason.
Sec. 4. The board of regents may accept any gift for the construction, equipment and furnishings for the building and the operation of the school. A gift must be used only for the purposes prescribed by the donor.
Sec. 5. Any money from the appropriation made pursuant to section 1 of this act remaining after the completion of this project reverts to the state general fund.
Sec. 6. This act becomes effective upon passage and approval.
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Senate Bill No. 2Committee on Finance
CHAPTER 6
AN ACT making an appropriation from the fund for the department of minerals for reimbursement of the executive director of the department of minerals and former applicants for that position for interviewing and moving expenses; and providing other matters properly relating thereto.
[Approved March 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the fund for the department of minerals created pursuant to NRS 513.103 the sum of $1,793.33 for the reimbursement of the following persons in the listed amounts for the expenses they incurred in traveling to Nevada in November of 1983 to interview for the position of executive director of the department of minerals:
Gordon Austin................................................................................................... $200.00
James B. Chaney................................................................................................. 439.90
Joseph A. Leisek................................................................................................. 783.93
Jim Shirazi............................................................................................................. 369.50
Sec. 2. There is hereby appropriated from the fund for the department of minerals created pursuant to NRS 513.103 to Richard Reyburn, the executive director of the department of minerals, the sum of $11,017.95 to reimburse him for:
1. The expenses he incurred in November of 1983 in traveling to Nevada to interview for his position;
2. The moving expenses he and his family incurred in January and May of 1984; and
3. The delay in receiving this reimbursement.
Sec. 3. This act becomes effective upon passage and approval.
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κ1985 Statutes of Nevada, Page 6κ
Assembly Bill No. 103Assemblymen Dini, Bergevin, Getto, Marvel and Bilyeu
CHAPTER 7
AN ACT making a supplemental appropriation to the desert research institute of the University of Nevada System for payment of the expenses related to its program for seeding clouds; and providing other matters properly relating thereto.
[Approved March 1, 1985]
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 desert research institute of the University of Nevada System the sum of $120,000 for payment of expenses related to its program for seeding clouds. This appropriation is supplemental to that made by section 26 of chapter 453, Statutes of Nevada 1983, at page 1178.
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 becomes effective upon passage and approval.
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Senate Bill No. 11Committee on Judiciary
CHAPTER 8
AN ACT relating to arrests; defining the hours during which an arrest may not be made without a special endorsement on the warrant; and providing other matters properly relating thereto.
[Approved March 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 171.136 is hereby amended to read as follows:
171.136 1. If the offense charged is a felony or gross misdemeanor, the arrest may be made on any day, and at any time of day or night.
2. If it is a misdemeanor, the arrest cannot be made [at night,] between the hours of 7 p.m. and 7 a.m., except:
(a) Upon the direction of a magistrate, endorsed upon the warrant;
(b) When the offense is committed in the presence of the arresting officer; or
κ1985 Statutes of Nevada, Page 7 (CHAPTER 8, SB 11)κ
(c) When the offense is committed in the presence of a private person and he makes an arrest immediately after the offense is committed.
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Senate Bill No. 158Committee on Human Resources and Facilities
CHAPTER 9
AN ACT relating to public libraries; providing for the establishment of a consolidated library district in certain counties; and providing other matters properly relating thereto.
[Approved March 4, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 379 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. Consolidated library means a library established pursuant to section 7 of this act.
Sec. 3. County library means a library established pursuant to NRS 379.010.
Sec. 4. District library means a library established pursuant to NRS 379.021.
Sec. 5. Public library means a consolidated, county, district, city or town library, a group of libraries which have entered into an interlocal agreement or any other library predominantly supported by public money.
Sec. 6. Town library means a library maintained pursuant to NRS 379.023.
Sec. 7. The trustees of a county library district in any county whose population is 250,000 or more and the governing body of any city within that county may, to establish and maintain a public library, consolidate the city into the county library district.
Sec. 8. 1. After the consolidation of a city into a county library district, the board of county commissioners and the governing body of the city shall each appoint five competent persons who are residents of the new consolidated library district to serve as trustees.
2. The terms of office of the trustees appointed pursuant to subsection 1 are as follows:
(a) Three persons appointed by each governing body must be appointed for terms of 4 years.
(b) Two persons so appointed must be appointed for terms of 2 years. Thereafter the offices of trustees must be filled for terms of 4 years in the order in which the terms expire. No person may be appointed to hold office for more than two consecutive terms.
3. A vacancy in the office of trustee which occurs because of the expiration of the term must be filled by appointment for a term of 4 years.
κ1985 Statutes of Nevada, Page 8 (CHAPTER 9, SB 158)κ
expiration of the term must be filled by appointment for a term of 4 years. A vacancy which occurs other than by expiration of the term must be filled by appointment for the unexpired term.
4. The trustees are entitled to receive a salary of $40 per meeting, but not more than $80 per month, in addition to the travel and subsistence allowances in the same amounts as are provided by law for state officers and employees.
5. The board of county commissioners or governing body of the city, as the case may be, may remove any trustee appointed by it who fails, without good cause, to attend three successive meetings of the trustees.
Sec. 9. The name of any consolidated library district established pursuant to section 7 of this act must be selected by the trustees and include the name of the largest city within the boundaries of the consolidated library district.
Sec. 10. Upon the establishment of a consolidated library district, the board of county commissioners shall, at the next time for levying taxes and in each year thereafter, at the time and in the manner other taxes are levied, levy a tax upon all taxable property in the consolidated library district for the purpose of creating and maintaining a fund known as the fund for the consolidated library.
Sec. 11. All property, money, and contracts of, and appropriations to, the county library district being consolidated become the property, money and contracts of, and appropriations to, the consolidated library district.
Sec. 12. The boundaries of any consolidated library district include all of the area of:
1. The city;
2. The county library district at the time of the establishment of the library district, except for any area annexed before the effective date of this act by another city which has established a city library pursuant to NRS 379.105; and
3. Any other county library district which has merged with the county library district being consolidated.
The boundaries of the consolidated district are not altered by annexations by a city after the effective date of this act.
Sec. 13. NRS 379.005 is hereby amended to read as follows:
379.005 As used in this chapter, unless the context otherwise requires [:
1. County library means a library established pursuant to NRS 379.010.
2. District library means a library established pursuant to NRS 379.021.
3. Public library means a county, district, city or town library, a group of libraries which have entered into an interlocal agreement or any other library predominantly supported by public money.
4. Town library means a library existing pursuant to NRS 379.023.] , the words and terms defined in sections 2 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
κ1985 Statutes of Nevada, Page 9 (CHAPTER 9, SB 158)κ
Sec. 14. NRS 379.0225 is hereby amended to read as follows:
379.0225 1. The [board of] trustees of a consolidated or county library district may propose the issuance of general obligation bonds in an amount not to exceed 10 percent of the total last assessed valuation of the taxable property of the district for the purpose of acquiring, constructing or improving buildings and other real property to be used for library purposes.
2. If the [board desires] trustees decide to propose the issuance of bonds, the proposal must be submitted to the general obligation bond commission of the county in which the district is situated, pursuant to the provisions of NRS 350.001 to 350.006, inclusive. If the commission approves the proposed issuance, the question of issuing the bonds must be submitted to the registered electors of the district in accordance with the provisions of NRS 350.020 to 350.070, inclusive. If a majority of the electors voting on the question favors the proposal, the board of county commissioners shall issue the bonds as general obligations of the consolidated or county library district pursuant to the provisions of the Local Government Securities Law.
Sec. 15. NRS 379.025 is hereby amended to read as follows:
379.025 1. The [library] trustees of any consolidated, county, district, town or other public library, and their successors, shall:
(a) Establish, supervise and maintain a library.
(b) Appoint a librarian.
(c) Hold and possess the property and effects of the library in trust for the public.
(d) In the case of a county library, submit annual budgets to the board of county commissioners, containing detailed estimates of the amount of money necessary for the operation and management of the library for the next succeeding year.
(e) In the case of a consolidated, district or town library, prepare annual budgets in accordance with NRS 354.470 to 354.626, inclusive.
(f) Establish bylaws and regulations for the management of the library and their own management.
(g) Manage all the property, real and personal, of the library.
(h) Acquire and hold real and personal property, by gift, purchase or bequest, for the library.
(i) Administer any trust declared or created for the library.
(j) Maintain or defend any action in reference to the property or affairs of the library.
2. The [library] trustees may:
(a) Make purchases and secure rooms.
(b) Authorize the merger or, subject to the limitations in section 7 of this act, the consolidation of a town or city library with a county library district.
(c) Do all acts necessary for the orderly and efficient management and control of the library.
κ1985 Statutes of Nevada, Page 10 (CHAPTER 9, SB 158)κ
Sec. 16. NRS 379.026 is hereby amended to read as follows:
379.026 1. The [library] trustees of any consolidated, county, district or town library [are authorized to] may establish with the county treasurer, as custodian, a special fund, [which fund shall] to be known as the [county library gift fund, the ..................................... district library gift fund, or the ............................. town library gift fund,] gift fund of the ........................ consolidated library, the gift fund of the county library, the gift fund of the .................. district library or the gift fund of the .................... town library, as the case may be. The [moneys] money in such a fund [shall] must be derived from all or any part of any gift, bequest or devise, including the interest thereon. [Such fund shall] The fund must be a separate and continuing fund and no [moneys in such fund shall revert] money in the fund reverts to the general fund of the county at any time.
2. The [moneys] money in a gift fund of a library [gift fund] may be used for construction of new library buildings, capital improvements to library buildings, special library services [,] or other library purposes. No expenditure from a gift fund of a library [gift fund shall] may be made until authorized by the [library] trustees.
3. The [library] trustees may invest or reinvest all or part of the [moneys] money in the gift fund of a library [gift fund] in any investment authorized for city and county [moneys] money under chapter 355 of NRS.
Sec. 17. NRS 379.027 is hereby amended to read as follows:
379.027 The librarian of any consolidated, county, district or town library shall administer all functions of the library, employ assistants and carry out the policies established by the [library trustees,] trustees of the library, and may recommend policies to the trustees.
Sec. 18. NRS 379.030 is hereby amended to read as follows:
379.030 1. All claims for indebtedness incurred or created by the [library] trustees of any consolidated, county, district or town library must:
(a) Be audited and approved by a majority of the [library] trustees;
(b) Be presented to and acted upon by the board of county commissioners; and
(c) Be paid out of the appropriate library fund in the same manner as claims against the county are presented, acted upon and paid.
2. In no case may any claim except for [library and reading room purposes] a library and reading room be allowed or paid out of the appropriate library fund.
3. Any money remaining in the county library fund on June 30 of any year reverts to the general fund of the county.
Sec. 19. NRS 379.040 is hereby amended to read as follows:
379.040 The library and reading room of any consolidated, county, district or town library [shall] must forever be and remain free and accessible to the public, subject to such reasonable [rules and] regulations as the [library] trustees of the library may adopt.
κ1985 Statutes of Nevada, Page 11 (CHAPTER 9, SB 158)κ
Sec. 20. NRS 379.050 is hereby amended to read as follows:
379.050 1. Whenever a new county library [shall be] is provided for in any county having a population of 15,000 or more persons, the [library] trustees of any district library in the county previously established [are authorized to] may transfer all books, funds, equipment or other property in the possession of such trustees to the new library upon the demand of the [library] trustees of the new library.
2. Whenever there are two or more county library districts in any county having a population of 15,000 or more persons, such districts may merge into one county library district upon approval of the library trustees of the merging districts.
3. Whenever there is a city or a town library located adjacent to a county library district, the city or town library may : [merge]
(a) Merge with the county library district upon approval of the [library] trustees of the merging library and district [.] ; or
(b) Subject to the limitations in section 7 of this act, consolidate with the county library district.
4. All expenses incurred in making such transfer or merger [shall] must be paid out of the general fund of the new library.
Sec. 21. NRS 379.060 is hereby amended to read as follows:
379.060 1. The [library] trustees of any consolidated, county or district library shall cooperate with and enter into contracts with the board of county commissioners of any other county, or with any city or town in any other county, or with any school district, when necessary to secure to the residents of [such] the other county, or to the residents of [such] the city or town in [such] the other county, or to the pupils of the school district, the same privileges of the consolidated, county or district library as are granted to or enjoyed by the residents of the county or consolidated or county library district, or such privileges as may be agreed upon in the contract. The consideration agreed upon must be specified in the contract, and must be paid into the consolidated, county or district library fund or a special fund for library purposes of the county providing the service.
2. Any contracting county, city, town or school district may terminate any [such] contract which may be entered into upon such terms as may be agreed upon by the parties thereto.
3. Any county, city or town wherein a library has been established may cooperate with and contract with the [library] trustees of any consolidated, county, district or town library to obtain for the residents of [such] the county, city or town an increase in library services or such privileges as may be agreed upon.
4. The [library] trustees of any consolidated, county or district library may cooperate with and contract with the board of county commissioners of any other county, relative to any phase of library service.
5. Any county, city or town contracting for [such] library service may at any time establish a library for the use of its inhabitants, whereupon its contract for [such] service may be continued or terminated on such terms as may be agreed upon by the parties thereto.
κ1985 Statutes of Nevada, Page 12 (CHAPTER 9, SB 158)κ
may at any time establish a library for the use of its inhabitants, whereupon its contract for [such] service may be continued or terminated on such terms as may be agreed upon by the parties thereto.
6. The tax-levying body of any county, city or town contracting to receive [such] library services may budget for and levy a tax to meet the terms of the contract. The board of trustees of a school district may budget to meet the terms of the contract.
7. The [library] trustees of the consolidated, county or district library providing [such] services may expend any amounts received in consideration of any such contract in addition to the amount budgeted for the consolidated county or district library.
Sec. 22. NRS 379.142 is hereby amended to read as follows:
379.142 As used in NRS 379.142 to 379.146, inclusive, political subdivision means a consolidated, county, city, town, or county library district, or legally established libraries therein.
Sec. 23. Any consolidated library district established pursuant to section 7 of this act which submits a proposal to issue general obligation bonds in an amount of $15,000,000 or less to the registered electors of the district in 1985 is not required to submit that proposal for its approval to the general obligation bond commission of the county in which the district is located.
Sec. 24. This act becomes effective upon passage and approval.
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Senate Bill No. 30Committee on Commerce and Labor
CHAPTER 10
AN ACT relating to homeopathic medicine; removing the restriction on the reappointment of the members of the board of homeopathic medical examiners; and providing other matters properly relating thereto.
[Approved March 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 630A.100 is hereby amended to read as follows:
630A.100 [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 ½ years of a term to which another person was appointed may be appointed to serve a full term more than once.]
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κ1985 Statutes of Nevada, Page 13κ
Senate Bill No. 51Senators Horn, Bilbray, Gibson, Vergiels, Ryan, Foley, Redelsperger, OConnell, Rhoads, Neal, Shaffer, Townsend, Hickey, Robinson, Mello, Jacobsen, Raggio and Wilson
CHAPTER 11
AN ACT relating to homesteads; extending the exemption to all relatives and co-owners residing on the property; and providing other matters properly relating thereto.
[Approved March 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 115.010 is hereby amended to read as follows:
115.010 1. The homestead, consisting of either a quantity of land, together with the dwelling house thereon and its appurtenances, or a mobile home whether or not the underlying land is owned by the claimant, not exceeding $90,000 in value, to be selected by the husband and wife, or either of them, [other head of a family, or other] or a single person claiming the homestead, is not subject to forced sale on execution, or any final process from any court, except as provided by subsection 2.
2. The exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the premises, or for improvements made thereon, including any mechanics lien lawfully obtained, or for legal taxes, or for:
(a) Any mortgage or deed of trust thereon executed and given; or
(b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude,
by both husband and wife, when that relation exists.
3. Any declaration of homestead which has been filed before July 1, 1983, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the value of the property selected and claimed for the exemption up to the value permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before July 1, 1983.
Sec. 2. NRS 115.020 is hereby amended to read as follows:
115.020 1. The [homestead] selection must be made by either the husband or wife , or both of them, [other head of a family, or other] or the single person, declaring an intention in writing to claim the property as a homestead.
2. The declaration must state:
(a) When made by a married person or persons, that they or either of them are married, or if not married, that he or she is [the head of a family or] a householder.
(b) When made by a married person or persons, that they or either of them, as the case may be, are, at the time of making the declaration, residing with their family, or with the person or persons under their care and maintenance, on the premises, particularly describing the premises.
κ1985 Statutes of Nevada, Page 14 (CHAPTER 11, SB 51)κ
residing with their family, or with the person or persons under their care and maintenance, on the premises, particularly describing the premises.
(c) When made by any claimant under this section, that it is their or his intention to use and claim the property as a homestead.
3. The declaration must be signed by the person or persons making it, and acknowledged and recorded as conveyances affecting real property are required to be acknowledged and recorded. If the property declared upon as a homestead is the separate property of either spouse, both must join in the execution and acknowledgment of the declaration.
4. The rights acquired by declaring a homestead are not extinguished by the conveyance of the underlying property in trust for the benefit of the person or persons who declared it. A trustee may by similar declaration claim property, held by him, as a homestead for the settlor or for one or more beneficiaries of the trust, or both, if the person or persons for whom the claim is made reside on or in the property.
Sec. 3. NRS 115.040 is hereby amended to read as follows:
115.040 1. A mortgage or alienation of any kind, made for the purpose of securing a loan or indebtedness upon the homestead property, is not valid for any purpose, unless the signature of the husband and wife, when that relationship exists, is obtained to the mortgage or alienation and their signatures are properly acknowledged.
2. The homestead property shall not be deemed to be abandoned without a declaration thereof in writing, signed and acknowledged by both husband and wife, [other head of a family, or other] or the single person claiming the homestead, and recorded in the same office and in the same manner as the declaration of claim to the homestead is required to be recorded.
3. If either spouse is not a resident of this state, his signature and the acknowledgment thereof is not necessary to the validity of any mortgage or alienation of the homestead before it becomes the homestead of the debtor.
Sec. 4. NRS 115.060 is hereby amended to read as follows:
115.060 1. If the property declared upon as a homestead is community property, the husband and wife shall be deemed to hold the homestead as community property with a right of survivorship. Upon the death of either spouse:
(a) The exemption of the homestead from execution continues, without further filing, as to any debt or liability existing against the spouses, or either of them, until the death of the survivor and thereafter as to any debt or liability existing against the survivor at the time of his death.
(b) The property vests absolutely in the survivor.
2. If the property declared upon as a homestead is the separate property of either spouse, the husband and wife shall be deemed to hold the right to exemption of the homestead from execution jointly while both spouses are living. If the property retains its character as separate property until the death of one or the other of the spouses:
κ1985 Statutes of Nevada, Page 15 (CHAPTER 11, SB 51)κ
(a) The exemption of the homestead from execution continues as to any debt or liability existing against the spouses, or either of them, at the time of death of the decedent but ceases as to any subsequent debt or liability of the survivor.
(b) The property belongs to the person (or his heirs) to whom it belonged when filed upon as a homestead.
3. If the property declared upon as a homestead is the property of a single person , [who is the head of a family,] upon his death:
(a) The exemption of the homestead from execution continues, without further filing, as to any debt or liability existing against him at the time of his death and as to any subsequent debt or liability against a [member of his family] person who was living in his house [and under his care and maintenance] at the time of his death, if that [member of the family] person continues to reside on the homestead property and is [his minor child, minor brother or sister, minor nephew or niece or his parent or grandparent.] related to him by consanguinity or affinity, even if the person through whom the relation by affinity was created predeceased the declarant.
(b) The right of enjoyment of the property belongs to each [member of the family] person described in paragraph (a) until that [member] person no longer qualifies under that paragraph.
4. If [the property declared upon as a homestead is the property of a single person who is not the head of a family, upon his death the exemption of the homestead from execution continues as to any debt or liability existing against him at the time of his death.] two or more persons who are not related by consanguinity or affinity have claimed as a homestead their respective undivided interests in a single parcel of land or a mobile home, upon the death of one the exemption of the entire property from execution continues as to any debt or liability of the decedent and the other declarants until the death of the last declarant to die, but only for the benefit of a declarant who continues to reside on or in the property.
________
κ1985 Statutes of Nevada, Page 16κ
Senate Bill No. 24Committee on Commerce and Labor
CHAPTER 12
AN ACT relating to the taxation of banks; imposing a penalty upon a bank for failure to file an annual report; providing for an appeal to the state board of equalization from an assessment resulting from a valuation by the Nevada tax commission; and providing other matters properly relating thereto.
[Approved March 11, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.403 is hereby amended to read as follows:
361.403 1. Any person, firm, company, association or corporation, claiming overvaluation or excessive valuation of its property in this state; or
2. Any representative of any local government entity or the department claiming undervaluation, overvaluation or nonassessment of any property in the state,
solely by reason of the valuation placed thereon by the Nevada tax commission pursuant to NRS 361.320, 361.323 [or 361.325,] , 361.325 or 367.050, is entitled to a hearing before the state board of equalization to protest any assessment resulting therefrom, without appearing before or requesting relief from the county board of equalization. If a hearing is held, evidence of the valuation of the property in which the value is determined by using appropriate appraisal standards must be submitted to the state board of equalization.
Sec. 2. Chapter 367 of NRS is hereby amended by adding thereto a new section to read as follows:
If a bank fails to submit the report required in subsection 1 of NRS 367.050 on or before the required date, the Nevada tax commission shall impose a penalty of $1,000 or 5 percent of the total tax assessed upon the shares of the bank, whichever is greater. All money collected pursuant to this section must be deposited in the state general fund.
Sec. 3. NRS 367.050 is hereby amended to read as follows:
367.050 1. On or before August 1 of each year, each bank which is located or has a branch located in this state shall report to the department, upon forms which shall be prescribed by the department:
(a) The quarterly amounts of its cash, demand deposits, time deposits and total deposits for the preceding fiscal year; and
(b) A list showing the total deposits in its principal office and in each of its branches at the close of the last business day of the preceding fiscal year, segregated according to the county in which such office and each branch is situated.
2. On or before September 1 of each year, each county assessor shall transmit to the department a list showing the taxable value of each parcel of real property in his county which is assessed to a bank for the current fiscal year.
κ1985 Statutes of Nevada, Page 17 (CHAPTER 12, SB 24)κ
3. The [department] Nevada tax commission shall annually, at its regular meeting beginning on the 1st Monday in October, determine:
(a) The aggregate taxable capital of each bank which is located or has a branch located in this state; and
(b) The proportion of such aggregate taxable capital which is required to be assessed in each county of the state.
4. On or before the 1st Monday in December, the department shall transmit to each county assessor the amount of the aggregate taxable capital of each bank which is required to be assessed in his county, and each assessor shall adopt as the taxable value of the shares of stock of each such bank the amounts so shown.
Sec. 4. NRS 367.060 is hereby amended to read as follows:
367.060 Every bank shall pay to the tax collector or other person authorized to collect the taxes of the state, county, city, town or district in whch the shares of stock are assessed as provided in this chapter, at the time in each year when other taxes assessed in the state, county, city, town or district become due, the amount of the tax so assessed in such year upon the shares in such bank [, and if] and any penalty imposed pursuant to section 2 of this act. If the tax is not so paid the bank [shall be] is liable for the [same] tax and for equal penalties provided by law in the collection of delinquent taxes upon other property.
________
Senate Bill No. 77Committee on Commerce and Labor
CHAPTER 13
AN ACT relating to trusts; authorizing a fiduciary to invest in mutual funds; and providing other matters properly relating thereto.
[Approved March 11, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 163.275 is hereby amended to read as follows:
163.275 A fiduciary may invest and reinvest, as the fiduciary deems advisable:
1. In stocks (common or preferred), bonds, debentures, notes, mortgages or other securities in or outside the United States;
2. In insurance contracts on the life of any beneficiary or of any person in whom a beneficiary has an insurable interest, or in annuity contracts for any beneficiary;
3. In any real or personal property;
4. In investment trusts;
5. In participations in common trust funds; and
6. In securities of any corporation, trust, association or fund:
κ1985 Statutes of Nevada, Page 18 (CHAPTER 13, SB 77)κ
(a) Which is engaged, or proposes to engage, in the business of investing, reinvesting, owning, holding or trading in securities;
(b) Whose assets are invested principally in cash or in securities of other issuers; and
(c) Which is registered as an investment company with the Securities and Exchange Commission.
7. Generally in such property as the fiduciary deems advisable, even though such investment is not of the character approved by applicable law but for this section.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 74Committee on Commerce and Labor
CHAPTER 14
AN ACT relating to the Uniform Commercial Code; allowing banks to return unpaid items for reimbursement; and providing other matters properly relating thereto.
[Approved March 11, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 104.4202 is hereby amended to read as follows:
104.4202 1. A collecting bank must use ordinary care in:
(a) Presenting an item or sending it for presentment; [and]
(b) Sending notice of dishonor or nonpayment or returning an item other than a documentary draft to the banks transferor or directly to the depositary bank under subsection 2 of NRS 104.4212 after learning that the item has not been paid or accepted, as the case may be; [and]
(c) Settling for an item when the bank receives final settlement; [and]
(d) Making or providing for any necessary protest; and
(e) Notifying its transferor of any loss or delay in transit within a reasonable time after discovery thereof.
2. A collecting bank taking proper action before its midnight deadline following receipt of an item, notice or payment acts seasonably; taking proper action within a reasonably longer time may be seasonable but the bank has the burden of so establishing.
3. Subject to paragraph (a) of subsection 1, a bank is not liable for the insolvency, neglect, misconduct, mistake or default of another bank or person or for loss or destruction of or inability to obtain repossession of an item in transit or in the possession of others.
Sec. 2. NRS 104.4212 is hereby amended to read as follows:
104.4212 1. If a collecting bank has made provisional settlement with its customer for an item and itself fails by reason of dishonor, suspension of payments by a bank or otherwise to receive a settlement for the item which is or becomes final, the bank may revoke the settlement given by it, charge back the amount of any credit given for the item to its customers account or obtain refund from its customer whether or not it is able to return the items if by its midnight deadline or within a longer reasonable time after it learns the facts it returns the item or sends notification of the facts.
κ1985 Statutes of Nevada, Page 19 (CHAPTER 14, SB 74)κ
to its customers account or obtain refund from its customer whether or not it is able to return the items if by its midnight deadline or within a longer reasonable time after it learns the facts it returns the item or sends notification of the facts. These rights to revoke, charge-back and obtain refund terminate if and when a settlement for the item received by the bank is or becomes final (subsection 3 of NRS 104.4211 and subsections 2 and 3 of NRS 104.4213).
2. Within the time and manner prescribed by this section and NRS 104.4301, an intermediary or payor bank, as the case may be, may return an unpaid item directly to the depositary bank and may send for collection a draft on the depositary bank and obtain reimbursement. In such case, if the depositary bank has received provisional settlement for the item, it must reimburse the bank drawing the draft and any provisional credits for the item between banks shall become and remain final.
3. A depositary bank which is also the payor may charge-back the amount of an item to its customers account or obtain refund in accordance with the section governing return of an item received by a payor bank for credit on its books (NRS 104.4301).
4. The right to charge-back is not affected by:
(a) Prior use of the credit given for the item; or
(b) Failure by any bank to exercise ordinary care with respect to the item but any bank so failing remains liable.
5. A failure to charge-back or claim refund does not affect other rights of the bank against the customer or any other party.
6. If credit is given in dollars as the equivalent of the value of an item payable in a foreign currency the dollar amount of any charge-back or refund shall be calculated on the basis of the buying sight rate for the foreign currency prevailing on the day when the person entitled to the charge-back or refund learns that it will not receive payment in ordinary course.
7. The right to obtain refund is not affected by:
(a) Prior use of the credit given for the item; or
(b) Failure by any bank to exercise ordinary care with respect to the item except to the extent of the banks liability therefor.
________
κ1985 Statutes of Nevada, Page 20κ
Senate Bill No. 76Committee on Commerce and Labor
CHAPTER 15
AN ACT relating to garnishment; establishing the date for an answer to interrogatories and for determining the amounts subject to garnishment; and providing other matters properly relating thereto.
[Approved March 11, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 31.290 is hereby amended to read as follows:
31.290 1. The interrogatories to the garnishee may be in substance as follows:
INTERROGATORIES
Are you in any manner indebted to the defendants, .....................................................
.......................................................................................................................................................
..........................................................................................., or either of them, either in property or money, and is the [same] debt now due? If not due, when is the [same] debt to become due? State fully all particulars.
Answer:..................................................................................................................................
.......................................................................................................................................................
[Have you] Did you have in your possession, in your charge or under your control, on the date the writ of garnishment was served upon you, any money, property, effects, goods, chattels, rights, credits or choses in action of [said] the defendants, or either of them, or in which ........... he ........... .............. interested? If so, state [what is the value of the same,] its value, and state fully all particulars.
Answer:..................................................................................................................................
.......................................................................................................................................................
Do you know of any debts owing to [said] the defendants, whether due or not due, or any money, property, effects, goods, chattels, rights, credits or choses in action, belonging to ........ h ........ or in which .......... he ........... .............. interested, and now in the possession or under the control of others? If so, state particulars.
Answer:..................................................................................................................................
.......................................................................................................................................................
State your correct name and address, or the name and address of your attorney upon whom written notice of further proceedings in this action may be served.
Answer:..................................................................................................................................
.......................................................................................................................................................
.......................................................................
Garnishee
I (insert the name of the garnishee), do solemnly swear (or affirm) that the answers to the foregoing interrogatories by me subscribed are true.
κ1985 Statutes of Nevada, Page 21 (CHAPTER 15, SB 76)κ
.......................................................................
(Signature of garnishee)
SUBSCRIBED and SWORN to before me this .................... day of ..................., 19........ .
2. The garnishee shall answer the interrogatories in writing upon oath or affirmation and file his answers or cause them to be filed in the proper court within the time required by the writ. If he fails to do so, he shall be deemed in default.
Sec. 2. NRS 31.291 is hereby amended to read as follows:
31.291 1. Debts and credits, due or to become due, from a bank incorporated under the laws of the State of Nevada or the laws of the United States of America, or other personal property held by [such bank shall] the bank must be garnished by serving a copy of the writ of garnishment on one of the following officers of the bank:
(a) If the bank has no branches, trust department or military facility, on the president, vice president, assistant vice president, cashier, assistant cashier, manager or other managing officer in charge of the bank owing [such] the debts, or having in its possession or under its control [such] the credits or other personal property.
(b) If the bank has branches or military facilities owing [such] the debts or having in its possession or under its control [such] the credits or other personal property, on the vice president, assistant vice president, assistant cashier, manager or other managing officer in charge of the branch or in charge of the military facility. Service on [such] that officer or agent [shall] does not constitute a valid levy on any debt, credit or other personal property owing by any other branch or military facility.
(c) If the bank has a trust department owing [such] the debts or having in its possession or under its control [such] the credits or other personal property, on the vice president and trust officer, trust officer, assistant trust officer or other managing officer of the trust department.
2. Debts and credits due or to become due from a savings and loan association incorporated under the laws of the State of Nevada or the laws of the United States of America or other personal property and choses in action held by [such] the savings and loan association [shall] must be garnished by serving the writ of garnishment in like manner as upon banks under subsection 1.
3. A garnishment under this section creates a lien only upon the amounts in the accounts or to the credit of the debtor at the time of service of the writ of garnishment. An item in the process of collection is included in the amount of an account unless the item is returned unpaid.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 22κ
Assembly Bill No. 235Assemblyman Dini
CHAPTER 16
AN ACT relating to planning commissions; excluding members of the governing body of a city or county from the commission; and providing other matters properly relating thereto.
[Approved March 11, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.040 is hereby amended to read as follows:
278.040 1. The members of the planning commission are appointed by the chief executive officer of the city, or in the case of a county by the chairman of the board of county commissioners, with the approval of the governing body. The members shall not [hold any other public office, except that one member may be a member of the zoning board of adjustment.] be members of the governing body of the city or county. The majority of the members of the county planning commission in any county of over 250,000 population must reside within the unincorporated area of the county . [, subject to the provisions of subsection 7.]
2. In Carson City, the members of the planning commission established as provided in NRS 278.030 are appointed by the mayor from the city at large, with the approval of the board of supervisors.
3. The governing body may provide for compensation to its planning commission in an amount of not more than $40 per meeting of the commission, with a total of not more than $200 per month, and may provide travel expenses and subsistence allowances for the members in the same amounts as are allowed for other officers and employees of the county or city.
4. The term of each member is 4 years, or until his successor takes office.
5. Members may be removed, after public hearing, by a majority vote of the governing body for inefficiency, neglect of duty or malfeasance of office.
6. Vacancies occurring otherwise than through the expiration of term must be filled for the unexpired term.
[7. Appointments to meet the requirements of subsection 1 with respect to members residing in unincorporated areas in counties of over 250,000 population must be made as follows:
(a) The member newly appointed on July 1, 1973, must reside in the unincorporated area of the county; and
(b) The members appointed to fill the next three vacancies, whether occurring by expiration of term or otherwise, must reside in the unincorporated area of the county.]
κ1985 Statutes of Nevada, Page 23 (CHAPTER 16, AB 235)κ
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 186Committee on Finance
CHAPTER 17
AN ACT making an appropriation to the legislative fund; and providing other matters properly relating thereto.
[Approved March 12, 1985]
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 created pursuant to NRS 218.085 the sum of $2,200,000.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 100Committee on Commerce
CHAPTER 18
AN ACT relating to optometry; removing temptation for the Nevada state board of optometry to recover its costs of a disciplinary hearing; and providing other matters properly relating thereto.
[Approved March 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 636.420 is hereby amended to read as follows:
636.420 [1.] Any person [violating] who violates any regulation of the board relating to the practice of optometry is liable to the board for an administrative fine of not less than $250 or more than $2,000.
[2. If, pursuant to an administrative hearing, the board assesses a fine against a person as provided in subsection 1, he is further liable to the board for the actual costs of that hearing.]
Sec. 2. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 24κ
Assembly Bill No. 68Committee on Government Affairs
CHAPTER 19
AN ACT relating to the regulation of building; clarifying the requirement that political subdivisions comply with local building codes; and providing other matters properly relating thereto.
[Approved March 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.585 is hereby amended to read as follows:
278.585 [Notwithstanding any other provision of law, all persons, firms, associations or corporations, whether public or private,] All persons and political subdivisions shall comply with the appropriate city or county building [codes, which have been duly adopted by the respective governing bodies.] code.
________
Assembly Bill No. 102Committee on Commerce
CHAPTER 20
AN ACT relating to the licensing by the private investigators licensing board; eliminating duplication between discretionary and mandatory grounds for refusing a license; removing mere reputation as a ground for refusal; and providing other matters properly relating thereto.
[Approved March 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 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. 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.
κ1985 Statutes of Nevada, Page 25 (CHAPTER 20, AB 102)κ
(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)] Demonstrated untruthfulness or a lack of integrity.
(d) Been refused a license under this chapter or had a license revoked.
[(f)] (e) 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.
[(g)] (f) While unlicensed, performed any act for which a license is required by this chapter.
[(h)] (g) Knowingly made any false statement in his application.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 63Senator Jacobsen
CHAPTER 21
AN ACT relating to emergency vehicles; including the division of forestry as a regulatory agency for use of emergency vehicles in certain situations; extending the privileges of emergency vehicles to vehicles operated by specific regulatory agencies; and providing other matters properly relating thereto.
[Approved March 12, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:
Regulatory agency means any of the agencies granted police or enforcement powers under the provisions of NRS 407.065, 472.040, 481.048, 481.049, 501.349, 565.155, 703.155 or 706.8821.
Sec. 2. NRS 484.261 is hereby amended to read as follows:
484.261 1. The driver of an authorized emergency vehicle [,] or an official vehicle of a regulatory agency, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may : [exercise the privileges set forth, subject to the conditions stated, in this section.
2. The driver of an authorized emergency vehicle may:]
(a) Park or stand [,] the vehicle without regard to the provisions of this chapter.
(b) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation.
(c) Exceed any speed limits so long as he does not endanger life or property.
κ1985 Statutes of Nevada, Page 26 (CHAPTER 21, SB 63)κ
(d) Disregard regulations governing direction of movement or turning in specified directions.
[3.] 2. The exemptions granted in this section to an authorized emergency vehicle or an official vehicle of a regulatory agency, apply only when [such] the vehicle is making use of audible and visual signals as required by law.
[4.] 3. The provisions of this section do not relieve the driver of an authorized emergency vehicle or an official vehicle of a regulatory agency, from the duty to drive with due regard for the safety of all persons [, and such provisions] and do not protect the driver from the consequences of his reckless disregard for the safety of others.
Sec. 3. NRS 484.323 is hereby amended to read as follows:
484.323 Upon the immediate approach of an authorized emergency vehicle [,] or an official vehicle of a regulatory agency, making use of audible and visual signals meeting the requirements of NRS 484.787, or of a police vehicle [properly and] lawfully making use of an audible signal only, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of a highway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle , official vehicle or police vehicle has passed, except when otherwise directed by a police officer.
Sec. 4. NRS 484.348 is hereby amended to read as follows:
484.348 1. Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a peace officer in a readily identifiable vehicle of any police department or regulatory agency, when given a visual or audible signal to bring his vehicle to a stop is guilty of a misdemeanor.
2. The signal by the peace officer described in subsection 1 may be by flashing red lamp or siren.
3. Except under the circumstances provided in NRS 484.377, if a violation of this section results in substantial bodily harm to any person, the driver is guilty of a gross misdemeanor.
[4. As used in this section, regulatory agency means any agency granted police or enforcement powers under NRS 407.065, 472.040, 481.048, 481.049, 501.349, 565.155, 703.155 or 706.8821.]
Sec. 5. NRS 484.787 is hereby amended to read as follows:
484.787 1. Except as provided in NRS 484.789, authorized emergency vehicles are vehicles publicly owned and operated in the performance of the duty of:
(a) A police or fire department.
(b) A sheriffs office.
(c) The Nevada highway patrol.
(d) The division of forestry of the department of conservation and natural resources in responding to a fire.
(e) A public ambulance agency.
[(e)] (f) A public lifeguard or lifesaving agency.
κ1985 Statutes of Nevada, Page 27 (CHAPTER 21, SB 63)κ
2. A vehicle publicly maintained in whole or in part by the state, or by a city or county, and privately owned and operated by a regularly salaried member of a police department, sheriffs office or traffic law enforcement department, is an authorized emergency vehicle [under the following conditions:
(a) When such] if:
(a) The vehicle has [such] a permit , pursuant to NRS 484.789, from the department of motor vehicles;
(b) [Where such person operates such privately owned] The person operates the vehicle in responding to emergency calls or fire alarms , or [highway patrol duty or operates such vehicle] at the request of the Nevada highway patrol or in the pursuit of actual or suspected violators of the law; and
(c) [When the] The state, county or city does not furnish [to such officer] a publicly owned vehicle for the purposes stated in paragraph (b).
3. Every authorized emergency vehicle [shall] must be equipped with at least one flashing red warning lamp visible from the front and a siren for use as provided in this chapter, which lamp and siren [shall] must be in compliance with standards approved by the department of motor vehicles. In addition, an authorized emergency vehicle may display revolving, flashing or steady red or blue warning lights to the front, sides or rear of the vehicle.
4. No person may operate a vehicle with any lamp or device [thereon] displaying a red light visible from directly in front of the center [thereof,] of the vehicle except an authorized emergency vehicle, a school bus or an official vehicle of a regulatory agency.
5. No person may operate a vehicle with any lamp or device displaying a blue light, except an authorized emergency vehicle.
[6. As used in this section, regulatory agency means any of the agencies granted police or enforcement powers under the provisions of NRS 407.065, 481.048, 481.049, 501.349, 565.155, 703.155 and 706.8821.]
________
κ1985 Statutes of Nevada, Page 28κ
Assembly Bill No. 15Committee on Government Affairs
CHAPTER 22
AN ACT relating to state printing; extending the availability of the services of the state printing and records division to all state agencies; and providing other matters properly relating thereto.
[Approved March 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 344.110 is hereby amended to read as follows:
344.110 1. The superintendent shall determine the charge to be made for all printing, reproduction and binding, and shall fix a price from time to time that will cover all costs of material and doing the work. For this purpose, he shall establish and maintain a double-entry cost system, showing at least:
(a) Direct labor costs;
(b) Direct material costs; and
(c) Overhead.
2. The superintendent shall render bills for each item of printing, reproduction and binding or other charge against the officer , department, board, commission, agency or institution ordering the same. [The bills shall be audited by the state board of examiners and paid out of the appropriation or fund of the officer or institution chargeable with the same on warrants drawn by the state controller.]
Sec. 2. NRS 344.130 is hereby amended to read as follows:
344.130 [Except as provided in NRS 616.215, the] The superintendent shall receive, print, reproduce and bind [only such] the matter and material [as may be] submitted by [those state] all offices, departments, boards, commissions, institutions and agencies [whose funds are deposited, in whole or in part, in the state treasury, and paid out on claims as other claims against the state are paid.] of the state, including the University of Nevada System.
________
κ1985 Statutes of Nevada, Page 29κ
Senate Bill No. 61Senators Hickey, Shaffer, Ryan, Bilbray, Foley, Gibson, Glover, Horn, Jacobsen, Mello, Neal, OConnell, Raggio, Rawson, Redelsperger, Rhoads, Robinson, Townsend, Vergiels, Wagner and Wilson
CHAPTER 23
AN ACT relating to motor vehicles; authorizing the issuance of a special license plate for a resident of this state who is a recipient of the Congressional Medal of Honor; and providing other matters properly relating thereto.
[Approved March 13, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An owner of a motor vehicle who is a resident of this state and has been awarded the Congressional Medal of Honor may, upon signed application on a form prescribed and furnished by the department, be issued license plates which indicate that he is a recipient of the Congressional Medal of Honor. The applicant shall comply with the motor vehicle laws of this state, including the provisions of chapter 371 of NRS and the payment of the registration fees required by this chapter, but no fee may be charged under NRS 482.367.
2. Each person who is eligible for special license plates under this section may apply for two sets of plates. The second set of plates for an additional vehicle must have a different number than the first set of plates issued to the same applicant. The plates may be used only on a private passenger vehicle, a noncommercial truck or a motor home.
3. The department may adopt regulations governing the issuance of special license plates to recipients of the Congressional Medal of Honor.
Sec. 2. NRS 482.285 is hereby amended to read as follows:
482.285 1. If any certificate of registration or certificate of ownership is lost, mutilated or illegible, the person to whom it was issued shall immediately make application for and obtain a duplicate or substitute therefor upon furnishing information satisfactory to the department and upon payment of the required fees.
2. If any special license plate or plates issued pursuant to NRS 482.3667, 482.368, 482.370, 482.373, 482.374, 482.375, 482.376, 482.380 or 482.381 or section 1 of this act are lost, mutilated or illegible, the person to whom such plate or plates were issued shall immediately make application for and obtain a duplicate or substitute license plate or plates upon furnishing information satisfactory to the department and upon payment of the required fees.
3. If any license plate or plates, other than those provided for in subsection 2, or any decal is lost, mutilated or illegible, the person to whom it was issued shall immediately make application for and obtain a duplicate or substitute therefor upon:
κ1985 Statutes of Nevada, Page 30 (CHAPTER 23, SB 61)κ
(a) Furnishing information satisfactory to the department; and
(b) Payment of the fees required by NRS 482.500.
4. The department shall issue duplicate or substitute plates if the applicant:
(a) Returns the mutilated or illegible plates to the department or certifies under oath that the plates were lost or stolen;
(b) Received the plates during the complete issuance of new license plates in 1968 and 1969; and
(c) Makes application for renewal of registration. Credit [shall] must be allowed for the portion of the registration fee and privilege tax attributable to the remainder of the current registration period.
Sec. 3. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as provided in subsection 2, whenever upon application any duplicate or substitute certificate of registration or ownership, decal or number plate is issued, the following fees must be paid:
For a certificate of registration or ownership............................................. $5.00
For every substitute number plate.............................................................. 5.00
For every duplicate number plate................................................................ 10.00
For every decal displaying a county name............................................... . .50
For every decal designating a radio amateur............................................. .50
For every other decal (license plate sticker or tab)................................... 5.00
2. A fee of $5 must be paid for a duplicate plate of a special plate issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.375, 482.376 or 482.380 [.] or section 1 of this act. A fee must not be charged for a duplicate plate or plates issued under NRS 482.368, 482.370, 482.373 or 482.374.
3. The fees which are paid for duplicate number plates and decals displaying county names or the designation for operators of amateur radios must be deposited with the state treasurer for credit to the motor vehicle fund and allocated to the department to defray the costs of duplicating the plates and manufacturing the decals.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 80Committee on Government Affairs
CHAPTER 24
AN ACT relating to manufactured housing; requiring local governments to hold hearings on restrictions imposed by zoning ordinances and building codes; requiring reports to the legislative commission; and providing other matters properly relating thereto.
[Approved March 13, 1985]
whereas, The legislature has in the past been presented with proposals to alleviate problems which result from restrictive zoning and building regulations which affect manufactured housing; and
κ1985 Statutes of Nevada, Page 31 (CHAPTER 24, SB 80)κ
whereas, The legislature has delegated to local governing bodies the power to regulate the use of land and the construction of buildings thereon within their jurisdictions; and
whereas, The legislature is reluctant to interfere with local governing bodies in their exercise of this delegated power but recognizes that there are interested persons whose views on these problems must be heard; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The governing body of each city and county which has a zoning ordinance or a building code shall:
1. Hold a public hearing at which persons may appear and present testimony regarding the regulation of manufactured housing by the zoning ordinance and building code; and
2. Examine and evaluate its zoning ordinance and building code to ensure that:
(a) Manufactured homes are not excluded from its territory;
(b) There are adequate sites for manufactured homes to meet the demand for such sites within its territory; and
(c) The restrictions within the zoning ordinance and building code are serving the purposes for which they were developed.
Sec. 2. On or before April 1, 1986, the governing body of each city or county which holds a hearing under section 1 of this act shall prepare and transmit to the legislative commission a report indicating:
1. When the public hearing was held and the results of the hearing;
2. Any changes in its zoning ordinance or building code regarding manufactured housing which were made as a result of the public hearing or the evaluation under section 1 of this act; and
3. If there were no changes in its zoning ordinance or building code regarding manufactured housing, an analysis of its zoning ordinance and building code as they relate to the matters presented at the hearing or evaluated.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 32κ
Senate Bill No. 82Senator Glover
CHAPTER 25
AN ACT relating to corporations not for profit; requiring the address to be set forth in the articles of incorporation; and providing other matters properly relating thereto.
[Approved March 18, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 81.040 is hereby amended to read as follows:
81.040 Each corporation formed under NRS 81.010 to 81.160, inclusive, must prepare and file articles of incorporation in writing, setting forth:
1. The name of the corporation.
2. The purpose for which it is formed.
3. The [place] address or location, including the county and city or town, where its principal business will be transacted; but other meetings of the association or meetings of the board of directors may be held within or without the state.
4. The term for which it is to exist, not exceeding 50 years.
5. If formed with capital stock, the amount of its capital stock and the number and par value and the shares into which it is divided, and the amount of common and of preferred stock that may be issued with the preferences, privileges, voting rights, restrictions and qualifications pertaining thereto.
6. The names and addresses of those selected to act as directors, not less than three, for the first year or until their successors have been elected and have accepted office.
7. Whether the property rights and interest of each member [shall be] are equal or unequal, and if unequal the articles [shall] must set forth a general rule [or rules] applicable to all members by which the property rights and interests [, respectively,] of each member may [and shall] be determined , [and fixed,] but the corporation [shall have power to] may admit new members who [shall be entitled to] may vote and [to] share in the property of the corporation with the old members, in accordance with [such] the general rule.
Sec. 2. NRS 81.200 is hereby amended to read as follows:
81.200 1. Every association formed under NRS 81.170 to 81.280, inclusive, shall prepare articles of association in writing, [which shall set] setting forth:
(a) The name of the association.
(b) The purpose for which it is formed.
(c) The [place] address or location, including the county and city or town, where its principal business is to be transacted.
(d) The term for which it is to exist [(not to exceed 50 years).] , not exceeding 50 years.
κ1985 Statutes of Nevada, Page 33 (CHAPTER 25, SB 82)κ
(e) The number of the directors thereof, and the names and residences of those selected for the first year.
(f) The amount which each member is to pay upon admission as a [membership fee,] fee for membership, and that each member signing the articles has actually paid [in such sum.] the fee.
(g) That the interest and right of each member therein is to be equal.
2. The articles of association must be subscribed by the original associates or members, and acknowledged by each before some person competent to take an acknowledgment of a deed in this state.
3. The articles so subscribed and acknowledged [shall] must be filed in the office of the secretary of state, who shall furnish a certified copy thereof. The certified copy [shall] must be filed or microfilmed in the office of the county clerk of the county where the principal business of the association is to be transacted. From the time of the filing or microfilming in the office of the county clerk, the association [shall be complete and shall have and] may exercise all the powers for which it was formed.
Sec. 3. NRS 81.290 is hereby amended to read as follows:
81.290 1. Any number of citizens of the United States, not less than three, who desire to associate themselves for the purpose of engaging in educational, religious, scientific, charitable or eleemosynary activities, or a combination of such activities, may make, sign and acknowledge, before any [officer] person authorized to take acknowledgments in this state, and file in the office of the secretary of state a certificate in writing in which must be stated:
(a) The name or title by which the corporation, association or society is to be known in law.
(b) That it is a nonprofit corporation, organized solely for educational, religious, scientific or general charitable and eleemosynary purposes or for a combination of educational, religious, scientific and charitable purposes.
(c) The [county] address or location, including the county and city or town, in this state where the principal office for the transaction of the business of the corporation is to be located.
(d) The number of trustees, which must not be less than three; their term of office; and how they are to be chosen, except that in the case of an educational corporation, the method of selection of trustees may be provided in the bylaws.
(e) The names and residences of the trustees chosen for the first year.
(f) Any other matter which NRS 81.290 to 81.340, inclusive, permits or requires to be set out in the articles of incorporation.
2. For the purposes of this section:
(a) Educational activities includes the activities of an association composed of the alumni of an educational institution.
(b) Charitable activities includes the operation of a hospital, although fees are charged for goods and services furnished.
κ1985 Statutes of Nevada, Page 34 (CHAPTER 25, SB 82)κ
Sec. 4. NRS 81.350 is hereby amended to read as follows:
81.350 Any five or more persons, citizens of the United States and residents of this state, who desire to associate themselves for the purpose of engaging in the advancement of civic, commercial, industrial and agricultural interests of the state, or any city, town or county therein, may make, sign and acknowledge, before any [officer] person authorized to take acknowledgments in this state, and file in the office of the secretary of state a certificate in writing in which must be stated:
1. The name or title by which the corporation, association or society is to be known in law.
2. That it is a nonprofit corporation, organized solely for the advancement of civic, commercial, industrial and agricultural activities.
3. The [county] address or location, including the county and city or town, in this state where the principal office for the transaction of the business of the corporation is to be located.
4. The number of trustees, which must not be less than five; their term of office, which must not exceed 6 years; and how they are to be chosen.
5. The names and residences of the trustees chosen for the first year.
6. Any other matter which NRS 81.350 to 81.400, inclusive, permits or requires to be set out in the articles of incorporation.
Sec. 5. NRS 81.440 is hereby amended to read as follows:
81.440 Each corporation formed under NRS 81.410 to 81.540, inclusive, [must] shall prepare and file articles of incorporation in writing, setting forth:
1. The name of the corporation.
2. The purpose for which it is formed.
3. The [place] address or location, including the county and city or town, where its principal business will be transacted.
4. The term for which it is to exist, not exceeding 50 years.
5. The number of directors thereof, which must be not less than three and which may be any number in excess thereof, and the names and residences of those selected for the first year and until their successors [shall] have been elected and [shall] have accepted office.
6. Whether the voting power and the property rights and interest of each member [shall be] are equal or unequal, and if unequal the articles [shall] must set forth a general rule [or rules] applicable to all members by which the voting power and the property rights and interests [, respectively,] of each member may [and shall] be determined , [and fixed,] but the corporation [shall have power to] may admit new members who [shall be entitled to] may vote and [to] share in the property of the corporation with the old members, in accordance with [such] the general rule.
Sec. 6. NRS 86.110 is hereby amended to read as follows:
86.110 1. Upon the appointment or election of trustees or directors, a certificate of [such] appointment or election [shall] must be executed by the person or persons making the appointment, or the judges holding the election, or the secretary of the association or society, [stating the names of the trustees or directors.
κ1985 Statutes of Nevada, Page 35 (CHAPTER 25, SB 82)κ
executed by the person or persons making the appointment, or the judges holding the election, or the secretary of the association or society, [stating the names of the trustees or directors.
2. The name by which the association or society shall thereafter forever be called and known shall be particularly mentioned and specified.
3.] setting forth:
(a) The name of the association or society;
(b) The address or location, including the county and city or town, where its principal business will be transacted; and
(c) The names of the trustees or directors.
2. The certificate [shall] must be acknowledged by the person making the same, or proved by a subscribing witness thereto, before [some officer] a person authorized to take acknowledgments of deeds, and filed or microfilmed, together with the [certificate of such acknowledgment or proof,] acknowledgment, by the clerk of the county [within which such church, congregation, religious, moral, beneficial, charitable, literary or scientific association or society shall be] where the association or society is situated. Thereupon such association or society [shall be] is incorporated within the meaning of the provisions of NRS 86.100 to 86.170, inclusive, without the necessity of complying with the general incorporation laws.
________
Senate Bill No. 112Committee on Finance
CHAPTER 26
AN ACT making an appropriation to the department of education for expenses relating to the recruitment of a new superintendent of public instruction; and providing other matters properly relating thereto.
[Approved March 18, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of education the sum of $12,000 for expenses relating to the recruitment of a new superintendent of public instruction, including the payment of any:
(a) Fees to consultants for their advice on the recruitment and review of applicants;
(b) Expenses for the travel of the screening committee established by the state board of education to assist in the recruitment;
(c) Expenses for the travel of candidates selected for interview by the board; and
(d) Moving expenses, not to exceed $7,500, incurred by the applicant selected for the position.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after August 31, 1985, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1985 Statutes of Nevada, Page 36 (CHAPTER 26, SB 112)κ
1985, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 23Senator Glover
CHAPTER 27
AN ACT relating to the Civil Air Patrol; increasing the revenue provided from the account for taxes on aviation fuel; and providing other matters properly relating thereto.
[Approved March 18, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 365.565 is hereby amended to read as follows:
365.565 The tax derived from aviation fuel must be distributed, after payment of refund claims as provided in NRS 365.370, quarterly from the account for taxes on aviation fuel in the following manner:
1. There must be transferred to the Civil Air Patrol fund, hereby created, from the account for taxes on aviation fuel, for the ensuing fiscal year, a sum not to exceed [$30,000] $45,000 or the total amount in the account, whichever is less. The amount so transferred must be expended for the support of Nevada Wing 27001 of the Civil Air Patrol and is in addition to and separate from any legislative appropriations made to the fund for the support of that wing.
2. Money in the fund may be paid out only upon claims certified by the wing commander and the wing finance officer and approved by the state board of examiners, in the same manner as other claims against the state are paid.
3. Money in the fund may be used only by the wing to:
(a) Carry out its search, rescue and emergency operations;
(b) Maintain a headquarters; and
(c) Purchase, maintain and repair emergency and training equipment.
4. No money in the fund may be expended for:
(a) The purchase of any aircraft;
(b) Travel expenses;
(c) Training expenses; or
(d) Fuel for vehicles or aircraft used in an official mission of the United States Air Force.
5. Any person who makes a claim against the fund must reimburse the fund if payment for the claim is also received from another source.
6. There must be remitted to the treasurer of each county such portion of the remaining balance in the account for taxes on aviation fuel as is proportional to the excise taxes remitted by dealers or users in his county.
κ1985 Statutes of Nevada, Page 37 (CHAPTER 27, SB 23)κ
as is proportional to the excise taxes remitted by dealers or users in his county.
________
Assembly Bill No. 92Committee on Government Affairs
CHAPTER 28
AN ACT relating to state employees; raising the age for limited employment in the classified service; and providing other matters properly relating thereto.
[Approved March 18, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.3781 is hereby amended to read as follows:
284.3781 [Beginning on July 1, 1973, any] Any employee in the classified service of the state personnel system who is [65] 70 years of age or older may be hired or continued in the classified service on a year-to-year basis.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 13Committee on Judiciary
CHAPTER 29
AN ACT relating to the enforcement of foreign judgments; clarifying that an election must be made between enforcement under the Uniform Act and enforcement by independent action; and providing other matters properly relating thereto.
[Approved March 18, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 17.390 is hereby amended to read as follows:
17.390 [The right of a] A judgment creditor [to] may elect to bring an action to enforce his judgment instead of proceeding under NRS 17.330 to 17.400, inclusive . [, remains unimpaired.]
________
κ1985 Statutes of Nevada, Page 38κ
Senate Bill No. 66Committee on Government Affairs
CHAPTER 30
AN ACT relating to the Nevada Administrative Code; entitling each legislator to receive a set without charge; and providing other matters properly relating thereto.
[Approved March 18, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 233B.065 is hereby amended to read as follows:
233B.065 1. The legislative counsel shall prescribe the numbering, page size, style and typography of the Nevada Administrative Code. For convenience of reproduction in the code, he may prescribe the same matters in original agency regulations.
2. The legislative counsel shall prepare or cause the superintendent of the state printing and records division of the department of general services to prepare [four] such sets of the Nevada Administrative Code and of supplementary pages as are required from time to time . [, which shall be] A set must be provided to and kept respectively:
(a) By the secretary of state as the master copy;
(b) By the secretary of state for public use;
(c) By the attorney general for his use and that of the executive department; and
(d) By the legislative counsel for his use and that of the legislature.
The legislative commission may direct the preparation of additional sets or pages, or both, and specify the places where [such] those sets or parts of sets are to be kept and the uses to be made of them.
3. The legislative counsel shall, without charge, provide:
(a) A complete set of the Nevada Administrative Code, upon request, to each person who is on July 1, 1985, or who becomes after that date a member of the legislature; and
(b) To each legislator who has so acquired the code, the replacement or supplementary pages which are issued during his term of office.
4. Each agency shall reimburse the legislative counsel bureau and the state printing and records division of the department of general services for their respective costs in preparing and keeping current that agencys portion of the Nevada Administrative Code in the number of copies required for [agency,] official and public use. If additional sets or pages are sole, the legislative commission shall set sale prices sufficient to recover at least the cost of production and distribution of the additional sets or pages.
________
κ1985 Statutes of Nevada, Page 39κ
Senate Bill No. 50Committee on Finance
CHAPTER 31
AN ACT relating to state employees; defining further the term salary for purposes of limitation; and providing other matters properly relating thereto.
[Approved March 18, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 281.123 is hereby amended to read as follows:
281.123 1. Except as provided in subsection [2] 3 of this section and in NRS 281.1233, or authorized by statute referring specially to that position, the salary of a person employed by the state or any agency of the state must not exceed 95 percent of the salary for the office of governor during the same period.
2. As used in subsection 1, the term salary:
(a) Includes any:
(1) Payment received by an employee for being available to work although he was not actually required to perform the work;
(2) Increase in salary provided to compensate for a rise in the cost of living;
(3) Payment received under a plan established to encourage continuity of service; and
(4) Payment received as compensation for purportedly performing additional duties.
(b) Excludes any:
(1) Payment received as compensation for overtime even if that payment is otherwise authorized by law; and
(2) Rent or utilities supplied to an employee if he is required by statute or regulation to live in a particular dwelling.
3. The provisions of subsection 1 do not apply to the salaries of:
(a) Dentists and physicians employed full time by the state; or
(b) Officers and employees of the University of Nevada.
________
κ1985 Statutes of Nevada, Page 40κ
Assembly Bill No. 14Committee on Government Affairs
CHAPTER 32
AN ACT relating to public employees; permitting the continuance of coverage of dependents under group insurance; and providing other matters properly relating thereto.
[Approved March 18, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 286.615 is hereby amended to read as follows:
286.615 1. In addition to the options provided in NRS 287.023 and subject to the requirements of that section, any officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada, who retires under the conditions set forth in NRS 286.510 and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, [shall have] has the option of having the executive officer deduct and pay his premium for [such] that group insurance or medical and hospital service coverage, as well as the amount due or to become due upon any obligation designated by the board pursuant to subsection 2, from his monthly retirement allowance until such time as he may elect to notify the executive officer to discontinue [such] the deduction.
2. The board may adopt regulations to [implement] carry out the provisions of subsection 1, including but not limited to regulations governing the number and types of obligations, amounts for the payment of which may be deducted and paid by the board at the option of the officer or employee pursuant to this section.
Sec. 2. NRS 287.023 is hereby amended to read as follows:
287.023 1. Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada retires under the conditions set forth in NRS 286.510 or 286.620 and, at the time of his retirement, was covered or had his dependents covered by any group insurance or medical and hospital service established pursuant to NRS 287.010 and 287.020, the officer or employee has the option upon retirement to cancel or continue any such group insurance or medical and hospital service coverage to the extent that such coverage is not provided to him or a dependent by the Health Insurance for the Aged Act (42 U.S.C. § 1395 et seq.) upon assuming the portion of the premium or membership costs for the coverage continued which the governing body does not pay on behalf of retired officers or employees.
2. Notice of the selection of the option must be given in writing to the last public employer of the officer or employee within 30 days after the date of retirement. If no notice is given by that date, the retired employee shall be deemed to have selected the option to cancel his coverage.
κ1985 Statutes of Nevada, Page 41 (CHAPTER 32, AB 14)κ
employee shall be deemed to have selected the option to cancel his coverage.
3. The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of this state may pay the cost, or any part of the cost, of group insurance and medical and hospital service coverage for persons eligible for that coverage under subsection 1, but it must not pay a greater portion than it does for its current officers and employees.
Sec. 3. NRS 287.046 is hereby amended to read as follows:
287.046 1. Except as provided in subsection 3, any state or other participating officer or employee who elects to participate in the states group insurance program may participate, and the department, agency, commission or public agency which employs the officer or employee shall pay the states share of the cost of the premiums or contributions for the group insurance from money appropriated or authorized as provided in NRS 287.044. Employees who elect to participate in the states group insurance program must authorize deductions from their compensation for the payment of premiums or contributions on the insurance.
2. The department of personnel shall pay the amount provided by law for that fiscal year toward the cost of the premiums or contributions for group insurance for persons retired from the service of the state who have continued to participate. The department shall agree through the committee on group insurance with the insurer for billing of remaining premiums or contributions for the retired participant and his dependents to the retired participants.
3. A senator or assemblyman who elects to participate in the states group insurance program shall pay the entire premium or contribution for his insurance.
Sec. 4. NRS 287.047 is hereby amended to read as follows:
287.047 If the retention is consistent with the terms of any agreement between the state and the insurance company which issued the policies pursuant to the program or with the plan of self-insurance:
1. Upon the termination of his employment other than by retirement, any state or other participating officer or employee, except a senator or assemblyman, may retain his membership in the states group insurance program, but no part of the cost of the premiums or contributions for the group insurance may thereafter be paid by the department, agency, commission or public agency which employed the officer or employee.
2. [Upon retirement from the service of the state, a participating state employee may retain his membership in] A participating state employee who retires on or after July 1, 1985, may retain his membership in and his dependents coverage by the states group insurance program.
3. [Upon retirement from the service of the state, or upon completion of] A participating legislator who retires from the service of the state or who completes 8 years of service as such [, a participating legislator] may retain his membership in and his dependents coverage by the states group insurance program.
κ1985 Statutes of Nevada, Page 42 (CHAPTER 32, AB 14)κ
state or who completes 8 years of service as such [, a participating legislator] may retain his membership in and his dependents coverage by the states group insurance program.
________
Senate Bill No. 90Committee on Finance
CHAPTER 33
AN ACT relating to vocational rehabilitation; requiring money earned by the rehabilitation facilities of the bureau of vocational rehabilitation in the rehabilitation division of the department of human resources from contracts to provide work to train handicapped persons to be deposited in the account for rehabilitation facilities in the state general fund; allowing the interest and income earned on money in the account to be credited to that account; and providing other matters properly relating thereto.
[Approved March 19, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 615.250 is hereby amended to read as follows:
615.250 1. The state treasurer is designated as custodian of all [moneys] money received from the Federal Government for carrying out the purposes of this chapter or any agreements, arrangements or plans authorized thereby.
2. The state treasurer shall make disbursements from [such funds] that money and from all state [funds] money available for the purposes of this chapter upon certification by the designated official of the bureau.
3. All money earned by the rehabilitation facilities of the bureau from contracts to provide work to train handicapped persons must be deposited in the account for rehabilitation facilities in the state general fund.
4. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
________
Senate Bill No. 88Senators Wagner, Foley and Robinson
CHAPTER 34
AN ACT relating to public buildings; changing the standards for access by handicapped persons; and providing other matters properly relating thereto.
[Approved March 19, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 338.180 is hereby amended to read as follows:
338.180 1. The legislature of the State of Nevada declares that:
κ1985 Statutes of Nevada, Page 43 (CHAPTER 34, SB 88)κ
(a) The primary purpose of this section is to provide, subject to the limitations set forth in this section, for the removal and elimination of architectural barriers to the physically handicapped in public buildings and facilities designed after July 1, 1973, in order to encourage and facilitate the employment of the physically handicapped and to make public buildings accessible to and usable by the physically handicapped; and
(b) It is the intent of the legislature that insofar as possible all buildings and facilities used by the public be accessible to, and functional for, the physically handicapped, without loss of function, space or facility where the general public is concerned.
2. All plans and specifications for the construction of public buildings and facilities by the state or by a political subdivision, district, authority, board or public corporation or entity of the state [shall] after July 1, 1973, must provide facilities and features for the physically handicapped so that buildings which are normally used by the public are constructed with entrance ramps, toilet facilities, drinking fountains, doors [,] and public telephones accessible to and usable by the physically handicapped. Such buildings and facilities [shall] must conform with the [American Standard specifications for making buildings and facilities accessible to and usable by the physically handicapped which is effective when the plans and specifications are approved, as published by the American Standards Association.] Minimum Federal Guidelines and Requirements for Accessible Design, as issued by the United States Architectural and Transportation Barriers Compliance Board in the Federal Register of January 16, 1981.
3. Every public building or facility of the state or of a political subdivision, district, authority, board or public corporation or entity of the state which is normally used by the public and which is constructed or opened for occupancy after July 1, 1977, [shall] must be provided with at least one toilet facility for males and one toilet facility for females which is accessible to and usable by the physically handicapped and which conforms to the [specifications of the American Standards Association.] Minimum Federal Guidelines and Requirements for Accessible Design.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 44κ
Assembly Bill No. 17Committee on Government Affairs
CHAPTER 35
AN ACT relating to state purchasing; providing for the extension of contracts and the withdrawal of bids; raising the limit on the local purchasing of heavy equipment; clarifying the procedure for appeal by unsuccessful bidders; authorizing the chief of the division to develop plans of operation for federal surplus property; and providing other matters properly relating thereto.
[Approved March 20, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 333.280 is hereby amended to read as follows:
333.280 [1.] The chief [shall have power to let] may enter into contracts, by advertising therefor in the manner provided [for] by law, for the furnishing of supplies, materials and equipment for a period of not more than 1 year, on a standard form of contract . [, except that contracts may be let for more than 1 year for the purchase of books or library materials for the Nevada state library, or public libraries or school districts electing to use the facilities of the purchasing division, on a subscription basis without advertising if requests for informal bids have been submitted to and such bids have been received from at least two persons who are capable of performing the contract or if such books or library materials may only be purchased from a single source.
2. The contract price for the purchase of such books or library materials by subscription may be paid in advance of the receipt of such books or materials.] The original terms of such a contract may be extended from year to year if the conditions for extension are specified in the original bid, and the chief determines that an extension is in the best interest of the state.
Sec. 2. NRS 333.350 is hereby amended to read as follows:
333.350 1. Contracts may be awarded for separate items or portions or groups of items as the best interest of the state may require.
2. If , in the judgment of the chief , no satisfactory bid has been received in any case, he may reject all bids and [forthwith] shall promptly advertise for new bids as provided in this chapter . [, and, until] Until a satisfactory contract is awarded, he may make [such] as many open market purchases of the commodities involved as [urgently] may be urgently needed to meet the requirements . [until satisfactory bids may be received.]
3. The chief may allow a bidder to withdraw his bid without penalty if:
(a) The chief believes that an obvious error has been made by the bidder which would cause the bidder financial hardship; and
(b) The contract has not yet been awarded.
4. Each bid [, with] and the name of the bidder [, shall] must be entered on a bid record , and each record, with the successful bidder indicated thereon, [shall,] must, after the award [of the order or the letting] of the contract, be open to public inspection.
κ1985 Statutes of Nevada, Page 45 (CHAPTER 35, AB 17)κ
indicated thereon, [shall,] must, after the award [of the order or the letting] of the contract, be open to public inspection.
Sec. 3. NRS 333.370 is hereby amended to read as follows:
333.370 1. Any unsuccessful bidder may file a notice of appeal [at the time of the award] within 10 days after the date of award as entered on the bid record by posting bond with good and solvent surety in an amount equal to 25 percent of the successful bid submitted . [, and thereafter within 10 days from the opening of the bids may appeal to the director, who] A bond must be furnished by a surety authorized to do business in this state. Within 10 days after receipt of the notice of appeal, the director shall hold a hearing on the appeal and may cancel the award for lack of compliance with the provisions of this chapter. Any such cancellation [shall necessitate] requires readvertising for bids and a new award under the provisions of this chapter.
2. Any notice of appeal under the provisions of this section [shall operate] operates as a stay of action in relation to [entering into] any contract under such award until [the expiration of 10 days and, if the appeal is taken, pending decision thereon.] a determination is made on appeal.
3. The chief may make [such] as many open market purchases of the commodities as [urgently] may be urgently needed to meet the requirements until a determination is made [of] on the appeal.
Sec. 4. NRS 333.390 is hereby amended to read as follows:
333.390 1. The chief may authorize local purchasing by using agencies, in accordance with the rules and specifications, of individual orders for items not scheduled for quantity purchasing, not to exceed $1,000 for each order, except for repair and replacement parts for heavy equipment not to exceed [$5,000] $15,000 for each order, at no higher prices than [he may specify] specified in the orders authorizing the local purchasing. Such local purchasing may be [so] authorized [as in the cases of] where perishable articles are involved and to meet other emergency requirements.
2. The prices on such local purchases [shall] must be based on considerations of equal service and economy as compared with those in furnishing the same items of equal quality through the regular purchasing procedure.
3. Each authorization [shall:] must:
(a) Be revocable.
(b) Specify the limit of spending for individual orders not to exceed $1,000 except for repair and replacement parts referred to in subsection 1.
(c) Specify the articles to be purchased.
(d) Be operative for a period not exceeding 1 year from the date of issue.
4. Using agencies receiving [such orders] an authorization shall keep a record of their accounts and expenditures under that authority, accompanied [with proper] by evidence [that competition has been secured] , indicating that every effort has been made to secure competitive bidding to the extent practicable.
κ1985 Statutes of Nevada, Page 46 (CHAPTER 35, AB 17)κ
Sec. 5. NRS 333.490 is hereby amended to read as follows:
333.490 1. The chief shall [do all things necessary to] secure, warehouse and distribute throughout the state federal donable surplus property to tax-supported or nonprofit schools and other health and educational institutions, to organizations for emergency management, to volunteer fire departments, and to such other institutions or activities as may be eligible under federal law to acquire such property. The chief may make such certifications, develop and sign such plans of operation, take such action and enter into such contracts and undertakings for and in the name of the state as may be authorized or required by federal law or regulations in connection with the receipt, warehousing and distribution of federal donable surplus property received by him. He may adopt regulations, prescribe requirements, and take the necessary action [as he deems necessary] to assure maximum utilization by and benefit to eligible institutions and organizations from the federal donable surplus property. He shall [make a charge to] charge the schools and institutions receiving donable surplus property secured through the purchasing division, the charge to be a percentage of the cost of acquisition or of the fair value of the item requested sufficient to repay [in portion or in entirety] part or all of the cost of transportation and other costs incurred in acquisition of the property.
2. All money received by the chief pursuant to this section must be deposited in the state treasury for credit to the surplus property administration fund, which is hereby created as a special revenue fund. All expenses for the distribution of federal surplus property must be paid from the fund as other claims against the state are paid.
3. The chief may discontinue temporarily or terminate entirely the operation of purchasing and distributing donable surplus property at any time when there is not a sufficient flow of property to make continued employment of personnel for this purpose beneficial to the state.
________
Senate Bill No. 69Senators Foley, Bilbray, Gibson, Hickey, Horn, Jacobsen, Neal, Raggio, Rawson, Redelsperger, Rhoads, Robinson, Wagner, Wilson and OConnell
CHAPTER 36
AN ACT relating to the housing division of the department of commerce; increasing the permissible aggregate principal amount of the outstanding obligations of the division; and providing other matters properly relating thereto.
[Approved March 21, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 319.270 is hereby amended to read as follows:
319.270 1. Subject to the limitation imposed by subsections 4 and 5, the division may issue [from time to time] its negotiable notes and bonds in such principal amount as the administrator determines to be necessary to provide sufficient money for achieving any of its statutory purposes, including the payment of interest on notes and bonds of the division, establishment of bond reserve funds and other reserves to secure the notes and bonds, and all other expenditures of the division necessary or convenient to carry out its statutory purposes and powers.
κ1985 Statutes of Nevada, Page 47 (CHAPTER 36, SB 69)κ
bonds in such principal amount as the administrator determines to be necessary to provide sufficient money for achieving any of its statutory purposes, including the payment of interest on notes and bonds of the division, establishment of bond reserve funds and other reserves to secure the notes and bonds, and all other expenditures of the division necessary or convenient to carry out its statutory purposes and powers.
2. Subject to any agreements with holders of notes or bonds, all notes and bonds issued by the division are special obligations of the division payable out of any revenues, money or other assets of the division pledged thereto.
3. In issuing the notes and bonds, the division acts as an agency or instrumentality of the State of Nevada.
4. Before any notes or bonds may be issued pursuant to this section, except those issued for the purpose of refunding outstanding notes or bonds, the administrator shall submit a copy of his finding of the conditions prerequisite to the financing of residential housing under this chapter to the state board of finance. If that board approves, the division may proceed to issue its notes or bonds in the amount approved, subject to the further limitation of subsection 5.
5. The aggregate principal amount of outstanding bonds, notes and other obligations of the division must not exceed [$650,000,000,] $1,250,000,000, of which $100,000,000 must be allocated to veterans who qualify for loans under this chapter, exclusive of any bonds, notes or obligations which have been refunded. The establishment of this debt limitation does not prohibit the division from issuing additional bonds, notes or other obligations if the debt limitation is subsequently increased.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 111Committee on Commerce and Labor
CHAPTER 37
AN ACT relating to contractors; requiring one of the members of the state contractors board to be a representative of the general public; and providing other matters properly relating thereto.
[Approved March 22, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 624.050 is hereby amended to read as follows:
624.050 [To be eligible for appointment, each member of the board shall:]
1. Six members of the board must:
(a) At the time of appointment, hold an unexpired license to operate as a contractor.
[2.] (b) Be a contractor actively engaged in the contracting business and [shall] must have been so engaged for [a period of] not less than 5 years preceding the date of his appointment.
κ1985 Statutes of Nevada, Page 48 (CHAPTER 37, SB 111)κ
and [shall] must have been so engaged for [a period of] not less than 5 years preceding the date of his appointment.
[3.] (c) Have been a citizen and resident of the State of Nevada for at least 5 years next preceding his appointment.
2. One member of the board must be a representative of the general public.
Sec. 2. The governor shall appoint a member who is a representative of the general public to the state contractors board upon the next vacancy.
________
Senate Bill No. 120Committee on Finance
CHAPTER 38
AN ACT making supplemental appropriations to the division of state lands of the state department of conservation and natural resources for an appraisal of a parcel of land in Washoe County and for certain operating expenses; and providing other matters properly relating thereto.
[Approved March 25, 1985]
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 state lands of the state department of conservation and natural resources:
1. The sum of $2,500 for an appraisal of parcel 12-301-02 in Washoe County.
2. The sum of $3,000 for operating expenses so that the division may assist in completing the preparation of plans or policy statements concerning the use of lands in Nevada which are under federal management.
These appropriations are supplemental to that made by section 38 of chapter 453, Statutes of Nevada 1983, at page 1183.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 49κ
Senate Bill No. 89Senators Glover, Shaffer, Robinson, Bilbray, Redelsperger, Horn and Rhoads
CHAPTER 39
AN ACT relating to criminal procedure; broadening the provision for the recovery of expenses from criminal defendants for whom counsel is appointed at public expense; and providing other matters properly relating thereto.
[Approved March 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.091 is hereby amended to read as follows:
176.091 1. The court may order a [convicted] defendant to pay all or any part of the expenses incurred by the county, city or state in providing [such] the defendant with an attorney which are not recovered pursuant to NRS 178.398. The order may be made at the time of or after the appointment of an attorney and may direct the defendant to pay the expenses in installments.
2. The court shall not order a defendant to make such a payment unless the defendant is or will be able to do so. In determining the amount and method of payment, the court shall take account of the financial resources of the defendant and the nature of the burden that payment will impose.
3. A defendant who has been ordered to pay expenses of his defense and who is not willfully or without good cause in default in the payment thereof may at any time petition the court which [sentenced him] ordered the payment for remission of the payment or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or his immediate family, the court may remit all or part of the amount due or modify the method of payment.
4. The money recovered [shall] must in each case be paid over to the city, county or public defenders office which bore the expense and was not reimbursed by another governmental agency.
________
κ1985 Statutes of Nevada, Page 50κ
Assembly Bill No. 3Assemblymen Banner and Thompson
CHAPTER 40
AN ACT relating to industrial insurance; allowing nonlawyers to represent insurers and employers before a hearing officer; and providing other matters properly relating thereto.
[Approved March 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.541 is hereby amended to read as follows:
616.541 1. The chief of the hearings division of the department of administration may by regulation provide for specific procedures for the determination of contested cases . [not inconsistent with this chapter.]
2. An insurer or employer may be represented in a contested case by private legal counsel or by any other agent.
Sec. 2. NRS 616.5422 is hereby amended to read as follows:
616.5422 1. Any party aggrieved by a decision of the hearing officer relating to a claim for compensation may appeal from the decision by filing a notice of appeal with an appeals officer within 30 days after the date of the decision.
2. The appeals officer shall, within 10 days after receiving a notice of appeal, schedule a hearing for a date and time within 60 days after his receipt of the notice and give notice by mail or by personal service to all parties to the appeal and their attorneys or agents at least 30 days before the date and time scheduled.
3. An appeal may be continued upon written stipulation of all parties, or upon good cause shown, but not for more than 45 days after the date of the stipulation. Notice of continuance must be given by mail or by personal service to all interested parties.
________
Assembly Bill No. 23Committee on Judiciary
CHAPTER 41
AN ACT relating to justices courts; authorizing the county clerk to appoint a deputy clerk for a justices court; and providing other matters properly relating thereto.
[Approved March 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 4.350 is hereby amended to read as follows:
4.350 1. [The] Except as otherwise provided in subsection 5, the county clerk, with the approval of the board of county commissioners , may appoint a deputy clerk for the justices court upon the recommendation of the justice of the peace.
κ1985 Statutes of Nevada, Page 51 (CHAPTER 41, AB 23)κ
, may appoint a deputy clerk for the justices court upon the recommendation of the justice of the peace. The compensation of a clerk so appointed [shall] must be fixed by the board of county commissioners.
2. The [justices] deputy clerk [appointed under the provisions of subsection 1] shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is [or may be] required of other officers of [such] the township and county. The county clerk is not personally liable, on his official bond or otherwise, for the acts of a deputy clerk appointed pursuant to this section.
3. The [justices clerk shall have authority to] deputy clerk may administer oaths, take and certify affidavits and acknowledgments, issue process, enter suits on the docket, and do all clerical work in connection with the keeping of the records, files and dockets of the court, and shall perform such other duties in connection with the office as the justice of the peace [shall prescribe.] prescribes.
4. [Where] Except as otherwise provided in subsection 5, where there is more than one justice of the peace serving in any township, the county clerk [appointed under the provisions of subsection 1] may, with the approval of the board of county commissioners, appoint a second deputy who shall comply with the requirements of subsection 2 and [have, under the direction of the clerk,] has the powers and duties prescribed in subsection 3.
5. In a county whose population is 250,000 or more, the board of county commissioners may appoint a deputy clerk for a justices court upon the recommendation of the justice of the peace. If there is more than one justice of the peace serving in any township, the board may appoint one or more additional deputy clerks.
6. If no deputy clerk is appointed for a township, the justice of the peace shall be deemed to be the deputy clerk of the court.
Sec. 2. NRS 4.410 is hereby amended to read as follows:
4.410 1. If the person designated to transcribe the proceedings is:
(a) Regularly employed as a public employee, he is not entitled to additional compensation for preparing the transcript.
(b) Not regularly employed as a public employee and not a certified shorthand reporter, he is entitled to such compensation for preparing the transcript as the board of county commissioners determines.
(c) A certified shorthand reporter, he is entitled to the same fees for preparing the transcript as in the district court.
2. The fees for transcripts and copies must be paid by the party ordering them. In a civil case the preparation of the transcript need not commence until the fees have been deposited with the deputy clerk of the court.
Sec. 3. NRS 6.160 is hereby amended to read as follows:
6.160 The county clerk in cases in the district court and the deputy clerk of the justices court in cases in the justices court [cases] shall keep a payroll, enrolling thereon the names of all jurors, the number of days in attendance and the actual number of miles traveled by the shortest and most practical route in going to and returning from the place where the court is held, and at the conclusion of a trial [:
κ1985 Statutes of Nevada, Page 52 (CHAPTER 41, AB 23)κ
shortest and most practical route in going to and returning from the place where the court is held, and at the conclusion of a trial [:
1. May give] may:
1. Give a statement of the amounts due to the jurors to the county auditor, who shall draw warrants upon the county treasurer for the payment thereof; or
2. [May make] Make an immediate [cash payment, notwithstanding the provisions of NRS 354.170,] payment in cash of the amount owing to each juror [. Such payments shall] ,
these payments must be made from and to the extent allowed by the fees collected from the demanding party, pursuant to the provisions of NRS 6.150, and from and to the extent allowed by [such] any other fees which have been collected pursuant to law. The clerk shall [take] obtain from each juror so paid a receipt signed by him and indicating the date of payment, the date [or dates] of service and the amount paid. A duplicate of this receipt [shall] must be immediately delivered to the appropriate county auditor, county recorder or county comptroller.
Sec. 4. NRS 50.235 is hereby amended to read as follows:
50.235 1. The county clerk in cases in the district court and the deputy clerk of the justices court in cases in the justices court shall keep a payroll, enrolling thereon all names of witnesses in criminal cases, the number of days in attendance and the actual number of miles traveled by the shortest and most practical route in going to and returning from the place where the court is held, and at the conclusion of the trial shall:
(a) Give a statement of the amounts due to [such] those witnesses, to the county auditor, who shall draw warrants upon the county treasurer for the payment thereof; or
(b) Make an immediate [cash] payment in cash of the amount owing to each witness. The clerk shall [take] obtain from each witness so paid a receipt signed by him and indicating the date of payment, the date [or dates] of service and the amount paid. A duplicate of [such receipt shall] this receipt must be immediately delivered to the appropriate county auditor, county recorder or county comptroller.
2. In criminal cases, [where] if witnesses are subpenaed from without the county, or, being residents of another state, voluntarily appear as witnesses [,] at the request of the district attorney and the board of county commissioners of the county in which the court is held, they [shall] must be allowed [their] the actual and necessary [traveling] expenses for traveling incurred by them in going to and returning from the place where the court is held, and such sum per diem, not exceeding $3, as may be fixed by the district judge, who shall certify the [same] amount to the county clerk in cases in the district court, or by the justice of the peace, who shall certify the [same] amount to the deputy clerk of the justices court , if one is appointed, in cases in the justices court, for entry upon the payroll [hereinbefore required.] described in subsection 1.
κ1985 Statutes of Nevada, Page 53 (CHAPTER 41, AB 23)κ
Sec. 5. NRS 178.544 is hereby amended to read as follows:
178.544 1. Whenever a person is admitted to bail in a justices court and the bail is put in by a written undertaking, [the justice of the peace admitting that person to bail, or] the deputy clerk of the justices court [if there is one,] shall record:
(a) The name of the defendant;
(b) The names of the sureties;
(c) The amount of the bond;
(d) The name of the court;
(e) The [case number;] number of the case; and
(f) Such other information as is reasonably necessary to complete the record.
2. When the bond is exonerated or forfeited, [the justice of the peace declaring the exoneration or forfeiture, or] the deputy clerk of the justices court [if there is one,] shall record:
(a) The date of the exoneration or forfeiture;
(b) The book and page of the minute order declaring the exoneration or forfeiture; and
(c) The date of notice to the district attorney of any forfeiture of the bond.
Sec. 6. NRS 178.548 is hereby amended to read as follows:
178.548 The county clerk, [the justice of the peace or] the deputy clerk of the justices court, [if there is one,] or the clerk of the supreme court shall notify the district attorney of the appropriate county, in writing , promptly upon the receipt of information indicating that a bail bond has been forfeited.
Sec. 7. NRS 178.606 is hereby amended to read as follows:
178.606 A docket [shall] must be kept by [the justice, or by] the deputy clerk of the justices court, [if there be one,] in which he shall enter each action, and the minutes of the proceedings of the court therein.
Sec. 8. NRS 239.110 is hereby amended to read as follows:
239.110 1. The clerk of the supreme court, a county clerk, deputy clerk of a justices court or clerk of a municipal court may destroy all documents, records, instruments, books, papers, depositions and transcripts in any action or proceeding in the supreme court, district count, justices court or municipal court, respectively, or otherwise filed in his office pursuant to law, including transcripts of coroners inquests and depositions, if the records of the clerk do not show that the action or proceeding is pending on appeal or review in any court, except that:
(a) [When] If the written consent of the district attorney is first obtained, transcripts of preliminary hearings may be destroyed as provided in this section; and
(b) Minutes of the supreme court, district court, justices court or municipal court, affidavits supporting applications for marriage licenses, after [such] those licenses have been issued, and certificates of fictitious names of businesses may be destroyed immediately subject to the provisions of subsections 2 and 3.
κ1985 Statutes of Nevada, Page 54 (CHAPTER 41, AB 23)κ
of fictitious names of businesses may be destroyed immediately subject to the provisions of subsections 2 and 3.
2. The clerk shall maintain for the use of the public a microphotographic film print or copy of each document, record, instrument, book, paper, deposition or transcript so destroyed, if the print or copy is placed and kept in a sealed container under certificate of the clerk and properly indexed. This print or copy shall be deemed to be the original.
3. The clerk shall promptly seal and store at least one original negative of each microphotographic film in such manner and place as may reasonably [to] ensure its preservation indefinitely against loss, theft, defacement or destruction.
4. The supreme court may provide by rule for the destruction, without prior microfilming, of such other documents of the several courts of this state as are held in the offices of the clerks but which:
(a) No longer serve any legal, financial or administrative purpose; and
(b) Do not have any historical value.
5. The court administrator may request the division to advise and assist the supreme court in its establishment of the rules.
Sec. 9. NRS 354.170 is hereby amended to read as follows:
354.170 Except as provided in NRS 50.235 [,] or 6.160, in every case in which the district court or district judge is authorized by law to order any money to be paid out of the county treasury, [such order shall] this order must be first presented to the county auditor, who shall number and register the [same, and he shall] order and issue his warrant on any fund in the county treasury not otherwise specially appropriated or set apart.
Sec. 10. This act becomes effective upon passage and approval.
________
Assembly Bill No. 66Committee on Health and Welfare
CHAPTER 42
AN ACT relating to mental health; changing the class of nurses who may petition a court for the involuntary admission of a person alleged to be mentally ill; and providing other matters properly relating thereto.
[Approved March 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 433A.200 is hereby amended to read as follows:
433A.200 [Proceedings] A proceeding for an involuntary court-ordered admission of any person in the State of Nevada may be commenced by the filing of a petition with the clerk of the district court of [any] the county where the person who is to be treated resides. The petition may be filed by the spouse, parent, adult children or legal guardian of the person to be treated or by any physician, psychologist, social worker or [public health] registered nurse, by a duly accredited agent of the department or by any officer authorized to make arrests in the State of Nevada.
κ1985 Statutes of Nevada, Page 55 (CHAPTER 42, AB 66)κ
social worker or [public health] registered nurse, by a duly accredited agent of the department or by any officer authorized to make arrests in the State of Nevada. [Such petition shall] The petition must be accompanied:
1. By a certificate of a physician or certified psychologist stating that he has examined the person alleged to be mentally ill and has concluded that as a result of mental illness the person is likely to harm himself or others or that he is gravely disabled, as provided in subsection 2 of NRS 433.194; or
2. By a sworn written statement by the petitioner that:
(a) The petitioner has probable cause to believe that [such] the person is mentally ill and, because of such illness is likely to harm himself or others, or is gravely disabled, as defined in subsection 2 of NRS 433.194; and
(b) That [such] the person has refused to submit to examination or treatment by a physician, psychiatrist or certified psychologist.
________
Assembly Bill No. 148Committee on Ways and Means
CHAPTER 43
AN ACT relating to escheated property; authorizing the state treasurer to sell certain bonds and execute a bond of indemnity for the sale of the bonds; and providing other matters properly relating thereto.
[Approved March 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The state treasurer may execute the necessary bond of indemnity to allow payment to the State of Nevada of the proceeds of United States Series E bonds registered in the names of Edward White and Mrs. Sabrina Devine which have escheated to the state. The state treasurer may submit the bonds for payment in accordance with the bond of indemnity.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 56κ
Assembly Bill No. 82Committee on Judiciary
CHAPTER 44
AN ACT relating to the attorney general; extending the scope and venue of prosecutions of prisoners; narrowing the requirement that he keep records of certain cases; and providing other matters properly relating thereto.
[Approved March 26, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 228.160 is hereby amended to read as follows:
228.160 1. The attorney general shall keep a record of each [case] :
(a) Civil case to which the state or any officer of the state in his official capacity [may be a party, or of any case on appeal to which a county may be a party.
2. Such record shall] is a party; and
(b) Criminal case for which he is the principal prosecuting attorney.
2. The record must contain a copy of all pleadings and process, interlocutory and final orders, judgments and decrees, process issued thereon and satisfaction thereof, and memorandum of sentence.
3. Such records [shall] must be open to the public for inspection during business hours.
Sec. 2. NRS 228.170 is hereby amended to read as follows:
228.170 1. Whenever the governor directs or [,] when, in the opinion of the attorney general, to protect and secure the interest of the state it is necessary that a suit be commenced or defended in any federal or state court, the attorney general shall commence [such] the action or make [such] the defense.
2. The attorney general may [file an information in district court in Carson City] :
(a) File an information;
(b) File a complaint; or
(c) Obtain an indictment,
in the appropriate court in the county in which the offense was committed, against a person for an offense allegedly committed by [such person] him while he was confined in an institution or facility of the department of prisons.
________
κ1985 Statutes of Nevada, Page 57κ
Assembly Bill No. 26Committee on Judiciary
CHAPTER 45
AN ACT relating to criminal procedure; substituting the term hearing in place of trial as the correct characterization of the proceeding held in the district court on an appeal from the justices court; and providing other matters properly relating thereto.
[Approved March 26, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 189.065 is hereby amended to read as follows:
189.065 An appeal [shall] must be dismissed by the district court unless perfected by application of the defendant, within 60 days after the appeal is filed in the justices court, by having it set for [trial.] hearing.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 176Committee on Government Affairs
CHAPTER 46
AN ACT relating to public works; establishing the threshold to advertise for sealed bids on construction projects for the state; raising the threshold on construction for the University of Nevada; and providing other matters properly relating thereto.
[Approved March 26, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 341 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. The board may, with the approval of the interim finance committee when the legislature is not in regular or special session, or with the approval of the legislature by concurrent resolution when the legislature is in regular or special session, plan a project in advance by preparing floor plans, cross sections, elevations, outlines of specifications, estimates of cost by category of work and perspective renderings of the project. The board may submit preliminary or advance plans or designs to qualified architects or engineers for preparation of detailed plans and specifications if the board considers it desirable. The cost of preparation of preliminary or advance plans or designs, the cost of detailed plans and specifications, and the cost of all architectural and engineering services are charges against the appropriations made by the legislature for any state buildings or projects, or buildings or projects planned or contemplated by any state agency for which the legislature has appropriated or may appropriate money. The costs must not exceed the limitations that are or may be provided by the legislature.
κ1985 Statutes of Nevada, Page 58 (CHAPTER 46, AB 176)κ
Sec. 3. The board:
1. After consulting with the interim finance committee, has final authority for approval as to the architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.
2. Shall solicit bids for and let all contracts for new construction or major repairs.
3. May negotiate with the lowest responsible bidder on any contract to obtain a revised bid if:
(a) The bid is less than the appropriation made by the legislature for that building project; and
(b) The bid does not exceed the relevant budget item for that building project as established by the board by more than 10 percent.
4. May reject any or all bids.
5. After the contract is let, shall supervise and inspect construction and major repairs. The cost of supervision and inspection must be financed from the capital construction program approved by the legislature.
6. May authorize change orders, before or during construction:
(a) In any amount, where the change represents a reduction in the awarded contract price.
(b) Not to exceed in the aggregate 10 percent of the total awarded contract price, where the change represents an increase in that price.
7. Has final authority to accept each building as completed or to require necessary alterations to conform to the contract, and to file the notice of completion.
Sec. 4. The board shall establish funds for projects of capital construction necessary to account for the program of capital construction approved by the legislature. These funds must be used to account for all revenues, appropriations and expenditures restricted to constructing buildings and other projects which come under the supervision of the board.
Sec. 5. 1. Except as provided in subsection 2, the board shall advertise in a newspaper of general circulation in the State of Nevada for separate sealed bids for each construction project. Approved plans and specifications for the construction must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The board may accept bids on either the whole or a part of the construction, equipment and furnishings, and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result to the lowest bidder.
2. The board is not required to advertise for sealed bids for construction projects if the estimated cost is less than $10,000, but the board may solicit firm written bids from not less than two licensed contractors doing business in the area and may award the contract to the lowest bidder or reject all bids.
κ1985 Statutes of Nevada, Page 59 (CHAPTER 46, AB 176)κ
Sec. 6. NRS 341.150 is hereby amended to read as follows:
341.150 1. The [state public works] board shall furnish engineering and architectural services to the University of Nevada and all other state departments, boards or commissions charged with the construction of any building constructed on state property or the money for which is appropriated by the legislature, except:
(a) Buildings used in maintaining highways; and
(b) Improvements, other than buildings, made in state parks by the state department of conservation and natural resources.
The board of regents of the University of Nevada and all other [such] state departments, boards or commissions shall use those services.
2. The services must consist of:
(a) Preliminary planning;
(b) Designing;
(c) Estimating of costs; and
(d) Preparation of detailed plans and specifications.
[3. The board may, with the approval of the interim finance committee when the legislature is not in regular or special session, or with the approval of the legislature by concurrent resolution when the legislature is in regular or special session, plan a project in advance by preparing floor plans, cross sections, elevations, outlines of specifications, estimates of cost by category of work and perspective renderings of the project. The board may submit preliminary or advance plans or designs to qualified architects or engineers for preparation of detailed plans and specifications if the board deems such action desirable. The cost of preparation of preliminary or advance plans or designs, the cost of detailed plans and specifications, and the cost of all architectural and engineering services are charges against the appropriations made by the legislature for any state buildings or projects, or buildings or projects planned or contemplated by any state agency for which the legislature has appropriated or may appropriate money. The costs must not exceed the limitations that are or may be provided by the legislature.
4. The board:
(a) After consulting with the interim finance committee, has final authority for approval as to the architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.
(b) Shall solicit bids for and let all contracts for new construction or major repairs.
(c) May negotiate with the lowest responsible bidder on any contract to obtain a revised bid if:
(1) The bid is less than the appropriation made by the legislature for that building project; and
(2) The bid does not exceed the relevant budget item for that building project as established by the board by more than 10 percent.
(d) May reject any or all bids.
(e) After the contract is let, shall supervise and inspect construction and major repairs.
κ1985 Statutes of Nevada, Page 60 (CHAPTER 46, AB 176)κ
and major repairs. The cost of supervision and inspection must be financed from the capital construction program approved by the legislature.
(f) May authorize change orders, before or during construction:
(1) In any amount, where the change represents a reduction in the awarded contract price.
(2) Not to exceed in the aggregate 10 percent of the total awarded contract price, where the change represents an increase in that price.
(g) Has final authority to accept each building as completed or to require necessary alterations to conform to the contract, and to file the notice of completion.
(h) Shall establish such funds for projects of capital construction as are necessary to account for the program of capital construction approved by the legislature. These funds must be used to account for all revenues, appropriations and expenditures restricted to constructing buildings and other projects which come under the supervision of the board.]
Sec. 7. NRS 341.153 is hereby amended to read as follows:
341.153 1. The legislature hereby finds as facts:
(a) That the construction of public buildings is a specialized field requiring for its successful accomplishment a high degree of skill and experience not ordinarily acquired by public officers and employees whose primary duty lies in some other field.
(b) That [such] this construction involves the expenditure of large amounts of public [moneys] money which, whatever their particular constitutional, statutory or governmental source, involve a public trust.
(c) That the application by [using] state agencies of conflicting standards of performance results in wasteful delays and increased costs in the performance of public works.
2. The legislature therefore declares it to be the policy of this state that all construction of public buildings upon property of the state or held in trust for any division of the state government be supervised by, and final authority for its completion and acceptance vested in, the state public works board as provided in NRS 341.150 [.] and sections 2 to 5, inclusive, of this act.
Sec. 8. NRS 218.6825 is hereby amended to read as follows:
218.6825 1. There is hereby created in the legislative counsel bureau an interim finance committee composed of the members of the assembly standing committee on ways and means and the senate standing committee on finance during the current or immediately preceding session of the legislature. The immediate past chairman of the senate standing committee on finance shall be the chairman of the interim finance committee for the period ending with the convening of the 56th session of the legislature. The immediate past chairman of the assembly standing committee on ways and means shall be the chairman of the interim finance committee during the next legislative interim, and the chairmanship shall continue to alternate between the houses of the legislature according to this pattern.
κ1985 Statutes of Nevada, Page 61 (CHAPTER 46, AB 176)κ
2. If any regular member of the committee informs the secretary that he will be unable to attend a particular meeting, the secretary shall notify the speaker of the assembly or the majority leader of the senate, as the case may be, to appoint an alternate for that meeting from the same house and political party as the absent member.
3. The interim finance committee, except as provided in subsection 4, may exercise the powers conferred upon it by law only when the legislature is not in regular or special session. The membership of any member who does not become a candidate for reelection or who is defeated for reelection continues until the next session of the legislature is convened.
4. During a regular session the interim finance committee may also perform the duties imposed on it by [paragraph (a) of subsection 4 of NRS 341.150,] subsection 1 of section 3 of this act, and by NRS 353.220, 353.224 and 353.335 and chapter 621, Statutes of Nevada 1979. In performing those duties, the senate standing committee on finance and the assembly standing committee on ways and means may meet separately and transmit the results of their respective votes to the chairman of the interim finance committee to determine the action of the interim finance committee as a whole.
5. The director of the legislative counsel bureau shall act as the secretary of the interim finance committee.
6. A majority of the members of the assembly standing committee on ways and means and a majority of the members of the senate standing committee on finance, jointly, may call a meeting of the interim finance committee if the chairman does not do so.
7. In all matters requiring action by the interim finance committee, the vote of the assembly and senate members must be taken separately. An action must not be taken unless it receives the affirmative vote of a majority of the assembly members and a majority of the senate members.
8. Except during a regular or special session of the legislature, each member of the interim finance committee and appointed alternate is entitled to receive the compensation provided for a majority of the members of the legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a committee meeting or is otherwise engaged in committee work plus the per diem allowance and travel expenses provided [by law.] for state officers and employees generally. All such compensation must be paid from the contingency fund in the state treasury.
Sec. 9. NRS 341.181 is hereby repealed.
________
κ1985 Statutes of Nevada, Page 62κ
Assembly Bill No. 39Committee on Government Affairs
CHAPTER 47
AN ACT relating to state employees; allowing the repayment of an advance for travel which was paid before the termination of an employee; and providing other matters properly relating thereto.
[Approved March 27, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 281.174 is hereby amended to read as follows:
281.174 1. Upon the return of the officer or employee, he is entitled to receive any authorized expenses and subsistence allowances in excess of the amount advanced, and a sum equal to the advance must be paid into the travel advance fund.
2. If an advance is not repaid, the state treasurer may file a claim with the state board of examiners for money to replenish the travel advance fund. If the state board approves the claim it must be paid from the reserve for statutory contingency fund.
3. If an officer or employee of an agency terminates his employment after he receives a payment from the travel advance fund but before repayment to the fund, the state treasurer may collect from the agency the amount advanced.
________
Assembly Bill No. 29Committee on Judiciary
CHAPTER 48
AN ACT relating to criminal procedure; removing the statutory provisions which have been superseded by the provisions of the Nevada Rules of Appellate Procedure; and providing other matters properly relating thereto.
[Approved March 27, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 177.075 is hereby amended to read as follows:
177.075 1. Except where appeal is automatic, an appeal from a district court to the supreme court is taken by filing a notice of appeal with the clerk of the district court . [a notice of appeal in duplicate.] Bills of exception and assignments of error in cases governed by this chapter are abolished.
2. When a court imposes sentence upon a defendant who has not pleaded guilty and who is without counsel, the court shall advise the defendant of his right to appeal, and if he so requests, the clerk shall prepare and file forthwith a notice of appeal on his behalf.
3. [The notice of appeal shall set forth:
κ1985 Statutes of Nevada, Page 63 (CHAPTER 48, AB 29)κ
(a) The title of the case;
(b) The name and address of the appellant and of appellants attorney;
(c) A general statement of the offense;
(d) A concise statement of the judgment or order, giving its date and any sentence imposed;
(e) The place of confinement if the defendant is in custody; and
(f) A statement that the appellant appeals from the judgment or order.
4. The] A notice of appeal [shall] must be signed:
(a) By the appellant or appellants attorney; or
(b) By the clerk if prepared by him.
[5. The duplicate notice of appeal and a statement of the docket entries shall be forwarded immediately by the clerk of the district court to the clerk of the supreme court.
6. Notification of the filing of the notice of appeal shall be given by the clerk by mailing copies thereof to adverse parties or their attorneys and the attorney general, but his failure to do so does not affect the validity of the appeal.
7. When the appeal is both from the judgment and from an order denying a motion for a new trial, one notice of appeal so specifying is sufficient.]
Sec. 2. NRS 177.205 is hereby amended to read as follows:
177.205 The supreme court may, on its own motion or on motion of the respondent, dismiss an appeal:
1. If the appeal is irregular in any substantial particular.
2. If the appellant has failed to comply with the requirements [of NRS 177.175 or 177.185] for docketing of the record on appeal or filing briefs, unless for good cause shown an extension is granted.
Sec. 3. NRS 178.476 is hereby amended to read as follows:
178.476 When an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion:
1. With or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or
2. Upon motion made after the expiration of the specified period permit the act to be done if the failure to act was the result of excusable neglect,
but the court may not extend the time for taking any action under NRS 176.515 [, 176.525, 177.066 or 177.175] or 176.525 except to the extent and under the conditions stated in [such] those sections.
Sec. 4. NRS 177.066, 177.175, 177.185 and 177.295 are hereby repealed.
Sec. 5. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 64κ
Assembly Bill No. 28Committee on Judiciary
CHAPTER 49
AN ACT relating to families; clarifying how the wife may be held liable for desertion and failure to support her husband or children; and providing other matters properly relating thereto.
[Approved March 27, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 201.030 is hereby amended to read as follows:
201.030 Proceedings under NRS 201.020 to 201.080, inclusive, may be instituted upon complaint made under oath or affirmation by the [wife] spouse or child or children, or by any other person, including the district attorney as provided in NRS 201.025, against any person guilty of either of the offenses named in NRS 201.020.
Sec. 2. NRS 201.040 is hereby amended to read as follows:
201.040 At any time before the trial, upon petition of the complainant and upon notice to the defendant, the court may enter such temporary order as may seem just, providing for support of the deserted [wife] spouse or children, or both, pendente lite, and may punish for such violation of such order as for contempt.
Sec. 3. NRS 201.050 is hereby amended to read as follows:
201.050 1. Before the trial, with the consent of the defendant, or at the trial, on entry of a plea of guilty, or after conviction, instead of imposing the penalty provided in NRS 201.020, or in addition thereto, the court, [in its discretion,] having regard to the circumstances and to the financial ability or earning capacity of the defendant, [shall have the power:
(a) To make] may:
(a) Make an order, which [shall be] is subject to change by the court from time to time as circumstances may require, directing the defendant to pay a certain sum periodically, for a term not exceeding 2 years, to the [wife] spouse or the guardian, curator or custodian of the minor child or children, or to an organization or [individual] natural person approved by the court as trustee.
(b) [To release] Release the defendant from custody on probation for the period so fixed, upon his or her entering into a recognizance, with or without surety, in such sum as the court may order and approve.
2. The condition of the recognizance [shall] must be such that if the defendant [shall make] makes his [or her] personal appearance in court whenever ordered to do so, and [shall further comply] complies with the terms of [such] the order of support, or of any subsequent modification thereof, then [such] the recognizance [shall be] is void . [, otherwise in full force and effect.]
Sec. 4. NRS 201.070 is hereby amended to read as follows:
201.070 1. No other or greater evidence [shall be] is required to prove the marriage of the husband and wife, or that the defendant is the father or mother of [such] the child or children, than is [or shall be] required to prove such facts in a civil action.
κ1985 Statutes of Nevada, Page 65 (CHAPTER 49, AB 28)κ
prove the marriage of the husband and wife, or that the defendant is the father or mother of [such] the child or children, than is [or shall be] required to prove such facts in a civil action.
2. In no prosecution under NRS 201.020 to 201.080, inclusive, [shall] does any existing statute or rule of law prohibiting the disclosure of confidential communications between husband and wife apply, and both husband and wife [shall be] are competent witnesses to testify against each other to any and all relevant matters, including the fact of [such] the marriage and the parentage of [such] any child or children; but neither [shall] may be compelled to give evidence incriminating himself or herself.
3. Proof of the desertion of [such wife,] a spouse, child or children, in destitute or necessitous circumstances, or of neglect or refusal to provide for the support and maintenance of [such wife,] the spouse, child or children, [shall be] is prima facie evidence that such desertion, neglect or refusal is willful.
________
Assembly Bill No. 27Committee on Judiciary
CHAPTER 50
AN ACT relating to criminal procedure; clarifying the provision which allows dismissal of a criminal action for delay in prosecution; and providing other matters properly relating thereto.
[Approved March 27, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 178.556 is hereby amended to read as follows:
178.556 1. If no indictment is found or information filed against a person within 15 days after he has been held to answer for a public offense [, or if] which must be prosecuted by indictment or information, the court may dismiss the complaint. If a defendant whose trial has not been postponed upon his application is not brought to trial within 60 days after the finding of the indictment or filing of the information, the court may dismiss the indictment [, information or complaint.] or information.
2. If a defendant whose trial has not been postponed upon his application is not brought to trial within 60 days after the filing of the complaint for an offense triable in a justices or municipal court, the court may dismiss the complaint.
________
κ1985 Statutes of Nevada, Page 66κ
Assembly Bill No. 7Assemblyman Sader
CHAPTER 51
AN ACT relating to transfers to minors; adopting the uniform act on such transfers; and providing other matters properly relating thereto.
[Approved March 28, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 167 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. 1. This chapter applies to a transfer that refers to Nevadas Uniform Act on Transfers to Minors in the designation under subsection 1 of NRS 167.030 by which the transfer is made if at the time of the transfer, the transferor, the minor or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to the provisions of this chapter despite a subsequent change in the residence of the transferor, the minor or the custodian, or the removal of the custodial property from this state.
2. A person designated as a custodian under this chapter is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.
3. A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act or a substantially similar act, of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor or the custodian is a resident of the designated state or the custodial property is located in the designated state.
Sec. 3. 1. A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: as custodian for ........................................... (name of minor) under Nevadas Uniform Act on Transfers to Minors. The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer or other obligor of the contractual rights.
2. A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under subsection 1 of NRS 167.030.
κ1985 Statutes of Nevada, Page 67 (CHAPTER 51, AB 7)κ
3. The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under the provisions of this chapter. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event, the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to the provisions of this chapter.
Sec. 4. A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to the provisions of this chapter.
Sec. 5. 1. A personal representative or trustee may make an irrevocable transfer pursuant to the provisions of this chapter to a custodian for the benefit of a minor as authorized in the governing will or trust.
2. If the testator or settlor has nominated a custodian to receive the custodial property, the transfer must be made to that person.
3. If the testator or settlor has not nominated a custodian, or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, the personal representative or the trustee shall designate the custodian from among those eligible to serve as custodian for property of that kind.
Sec. 6. 1. A personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to the provisions of this chapter, in the absence of a will or under a will or trust that does not contain an authorization to do so.
2. A conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to the provisions of this chapter.
3. A transfer made pursuant to this section may be made only if:
(a) The personal representative, trustee or conservator considers the transfer to be in the best interest of the minor;
(b) The transfer is not prohibited by or inconsistent with the provisions of the applicable will, trust agreement or other governing instrument; and
(c) The transfer is authorized by the court if it exceeds $10,000 in value.
Sec. 7. 1. A person not subject to section 5 or 6 of this act who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to the provisions of this chapter.
2. If a person has nominated a custodian under section 3 of this act to receive the custodial property, the transfer must be made to that person.
3. If no custodian has been nominated, or if all persons so nominated die before the transfer or are unable, decline or are ineligible to serve, a transfer under this section may be made to an adult member of the minors family or to a trust company, unless the property exceeds $10,000 in value.
κ1985 Statutes of Nevada, Page 68 (CHAPTER 51, AB 7)κ
Sec. 8. A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to the provisions of this chapter.
Sec. 9. The validity of a transfer made in a manner prescribed in this chapter is not affected by:
1. The failure of the transferor to comply with the provisions of NRS 167.030 concerning possession and control;
2. The designation of an ineligible custodian, except the designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under subsection 1 of NRS 167.030; or
3. The death or incapacity of a person nominated or designated as custodian or the disclaimer of the office by that person.
Sec. 10. 1. A custodian, acting in a custodial capacity, has all the rights, powers and authority over custodial property that an unmarried adult has over his own property, but a custodian may exercise those rights, powers and authority in that capacity only.
2. This section does not relieve a custodian from liability for breach of any of the provisions of NRS 167.050.
Sec. 11. 1. A claim based on:
(a) A contract entered into by a custodian acting in a custodial capacity;
(b) An obligation arising from the ownership or control of custodial property; or
(c) A tort committed during the custodianship,
may be asserted against the custodial property by proceeding against the custodian in his custodial capacity, whether or not the custodian or the minor is personally liable therefor.
2. A custodian is not personally liable:
(a) On a contract properly entered into in his custodial capacity unless he fails to reveal that capacity and to identify the custodianship in the contract; or
(b) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless he is personally at fault.
3. A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless he is personally at fault.
Sec. 12. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minors estate upon the earlier of:
1. The minors attainment of 18 years of age with respect to custodial property transferred under section 4 or 5 of this act;
2. The minors attainment of 18 years of age with respect to custodial property transferred under section 6 or 7 of this act; or
3. The minors death.
κ1985 Statutes of Nevada, Page 69 (CHAPTER 51, AB 7)κ
Sec. 13. 1. A custodian may deliver or pay to the minor or expend for the minors benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to:
(a) The duty or ability of the custodian personally or of any other person to support the minor; or
(b) Any other income or property of the minor which may be applicable or available for that purpose.
2. On petition of an interested person, or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for his benefit so much of the custodial property as the court considers advisable for his use and benefit.
3. A delivery, payment or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
Sec. 14. NRS 167.010 is hereby amended to read as follows:
167.010 This chapter may be cited as [the Nevada] Nevadas Uniform [Gifts] Act on Transfers to Minors . [Act.]
Sec. 15. NRS 167.020 is hereby amended to read as follows:
167.020 In this chapter, unless the context otherwise requires:
1. [An adult is] Adult means a person who has attained the age of 18 years.
2. [A bank is a bank, trust company, national banking association, savings bank or industrial bank.
3. A broker is] Benefit plan means an employers plan for the benefit of an employee or partner.
3. Broker means a person lawfully engaged in the business of effecting transactions in securities or commodities for his own account or for the account of others. [The term includes a bank which effects such transactions. The term also includes a person lawfully engaged in buying and selling securities for his own account, through a broker or otherwise, as a part of a regular business.]
4. Conservator means a person appointed or qualified by a court to act as general, limited or temporary guardian of a minors property or any other person legally authorized to perform substantially the same functions.
5. Court means the district court.
[5. The custodial property includes:
(a) All securities, life insurance policies, annuity contracts, real property, tangible personal property and money under the supervision of the same custodian for the same minor as a consequence of a gift or gifts made to the minor in a manner prescribed in this chapter;
(b) The income from the custodial property; and
(c) The proceeds, immediate and remote, from the sale, exchange, conversion, investment, reinvestment, surrender or other disposition of such securities, money, life insurance policies, annuity contracts, real property, tangible personal property and income.
κ1985 Statutes of Nevada, Page 70 (CHAPTER 51, AB 7)κ
6. A custodian is]
6. Custodial property means:
(a) Any interest in property transferred to a custodian in a manner prescribed in this chapter; and
(b) The income from and the proceeds of that interest in property.
7. Custodian means a person so designated in a manner prescribed in this chapter. The term includes a successor or substitute custodian.
[7. A financial institution is]
8. Financial institution means a bank, [a federal savings and loan association, a savings institution chartered and supervised as a savings and loan or similar institution] trust company, savings institution or credit union chartered and supervised under federal law or the laws of a state . [or a federal credit union; and insured financial institution is one, deposits (including a savings, share, certificate or deposit account) in which are, in whole or in part, insured by the Federal Deposit Insurance Corporation, or by the Federal Savings and Loan Insurance Corporation.
8. A guardian of a minor means the general guardian, guardian, tutor or curator of his property or estate appointed or qualified by a court of this state or another state.
9. An issuer is a person who places or authorizes the placing of his name on a security (other than as a transfer agent) to evidence that it represents a share, participation or other interest in his property or in an enterprise or to evidence his duty or undertaking to perform an obligation evidenced by the security, or who becomes responsible for or in place of any such person.
10. A legal representative of a person is his executor or the administrator, general guardian, guardian, committee, conservator, tutor or curator of his property or estate.
11. A life insurance policy or annuity contract means a life insurance policy or annuity contract issued by an insurance company authorized to do business in this state on the life of a minor to whom a gift of the policy or contract is made in the manner prescribed in this chapter or on the life of a member of the minors family. Life insurance policy or annuity contract includes a life insurance certificate or annuity certificate, and life insurance company includes a fraternal benefit society.
12. A member of a minors family means any of the minors parents, grandparents, brothers, sisters, uncles and aunts,]
9. Legal representative means a personal representative or conservator.
10. Member of a minors family means a minors parent, step-parent, spouse, grandparent, brother, sister, uncle or aunt, whether of the whole blood or the half blood, or by or through legal adoption.
[13. A minor is]
κ1985 Statutes of Nevada, Page 71 (CHAPTER 51, AB 7)κ
11. Minor means a person who has not attained the age of 18 years.
[14. A security includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation in, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. The term does not include a security of which the donor is the issuer. A security is in registered form when it specifies a person entitled to it or to the rights it evidences and its transfer may be registered upon books maintained for that purpose by or on behalf of the issuer.
15. A transfer agent is a person who acts as authenticating trustee, transfer agent, registrar or other agent for an issuer in the registration of transfers of its securities or in the issue of new securities or in the cancellation of surrendered securities.
16. A trust company is a bank, corporation or other legal entity authorized to exercise trust power in this state.]
12. Person means any natural person, corporation, organization or other legal entity.
13. Personal representative means an executor, administrator, successor personal representative or special administrator of a decedents estate or any other person legally authorized to perform substantially the same functions.
14. State means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or possession subject to the legislative authority of the United States.
15. Transfer means a transaction which creates custodial property in a manner prescribed in this chapter.
16. Transferor means a person who makes a transfer in a manner prescribed in this chapter.
17. Trust company means a financial institution, corporation or other legal entity authorized to exercise general trust powers.
Sec. 16. NRS 167.030 is hereby amended to read as follows:
167.030 1. [An adult person may, during his lifetime, make a gift of a security, a life insurance policy or annuity contract, real property, tangible personal property or money to a person who is a minor on the date of the gift:
(a) If the subject of the gift is a security in registered form, by registering it in the name of the donor, another adult person or a trust company, followed, in substance, by the words: as custodian for ..................(name of minor).................. under the Nevada Uniform Gifts to Minors Act;
(b) If the subject of the gift is a security not in registered form, by delivering it to an adult person other than the donor or a trust company, accompanied by a statement of gift in the following form, in substance, signed by the donor and the person designated as custodian:
κ1985 Statutes of Nevada, Page 72 (CHAPTER 51, AB 7)κ
delivering it to an adult person other than the donor or a trust company, accompanied by a statement of gift in the following form, in substance, signed by the donor and the person designated as custodian:
Gift Under the Nevada Uniform Gifts to Minors Act
I, ..................(name of donor).................., hereby deliver to ..............................(name of custodian.............................. as custodian for ..............................(name of minor).............................. under the Nevada Uniform Gifts to Minors Act, the following security or securities: (Insert an appropriate description of the security or securities delivered sufficient to identify it or them).
.......................................................
(Signature of donor)
..............................(name of custodian).............................. hereby acknowledges receipt of the above-described security or securities as custodian for the above minor under the Nevada Uniform Gifts to Minors Act.
Dated:..............................
.......................................................
(Signature of custodian)
(c) If the subject of the gift is money, by paying or delivering it to a broker or a financial institution for credit to an account in the name of the donor, another adult or a trust company, followed, in substance, by the words: as custodian for ...............(name of minor)............... under the Nevada Uniform Gifts to Minors Act.
(d) If the subject of the gift is a life insurance policy or annuity contract, by causing the ownership of the policy or contract to be registered with the issuing insurance company in the name of the donor, another adult or a trust company, followed, in substance, by the words: as custodian for ...............(name of minor).............. under the Nevada Uniform Gifts to Minors Act.
(e) If the subject of the gift is an interest in real estate, by executing and delivering in the appropriate manner a deed, assignment or similar conveyance of the interest to the custodian in his own name, followed, in substance, by the words: as custodian for............... (name of minor)................ under the Nevada Uniform Gifts to Minors Act.
(f) If the subject of the gift is an interest in tangible personal property, by causing the ownership of the property to be transferred by any appropriate written document to the custodian in his own name, followed, in substance, by the words: as custodian for ...............(name of minor)............... under the Nevada Uniform Gifts to Minors Act.
2. Any gift] Custodial property is created and a transfer is made when:
(a) An uncertificated security or a certificated security in registered form is:
(1) Registered in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: as custodian for ..................................................
κ1985 Statutes of Nevada, Page 73 (CHAPTER 51, AB 7)κ
custodian for .................................................. (name of minor) under Nevadas Uniform Act on Transfers to Minors; or
(2) Delivered if in certificated form, or any document necessary for the transfer or an uncertificated security is delivered, with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection 2;
(b) Money is paid or delivered to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: as custodian for .................................................. (name of minor) under Nevadas Uniform Act on Transfers to Minors;
(c) The ownership of a life or endowment insurance policy or annuity contract is:
(1) Registered with the issuer in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: as custodian for .................................................. (name of minor) under Nevadas Uniform Act on Transfers to Minors; or
(2) Assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words: as custodian for .................................................. (name of minor) under Nevadas Uniform Act on Transfers to Minors;
(d) An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer or other obligor that the right is transferred to the transferor, an adult other than the transferor or a trust company, whose name in the notification is followed in substance by the words: as custodian for .................................................. (name of minor) under Nevadas Uniform Act on Transfers to Minors;
(e) An interest in real property is recorded in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: as custodian for .................................................. (name of minor) under Nevadas Uniform Act on Transfers to Minors;
(f) A certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is:
(1) Issued in the name of the transferor, an adult other than the transferor or a trust company, followed in substance by the words: as custodian for .................................................. (name of minor) under Nevadas Uniform Act on Transfers to Minors; or
(2) Delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words: as custodian for .................................................. (name of minor) under Nevadas Uniform Act on Transfers to Minors; or
κ1985 Statutes of Nevada, Page 74 (CHAPTER 51, AB 7)κ
(g) An interest in any property not described in paragraphs (a) to (f), inclusive, is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection 2.
2. An instrument in the following form satisfies the requirements of subparagraph (2) of paragraph (a) of subsection 1 and paragraph (g) of subsection 1:
Transfer Under Nevadas Uniform Act on Transfers to Minors
I, ..................................................(name of transferor or name and representative capacity if a fiduciary) hereby transfer to ..............................(name of custodian), as custodian for..............................(name of minor) under Nevadas Uniform Act on Transfers to Minors, the following: (Insert a description of the custodial property sufficient to identify it).
Dated: ...............................
.......................................................................................................
(Signature)
..................................................(name of custodian) acknowledges receipt of the property described above as custodian for the minor named above under Nevadas Uniform Act on Transfers to Minors.
Dated: ...............................
.......................................................................................................
(Signature of Custodian)
3. Any transfer made in a manner prescribed in subsection 1 may be made to only one minor and only one person may be the custodian. Any custodial property held by the same custodian for the benefit of the same minor constitutes a single custodianship.
[3. A donor who makes a gift to a minor in a manner prescribed in subsection 1]
4. A transferor shall promptly do all things within his power to put the subject of the [gift] transfer in the possession and control of the custodian . [, but neither the donors failure to comply with this subsection, his designation of an ineligible person as custodian nor renunciation by the person designated as custodian affects the consummation of the gift.]
Sec. 17. NRS 167.040 is hereby amended to read as follows:
167.040 1. A [gift] transfer made in a manner prescribed in this chapter is irrevocable and conveys to the minor indefeasibly vested legal title to the [security, life insurance policy, annuity contract, real property, tangible personal property or money given, but no guardian of the minor] custodial property, but the custodian has any right, power, duty or authority provided in this chapter and neither the minor nor the minors legal representative has any right, power, duty or authority with respect to the custodial property except as provided in this chapter.
2. By making a [gift] transfer in a manner prescribed in this chapter, the [donor] transferor incorporates in his [gift] disposition all the provisions of this chapter and grants to the custodian, and to any [issuer, transfer agent, bank, financial institution, life insurance company, broker or] third person dealing with a person designated as custodian, the respective powers, rights and immunities provided in this chapter.
κ1985 Statutes of Nevada, Page 75 (CHAPTER 51, AB 7)κ
provisions of this chapter and grants to the custodian, and to any [issuer, transfer agent, bank, financial institution, life insurance company, broker or] third person dealing with a person designated as custodian, the respective powers, rights and immunities provided in this chapter.
Sec. 18. NRS 167.050 is hereby amended to read as follows:
167.050 1. The custodian shall [collect,] :
(a) Take control of the custodial property;
(b) Register or record title to the custodial property, if appropriate; and
(c) Collect, hold, manage, invest and reinvest the custodial property.
2. [The custodian shall pay over to the minor for expenditure by him, or expend for the minors benefit, so much of or all the custodial property as the custodian deems advisable for the support, maintenance, education and benefit of the minor in the manner, at the time or times, and to the extent that the custodian in his discretion deems suitable and proper, with or without court order, with or without regard to the duty of himself or of any other person to support the minor or his ability to do so, and with or without regard to any other income or property of the minor which may be applicable or available for any such purpose.
3. The court, on the petition of a parent or guardian of the minor or of the minor, if he has attained the age of 14 years, may order the custodian to pay over to the minor for expenditure by him or to expend so much of or all the custodial property as is necessary for the minors support, maintenance or education.
4. To the extent that the custodial property is not so expended, the custodian shall deliver or pay it over to the minor on his attaining the age of 18 years or, if the minor dies before attaining the age of 18 years, he shall thereupon deliver or pay it over to the estate of the minor.
5. The custodian, notwithstanding statutes restricting investments by fiduciaries, shall invest and reinvest the custodial property as would a prudent man of discretion and intelligence who is seeking a reasonable income and the preservation of his capital, except that he may, in his discretion and without liability to the minor or his estate, retain a security given to the minor in a manner prescribed in this chapter or hold money so given in an account in the financial institution to which it was paid or delivered by the donor.
6. The custodian may sell, exchange, convert, surrender or otherwise dispose of custodial property in the manner, at the time or times, for the price or prices and upon the terms he deems advisable. He may vote in person or by general or limited proxy a security which is custodial property. He may consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of an issuer, a security of which is custodial property, and to the sale, lease, pledge or mortgage of any property by or to such an issuer, and to any other action by such an issuer. He may execute and deliver any instruments in writing which he deems advisable to carry out any of his powers as custodian.
κ1985 Statutes of Nevada, Page 76 (CHAPTER 51, AB 7)κ
his powers as custodian. With respect to any interest in real property, he may perform the same acts that any adult may perform, including all powers enumerated for a trustee under NRS 163.265 to 163.410, inclusive.
7. The custodian shall register each security which is custodial property and in registered form in the name of the custodian, followed, in substance, by the words: as custodian for ...............(name of minor............... under the Nevada Uniform Gifts to Minors Act. The custodian shall hold all money which is custodial property in an account with a broker or in an insured financial institution in the name of the custodian, followed, in substance, by the words: as custodian for ...............(name of minor)............... under the Nevada Uniform Gifts to Minors Act. The custodian shall keep all other custodial property separate and distinct from his own property in a manner to identify it clearly as custodial property.
8. The custodian shall keep records of all transactions with respect to the custodial property and make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor, if he has attained the age of 14 years.
9. A custodian has and holds as powers in trust, with respect to the custodial property, in addition to the rights and powers provided in this chapter, all the rights and powers which a guardian has with respect to property not held as custodial property.
10. If the subject of the gift is a life insurance policy or annuity contract, the custodian:
(a) In his capacity as custodian, has all the incidents of ownership in the policy or contract to the extent as if he were the owner, except that the designated beneficiary of any policy or contract on the life of the minor shall be the minors estate and the designated beneficiary of any policy or contract on the life of a person other than the minor shall be the custodian as custodian for the minor for whom he is acting; and
(b) May pay premiums on the policy or contract out of the custodial property.] In dealing with custodial property, the custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another, and is not limited by any other statute restricting investments by fiduciaries. If the custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, he shall use that skill or expertise. However, the custodian, without liability to the minor or the minors estate, may retain any custodial property received from a transferor.
3. The custodian may invest in or pay premiums on life insurance or endowment policies on the life of:
(a) The minor only if the minor or the minors estate is the sole beneficiary; or
(b) Another person in whom the minor has an insurable interest only to the extent that the minor, the minors estate or the custodian, in the capacity of custodian, is the irrevocable beneficiary.
4. The custodian at all times shall keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor.
κ1985 Statutes of Nevada, Page 77 (CHAPTER 51, AB 7)κ
and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor. Custodial property consisting of an undivided interest is so identified if the minors interest is held as a tenant in common and is fixed. Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: as a custodian for ...................................................... (name of minor) under Nevadas Uniform Act on Transfers to Minors.
5. The custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minors tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor, if the minor has attained the age of 14 years.
Sec. 19. NRS 167.060 is hereby amended to read as follows:
167.060 1. A custodian is entitled to reimbursement from the custodial property for his reasonable expenses incurred in the performance of his duties.
2. [A custodian may act without compensation for his services.
3.] Unless he is a [donor,] transferor under section 4 of this act, a custodian may elect to receive from the custodial property during each calendar year reasonable compensation for his services [determined by one of the following standards in the order stated:
(a) A direction by the donor when the gift is made;
(b) A statute of this state applicable to custodians;
(c) The statute of this state applicable to guardians; or
(d) An order of the court.
4.] performed during that year.
3. Except as otherwise provided in this chapter, a custodian [shall not be required to] need not give a bond for the performance of his duties.
[5. A custodian not compensated for his services is not liable for losses to the custodial property unless they result from his bad faith, intentional wrongdoing or gross negligence or from his failure to maintain the standard of prudence in investing the custodial property provided in this chapter.]
Sec. 20. NRS 167.070 is hereby amended to read as follows:
167.070 [No issuer, transfer agent, bank, life insurance company, broker or other person or financial institution acting on the instructions of or otherwise dealing with any person purporting to act as a donor or in the capacity of a custodian is] A third person acting in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, without knowledge, is not responsible for determining [whether] :
1. Whether the person designated as custodian [by the purported donor or by the custodian] or purporting to act as a custodian has been duly designated [or whether any purchase, sale or transfer to or by any other act of any person purporting to act in the capacity of custodian is in accordance with or authorized by this chapter, or is obliged to inquire into the] ;
κ1985 Statutes of Nevada, Page 78 (CHAPTER 51, AB 7)κ
duly designated [or whether any purchase, sale or transfer to or by any other act of any person purporting to act in the capacity of custodian is in accordance with or authorized by this chapter, or is obliged to inquire into the] ;
2. The propriety of, or the authority under this chapter for, any act of the purported custodian;
3. The validity or propriety under this chapter of any instrument or instructions executed or given by a person purporting to [act as a donor or in the capacity of a custodian, or is bound to see to the application by any person purporting to act in the capacity of a custodian of any money or other property paid or delivered to him. No issuer, transfer agent, bank, life insurance company, broker or other person or financial institution acting on any instrument of designation of a successor custodian, executed as provided in subsection 1 of NRS 167.080 by a minor to whom a gift has been made in a manner prescribed in this chapter and who has attained the age of 14 years, is responsible for determining whether the person designated by the minor as successor custodian has been duly designated, or is obliged to inquire into the validity or propriety under this chapter of the instrument of designation.] make a transfer or by the purported custodian; or
4. The propriety of the application of any property of the minor delivered to the purported custodian.
Sec. 21. NRS 167.080 is hereby amended to read as follows:
167.080 1. [Only an adult member of the minors family, a guardian of the minor or a trust company is eligible to become successor custodian. A custodian may designate his successor by executing and dating an instrument of designation before a subscribing witness other than the successor; the instrument of designation may but need not contain the resignation of the custodian. If the custodian does not so designate his successor before he dies or becomes legally incapacitated, and the minor has attained the age of 14 years, the minor may designate a successor custodian by executing an instrument of designation before a subscribing witness other than the successor. A successor custodian has all the rights, powers, duties and immunities of a custodian designated in a manner prescribed by this chapter.
2. The designation of a successor custodian as provided in subsection 1 takes effect as to each item of the custodial property when the custodian resigns, dies, or becomes legally incapacitated and the custodian or his legal representative:
(a) Causes the item, if it is a security in registered form or a life insurance policy or annuity contract, to be registered, with the issuing insurance company in the case of a life insurance policy or annuity contract, in the name of the successor custodian followed, in substance, by the words: as custodian for ....................(name of minor)............... under the Nevada Uniform Gifts to Minors Act; and
(b) Executes a conveyance of the interest to the successor custodian, if the custodial property is an interest in real property, designated in substance, by the words: as custodian for ...............(name of minor)...............
κ1985 Statutes of Nevada, Page 79 (CHAPTER 51, AB 7)κ
minor)............... under the Nevada Uniform Gifts to Minors Act and delivers the instrument for recording to the proper office; and
(c) Delivers or causes to be delivered to the successor custodian any other item of the custodial property, together with the instrument of designation of the successor custodian or a true copy thereof and any additional instruments required for the transfer thereof to the successor custodian.
3. A custodian who executes an instrument of designation of his successor containing the custodians resignation as provided in subsection 1 shall promptly do all things within his power to put each item of the custodial property in the possession and control of the successor custodian named in the instrument. The legal representative of a custodian who dies or becomes legally incapacitated shall promptly do all things within his power to put each item of the custodial property in the possession and control of the successor custodian named in an instrument of designation executed as provided in subsection 1 by the custodian or, if none, by the minor if he has no guardian and has attained the age of 14 years, or in the possession and control of the guardian of the minor if he has a guardian. If the custodian has executed as provided in subsection 1 more than one instrument of designation, his legal representative shall treat the instrument dated on an earlier date as having been revoked by the instrument dated on a later date.
4. If the person designated as custodian or as successor custodian by the custodian as provided in subsection 1 is not eligible, dies or becomes legally incapacitated before the minor attains the age of 18 years and if the minor has a guardian, the guardian of the minor shall be successor custodian. If the minor has no guardian and if no successor custodian who is eligible and has not died or become legally incapacitated has been designated as provided in subsection 1, a donor, his legal representative, the legal representative of the custodian or an adult member of the minors family may petition the court for the designation of a successor custodian.
5. A donor,] A person nominated or designated as a custodian may decline to serve by delivering a valid disclaimer to the person who made the nomination or to the transferor or the transferors legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing and eligible to serve was nominated, the person who made the nomination may nominate a substitute custodian; otherwise the transferor or the transferors legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property. The custodian so designated has the rights of a successor custodian.
2. A custodian at any time may designate a trust company or an adult other than a transferor as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated or is removed.
κ1985 Statutes of Nevada, Page 80 (CHAPTER 51, AB 7)κ
of the successor does not take effect until the custodian resigns, dies, becomes incapacitated or is removed.
3. A custodian may resign at any time by delivering written notice to the minor, if the minor has attained the age of 14 years, and to the successor custodian and by delivering the custodial property to the successor custodian.
4. If a custodian is ineligible, dies or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subsection 2, an adult member of the minors family, a conservator of the minor or a trust company. If the minor has not attained the age of 14 years or fails to act within 60 days after the ineligibility, death or incapacity, the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minors family, or any other interested person may petition the court to designate a successor custodian.
5. A custodian who declines to serve under subsection 1 or resigns under subsection 3, or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.
6. A transferor, the legal representative of a [donor, a successor custodian,] transferor, an adult member of the minors family, a guardian of the minor , the conservator of the minor, or the minor [,] if he has attained the age of 14 years [,] may petition the court that, for cause shown in the petition, the custodian be removed and a successor custodian be designated , other than a transferor, or, in the alternative, that the custodian be required to give bond for the performance of his duties.
[6. Upon the filing of a petition as provided in this section, the court shall grant an order, directed to the persons and returnable on such notice as the court may require, to show cause why the relief prayed for in the petition should not be granted and, in due course, grant such relief as the court finds to be in the best interests of the minor.]
Sec. 22. NRS 167.090 is hereby amended to read as follows:
167.090 1. The minor, if he has attained the age of 14 years, or the guardian or legal representative of the minor, an adult member of the minors family, or a [donor] transferor or his legal representative may petition the court for [an] :
(a) An accounting by the custodian or his legal representative [.
2.] ; or
κ1985 Statutes of Nevada, Page 81 (CHAPTER 51, AB 7)κ
(b) A determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property, unless the responsibility has been adjudicated in an action pursuant to section 11 of this act to which the minor or his legal representative was a party.
2. A successor custodian may petition the court for an accounting by the predecessor custodian.
3. The court, in a proceeding under this chapter or otherwise, may require or permit the custodian or his legal representative to account and, if the custodian is removed, shall so require and order delivery of all custodial property and records to the successor custodian and the execution of all instruments required for the transfer [thereof.] of the custodial property.
Sec. 23. NRS 167.100 is hereby amended to read as follows:
167.100 [1.] This chapter [shall] must be so applied and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
[2. This chapter shall not be construed as providing an exclusive method for making gifts to minors.]
Sec. 24. NRS 167.110 is hereby repealed.
Sec. 25. This act applies to a transfer within the scope of section 2 of this act which is made after July 1, 1985, if:
1. The transfer purports to have been made under the Nevada Uniform Gifts to Minors Act; or
2. The instrument by which the transfer purports to have been made uses in substance the designation as custodian under the Uniform Gifts to Minors Act or as custodian under the Uniform Transfers to Minors Act of any other state, and the application of this act is necessary to validate the transfer.
Sec. 26. 1. Any transfer of custodial property as now defined in this act made before July 1, 1985, is validated notwithstanding that there was no specific authority in the Nevada Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
2. This act applies to all transfers made before July 1, 1985, in a manner and form prescribed in the Nevada Uniform Gifts to Minors Act, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 82κ
Assembly Bill No. 6Assemblyman Sader
CHAPTER 52
AN ACT relating to the Uniform Commercial Code; adopting revisions to article 8 concerning investment securities which are not represented by certificates; and providing other matters properly relating thereto.
[Approved March 28, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 104 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. This chapter does not repeal NRS 162.150 to 162.250, inclusive, cited as the Uniform Act for the Simplification of Fiduciary Security Transfers, and if in any respect there is any inconsistency between that act and this article the provisions of NRS 162.150 to 162.250, inclusive, control.
Sec. 3. 1. A security interest in a security is enforceable and can attach only if it is transferred to the secured party or a person designated by him pursuant to a provision of subsection 1 of NRS 104.8313.
2. A security interest so transferred pursuant to agreement by a transferor who has rights in the security to a transferee who has given value is a perfected security interest, but a security interest that has been transferred solely under paragraph (i) of subsection 1 of NRS 104.8313 becomes unperfected after 21 days unless, within that time, the requirements for transfer under any other provision of subsection 1 of NRS 104.8313 are satisfied.
3. A security interest in a security is subject to the provisions of article 9, but:
(a) No filing is required to perfect the security interest; and
(b) No written security agreement signed by the debtor is necessary to make the security interest enforceable, except as provided in paragraph (h), (i) or (j) of subsection 1 of NRS 104.8313. The secured party has the rights and duties provided under NRS 104.9207, to the extent they are applicable, whether or not the security is certificated, and, if certificated, whether or not it is in his possession.
4. Unless otherwise agreed, a security interest in a security is terminated by transfer to the debtor or a person designated by him pursuant to a provision of subsection 1 of NRS 104.8313. If a security is thus transferred, the security interest, if not terminated, becomes unperfected unless the security is certificated and is delivered to the debtor for the purpose of ultimate sale or exchange or presentation, collection, renewal or registration of transfer. In that case, the security interest becomes unperfected after 21 days unless, within that time, the security (or securities for which it has been exchanged) is transferred to the secured party or a person designated by him pursuant to a provision of subsection 1 of NRS 104.8313.
κ1985 Statutes of Nevada, Page 83 (CHAPTER 52, AB 6)κ
Sec. 4. 1. No issuer is subject to the requirements of this section unless it regularly maintains a system for issuing the class of securities involved under which both certificated and uncertificated securities are regularly issued to the category of owners, which includes the person in whose name the new security is to be registered.
2. Upon surrender of a certificated security with all necessary endorsements and presentation of a written request by the person surrendering the security, the issuer, if he has no duty as to adverse claims or has discharged the duty (NRS 104.8403), shall issue to the person or a person designated by him an equivalent uncertificated security subject to all liens, restrictions and claims that were noted on the certificated security.
3. Upon receipt of a transfer instruction originated by an appropriate person who so requests, the issuer of an uncertificated security shall cancel the uncertificated security and issue an equivalent certificated security on which must be noted conspicuously any liens and restrictions of the issuer and any adverse claims (as to which the issuer has a duty under subsection 4 of NRS 104.8403) to which the uncertificated security was subject. The certificated security shall be registered in the name of and delivered to:
(a) The registered owner, if the uncertificated security was not subject to a registered pledge; or
(b) The registered pledgee, if the uncertificated security was subject to a registered pledge.
Sec. 5. 1. Within 2 business days after the transfer of an uncertificated security has been registered, the issuer shall send to the new registered owner and, if the security has been transferred subject to a registered pledge, to the registered pledgee a written statement containing:
(a) A description of the issue of which the uncertificated security is a part;
(b) The number of shares or units transferred;
(c) The name and address and any taxpayer identification number of the new registered owner and, if the security has been transferred subject to a registered pledge, the name and address and any taxpayer identification number of the registered pledgee;
(d) A notation of any liens and restrictions of the issuer and any adverse claims (as to which the issuer has a duty under subsection 4 of NRS 104.8403) to which the uncertificated security is or may be subject at the time of registration or a statement that there are none of those liens, restrictions or adverse claims; and
(e) The date the transfer was registered.
2. Within 2 business days after the pledge of an uncertificated security has been registered, the issuer shall send to the registered owner and the registered pledgee a written statement containing:
(a) A description of the issue of which the uncertificated security is a part;
κ1985 Statutes of Nevada, Page 84 (CHAPTER 52, AB 6)κ
(b) The number of shares or units pledged;
(c) The name and address and any taxpayer identification number of the registered owner and the registered pledgee;
(d) A notation of any liens and restrictions of the issuer and any adverse claims (as to which the issuer has a duty under subsection 4 of NRS 104.8403) to which the uncertificated security is or may be subject at the time of registration or a statement that there are none of those liens, restrictions or adverse claims; and
(e) The date the pledge was registered.
3. Within 2 business days after the release from pledge of an uncertificated security has been registered, the issuer shall send to the registered owner and the pledgee whose interest was released a written statement containing:
(a) A description of the issue of which the uncertificated security is a part;
(b) The number of shares or units released from pledge;
(c) The name and address and any taxpayer identification number of the registered owner and the pledgee whose interest was released;
(d) A notation of any liens and restrictions of the issuer and any adverse claims (as to which the issuer has a duty under subsection 4 of NRS 104.8403) to which the uncertificated security is or may be subject at the time of registration or a statement that there are none of those liens, restrictions or adverse claims; and
(e) The date the release was registered.
4. An initial transaction statement is the statement sent to:
(a) The new registered owner and, if applicable, to the registered pledgee pursuant to subsection 1;
(b) The registered pledgee pursuant to subsection 2; or
(c) The registered owner pursuant to subsection 3.
Each initial transaction statement shall be signed by or on behalf of the issuer and must be identified as Initial Transaction Statement.
5. Within 2 business days after the transfer of an uncertificated security has been registered, the issuer shall send to the former registered owner and the former registered pledgee, if any, a written statement containing:
(a) A description of the issue of which the uncertificated security is a part;
(b) The number of shares or units transferred;
(c) The name and address and any taxpayer identification number of the former registered owner and of any former registered pledgee; and
(d) The date the transfer was registered.
6. At periodic intervals no less frequent than annually and at any time upon the reasonable written request of the registered owner, the issuer shall send to the registered owner of each uncertificated security a dated written statement containing:
(a) A description of the issue of which the uncertificated security is a part;
κ1985 Statutes of Nevada, Page 85 (CHAPTER 52, AB 6)κ
(b) The name and address and any taxpayer identification number of the registered owner;
(c) The number of shares or units of the uncertificated security registered in the name of the registered owner on the date of the statement;
(d) The name and address and any taxpayer identification number of any registered pledgee and the number of shares or units subject to the pledge; and
(e) A notation of any liens and restrictions of the issuer and any adverse claims (as to which the issuer has a duty under subsection 4 of NRS 104.8403) to which the uncertificated security is or may be subject or a statement that there are none of those liens, restrictions or adverse claims.
7. At periodic intervals no less frequent than annually and at any time upon the reasonable written request of the registered pledgee, the issuer shall send to the registered pledgee of each uncertificated security a dated written statement containing:
(a) A description of the issue of which the uncertificated security is a part;
(b) The name and address and any taxpayer identification number of the registered owner;
(c) The name and address and any taxpayer identification number of the registered pledgee;
(d) The number of shares or units subject to the pledge; and
(e) A notation of any liens and restrictions of the issuer and any adverse claims (as to which the issuer has a duty under subsection 4 of NRS 104.8403) to which the uncertificated security is or may be subject or a statement that there are none of those liens, restrictions or adverse claims.
8. If the issuer sends the statements described in subsections 6 and 7 at periodic intervals no less frequent than quarterly, the issuer is not obliged to send additional statements upon request unless the owner or pledgee requesting them pays to the issuer the reasonable cost of furnishing them.
9. Each statement sent pursuant to this section must bear a conspicuous legend reading substantially as follows: This statement is merely a record of the rights of the addressee as of the time of its issuance. Delivery of this statement, of itself, confers no rights on the recipient. This statement is neither a negotiable instrument nor a security.
Sec. 6. NRS 104.8102 is hereby amended to read as follows:
104.8102 1. In this article unless the context otherwise requires:
(a) A [security is an instrument which:
(1) Is issued in bearer or registered form; and
(2) Is of a type commonly dealt in upon securities exchanges or markets or commonly recognized in any area in which it is issued or dealt in as a medium for investment; and
(3) Is either one of a class or series or by its terms is divisible into a class or series of instruments; and
κ1985 Statutes of Nevada, Page 86 (CHAPTER 52, AB 6)κ
(4) Evidences a share, participation or other interest in property or in an enterprise or evidences an obligation of the issuer.
(b) A writing which is a security is governed by this article and not by Uniform Commercial Code — Commercial Paper even though it also meets the requirements of that article. This article does not apply to money.
(c) A security is in registered form when it specifies a person entitled to the security or to the rights it evidences and when its transfer may be registered upon books maintained for that purpose by or on behalf of an issuer or the security so states.
(d) A security is in bearer form when it runs to bearer according to its terms and not by reason of any endorsement.] certificated security is a share, participation or other interest in property of or an enterprise of the issuer or an obligation of the issuer which is:
(1) Represented by an instrument issued in bearer or registered form;
(2) Of a type commonly dealt in on securities exchanges or markets or commonly recognized in any area in which it is issued or dealt in as a medium for investment; and
(3) Either one of a class or series or by its terms divisible into a class or series of shares, participations, interests or obligations.
(b) An uncertificated security is a share, participation or other interest in property or an enterprise of the issuer or an obligation of the issuer which is:
(1) Not represented by an instrument and the transfer of which is registered upon books maintained for that purpose by or on behalf of the issuer;
(2) Of a type commonly dealt in on securities exchanges or markets; and
(3) Either one of a class or series or by its terms divisible into a class or series of shares, participations, interests or obligations.
(c) A security is either a certificated or an uncertificated security. If a security is certificated, the terms security and certificated security may mean either the intangible interest, the instrument representing that interest, or both, as the context requires. A writing that is a certificated security is governed by this article and not by Uniform Commercial Code — Commercial Paper, even though it also meets the requirements of that article. This article does not apply to money. If a certificated security has been retained by or surrendered to the issuer or its transfer agent for reasons other than registration of transfer, other temporary purpose, payment, exchange, or acquisition by the issuer, that security shall be treated as an uncertificated security for purposes of this article.
(d) A certificated security is in registered form if:
(1) It specifies a person entitled to the security or the rights it represents; and
κ1985 Statutes of Nevada, Page 87 (CHAPTER 52, AB 6)κ
(2) Its transfer may be registered upon books maintained for that purpose by or on behalf of the issuer, or the security so states.
(e) A certificated security is in bearer form if it runs to bearer according to its terms and not by reason of any endorsement.
2. A subsequent purchaser is a person who takes other than by original issue.
3. A clearing corporation is a corporation [:
(a) At least 90 percent of the capital stock of which is held by or for 1 or more persons, other than individuals, each of whom:
(1) Is subject to supervision or regulation pursuant to the provisions of federal or state banking laws or state insurance laws; or
(2) Is a broker or dealer or investment company registered under the Securities Exchange Act of 1934 or the Investment Company Act of 1940; or
(3) Is a national securities exchange or association registered under a statute of the United States such as the Securities Exchange Act of 1934,
and none of whom, other than a national securities exchange or association, holds in excess of 20 percent of the capital stock of such corporation; and
(b) Any remaining capital stock of which is held by individuals who have purchased such capital stock at or prior to the time of their taking office as directors of such corporation and who have purchased only so much of such capital stock as may be necessary to permit them to qualify as such directors.] registered as a clearing agency under the federal securities laws or a corporation:
(a) At least 90 percent of whose capital stock is held by or for one or more organizations, none of which, other than a national securities exchange or association, holds in excess of 20 percent of the capital stock of the corporation, and each of which is:
(1) Subject to supervision or regulation pursuant to the provisions of federal or state banking laws or state insurance laws;
(2) A broker or dealer or investment company registered under the federal securities laws; or
(3) A national securities exchange or association registered under the federal securities laws; and
(b) Any remaining capital stock of which is held by individuals who have purchased it at or prior to the time of their taking office as directors of the corporation and who have purchased only so much of the capital stock as is necessary to permit them to qualify as directors.
4. A custodian bank is [any] a bank or trust company [which] that is supervised and examined by state or federal authority having supervision over banks and [which] is acting as custodian for a clearing corporation.
5. Other definitions applying to this article or to specified parts thereof and the [section] sections in which they appear are:
κ1985 Statutes of Nevada, Page 88 (CHAPTER 52, AB 6)κ
Adverse claim. NRS [104.8301.] 104.8302.
Bona fide purchaser. NRS 104.8302.
Broker. NRS 104.8303.
Debtor. NRS 104.9105.
Financial intermediary. NRS 104.8313.
Guarantee of the signature. NRS 104.8402.
Initial transaction statement. Section 5 of this act.
Instruction. NRS 104.8308.
Intermediary bank. NRS 104.4105.
Issuer. NRS 104.8201.
Overissue. NRS 104.8104.
Secured party. NRS 104.9105.
Security agreement. NRS 104.9105.
6. In addition article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
Sec. 7. NRS 104.8103 is hereby amended to read as follows:
104.8103 A lien upon a security in favor of an issuer thereof is valid against a purchaser only if [the right of the issuer to such lien is noted conspicuously on the security.] :
1. The security is certificated and the right of the issuer to the lien is noted conspicuously thereon; or
2. The security is uncertificated and a notation of the right of the issuer to the lien is contained in the initial transaction statement sent to the purchaser or, if his interest is transferred to him other than by registration of transfer, pledge or release, the initial transaction statement sent to the registered owner or the registered pledgee.
Sec. 8. NRS 104.8104 is hereby amended to read as follows:
104.8104 1. The provisions of this article which validate a security or compel its issue or reissue do not apply to the extent that validation, issue or reissue would result in overissue [;] , but:
(a) If an identical security which does not constitute an overissue is reasonably available for purchase, the person entitled to issue or validation may compel the issuer to purchase [and deliver such a] the security for him and either to deliver a certificated security or to register the transfer of an uncertificated security to him against surrender of [the security, if any, which] any certificated security he holds; or
(b) If a security is not so available for purchase, the person entitled to issue or validation may recover from the issuer the price he or the last purchaser for value paid for it with interest from the date of his demand.
2. Overissue means the issue of securities in excess of the amount [which] the issuer has corporate power to issue.
Sec. 9. NRS 104.8105 is hereby amended to read as follows:
104.8105 1. [Securities] Certificated securities governed by this article are negotiable instruments.
2. Statements (section 5 of this act), notices, or the like, sent by the issuer of uncertificated securities and instructions (NRS 104.8308) are neither negotiable instruments nor certificated securities.
κ1985 Statutes of Nevada, Page 89 (CHAPTER 52, AB 6)κ
3. In any action on a security:
(a) Unless specifically denied in the pleadings, each signature on [the security or] a certificated security, in a necessary endorsement , on an initial transaction statement, or on an instruction, is admitted;
(b) [When] If the effectiveness of a signature is put in issue , the burden of establishing it is on the party claiming under the signature , but the signature is presumed to be genuine or authorized;
(c) [When] If signatures on a certificated security are admitted or established , production of the [instrument] security entitles a holder to recover on it unless the defendant establishes a defense or a defect going to the validity of the security; [and]
(d) If signatures on an initial transaction statement are admitted or established, the facts stated in the statement are presumed to be true as of the time of its issuance; and
(e) After it is shown that a defense or defect exists , the plaintiff has the burden of establishing that he or some person under whom he claims is a person against whom the defense or defect is ineffective (NRS 104.8202).
Sec. 10. NRS 104.8106 is hereby amended to read as follows:
104.8106 The [validity of a security and the rights and duties of the issuer with respect to registration of transfer are governed by the] law (including the conflict of laws rules) of the jurisdiction of organization of the issuer [.] governs the validity of a security, the effectiveness of registration by the issuer, and the rights and duties of the issuer with respect to:
1. Registration of transfer of a certificated security;
2. Registration of transfer, pledge or release of an uncertificated security, and
3. Sending of statements of uncertificated securities.
Sec. 11. NRS 104.8107 is hereby amended to read as follows:
104.8107 1. Unless otherwise agreed and subject to any applicable law or regulation respecting short sales, a person obligated to [deliver] transfer securities may [deliver] transfer any certificated security of the specified issue in bearer form or registered in the name of the transferee or endorsed to him or in blank [.] , or he may transfer an equivalent uncertificated security to the transferee or a person designated by the transferee.
2. [When] If the buyer fails to pay the price as it comes due under a contract of sale , the seller may recover the price:
(a) Of certificated securities accepted by the buyer; [and]
(b) Of uncertificated securities that have been transferred to the buyer or a person designated by the buyer; and
(c) Of other securities if efforts at their resale would be unduly burdensome or if there is no readily available market for their resale.
Sec. 12. NRS 104.8108 is hereby amended to read as follows:
104.8108 [This chapter does not repeal NRS 162.150 to 162.250, inclusive, cited as the Uniform Act for the Simplification of Fiduciary Security Transfers, and if in any respect there is any inconsistency between that act and this article the provisions of NRS 162.150 to 162.250, inclusive, shall control.]
κ1985 Statutes of Nevada, Page 90 (CHAPTER 52, AB 6)κ
Security Transfers, and if in any respect there is any inconsistency between that act and this article the provisions of NRS 162.150 to 162.250, inclusive, shall control.] A security interest in an uncertificated security may be evidenced by the registration of pledge to the secured party or a person designated by him. There can be no more than one registered pledge of an uncertificated security at any time. The registered owner of an uncertificated security is the person in whose name the security is registered, even if the security is subject to a registered pledge. The rights of a registered pledgee of an uncertificated security under this article are terminated by the registration of release.
Sec. 13. NRS 104.8201 is hereby amended to read as follows:
104.8201 1. With respect to obligations on or defenses to a security , issuer includes a person who:
(a) Places or authorizes the placing of his name on a certificated security (otherwise than as authenticating trustee, registrar, transfer agent or the like) to evidence that it represents a share, participation or other interest in his property or in an enterprise or to evidence his duty to perform an obligation [evidenced] represented by the certificated security; [or]
(b) Creates shares, participations or other interests in his property or in an enterprise or undertakes obligations, which shares, participations, interests or obligations are uncertificated securities;
(c) Directly or indirectly creates fractional interests in his rights or property , which fractional interests are [evidenced] represented by certificated securities; or
[(c)] (d) Becomes responsible for or in place of any other person described as an issuer in this section.
2. With respect to obligations on or defenses to a security , a guarantor is an issuer to the extent of his guaranty , whether or not his obligation is noted on [the security.] a certificated security or on statements of uncertificated securities sent pursuant to section 5 of this act.
3. With respect to registration of transfer , pledge or release (part 4 of this article) , issuer means a person on whose behalf transfer books are maintained.
Sec. 14. NRS 104.8202 is hereby amended to read as follows:
104.8202 1. Even against a purchaser for value and without notice, the terms of a security include [those stated on the security and those made part of the security by reference to another instrument, indenture or document or to a constitution, statute, ordinance, rule, regulation, order or the like to the extent that the terms so referred to do not conflict with the stated terms. Such a reference does not of itself charge a purchaser for value with notice of a defect going to the validity of the security even though the security expressly states that a person accepting it admits such notice.
2. (a) A security other than one issued by a government or governmental agency or unit even though issued with a defect going to its validity is valid in the hands of a purchaser for value and without notice of the particular defect unless the defect involves a violation of constitutional provisions, in which case the security is valid in the hands of a subsequent purchaser for value and without notice of the defect.
κ1985 Statutes of Nevada, Page 91 (CHAPTER 52, AB 6)κ
of the particular defect unless the defect involves a violation of constitutional provisions, in which case the security is valid in the hands of a subsequent purchaser for value and without notice of the defect.
(b) The rule of paragraph (a) applies to an issuer which is a government or governmental agency or unit only if either there has been substantial compliance with the legal requirements governing the issue or the issuer has received a substantial consideration for the issue as a whole or for the particular security and a stated purpose of the issue is one for which the issuer has power to borrow money or issue the security.] :
(a) If the security is certificated, those stated on the security;
(b) If the security is uncertificated, those contained in the initial transaction statement sent to such purchaser or, if his interest is transferred to him other than by registration of transfer, pledge or release, the initial transaction statement sent to the registered owner or registered pledgee; and
(c) Those made part of the security by reference, on the certificated security or in the initial transaction statement, to another instrument, indenture, or document or to a constitution, statute, ordinance, rule, regulation, order or the like, to the extent that the terms referred to do not conflict with the terms stated on the certificated security or contained in the statement. A reference under this paragraph does not of itself charge a purchaser for value with notice of a defect going to the validity of the security, even though the certificated security or statement expressly states that a person accepting it admits notice.
2. A certificated security in the hands of a purchaser for value or an uncertificated security as to which an initial transaction statement has been sent to a purchaser for value, other than a security issued by a government or governmental agency or unit, even though issued with a defect going to its validity, is valid with respect to the purchaser if he is without notice of the particular defect unless the defect involves a violation of constitutional provisions, in which case the security is valid with respect to a subsequent purchaser for value and without notice of the defect. This subsection applies to an issuer that is a government or governmental agency or unit only if either there has been substantial compliance with the legal requirements governing the issue or the issuer has received a substantial consideration for the issue as a whole or for the particular security and a stated purpose of the issue is one for which the issuer has power to borrow money or issue the security.
3. Except as [otherwise] provided in the case of certain unauthorized signatures [on issue] (NRS 104.8205), lack of genuineness of a certificated security or an initial transaction statement is a complete defense even against a purchaser for value and without notice.
4. All other defenses of the issuer of a certificated or uncertificated security, including nondelivery and conditional delivery of [the] a certificated security , are ineffective against a purchaser for value who has taken without notice of the particular defense.
5. Nothing in this section shall be construed to affect the right of a party to a when, as and if issued or a when distributed contract to cancel the contract in the event of a material change in the character of the security [which] that is the subject of the contract or in the plan or arrangement pursuant to which [such] the security is to be issued or distributed.
κ1985 Statutes of Nevada, Page 92 (CHAPTER 52, AB 6)κ
party to a when, as and if issued or a when distributed contract to cancel the contract in the event of a material change in the character of the security [which] that is the subject of the contract or in the plan or arrangement pursuant to which [such] the security is to be issued or distributed.
Sec. 15. NRS 104.8203 is hereby amended to read as follows:
104.8203 1. After an act or event [which creates] creating a right to immediate performance of the principal obligation [evidenced by the] represented by a certificated security or [which] that sets a date on or after which the security is to be presented or surrendered for redemption or exchange, a purchaser is charged with notice of any defect in its issue or defense of the issuer:
(a) If the act or event is one requiring the payment of money , [or] the delivery of certificated securities [or both] , the registration of transfer of uncertificated securities, or any of these on presentation or surrender of the certificated security [and such] , the funds or securities are available on the date set for payment or exchange and he takes the security more than 1 year after that date; and
(b) If the act or event is not covered by paragraph (a) and he takes the security more than 2 years after the date set for surrender or presentation or the date on which [such] performance became due.
2. A call [which] that has been revoked is not within subsection 1.
Sec. 16. NRS 104.8204 is hereby amended to read as follows:
104.8204 [Unless noted conspicuously on the security a] A restriction on transfer of a security imposed by the issuer , even [though] if otherwise lawful , is ineffective [except against a person with] against any person without actual knowledge of it [.] unless:
1. The security is certificated and the restriction is noted conspicuously thereon; or
2. The security is uncertificated and a notation of the restriction is contained in the initial transaction statement sent to the person or, if his interest is transferred to him other than by registration of transfer, pledge or release, the initial transaction statement sent to the registered owner or the registered pledgee.
Sec. 17. NRS 104.8205 is hereby amended to read as follows:
104.8205 An unauthorized signature placed on a certificated security prior to or in the course of issue or placed on an initial transaction statement is ineffective [except that] , but the signature is effective in favor of a purchaser for value [and] of the certificated security or a purchaser for value of an uncertificated security to whom the initial transaction statement has been sent, if the purchaser is without notice of the lack of authority [if] and the signing has been done by:
1. An authenticating trustee, registrar, transfer agent or other person entrusted by the issuer with the signing of the security [or] , of similar securities , or [their] of initial transaction statements or the immediate preparation for signing [;] of any of them; or
2. An employee of the issuer or of any of the foregoing entrusted with responsible handling of the security [.] or initial transaction statement.
κ1985 Statutes of Nevada, Page 93 (CHAPTER 52, AB 6)κ
Sec. 18. NRS 104.8206 is hereby amended to read as follows:
104.8206 1. [Where] If a certificated security contains the signatures necessary to its issue or transfer but is incomplete in any other respect:
(a) Any person may complete it by filling in the blanks as authorized; and
(b) Even though the blanks are incorrectly filled in, the security as completed is enforceable by a purchaser who took it for value and without notice of [such] the incorrectness.
2. A complete certificated security [which] that has been improperly altered , even though fraudulently , remains enforceable , but only according to its original terms.
3. If an initial transaction statement contains the signatures necessary to its validity but is incomplete in any other respect:
(a) Any person may complete it by filling in the blanks as authorized; and
(b) Even though the blanks are incorrectly filled in, the statement as completed is effective in favor of the person to whom it is sent if he purchased the security referred to therein for value and without notice of the incorrectness.
4. A complete initial transaction statement that has been improperly altered, even though fraudulently, is effective in favor of a purchaser to whom it has been sent but only according to its original terms.
Sec. 19. NRS 104.8207 is hereby amended to read as follows:
104.8207 1. Prior to due presentment for registration of transfer of a certificated security in registered form , the issuer or indenture trustee may treat the registered owner as the person exclusively entitled to vote, to receive notifications and otherwise to exercise all the rights and powers of an owner.
2. Subject to the provisions of subsections 3, 4 and 6, the issuer or indenture trustee may treat the registered owner of an uncertificated security as the person exclusively entitled to vote, to receive notifications and otherwise to exercise all the rights and powers of an owner.
3. The registered owner of an uncertificated security that is subject to a registered pledge is not entitled to registration of transfer prior to the due presentment to the issuer of a release instruction. The exercise of conversion rights with respect to a convertible uncertificated security is a transfer within the meaning of this section.
4. Upon due presentment of a transfer instruction from the registered pledgee of an uncertificated security, the issuer shall:
(a) Register the transfer of the security to the new owner free of pledge, if the instruction specifies a new owner (who may be the registered pledgee) and does not specify a pledgee;
(b) Register the transfer of the security to the new owner subject to the interest of the existing pledgee, if the instruction specifies a new owner and the existing pledgee; or
(c) Register the release of the security from the existing pledge and register the pledge of the security to the other pledgee, if the instruction specifies the existing owner and another pledgee.
κ1985 Statutes of Nevada, Page 94 (CHAPTER 52, AB 6)κ
register the pledge of the security to the other pledgee, if the instruction specifies the existing owner and another pledgee.
5. Continuity of perfection of a security interest is not broken by registration of transfer under paragraph (b) of subsection 4 or by registration of release and pledge under paragraph (c) of subsection 4, if the security interest is assigned.
6. If an uncertificated security is subject to a registered pledge:
(a) Any uncertificated securities issued in exchange for or distributed with respect to the pledged security shall be registered subject to the pledge;
(b) Any certificated securities issued in exchange for or distributed with respect to the pledged security shall be delivered to the registered pledgee; and
(c) Any money paid in exchange for or in redemption of part or all of the security shall be paid to the registered pledgee.
7. Nothing in this article shall be construed to affect the liability of the registered owner of a security for calls, assessments or the like.
Sec. 20. NRS 104.8208 is hereby amended to read as follows:
104.8208 1. A person placing his signature upon a certificated security or an initial transaction statement as authenticating trustee, registrar, transfer agent or the like warrants to a purchaser for value of the certificated security or a purchaser for value of an uncertificated security to whom the initial transaction statement has been sent, if the purchaser is without notice of the particular defect , that:
(a) The certificated security or initial transaction statement is genuine; [and]
(b) His own participation in the issue or registration of the transfer, pledge or release of the security is within his capacity and within the scope of the [authorization] authority received by him from the issuer; and
(c) He has reasonable grounds to believe [that] the security is in the form and within the amount the issuer is authorized to issue.
2. Unless otherwise agreed, a person by so placing his signature does not assume responsibility for the validity of the security in other respects.
Sec. 21. NRS 104.8301 is hereby amended to read as follows:
104.8301 1. Upon [delivery] transfer of a security to a purchaser (NRS 104.8313), the purchaser acquires the rights in the security which his transferor had or had actual authority to convey [except that a purchaser who has himself been a party to any fraud or illegality affecting the security or who as a prior holder had notice of an adverse claim cannot improve his position by taking from a later bona fide purchaser. Adverse claim includes a claim that a transfer was or would be wrongful or that a particular adverse person is the owner of or has an interest in the security.
2. A bona fide purchaser in addition to acquiring the rights of a purchaser also acquires the security free of any adverse claim.
κ1985 Statutes of Nevada, Page 95 (CHAPTER 52, AB 6)κ
3. A purchaser] unless the purchasers rights are limited by subsection 4 of NRS 104.8302.
2. A transferee of a limited interest acquires rights only to the extent of the interest [purchased.] transferred. The creation or release of a security interest in a security is the transfer of a limited interest in that security.
Sec. 22. NRS 104.8302 is hereby amended to read as follows:
104.8302 1. A bona fide purchaser is a purchaser for value in good faith and without notice of any adverse claim [who] :
(a) Who takes delivery of a certificated security in bearer form or [of one] in registered form , issued [to him] or endorsed to him or in blank [.] ;
(b) To whom the transfer, pledge or release of an uncertificated security is registered on the books of the issuer; or
(c) To whom a security is transferred under the provisions of subparagraph (1) of paragraph (d) or paragraph (c) or (g) of subsection 1 of NRS 104.8313.
2. Adverse claim includes a claim that a transfer was or would be wrongful or that a particular adverse person is the owner of or has an interest in the security.
3. A bona fide purchaser, in addition to acquiring the rights of a purchaser (NRS 104.8301), also acquires his interest in the security free of any adverse claim.
4. Notwithstanding subsection 1 of NRS 104.8301, the transferee of a particular certificated security who has been a party to any fraud or illegality affecting the security, or who as a prior holder of that certificated security had notice of an adverse claim, cannot improve his position by taking from a bona fide purchaser.
Sec. 23. NRS 104.8303 is hereby amended to read as follows:
104.8303 Broker means a person engaged for all or part of his time in the business of buying and selling securities, who in the transaction concerned acts for, [or] buys a security from , or sells a security to a customer. Nothing in this article determines the capacity in which a person acts for purposes of any other statute or rule to which [such] the person is subject.
Sec. 24. NRS 104.8304 is hereby amended to read as follows:
104.8304 1. A purchaser (including a broker for the seller or buyer but excluding an intermediary bank) of a certificated security is charged with notice of adverse claims if:
(a) The security , whether in bearer or registered form , has been endorsed for collection or for surrender or for some other purpose not involving transfer; or
(b) The security is in bearer form and has on it an unambiguous statement that it is the property of a person other than the transferor. The mere writing of a name on a security is not such a statement.
2. A purchaser (including a broker for the seller or buyer but excluding an intermediary bank) to whom the transfer, pledge or release of an uncertificated security is registered is charged with notice of adverse claims as to which the issuer has a duty under subsection 4 of NRS 104.8403 at the time of registration and which are noted in the initial transaction statement sent to the purchaser or, if his interest is transferred to him other than by registration of transfer, pledge or release, the initial transaction statement sent to the registered owner or the registered pledgee.
κ1985 Statutes of Nevada, Page 96 (CHAPTER 52, AB 6)κ
of an uncertificated security is registered is charged with notice of adverse claims as to which the issuer has a duty under subsection 4 of NRS 104.8403 at the time of registration and which are noted in the initial transaction statement sent to the purchaser or, if his interest is transferred to him other than by registration of transfer, pledge or release, the initial transaction statement sent to the registered owner or the registered pledgee.
3. The fact that the purchaser (including a broker for the seller or buyer) of a certificated or uncertificated security has notice that the security is held for a third person or is registered in the name of or endorsed by a fiduciary does not create a duty of inquiry into the rightfulness of the transfer or constitute constructive notice of adverse claims. [If, however,] However, if the purchaser (excluding an intermediary bank) has knowledge that the proceeds are being used or that the transaction is for the individual benefit of the fiduciary or otherwise in breach of duty, the purchaser is charged with notice of adverse claims.
Sec. 25. NRS 104.8305 is hereby amended to read as follows:
104.8305 An act or event [which] that creates a right to immediate performance of the principal obligation [evidenced by the] represented by a certificated security or [which] sets a date on or after which [the] a certificated security is to be presented or surrendered for redemption or [exchanged] exchange does not [of] itself constitute any notice of adverse claims except in the case of a [purchase:] transfer:
1. After 1 year from any date set for [such] presentment or surrender for redemption or exchange; or
2. After 6 months from any date set for payment of money against presentation or surrender of the security if funds are available for payment on that date.
Sec. 26. NRS 104.8306 is hereby amended to read as follows:
104.8306 1. A person who presents a certificated security for registration of transfer or for payment or exchange warrants to the issuer that he is entitled to the registration, payment or exchange. But a purchaser for value and without notice of adverse claims who receives a new, reissued or reregistered certificated security on registration of transfer or receives an initial transaction statement confirming the registration of transfer of an equivalent uncertificated security to him warrants only that he has no knowledge of any unauthorized signature (NRS 104.8311) in a necessary endorsement.
2. A person by transferring a certificated security to a purchaser for value warrants only that:
(a) His transfer is effective and rightful; [and]
(b) The security is genuine and has not been materially altered; and
(c) He knows of no fact which might impair the validity of the security.
3. [Where a] If a certificated security is delivered by an intermediary known to be entrusted with delivery of the security on behalf of another or with collection of a draft or other claim against [such] delivery, the intermediary by [such] delivery warrants only his own good faith and authority , even though he has purchased or made advances against the claim to be collected against the delivery.
κ1985 Statutes of Nevada, Page 97 (CHAPTER 52, AB 6)κ
good faith and authority , even though he has purchased or made advances against the claim to be collected against the delivery.
4. A pledgee or other holder for security who redelivers [the] a certificated security received, or after payment and on order of the debtor delivers that security to a third person , makes only the warranties of an intermediary under subsection 3.
5. A person who originates an instruction warrants to the issuer that:
(a) He is an appropriate person to originate the instruction; and
(b) At the time the instruction is presented to the issuer he will be entitled to the registration of transfer, pledge or release.
6. A person who originates an instruction warrants to any person specially guaranteeing his signature (subsection 3 of NRS 104.8312) that:
(a) He is an appropriate person to originate the instruction; and
(b) At the time the instruction is presented to the issuer:
(1) He will be entitled to the registration of transfer, pledge or release; and
(2) The transfer, pledge or release requested in the instruction will be registered by the issuer free from all liens, security interests, restrictions and claims other than those specified in the instruction.
7. A person who originates an instruction warrants to a purchaser for value and to any person guaranteeing the instruction (subsection 6 of NRS 104.8312) that:
(a) He is an appropriate person to originate the instruction;
(b) The uncertificated security referred to therein is valid; and
(c) At the time the instruction is presented to the issuer:
(1) The transferor will be entitled to the registration of transfer, pledge or release;
(2) The transfer, pledge or release requested in the instruction will be registered by the issuer free from all liens, security interests, restrictions and claims other than those specified in the instruction; and
(3) The requested transfer, pledge or release will be rightful.
8. If a secured party is the registered pledgee or the registered owner of an uncertificated security, a person who originates an instruction of release or transfer to the debtor or, after payment and on order of the debtor, a transfer instruction to a third person, warrants to the debtor or the third person only that he is an appropriate person to originate the instruction and, at the time the instruction is presented to the issuer, the transferor will be entitled to the registration of release or transfer. If a transfer instruction to a third person who is a purchaser for value is originated on order of the debtor, the debtor makes to the purchaser the warranties of paragraph (b) and subparagraphs (2) and (3) of paragraph (c) of subsection 7.
9. A person who transfers an uncertificated security to a purchaser for value and does not originate an instruction in connection with the transfer warrants only that:
(a) His transfer is effective and rightful; and
κ1985 Statutes of Nevada, Page 98 (CHAPTER 52, AB 6)κ
(b) The uncertificated security is valid.
10. A broker gives to his customer and to the issuer and a purchaser the applicable warranties provided in this section and has the rights and privileges of a purchaser under this section. The warranties of and in favor of the broker acting as an agent are in addition to applicable warranties given by and in favor of his customer.
Sec. 27. NRS 104.8307 is hereby amended to read as follows:
104.8307 [Where a] If a certificated security in registered form has been delivered to a purchaser without a necessary endorsement he may become a bona fide purchaser only as of the time the endorsement is supplied [,] ; but against the transferor the transfer is complete upon delivery and the purchaser has a specifically enforceable right to have any necessary endorsement supplied.
Sec. 28. NRS 104.8308 is hereby amended to read as follows:
104.8308 1. An endorsement of a certificated security in registered form is made when an appropriate person signs on it or on a separate document an assignment or transfer of the security or a power to assign or transfer it or [when the] his signature [of such person] is written without more upon the back of the security.
2. An endorsement may be in blank or special. An endorsement in blank includes an endorsement to bearer. A special endorsement specifies [the person] to whom the security is to be transferred, or who has power to transfer it. A holder may convert a blank endorsement into a special endorsement.
3. An endorsement purporting to be only of part of a certificated security representing units intended by the issuer to be separately transferable is effective to the extent of the endorsement.
4. An instruction is an order to the issuer of an uncertificated security requesting that the transfer, pledge or release from pledge of the uncertificated security specified therein be registered.
5. An instruction originated by an appropriate person is:
(a) A writing signed by an appropriate person; or
(b) A communication to the issuer in any form agreed upon in a writing signed by the issuer and an appropriate person.
If an instruction has been originated by an appropriate person but is incomplete in any other respect, any person may complete it as authorized and the issuer may rely on it as completed even though it has been completed incorrectly.
6. An appropriate person in subsection 1 means [:
(a) The] the person specified by the certificated security or by special endorsement to be entitled to the security . [; or
(b) Where the person so specified is described as a fiduciary but is no longer serving in the described capacity, either that person or his successor; or
(c) Where the security or endorsement so specifies more than one person as fiduciaries and one or more are no longer serving in the described capacity, the remaining fiduciary or fiduciaries, whether or not a successor has been appointed or qualified; or
κ1985 Statutes of Nevada, Page 99 (CHAPTER 52, AB 6)κ
described capacity, the remaining fiduciary or fiduciaries, whether or not a successor has been appointed or qualified; or
(d) Where the person so specified is an individual and is without capacity to act by virtue of death, incompetence, infancy or otherwise, his executor, administrator, guardian or like fiduciary; or
(e) Where the security or endorsement so specifies more than one person as tenants by the entirety or with right of survivorship and by reason of death all cannot sign, the survivor or survivors; or
(f) A person having power to sign under applicable law or controlling instrument; or
(g) To the extent that any of the foregoing persons may act through an agent, his authorized agent.
4. Unless otherwise agreed the endorser by his endorsement assumes no obligation that the security will be honored by the issuer.
5. An endorsement purporting to be only of part of a security representing units intended by the issuer to be separately transferable is effective to the extent of the endorsement.
6.] 7. An appropriate person in subsection 5 means:
(a) For an instruction to transfer or pledge an uncertificated security which is then not subject to a registered pledge, the registered owner; or
(b) For an instruction to transfer or release an uncertificated security which is then subject to a registered pledge, the registered pledgee.
8. In addition to the persons designated in subsections 6 and 7, an appropriate person in subsections 1 and 5 includes:
(a) If the person designated is described as a fiduciary but is no longer serving in the described capacity, either that person or his successor;
(b) If the persons designated are described as more than one person as fiduciaries and one or more are no longer serving in the described capacity, the remaining fiduciary or fiduciaries, whether or not a successor has been appointed or qualified;
(c) If the person designated is an individual and is without capacity to act by virtue of death, incompetence, infancy or otherwise, his executor, administrator, guardian or like fiduciary;
(d) If the persons designated are described as more than one person as tenants by the entirety or with right of survivorship and by reason of death all cannot sign, the survivor or survivors;
(e) A person having power to sign under applicable law or controlling instrument; and
(f) To the extent that the person designated or any of the foregoing persons may act through an agent, his authorized agent.
9. Unless otherwise agreed, the endorser of a certificated security by his endorsement or the originator of an instruction by his origination assumes no obligation that the security will be honored by the issuer but only the obligations provided in NRS 104.8306.
10. Whether the person signing is appropriate is determined as of the date of signing and an endorsement made by [such a person] or an instruction originated by him does not become unauthorized for the purposes of this article by virtue of any subsequent change of circumstances.
κ1985 Statutes of Nevada, Page 100 (CHAPTER 52, AB 6)κ
instruction originated by him does not become unauthorized for the purposes of this article by virtue of any subsequent change of circumstances.
[7.] 11. Failure of a fiduciary to comply with a controlling instrument or with the law of the state having jurisdiction of the fiduciary relationship, including any law requiring the fiduciary to obtain court approval of the transfer , pledge or release, does not render his endorsement or an instruction originated by him unauthorized for the purposes of this article.
Sec. 29. NRS 104.8309 is hereby amended to read as follows:
104.8309 An endorsement of a certificated security , whether special or in blank , does not constitute a transfer until delivery of the certificated security on which it appears or , if the endorsement is on a separate document , until delivery of both the document and the certificated security.
Sec. 30. NRS 104.8310 is hereby amended to read as follows:
104.8310 An endorsement of a certificated security in bearer form may give notice of adverse claims (NRS 104.8304) but does not otherwise affect any right to registration the holder [may possess.] possesses.
Sec. 31. NRS 104.8311 is hereby amended to read as follows:
104.8311 Unless the owner or pledgee has ratified an unauthorized endorsement or instruction or is otherwise precluded from asserting its ineffectiveness:
1. He may assert its ineffectiveness against the issuer or any purchaser , other than a purchaser for value and without notice of adverse claims , who has in good faith received a new, reissued or reregistered certificated security on registration of transfer [; and] or received an initial transaction statement confirming the registration of transfer, pledge or release of an equivalent uncertificated security to him; and
2. An issuer who registers the transfer of a certificated security upon the unauthorized endorsement or who registers the transfer, pledge or release of an uncertificated security upon the unauthorized instruction is subject to liability for improper registration (NRS 104.8404).
Sec. 32. NRS 104.8312 is hereby amended to read as follows:
104.8312 1. Any person guaranteeing a signature of an endorser of a certificated security warrants that at the time of signing:
(a) The signature was genuine; [and]
(b) The signer was an appropriate person to endorse (NRS 104.8308); and
(c) The signer had legal capacity to sign.
[But the guarantor does not otherwise warrant the rightfulness of the particular transfer.
2. Any person may guarantee an endorsement of a security and by so doing warrants not only the signature (subsection 1) but also the rightfulness of the particular transfer in all respects. But no issuer may require a guarantee of endorsement as a condition to registration of transfer.
κ1985 Statutes of Nevada, Page 101 (CHAPTER 52, AB 6)κ
3.] 2. Any person guaranteeing a signature of the originator of an instruction warrants that at the time of signing:
(a) The signature was genuine;
(b) The signer was an appropriate person to originate the instruction (NRS 104.8308) if the person specified in the instruction as the registered owner or registered pledgee of the uncertificated security was, in fact, the registered owner or registered pledgee of the security, as to which fact the signature guarantor makes no warranty;
(c) The signer had legal capacity to sign; and
(d) The taxpayer identification number, if any, appearing on the instruction as that of the registered owner or registered pledgee was the taxpayer identification number of the signer or of the owner or pledgee for whom the signer was acting.
3. Any person specially guaranteeing the signature of the originator of an instruction makes not only the warranties of a signature guarantor (subsection 2) but also warrants that at the time the instruction is presented to the issuer:
(a) The person specified in the instruction as the registered owner or registered pledgee of the uncertificated security will be the registered owner or registered pledgee; and
(b) The transfer, pledge or release of the uncertificated security requested in the instruction will be registered by the issuer free from all liens, security interests, restrictions and claims other than those specified in the instruction.
4. The guarantor under subsections 1 and 2 or the special guarantor under subsection 3 does not otherwise warrant the rightfulness of the particular transfer, pledge or release.
5. Any person guaranteeing an endorsement of a certificated security makes not only the warranties of a signature guarantor under subsection 1 but also warrants the rightfulness of the particular transfer in all respects.
6. Any person guaranteeing an instruction requesting the transfer, pledge or release of an uncertificated security makes not only the warranties of a special signature guarantor under subsection 3 but also warrants the rightfulness of the particular transfer, pledge or release in all respects.
7. No issuer may require a special guarantee of signature (subsection 3), a guarantee of endorsement (subsection 5), or a guarantee of instruction (subsection 6) as a condition to registration of transfer, pledge or release.
8. The foregoing warranties are made to any person taking or dealing with the security in reliance on the guarantee , and the guarantor is liable to [such] the person for any loss resulting from breach of the warranties.
Sec. 33. NRS 104.8313 is hereby amended to read as follows:
104.8313 1. [Delivery to a purchaser occurs when:
κ1985 Statutes of Nevada, Page 102 (CHAPTER 52, AB 6)κ
(a) He or a person designated by him acquires possession of a security; or
(b) His broker acquires possession of a security specially endorsed to or issued in the name of the purchaser; or
(c) His broker sends him confirmation of the purchase and also by book entry or otherwise identifies a specific security in the brokers possession as belonging to the purchaser; or
(d) With respect to an identified security to be delivered while still in the possession of a third person when that person acknowledges that he holds for the purchaser; or
(e) Appropriate entries on the books of a clearing corporation are made under NRS 104.8320.
2. The purchaser is the owner of a security held for him by his broker, but is not the holder except as specified in paragraphs (b), (c) and (e) of subsection 1. Where a security is part of a fungible bulk the purchaser is the owner of a proportionate property interest in the fungible bulk.
3. Notice of an adverse claim received by the broker or by the purchaser after the broker takes delivery as a holder for value is not effective either as to the broker or as to the purchaser. However, as between the broker and the purchaser the purchaser may demand delivery of an equivalent security as to which no notice of an adverse claim has been received.] Transfer of a security or a limited interest (including a security interest) therein to a purchaser occurs only:
(a) At the time he or a person designated by him acquires possession of a certificated security;
(b) At the time the transfer, pledge or release of an uncertificated security is registered to him or a person designated by him;
(c) At the time his financial intermediary acquires possession of a certificated security specially endorsed to or issued in the name of the purchaser;
(d) At the time a financial intermediary, not a clearing corporation, sends him confirmation of the purchase and also by book entry or otherwise identifies as belonging to the purchaser:
(1) A specific certificated security in the financial intermediarys possession;
(2) A quantity of securities that constitute or are part of a fungible bulk of certificated securities in the financial intermediarys possession or of uncertificated securities registered in the name of the financial intermediary; or
(3) A quantity of securities that constitute or are part of a fungible bulk of securities shown on the account of the financial intermediary on the books of another financial intermediary;
(e) With respect to an identified certificated security to be delivered while still in the possession of a third person, not a financial intermediary, at the time that person acknowledges that he holds for the purchaser;
κ1985 Statutes of Nevada, Page 103 (CHAPTER 52, AB 6)κ
(f) With respect to a specific uncertificated security the pledge or transfer of which has been registered to a third person, not a financial intermediary, at the time that person acknowledges that he holds for the purchaser;
(g) At the time appropriate entries to the account of the purchaser or a person designated by him on the books of a clearing corporation are made under NRS 104.8320;
(h) With respect to the transfer of a security interest where the debtor has signed a security agreement containing a description of the security, at the time a written notification, which, in the case of the creation of the security interest, is signed by the debtor (which may be a copy of the security agreement) or which, in the case of the release or assignment of the security interest created pursuant to this paragraph, is signed by the security party, is received by:
(1) A financial intermediary on whose books the interest of the transferor in the security appears;
(2) A third person, not a financial intermediary, in possession of the security, if it is certificated;
(3) A third person, not a financial intermediary, who is the registered owner of the security, if it is uncertificated and not subject to a registered pledge; or
(4) A third person, not a financial intermediary, who is the registered pledgee of the security, if it is uncertificated and subject to a registered pledge;
(i) With respect to the transfer of a security interest where the transferor has signed a security agreement containing a description of the security, at the time new value is given by the secured party; or
(j) With respect to the transfer of a security interest where the secured party is a financial intermediary and the security has already been transferred to the financial intermediary under paragraph (a), (b), (c), (d) or (g), at the time the transferor has signed a security agreement containing a description of the security and value is given by the secured party.
2. The purchaser is the owner of a security held for him by a financial intermediary, but cannot be a bona fide purchaser of a security so held except in the circumstances specified in subparagraph (1) of paragraph (d) and paragraphs (c) and (g) of subsection 1. If a security so held is part of a fungible bulk, as in the circumstances specified in subparagraphs (2) and (3) of paragraph (d) of subsection 1, the purchaser is the owner of a proportionate property interest in the fungible bulk.
3. Notice of an adverse claim received by the financial intermediary or by the purchaser after the financial intermediary takes delivery of a certificated security as a holder for value or after the transfer, pledge or release of an uncertificated security has been registered free of the claim to a financial intermediary who has given value is not effective either as to the financial intermediary or as to the purchaser. However, as between the financial intermediary and the purchaser, the purchaser may demand transfer of an equivalent security as to which no notice of adverse claim has been received.
κ1985 Statutes of Nevada, Page 104 (CHAPTER 52, AB 6)κ
as between the financial intermediary and the purchaser, the purchaser may demand transfer of an equivalent security as to which no notice of adverse claim has been received.
4. A financial intermediary is a bank, broker, clearing corporation or other person (or the nominee of any of them) which in the ordinary course of its business maintains security accounts for its customers and is acting in that capacity. A financial intermediary may have a security interest in securities held in account for its customer.
Sec. 34. NRS 104.8314 is hereby amended to read as follows:
104.8314 1. Unless otherwise agreed [where] , if a sale of a security is made on an exchange or otherwise through brokers:
(a) The selling customer fulfills his duty to [deliver when he places such a security in the possession of the selling broker or of a person designated by the broker or if requested causes an acknowledgment to be made to the selling broker that it is held for him; and] transfer at the time he:
(1) Places a certificated security in the possession of the selling broker or a person designated by the broker;
(2) Causes an uncertificated security to be registered in the name of the selling broker or a person designated by the broker;
(3) If requested, causes an acknowledgment to be made to the selling broker that a certificated or uncertificated security is held for the broker; or
(4) Places in the possession of the selling broker or of a person designated by the broker a transfer instruction for an uncertificated security, providing the issuer does not refuse to register the requested transfer if the instruction is presented to the issuer for registration within 30 days thereafter; and
(b) The selling broker, including a correspondent broker acting for a selling customer, fulfills his duty to [deliver by placing the security or a like security in the possession of the buying broker or a person designated by him or by effecting clearance of the sale in accordance with the rules of the exchange on which the transaction took place.] transfer at the time he:
(1) Places a certificated security in the possession of the buying broker or a person designated by the buying broker;
(2) Causes an uncertificated security to be registered in the name of the buying broker or a person designated by the buying broker;
(3) Places in the possession of the buying broker or of a person designated by the buying broker a transfer instruction for an uncertificated security, providing the issuer does not refuse to register the requested transfer if the instruction is presented to the issuer for registration within 30 days thereafter; or
(4) Effects clearance of the sale in accordance with the rules of the exchange on which the transaction took place.
2. Except as [otherwise] provided in this section [and] or unless otherwise agreed, a transferors duty to [deliver] transfer a security under a contract of purchase is not fulfilled until he [places the security in form to be negotiated by the purchaser in the possession of the purchaser or of a person designated by him or at the purchasers request causes an acknowledgment to be made to the purchaser that it is held for him.]
κ1985 Statutes of Nevada, Page 105 (CHAPTER 52, AB 6)κ
in form to be negotiated by the purchaser in the possession of the purchaser or of a person designated by him or at the purchasers request causes an acknowledgment to be made to the purchaser that it is held for him.] :
(a) Places a certificated security in form to be negotiated by the purchaser in the possession of the purchaser or of a person designated by the purchaser;
(b) Causes an uncertificated security to be registered in the name of the purchaser or a person designated by the purchaser; or
(c) If the purchaser requests, causes an acknowledgment to be made to the purchaser that a certificated or uncertificated security is held for the purchaser.
3. Unless made on an exchange , a sale to a broker purchasing for his own account is within [this] subsection 2 and not within subsection 1.
Sec. 35. NRS 104.8315 is hereby amended to read as follows:
104.8315 1. Any person against whom the transfer of a security is wrongful for any reason, including his incapacity, [may] as against anyone except a bona fide purchaser [reclaim possession of the security or obtain possession of any new security evidencing all or part of the same rights or have damages.] , may:
(a) Reclaim possession of the certificated security wrongfully transferred;
(b) Obtain possession of any new certificated security representing all or part of the same rights;
(c) Compel the origination of an instruction to transfer to him or a person designated by him an uncertificated security constituting all or part of the same rights; or
(d) Have damages.
2. If the transfer is wrongful because of an unauthorized endorsement [,] of a certificated security, the owner may also reclaim or obtain possession of the security or a new certificated security , even from a bona fide purchaser , if the ineffectiveness of the purported endorsement can be asserted against him under the provisions of this article on unauthorized endorsements (NRS 104.8311).
3. The right to obtain or reclaim possession of a certificated security or to compel the origination of a transfer instruction may be specifically enforced and [its] the transfer of a certificated or uncertificated security enjoined and [the] a certificated security impounded pending the litigation.
Sec. 36. NRS 104.8316 is hereby amended to read as follows:
104.8316 Unless otherwise agreed , the transferor [must] of a certificated security or the transferor, pledgor or pledgee of an uncertificated security on due demand must supply his purchaser with any proof of his authority to transfer , pledge or release or with any other requisite [which may be] necessary to obtain registration of the transfer , pledge or release of the security ; but if the transfer , pledge or release is not for value , a transferor , pledgor or pledgee need not do so unless the purchaser furnishes the necessary expenses.
κ1985 Statutes of Nevada, Page 106 (CHAPTER 52, AB 6)κ
do so unless the purchaser furnishes the necessary expenses. Failure [to comply with a demand made] within a reasonable time to comply with a demand made gives the purchaser the right to reject or rescind the transfer [.] , pledge or release.
Sec. 37. NRS 104.8317 is hereby amended to read as follows:
104.8317 1. [No] Subject to the exceptions in subsections 3 and 4, no attachment or levy upon a certificated security or any share or other interest [evidenced] represented thereby which is outstanding [shall be] is valid until the security is actually seized by the officer making the attachment or levy , but a certificated security which has been surrendered to the issuer may be [attached or levied upon at the source.
2.] reached by a creditor by legal process at the issuers chief executive office in the United States.
2. An uncertificated security registered in the name of the debtor may not be reached by a creditor except by legal process at the issuers chief executive office in the United States.
3. The interest of a debtor in a certificated security that is in the possession of a secured party not a financial intermediary or in an uncertificated security registered in the name of a secured party not a financial intermediary (or in the name of a nominee of the secured party) may be reached by a creditor by legal process upon the secured party.
4. The interest of a debtor in a certificated security that is in the possession of or registered in the name of a financial intermediary or in an uncertificated security registered in the name of a financial intermediary may be reached by a creditor by legal process upon the financial intermediary on whose books the interests of the debtor appears.
5. Unless otherwise provided by law, a creditors lien upon the interest of a debtor in a security obtained pursuant to subsection 3 or 4 is not a restraint on the transfer of the security, free of the lien, to a third party for new value; but in the event of a transfer, the lien applies to the proceeds of the transfer in the hands of the secured party or financial intermediary, subject to any claims having priority.
6. A creditor whose debtor is the owner of a security [shall be] is entitled to [such] aid from courts of appropriate jurisdiction, by injunction or otherwise, in reaching [such] the security or in satisfying the claim by means [thereof as is] allowed at law or in equity in regard to property [which] that cannot readily be [attached or levied upon] reached by ordinary legal process.
Sec. 38. NRS 104.8318 is hereby amended to read as follows:
104.8318 An agent or bailee who in good faith (including observance of reasonable commercial standards if he is in the business of buying, selling or otherwise dealing with securities) has received certificated securities and sold, pledged or delivered them or has sold or caused the transfer or pledge of uncertificated securities over which he had control according to the instructions of his principal , is not liable for conversion or for participation in breach of fiduciary duty although the principal had no right [to dispose of them.]
κ1985 Statutes of Nevada, Page 107 (CHAPTER 52, AB 6)κ
the principal had no right [to dispose of them.] so to deal with the securities.
Sec. 39. NRS 104.8319 is hereby amended to read as follows:
104.8319 A contract for the sale of securities is not enforceable by way of action or defense unless:
1. There is some writing signed by the party against whom enforcement is sought or by his authorized agent or broker sufficient to indicate that a contract has been made for sale of a stated quantity of described securities at a defined or stated price; [or]
2. Delivery of [the security has been accepted] a certificated security or transfer instruction has been accepted, or transfer of an uncertificated security has been registered and the transferee has failed to send written objection to the issuer within 10 days after receipt of the initial transaction statement confirming the registration, or payment has been made , but the contract is enforceable under this provision only to the extent of [such] the delivery , registration or payment; [or]
3. Within a reasonable time a writing in confirmation of the sale or purchase and sufficient against the sender under subsection 1 has been received by the party against whom enforcement is sought and he has failed to send written objection to its contents within 10 days after its receipt; or
4. The party against whom enforcement is sought admits in his pleading, testimony or otherwise in court that a contract was made for the sale of a stated quantity of described securities at a defined or stated price.
Sec. 40. NRS 104.8320 is hereby amended to read as follows:
104.8320 1. [If a security:
(a) Is in the custody of a clearing corporation or of a custodian bank or a nominee of either subject to the instructions of the clearing corporation; and
(b) Is in bearer form or endorsed in blank by an appropriate person or registered in the name of the clearing corporation or custodian bank or a nominee of either; and
(c) Is shown on the account of a transferor or pledgor on the books of the clearing corporation,
then, in addition to other methods, a transfer or pledge of the security or any interest therein may be effected by the making of appropriate entries on the books of the clearing corporation reducing the account of the transferor or pledgor and increasing the account of the transferee or pledgee by the amount of the obligation or the number of shares or rights transferred or pledged.] In addition to other methods, a transfer, pledge or release of a security or any interest therein may be effected by the making of appropriate entries on the books of a clearing corporation reducing the account of the transferor, pledgor or pledgee and increasing the account of the transferee, pledgee or pledgor by the amount of the obligation or the number of shares or rights transferred, pledged or released, if the security is shown on the account of a transferor, pledgor or pledgee on the books of the clearing corporation, is subject to the control of the clearing corporation, and:
κ1985 Statutes of Nevada, Page 108 (CHAPTER 52, AB 6)κ
or pledgee on the books of the clearing corporation, is subject to the control of the clearing corporation, and:
(a) If certificated:
(1) Is in the custody of the clearing corporation, another clearing corporation, a custodian bank or a nominee of any of them; and
(2) Is in bearer form or endorsed in blank by an appropriate person or registered in the name of the clearing corporation, a custodian bank or a nominee of any of them; or
(b) If uncertificated, is registered in the name of the clearing corporation, another clearing corporation, a custodian bank or a nominee of any of them.
2. Under this section entries may be made with respect to like securities or interests therein as a part of a fungible bulk and may refer merely to a quantity of a particular security without reference to the name of the registered owner, certificate or bond number or the like and, in appropriate cases, may be on a net basis taking into account other transfers [or] , pledges or releases of the same security.
3. A transfer [or pledge under this section has the effect of a delivery of a security in bearer form or duly endorsed in blank (NRS 104.8301) representing the amount of the obligation or the number of shares or rights transferred or pledged. If a pledge or the creation of a security interest is intended, the making of entries has the effect of a taking of delivery by the pledgee or a secured party (NRS 104.9304 and 104.9305). A transferee or pledgee under this section is a holder.] under this section is effective (NRS 104.8313) and the purchaser acquires the rights of the transferor (NRS 104.8301). A pledge or release under this section is the transfer of a limited interest. If a pledge or the creation of a security interest is intended, the security interest is perfected at the time when both value is given by the pledgee and the appropriate entries are made (section 3 of this act). A transferee or pledgee under this section may be a bona fide purchaser (NRS 104.8302).
4. A transfer or pledge under this section [does not constitute] is not a registration of transfer under part 4 of this article.
5. That entries made on the books of the clearing corporation as provided in subsection 1 are not appropriate does not affect the validity or effect of the entries [nor] or the liabilities or obligations of the clearing corporation to any person adversely affected thereby.
Sec. 41. NRS 104.8401 is hereby amended to read as follows:
104.8401 1. [Where a security in registered form is presented to the issuer with a request to register transfer, the issuer is under a duty to register the transfer] If a certificated security in registered form is presented to the issuer with a request to register transfer or an instruction is presented to the issuer with a request to register transfer, pledge or release, the issuer shall register the transfer, pledge or release as requested if:
(a) The security is endorsed or the instruction was originated by the appropriate person or persons (NRS 104.8308); [and]
κ1985 Statutes of Nevada, Page 109 (CHAPTER 52, AB 6)κ
(b) Reasonable assurance is given that those endorsements or instructions are genuine and effective (NRS 104.8402); [and]
(c) The issuer has no duty [to inquire into] as to adverse claims or has discharged [any such] the duty (NRS 104.8403); [and]
(d) Any applicable law relating to the collection of taxes has been complied with; and
(e) The transfer , pledge or release is in fact rightful or is to a bona fide purchaser.
2. [Where] If an issuer is under a duty to register a transfer , pledge or release of a security , the issuer is also liable to the person presenting [it] a certificated security or an instruction for registration or his principal for loss resulting from any unreasonable delay in registration or from failure or refusal to register the transfer [.] , pledge or release.
Sec. 42. NRS 104.8402 is hereby amended to read as follows:
104.8402 1. The issuer may require the following assurance that each necessary endorsement of a certificated security or each instruction (NRS 104.8308) is genuine and effective:
(a) In all cases, a guarantee of the signature (subsection 1 or 2 of NRS 104.8312) of the person endorsing [; and
(b) Where] a certificated security or originating an instruction including, in the case of an instruction, a warranty of the taxpayer identification number or, in the absence thereof, other reasonable assurance of identity;
(b) If the endorsement is made or the instruction is originated by an agent, appropriate assurance of authority to sign; [or
(c) Where] (c) If the endorsement is made or the instruction is originated by a fiduciary, appropriate evidence of appointment or incumbency; [or
(d) Where] (d) If there is more than one fiduciary, reasonable assurance that all who are required to sign have done so; [or
(e) Where] and
(e) If the endorsement is made or the instruction is originated by a person not covered by any of the foregoing, assurance appropriate to the case corresponding as nearly as may be to the foregoing.
2. A guarantee of the signature in subsection 1 means a guarantee signed by or on behalf of a person reasonably believed by the issuer to be responsible. The issuer may adopt standards with respect to responsibility [provided such standards] if they are not manifestly unreasonable.
3. Appropriate evidence of appointment or incumbency in subsection 1 means:
(a) In the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of that court or an officer thereof and dated within 60 days before the date of presentation for transfer [;] , pledge or release; or
(b) In any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by the issuer to be responsible or, in the absence of [such a] that document or certificate, other evidence reasonably deemed by the issuer to be appropriate.
κ1985 Statutes of Nevada, Page 110 (CHAPTER 52, AB 6)κ
or a certificate issued by or on behalf of a person reasonably believed by the issuer to be responsible or, in the absence of [such a] that document or certificate, other evidence reasonably deemed by the issuer to be appropriate. The issuer may adopt standards with respect to [such evidence provided such standards] the evidence if they are not manifestly unreasonable. The issuer is not charged with notice of the contents of any document obtained pursuant to this paragraph (b) except to the extent that the contents relate directly to the appointment or incumbency.
4. The issuer may elect to require reasonable assurance beyond that specified in this section , but if it does so and , for a purpose other than that specified in paragraph (b) of subsection 3 , both requires and obtains a copy of a will, trust, indenture, articles of copartnership, bylaws or other controlling instrument , it is charged with notice of all matters contained therein affecting the transfer [.] , pledge or release.
Sec. 43. NRS 104.8403 is hereby amended to read as follows:
104.8403 1. An issuer to whom a certificated security is presented for registration [is under a duty to] shall inquire into adverse claims if:
(a) A written notification of an adverse claim is received at a time and in a manner [which affords] affording the issuer a reasonable opportunity to act on it prior to the issuance of a new, reissued or reregistered certificated security , and the notification identifies the claimant, the registered owner and the issue of which the security is a part and provides an address for communications directed to the claimant; or
(b) The issuer is charged with notice of an adverse claim from a controlling instrument [which] it has elected to require under subsection 4 of NRS 104.8402.
2. The issuer may discharge any duty of inquiry by any reasonable means, including notifying an adverse claimant by registered or certified mail at the address furnished by him or , if there be no such address , at his residence or regular place of business that the certificated security has been presented for registration of transfer by a named person, and that the transfer will be registered unless within 30 days from the date of mailing the notification, either:
(a) An appropriate restraining order, injunction or other process issues from a court of competent jurisdiction; or
(b) [An] There is filed with the issuer an indemnity bond , sufficient in the issuers judgment to protect the issuer and any transfer agent, registrar or other agent of the issuer involved, from any loss [which] it or they may suffer by complying with the adverse claim . [is filed with the issuer.]
3. Unless an issuer is charged with notice of an adverse claim from a controlling instrument which it has elected to require under subsection 4 of NRS 104.8402 or receives notification of an adverse claim under subsection 1 [of this section, where] , if a certificated security presented for registration is endorsed by the appropriate person or persons the issuer is under no duty to inquire into adverse claims. In particular:
κ1985 Statutes of Nevada, Page 111 (CHAPTER 52, AB 6)κ
(a) An issuer registering a certificated security in the name of a person who is a fiduciary or who is described as a fiduciary is not bound to inquire into the existence, extent or correct description of the fiduciary relationship , and thereafter the issuer may assume without inquiry that the newly registered owner continues to be the fiduciary until the issuer receives written notice that the fiduciary is no longer acting as such with respect to the particular security;
(b) An issuer registering transfer on an endorsement by a fiduciary is not bound to inquire whether the transfer is made in compliance with a controlling instrument or with the law of the state having jurisdiction of the fiduciary relationship, including any law requiring the fiduciary to obtain court approval of the transfer; and
(c) The issuer is not charged with notice of the contents of any court record or file or other recorded or unrecorded document even though the document is in its possession and even though the transfer is made on the endorsement of a fiduciary to the fiduciary himself or to his nominee.
4. An issuer is under no duty as to adverse claims with respect to an uncertificated security except:
(a) Claims embodied in a restraining order, injunction or other legal process served upon the issuer if the process was served at a time and in a manner affording the issuer a reasonable opportunity to act on it in accordance with the requirements of subsection 5;
(b) Claims of which the issuer has received a written notification from the registered owner or the registered pledgee if the notification was received at a time and in a manner affording the issuer a reasonable opportunity to act on it in accordance with the requirements of subsection 5;
(c) Claims (including restrictions on transfer not imposed by the issuer) to which the registration of transfer to the present registered owner was subject and were so noted in the initial transaction statement sent to him; and
(d) Claims as to which an issuer is charged with notice from a controlling instrument it has elected to require under subsection 4 of NRS 104.8402.
5. If the issuer of an uncertificated security is under a duty as to an adverse claim, he discharges that duty by:
(a) Including a notation of the claim in any statements sent with respect to the security under subsections 3, 6 and 7 of section 5 of this act; and
(b) Refusing to register the transfer or pledge of the security unless the nature of the claim does not preclude transfer or pledge subject thereto.
6. If the transfer or pledge of the security is registered subject to an adverse claim, a notation of the claim must be included in the initial transaction statement and all subsequent statements sent to the transferee and pledgee under section 5 of this act.
κ1985 Statutes of Nevada, Page 112 (CHAPTER 52, AB 6)κ
7. Notwithstanding subsections 4 and 5, if an uncertificated security was subject to a registered pledge at the time the issuer first came under a duty as to a particular adverse claim, the issuer has no duty as to that claim if transfer of the security is requested by the registered pledgee or an appropriate person acting for the registered pledgee unless:
(a) The claim was embodied in legal process which expressly provides otherwise;
(b) The claim was asserted in a written notification from the registered pledgee;
(c) The claim was one as to which the issuer was charged with notice from a controlling instrument it required under subsection 4 of NRS 104.8402 in connection with the pledgees request for transfer; or
(d) The transfer requested is to the registered owner.
Sec. 44. NRS 104.8404 is hereby amended to read as follows:
104.8404 1. Except as [otherwise] provided in any law relating to the collection of taxes, the issuer is not liable to the owner , pledgee or any other person suffering loss as a result of the registration of a transfer, pledge or release of a security if:
(a) There were on or with [the] a certificated security the necessary endorsements or the issuer had received an instruction originated by an appropriate person (NRS 104.8308); and
(b) The issuer had no duty [to inquire into] as to adverse claims or has discharged [any such] the duty (NRS 104.8403).
2. [Where] If an issuer has registered a transfer of a certificated security to a person not entitled to it , the issuer on demand [must] shall deliver a like security to the true owner unless:
(a) The registration was pursuant to subsection 1; [or]
(b) The owner is precluded from asserting any claim for registering the transfer under subsection 1 of [the following section;] NRS 104.8405; or
(c) [Such] The delivery would result in overissue, in which case the issuers liability is governed by NRS 104.8104.
3. If an issuer has improperly registered a transfer, pledge or release of an uncertificated security, the issuer on demand from the injured party shall restore the records as to the injured party to the condition that would have obtained if the improper registration had not been made unless:
(a) The registration was pursuant to subsection 1; or
(b) The registration would result in overissue, in which case the issuers liability is governed by NRS 104.8104.
Sec. 45. NRS 104.8405 is hereby amended to read as follows:
104.8405 1. [Where a] If a certificated security has been lost, apparently destroyed or wrongfully taken and the owner fails to notify the issuer of that fact within a reasonable time after he has notice of it and the issuer registers a transfer of the security before receiving [such a] notification, the owner is precluded from asserting against the issuer any claim for registering the transfer under [the preceding section] NRS 104.8404 or any claim to a new security under this section.
κ1985 Statutes of Nevada, Page 113 (CHAPTER 52, AB 6)κ
any claim for registering the transfer under [the preceding section] NRS 104.8404 or any claim to a new security under this section.
2. [Where] If the owner of a certificated security claims that the security has been lost, destroyed or wrongfully taken, the issuer [must] shall issue a new certificated security or, at the option of the issuer, an equivalent uncertificated security in place of the original security if the owner:
(a) So requests before the issuer has notice that the security has been acquired by a bona fide purchaser; [and]
(b) Files with the issuer a sufficient indemnity bond; and
(c) Satisfies any other reasonable requirements imposed by the issuer.
3. If, after the issue of [the new] a new certificated or uncertificated security, a bona fide purchaser of the original certificated security presents it for registration of transfer, the issuer [must] shall register the transfer unless registration would result in overissue, in which event the issuers liability is governed by NRS 104.8104. In addition to any rights on the indemnity bond, the issuer may recover the new certificated security from the person to whom it was issued or any person taking under him except a bona fide purchaser [.] or may cancel the uncertificated security unless a bona fide purchaser or any person taking under a bona fide purchaser is then the registered owner or registered pledgee thereof.
Sec. 46. NRS 104.8406 is hereby amended to read as follows:
104.8406 1. [Where] If a person acts as authenticating trustee, transfer agent, registrar [,] or other agent for an issuer in the registration of transfers of its certificated securities or in the registration of transfers, pledges and releases of its uncertificated securities, in the issue of new securities or in the cancellation of surrendered securities:
(a) He is under a duty to the issuer to exercise good faith and due diligence in performing his functions; and
(b) [He has with] With regard to the particular functions he performs , he has the same obligation to the holder or owner of [the] a certificated security or to the owner or pledgee of an uncertificated security and has the same rights and privileges as the issuer has in regard to those functions.
2. Notice to an authenticating trustee, transfer agent, registrar or other [such] agent is notice to the issuer with respect to the functions performed by the agent.
________
κ1985 Statutes of Nevada, Page 114κ
Senate Bill No. 152Senators Hickey, Glover, Horn, OConnell Rhoads, Robinson, Shaffer, Vergiels, Wagner and Wilson
CHAPTER 53
AN ACT relating to libraries; increasing the fine for damage to books and other property; and providing other matters properly relating thereto.
[Approved March 28, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 379.160 is hereby amended to read as follows:
379.160 1. Any person who willfully detains any book, newspaper, magazine, pamphlet, manuscript, filmstrip or other property of any public library or reading room for more than 30 days after receipt of written notice demanding the return of any such article or property shall be punished by a fine of not more than [$50.] $500.
2. Any person who willfully cuts, tears, defaces, breaks or injures any book, map, chart, picture, engraving, statute, coin, model, apparatus or other work of literature, art, mechanics or object of curiosity [,] deposited in any public library or reading room shall be punished by a fine of not more than [$50.] $500.
3. The parent or guardian of a minor who willfully and maliciously commits any acts within the scope of subsection 1 or 2 [shall be] is liable for all damages so caused by the minor.
________
Assembly Bill No. 65Committee on Health and Welfare
CHAPTER 54
AN ACT relating to cancer; integrating recent amendments into previously existing provisions; and providing other matters properly relating thereto.
[Approved March 28, 1985]
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 a new section to read as follows:
The state board of health shall adopt regulations for the administration of this chapter.
Sec. 2. NRS 457.070 is hereby amended to read as follows:
457.070 The health division shall:
1. [Adopt regulations for the administration of NRS 457.010 to 457.220, inclusive.
2.] Investigate violations of this chapter.
[3.] 2. 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.
κ1985 Statutes of Nevada, Page 115 (CHAPTER 54, AB 65)κ
used by any person or association in the state for the diagnosis, treatment or cure of cancer.
[4.] 3. Make findings of fact upon completion of any testing or investigation authorized by this chapter.
[5.] 4. Hold hearings for the purpose of determining whether any of the provisions of this chapter have been violated.
[6.] 5. Contract with independent scientific consultants for specialized services and advice.
Sec. 3. NRS 457.220 is hereby amended to read as follows:
457.220 [Every] 1. Except as provided in subsection 2, every person convicted of a violation of any provision of this chapter, who has previously been convicted twice or more of violations of any provisions of this chapter, shall be punished by imprisonment in the state prison for not less that 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
2. The penalty provided in subsection 1 does not apply to violations of NRS 457.230 to 457.280, inclusive.
Sec. 4. Any regulations adopted by the health division of the department of human resources pursuant to NRS 457.070 remain effective until amended or superseded by the state board of health.
Sec. 5. This act becomes effective upon passage and approval.
________
Assembly Bill No. 24Committee on Judiciary
CHAPTER 55
AN ACT relating to civil procedure; eliminating the requirement for service of a certified copy of a complaint in certain actions; and providing other matters properly relating thereto.
[Approved March 28, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 39.070 is hereby amended to read as follows:
39.070 The defendants who have been personally served with the summons and a [certified] copy of the complaint shall set forth in their answers, fully and particularly, the nature and extent of their interest in the property, and if such defendants claim a lien upon the property by mortgage, judgment or otherwise, they shall state [the] its amount and date , [of the same, and] the amount remaining due thereon, [and] whether the amount has been secured in any other way or not [;] and , if secured, the extent and nature of the security [;] , or they shall be deemed to have waived their rights to [such] the lien.
Sec. 2. NRS 147.130 is hereby amended to read as follows:
147.130 1. When a claim is rejected by the executor or administrator or the district judge, in whole or in part, the holder must be immediately notified by the executor or administrator, and the holder must bring suit in the proper court against the executor or administrator within 60 days after [such] the notice, whether the claim is due or not [; otherwise] , or the claim is forever barred.
κ1985 Statutes of Nevada, Page 116 (CHAPTER 55, AB 24)κ
must bring suit in the proper court against the executor or administrator within 60 days after [such] the notice, whether the claim is due or not [; otherwise] , or the claim is forever barred. If the holder of a claim resides out of the county, he may be informed of the rejection of his claim by written notice forwarded to his post office address by registered or certified mail.
2. In any suit upon a claim rejected in whole or in part by the executor or administrator, if the executor or administrator resides out of the state, or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself to avoid the service of summons, the summons, together with a [certified] copy of the complaint, must be mailed directly to the last address given by the executor or administrator, and proof of the mailing must be filed with the county clerk of the county where the administration of the estate is pending. This service is the equivalent of personal service upon the executor or administrator, but the defendant has 30 days from the date of such service within which to answer.
3. If the defendant defaults after such service, the default is sufficient grounds for his removal as executor or administrator by the court without notice. Upon petition and notice, in the manner provided for an application for letters of administration, an administrator [,] or an administrator with the will annexed [, as the case may be,] must be appointed by the court and, upon his qualification as such, letters of administration [,] or letters of administration with the will annexed [,] must be issued.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 7Committee on Judiciary
CHAPTER 56
AN ACT relating to unclaimed property; removing the limit on the duration of the states program for it; broadening the states claim upon intangible interests in business associations; establishing the period after which unclaimed wages are presumed abandoned; authorizing the disposal of property with no value and the deduction of certain costs; and providing other matters properly relating thereto.
[Approved March 29, 1985]
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 a new section to read as follows:
All earned but unpaid wages, including wages represented by unpresented checks, owing in the ordinary course of the holders business that have remained unclaimed by the owner for more than 1 year after becoming payable are presumed abandoned.
Sec. 2. NRS 120A.095 is hereby amended to read as follows:
120A.095 Intangible property includes:
κ1985 Statutes of Nevada, Page 117 (CHAPTER 56, SB 7)κ
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. 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 or other certificate of deposit with a banking organization, together with any interest or 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:
(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) Communicated in writing with the banking organization concerning the property;
(c) Otherwise indicated an interest in the property as evidenced by a memorandum or other record on file 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.
κ1985 Statutes of Nevada, Page 118 (CHAPTER 56, SB 7)κ
which communications regarding the other relationship regularly are sent.
For the purposes of this subsection, property includes interest and dividends.
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 any draft or money order, which has been outstanding for more than 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 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 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 or business association is presumed abandoned at the same time as the account for which it was given.
Sec. 4. NRS 120A.190 is hereby amended to read as follows:
120A.190 1. Any stock or other [certificate of ownership,] intangible interest, or any dividend, profit, distribution, interest, payment on principal or other sum held or owing by a business association is presumed abandoned if, within 7 years after the date prescribed for payment or delivery [:
(a) The] 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 .
κ1985 Statutes of Nevada, Page 119 (CHAPTER 56, SB 7)κ
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.
3. This section does not apply to any stock or other intangible interest enrolled in a plan that provides for the automatic reinvestment of dividends, distributions, or other sums payable as a result of the interest unless the records available to the administrator of the plan show, with respect to any intangible interest not enrolled in the reinvestment plan, that the owner has not within 7 years communicated in any manner described in subsection 1.
Sec. 5. NRS 120A.320 is hereby amended to read as follows:
120A.320 1. 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 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, the property will no longer be presumed abandoned and the holder need not pay or deliver it to the division but shall file a verified written explanation of the proof of claim or of the error in the presumption of abandonment.
2. The holder of an interest under NRS 120A.190 shall deliver a duplicate certificate or other evidence of ownership if the holder does not issue certificates of ownership to the division. Upon delivery of a duplicate certificate to the administrator, the holder and any transfer agent, registrar, or other person acting for or on behalf of a holder in executing or delivering the duplicate certificate is relieved of all liability to every person, including any person acquiring the original certificate or the duplicate of the certificate issued to the division, for any losses or damages resulting to any person by the issuance and delivery to the division of the duplicate certificate.
κ1985 Statutes of Nevada, Page 120 (CHAPTER 56, SB 7)κ
Sec. 6. NRS 120A.360 is hereby amended to read as follows:
120A.360 1. [All] Except as provided in subsection 4, all abandoned property other than money delivered to the division under this chapter must, within 1 year after the delivery, be sold by the 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 administrator may decline the highest bid and reoffer the property for sale if he considers the price bid insufficient. [The 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 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 administrator shall execute all documents necessary to complete the transfer of title.
4. The administrator need not offer any property for sale if in his opinion the probable cost of sale exceeds the value of the property. The administrator may destroy or otherwise dispose of such property or may transfer such property to the Nevada state museum or the Nevada historical society, upon its written request, if the property has, in the opinion of the requesting institution, historical, artistic or literary value and is worthy of preservation. An action may not be maintained by any person against the holder of the property because of that transfer, disposal or destruction.
Sec. 7. 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 division under this chapter, including the proceeds from the sale of abandoned property, must be deposited by the administrator in the state treasury for credit to the abandoned property trust fund.
3. Before making [such] a deposit, the 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 an insurance company, its number, the name of the company and the amount due. The record must be available for public inspection at all reasonable business hours.
(b) May deduct:
κ1985 Statutes of Nevada, Page 121 (CHAPTER 56, SB 7)κ
(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) Any costs incurred in examining the records of a holder and in collecting the abandoned property.
4. At the end of each fiscal year the amount of the [fund] balance in the fund in excess of $100,500 must be deposited with the state treasurer for credit to the state general fund [.] but remains subject to the claims of holders pursuant to NRS 120A.340.
Sec. 8. NRS 120A.410 is hereby amended to read as follows:
120A.410 1. The 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 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 administrator to hold property to which this state is entitled, where the courts of this state cannot obtain jurisdiction over [such] that 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 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] that person. This state shall pay all reasonable costs incurred by the other state in any action brought under the authority of this section. The administrator may agree to pay to [any state] the state, a political subdivision of the state, or an agency of either, which employs the officer 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.
κ1985 Statutes of Nevada, Page 122 (CHAPTER 56, SB 7)κ
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. 9. Section 54 of chapter 682, Statutes of Nevada 1979, as amended by chapter 520, Statutes of Nevada 1983, at page 1476, 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, 1987.]
________
Senate Bill No. 151Senators Hickey, Glover, Horn, OConnell, Rhoads, Robinson, Shaffer, Vergiels, Wagner and Wilson
CHAPTER 57
AN ACT relating to the state library; adding archives to the name; and providing other matters properly relating thereto.
[Approved March 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 378.005 is hereby amended to read as follows:
378.005 As used in this chapter, division means the division of archives and records of the [Nevada] state library [.] and archives.
Sec. 2. NRS 378.050 is hereby amended to read as follows:
378.050 The state librarian shall submit a biennial report to the governor and the legislature of the condition, operation and functioning of the state library [.] and archives.
Sec. 3. NRS 378.060 is hereby amended to read as follows:
378.060 The state librarian shall [have such professional, nonprofessional,] employ such librarians and other technical, clerical and operational staff as the execution of his duties and the maintenance and operation of the state library and archives may require.
Sec. 4. NRS 378.070 is hereby amended to read as follows:
378.070 The state librarian [shall have the power to] may designate the hours that the state library [shall] and archives must be open for the use of the public, but [the state library shall] they must be open for at least 5 days in each week and for at least 8 hours in each day with the exception of legal holidays.
Sec. 5. NRS 378.080 is hereby amended to read as follows:
378.080 The state librarian is responsible for the [Nevada] state library [.] and archives.
2. He shall:
κ1985 Statutes of Nevada, Page 123 (CHAPTER 57, SB 151)κ
(a) Administer the state library and archives in accordance with law and good library practice.
(b) Withdraw from the [library] librarys collection and dispose of any items no longer needed.
(c) Maintain the state library, including the selection, acquisition, circulation and custody of books, periodicals, pamphlets, films, recordings, papers and other materials and equipment.
(d) Maintain a comprehensive collection and reference service to meet reference needs of public officers, departments or agencies of the state, and other libraries and related agencies.
(e) Make and enforce regulations necessary for the administration, government and protection of the state library and all property belonging thereto.
(f) Issue official lists of publications of the state and other bibliographical and informational publications as appropriate.
3. He may:
(a) Borrow from, lend to, and exchange books and other library and informational materials with other libraries and related agencies.
(b) Accept, administer and distribute, in accordance with the terms thereof, any money, materials or other aid granted, appropriated or made available to the state library for library purposes by the United States or any of its agencies or by any other source, public or private.
Sec. 6. NRS 378.090 is hereby amended to read as follows:
378.090 Any gift of money to the state library and archives or to the State of Nevada for [library purposes] its library or archives which the state librarian is authorized to accept must be deposited in the state treasury in a fund to be known as the [state library] gift fund [. The state library gift] for the state library and archives. This fund is a continuing fund without reversion, and money in the fund must be used for [library] those purposes only and expended in accordance with the terms of the gift.
Sec. 7. NRS 378.100 is hereby amended to read as follows:
378.100 The state librarian is authorized to accept and direct the disbursement of money appropriated by any act of Congress and apportioned to the state for [library purposes.] libraries. That federal money must be deposited in the state treasury for credit to the appropriate account of the state library [.] and archives.
Sec. 8. NRS 378.110 is hereby amended to read as follows:
378.110 Money collected by the state librarian from fines [shall] must be deposited in the appropriated fund of the state library [,] and archives, and may be credited to those budgeted items [as may be] designated by the state librarian.
Sec. 9. NRS 378.120 is hereby amended to read as follows:
378.120 1. The state librarian [is authorized to collect and receive] may collect a charge from any person who [shall request] requests any photostatic copy, or photocopy print, of any paper or document from the state library. The amount of [such charge shall] the charge must be set by the state librarian but [shall] may not exceed the cost of the photographic copying process for any specific paper or document.
κ1985 Statutes of Nevada, Page 124 (CHAPTER 57, SB 151)κ
charge must be set by the state librarian but [shall] may not exceed the cost of the photographic copying process for any specific paper or document.
2. Where any person requests a duplicate of a roll of microfilm belonging to the state library [,] and archives, the state library and archives is entitled to a fee not [exceeding] to exceed $2 for each duplicate made in excess of the cost of the duplicate . [, and shall direct the] The processor making the duplicate [to] shall collect such fee for the state library [.] and archives. The money collected from such fees [shall] must be deposited in the state [treasurers office] treasury and credited to the account of the state library [.] and archives. The receipts may be expended by the state library and archives pursuant to the provisions of law authorizing budgeted expenditures of [moneys] money not appropriated from the general fund by various state officers, departments, boards, agencies, commissions and institutions for specific fiscal years.
Sec. 10. NRS 378.170 is hereby amended to read as follows:
378.170 1. There is hereby created within the [Nevada] state library and archives a state publications distribution center.
2. The state librarian may make such [rules and] regulations as may be necessary to carry out the purposes of the [state publications distribution] center.
Sec. 11. NRS 378.200 is hereby amended to read as follows:
378.200 1. After receipt of any state publications, the state publications distribution center shall distribute copies of those publications as follows:
(a) One copy to the legislative counsel bureau;
(b) Two copies to the Library of Congress; and
(c) Two copies to each depository library in this state.
2. The center shall retain sufficient copies in the [Nevada] state library and archives for preservation and use by the public. The remaining copies must be used for distribution in accordance with any agreements entered into with other states for the exchange of state publications, and for [loaning services] lending to those libraries without depository status.
Sec. 12. NRS 378.230 is hereby amended to read as follows:
378.230 1. The division of archives and records is hereby created in the [Nevada] state library [.] and archives. The division [is] must be administered by the state librarian.
2. It is the intent of the legislature that the division, in carrying out its functions, follow accepted:
(a) Standards of archival practice to assure maximum accessibility for the general public; and
(b) Procedures for the management of records to increase the efficiency of the system of governmental records and reduce the administrative costs associated with the maintenance, use, retention and disposition of records.
κ1985 Statutes of Nevada, Page 125 (CHAPTER 57, SB 151)κ
Sec. 13. NRS 379.147 is hereby amended to read as follows:
379.147 As used in NRS 379.1473 to 379.149, inclusive, library includes public libraries, school libraries where authorized by school districts, academic libraries, special libraries and the [Nevada] state library [.] and archives.
Sec. 14. NRS 380A.061 is hereby amended to read as follows:
380A.061 The council shall elect a chairman and a vice chairman at the first meeting held after July 1 of each year. The state librarian shall serve as secretary of the council but is not entitled to a vote. The secretariat is the [Nevada] state library [,] and archives, where all files and records of the council must be maintained.
Sec. 15. NRS 380A.071 is hereby amended to read as follows:
380A.071 1. The council may meet regularly at least twice each year and, within the limits of legislative appropriations, may hold additional meetings upon the call of the chairman.
2. Each member of the council is entitled to receive a salary of $60 for each days attendance at a meeting of the council and the per diem allowance and travel expenses provided by law.
3. Payments must be made upon itemized and verified claims approved by the state librarian from money appropriated to the [Nevada] state library [.] and archives.
Sec. 16. NRS 380A.111 is hereby amended to read as follows:
380A.111 The council shall promptly file copies of any and all of its reports, studies, documents and publications, regardless of form of issue, with the [Nevada] state library [.] and archives.
Sec. 17. NRS 382.060 is hereby amended to read as follows:
382.060 The Nevada historical society shall preserve all old and obsolete property and obsolete and noncurrent public records presented to it by the state librarian from the division of archives and records of the [Nevada] state library [.] and archives.
Sec. 18. NRS 218.466 is hereby amended to read as follows:
218.466 1. The following persons, offices or organizations, upon request, are entitled to receive free of charge in any one calendar year one copy of any bill, resolution, daily history, daily journal or index:
(a) Elected state officers.
(b) Offices of all state departments and agencies.
(c) County clerks, sheriffs, treasurers, assessors, recorders and auditors.
(d) Offices of other county officials.
(e) Municipal officers.
(f) Districts and other governmental agencies.
(g) Justices of the peace.
(h) The [Nevada] state library [.] and archives.
(i) County and city libraries and libraries of the University of Nevada System.
(j) Accredited members of the press.
2. Upon approval of the committee on legislative functions of the senate or assembly, additional copies must be provided to these persons, offices or organizations without charge, except for the cost of any handling and postage as determined by the director of the legislative counsel bureau.
κ1985 Statutes of Nevada, Page 126 (CHAPTER 57, SB 151)κ
senate or assembly, additional copies must be provided to these persons, offices or organizations without charge, except for the cost of any handling and postage as determined by the director of the legislative counsel bureau.
3. Township, school and municipal officials may have distributed, free of charge, the number of copies of any bill or other legislative publication that is approved by the committee on legislative functions of the senate or assembly.
Sec. 19. NRS 225.070 is hereby amended to read as follows:
225.070 1. The secretary of state has custody of and shall carefully preserve in the division of archives and records of the [Nevada] state library and archives or in his office:
(a) The enrolled copy of the constitution of the State of Nevada, except as permitted by subsection 3.
(b) The description of the state seal and other seals of which a description may be required to be deposited in his office.
(c) The proceedings and all papers of the two constitutional conventions held for the purpose of framing a constitution of this state.
(d) The manuscripts containing the enrolled acts and joint resolutions and journals of the legislature of this state and the Territory of Nevada.
(e) The records, papers and documents of Carson County, Utah Territory, and all other books, records and documents which, by the laws of the Territory of Nevada, were required to be deposited and kept in the office of the secretary of the Territory of Nevada.
(f) All the books, records, parchments, maps, registers and papers required to be deposited or kept in his office.
(g) All deeds and conveyances belonging to the state.
(h) All official bonds approved by the governor.
(i) All written contracts to which the state is a party, except those required to be deposited elsewhere.
2. The deeds, conveyances and official bonds must be recorded in well-bound books, and the original papers, except as permitted by subsection 3, must not be permitted to be taken out of the office unless in the possession of the secretary of state or his deputy.
3. The enrolled copy of the constitution may be displayed within the legislative building when the legislature is in session.
Sec. 20. NRS 239.005 is hereby amended to read as follows:
239.005 As used in this chapter division means the division of archives and records of the [Nevada] state library [.] and archives.
Sec. 21. NRS 345.100 is hereby amended to read as follows:
345.100 The state planning coordinator shall determine the format, substance, time of preparation, distribution, cost and all other matters pertaining to the publication of the biennial report and the statistical abstract after consultation with the bureau of business and economic research of the University of Nevada, the department of economic development and the [Nevada] state library [.] and archives.
Sec. 22. NRS 412.052 is hereby amended to read as follows:
412.052 The adjutant general [shall:
κ1985 Statutes of Nevada, Page 127 (CHAPTER 57, SB 151)κ
1. Supervise] :
1. Shall supervise the preparation and submission of all returns and reports pertaining to the militia of the state required by the United States.
2. [Be] Is the channel of official military correspondence with the governor, and, on or before November 1 of each even-numbered year, shall report to the governor the transactions, expenditures and condition of the Nevada National Guard. The report must include the report of the United States Property and Fiscal Officer.
3. [Be] Is the custodian of records of officers and enlisted personnel and all other records and papers required by law or regulations to be filed in his office. He may deposit with the division of archives and records of the [Nevada] state library and archives for safekeeping records of his office that are used for historical purposes rather than the administrative purposes assigned to his office by law.
4. [Attest] Shall attest all military commissions issued and keep a roll of all commissioned officers, with dates of commission and all changes occurring in the commissioned forces.
5. [Record,] Shall record, authenticate and communicate to units and members of the militia all orders, instructions and regulations.
6. [Cause] Shall cause to be procured, printed and circulated to those concerned all books, blank forms, laws, regulations or other publications governing the militia needful to the proper administration, operation and training of it or to carry into effect the provisions of this chapter.
7. [Have] Shall keep an appropriate seal of office and affix its impression to all certificates of record issued from his office.
8. [Render] Shall render such professional aid and assistance and perform such military duties, not otherwise assigned, as may be ordered by the governor.
9. In time of peace, shall perform the duties of quartermaster general and chief of ordnance.
Sec. 23. The legislative counsel shall, in preparing the supplement to the Nevada Revised Statutes with respect to any section which is not amended by this act or is further amended by another act, appropriately correct any reference to the former Nevada state library.
________
κ1985 Statutes of Nevada, Page 128κ
Assembly Bill No. 30Committee on Judiciary
CHAPTER 58
AN ACT relating to termination of parental rights; increasing the standard of evidence required; and providing other matters properly relating thereto.
[Approved March 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 128.090 is hereby amended to read as follows:
128.090 1. At the time stated in the notice, or at the earliest time thereafter to which the hearing may be postponed, the court shall proceed to hear the petition.
2. The proceedings are civil in nature and are governed by the Nevada Rules of Civil Procedure. The court shall in all cases require the petitioner to establish the facts by clear and convincing evidence and shall give full and careful consideration to all of the evidence presented, with due regard to the rights and claims of the parent or parents of the child and to any and all ties of blood or affection, but with a dominant purpose of serving the best interests of the child.
3. [The standard of proof to be adduced in the proceedings is a preponderance of the evidence.
4.] Information contained in a report filed pursuant to NRS 200.501 to 200.509, inclusive, may not be excluded from the proceeding by the invoking of any privilege.
[5.] 4. In the event of postponement, all persons served, who are not present or represented in court at the time of the postponement, must be notified thereof in the manner provided by the Nevada Rules of Civil Procedure.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 123Committee on Judiciary
CHAPTER 59
AN ACT relating to the commission on judicial discipline; increasing the compensation for certain members of the commission; and providing other matters properly relating thereto.
[Approved March 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 1.430 is hereby amended to read as follows:
1.430 1. Members of the commission on judicial discipline and employees of the commission are entitled to reimbursement for travel expenses and subsistence allowances as provided by law.
κ1985 Statutes of Nevada, Page 129 (CHAPTER 59, SB 123)κ
2. Each member of the commission who is not a judicial officer is entitled to receive [$40] $60 for each days attendance at each meeting of the commission.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 34Committee on Judiciary
CHAPTER 60
AN ACT relating to perjury; removing an inadvertent penalty for every oath or affirmation; and providing other matters properly relating thereto.
[Approved March 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 199.120 is hereby amended to read as follows:
199.120 Every person , having taken a lawful oath or made affirmation in a judicial proceeding or in any other matter where, by law, an oath or affirmation is required and no other penalty is prescribed, [or] who willfully and corruptly makes an unqualified statement of that which he does not know to be true, or who swears or affirms willfully, corruptly and falsely in a matter material to the issue or point in question, or who suborns any other person to make such unqualified statement or to swear or affirm in such manner is guilty of perjury or subornation of perjury, as the case may be, 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. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 35Committee on Judiciary
CHAPTER 61
AN ACT relating to municipal courts; clarifying the extent of jurisdiction in criminal cases and extending it in civil cases; and providing other matters properly relating thereto.
[Approved March 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 5.050 is hereby amended to read as follows:
5.050 1. Municipal courts have jurisdiction [:
(a) Of an action or proceeding for] of civil actions or proceedings:
(a) For the violation of any ordinance of their respective cities.
κ1985 Statutes of Nevada, Page 130 (CHAPTER 61, AB 35)κ
(b) [Of an action or proceeding to] To prevent or abate a nuisance within the limits of their respective cities.
(c) [Of proceedings respecting vagrants and disorderly persons.] For the collection of any amounts due their respective cities in a proprietary capacity.
2. The municipal courts have jurisdiction of [the following public offenses committed in their respective cities:
(a) Petit larceny.
(b) Assault and battery, not charged to have been committed upon a public officer in the execution of his duties, or with intent to kill.
(c) Breaches of peace, riots, affrays, committing a willful injury to property, and all misdemeanors.] all misdemeanors committed in violation of the ordinances of their respective cities.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 8Assemblyman Sader
CHAPTER 62
AN ACT relating to the determination of death; adopting a uniform act; and providing other matters properly relating thereto.
[Approved March 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 451.007 is hereby amended to read as follows:
451.007 1. For legal and medical purposes, a person [who has sustained irreversible cessation of all functioning of the brain, including the brain stem, is dead. A determination under this section must be made in accordance with reasonable medical standards.
2. This section may be cited as the Uniform Brain Death Act.] is dead if he has sustained an irreversible cessation of:
(a) Circulatory and respiratory functions; or
(b) All functions of his entire brain, including his brain stem.
2. A determination of death made under this section must be made in accordance with accepted medical standards.
3. This section may be cited as the Uniform Determination of Death Act and must be applied and construed to carry out its general purpose which is to make uniform among the states which enact it the law regarding the determination of death.
________
κ1985 Statutes of Nevada, Page 131κ
Senate Bill No. 54Committee on Commerce and Labor
CHAPTER 63
AN ACT relating to dispensing opticians; removing the exemption from examination for certification to fit contact lenses; and providing other matters properly relating thereto.
[Approved April 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 637.122 is hereby amended to read as follows:
637.122 1. A dispensing optician shall not fit contact lenses unless he is certified to do so pursuant to this section.
2. The board shall issue a certificate containing an authorization for its holder to fit contact lenses to any licensed dispensing optician whose license has been issued by this board and:
(a) [Who fitted contact lenses before January 1, 1978, and submits an application with affidavits from two physicians who specialize in treatment of the eye, testifying to his proficiency in the fitting of contact lenses. No examination on fitting contact lenses is required of such an applicant;
(b)] Who has successfully completed a course of instruction on the fitting of contact lenses at a school which offers a degree of associate in applied science for studies in ophthalmic dispensing and who has passed the Contact Lens Registry Examination of the National Committee of Contact Lens Examiners; or
[(c)] (b) Who has completed at least 1 year of training and experience in the fitting of contact lenses under the supervision of a licensed dispensing optician certified to fit contact lenses, a physician specialized in treatment of the eye, or an optometrist, and has passed the Contact Lens Registry Examination of the National Committee of Contact Lens Examiners.
A certificate to fit contact lenses is effective for 1 year but may be renewed.
3. The board may charge a fee of not more than $100 for its initial issuance of a certificate to fit contact lenses and for an annual renewal of such a certificate.
4. An applicant who desires to qualify by obtaining 1 year of training and experience must first apply to the board for a training permit. The board shall fix a fee of not more than $15 for the training permit. The permit must be conspicuously displayed at the place of training. The year of training and experience must consist of not less than 1,000 hours of experience in fitting and adapting contact lenses, verification and interpretation of prescriptions for contact lenses, and in other aspects of the practice and theory of fitting contact lenses.
5. The board may issue a training permit for the fitting of contact lenses to a registered apprentice dispensing optician to run concurrently with his permit to serve as an apprentice dispensing optician.
κ1985 Statutes of Nevada, Page 132 (CHAPTER 63, SB 54)κ
lenses to a registered apprentice dispensing optician to run concurrently with his permit to serve as an apprentice dispensing optician.
6. The board may issue a permit, to be effective for not more than 2 years, to a licensed dispensing optician who is not certified to fit contact lenses in order that he may train in the fitting of such lenses.
7. A dispensing optician:
(a) May fit contact lenses only pursuant to a written prescription specifying contact lenses.
(b) Shall direct the patient to return to the prescriber for checking the fit and accuracy of the lenses.
________
Senate Bill No. 116Committee on Government Affairs
CHAPTER 64
AN ACT relating to the department of museums and history; establishing the Nevada railroad museum, Nevada museum and historical society and the Lost City museum as institutions within the department; and providing other matters properly relating thereto.
[Approved April 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 33 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. As used in sections 3 to 11, inclusive, of this act, curator means the curator of the Nevada railroad museum.
Sec. 3. 1. The Nevada railroad museum is hereby established as an institution within the department of museums and history.
2. The Nevada railroad museum may receive, collect, exchange, preserve, house, care for, display and exhibit property, memorabilia, photographs and equipment relating to railroads, which are under state control or which the state receives in any manner.
3. The property, memorabilia, photographs and equipment may be received and collected from any appropriate property of the State of Nevada, or from accessions, gifts, exchanges, loans or purchases from any other agencies, persons or sources.
4. Except as provided in this subsection, the property must be housed, preserved, cared for and displayed in the Nevada railroad museum at Carson City, Nevada. This subsection does not prevent the permanent or temporary display of the property, with the consent of the board of museums and history, at other places within or without the State of Nevada.
Sec. 4. The board of museums and history shall adopt regulations:
1. Governing the use and operation of locomotives, motorcars, cars and fixtures owned by the Nevada railroad museum for television and producing motion pictures, and fixing the charges for such use.
κ1985 Statutes of Nevada, Page 133 (CHAPTER 64, SB 116)κ
and fixtures owned by the Nevada railroad museum for television and producing motion pictures, and fixing the charges for such use.
2. For the safe operation of locomotives, motorcars, cars and fixtures owned by the Nevada railroad museum.
Sec. 5. The administrator of the department of museums and history, with the consent of the board of museums and history, shall appoint a curator of the Nevada railroad museum, who is in the classified service.
Sec. 6. The curator may:
1. Govern, manage and control the exhibit and display of all property of the Nevada railroad museum;
2. Trade, exchange and transfer exhibits and duplicates thereof when he considers it proper, and the transactions are not sales;
3. Audit and approve all bills, claims and accounts for the Nevada railroad museum;
4. Collect all money and other property received by the Nevada railroad museum from memberships, sales, interest or dividends from any sources other than appropriation by the legislature; and
5. Adopt regulations for the internal management of the Nevada railroad museum.
Sec. 7. The curator may establish a procedure whereby extraordinary or emergency purchases of supplies, materials or equipment may be made through expenditures of donated or dedicated money only, with permission of the chief of the purchasing division of the department of general services, but without otherwise meeting the requirements of the State Purchasing Act.
Sec. 8. 1. The Nevada railroad museum may maintain a petty cash account of not more than $100.
2. All reimbursements to the account must be made from appropriated money by a claim and warrant on the state treasurer as other claims against the state are paid.
Sec. 9. The curator may hire and fix the duties, powers and conditions of employment of necessary technical and clerical personnel.
Sec. 10. The curator may set the qualifications for life, honorary, annual, sustaining and such other memberships as he considers necessary.
Sec. 11. 1. The curator shall make a report biennially to the administrator of the department of museums and history, who shall submit the report to the governor. The report must embrace the transactions, work and expenditures of the museum.
2. The report must be printed.
Sec. 12. Chapter 381 of NRS is hereby amended by adding thereto the provisions set forth as sections 13 to 36, inclusive, of this act.
Sec. 13. As used in NRS 381.010 to 381.227, inclusive, director means the director of the Nevada state museum.
Sec. 14. As used in NRS 381.270 and sections 20 to 26, inclusive, of this act, curator means the curator of the Lost City museum.
κ1985 Statutes of Nevada, Page 134 (CHAPTER 64, SB 116)κ
Sec. 15. As used in sections 27 to 36, inclusive, of this act, director means the director of the Nevada museum and historical society.
Sec. 16. A membership in one institution of the department automatically provides the benefits of membership in all institutions of the department.
Sec. 17. The board may establish shops for the sale of gifts and souvenirs, such as publications, books, postcards, color slides and such other related material as, in the judgment of the board, is appropriately connected with the operation of the institutions of the department or the purposes of this chapter.
Sec. 18. When not in conflict with any condition or restraint placed on a gift and with the approval of the board, the director or curator of each institution of the department may sell duplicates, surplus and items inappropriate to the collection of the institution. The proceeds of the sale must be held in trust and may be expended only for the purchase of photographs, memorabilia and other historical articles and objects to enrich the collection of the institution.
Sec. 19. 1. Any property held by an institution of the department for 10 years or more, to which no person has made claim, shall be deemed to be abandoned and becomes the property of the institution if the institution complies with the provisions of subsection 2.
2. The institution shall cause to be published in at least one newspaper of general circulation in the county in which the institution is located at least once a week for 2 consecutive weeks a notice and listing of the property. The notice must contain:
(a) The name and last known address, if any, of the last known owner of the property;
(b) A description of the property; and
(c) A statement that if proof of a claim is not presented by the owner to the institution and if the owners right to receive the property is not established to the institutions satisfaction within 60 days after the date of the second published notice, the property will be considered abandoned and become the property of the institution.
3. If no claim has been made to the property within 60 days after the date of the second published notice, title, including literary rights, to the property vests in the institution, free from all claims of the owner and of all persons claiming through or under him.
Sec. 20. The curator may:
1. Govern, manage and control the exhibit and display of all property and things of the Lost City museum;
2. Trade, exchange and transfer exhibits and duplicates thereof when he considers it proper, and those transactions shall not be deemed sales;
3. Audit and approve all bills, claims and accounts for the Lost City museum;
4. Collect all money and other property received by the Lost City museum from memberships, sales, interest or dividends from any sources other than appropriation by the legislature; and
κ1985 Statutes of Nevada, Page 135 (CHAPTER 64, SB 116)κ
museum from memberships, sales, interest or dividends from any sources other than appropriation by the legislature; and
5. Adopt rules for the internal management of the Lost City museum.
Sec. 21. The curator shall use any gift of money or other property the Lost City museum is authorized to accept in a manner consistent with the purposes of the museum.
Sec. 22. The curator may establish a procedure whereby extraordinary or emergency purchases of supplies, materials or equipment may be made through expenditures of donated or dedicated money only, with permission of the chief of the purchasing division of the department of general services, but without otherwise meeting the requirements of the State Purchasing Act.
Sec. 23. 1. The Lost City museum may maintain a petty cash account of not more than $100.
2. All reimbursements to the account must be made from appropriated money by a claim and warrant on the state treasurer as other claims against the state are paid.
Sec. 24. The curator may hire and fix the duties, powers and conditions of employment of necessary technical and clerical personnel.
Sec. 25. The curator may set the qualifications for life, honorary, annual, sustaining and such other memberships as he considers necessary.
Sec. 26. 1. The curator shall make a report biennially to the administrator, who shall submit the report to the governor. The report must embrace the transactions, work and expenditures of the institution.
2. The report must be printed.
Sec. 27. The Nevada museum and historical society is hereby established as an institution within the department.
Sec. 28. 1. The general objects and powers of the Nevada museum and historical society are the same as those specified in subsections 1 to 3, inclusive, of NRS 381.020.
2. Property may be received and collected from any appropriate property of the State of Nevada, or from accessions, gifts, exchanges, loans or purchases from any other agencies, persons or sources.
3. The property must be housed, preserved, cared for and displayed or exhibited by the Nevada museum and historical society. This subsection does not prevent permanent or temporary retention, placement, housing or exhibition of a portion of the property in other places or locations within or without the State of Nevada in the sole discretion of the board.
Sec. 29. 1. In addition to such money as may be dedicated, granted or otherwise received by the Nevada museum and historical society from private persons, firms, associations or corporations, money to carry out the provisions of sections 27 to 36, inclusive, of this act, must be provided by legislative appropriation from the state general fund, and must be paid out on claims as other claims against the state are paid.
κ1985 Statutes of Nevada, Page 136 (CHAPTER 64, SB 116)κ
2. The director may audit and approve all bills, claims and accounts of the society.
3. All money and property received by the society through any grant, bequest or devise, and the proceeds from memberships, sales, interest or dividends from any sources other than appropriation by the legislature, are under the control of the director. The money must be budgeted and expended, within any limitations specified by particular donors, at the discretion of the director.
Sec. 30. The director may establish a procedure whereby extraordinary or emergency purchases of supplies, materials or equipment may be made through expenditures of donated or dedicated money only, with permission of the chief of the purchasing division of the department of general services, but without otherwise meeting the requirements of the State Purchasing Act.
Sec. 31. 1. The director shall adopt regulations for the Nevada state museum and historical society, consistent with all legislative enactments relating thereto.
2. The regulations must provide for and define the qualifications for life, honorary, annual, sustaining and such other memberships as the director considers necessary, and for the voting powers thereof.
3. The regulations must also provide for the establishment and handling of a petty cash account under the imprest system and for the bonding of any officer or employee of the Nevada museum and historical society who handles or has access to any money of the society.
Sec. 32. 1. The governor shall appoint a director from a list of three names submitted by the board and the administrator. The director must have:
(a) An advanced degree in science or history; and
(b) At least 3 years experience in managing a museum.
2. The director may employ and fix the duties, powers and conditions of employment of necessary curators, assistants, janitors, laborers, guards and employees of the Nevada museum and historical society.
3. The director is in the unclassified service.
4. When any employee is required to perform any travel in conjunction with his duties and at the specific instruction of his supervisor, he is entitled to receive his expenses.
5. The director 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. 33. The director may:
1. Acquire, supervise, control, manage and operate the building of the Nevada museum and historical society in Las Vegas, Nevada.
2. Furnish, heat, light, remodel, repair, alter, erect and supervise the furnishing, remodeling, repairing, alteration and erection of the premises and building. The director may make and obtain plans and specifications and let and supervise contracts for work or have the work done on force account or day labor, supplying material or labor, or otherwise.
κ1985 Statutes of Nevada, Page 137 (CHAPTER 64, SB 116)κ
Sec. 34. 1. The director may receive, accept and obtain by exchange in the name of the State of Nevada all property loaned to the Nevada museum and historical society for preservation, care, display or exhibit, or decline and reject the property in his discretion, and undertake to be responsible for all property loaned to the Nevada museum and historical society or make just payment of any reasonable costs or rentals therefor.
2. The director shall apply and expend all gifts and grants which the Nevada museum and historical society is authorized to accept in accordance with the terms and conditions of the gift or grant.
Sec. 35. The director may:
1. Govern, manage and control the exhibit and display of all property and things of the Nevada museum and historical society at other exhibits, expositions, worlds fairs and places of public or private exhibition.
2. Negotiate and consult with and agree with other institutions, departments, officers and persons or corporations of and in the State of Nevada and elsewhere respecting quarters for and the preservation, care, transportation, storage, custody, display and exhibit of articles and things controlled by the Nevada museum and historical society and respecting the terms and cost, the manner, time, place and extent and the return thereof.
3. Adopt regulations respecting the charging of any admission price or fee to see those displays or exhibits, either at the Nevada museum and historical society or elsewhere, but he may not adopt any regulation permitting the charging of an admission fee or price:
(a) Beyond the necessary outlay for presenting the exhibit, excluding all overhead or capital charges or charges for permanent employees.
(b) To see the permanent exhibits or displays at the Nevada museum and historical society in Las Vegas, Nevada.
Sec. 36. The director may trade, exchange and transfer exhibits and duplicates when he considers it proper. Those transactions shall not be deemed sales.
Sec. 37. NRS 381.001 is hereby amended to read as follows:
381.001 As used in this chapter, unless the context otherwise requires:
1. Administrator means the administrator of the department of museums and history.
2. Board means the [joint] board of museums and history.
[2. Director means the director of the Nevada state museum.]
3. Department means the department of museums and history.
Sec. 38. 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;
κ1985 Statutes of Nevada, Page 138 (CHAPTER 64, SB 116)κ
(b) Five persons who are members of the Nevada historical society; and
(c)] Ten persons, each of whom must be a member of one of the institutions of the department who is familiar with that institution; and
(b) One other person.
3. The governor shall designate the chairman of the [joint] board from among its members.
4. The [joint board may] board shall meet regularly at least [quarterly] six times each year and 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. 39. NRS 381.004 is hereby amended to read as follows:
381.004 1. The department of museums and history is hereby created.
2. The department consists of:
(a) The office of the administrator;
(b) The Nevada state museum [, including the Lost City museum; and
(c) The Nevada historical society.] ;
(c) The Lost City museum;
(d) The Nevada museum and historical society;
(e) The Nevada railroad museum;
(f) The Nevada historical society; and
(g) Such other divisions and institutions as the board may establish.
Sec. 40. NRS 381.005 is hereby amended to read as follows:
381.005 1. The administrator [of the department of museums and history] is appointed by the governor and serves at his pleasure. The governor shall consult with the [joint board of museums and history] board before making the appointment.
2. To be qualified for appointment, the administrator must have training and experience in public administration.
3. The administrator is in the unclassified service of the state. He is entitled to receive an annual salary [in an amount determined pursuant to the provisions of chapter 284 of NRS*] and the travel expenses and subsistence allowances fixed by law for state officers and employees.
4. The administrator shall not engage in any other gainful employment or occupation.
5. The administrator may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of his duties.
Sec. 41. NRS 381.006 is hereby amended to read as follows:
381.006 The administrator : [of the department of museums and history:]
1. Is responsible to the governor for the general administration of the department and for the submission of its budgets, which must include the combined budgets of [the Nevada state museum and the Nevada historical society.]
κ1985 Statutes of Nevada, Page 139 (CHAPTER 64, SB 116)κ
the department and for the submission of its budgets, which must include the combined budgets of [the Nevada state museum and the Nevada historical society.] its institutions.
2. Shall supervise the directors of [the two] its institutions in matters pertaining to the general administration of the institutions.
3. Shall coordinate the submission of requests by [the two] its institutions for assistance from governmental sources.
4. Shall oversee the public relations of [the two] its institutions.
5. Shall superintend the planning and development of any new facilities for the department or its institutions.
6. Shall assist the efforts of [the two] its institutions in improving their services to the rural counties.
7. Shall supervise the facilities for storage which are jointly owned or used by [the two] any of its institutions.
Sec. 42. NRS 381.007 is hereby amended to read as follows:
381.007 The creation of the department [of museums and history] does not affect [:
1. The separate listing of the members of the Nevada state museum and the Nevada historical society and the independence of their respective memberships.
2. Any] any bequest, devise, endowment, trust, allotment or other gift made to [the Nevada state museum or the Nevada historical society, and such] an institution of the department and those gifts inure to the benefit of the [respective institutions] institution and remain subject to any conditions or restraints placed on the gifts.
Sec. 43. NRS 381.010 is hereby amended to read as follows:
381.010 The Nevada state museum is hereby established as an institution within the department . [of museums and history.]
Sec. 44. NRS 381.020 is hereby amended to read as follows:
381.020 1. The general objects and powers of the Nevada state museum are to:
(a) Receive, collect, exchange, preserve, house, care for, display and exhibit, particularly, but not exclusively, respecting the State of Nevada:
(1) Samples of the useful and fine arts, sciences and industries, relics, memorabilia, products, works, records, rare and valuable articles and objects, including drawings, etchings, lithographs, photographs, paintings, statuary, sculpture, fabrics, furniture, implements, machines, geological and mineral specimens, precious, semiprecious and commercial minerals, metals, earths, gems and stones.
(2) Books, papers, records and documents of historic, artistic, literary or industrial value or interest by reason of rarity, representative character or otherwise.
[(3) Former property of the Virginia & Truckee Railroad which is under state control or which the state receives in any manner.]
(b) Collect, gather and prepare the natural history of Nevada and the Great Basin.
κ1985 Statutes of Nevada, Page 140 (CHAPTER 64, SB 116)κ
(c) Establish such [departments] divisions in archeology, anthropology, mineralogy, ethnology, ornithology and other scientific [departments] divisions as in the judgment of the board may be proper and necessary to carry out the objects and purposes appropriate to a museum.
[(d) Establish a shop for the sale of gifts and souvenirs, such as museum publications, books, postcards, color slides and such other museum or related material as, in the judgment of the board, may be appropriately related and connected with the operation of the museum and the fulfillment of the purposes of this chapter.]
2. The enumeration in subsection 1 is not exclusive of other general objects and purposes appropriate to a public museum.
3. The property may be received and collected from any and all appropriate property of the State of Nevada, or from accessions, gifts, exchanges, loans or purchases from any other agencies, persons or sources.
4. The property must be housed, preserved, cared for and displayed or exhibited [in] by the Nevada state museum . [to be located at Carson City, Nevada. Nothing in this subsection prevents] This subsection does not prevent the permanent or temporary retention, [placing,] placement, housing or exhibition of a portion of the property [temporarily] in other places or locations within or without the State of Nevada in the sole discretion of the board . [or the permanent display of former property of the Virginia & Truckee Railroad in areas formerly served by the railroad.]
Sec. 45. NRS 381.120 is hereby amended to read as follows:
381.120 1. The governor shall appoint a director from a list of three names submitted by the board [. the director of the Nevada state museum shall be a person who has:] and the administrator. The director must have:
(a) An advanced degree in science or history; and
(b) At least 3 years experience in managing a museum.
2. The director may employ and fix the duties, powers and conditions of employment of [all] necessary curators, assistants, janitors, laborers, guards and employees of the Nevada state museum.
3. Except for the director and two assistants, all employees of the Nevada state museum whose salaries are paid from the general fund appropriation are in the classified service of the state. The director is in the unclassified service. The director may, within the limits of legislative appropriation, fix the annual salaries of the two assistants.
4. When any employee is required to perform any travel in conjunction with his duties and at the specific instruction of his supervisor, he [shall be reimbursed for such expense as provided by law.] is entitled to receive his expenses.
5. The director 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.
κ1985 Statutes of Nevada, Page 141 (CHAPTER 64, SB 116)κ
Sec. 46. NRS 381.140 is hereby amended to read as follows:
381.140 The director may:
1. Acquire, supervise, control, manage and operate the Nevada state museum mint building in Carson City, Nevada, and any other buildings or properties in this state which might be acquired by any means [.] for the museum.
2. Furnish, heat, light, remodel, repair, alter, erect and supervise the furnishing, remodeling, repairing, alteration and erection of the mint premises and buildings or other premises and buildings which may be conveyed to or made available for the State of Nevada for museum purposes. The director may make and obtain plans and specifications and let and supervise contracts for work or have the work done on force account or day labor, supplying material or labor, or otherwise.
Sec. 47. NRS 381.160 is hereby amended to read as follows:
381.160 The director may:
1. Govern, manage and control the exhibit and display of all property and things of the Nevada state museum at other exhibits, expositions, worlds fairs and places of public or private exhibition.
2. Negotiate and consult with and agree with other institutions, departments, officers and persons or corporations of and in the State of Nevada and elsewhere respecting quarters for and the preservation, care, transportation, [storing,] storage, custody, display and exhibit of articles and things controlled by the Nevada state museum and respecting the terms and cost, the manner, time, place and extent, and the return thereof.
3. [Make rules] Adopt regulations respecting the charging of any admission price or fee to see [such] those displays or exhibits, either at the Nevada state museum or elsewhere, but [:
(a) A rule shall not permit the charging of any admission fee or price beyond the necessary outlay for presenting the exhibit (excluding all overhead or capital charges or charges for permanent employees); and
(b) A rule shall not permit the charging of any admission price or fee to see the permanent exhibits or displays in the Nevada state museum at Carson City, Nevada.] he may not adopt any regulation permitting the charging of an admission fee or price:
(a) Beyond the necessary outlay for presenting the exhibit, excluding all overhead or capital charges or charges for permanent employees.
(b) To see the permanent exhibits or displays in the Nevada state museum at Carson City, Nevada.
Sec. 48. NRS 381.170 is hereby amended to read as follows:
381.170 1. Any property of the State of Nevada which may be placed on display or on exhibition at any worlds fair or exposition [shall] must be taken into custody by the director at the conclusion of [such] the worlds fair or exposition and placed and kept in the Nevada state museum, subject to being removed and again exhibited at the discretion of the director.
κ1985 Statutes of Nevada, Page 142 (CHAPTER 64, SB 116)κ
2. The provisions of this section do not apply to collections belonging to the Nevada historical society, the Nevada museum and historical society, the Lost City museum [,] or the University of Nevada System. The board of regents of the University of Nevada controls the [university] universitys collection.
Sec. 49. NRS 381.207 is hereby amended to read as follows:
381.207 1. [A permitholder,] The holder of a permit, except as provided in subsections 2 and 3, who does work upon aboriginal mounds and earthworks, ancient burial grounds, prehistoric sites, [fossil bone] deposits of fossil bones or other archeological and vertebrate paleontological features within the state shall give to the state 50 percent of all articles, implements and materials found or discovered, to be deposited with the state museum, for exhibition or other use within the state as determined by the director. The director may, in his discretion, accept less than 50 percent of such items. Upon receipt of items pursuant to this subsection the director shall notify the division of historic preservation and archeology of the state department of conservation and natural resources.
2. [A permitholder] The holder of a permit who does any such work within the state under the authority and direction of the Nevada historical society, [a state] the Nevada museum and historical society, or an institution or [a] political subdivision of the state shall give 50 percent of all articles, implements and materials found or discovered to [such] the society, institution or political subdivision. The [permitholder] holder of the permit may retain the other 50 percent.
3. If the Nevada historical society, [a state] the Nevada museum and historical society, or an institution or [a] political subdivision of the state is the [permitholder, such society, institution or political subdivision] holder of the permit, it may retain all articles, implements and materials found or discovered.
4. Whenever the division of historic preservation and archeology acquires articles, implements and materials under the provisions of this section, they [shall] must be transferred to the director for exhibition or other use within the state as determined by the director.
Sec. 50. NRS 381.270 is hereby amended to read as follows:
381.270 1. [The director shall manage and control the Lost City museum.
2. The director must use any gift of money or other property which he is authorized to accept for and on behalf of the Lost City museum in a manner consistent with the purposes of the museum.] The Lost City museum is hereby established as an institution within the department.
2. The administrator, with the consent of the board, shall appoint a curator of the Lost City museum who is in the classified service.
Sec. 51. NRS 382.005 is hereby amended to read as follows:
382.005 As used in this chapter, unless the context otherwise requires:
1. Board means the [joint] board of museums and history.
κ1985 Statutes of Nevada, Page 143 (CHAPTER 64, SB 116)κ
2. Director means the director of the Nevada historical society.
Sec. 52. NRS 382.0135 is hereby amended to read as follows:
382.0135 1. The governor shall appoint a director from a list of three names submitted by the board [. The director shall be a person who has:] and the administrator of the department of museums and history. The director must have:
(a) An advanced degree in science, history or a discipline related to the functions of the historical society; and
(b) At least 3 years experience in managing a similar type of agency.
2. The director [of the Nevada historical society] is in the unclassified service.
3. The director 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. 53. NRS 206.320 is hereby amended to read as follows:
206.320 1. The [joint] board of museums and history may, by itself or by its designated representative, post or otherwise properly designate a site containing petrified wood [site] deemed of sufficient importance to preserve in its natural state.
2. It [shall be] is unlawful to disturb or remove [from such a site any petrified wood.] any petrified wood from a designated site.
3. Any violation of this section is a misdemeanor.
4. The division of state parks of the state department of conservation and natural resources, and personnel thereof, the sheriffs, in their respective counties, and all other peace officers [are charged with the enforcement of] shall enforce this section.
Sec. 54. NRS 382.050, 382.070 and 382.080 are hereby repealed.
Sec. 55. This act does not affect the terms of office of the members of the joint board of museums and history holding office on July 1, 1985.
________
Senate Bill No. 118Committee on Human Resources and Facilities
CHAPTER 65
AN ACT relating to public schools; providing for additional uses of money raised for capital construction; and providing other matters properly relating thereto.
[Approved April 1, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 387.328 is hereby amended to read as follows:
387.328 1. The board of trustees of each school district shall establish a fund for capital projects [to construct, remodel or make additions to an elementary school, a junior high school or a high school.]
κ1985 Statutes of Nevada, Page 144 (CHAPTER 65, SB 118)κ
school.] for the purposes set forth in paragraphs (a) to (d) of subsection 1 of NRS 387.335. The money in the 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 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 fund established under subsection 1 or the school districts debt service fund.
4. No money in the 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. 2. NRS 387.3285 is hereby amended to read as follows:
387.3285 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.] 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. 3. NRS 387.335 is hereby amended to read as follows:
387.335 1. The board of trustees of a county school district may issue its general obligations [for the purpose of raising] to raise money for the following purposes, and no others:
(a) Construction or purchase of new [school buildings,] buildings for schools, including but not limited to teacherages, dormitories, dining halls, gymnasiums and stadiums.
(b) Enlarging, remodeling or repairing existing [school buildings,] buildings or grounds for schools, including but not limited to teacherages, dormitories, dining halls, gymnasiums and stadiums.
(c) Acquiring [school building] sites for building schools, or additional real property for necessary [school purposes,] purposes related to schools, including but not limited to playgrounds, athletic fields and sites for stadiums.
(d) Purchasing necessary [school equipment.] furniture and equipment for schools.
2. Any one or more of the purposes enumerated in subsection 1 may, by order of the board of trustees entered in its minutes, be united and voted upon as one single proposition.
Sec. 4. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 145κ
Assembly Bill No. 32Committee on Judiciary
CHAPTER 66
AN ACT relating to homesteads; preserving the exemption for a surviving spouse as to his separate property; and providing other matters properly relating thereto.
[Approved April 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 115.060 is hereby amended to read as follows:
115.060 1. If the property declared upon as a homestead is community property, the husband and wife shall be deemed to hold the homestead as community property with a right of survivorship. Upon the death of either spouse:
(a) The exemption of the homestead from execution continues, without further filing, as to any debt or liability existing against the spouses, or either of them, until the death of the survivor and thereafter as to any debt or liability existing against the survivor at the time of his death.
(b) The property vests absolutely in the survivor.
2. If the property declared upon as a homestead is the separate property of either spouse, the husband and wife shall be deemed to hold the right to exemption of the homestead from execution jointly while both spouses are living. If the property retains its character as separate property until the death of one or the other of the spouses:
(a) [The] If it is the separate property of the survivor, the exemption of the homestead continues.
(b) If it was the separate property of the decedent, the exemption of the homestead from execution continues as to any debt or liability existing against the spouses, or either of them, at the time of death of the decedent but ceases as to any subsequent debt or liability of the survivor.
[(b)] (c) The property belongs to the person (or his heirs) to whom it belonged when filed upon as a homestead.
3. If the property declared upon as a homestead is the property of a single person who is the head of a family, upon his death:
(a) The exemption of the homestead from execution continues, without further filing, as to any debt or liability existing against him at the time of his death and as to any subsequent debt or liability against a member of his family who was living in his house and under his care and maintenance at the time of his death, if that member of the family continues to reside on the homestead property and is his minor child, minor brother or sister, minor nephew or niece or his parent or grandparent.
(b) The right of enjoyment of the property belongs to each member of the family described in paragraph (a) until that member no longer qualifies under that paragraph.
4. If the property declared upon as a homestead is the property of a single person who is not the head of a family, upon his death the exemption of the homestead from execution continues as to any debt or liability existing against him at the time of his death.
κ1985 Statutes of Nevada, Page 146 (CHAPTER 66, AB 32)κ
exemption of the homestead from execution continues as to any debt or liability existing against him at the time of his death.
Sec. 2. Section 4 of chapter 11, Statutes of Nevada 1985, is hereby amended to read as follows:
Sec. 4. NRS 115.060 is hereby amended to read as follows:
115.060 1. If the property declared upon as a homestead is community property, the husband and wife shall be deemed to hold the homestead as community property with a right of survivorship. Upon the death of either spouse:
(a) The exemption of the homestead from execution continues, without further filing, as to any debt or liability existing against the spouses, or either of them, until the death of the survivor and thereafter as to any debt or liability existing against the survivor at the time of his death.
(b) The property vests absolutely in the survivor.
2. If the property declared upon as a homestead is the separate property of either spouse, the husband and wife shall be deemed to hold the right to exemption of the homestead from execution jointly while both spouses are living. If the property retains its character as separate property until the death of one or the other of the spouses:
(a) If it is the separate property of the survivor, the exemption of the homestead continues.
(b) If it was the separate property of the decedent, the exemption of the homestead from execution continues as to any debt or liability existing against the spouses, or either of them, at the time of death of the decedent but ceases as to any subsequent debt or liability of the survivor.
(c) The property belongs to the person (or his heirs) to whom it belonged when filed upon as a homestead.
3. If the property declared upon as a homestead is the property of a single person , [who is the head of a family,] upon his death:
(a) The exemption of the homestead from execution continues, without further filing, as to any debt or liability existing against him at the time of his death and as to any subsequent debt or liability against a [member of his family] person who was living in his house [and under his care and maintenance] at the time of his death, if that [member of the family] person continues to reside on the homestead property and is [his minor child, minor brother or sister, minor nephew or niece or his parent or grandparent.] related to him by consanguinity or affinity, even if the person through whom the relation by affinity was created predeceased the declarant.
(b) The right of enjoyment of the property belongs to each [member of the family] person described in paragraph (a) until that [member] person no longer qualifies under that paragraph.
4. If [the property declared upon as a homestead is the property of a single person who is not the head of a family, upon his death the exemption of the homestead from execution continues as to any debt or liability existing against him at the time of his death.]
κ1985 Statutes of Nevada, Page 147 (CHAPTER 66, AB 32)κ
death the exemption of the homestead from execution continues as to any debt or liability existing against him at the time of his death.] two or more persons who are not related by consanguinity or affinity have claimed as a homestead their respective undivided interests in a single parcel of land or a mobile home, upon the death of one the exemption of the entire property from execution continues as to any debt or liability of the decedent and the other declarants until the death of the last declarant to die, but only for the benefit of a declarant who continues to reside on or in the property.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 243Committee on Ways and Means
CHAPTER 67
AN ACT making an appropriation to the emergency fund; and providing other matters properly relating thereto.
[Approved April 3, 1985]
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 emergency fund created pursuant to NRS 353.263 the sum of $100,000.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 73Committee on Judiciary
CHAPTER 68
AN ACT relating to meetings of public bodies; extending the statute of limitations for suits to require statutory compliance; and providing other matters properly relating thereto.
[Approved April 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 241.037 is hereby amended to read as follows:
241.037 1. The attorney general may [maintain] sue in any court of competent jurisdiction [a suit] to have an action taken by a public body declared void or for an injunction against any public body or person to require compliance with or prevent violations of the provisions of this chapter. The injunction:
(a) May be issued without proof of actual damage or other irreparable harm sustained by any person.
κ1985 Statutes of Nevada, Page 148 (CHAPTER 68, AB 73)κ
(b) Does not relieve any person from criminal prosecution for the same violation.
2. Any person denied a right conferred by this chapter may [commence a suit] sue in the district court of the district in which the public body ordinarily holds its meetings or in which the plaintiff resides. A suit may seek to have an action taken by the public body declared void, to require compliance with or prevent violations of this chapter or to determine the applicability of this chapter to discussions or decisions of the public body. The court may order payment of reasonable attorneys fees and court costs to a successful plaintiff in a suit brought under this subsection.
3. Any suit brought against a public body pursuant to subsection 1 or 2 to require compliance with the provisions of this chapter [or to have an action declared void] must be commenced within [60] 120 days after the action objected to was taken by that public body in violation of this chapter. Any such suit brought to have an action declared void must be commenced within 60 days after the action objected to was taken.
________
Assembly Bill No. 74Committee on Judiciary
CHAPTER 69
AN ACT relating to criminal procedure; clarifying the role of the department of parole and probation in making presentence investigations and reports; authorizing the chief parole and probation officer to apply for the return of a prisoner from another state; and providing other matters properly relating thereto.
[Approved April 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.135 is hereby amended to read as follows:
176.135 1. The [probation service of the district court] department of parole and probation shall make a presentence investigation and report to the court on each defendant who pleads guilty or nolo contendere to or is found guilty of a felony. The report must be made before the imposition of sentence or the granting of probation except when:
(a) A sentence is fixed by a jury; or
(b) With the consent of the court, a defendant waives the presentence investigation and report.
2. Upon request of the court, the [service] department shall make presentence investigations and reports on defendants who plead guilty or nolo contendere to or are found guilty of gross misdemeanors.
Sec. 2. NRS 176.145 is hereby amended to read as follows:
176.145 The report of the presentence investigation must contain:
κ1985 Statutes of Nevada, Page 149 (CHAPTER 69, AB 74)κ
1. Any prior criminal record of the defendant;
2. Such information about his characteristics, his financial condition, the circumstances affecting his behavior and the circumstances of the offense as may be helpful in imposing sentence, in granting probation or in the correctional treatment of the defendant;
3. Information concerning the effect that the crime committed by the defendant has had upon the victim, including but not limited to any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this subsection do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or department and the extent of such information to be included in the report is solely at the discretion of the department;
4. A recommendation of a definite term of confinement or an amount of fine or both; and
5. Such other information as may be required by the court.
The [probation service] department of parole and probation may include in the report such information, without limitation, as it believes will be helpful in imposing sentence, in granting probation or in correctional treatment.
Sec. 3. NRS 176.156 is hereby amended to read as follows:
176.156 1. The court shall disclose to the district attorney, the counsel for the defendant and the defendant the factual content of the report of the presentence investigation and the recommendations of the [probation service] department of parole and probation and afford an opportunity to each party to object to factual errors and comment on the recommendations.
2. Except for the disclosures required by subsection 1, the report and its sources of information are confidential and must not be made a part of any public record.
Sec. 4. NRS 179.223 is hereby amended to read as follows:
179.223 1. When the return to this state of a person charged with crime in this state is required, the district attorney shall present to the governor his written application for a requisition for the return of the person charged in which application [shall] must be stated:
(a) The name of the person so charged;
(b) The crime charged against him;
(c) The approximate time, place and circumstances of its commission;
(d) The state in which he is believed to be, including the location of the accused therein at the time the application is made; and
(e) A certification that, in the opinion of the district attorney, the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.
2. When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of his bail, probation or parole, the district attorney of the county in which the offense was committed, the state board of parole commissioners, [or] the chief parole and probation officer, the director of the department of prisons or the sheriff of the county from which escape was made shall present to the governor a written application for a requisition for the return of [such] the person, in which application [shall] must be stated:
κ1985 Statutes of Nevada, Page 150 (CHAPTER 69, AB 74)κ
attorney of the county in which the offense was committed, the state board of parole commissioners, [or] the chief parole and probation officer, the director of the department of prisons or the sheriff of the county from which escape was made shall present to the governor a written application for a requisition for the return of [such] the person, in which application [shall] must be stated:
(a) The name of the person;
(b) The crime of which he was convicted;
(c) The circumstances of his escape from confinement or of the breach of the terms of his bail, probation or parole; and
(d) The state in which he is believed to be, including the location of the person therein at the time application is made.
3. The application [shall] must be verified by affidavit, [shall be] executed in duplicate and [shall be] accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The district attorney, state board of parole commissioners, chief parole and probation officer, director of the department of prisons or sheriff may also attach such further affidavits and other documents in duplicate as he deems proper to be submitted with [such] the application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or of the sentence [shall] must be filed in the office of the secretary of state of the State of Nevada to remain of record in that office. The other copies of all papers [shall] must be forwarded with the governors requisition.
________
Assembly Bill No. 80Committee on Judiciary
CHAPTER 70
AN ACT relating to public employees; permitting recovery of damages by a peace officer, fireman or emergency medical attendant for injuries inflicted by the public; and providing other matters properly relating thereto.
[Approved April 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41 of NRS is hereby amended to by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. As used in sections 2 and 3 of this act, unless the context otherwise requires:
1. Emergency medical attendant means a person licensed as an attendant or certified as an emergency medical technician or advanced emergency medical technician-ambulance pursuant to chapter 450B of NRS.
κ1985 Statutes of Nevada, Page 151 (CHAPTER 70, AB 80)κ
advanced emergency medical technician-ambulance pursuant to chapter 450B of NRS.
2. Peace officer has the meaning ascribed to it in NRS 169.125.
Sec. 3. 1. Except as provided in subsection 2, a peace officer, fireman or emergency medical attendant may bring and maintain an action for damages for personal injury caused by the willful act of another, or by anothers lack of ordinary care or skill in the management of his property, if the conduct causing the injury:
(a) Occurred after the person who caused the injury knew or should have known of the presence of the peace officer, fireman or emergency medical attendant;
(b) Was intended to injure the peace officer, fireman or emergency medical attendant;
(c) Violated a statute, ordinance or regulation:
(1) Intended to protect the peace officer, fireman or emergency medical attendant; or
(2) Prohibiting resistance to or requiring compliance with an order of a peace officer or firefighter; or
(d) Was arson.
2. This section does not impose liability on the employer of the peace officer, fireman or emergency medical attendant.
________
Assembly Bill No. 177Committee on Government Affairs
CHAPTER 71
AN ACT relating to state employees; permitting the director of the department of personnel to make administrative changes in the classification plan for positions in the classified service without the prior approval of the personnel commission; requiring the director to report any changes made to the commission at its next meeting; and providing other matters properly relating thereto.
[Approved April 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 284.160 is hereby amended to read as follows:
284.160 1. The director shall prepare, maintain and revise as necessary a [position] classification plan for all positions in the classified service, based upon similarity of duties and responsibilities, so that the same qualifications may reasonably be required for, and the same schedule of pay may be equitably applied to, all positions in the same class.
2. The duty of the director to classify extends to all offices, employments and positions held by persons who may become members of the classified service under the provisions of this chapter.
3. The director may, after consultation with [department and agency heads,] the head of a department or agency, recommend changes in the classification of positions whenever he deems it necessary for the efficiency of the public service.
κ1985 Statutes of Nevada, Page 152 (CHAPTER 71, AB 177)κ
classification of positions whenever he deems it necessary for the efficiency of the public service.
4. The classification plan and changes therein are subject to approval by the commission [.] , except that the director may make a minor change in a classification without the prior approval of the commission if:
(a) The change does not affect the salary, minimum qualifications or title of the position;
(b) The director, at least 10 working days before the effective date of the proposed change:
(1) Mails written notice of the proposal to any head of an employees organization who requests notice of such proposals; and
(2) Posts a written notice of the proposal in each of the principal offices of the department of personnel; and
(c) The director does not receive any written objections to the proposal before its effective date.
The director shall report to the commission any minor change in a classification made without its approval at the commissions next succeeding regular meeting.
________
Assembly Bill No. 247Committee on Government Affairs
CHAPTER 72
AN ACT relating to short-term financing; reducing the vote required by the governing body of a local government to authorize such financing; and providing other matters properly relating thereto.
[Approved April 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 354.618 is hereby amended to read as follows:
354.618 1. If the public interest requires short-term financing, the governing body of any local government, by a resolution [unanimously adopted,] adopted by two-thirds of its members, may authorize short-term financing. The resolution must contain:
(a) A finding by the governing body that the public interest requires the short-term financing; and
(b) A statement of the facts upon which the finding is based.
2. Except as provided in subsection 3, before the adoption of any such resolution, the governing body shall publish notice of its intention to act thereon in a newspaper of general circulation for at least one publication. No vote may be taken upon such resolution until 10 days after the publication of the notice. The cost of publication of the notice required of an entity is a proper charge against its general fund.
3. In school districts having less than 100 pupils in average daily attendance the publication of the resolution may be made by posting conspicuously, in three different places in the school district, a notice containing in full the short-term financing resolution with the date upon which the board of trustees of the school district is to meet to act upon the resolution.
κ1985 Statutes of Nevada, Page 153 (CHAPTER 72, AB 247)κ
conspicuously, in three different places in the school district, a notice containing in full the short-term financing resolution with the date upon which the board of trustees of the school district is to meet to act upon the resolution. Posting of the notice must be made not less than 10 days previous to the date fixed in the resolution for action thereon.
4. If the short-term financing is for a capital expenditure for public safety, the governing body may in its resolution request the approval of the Nevada tax commission to repay it from the proceeds of a special tax exempt from the limitation on levy of taxes ad valorem imposed by NRS 354.59806, 354.59811 and 354.59816.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 87Committee on Judiciary
CHAPTER 73
AN ACT relating to dangerous drugs; differentiating between obtaining drugs by deceit and possessing drugs so obtained; increasing certain related penalties; and providing other matters properly relating thereto.
[Approved April 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 454.311 is hereby amended to read as follows:
454.311 1. Every person, other than a peace officer or inspector of the board in the performance of his official duty, who knowingly or intentionally [acquires] obtains or attempts to [acquire or obtains] obtain possession of a dangerous drug or a prescription for a dangerous drug by misrepresentation, fraud, forgery, deception, subterfuge or alteration 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. Any person who knowingly has in his possession any false, fictitious, forged or altered prescription for a dangerous drug is guilty of a gross misdemeanor.
3. Every person who knowingly [obtains] :
(a) Receives any dangerous drug from, or has in his possession or under his control any dangerous drug [secured] obtained by, another person as a result of any forged, false, fictitious or altered prescription [is guilty of a gross misdemeanor.
4. Any person who knowingly fills] ; or
(b) Fills a prescription which is not genuine ,
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.
________
κ1985 Statutes of Nevada, Page 154κ
Senate Bill No. 34Committee on Commerce and Labor
CHAPTER 74
AN ACT relating to optometry; broadening the range of disciplinary actions available to the state board of optometry; and providing other matters properly relating thereto.
[Approved April 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 636.015 is hereby amended to read as follows:
636.015 [Unless otherwise indicated by the context, words and phrases, or variants thereof, employed in this chapter must be construed and given meanings, for the purpose of this chapter, in accordance with the following definitions:] As used in this chapter, unless the context otherwise requires:
1. Advertise means the use of a newspaper, magazine or other publication, book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, tag, label, window display, store sign, radio announcement or any other means or method [now or hereafter] employed to bring to the attention of the public the practice of optometry or the prescribing, fitting or dispensing, in connection therewith, of lenses, frames, eyeglasses or other accessories or appurtenances.
2. Applicant means a person who has applied for examination.
3. [Association means the Nevada State Optometric Association.
4.] Board means the Nevada state board of optometry.
[5.] 4. Complaint means a complaint against a licensee for [the revocation or suspension of his license.
6.] disciplinary action.
5. Diagnostic pharmaceutical agents means topical ophthalmic anesthetics and topical cycloplegics, miotics and mydriatics.
[7. Examination means examination of an applicant for a license.
8. Examinee means a person being or who has been examined by the board.
9.] 6. Eye means the human eye.
[10. Fee means a fee payable by an applicant or licensee to the secretary.
11. Governor means the governor of the State of Nevada.
12. License means a license to practice optometry in the State of Nevada.
13. Licensee means a person licensed to practice optometry in the State of Nevada.
14. Meeting means a meeting of the board.
15. Member means a member of the board.
16. Membership means membership in the board.
κ1985 Statutes of Nevada, Page 155 (CHAPTER 74, SB 34)κ
17.] 7. Ophthalmic lens means a lens which has cylindrical, prismatic or spherical power or value.
[18. Practice of optometry means the doing of any or all the things mentioned in NRS 636.025.
19. President means the president of the board.
20. Register means the register of the licensees.
21. Registration means registration as a licensee.
22. Secretary means the secretary of the board.
23. State means the State of Nevada.
24.] 8. Trial frame or test lens means a frame or lens used in testing the eye, which is not sold and not for sale to patients.
[25.] 9. Unethical or unprofessional conduct means the doing of any or all of the things mentioned in NRS 636.300.
Sec. 2. NRS 636.125 is hereby amended to read as follows:
636.125 The board [shall have the power to make and promulgate] may adopt rules and regulations, not inconsistent with the provisions of this chapter, governing its procedure, the examination and admission of applicants, the granting [, refusal, revocation and suspension of licenses,] or refusal of licenses, the disciplining of licensees and the practice of optometry.
Sec. 3. NRS 636.130 is hereby amended to read as follows:
636.130 The board [has the power to] may grant or refuse licenses after examination and [to revoke or suspend the same] discipline licensees for any of the causes specified in this chapter.
Sec. 4. NRS 636.290 is hereby amended to read as follows:
636.290 Any [license issued under] person licensed pursuant to this chapter or any former law relating to the practice of optometry may be [revoked or suspended for a fixed period] disciplined by the board for [a cause or causes] cause in the manner specified in this chapter.
Sec. 5. NRS 636.295 is hereby amended to read as follows:
636.295 The following acts, conduct, omissions, or mental or physical conditions, or any of them, committed, engaged in, omitted, or being suffered by a licensee, [shall] constitute sufficient cause for [revoking or suspending his license:] disciplinary action:
1. Affliction of the licensee with any communicable disease likely to be communicated to other persons.
2. Commission by the licensee of a felony or a gross misdemeanor involving moral turpitude of which he has been convicted and from which he has been sentenced by a final judgment of a federal or state court in this or any other state, [such] the judgment not having been reversed or vacated by a competent appellate court and [such] the offense not having been pardoned by executive authority.
3. Commission of fraud by or on behalf of the licensee in obtaining his license or a renewal thereof, or in practicing optometry thereunder.
4. Habitual drunkenness or addiction to any controlled substance as defined in chapter 453 of NRS . [on the part of the licensee.]
5. Gross incompetency . [on the part of the licensee.]
κ1985 Statutes of Nevada, Page 156 (CHAPTER 74, SB 34)κ
6. Affliction [of the licensee] with any mental or physical disorder or disturbance seriously impairing his competency as an optometrist.
7. Making false or misleading representations, by or on behalf of the licensee, with respect to optometric materials or services.
8. Practice by the licensee, or attempting or offering so to do, while he is in an intoxicated condition.
9. Perpetration [by the licensee] of unethical or unprofessional conduct in the practice of optometry . [, within the provisions of NRS 636.300.]
10. Willfully and repeatedly violating provisions of this chapter or rules or regulations adopted [and promulgated] by the board.
Sec. 6. NRS 636.305 is hereby amended to read as follows:
636.305 A complaint may be made against a licensee by [an] :
1. An agent or inspector employed by the board [, any] ;
2. Any other licensee [or any] ; or
3. Any aggrieved person,
charging one or more of the causes for [which such license may be revoked or suspended] disciplinary action with such particularity as to enable the defendant licensee to prepare a defense . [thereto.]
Sec. 7. NRS 636.325 is hereby amended to read as follows:
636.325 Upon conclusion of the hearing, or as soon as practicable thereafter, the board shall make and announce its decision by which it may, in the exercise of reasonable discretion [, revoke the license, suspend the license for a fixed time, or dismiss the complaint.] :
1. Reprimand the licensee;
2. Place the licensee on probation for a specified or unspecified period;
3. Suspend the licensee from practice for a specified or unspecified period;
4. Revoke the licensees license; or
5. Dismiss the complaint.
The board may, in connection with a reprimand, probation or suspension, impose such other terms or conditions as it considers proper which are not inconsistent with law.
Sec. 8. NRS 636.330 is hereby amended to read as follows:
636.330 If the board [revokes a license, or suspends it for a fixed time,] makes a decision which is adverse to the licensee , he may apply for a rehearing within 10 days [and the board may grant such] after the board announces its decision. The board must grant or deny the application within 30 days thereafter.
Sec. 9. NRS 636.420 is hereby amended to read as follows:
636.420 Any person licensed under this chapter who violates any provision of this chapter or any regulation of the board relating to the practice of optometry is liable to the board for an administrative fine of not less than $250 or more than $2,000.
κ1985 Statutes of Nevada, Page 157 (CHAPTER 74, SB 34)κ
Sec. 10. Section 9 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
Assembly Bill No. 119Committee on Ways and Means
CHAPTER 75
AN ACT relating to the livestock inspection fund; providing for addition to the fund of any interest earned on money in the fund; and providing other matters properly relating thereto.
[Approved April 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 561.344 is hereby amended to read as follows:
561.344 1. The livestock inspection fund is hereby created in the state treasury as a special revenue fund for the use of the department.
2. The following special taxes, fees and other money must be deposited in the livestock inspection fund:
(a) All special taxes on livestock as provided by law, except the tax levied pursuant to NRS 575.070.
(b) Fees and moneys collected pursuant to the provisions of [NRS 564.010 to 564.150, inclusive.] chapter 564 of NRS.
(c) Fees collected pursuant to the provisions of chapter 565 of NRS.
(d) Unclaimed proceeds from the sale of estrays under the provisions of NRS 569.010 to 569.130, inclusive.
(e) Fees collected under the provisions of [NRS 573.010 to 573.190, inclusive.] chapter 573 of NRS.
(f) Fees collected under the provisions of [NRS 576.010 to 576.150, inclusive.] chapter 576 of NRS.
(g) Laboratory fees collected for the diagnosis of infectious, contagious and parasitic diseases of livestock, as authorized by NRS 561.305, and as may be necessary under the provisions of chapter 571 of NRS.
3. Expenditures from the livestock inspection fund must be made only for the purposes of carrying out the provisions of chapters 564, 569, 571, 573 and 576 of NRS, and the provisions of this chapter.
4. The interest and income earned on the money in the livestock inspection fund, after deducting any applicable charges, must be credited to the fund.
________
κ1985 Statutes of Nevada, Page 158κ
Assembly Bill No. 121Assemblyman Dini
CHAPTER 76
AN ACT relating to public schools; repealing the prohibition against payment of salaries in advance; and providing other matters properly relating thereto.
[Approved April 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 391.190 is hereby repealed.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 91Committee on Government Affairs
CHAPTER 77
AN ACT relating to veterans; repealing the provisions of NRS relating to reemployment which are superseded by federal statutes; requiring district attorneys to assist in the prosecution of certain related claims; and providing other matters properly relating thereto.
[Approved April 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 418.030 is hereby amended to read as follows:
418.030 [1. If any employer fails or refuses to comply with the provisions of subsections 2 and 3 of NRS 418.010, the district court of the judicial district where the employer maintains a place of business, shall have power, upon the filing of a motion, petition or other appropriate pleading by the person entitled to the benefits of the provisions of this chapter:
(a) Specifically, to require the employer to comply with the provisions; and
(b) As an incident thereto, to compensate the person for any loss of wages or benefits suffered by reason of the employers lawful action.
2. The court shall order a speedy hearing in the case and shall advance it on the calendar.
3. Upon application to] A person who claims to be entitled to the benefits of the provisions of 38 U.S.C. §§ 2021 to 2026, inclusive, may apply for the assistance of the district attorney for the county in which the claimants employer maintains a place of business . [, by any person claiming to be entitled to the benefits of the provisions of this chapter, the] The district attorney, if reasonably satisfied that the person applying is entitled to [such] the benefits, shall appear and act as attorney for that person in the amicable adjustment of the claim, or in the [filing] :
κ1985 Statutes of Nevada, Page 159 (CHAPTER 77, AB 91)κ
1. Filing of any motion, petition or other appropriate pleading [, and the prosecution] ; and
2. Prosecution thereof to require specific compliance by the employer with the provisions of [this chapter.
4. No fees or court costs shall be taxed against the person so applying for such benefits.] 38 U.S.C. §§ 2021 to 2026, inclusive.
Sec. 2. NRS 418.010, 418.020, 418.040 and 418.050 are hereby repealed.
________
Senate Bill No. 10Committee on Judiciary
CHAPTER 78
AN ACT relating to controlled substances; extending the definition of trafficking to include the weight represented by the seller; authorizing a reduced or suspended sentence for an offender in return for his assistance; and providing other matters properly relating thereto.
[Approved April 4, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:
For the purposes of NRS 453.3385, 453.339 and 453.3395, the weight of the controlled substance as represented by the person selling or delivering it is determinative if the weight as represented is greater than the actual weight of the controlled substance.
Sec. 2. NRS 453.3405 is hereby amended to read as follows:
453.3405 1. Except as provided in subsection 2, the adjudication of guilt and imposition of sentence of a person found guilty of trafficking in a controlled substance in violation of NRS 453.3385, 453.339 or 453.3395 must not be suspended and the person is not eligible for parole until he has actually served the mandatory minimum term of imprisonment prescribed by the section under which he was convicted.
2. The judge, upon an appropriate motion, may reduce or suspend the sentence of any person convicted of violating any of the provisions of NRS 453.3385, 453.339 or 453.3395 if he finds that the convicted person rendered substantial assistance in the identification, arrest or conviction of any of his accomplices, accessories, coconspirators or principals [.] or of any other person involved in trafficking in a controlled substance in violation of NRS 453.3385, 453.339 or 453.3395. The arresting agency must be given an opportunity to be heard before the motion is granted. Upon good cause shown, the motion may be heard in camera.
________
κ1985 Statutes of Nevada, Page 160κ
Senate Bill No. 79Committee on Commerce and Labor
CHAPTER 79
AN ACT relating to benefits during unemployment; conforming the amount of extended benefits to the requirements of federal law; extending benefits to a person in a training program approved under federal law; and providing other matters properly relating thereto.
[Approved April 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 612.375 is hereby amended to read as follows:
612.375 1. An unemployed person is eligible to receive benefits with respect to any week only if the executive director finds that:
(a) He has registered for work at, and thereafter has continued to report at, an office of the employment security department in such manner as the executive director may prescribe, except that the executive director may by regulation waive or alter either or both of the requirements of this paragraph for persons attached to regular jobs and in other types of cases or situations with respect to which he finds that compliance with those requirements would be oppressive or inconsistent with the purposes of this chapter.
(b) He has made a claim for benefits in accordance with the provisions of NRS 612.450 and 612.455.
(c) He is able to work, and is available for work; but no claimant may be considered ineligible with respect to any week of unemployment for failure to comply with the provisions of this paragraph if his failure is due to an illness or disability which occurs during an uninterrupted period of unemployment with respect to which benefits are claimed and no work has been offered the claimant which would have been suitable before the beginning of the illness and disability. No otherwise eligible person may be denied benefits for any week in which he is engaged in training approved pursuant to 19 U.S.C. § 2296 or by the executive director by reason of any provisions of this chapter relating to availability for work or failure to apply for, or a refusal to accept, suitable work.
(d) He has within his base period been paid wages from employers equal to or exceeding 1½ times his total wages for employment by employers during the quarter of his base period in which his total wages were highest . [; but if] If a person fails to qualify for a weekly benefit amount of one twenty-fifth of his high-quarter wages but can qualify for a weekly benefit amount of $1 less than one twenty-fifth of his high-quarter wages, his weekly benefit amount must be $1 less than one twenty-fifth of his high-quarter wages . [; but no] No person may receive benefits in a benefit year unless, subsequent to the beginning of the next preceding benefit year during which he received benefits, he performed service, whether or not in employment as defined in this chapter and earned remuneration for that service in an amount equal to not less than 3 times his basic weekly benefit amount as determined for the next preceding benefit year.
κ1985 Statutes of Nevada, Page 161 (CHAPTER 79, SB 79)κ
chapter and earned remuneration for that service in an amount equal to not less than 3 times his basic weekly benefit amount as determined for the next preceding benefit year.
2. For any week in which a claimant receives any pension or other payment for retirement, including a governmental or private pension, annuity or other, similar periodic payment, except as provided in subsection 3 the amount payable to the claimant under a plan maintained by a base period employer or an employer whose account is chargeable with benefit payments must:
(a) Not be reduced by the amount of the pension or other payment if the contributions to the pension or retirement plan were made entirely by the claimant or by the claimant and an employer or other person who is neither a base period employer nor an employer whose account is chargeable with benefit payments;
(b) Be reduced by half the proportionate weekly amount of the pension or other payment if at least half but less than the entire amount of the contributions to the pension or retirement plan were made by the claimant; or
(c) Be reduced by the entire proportionate weekly amount of the pension or other payment if neither paragraph (a) or (b) applies.
3. The amount of the weekly benefit payable to a claimant must not be reduced by the pension offset in subsection 2 if the services performed by the claimant during the base period, or the compensation he received for those services, from that employer did not affect the claimants eligibility for, or increase the amount of, the pension or other payment, except for a pension paid pursuant to the Social Security Act or Railroad Retirement Act of 1974 (or the corresponding provisions of prior law), which is not eligible for the exclusion provided in this subsection and is subject to the offset provisions of subsection 2.
Sec. 2. NRS 612.377 is hereby amended to read as follows:
612.377 As used in NRS 612.377 to 612.3786, inclusive, unless the context clearly requires otherwise:
1. Extended benefit period means a period which begins with the third week after a week for which there is a Nevada on indicator and ends with the third week after the first week for which there is a Nevada off indicator or the 13th consecutive week after it began, except that no extended benefit period may begin by reason of a Nevada on indicator before the 14th week following the end of a prior extended benefit period which was in effect for Nevada.
2. There is a Nevada on indicator for a week if the executive director determines, in accordance with the regulations of the Secretary of Labor, that for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted) under NRS 612.377 to 612.3786, inclusive:
(a) Equaled or exceeded 120 percent of the average of [such] those rates for the corresponding 13-week period ending in each of the preceding 2 calendar years and equaled or exceeded 5 percent; or
(b) Equaled or exceeded 6 percent.
κ1985 Statutes of Nevada, Page 162 (CHAPTER 79, SB 79)κ
3. There is a Nevada off indicator for a week if the executive director determines, in accordance with the regulations of the Secretary of Labor, that for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment in Nevada (not seasonally adjusted):
(a) Was less than 120 percent of the average of [such] those rates for the corresponding 13-week period ending in each of the preceding 2 calendar years; [and] or
(b) Was less than [6] 5 percent.
4. Rate of insured unemployment, for purposes of subsections 2 and 3, means the percentage derived by dividing the average weekly number of persons filing claims in this state for the weeks of unemployment for the most recent [13-consecutive-week] period [,] of 13 consecutive weeks, as determined by the executive director on the basis of his reports to the Secretary of Labor using the average monthly employment covered under this chapter as determined by the executive director and recorded in departmental records for the first four of the most recent six completed calendar quarters ending before the end of the 13-week period.
5. Regular benefits means benefits payable to a person under this chapter or under any other state law (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. § 8501 et seq.) other than extended benefits.
6. Extended benefits means benefits (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. § 8501 et seq.) payable to a person under the provisions of NRS 612.377 to 612.3786, inclusive, for the weeks of unemployment in his eligibility period.
7. Additional benefits means benefits payable to exhaustees by reason of conditions of high unemployment or by reason of other special factors under the provisions of any state law. Any person who is entitled to both additional and extended benefits for the same week must be given the choice of electing which type of benefit to claim regardless of whether his rights to additional and extended benefits arise under the law of the same state or different states.
8. Eligibility period of a person means the period consisting of the weeks in his benefit year under this chapter which begin in an extended benefit period and, if his benefit year ends within the extended benefit period, any weeks thereafter which begin in that period.
9. Exhaustee means a person who, with respect to any week of employment in his eligibility period:
(a) Has received, before that week, all of the regular, seasonal or nonseasonal benefits that were available to him under this chapter or any other state law (including augmented weekly benefits for dependents and benefits payable to federal civilian employees and ex-servicemen under 5 U.S.C. § 8501 et seq.) in his current benefit year which includes that week, except that, for the purposes of this paragraph, a person shall be deemed to have received all of the regular benefits that were available to him, although as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in his benefit year, he may subsequently be determined to be entitled to added regular benefits; or
κ1985 Statutes of Nevada, Page 163 (CHAPTER 79, SB 79)κ
person shall be deemed to have received all of the regular benefits that were available to him, although as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in his benefit year, he may subsequently be determined to be entitled to added regular benefits; or
(b) His benefit year having expired prior to that week, has no, or insufficient, wages on the basis of which he could establish a new benefit year which would include that week,
and has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, 45 U.S.C. § 351 et seq., the Trade Expansion Act of 1962, 19 U.S.C. § 1801 et seq., the Automotive Products Trade Act of 1965, 19 U.S.C. § 2001 et seq. and such other federal laws as are specified in regulations issued by the Secretary of Labor, and has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada. If he is seeking such benefits and the appropriate agency finally determines that he is not entitled to benefits under that law he is considered an exhaustee.
10. State law means the unemployment insurance law of any state, approved by the Secretary of Labor under Section 3304 of the Internal Revenue Code of 1954.
Sec. 3. NRS 612.378 is hereby amended to read as follows:
612.378 1. The total extended benefit amount payable to any eligible person for his applicable benefit year is the lesser of the following amounts:
[1.] (a) Fifty percent of the basic benefits which were payable to him in his benefit year. If the amount computed is not a multiple of $1, it must be computed to the next lower multiple of $1.
[2.] (b) Thirteen times his average weekly benefit amount which was payable to him under this chapter for a week of total unemployment in the applicable benefit year. If the amount computed is not a multiple of $1, it must be computed to the next lower multiple of $1.
2. If the benefit year of any person ends within an extended benefit period, the remaining balance of extended benefits that he would, but for this subsection, be entitled to receive in that period, with respect to weeks of unemployment beginning after the end of the benefit year, must be reduced by the product of the number of weeks for which he received any amounts as trade readjustment allowances pursuant to 19 U.S.C. § 2291 within that benefit year, multiplied by his weekly benefit amount of extended benefits, but the balance must not be reduced below zero.
Sec. 4. NRS 612.380 is hereby amended to read as follows:
612.380 [A] 1. Except as provided in subsection 2, a person is ineligible for benefits for the week in which he has voluntarily left his last or next to last employment:
[1.] (a) Without good cause, if so found by the executive director, and until he earns remuneration in covered employment equal to or exceeding his weekly benefit amount in each of 10 weeks.
κ1985 Statutes of Nevada, Page 164 (CHAPTER 79, SB 79)κ
[2.] (b) To seek better employment and for all subsequent weeks until he secures better employment or until he earns remuneration in covered employment equal to or exceeding his weekly benefit amount in each of 10 weeks, if so found by the executive director.
2. A person is not ineligible for benefits solely because he left employment which was not suitable to enter training approved pursuant to 19 U.S.C. § 2296.
3. As used in subsection 2, employment is suitable if the work is of a substantially equal or higher level of skill than the persons past adversely affected employment, and the wages are not less than 80 percent of his average weekly wage at his past adversely affected employment.
Sec. 5. This act becomes effective upon passage and approval.
________
Assembly Bill No. 36Committee on Judiciary
CHAPTER 80
AN ACT relating to statutes; ratifying technical corrections made to various chapters of NRS and to multiple amendments of sections of NRS; correcting the effective date of and repealing certain related provisions in Statutes of Nevada 1983; and providing other matters properly relating thereto.
[Approved April 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. Section 1 of chapter 26, Statutes of Nevada 1983, at page 108, is hereby amended to read as follows:
Section 1. NRS 1.440 is hereby amended to read as follows:
1.440 1. The commission on judicial discipline has exclusive jurisdiction over the censure, removal and involuntary retirement of justices of the peace and judges of municipal courts which is coextensive with its jurisdiction over justices of the supreme court and judges of the district courts and [shall] must be exercised in the same manner and under the same rules.
2. The supreme court may appoint two justices of the peace or municipal [court] judges to sit on the commission for proceedings against a justice of the peace or municipal [court] judge, respectively. Justices or judges so appointed [shall] must be designated by an order of the supreme court to sit for such proceedings in place of and to serve for the same terms as the regular members of the commission appointed by the supreme court.
2. Section 24 of chapter 26, Statutes of Nevada 1983, at page 121, is hereby repealed.
Sec. 2. Section 6 of chapter 47, Statutes of Nevada 1983, at page 196, is hereby amended to read as follows:
κ1985 Statutes of Nevada, Page 165 (CHAPTER 80, AB 36)κ
Sec. 6. Any heir, devisee, legatee, creditor or other person interested may petition for the reopening of the estate upon the grounds provided in NRS 151.240. The petition must set forth the names of all heirs, devisees, legatees and creditors and their address, if known. If the address is unknown to the petitioner, he shall state that fact in the petition. Where an address is unknown, notice must be served as provided in the Nevada Rules of Civil Procedure.
Sec. 3. Section 10 of chapter 106, Statutes of Nevada 1983, at page 283, is hereby amended to read as follows:
Sec. 10. NRS 372.150, 372.152, 372.515, 372.600, 372.605, 372.610, 372.615, 374.155, 374.157, 374.520, 374.605, 374.610, 374.615 and 374.620 are hereby repealed.
Sec. 4. Section 2 of chapter 122, Statutes of Nevada 1983, at page 308, is hereby amended to read as follows:
Sec. 2. Section 7 of chapter 60, Statutes of Nevada 1983, is hereby amended to read as follows:
Sec. 7. 1. This section and sections 1, 3 and 6 of this act shall become effective upon passage and approval.
2. Section 4 of this act shall become effective at 12:01 a.m. on July 1, [1983.] 1985.
3. Sections 2 and 5 of this act shall become effective on July 1, 1986.
[4. Sections 1 and 4 of this act expire by limitation on July 1, 1986.]
Sec. 5. 1. Sections 1 and 2 of chapter 151, Statutes of Nevada 1983, at pages 346 and 347, respectively, are hereby amended to read respectively as follows:
Section 1. NRS 294A.010 is hereby amended to read as follows:
294A.010 1. Every candidate for state, district, county, city or township office at a primary or general election shall, not later than:
(a) Fifteen days [after the primary election if the candidate wins or 30 days after the primary election if he loses, for the period from January 1 of the year of the election up to] before the primary election, for the period from the last election for that office up to 20 days before the primary election;
(b) Fifteen days before the general election, whether or not the candidate won the primary election, for the period from 20 days before the primary election up to 20 days before the general election; and
(c) Thirty days after the general election, for the remaining period up to the general election,
report the total amount of his campaign contributions on affidavit forms designed and provided by the secretary of state.
κ1985 Statutes of Nevada, Page 166 (CHAPTER 80, AB 36)κ
2. Except as provided in subsection 3, every candidate for a district office at a special election shall, not later than:
(a) Fifteen days before the special election, for the period from his nomination up to 20 days before the special election; and
(b) Thirty days after the special election, for the remaining period up to the special election,
report the total amount of his campaign contributions on affidavit forms designed and provided by the secretary of state.
3. Every candidate for state, district, county, city or township office at a special election to determine whether a public officer shall be recalled shall report the total amount of his campaign contributions on affidavit forms designed and provided by the secretary of state 30 days after the special election, for the period from the filing of the notice of intent to circulate the recall petition up to the special election.
4. Reports of campaign contributions must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. Every county clerk who receives from candidates for legislative or judicial office , except the office of justice of the peace or municipal judge, reports of campaign contributions pursuant to subsection 2 shall file a copy of each report with the secretary of state.
6. Each contribution, whether from a natural person, association or corporation, in excess of $500, and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the first reporting period, must be separately identified with the name and address of the contributor and the date of the contribution [,] or contributions, tabulated and reported on the affidavit report form provided by the secretary of state.
7. Any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 2. NRS 294A.020 is hereby amended to read as follows:
294A.020 1. Every candidate for state, district, county, city or township office at a primary or general election shall, not later than:
(a) Fifteen days [after the primary election if the candidate wins or 30 days after the primary election if he loses, for the period from January 1 of the year of the election up to] before the primary election, for the period from the last election for that office up to 20 days before the primary election;
(b) Fifteen days before the general election, whether or not the candidate won the primary election, for the period from 20 days before the primary election up to 20 days before the general election; and
κ1985 Statutes of Nevada, Page 167 (CHAPTER 80, AB 36)κ
(c) Thirty days after the general election, for the remaining period up to the general election,
report his campaign expenses on affidavit forms designed and provided by the secretary of state.
2. Except as provided in subsection 3, every candidate for a district office at a special election shall, not later than:
(a) Fifteen days before the special election, for the period from his nomination up to 20 days before the special election; and
(b) Thirty days after the special election, for the remaining period up to the special election,
report his campaign expenses on affidavit forms designed and provided by the secretary of state.
3. Every candidate for state, district, county, city or township office at a special election to determine whether a public officer shall be recalled shall report his campaign expenses on affidavit forms designed and provided by the secretary of state 30 days after the special election, for the period from the filing of the notice of intent to circulate the recall petition up to the special election.
4. Reports of campaign expenses must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail the report to that officer by certified mail. If certified mail is used, the date of mailing shall be deemed the date of filing.
5. County clerks who receive from candidates for legislative or judicial office , except the office of justice of the peace or municipal judge, reports of campaign expenses pursuant to subsection 2 shall file a copy of each report with the secretary of state.
6. Any candidate who willfully violates any of the provisions of this section is guilty of a gross misdemeanor.
Sec. 6. Chapter 169, Statutes of Nevada 1983, at page 386, is hereby amended by adding thereto a new section to be designated as section 40.5, immediately following section 40, to read as follows:
Sec. 40.5. NRS 583.555 is hereby amended to read as follows:
583.555 1. Costs of inspection of official establishments during regular working hours shall be borne by the health division of the department of human resources. The cost of any overtime or holiday work shall be borne by the official establishment inspected. The officer shall collect the official establishments share of the costs of inspection . [and deposit the same in the meat inspection working capital fund account.]
2. Inspectors shall be paid by the health division of the department of human resources.
3. In order that inspectors may be efficiently utilized the officer may establish a mandatory schedule of killing days for official establishments in any area of the state as long as such schedule conforms with the reasonable needs of the official establishments and has received the prior approval of the health division of the department of human resources.
κ1985 Statutes of Nevada, Page 168 (CHAPTER 80, AB 36)κ
and has received the prior approval of the health division of the department of human resources. If such a schedule is established:
(a) Inspection provided on a nonscheduled day is overtime work within the meaning of subsection 1.
(b) It shall be exclusively used for the inspection of the actual slaughtering operations of the official establishments.
Sec. 7. Section 5 of chapter 218, Statutes of Nevada 1983, at page 511, is hereby amended to read as follows:
Sec. 5. NRS 453.348 is hereby amended to read as follows:
453.348 In any proceeding brought under NRS 453.316, 453.321, 453.337, 453.338 , [or] 453.401 [,] or section 3 of this act, any previous convictions of the offender for a felony relating to controlled substances must be alleged in the indictment or information charging the primary offense, but the conviction may not be alluded to on the trial of the primary offense nor may any evidence of the previous offense be produced in the presence of the jury except as otherwise prescribed by law. If the offender pleads guilty to or is convicted of the primary offense but denies any previous conviction charged, the court shall determine the issue after hearing all relevant evidence. A certified copy of a conviction of a felony is prima facie evidence of the conviction.
Sec. 8. Section 4 of chapter 262, Statutes of Nevada 1983, at page 614, is hereby amended to read as follows:
Sec. 4. Section 2 of this act shall become effective on July 1, 1985.
Sec. 9. Section 80 of chapter 264, Statutes of Nevada 1983, at page 642, is hereby repealed.
Sec. 10. Section 67 of chapter 325, Statutes of Nevada 1983, at page 798, is hereby amended to read as follows:
Sec. 67. NRS 489.821 is hereby amended to read as follows:
489.821 1. A person is guilty of a gross misdemeanor who knowingly:
(a) Makes any false entry on any certificate of origin or certificate of ownership.
(b) Furnishes false information to the division concerning any security interest.
(c) Files with the administrator any notice, statement or other document required under the provisions of this chapter which is false or contains any material misstatement of fact.
(d) Whether acting individually or as a director, officer or agent of a corporation, violates a provision of the National [Mobile Home] Manufactured Housing Construction and Safety Standards Act (42 U.S.C. §§ 5401 et seq.), causing a condition which endangers the health or safety of a purchaser of a [mobile home or commercial coach.] manufactured home.
2. A dealer is guilty of a gross misdemeanor who knowingly:
(a) Fails to maintain a trust account as required by section 2 of [this act.]
κ1985 Statutes of Nevada, Page 169 (CHAPTER 80, AB 36)κ
[this act.] Assembly Bill No. 329 of the 62nd session of the legislature.
(b) Commingles the money or other property of a seller or purchaser of a manufactured home or a mobile home with his own.
3. Except as provided in subsections 1 , 2 and 4 of this section, any person who knowingly or willfully violates any of the provisions of this chapter is guilty of a misdemeanor.
4. Subsection 3 does not apply to a manufacturer of travel trailers.
Sec. 11. Chapter 346, Statutes of Nevada 1983, at page 832, is hereby amended by adding thereto a new section to be designated as section 19.5, immediately following section 19, to read as follows:
Sec. 19.5. NRS 585.200 is hereby amended to read as follows:
585.200 The [state health officer] administrator of the health division of the department of human resources shall designate and appoint, for the enforcement of this chapter, a commissioner and such other agents as he may deem necessary.
Sec. 12. Section 3 of chapter 383, Statutes of Nevada 1983, at page 922, is hereby amended to read as follows:
Sec. 3. NRS 453.301 is hereby amended to read as follows:
453.301 The following are subject to forfeiture:
1. All controlled substances which have been manufactured, distributed, dispensed or acquired in violation of the provisions of NRS 453.011 to 453.551, inclusive.
2. All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance in violation of the provisions of NRS 453.011 to 453.551, inclusive.
3. All property which is used, or intended for use, as a container for property described in subsections 1 and 2.
4. All books, records and research products and materials, including formulas, microfilm, tapes and data, which are used, or intended for use, in violation of the provisions of NRS 453.011 to 453.551, inclusive.
5. All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, concealment, manufacture or protection, for the purpose of sale, possession for sale or receipt of property described in [subsections] subsection 1 or 2, except that:
(a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of the provisions of NRS 453.011 to 453.551, inclusive;
(b) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent;
κ1985 Statutes of Nevada, Page 170 (CHAPTER 80, AB 36)κ
(c) A conveyance is not subject to forfeiture for a violation of NRS 453.336 unless more than 1 kilogram of marihuana was in the conveyance; and
(d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act or omission. If a conveyance is forfeited the appropriate law enforcement agency may pay off the existing balance and retain the conveyance for official use.
No person, other than the holder of a community property interest, whose name or interest does not appear on the certificate of registration or title for the conveyance is a proper party to any forfeiture proceeding pursuant to this subsection.
6. All drug paraphernalia as defined by NRS 453.554 which are used in violation of NRS 453.560, 453.562 or 453.566 or of an injunction issued pursuant to NRS 453.558.
7. All imitation controlled substances which have been manufactured, distributed or dispensed in violation of the provisions of section 1 of this act.
8. Except as provided in this subsection, everything of value furnished or intended to be furnished in exchange for a controlled substance in violation of the provisions of NRS 453.011 to 453.551, inclusive, all proceeds traceable to such an exchange, and all money, negotiable instruments and securities used or intended to be used to facilitate a violation of the provisions of NRS 453.011 to 453.551, inclusive. No persons interest in property may be forfeited pursuant to this subsection by reason of any act or omission which he establishes was committed or omitted without his knowledge or consent. If an amount of cash which exceeds $300 is found in the possession of a person who is arrested for a violation of NRS 453.337 or 453.338, then there is a rebuttable presumption that the cash is traceable to an exchange for a controlled substance and is subject to forfeiture pursuant to this subsection.
Sec. 13. Sections 1, 23, 39, 49 and 51 of chapter 401, Statutes of Nevada 1983, at pages 977, 981, 989 and 995, respectively, are hereby amended to read respectively as follows:
Section 1. Title 10 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 54.5, inclusive, of this act.
Sec. 23. If a time-share project has not been completed before the issuance of a permit to sell time shares, the permit must state the estimated date of completion and:
1. The developer shall deliver to the agency a bond in an amount and upon terms approved by the division to assure completion of the time-share project free of any liens, which is payable to the division for the benefit of the purchasers of the time-share property and which remains in effect until the time-share project is completed free of all liens;
κ1985 Statutes of Nevada, Page 171 (CHAPTER 80, AB 36)κ
the division for the benefit of the purchasers of the time-share property and which remains in effect until the time-share project is completed free of all liens;
2. A cash deposit to cover the estimated costs of completing the time-share project must be deposited with an escrow agent under an agreement which is approved by the division; or
3. Any other arrangement which is approved by the division.
Sec. 39. 1. A developer or an affiliate of the developer shall provide for the management of the plan and the project, by a written agreement with the time-share owners. The initial term of the agreement must expire upon the first annual meeting of the members of the association or at the end of 5 years, whichever comes first. All succeeding terms of the agreement must be renewed annually unless the manager or a majority of the owners, excluding the developer, notify the manager of their refusal to renew the agreement.
2. The agreement must provide that:
(a) The manager or a majority of the owners may terminate the agreement for cause.
(b) The resignation of the manager will not be accepted until 90 days after receipt by the owners of the written resignation.
(c) A fidelity bond must be delivered by the manager to the association.
3. Except as provided in this subsection, if the developer retains a reversionary interest in the time-share project, the parties to such an agreement must include the developer, the manager and the association. In addition to the provisions required in subsections 1 and 2, the agreement must provide:
(a) That the project will be maintained in good condition. Except as provided in this paragraph, any defect which is not cured within 10 days after notification by the developer may be cured by him. In an emergency situation, notice is not required. The association must repay the developer for any cost of the repairs plus the legal rate of interest. Each owner must be assessed for his share of the cost of repairs.
(b) That, if any dispute arises between the developer and the manager or association, either party may request from the American Arbitration Association a list of seven potential factfinders from which one must be chosen to settle the dispute. The agreement must provide for the method of selecting one factfinder from this list.
(c) For collection of assessments from the owners to pay obligations which may be due to the developer for breach of the covenant to maintain the premises in good condition and repair.
If the developer, after his request to be included, is not made a party to this agreement, he shall be considered to be a third-party beneficiary of such an agreement.
Sec. 49. 1. The district court in the county in which a hearing is to be held may compel the attendance of witnesses, the giving of testimony and the production of books and papers as requested by any subpena issued by the administrator.
κ1985 Statutes of Nevada, Page 172 (CHAPTER 80, AB 36)κ
testimony and the production of books and papers as requested by any subpena issued by the administrator.
2. If a witness refuses to attend, testify or produce any papers required by a subpena, the administrator may report to the district court in the county in which the hearing is pending by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) The witness has been subpenaed in the manner prescribed in this chapter; and
(c) The witness has failed and refused to attend or produce the papers required by subpena before the administrator in the cause or proceeding named in the subpena or has refused to answer questions propounded to him in the course of the hearing,
and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the administrator.
3. The court, upon petition of the administrator, may enter an order directing the witness to appear before the court at a time and place to be fixed by the court in the order. The time fixed must not be more than 10 days after the date of the order. The order must command the respondent to show cause why he has not attended, testified or produced the books or papers before the administrator. A certified copy of the order must be served upon the witness. If it appears to the court that the subpena was regularly issued by the administrator, the court may enter an order that the witness appear before the administrator at the time and place fixed in the order and testify or produce the required books or papers. If the witness fails or refuses to obey the order, the witness may be held in contempt of court.
Sec. 51. Any person who willfully submits, in the application for a permit to sell time shares, any materially false or misleading information or fails to submit an annual report on a program for the exchange of occupancy rights among time-share owners or with the owners of time shares in other time-share properties, or both, is guilty of a misdemeanor.
Sec. 14. Section 2 of chapter 411, Statutes of Nevada 1983, at page 1026, is hereby amended to read as follows:
Sec. 2. The administrator may appoint advocates for residents of facilities for long-term care, who are within the aging services division and are in the classified service of the state. Such an advocate shall, under direction of the administrator:
1. Receive, investigate and attempt to resolve complaints made by or on behalf of residents of facilities for long-term care.
2. Investigate acts, practices, policies or procedures of any facility for long-term care or any governmental agency which relates to such care and may adversely affect the health, safety, welfare or civil rights of residents of such facilities, and report the results of the investigations to the administrator.
κ1985 Statutes of Nevada, Page 173 (CHAPTER 80, AB 36)κ
3. Record and analyze information and complaints about facilities for long-term care to identify problems affecting their residents.
4. Coordinate services within the department which may affect residents and prospective residents of facilities for long-term care to ensure that such services are made available to eligible persons.
5. Recommend and review policies, legislation and regulations, both in effect and proposed, which affect facilities for long-term care.
6. Upon request, advise and assist the governor, the legislature and public and private groups in formulating and putting into effect policies which affect facilities for long-term care and their residents.
7. Provide information to interested persons and to the general public concerning his functions and activities.
8. Report annually to the administrator.
Sec. 15. Section 1 of chapter 421, Statutes of Nevada 1983, at page 1044, is hereby amended to read as follows:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto a new section which shall read as follows:
On or after July 1, 1985:
1. An employee of the State of Nevada who is required to purchase and wear a uniform while performing his duties is entitled to receive from his employer each quarter an allowance which is equal to one-fourth of the cost of the uniform he is required to wear, including the cost of any required accessories such as a flashlight, gun or whistle. The employer shall determine the cost of the required uniform and accessories at the beginning of each quarter and determine the allowance accordingly.
2. In addition to the quarterly allowance, a person who:
(a) Is hired by the State of Nevada for a position; or
(b) Assumes a position which is new to that person,
for which he is required to purchase and wear a uniform is entitled to an initial reimbursement for the cost of one uniform and any required accessories.
3. An employer must obtain the prior approval of the budget division of the department of administration before designating a uniform to be worn by an employee pursuant to subsection 1.
Sec. 16. Section 11 of chapter 425, Statutes of Nevada 1983, at page 1056, is hereby amended to read as follows:
Sec. 11. NRS 354.621 is hereby amended to read as follows:
354.621 Any ending balance of the general or a special revenue fund, other than those established solely for the purpose of administering federal, state or private grants in aid, which exceeds the sum of the money appropriated for the opening balance of that fund for the succeeding fiscal year and one-twelfth of the expenditures from that fund for the fiscal year just ended may only be used to augment the appropriations of the succeeding year upon the favorable vote of a majority of the members of the governing body and upon the consent of the executive director of the department of taxation.
κ1985 Statutes of Nevada, Page 174 (CHAPTER 80, AB 36)κ
vote of a majority of the members of the governing body and upon the consent of the executive director of the department of taxation. The executive director shall not approve such an application for augmentation unless it is for the sole purpose of replacing an identifiable appropriation for a specified purpose which lapsed at the end of the preceding fiscal year and which has not been reappropriated in the year in which the augmentation is to become effective . [, except where the conditions prescribed in NRS 354.5986 for a temporary exemption exist.] The local government may appeal the decision of the executive director to the [interim legislative committee on local governmental finance,] Nevada tax commission, whose decision is final. If the executive director or the [committee] tax commission approves the augmentation, it must make written findings of the facts supporting its action.
Sec. 17. Section 8 of chapter 428, Statutes of Nevada 1983, at page 1093, is hereby repealed.
Sec. 18. 1. Sections 6 and 30 of chapter 452, Statutes of Nevada 1983, at pages 1162 and 1169, respectively, are hereby amended to read respectively as follows:
Sec. 6. The commission on tourism:
1. Shall establish the policies and approve the programs and budgets of the division of tourism and division of publications concerning:
(a) The promotion of tourism and travel in this state; and
(b) The publication of Nevada Magazine and other promotional material.
2. May adopt regulations to administer and carry out the policies and programs of those divisions.
3. May from time to time create special advisory committees to advise it on special problems of tourism. Members of special advisory committees, other than members of the commission, may be paid the per diem allowance and travel expenses provided by law, as the budget of the commission permits.
Sec. 30. NRS 231.110 is hereby amended to read as follows:
231.110 1. [Subject to the provisions of chapter 284 of NRS, the] The executive director of the commission on economic development shall appoint such professional, technical, clerical and operational [staff] employees as the execution of his duties and the operation of the [department] commission may require.
2. [Each employee of the department who is in the unclassified service of the state 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.] The executive director and all other nonclerical employees of the commission are in the unclassified service of the state.
3. The clerical employees of the commission are in the classified service of the state.
κ1985 Statutes of Nevada, Page 175 (CHAPTER 80, AB 36)κ
2. Chapter 452, Statutes of Nevada 1983, at page 1161, is hereby amended by adding thereto a new section to be designated as section 34.9, immediately following section 34.8, to read as follows:
Sec. 34.9. NRS 612.265 is hereby amended to read as follows:
612.265 1. Except as otherwise provided in this section, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the persons or employing units identity.
2. Any claimant (or his legal representative) is entitled to information from the records of the employment security department, to the extent necessary for the proper presentation of his claim in any proceeding under this chapter.
3. Subject to such restrictions as the executive director may by regulation prescribe, such information may be made available to any agency of this or any other state, or any federal agency, charged with the administration or enforcement of an unemployment compensation law, public assistance law, workmans compensation or labor law, or the maintenance of a system of public employment offices, or any state or local agency for the enforcement of child support, or the Internal Revenue Service of the Department of the Treasury. Information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.
4. The executive director may provide information on the names of employers, their geographic locations, their type or class of business or industry, and the approximate number of employees employed by each employer, to the [department of] commission on economic development for its use in developing and diversifying the economic interests of this state.
5. Upon request therefor the executive director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipients rights to further benefits under this chapter.
6. The executive director may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Internal Revenue Code of 1954.
κ1985 Statutes of Nevada, Page 176 (CHAPTER 80, AB 36)κ
7. If any employee or member of the board of review or the executive director or any employee of the executive director, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits, under this chapter, uses or permits the use of the list for any political purpose, he is guilty of a misdemeanor.
8. All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the employment security department or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.
Sec. 19. Section 15 of chapter 455, Statutes of Nevada 1983, at page 1203, is hereby amended to read as follows:
Sec. 15. Sections 2 and 3.7 of this act shall become effective at 12:01 a.m. on July 1, 1983.
Sec. 20. Sections 11 and 12 of chapter 484, Statutes of Nevada 1983, at page 1304, are hereby amended to read respectively as follows:
Sec. 11. NRS 382.060 is hereby amended to read as follows:
382.060 The Nevada historical society shall preserve all old and obsolete property and obsolete and noncurrent public records presented to it by the state librarian from the division of [state, county and municipal] archives and records of the Nevada state library.
Sec. 12. NRS 412.052 is hereby amended to read as follows:
412.052 The adjutant general shall:
1. Supervise the preparation and submission of all returns and reports pertaining to the militia of the state required by the United States.
2. Be the channel of official military correspondence with the governor, and, on or before November 1 of each even-numbered year, report to the governor the transactions, expenditures and condition of the Nevada National Guard. The report must include the report of the United States Property and Fiscal Officer.
3. Be the custodian of records of officers and enlisted personnel and all other records and papers required by law or regulations to be filed in his office. He may deposit with the division of [state, county and municipal] archives and records of the Nevada state library for safekeeping records of his office that are used for historical purposes rather than the administrative purposes assigned to his office by law.
4. Attest all military commissions issued and keep a roll of all commissioned officers, with dates of commission and all changes occurring in the commissioned forces.
κ1985 Statutes of Nevada, Page 177 (CHAPTER 80, AB 36)κ
commissioned officers, with dates of commission and all changes occurring in the commissioned forces.
5. Record, authenticate and communicate to units and members of the militia all orders, instructions and regulations.
6. Cause to be procured, printed and circulated to those concerned all books, blank forms, laws, regulations or other publications governing the militia needful to the proper administration, operation and training of it or to carry into effect the provisions of this chapter.
7. Have an appropriate seal of office and affix its impression to all certificates of record issued from his office.
8. Render such professional aid and assistance and perform such military duties, not otherwise assigned, as may be ordered by the governor.
9. In time of peace, perform the duties of quartermaster general and chief of ordnance.
Sec. 21. 1. Sections 12, 13 and 14 of chapter 490, Statutes of Nevada 1983, at page 1320, are hereby amended to read respectively as follows:
Sec. 12. NRS 645B.050 is hereby amended to read as follows:
645B.050 1. A mortgage companys license expires June 30 next after the date of issuance if it is not renewed. A license may be renewed by filing an application for renewal and paying the annual fee for a license for the succeeding year. The application and payment must be received by the administrator on or before June 30 next preceding the expiration date. If the application or payment is not received by June 30, the license is canceled. The administrator may reinstate the license if the licensee pays the filing fee and a reinstatement fee of $200.
2. The administrator shall require a licensee to deliver a financial statement prepared from his books and records by a public accountant who is certified or registered in this state. The financial statement must be dated not earlier than the close of the latest fiscal year of the company and must be submitted within 60 days thereafter.
3. The filing fees are:
(a) For filing an original application, $200 for the principal office and [$75] $40 for each branch office.
[(b) For filing an original application from April 1 to June 30, inclusive, $100 for the principal office of a mortgage company.
(c) For filing an application for a copy of any license, upon satisfactory showing of its loss, $10.
(d)] The applicant shall also pay such additional expenses incurred in the process of investigation as the administrator deems necessary. All money received by the administrator pursuant to this paragraph must be placed in the investigative fund created by section 1 of this act.
κ1985 Statutes of Nevada, Page 178 (CHAPTER 80, AB 36)κ
(b) If the license is approved for issuance, $300 for the principal office and $60 for each branch office before issuance.
(c) For filing an application for renewal, $500.
(d) For filing an application for a duplicate copy of any license, upon satisfactory showing of its loss, $10.
4. Except as otherwise provided in this chapter, all fees received under this chapter must be deposited in the state treasury for credit to the state general fund.
Sec. 13. NRS 649.125 is hereby amended to read as follows:
649.125 Upon receiving an application for a license and bond in proper form along with payment of the required [investigation] fee, the administrator shall investigate all the facts stated in the application and the requirements of NRS 649.135.
Sec. 14. NRS 649.295 is hereby amended to read as follows:
649.295 1. A nonrefundable [investigation fee of $100] fee of $250 for the application and survey must accompany each new application for a collection agency license. The applicant shall also pay such additional expenses incurred in the process of investigation as the administrator deems necessary. All money received by the administrator pursuant to this subsection must be placed in the investigative fund created by section 1 of this act.
2. A fee of [$300 must be charged for each collection agency license issued and $150] not less than $100 nor more than $300, prorated on the basis of the licensing year as provided by the administrator, must be charged for each original collection agency license issued. A fee of $200 must be charged for each annual renewal of such a license.
3. A fee of $10 must be charged for each duplicate or location transfer license issued.
4. A nonrefundable investigation fee of $75 must accompany each application for a managers certificate unless the applicant is the holder of or an applicant for a collection agency license.
5. A fee of $20 must be charged for each managers certificate issued and for each annual renewal of such a certificate.
6. A fee of $30 must be charged for the reinstatement of a managers certificate.
7. A fee of $5 must be charged for each day an application for the renewal of a license or certificate, or a required report, is filed late, unless the fee or portion thereof is excused by the administrator for good cause shown.
8. For each examination the administrator shall charge and collect from the licensee a reasonable fee for each man-hour expended in conducting the examination and in preparing and typing the report of the examination . [report, but the total fee must not exceed $800 for any regular examination or investigation unless some irregularity is disclosed during the course of the regular examination warranting special or additional investigation or examination.
κ1985 Statutes of Nevada, Page 179 (CHAPTER 80, AB 36)κ
examination warranting special or additional investigation or examination. If such an irregularity is disclosed, the licensee shall pay for the additional investigation required by reason of the irregularity at a reasonable rate for each man-hour so required.]
9. [All] Except as otherwise provided in subsection 1, all money received by the administrator under this chapter must be deposited in the state treasury for credit to [the appropriate account within] the state general fund . [, for use of the division of financial institutions to carry out the provisions of this chapter. At the end of each fiscal year, any remaining balance lapses within the state general fund.]
2. Sections 28 and 30 of chapter 490, Statutes of Nevada 1983, at pages 1328 and 1329, respectively, are hereby amended to read respectively as follows:
Sec. 28. NRS 678.260 is hereby amended to read as follows:
678.260 The 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] Except as otherwise provided in NRS 678.800 and 678.810, 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 financial institutions 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 state general fund.
5. Prepare copies of articles of incorporation and bylaws consistent with the provisions of this chapter which may be used by persons interested in organizing a credit union.
Sec. 30. NRS 678.800 is hereby amended to read as follows:
678.800 1. Any credit union may, with the approval of the 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:
(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:
κ1985 Statutes of Nevada, Page 180 (CHAPTER 80, AB 36)κ
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 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. If the surviving credit union is to be a credit union chartered under the laws of this state, the application for approval of the merger must be accompanied by an application fee in an amount prescribed by regulation of the administrator. The applicant shall also pay such additional expenses incurred in the process of investigation as the administrator deems necessary. All money received by the administrator pursuant to this subsection must be placed in the investigation fund created by section 1 of this act.
6. The 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.] 7. 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.
3. Section 33 of chapter 490, Statutes of Nevada 1983, at page 1330, is hereby amended to read as follows:
Sec. 33. 1. Sections 13, 14, 16 and 32 of this act shall become effective at 12:01 a.m. on July 1, 1983.
2. Sections 12, 28 and 30 of this act shall become effective at 12:02 a.m. on July 1, 1983.
κ1985 Statutes of Nevada, Page 181 (CHAPTER 80, AB 36)κ
Sec. 22. 1. Section 5.5 of chapter 492, Statutes of Nevada 1983, at page 1333, is hereby amended to read as follows:
Sec. 5.5. 1. Section 2 of chapter 247, Statutes of Nevada 1983, is hereby amended to read as follows:
Sec. 2. NRS 463.013 is hereby amended to read as follows:
463.013 As used in this chapter, the words and terms defined in NRS 463.0134 to 463.0197, inclusive, [and] section 2 of [this act,] Senate Bill No. 445 of this session, and section 1 of this act, unless the context otherwise requires, have the meanings ascribed to them in those sections.
2. Section 3 of chapter 247, Statutes of Nevada 1983, is hereby amended to read as follows:
Sec. 3. [This] 1. Section 1 of this act shall become effective on January 1, 1984.
2. Section 2 of this act shall become effective at 12:01 a.m. on January 1, 1984.
2. Section 7 of chapter 492, Statutes of Nevada 1983, at page 1334, is hereby amended to read as follows:
Sec. 7. Section 2 of chapter 60, Statutes of Nevada 1983, is hereby amended to read as follows:
Sec. 2. NRS 463.270 is hereby amended to read as follows:
463.270 1. Subject to the power of the commission to deny, revoke, suspend, condition or limit licenses, any state license in force may be renewed by the commission for the next succeeding license period upon proper application for renewal and payment of state license fees and taxes as required by law and the regulations of the commission.
2. All state gaming licenses are subject to renewal on the 1st day of each January and all quarterly state gaming licenses on the 1st day of each calendar quarter thereafter.
3. Application for renewal must be filed with the commission and all state license fees and taxes required by law, including without limitation NRS 463.370, 463.373 to 463.385, inclusive, 463.401, 463.660 and 464.040, and section 3 of [this act,] chapter 492, Statutes of Nevada 1983, must be paid to the commission on or before the dates respectively provided by law for each fee or tax.
4. Application for renewal of licenses for slot machines only must be made by the operators of the locations where such machines are situated.
5. Any person failing to pay any state license fees or taxes due at the times respectively provided shall pay in addition to such license fees or taxes a penalty of not less than $50 or 25 percent of the amount due, whichever is the greater, but in no case in excess of $1,000.
κ1985 Statutes of Nevada, Page 182 (CHAPTER 80, AB 36)κ
case in excess of $1,000. The penalty must be collected as are other charges, license fees and penalties under this chapter.
6. Upon renewal of any state license, the commission shall issue an appropriate renewal certificate or validating device or sticker, which must be attached to each state gaming license so renewed.
7. Any person who operates, carries on or exposes for play any gambling game, gaming device or slot machine or who manufactures, sells or distributes any gaming device, equipment, material or machine used in gaming, after his license becomes subject to renewal, and thereafter fails to apply for renewal as provided in this section, is guilty of a misdemeanor and, in addition to the penalties provided by law, is liable to the State of Nevada for all license fees, taxes and penalties which would have been due upon application for renewal.
8. If any licensee or other person fails to renew his license as provided in this section the commission may order the immediate closure of all his gaming activity until the license is renewed by the payment of the necessary fees, taxes, interest and any penalties. [Except for a license for which fees are based on the gross revenue of the licensee, failure] Failure to renew a license within 30 days after the date required by this chapter shall be deemed a surrender of the license.
3. Section 17 of chapter 492, Statutes of Nevada 1983, at page 1338, is hereby amended to read as follows:
Sec. 17. 1. This section and sections 5.5, 10, 15 and 16 of this act shall become effective on July 1, 1983.
2. Sections 1 to 5, inclusive, and 6 to 9, inclusive, 12, 13 and 14 of this act shall become effective on January 1, 1984.
3. Section 11 of this act shall become effective on July 1, 1985.
Sec. 23. Section 1 of chapter 506, Statutes of Nevada 1983, at page 1360, is hereby amended to read as follows:
Section 1. NRS 6.020 is hereby amended to read as follows:
6.020 1. Upon satisfactory proof, made by affidavit or otherwise, the following-named persons, and no others except as provided in subsection 2, are exempt from service as grand or trial jurors:
(a) Any federal or state officer.
(b) Any judge, justice of the peace or attorney at law.
(c) Any county clerk, recorder, assessor, sheriff, deputy sheriff, constable or police officer.
(d) Any locomotive engineer, locomotive fireman, conductor, brakeman, switchman or engine foreman.
(e) Any officer or correctional officer employed by the department of prisons.
(f) Any employee of the legislature or the legislative counsel bureau while the legislature is in session.
κ1985 Statutes of Nevada, Page 183 (CHAPTER 80, AB 36)κ
(g) Any physician, optometrist or dentist who is licensed to practice in this state.
2. All persons of the age of 65 years or over are exempt from serving as grand or trial jurors. Whenever it appears to the satisfaction of the court, by affidavit or otherwise, that a juror is over the age of 65 years, the court shall order the juror excused from all service as a grand or trial juror, if the juror so desires.
Sec. 24. Section 8.150 of chapter 517, Statutes of Nevada 1983, at page 1424, is hereby amended to read as follows:
Sec. 8.150 Authorization of tax increment area.
1. Except as is provided in subsections 2 and 3, the city council, on behalf of the city and in its name, may at any time designate a tax increment area within the city to create a special account for the payment of bonds or other securities which are issued to defray the cost of the acquisition, improvement or equipment (or any combination thereof) of any project which is authorized in NRS 268.672 to 268.740, inclusive, including without limitation the condemnation of property for the undertaking, as are supplemented by NRS 350.500 to 350.720, inclusive, except as is otherwise provided in this article.
2. A tax increment area may not be created by the city council if the total land area of the tax increment area exceeds 10 percent of the total land area, or if the total initial assessed valuation of the tax increment area exceeds 10 percent of the total assessed valuation of the taxable property which is situate within the city. As used in this subsection, initial assessed valuation means the assessed value as shown on the assessment roll which was last equalized before the designation of the area.
3. The right of way property of a railroad company which is under the jurisdiction of the Interstate Commerce Commission must not be included in a tax increment area unless the inclusion of that property is mutually agreed upon by the city council and the railroad company.
Sec. 25. Section 35 of chapter 518, Statutes of Nevada 1983, at page 1447, is hereby repealed.
Sec. 26. Section 38 of chapter 520, Statutes of Nevada 1983, at page 1474, is hereby amended to read as follows:
Sec. 38. NRS 120A.420 is hereby amended to read as follows:
120A.420 1. The [director] chief of the division of unclaimed property 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 administrator of financial institutions may 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.
κ1985 Statutes of Nevada, Page 184 (CHAPTER 80, AB 36)κ
within this state but not organized under the laws of or created in this state.
3. When requested by the [director,] chief of the division of unclaimed property, 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. 27. Section 18 of chapter 527, Statutes of Nevada 1983, at page 1515, is hereby amended to read as follows:
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 prescribing practitioner, or pursuant to a chart order of individual doses:
(a) From an original container which has been furnished as floor or ward stock;
(b) From a container dispensed by a registered pharmacist pursuant to a prescription; or
(c) Furnished by a practitioner.
3. A 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.
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.]
κ1985 Statutes of Nevada, Page 185 (CHAPTER 80, AB 36)κ
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. 28. Sections 11, 13 and 14 of chapter 529, Statutes of Nevada 1983, at pages 1521 and 1523, are hereby repealed.
Sec. 29. 1. Sections 1 and 15 of chapter 541, Statutes of Nevada 1983, at pages 1581 and 1588, respectively, are hereby amended to read respectively 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,] , 3 and 4 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; and
(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;
κ1985 Statutes of Nevada, Page 186 (CHAPTER 80, AB 36)κ
(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 beef promotion fund;
(m) The fund for industrial development in counties having a population of 25,000 or less, created by chapter 621, Statutes of Nevada 1979;
(n) The fund for workers compensation and safety;
(o) The uninsured employers claim fund; and
(p) The subsequent injury fund,
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 quarter 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. 15. 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 commission fund which is hereby created as a special revenue fund.
κ1985 Statutes of Nevada, Page 187 (CHAPTER 80, AB 36)κ
credit to the Colorado River commission 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.
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 commission fund, the Colorado River research and development fund and the commissions enterprise funds involving the purpose 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 commission 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.
2. Section 20 of chapter 541, Statutes of Nevada 1983, at page 1590, is hereby repealed.
3. Section 21 of chapter 541, Statutes of Nevada 1983, at page 1591, is hereby amended to read as follows:
Sec. 21. Sections 7, 8, 12, 15, 16 and 19 of this act shall become effective at 12:01 a.m. on July 1, 1983.
Sec. 30. 1. Section 3 of chapter 542, Statutes of Nevada 1983, at page 1592, is hereby amended to read as follows:
Sec. 3. NRS 356.087 is hereby amended to read as follows:
356.087 1. Except as provided in subsections 2, 3 and 4 or in a specific statute, all interest paid on money belonging to this state must be deposited in the state general fund.
2. 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.
κ1985 Statutes of Nevada, Page 188 (CHAPTER 80, AB 36)κ
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 quarter 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.] The state treasurer shall pay the interest due to any contractor pursuant to NRS 338.160.
2. Section 4 of chapter 542, Statutes of Nevada 1983, at page 1594, is hereby repealed.
3. Section 5 of chapter 542, Statutes of Nevada 1983, at page 1594, is hereby amended to read as follows:
Sec. 5. Section 3 of this act shall become effective at 12:01 a.m. on July 1, 1983.
Sec. 31. Chapter 546, Statutes of Nevada 1983, at page 1601, is hereby amended by adding thereto a new section to be designated as section 9, immediately following section 8, to read as follows:
Sec. 9. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1983.
Sec. 32. Section 7 of chapter 550, Statutes of Nevada 1983, at page 1618, is hereby amended to read as follows:
Sec. 7. Sections 3, 4 and 5 of this act shall become effective at 12:01 a.m. on July 1, 1983.
Sec. 33. Sections 3 and 4 of chapter 551, Statutes of Nevada 1983, at page 1619, are hereby amended to read respectively as follows:
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 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 purposes of the privilege tax for a 12-month period.
κ1985 Statutes of Nevada, Page 189 (CHAPTER 80, AB 36)κ
being registered for the first time in Nevada must be taxed for the purposes 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 to 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 every vehicle referred to in subsection 2 of NRS 482.206 expires at midnight on December 31.] The department shall mail to each holder of a valid registration certificate an application [form] for renewal registration for the following registration period. The [forms] 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 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.
κ1985 Statutes of Nevada, Page 190 (CHAPTER 80, AB 36)κ
Sec. 34. Section 9 of chapter 553, Statutes of Nevada 1983, at page 1630, is hereby amended to read as follows:
Sec. 9. NRS 706.736 is hereby amended to read as follows:
706.736 1. Except the provisions of subsection 4 of NRS 706.171, of NRS 706.281, and of NRS 706.457 and 706.458, none of the provisions of NRS 706.011 to 706.791, inclusive, and section 6 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 pictures, 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.
Sec. 35. Section 8 of chapter 556, Statutes of Nevada 1983, at page 1641, is hereby amended to read as follows:
Sec. 8. Section 393 of Senate Bill No. 418 of this session is hereby amended to read as follows:
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;
κ1985 Statutes of Nevada, Page 191 (CHAPTER 80, AB 36)κ
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,] chapter 480, Statutes of Nevada 1983, 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.] chapter 480, Statutes of Nevada 1983.
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. 36. 1. Sections 3 and 4 of chapter 581, Statutes of Nevada 1983, at page 1698, are hereby amended to read respectively as follows:
Sec. 3. 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)] (b) Division of financial institutions.
(c) Housing division.
[(e)] (d) Insurance division.
[(f)] (e) Manufactured housing division.
[(g)] (f) Real estate division.
κ1985 Statutes of Nevada, Page 192 (CHAPTER 80, AB 36)κ
[(h) Savings and loan division.
(i)] (g) State fire marshal division.
[(j)] (h) Division of unclaimed property.
Sec. 4. 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,] division of financial institutions is the administrator of financial institutions, 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] , the chief of the state fire marshal division is 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.
2. Sections 76 and 88 of chapter 581, Statutes of Nevada 1983, at pages 1722 and 1726, respectively, are hereby amended to read respectively as follows:
Sec. 76. NRS 658.096 is hereby amended to read as follows:
658.096 1. The [superintendent] administrator shall charge and collect the following fees in connection with his official duties:
(a) For examination of state banks:
(1) A fee of $100 for each parent bank, payable on June 30 and December 31 of each year.
(2) A fee of $25 for each branch bank, payable on June 30 and December 31 of each year.
(3) Based upon the total assets of all banks, payable semiannually on the basis of the call report of condition as of June 30 and December 31 of each year, a fee of 10 cents per $1,000 for the first $500,000,000, 4 cents per $1,000 for the next $500,000,000, and 2 cents per $1,000 for amounts over $1,000,000,000.
κ1985 Statutes of Nevada, Page 193 (CHAPTER 80, AB 36)κ
December 31 of each year, a fee of 10 cents per $1,000 for the first $500,000,000, 4 cents per $1,000 for the next $500,000,000, and 2 cents per $1,000 for amounts over $1,000,000,000.
(b) For applications for new branch banks, a nonrefundable fee of $250 for the application and survey to be paid by the applicant at the time of making the application. The applicant shall also pay such additional expenses incurred in the process of investigation as the [superintendent] administrator deems necessary. All money received by the [superintendent] administrator pursuant to this paragraph must be placed in the investigative fund created by section 1 of [this act.] chapter 490, Statutes of Nevada 1983.
(c) For special bank examinations and the examination of trust departments of state banks, a reasonable fee for each man-hour expended in conducting the examination and in preparing and typing the report of the examination.
2. Except as otherwise provided in paragraph [(b),] (b) of subsection 1, all money collected under this section must be paid into the state general fund.
Sec. 88. NRS 659.045 is hereby amended to read as follows:
659.045 1. Upon receipt of a copy of the articles of incorporation of the proposed bank, the [superintendent] administrator shall at once examine into all of the facts connected with the formation of such proposed banking corporation, including its location and proposed stockholders. If it appears that the corporation, if formed, will be lawfully entitled to commence the business of banking, the [superintendent] administrator shall so certify to the secretary of state, unless upon examination and investigation he finds that:
(a) The proposed corporation is formed for any other than legitimate banking business;
(b) The character, general fitness and responsibility of the persons proposed as stockholders, directors, officers and other managerial officials of the corporation are not such as to command the confidence of the community in which the bank is proposed to be located;
(c) The probable volume of business and reasonable public demand in such community is not sufficient to assure and maintain the solvency of the new bank and of the then-existing bank or banks in the community;
(d) The name of the proposed corporation is likely to mislead the public as to its character or purpose; or
(e) The proposed name is the same as the one already adopted or appropriated by an existing bank in this state, or so similar thereto as to be likely to mislead the public.
2. The [superintendent] administrator shall not make the certification to the secretary of state until he has ascertained that the establishment of such bank will meet the needs and promote the convenience of the community to be served by the bank.
κ1985 Statutes of Nevada, Page 194 (CHAPTER 80, AB 36)κ
3. A nonrefundable fee of $3,000 for the application and survey must be submitted to the [superintendent] administrator at the time the articles of incorporation are filed with the secretary of state. The proposed banking corporation shall also pay such additional expenses incurred in the process of investigation as the [superintendent] administrator deems necessary. All money received by the [superintendent] administrator pursuant to this section must be placed in the investigative fund created by section 1 of [this act.] chapter 490, Statutes of Nevada 1983.
3. Section 126 of chapter 581, Statutes of Nevada 1983, at page 1743, is hereby amended to read as follows:
Sec. 126. NRS 664.015 is hereby amended to read as follows:
664.015 1. The [banking] division of financial institutions may, upon a proper application in writing showing good cause therefor, authorize any bank in this state or organized under this Title to restrict, for a limited period, the percentage of withdrawals from all of the accounts of such bank.
2. Whenever, in the interest of public business, any bank doing business in this state deems it necessary to curtail or restrict the withdrawals of its patrons for a limited period, such bank, through its proper officers, may make application in writing, setting forth the reasons therefor, to the [banking] division of financial institutions requesting an order or authorization from the [banking] division to restrict, for a limited period, withdrawals by the depositors of the bank to a specific percentage of their respective deposits.
3. Upon receipt of such application by the [banking division,] division of financial institutions, and good cause appearing therefor, the division may issue to the applicant an authorization specifying therein the percentage of all deposits which the bank may pay to its depositors, and the period to which such restriction or limitation may extend. For good cause shown, the [banking] division of financial institutions may shorten, cancel, extend or renew such authorization whenever the division deems such action proper in the interest of public business.
4. Any bank obtaining any order or authorization authorized by this section shall post and maintain, during the period of restriction, in a conspicuous place in or upon its banking premises, a certified copy of each order or authorization.
5. The [banking] division of financial institutions may authorize all such banks thereafter to receive new deposits, which [shall] must be segregated from the old deposits, and the new deposits [shall not be] are not subject to any restriction as to the withdrawal thereof, except as provided in the terms of any time certificate of deposit or savings passbook; and the new deposits [shall] must be invested in such liquid assets as may be approved by the [banking] division in order that such banks may at all times have sufficient funds available to meet the demands on such new deposits in accordance herewith.
κ1985 Statutes of Nevada, Page 195 (CHAPTER 80, AB 36)κ
4. Sections 170, 173, 177 and 186 of chapter 581, Statutes of Nevada 1983, at pages 1760, 1761, 1762 and 1764, respectively, are hereby amended to read respectively as follows:
Sec. 170. NRS 669.150 is hereby amended to read as follows:
669.150 1. Thereafter, the corporate trust company shall file an application for a license to transact trust company business with the [superintendent] administrator on forms prescribed by the [superintendent,] administrator, which must contain such information as the [superintendent] administrator may require.
2. A nonrefundable fee of $1,000 for the application and survey must accompany the application. The applicant shall also pay such additional expenses incurred in the process of investigation as the [superintendent] administrator deems necessary. In addition, a fee of not less than $100 nor more than $250, prorated on the basis of the licensing year as provided by the [superintendent,] administrator, must be paid at the time of making the application.
3. Any request for approval and licensing of a branch location for a trust company must be filed with the [superintendent] administrator on such forms as he may prescribe. A nonrefundable fee of $250 for the application and survey must accompany each such request. In addition, a fee of not more than $100, prorated on the basis of the licensing year as provided by the [superintendent,] administrator, must be paid at the time of making the request.
4. All money received by the [superintendent] administrator pursuant to this section must be placed in the investigative fund created by section 1 of [this act.] chapter 490, Statutes of Nevada 1983.
Sec. 173. NRS 669.190 is hereby amended to read as follows:
669.190 1. The initial fee to be paid for a trust company license must be in proportion to the authorized capitalization of the trust company as follows:
(a) A trust company having a capitalization of $250,000 and up to and including $500,000 shall pay a license fee of $500.
(b) A trust company having a capitalization of more than $500,000 and up to and including $1,000,000 shall pay a license fee of $750.
(c) A trust company having a capitalization of more than $1,000,000 shall pay a license fee of $1,000.
2. In addition every trust company shall pay an initial license fee of $100 for each branch office that may be authorized by the [superintendent.] administrator.
3. Thereafter, every such trust company shall pay annually on or before April 1 of each year a license fee which must be in proportion to its authorized or existing capitalization (capital plus paid-in surplus plus undivided profits), whichever is higher, as follows:
κ1985 Statutes of Nevada, Page 196 (CHAPTER 80, AB 36)κ
(a) A trust company having a capitalization of $250,000 and up to and including $500,000 shall pay a license fee of $500.
(b) A trust company having a capitalization of more than $500,000 and up to and including $1,000,000 shall pay a license fee of $750.
(c) A trust company having a capitalization of more than $1,000,000 shall pay a license fee of $1,000.
4. All money collected under the provisions of this section must be paid into the state general fund and the state treasurer shall issue a receipt therefor.
Sec. 177. NRS 669.250 is hereby amended to read as follows:
669.250 1. For each examination of a trust companys books and records required or authorized under this chapter, the [superintendent] administrator shall charge and collect from the trust company a reasonable fee for each man-hour expended in conducting the examination and in preparing and typing the report of the examination.
2. All money collected under this section must be paid into the state general fund.
Sec. 186. NRS 670.115 is hereby amended to read as follows:
670.115 1. A development corporation shall obtain a license from the [superintendent] administrator before conducting any business. The application for the license must be on a form prescribed by the [superintendent.] administrator.
2. A nonrefundable fee of $1,000 for the application and survey must accompany the application. The applicant shall also pay such additional expenses incurred in the process of investigation as the [superintendent] administrator deems necessary. In addition, a fee of not less than $100 nor more than $250, prorated on the basis of the licensing year as provided by the [superintendent,] administrator, must be paid at the time the application is submitted.
3. All money received by the [superintendent] administrator pursuant to this section must be placed in the investigative fund created by section 1 of [this act.] chapter 490, Statutes of Nevada 1983.
5. Sections 189 and 190 of chapter 581, Statutes of Nevada 1983, at pages 1764 and 1765, respectively, are hereby amended to read respectively as follows:
Sec. 189. NRS 671.050 is hereby amended to read as follows:
671.050 1. Every application for a license required under this chapter must be in writing, signed by the applicant, and in the form prescribed by the [superintendent.] administrator.
2. The application must contain:
(a) The name and principal business address of the applicant and, if incorporated, the date and place of its incorporation;
(b) The name and address of each of the applicants branch offices, subsidiaries or affiliates, if any, which will be operated under the license;
κ1985 Statutes of Nevada, Page 197 (CHAPTER 80, AB 36)κ
offices, subsidiaries or affiliates, if any, which will be operated under the license;
(c) The name and addresses, business and residential, of the proprietor or partners of the applicant or, if the applicant is a corporation or association, of each of the directors, trustees and principal officers, and of any stockholder who owns 20 percent or more of the applicants stock; and
(d) Such other pertinent information as the [superintendent] administrator requires.
3. The application must be accompanied by:
(a) A surety bond or securities as required by this chapter; and
(b) A certified financial statement, satisfactory to the [superintendent,] administrator, showing that the applicants net worth exceeds $100,000, unless the applicants surety bond or securities is in at least twice the minimum principal sum required by NRS 671.100; and
(c) A nonrefundable fee of $250 for the application and survey. The applicant shall also pay such additional expenses incurred in the process of investigation as the [superintendent] administrator deems necessary.
(d) A fee of not less than $100 nor more than $200, prorated on the basis of the licensing year as provided by the [superintendent.] administrator.
4. All money received by the [superintendent] administrator pursuant to this section must be placed in the investigative fund created by section 1 of [this act.] chapter 490, Statutes of Nevada 1983.
Sec. 190. NRS 671.060 is hereby amended to read as follows:
671.060 1. Upon the filing of the application, payment of the fees and approval of the surety bond or securities, the [superintendent] administrator shall investigate the financial condition and responsibility, the financial and business experience, and the character and general fitness of the applicant and may investigate any partners, directors, trustees or principal officers of the applicant.
2. If the [superintendent] administrator determines that the business of the applicant will be conducted lawfully, honestly, fairly and efficiently, the [superintendent] administrator shall issue a license to the applicant to engage in the business of selling and issuing checks, receiving for transmission or transmitting money or credits, or both.
6. Sections 218, 220 and 280 of chapter 581, Statutes of Nevada 1983, at pages 1774, 1777 and 1803, respectively, are hereby amended to read respectively as follows:
Sec. 218. NRS 673.080 is hereby amended to read as follows:
673.080 1. The secretary of state shall not issue any certificate to an association or company authorizing it to do business until the articles of association, agreement or incorporation are approved by the [commissioner.] administrator.
κ1985 Statutes of Nevada, Page 198 (CHAPTER 80, AB 36)κ
2. No amendment to the articles of the organization may be filed by the secretary of state without the written approval of the articles by the [commissioner.] administrator.
3. No association may sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its common or preferred stock until it has first applied for and secured from the [commissioner] administrator approval of an application for permission to organize as provided for in this section.
4. [(a)] Persons who desire to organize an association under this chapter shall first execute in triplicate an application, in the form prescribed by the [commissioner,] administrator, for permission to organize an association before taking any other action in connection with the organization.
[(b)] Upon execution of an application for permission to organize by seven responsible citizens, referred to in this section as applicants, the original and two copies of the application must be submitted to the [commissioner.] administrator. The applicants shall submit with their application the names and addresses of the applicants, the location of the proposed office, an itemized account of the financial condition of the proposed association and of the applicants, the amount and character of the proposed stock, statements, exhibits, maps and such additional information as the [commissioner] administrator may require, together with an affidavit that the representations made thereby are consistent with the facts to the best of the applicants information and belief. This data must be sufficiently detailed and comprehensive to enable the [commissioner] administrator to pass upon the application as to:
[(1)] (a) The character and responsibility of the applicants;
[(2)] (b) The need for the association in the community to be served;
[(3)] (c) The reasonable probability of its usefulness and success; and
[(4)] (d) Whether or not such an association can be established without undue injury to any properly conducted existing savings and loan institutions.
[(c)] 5. If the [commissioner] administrator approves the application he shall, within 30 days, notify all associations within 100 miles of the community where the applicant intends to establish an association. Any association so notified may, within 20 days, protest in writing the granting of the application. Within 30 days after receipt by the [commissioner] administrator of the written protest, the [commissioner] administrator shall fix a date for a hearing upon the protest, and the hearing must be held not earlier than 30 days nor more than 60 days from the date of receipt of written notice by registered or certified mail by the parties.
[(d) The commissioner] The administrator shall approve or deny the application within 90 days from the date of the conclusion of the hearing and give all parties written notice of his decision on or before that date.
κ1985 Statutes of Nevada, Page 199 (CHAPTER 80, AB 36)κ
the hearing and give all parties written notice of his decision on or before that date.
[(e)] 6. If the [commissioner] administrator approves the application, he shall establish as conditions to be met before the issuance of a charter requirements as to:
[(1)] (a) The minimum number of shares of common or preferred stock to be subscribed to the associations permanent capital, of which at least 75 percent in number of stockholders and dollar amount of capital must be subscribed by bona fide residents of the State of Nevada;
[(2)] (b) The minimum amount of paid-in surplus;
[(3)] (c) The minimum amount of investment certificates to be paid into the associations savings accounts upon issuance of a charter to it; and
[(4)] (d) Such other requirements as he deems necessary or desirable.
Approval of an application for permission to organize an association does not in any manner obligate the [commissioner] administrator to issue a charter, except that when all requirements of this chapter and of the [commissioner] administrator have been fulfilled, he shall issue a charter.
[(f)] 7. The charter expires 180 days after issuance, unless, within that time, the association has obtained insurance of accounts from the Federal Savings and Loan Insurance Corporation. The [commissioner] administrator may, for good cause, extend the time of the conditional expiration of the charter for an additional period or periods not exceeding 360 days in the aggregate.
[5.] 8. An association shall not sell or issue any of its permanent stock until it has first applied for and secured from the [commissioner] administrator a license authorizing it to operate as a savings and loan association under the laws of this state and until it has applied for and secured insurance of accounts under the [rules and] regulations of the Federal Savings and Loan Insurance Corporation. This insurance of accounts must be maintained at all times.
[6. The commissioner]
9. The administrator may extend the time for any hearing provided for in this section, to the time agreed upon by the parties.
[7.] 10. The filing fees are:
(a) For filing an original application, $2,000 for the principal office. The applicant shall also pay such additional expenses incurred in the process of investigation as the [commissioner] administrator deems necessary. All money received by the [commissioner] administrator pursuant to this paragraph must be placed in the investigative fund created by section 1 of this act.
(b) If the license is approved for issuance, $1,000 for the principal office before issuance.
κ1985 Statutes of Nevada, Page 200 (CHAPTER 80, AB 36)κ
[8. The commissioner]
11. The administrator may impose conditions requiring the impoundment of proceeds from the sale of any stock, limiting the expense in connection with the sale of stock, and such other conditions as are reasonable and necessary or advisable to insure the disposition of the proceeds from the sale of the stock in the manner and for the purposes provided in the permission to organize.
[9.] 12. Every permission to organize issued by the [commissioner shall] administrator must recite in bold type that its issuance is permissive only and does not constitute a recommendation or endorsement of the organization or of the stock permitted to be issued.
[10.] 13. Any corporation making application under this section or authorized to organize or authorized to establish a savings and loan association shall provide for a minimum par value of its permanent capital stock of at least $1 in its articles of incorporation. Par value of permanent capital stock may not be reduced below $1 without written permission of the [commissioner.] administrator.
[11.] 14. The removal of the home office or of any branch office of an association to any other location from its then-existing location requires prior approval of the [commissioner.] administrator. An application seeking approval must be delivered to the [commissioner,] administrator, together with a fee to cover expenses attendant upon the investigation required for the approval, which must be in an amount, not less than $100, to be determined by the [commissioner.] administrator. All money received by the [commissioner] administrator pursuant to this subsection must be placed in the investigative fund created by section 1 of [this act.
12.] chapter 490, Statutes of Nevada 1983.
15. An association shall not pay any commissions or other compensation for the subscription to or sale of the original issue of its stock.
Sec. 220. NRS 673.112 is hereby amended to read as follows:
673.112 1. A branch office is a legally established place of business of an association, other than the home office, which is authorized by the board of directors and approved by the [commissioner] administrator and at which any of the associations business may be conducted.
2. All branch offices are subject to direction from the home office.
3. No association may establish or maintain a branch office without prior written approval of the [commissioner.] administrator. Each application for approval of the establishment and maintenance of a branch office must:
(a) State the proposed location thereof, the need therefor, the functions to be performed therein, the estimated annual expense thereof and the mode of payment therefor.
κ1985 Statutes of Nevada, Page 201 (CHAPTER 80, AB 36)κ
functions to be performed therein, the estimated annual expense thereof and the mode of payment therefor.
(b) Be accompanied by a budget of the association for the current semiannual period and for the next succeeding semiannual period, which reflects the estimated additional expense of the maintenance of such branch office.
4. After receipt of an application the [commissioner] administrator shall determine:
(a) Whether the establishment and maintenance of the branch office will unduly injure any properly conducted existing association in the community where the branch office is proposed to be established or in any neighboring community; and
(b) Whether or not the establishment and maintenance of the branch office will serve the public interest.
5. Before issuance of a charter for a branch office, the [commissioner] administrator shall notify all associations doing business within a radius of 100 miles of the principal place of business of the applicant, and within a radius of 100 miles of the proposed branch office. Any association so notified may, within 20 days, protest in writing the granting of the application. Within 30 days after receipt by the [commissioner] administrator of such a written protest, the [commissioner] administrator shall fix a date for a hearing upon the protest. The hearing must be held not earlier than 60 days nor more than 90 days after the date of receipt of written notice by registered or certified mail by the parties.
6. If the [commissioner] administrator finds that no undue injury is likely to result, that the establishment and maintenance of such branch office is advisable and will serve the public interest, he may approve the application.
7. Approval of an associations application for a branch office charter permits the association to establish an operating office in a temporary or a permanent building, if the building is placed on or erected at the approved location within 12 months after the approval.
8. For good cause and after notice to the association, the [commissioner] administrator may revoke his approval for the maintenance of a branch office. Failure to establish a branch office in the manner and within the time permitted under this section constitutes a good cause for revocation, unless a prior, written request for a waiver of the time limitation is sought by the association and an extension, in writing, is granted by the [commissioner.] administrator.
9. An association which maintains one or more branch offices shall give each branch office a specific designation by name and include in the designation the word branch and shall prominently display the designation at the place of business of the branch. When an association is operating a branch office, all advertising of or by any such branch office must state clearly the location of the principal office of the association.
κ1985 Statutes of Nevada, Page 202 (CHAPTER 80, AB 36)κ
advertising of or by any such branch office must state clearly the location of the principal office of the association.
10. The filing fees are:
(a) For filing an original application, $200 for each branch office. The applicant shall also pay such additional expenses incurred in the process of investigation as the [commissioner] administrator deems necessary. All money received by the [commissioner] administrator pursuant to this subsection must be placed in the investigative fund created by section 1 of [this act.] chapter 490, Statutes of Nevada 1983.
(b) If the license is approved for issuance, $100 for each branch office before issuance.
Sec. 280. NRS 673.595 is hereby amended to read as follows:
673.595 1. Every foreign association which desires to do any business or maintain an office of the kind provided for in this chapter must apply to the [commissioner] administrator for a license to transact that business or maintain that office in this state.
2. The filing fees are:
(a) For filing an original application, $300 for each office. The applicant shall also pay such additional expenses incurred in the process of investigation as the [commissioner] administrator deems necessary. All money received by the [commissioner] administrator pursuant to this paragraph must be placed in the investigative fund created by section 1 of [this act.] chapter 490, Statutes of Nevada 1983.
(b) If the license is approved for issuance, $200 for each office.
(c) For each licensed foreign association, an annual renewal fee of $400.
3. The [commissioner] administrator shall issue a license to an applicant if he is satisfied that the issuance of the license is consistent with the purpose of this chapter. The [commissioner] administrator may revoke any such license when he is satisfied that the licensed activity or any part of it is not consistent with the purposes of this chapter.
4. At the time of making an application, every foreign association shall provide written consent to whatever examination or investigation the [commissioner] administrator may desire to make during the license period. The [commissioner] administrator shall charge the foreign association $30 per hour for the time spent on the examination or investigation by state examiners.
5. The provisions of chapter 80 of NRS apply to all foreign associations licensed under the provisions of this section. For the purposes of this section, activities conducted by any foreign association, which are limited to any one or more of those enumerated in NRS 80.240, do not constitute doing business or require that the association be licensed.
7. Section 287 of chapter 581, Statutes of Nevada 1983, at page 1806, is hereby amended to read as follows:
κ1985 Statutes of Nevada, Page 203 (CHAPTER 80, AB 36)κ
Sec. 287. NRS 675.060 is hereby amended to read as follows:
675.060 1. No person may engage in the business of lending in amounts of $10,000 or less, except as authorized by this chapter, without first having obtained a license from the [superintendent.] administrator.
2. For the purpose of this section a loan shall be deemed to be in the amount of $10,000 or less if the net amount or value advanced to or on behalf of the borrower, after deducting all payments for interest, principal, expenses and charges of any nature taken substantially contemporaneously with the making of the loan, does not exceed $10,000.
3. For the purpose of this section, a person engages in the business of lending if he solicits loans of $10,000 or less in this state and, in connection therewith, makes loans to persons in this state, unless these are isolated, incidental or occasional transactions.
8. Sections 289, 294, 311, 321, 332 and 348 of chapter 581, Statutes of Nevada 1983, at pages 1807, 1808, 1812, 1814, 1817 and 1821, respectively, are hereby amended to read respectively as follows:
Sec. 289. NRS 675.100 is hereby amended to read as follows:
675.100 1. At the time of making the application, the applicant shall pay to the [superintendent] administrator a nonrefundable fee of $500 for the application and survey. The applicant shall also pay such additional expenses incurred in the process of investigation as the [superintendent] administrator deems necessary. In addition, a fee of not less than $100 nor more than $500, prorated on the basis of the licensing year as provided by the [superintendent,] administrator, must be paid at the time of making the application.
2. All money received by the [superintendent] administrator pursuant to this section must be placed in the investigative fund created by section 1 of [this act.] chapter 490, Statutes of Nevada 1983.
Sec. 294. NRS 675.150 is hereby amended to read as follows:
675.150 1. If the [superintendent] administrator finds that any applicant does not possess the requirements specified in this chapter, he shall enter an order denying the application and forthwith notify the applicant of the denial.
2. Within 10 days after the entry of such an order, he shall file his findings and a summary of the evidence supporting them and shall forthwith deliver a copy thereof to the applicant.
Sec. 311. NRS 676.130 is hereby amended to read as follows:
676.130 At the time of making the application, the applicant shall:
1. Pay to the [superintendent] administrator a nonrefundable fee of $250 for the application and survey. The applicant shall also pay such additional expenses incurred in the process of investigation as the [superintendent] administrator deems necessary. In addition, a fee of not less than $100 nor more than $200, prorated on the basis of the licensing year as provided by the [superintendent,] administrator, must be paid at the time of making the application.
κ1985 Statutes of Nevada, Page 204 (CHAPTER 80, AB 36)κ
addition, a fee of not less than $100 nor more than $200, prorated on the basis of the licensing year as provided by the [superintendent,] administrator, must be paid at the time of making the application. All money received by the [superintendent] administrator pursuant to this subsection must be placed in the investigative fund created by section 1 of [this act.] chapter 490, Statutes of Nevada 1983.
2. Furnish and maintain in effect a satisfactory bond to the State of Nevada, [duly] executed by an admitted surety company approved by the [superintendent,] administrator, in the amount of $10,000, or an appropriate substitute pursuant to NRS 676.135, conditioned upon the faithful accounting of all money collected upon accounts and entrusted to the licensee, or its employees or agents.
3. Provide a blank copy of the debt-adjustment contract which will be used by the licensee in its business.
Sec. 321. NRS 676.270 is hereby amended to read as follows:
676.270 1. For the purpose of discovering violations of this chapter or of securing information lawfully required under this chapter, the [superintendent] administrator or his [duly] authorized representative may at any time and shall, at least once each year, investigate the business and examine the books, accounts, papers and records of any licensee.
2. For the purpose of examination the [superintendent] administrator or his [duly] authorized representatives must be allowed free access to the offices, files, safes and vaults of such licensees.
3. For each examination the [superintendent] administrator shall charge and collect from the licensee a reasonable fee for each man-hour expended in conducting the examination and in preparing and typing the examination report.
Sec. 332. NRS 677.160 is hereby amended to read as follows:
677.160 1. The request for authority to engage in business under this chapter must be set forth in an application in such form and containing such information as the [director] administrator may require.
2. The filing fees are:
(a) For filing an original application, $1,000 for the principal office and $150 for each branch office. The applicant shall also pay such additional expenses incurred in the process of investigation as the [director] administrator deems necessary. All money received by the [director] administrator pursuant to this paragraph must be placed in the investigative fund created by section 1 of [this act.] chapter 490, Statutes of Nevada 1983.
(b) If the license is approved for issuance, $500 for the principal office and $100 for each branch office before issuance.
Sec. 348. NRS 677.360 is hereby amended to read as follows:
677.360 On or before December 20 of each year, each licensee shall pay to the [director] administrator the sum of $500 for each license held by him as a license fee for the succeeding calendar year.
κ1985 Statutes of Nevada, Page 205 (CHAPTER 80, AB 36)κ
shall pay to the [director] administrator the sum of $500 for each license held by him as a license fee for the succeeding calendar year.
9. Section 380 of chapter 581, Statutes of Nevada 1983, at page 1831, is hereby amended to read as follows:
Sec. 380. 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] administrator 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] must be elected annually by and from the members thereof.
5. The meetings of the advisory council may be held at such times and places as the chairman or [commissioner] administrator determines 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.
10. Sections 394 and 396 of chapter 581, Statutes of Nevada 1983, at pages 1837 and 1838, respectively, are hereby amended to read respectively as follows:
Sec. 394. NRS 678.780 is hereby amended to read as follows:
678.780 Every credit union organized under this chapter shall submit an annual financial report for the calendar year to the [commissioner] administrator on or before the 1st day of February on forms supplied by him for that purpose.
Sec. 396. NRS 678.810 is hereby amended to read as follows:
678.810 1. A credit union chartered under the laws of this state may be converted to a credit union chartered under the laws of any other state or under the laws of the United States, subject to regulations adopted by the [commissioner.] administrator.
2. A credit union chartered under the laws of the United States or of any other state may convert to a credit union chartered under the laws of this state. To effect such a conversion, a credit union must comply with all the requirements of the authority under which it was originally chartered and the requirements of the [commissioner] administrator and file proof of such compliance with the [commissioner.] administrator.
3. Every application for permission to convert to a credit union chartered under the laws of this state must be accompanied by an application fee in an amount prescribed by regulation of the [commissioner.]
κ1985 Statutes of Nevada, Page 206 (CHAPTER 80, AB 36)κ
application fee in an amount prescribed by regulation of the [commissioner.] administrator. The applicant shall also pay such additional expenses incurred in the process of investigation as the [commissioner] administrator deems necessary. All money received by the [commissioner] administrator pursuant to this subsection must be placed in the investigative fund created by section 1 of [this act.] chapter 490, Statutes of Nevada 1983.
11. Section 420 of chapter 581, Statutes of Nevada 1983, as amended by section 10 of chapter 556, Statutes of Nevada 1983, at page 1643, is hereby amended to read as follows:
Sec. 420. 1. Sections 1, 3, 4, 6, 11, 13, 15, 16, 19, 40, 41, 50, 76, 88, 112, 120, 134, 137, 139, 170, 173, 176, 177, 186, 189, 190, 195, 220, 230, 233, 234, 235, 237, 240, 241, 245, 246, 279, 280, 287, 289, 294, 311, 321, 332, 348, 378, 380, 381, 385, 390 and sections 393 to 416, inclusive, of this act shall become effective at 12:01 a.m. on July 1, 1983.
2. Section 218 of this act shall become effective at 12:02 a.m. on July 1, 1983.
3. Section 249 of this act shall become effective at 12:01 a.m. on July 1, 1987.
Sec. 37. Sections 3 and 6 of chapter 588, Statutes of Nevada 1983, at pages 1886 and 1887, respectively, are hereby amended to read respectively as follows:
Sec. 3. NRS 361.260 is hereby amended to read as follows:
361.260 1. 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] of the preceding year factors which reasonably [represents] represent the change, if any, in the taxable value of the property or of similar property in the area since [that appraisal or reappraisal and] the preceding year, and by taking into account all applicable depreciation and obsolescence.
κ1985 Statutes of Nevada, Page 207 (CHAPTER 80, AB 36)κ
change, if any, in the taxable value of the property or of similar property in the area since [that appraisal or reappraisal and] the preceding year, and by taking into account all applicable depreciation and obsolescence. The factor for improvements must be adopted by the Nevada tax commission. The factor for land must be developed by the county assessor and approved by the commission. These factors must be so chosen that the ratio of the assessed value to the taxable value of each individual property is not less than 30 percent nor more than 35 percent.
4. The county assessor shall physically reappraise all property at least once every 5 years.
Sec. 6. 1. Section 2 of this act shall become effective at 12:02 a.m. on July 1, 1983, and must be used in appraising real property for taxes to be collected during the fiscal year 1984-1985.
2. Section 3 of this act shall become effective at 12:01 a.m. on July 1, 1983.
3. Sections 1 and 2.5 of this act shall become effective on January 1, 1984, and must be used in appraising real property for taxes to be collected during the fiscal year 1985-86.
Sec. 38. 1. Section 1 of chapter 590, Statutes of Nevada 1983, at page 1889, is hereby amended to read as follows:
Section 1. Section 6 of chapter 599, Statutes of Nevada 1983, at page 1926, is hereby amended to read as follows:
Sec. 6. 1. The system shall provide an increase of $80 per month for all public employees who retired before July 1, 1963, in addition to the amounts to which they were respectively entitled on April 1, 1975.
2. An employee who retired before September 1, 1975, with 20 or more years of credit for service, whose gross benefit is less than $500 per month must be paid an increase in an amount which would make his gross benefit $500 per month or an increase of $100 per month, whichever is less. A person receiving a benefit under Option 3 or 5 as the beneficiary of an employee who retired before September 1, 1975, with 20 or more years of credit for service, if the beneficiary is receiving less than $250 per month, must be paid an increase in an amount which would make his gross benefit $250 per month or an increase of $50 per month, whichever is less.
3. All money which has been accumulated under the provisions of that certain act of the legislature of the State of Nevada entitled An Act to provide against losses to the state and its respective counties, townships, incorporated cities and irrigation districts through defalcation, misappropriation of funds or other wrongful acts on the part of officials or employees; to provide for the issuance of surety bonds for state, county, township, city and irrigation district officials and employees, establishing a fund therefor, and other matters relating thereto; and to repeal all acts and parts of acts in conflict therewith, approved March 26, 1937, as amended, must be transferred to the public employees retirement fund.
κ1985 Statutes of Nevada, Page 208 (CHAPTER 80, AB 36)κ
conflict therewith, approved March 26, 1937, as amended, must be transferred to the public employees retirement fund. The money must be combined with the appropriation made by section 35 of chapter 270, Statutes of Nevada 1975, and segregated into a separate account within the public employees retirement fund from which the increases provided in this section must paid.
2. Chapter 590, Statutes of Nevada 1983, at page 1889, is hereby amended by adding thereto a new section to be designated as section 2, immediately following section 1, to read as follows:
Sec. 2. This act shall become effective upon passage and approval.
Sec. 39. Sections 1 and 3 of chapter 594, Statutes of Nevada 1983, at page 1901 and 1903, respectively, are hereby amended to read respectively as follows:
Section 1. 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
(b) Three members, only one of whom may be an elected public officer, 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.
κ1985 Statutes of Nevada, Page 209 (CHAPTER 80, AB 36)κ
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 20 of each year [.] except as to matters remanded by the state board of equalization. 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. Sections 1 and 2 of this act shall become effective at 12:01 a.m. on July 1, 1983.
Sec. 40. Section 5 of chapter 595, Statutes of Nevada 1983, at page 1905, is hereby repealed.
Sec. 41. Sections 9, 14 and 26 of chapter 599, Statutes of Nevada 1983, at pages 1928, 1930 and 1932, respectively, are hereby amended to read respectively as follows:
Sec. 9. 1. In addition to other post-retirement allowances or benefits provided by law, and subject to the limitation provided in subsection 3, the public employees retirement system shall provide a post-retirement increase to each eligible person, based upon:
(a) The number of years he has received a retirement allowance or in the case of a beneficiary of a retired employee, the number of years an allowance or benefits have been received since the retired employees effective date of retirement; and
κ1985 Statutes of Nevada, Page 210 (CHAPTER 80, AB 36)κ
(b) The amount of his cumulative allowance or benefit computed as of the dates on which these increases are payable.
2. The increases provided in subsection 1 are payable on July 1, 1979, and July 1, 1980, as follows:
Number of Years Receiving Increase in Cumulative
Allowance or Benefit Allowance or Benefit
5 years or more 5 percent
4 years 4.5 percent
3 years 4 percent
2 years 3.5 percent
1 year 3 percent
3. These percentage increases are payable only if they do not exceed the percentage increase in the All Items Consumer Price Index for the preceding calendar year. If the percentage increase in the index for the preceding year is less than any percentage increase described in subsection 2, the latter increase must be reduced to the former.
4. A person is eligible to receive the increase provided in subsection 1 if he is:
(a) A retired employee receiving a retirement allowance;
(b) A survivor of a deceased member who is receiving a benefit; or
(c) A beneficiary of a deceased retired employee who is receiving a benefit.
Sec. 14. NRS 286.421 is hereby amended to read as follows:
286.421 1. [Except as limited in this section, and] Beginning July 1, 1985, a participating public employer [may] shall pay on behalf of [its employees the employer] an employee the contributions required by subsection 1 of NRS 286.410 [. Except as provided in subsection 9, 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.] if:
(a) The employee is hired after July 1, 1985; or
(b) The employees benefits have vested pursuant to NRS 286.6793.
The employer shall begin paying an employees portion of contribution on the date his benefits vest, if they vest after July 1, 1985.
2. Except for persons chosen by election or appointment to serve in elected offices of a political subdivision of this state, any such payment of [employees] the employees portion of the contributions must be:
κ1985 Statutes of Nevada, Page 211 (CHAPTER 80, AB 36)κ
(a) Made in lieu of equivalent basic salary increases or cost of living increases, or both; or
(b) Counterbalanced by equivalent reductions in employees salaries.
3. 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] is paying the basic contribution on behalf of [its employees,] an employee 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] is paying the basic contribution on behalf of its employees may, to the extent that the respective percentage rates of the contribution 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 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 shall 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.
κ1985 Statutes of Nevada, Page 212 (CHAPTER 80, AB 36)κ
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. The State of Nevada shall pay the entire contribution on and after July 1, 1983, for:
(a) Members of the Nevada highway patrol;
(b) Inspectors or field agents of the motor carrier division of the department of motor vehicles; and
(c) Firemen in the division of forestry of the state department of conservation and natural resources,
who contribute to the police and firemens retirement fund.
Sec. 26. 1. Section 17 of this act shall become effective at 12:01 a.m. on July 1, 1983.
2. Section 14 of this act shall become effective at 12:02 a.m. on July 1, 1983.
Sec. 42. 1. Section 21 of chapter 602, Statutes of Nevada 1983, at page 1944, is hereby repealed.
2. Section 22 of chapter 602, Statutes of Nevada 1983, at page 1944, is hereby amended to read as follows:
Sec. 22. This section and sections 14 to 17, inclusive, of this act shall become effective upon passage and approval.
Sec. 43. 1. Section 15 of chapter 604, Statutes of Nevada 1983, at page 1950, is hereby repealed.
2. Sections 16 and 24 of chapter 604, Statutes of Nevada 1983, at pages 1950 and 1953, respectively, are hereby amended to read respectively as follows:
Sec. 16. NRS 387.195 is hereby amended to read as follows:
387.195 1. Each board of county commissioners shall levy a tax of [50] 75 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. 24. 1. This section and section 19 of this act shall become effective upon passage and approval.
2. Section 16 of this act shall become effective at 12:01 a.m. on July 1, 1983.
3. Sections 14.3, 14.5, 14.7 and 20 of this act shall become effective on July 1, 1985.
4. The remaining sections of this act shall become effective on July 1, 1983.
5. Sections 1 to 14, inclusive, of this act expire by limitation on July 1, 1985.
Sec. 44. Section 3 of chapter 605, Statutes of Nevada 1983, at page 1956, is hereby amended to read as follows:
κ1985 Statutes of Nevada, Page 213 (CHAPTER 80, AB 36)κ
Sec. 3. NRS 612.340 is hereby amended to read as follows:
612.340 1. [A persons basic weekly benefit amount for any benefit year commencing on or after April 27, 1969, and prior to July 4, 1971, is an amount equal to one twenty-fifth of his total wages for employment by employers during the quarter of his base period in which the total wages were highest but not more than $47 per week, nor less than $16 per week, and if not a multiple of $1, it must be computed to the next higher multiple of $1.
2.] A persons weekly benefit amount, [for any benefit year commencing on or after July 4, 1971,] is an amount equal to one twenty-fifth of his total wages for employment by employers during the quarter of his base period in which the total wages were highest, but not less than $16 per week, nor more than the maximum weekly benefit amount determined as follows: On or before the 1st day of July of each year , [commencing with 1971,] the total wages reported for the preceding calendar year by employers subject to the provisions of this chapter must be divided by the average of the 12 mid-month totals of all workers in employment for employers as reported in that year. The average annual wage thus obtained must be divided by 52 and the average weekly wage thus determined must be rounded to the nearest cent. Fifty percent of [the] that average weekly wage, rounded to the nearest lower multiple of $1, if not a multiple of $1, [is] constitutes the maximum weekly benefit amount. In making this calculation, any tips which were included in reported wages must be excluded.
[3.] 2. The maximum weekly benefit amount as determined on or before July 1 of each year must be paid to persons whose benefit year commences on or after July 1 of that year and [prior to] before July 1 of the following year.
Sec. 45. Sections 20 and 24 of chapter 614, Statutes of Nevada 1983, at pages 1976 and 1977, respectively, are hereby amended to read respectively as follows:
Sec. 20. 1. The governor shall appoint a qualified person in the commission on economic development to serve as administrator.
2. The administrator shall:
(a) Administer this chapter.
(b) Submit reports evaluating the effectiveness of the programs established pursuant to this chapter together with any suggestions for legislation to the legislature by February 1 of every odd-numbered year. The reports must contain statistics concerning initial and current population, employment, per capita income, corporate income and the construction of housing for each specially benefited zone.
(c) Adopt all necessary regulations to carry out the provisions of this chapter.
κ1985 Statutes of Nevada, Page 214 (CHAPTER 80, AB 36)κ
Sec. 24. 1. A designating municipality may, by ordinance, delegate one or more of the services or functions described in subsection 2 to one or more qualified private organizations. For the purposes of this section, an organization is qualified if:
(a) Its constituency is composed substantially of residents of the specially benefited zone;
(b) It has a governing body elected by its constituents;
(c) It meets the requirements of paragraph (3) of subsection (c) of section 501 of the Internal Revenue Code; and
(d) It exists primarily to perform services within the zone for the benefit of its residents and businesses.
2. A designated neighborhood organization may be authorized to provide the following services or perform the following functions in coordination with the municipality:
(a) Provide or contract for the provision of public services including, but not limited to:
(1) The establishment of patrols to watch for crime in neighborhoods within the specially benefited zone.
(2) The establishment of volunteer day care centers.
(3) The organization of recreational activities for children living within the zone.
(4) Garbage collection.
(5) Street maintenance and improvement.
(6) The maintenance and improvement of parks, bridges and water and sewer lines.
(7) Projects for the conservation of energy.
(8) Health and clinical services.
(9) Programs to combat drug abuse.
(10) Programs to assist older residents of the zone.
(11) The rehabilitation, renovation, operation and maintenance of housing for persons of low and moderate income.
(12) Other types of public services as provided by ordinance.
(b) Exercise authority for the enforcement of any code, permit, or procedure for licensing within a specially benefited zone.
(c) Provide a forum for action by business, labor and government on innovations for the zone.
(d) Apply for regulatory relief under sections 26 and 27 of this act.
(e) Perform such other functions as the responsible governmental entity may deem appropriate, including offerings and contracts for insurance with businesses within the zone.
(f) Agree with local governments to provide these public services within the zone by contracting with private firms and organizations, where feasible and prudent.
(g) Solicit and receive contributions to improve the quality of life in the specially benefited zone.
κ1985 Statutes of Nevada, Page 215 (CHAPTER 80, AB 36)κ
Sec. 46. Chapter 615, Statutes of Nevada 1983, at page 1997, is hereby amended by adding thereto new sections designated as sections 9.4 and 9.7, respectively, immediately following section 9, to read respectively as follows:
Sec. 9.4. Section 13 of chapter 592, Statutes of Nevada 1983, at page 1895, is hereby amended to read as follows:
Sec. 13. NRS 466.100 is hereby amended to read as follows:
466.100 1. Any natural person, association or corporation desiring to conduct racing within the State of Nevada must apply to the state gaming control board for a license so to do. The application must be in such form and supply such data and information as the board prescribes.
2. The board shall investigate the applicant, and any other person whom it believes necessary to determine the applicants suitability to receive a license to conduct racing. The cost of the investigation must be paid by the applicant. The board shall recommend in writing to the Nevada gaming commission either approval or denial of the license. If denial is recommended, the board shall prepare and file with the commission its written reasons for that recommendation. If the board recommends denial, the Nevada gaming commission may grant the license only by unanimous vote of the members present.
3. Each license issued by the Nevada gaming commission to conduct horse racing must be conditioned upon the licensees approving any locations which may be established in this state for off-track pari-mutuel wagering as required by 15 U.S.C. § 3004(b)(1)(A) as enacted and as this subsection may be amended from time to time.
4. The Nevada gaming commission may revoke, modify or suspend a license , fine a licensee or refuse to issue a license if it has reasonable cause to believe that the public interest can best be served by such an action. [No license may be revoked or suspended until after a hearing held by that commission after notice in writing to the licensee or his agent or employee in charge of the licensed premises. The reasons for such an action must be written in full in the records of the commission. The action of the Nevada gaming commission in revoking, modifying, suspending or refusing to issue a license as requested by an applicant is subject to review by the courts of this state.] Any such action, except the refusal to issue a license, must comply with the procedures set forth in NRS 463.310 and 463.312. The judicial review provided in NRS 463.315 is available to any person aggrieved by the final decision of the Nevada gaming commission to revoke or suspend a license or fine a licensee.
[4.] 5. A license to conduct horse or dog racing issued by the Nevada gaming commission or the Nevada racing commission continues to be valid without renewal unless it is suspended or revoked or the licensee changes the location at which he conducts racing or ceases to conduct racing.
κ1985 Statutes of Nevada, Page 216 (CHAPTER 80, AB 36)κ
the Nevada gaming commission or the Nevada racing commission continues to be valid without renewal unless it is suspended or revoked or the licensee changes the location at which he conducts racing or ceases to conduct racing.
Sec. 9.7. Section 15 of chapter 592, Statutes of Nevada 1983, at page 1897, is hereby amended to read as follows:
Sec. 15. NRS 466.115 is hereby amended to read as follows:
466.115 A license [shall] must not be issued to conduct pari-mutuel wagering at a track which is less than 100 miles from another track at which pari-mutuel betting is already licensed to be conducted during the race meet of the track first licensed unless:
1. The second track is a county fair race meeting authorized by the commission which does not exceed 6 days in duration during that calendar year; or
2. One of the tracks has qualified for licensing under paragraph (b) of subsection 1 of section 3 of [this act.] chapter 615, Statutes of Nevada 1983.
Sec. 47. Section 29 of chapter 616, Statutes of Nevada 1983, at page 2010, is hereby amended to read as follows:
Sec. 29. NRS 318.1193 is hereby amended to read as follows:
318.1193 No district proposing to furnish television facilities, as provided in NRS 318.1192, may be organized which includes any area already served by a community antenna television company [which possesses a certificate of public convenience and necessity from the public service commission of Nevada unless] unless:
1. In counties having a population of less than 250,000, application is made to the public service commission of Nevada and the commission determines it necessary to revoke in whole or in part the certificate of the community antenna television company for the area involved [.] ; or
2. In counties having a population of 250,000 or more, the governing body of the local government which granted a franchise to the community antenna television company determines that both the company and the district may furnish service to that area.
Sec. 48. 1. Section 1 of chapter 617, Statutes of Nevada 1983, at page 2013, is hereby amended to read as follows:
Section 1. NRS 287.044 is hereby amended to read as follows:
287.044 1. A part of the cost of the premiums or contributions for that group insurance, not to exceed [$86.25 on a monthly basis,] the amount specified by law, applied to both group life and group accident or health coverage, for each public officer, except a senator or assemblyman, or employee electing to participate in the group insurance program, may be paid by the department, agency, commission or public agency which employs the officer or employee in whose behalf that part is paid from money appropriated to or authorized for that department, agency, commission or public agency for that purpose.
κ1985 Statutes of Nevada, Page 217 (CHAPTER 80, AB 36)κ
authorized for that department, agency, commission or public agency for that purpose. State participation in the cost of premiums or contributions must not exceed the amounts specified [in this subsection.] by law. If an officer or employee chooses to cover his dependents, whenever this option is made available by the committee on group insurance, he must pay the difference between the amount of the premium or contribution for the coverage for himself and his dependents and the amount paid by the state under this section.
2. A department, agency, commission or public agency shall not pay any part of those premiums if the group life insurance or group accident or health insurance is not approved by the committee on group insurance.
2. Chapter 617, Statutes of Nevada 1983, at page 2013, is hereby amended by adding thereto a new section to be designated as section 3, immediately following section 2, to read as follows:
Sec. 3. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1983.
Sec. 49. Section 12 of chapter 621, Statutes of Nevada 1983, at page 2043, is hereby repealed.
Sec. 50. 1. Sections 1 and 4 of chapter 624, Statutes of Nevada 1983, at pages 2048 and 2051, respectively, are hereby amended to read respectively 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] Except as provided in subsection 9, 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. Except for persons chosen by election or appointment to serve in elective offices of a political subdivision of this state, any such payment of 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 employees salaries.
3. 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.
κ1985 Statutes of Nevada, Page 218 (CHAPTER 80, AB 36)κ
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 [those] the contribution 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 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] shall 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. The State of Nevada shall pay the entire contribution on and after July 1, 1983, for:
(a) Members of the Nevada highway patrol;
(b) Inspectors or field agents of the motor carrier division of the department of motor vehicles; and
(c) Firemen in the division of forestry of the state department of conservation and natural resources,
who contribute to the police and firemens retirement fund.
κ1985 Statutes of Nevada, Page 219 (CHAPTER 80, AB 36)κ
Sec. 4. Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1983.
2. Section 2 of chapter 624, Statutes of Nevada 1983, at page 2050, is hereby repealed.
Sec. 51. Sections 56 and 83 of chapter 627, Statutes of Nevada 1983, at pages 2088 and 2095, respectively, are hereby amended to read respectively as follows:
Sec. 56. NRS 321.5967 is hereby amended to read as follows:
321.5967 1. There is hereby created a board of review composed of the:
(a) Director of the state department of conservation and natural resources;
(b) Administrator of the division of environmental protection of the state department of conservation and natural resources;
(c) [Administrator of the division of minerals of the state department of conservation and natural resources;] Executive director of the department of minerals;
(d) Administrator of the division of state parks of the state department of conservation and natural resources;
(e) State engineer;
(f) State forester firewarden;
(g) Chairman of the state environmental commission;
(h) Director of the department of energy;
(i) Executive director of the state department of agriculture;
(j) The chairman of the board of wildlife commissioners; and
(k) Administrator of the division of historic preservation and archeology of the state department of conservation and natural resources.
2. The chairman of the state environmental commission shall serve as chairman of the board.
3. The board shall meet at such times and places as are specified by a call of the chairman. Six members of the board constitute a quorum. The affirmative vote of a majority of the board members present is sufficient for any action of the board.
4. Except as provided in this subsection, the members of the board serve without compensation. The chairman of the state environmental commission and the chairman of the board of wildlife commissioners are entitled to receive a salary of $60 for each days attendance at a meeting of the board and the travel expenses and subsistence allowances provided by law for state officers.
5. The board:
(a) Shall review and approve or disapprove all regulations proposed by the state land registrar under NRS 321.597.
(b) May review any decision of the state land registrar made pursuant to NRS 321.596 to 321.599, inclusive, if an appeal is taken pursuant to NRS 321.5987, and affirm, modify or reverse the decision.
κ1985 Statutes of Nevada, Page 220 (CHAPTER 80, AB 36)κ
(c) Shall review any plan or statement of policy concerning the use of lands in Nevada under federal management which is submitted by the state land use planning agency.
Sec. 83. 1. This section shall become effective upon passage and approval.
2. Section 52 of this act shall become effective upon passage and approval for the purpose of imposing and collecting the administrative fee provided in subsection 2 of that section.
3. For all other purposes:
(a) Sections 1 to 51, inclusive, 53, 54, 55, 57 to 78, inclusive, 80, 81, and 82 of this act shall become effective July 1, 1983.
(b) Sections 52 and 56 of this act shall become effective at 12:01 a.m. on July 1, 1983.
(c) Section 79 of this act shall become effective on June 1, 1983.
Sec. 52. Section 3 of chapter 629, Statutes of Nevada 1983, at page 2100, is hereby repealed.
Sec. 53. This act becomes effective upon passage and approval.
________
Assembly Bill No. 218Committee on Government Affairs
CHAPTER 81
AN ACT relating to public securities; repealing the requirements of registration which are duplicative of federal law; and providing other matters properly relating thereto.
[Approved April 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 349.258, 350.612 and 396.8535 are hereby repealed.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 59Committee on Judiciary
CHAPTER 82
AN ACT relating to statutes; making technical corrections to certain inappropriate or inaccurate statutory terms; repealing obsolete provisions; and providing other matters properly relating thereto.
[Approved April 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The preliminary chapter of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
κ1985 Statutes of Nevada, Page 221 (CHAPTER 82, SB 59)κ
Sec. 2. Except as used in chapter 106 of NRS and unless the context otherwise requires, mortgage includes a deed of trust.
Sec. 3. Unless the context otherwise requires, substantial bodily harm means:
1. Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ; or
2. Prolonged physical pain.
Sec. 4. NRS 0.035 is hereby amended to read as follows:
0.035 [Whenever used in the Statutes of Nevada and Nevada Revised Statutes, the terms] The term board of county commissioners, or board, when referring to the boards of county commissioners of the several counties, includes the board of supervisors of Carson City.
Sec. 5. 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 [.] and homeopathy.
2. The terms physician, osteopathic physician, homeopathic physician and chiropractic physician are used in chapters 630, 630A, 633 and 634 of NRS in the limited senses prescribed by those chapters respectively.
Sec. 6. NRS 2.150 is hereby amended to read as follows:
2.150 [The supreme court shall hold its sessions at the capital of the state.] If a room in which to hold the court, together with attendants, fuel, lights and stationery, suitable and sufficient for the transaction of business, [be] is not provided by the state, the court may direct the sheriff of [Carson City] any county where the session is held to provide [such] a room, attendants, fuel, lights and stationery, and the [expense thereof shall] expenses must be paid out of the state treasury.
Sec. 7. NRS 2.250 is hereby amended to read as follows:
2.250 1. The clerk of the supreme court may demand and receive for his services rendered in discharging the duties imposed upon him by law the following fees:
(a) Whenever any appeal from the final judgment or any order of a district court is taken to the supreme court, or whenever any special proceeding by way of mandamus, certiorari, prohibition, quo warranto, habeas corpus, or otherwise, is brought in or to the supreme court, the appellant and any cross-appellant or the party bringing a special proceeding shall, at or before the filing of the transcript on [such] the appeal, cross-appeal or petition in [such] a special proceeding in the supreme court, pay the clerk of the supreme court the sum of $100, which payment is in full of all fees of the clerk of the supreme court in the action or special proceeding.
(b) No fees may be charged by the clerk in any action brought in or to the supreme court wherein the state, or any county, city or town thereof, or any officer or commission thereof is a party in his or its official capacity, against the officer or commission.
κ1985 Statutes of Nevada, Page 222 (CHAPTER 82, SB 59)κ
thereof, or any officer or commission thereof is a party in his or its official capacity, against the officer or commission.
(c) In habeas corpus proceedings of a criminal or quasi-criminal nature no fees may be charged.
(d) A fee of $30 for supreme court decisions in pamphlet form for each fiscal year, or a fee of $15 for less than 6 months supply of [such] decisions, to be collected from any person except those persons and agencies mentioned in NRS 2.345.
2. No other fees may be charged than those specially set forth in this section nor may fees be charged for any other services than those mentioned in this section.
3. The clerk of the supreme court shall keep in his office a fee book in which he shall enter in detail the title of the matter, proceeding or action, and the fees charged therein. The fee book must be open to public inspection.
4. The clerk of the supreme court shall publish and set up in some conspicuous place in his office a fee table for public inspection. He shall forfeit a sum not exceeding $20 for each day of his omission to do so, which sum with costs may be recovered by any person by an action before any justice of the peace of the same county.
5. All fees prescribed in this section must be paid in advance, if demanded. If the clerk of the supreme court has not received any or all of his fees which may be due him for services rendered by him in any suit or proceeding, he may have execution therefor in his own name against the party [or parties] from whom they are due, to be issued from the supreme court upon order of a justice thereof or the court upon affidavit filed.
6. The clerk of the supreme court shall give a receipt on demand of any party paying a fee. The receipt must specify the title of the cause in which the fee is paid and the date and the amount of the payment.
7. The clerk of the supreme court shall, when he deposits with the state treasurer money received by him for court fees, render to the state treasurer a brief note of the cases in which the money was received.
8. If the clerk of the supreme court violates any of the provisions of subsections 2 and 3 of this section, he [is guilty of a misdemeanor, and upon conviction thereof] shall be fined in any sum not exceeding $1,000.
9. If the clerk of the supreme court takes more or greater fees than are allowed in this section he is liable to indictment, and on conviction he [shall] must be removed from office and fined in any sum not exceeding $1,000.
Sec. 8. NRS 3.160 is hereby amended to read as follows:
3.160 Upon the certification by any district judge of any judicial district or by the county clerk of any county to the director of the legislative counsel bureau certifying that certain volumes of the Statutes of Nevada [statutes] or Nevada Reports are missing from the library of any district judge, the legislative counsel bureau shall furnish, free of charge from the supply on hand, to the district judge [or judges] in any judicial district, the missing volumes of the Statutes of Nevada [statutes] or Nevada Reports [.
κ1985 Statutes of Nevada, Page 223 (CHAPTER 82, SB 59)κ
judicial district, the missing volumes of the Statutes of Nevada [statutes] or Nevada Reports [. The missing volumes shall be furnished] for use by the district judge in the district judges library.
Sec. 9. NRS 4.215 is hereby amended to read as follows:
4.215 A justice of the peace in a township having a population of more than 60,000 [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] may not act as attorney or counsel in any court except in an action or proceeding to which he is a party on the record.
Sec. 10. NRS 19.013 is hereby amended to read as follows:
19.013 1. Each county clerk shall charge and collect the following fees:
On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, [in addition to the court fee prescribed by NRS 19.020,] to be paid by the party commencing the action, proceeding or transfer............................................................................. $47
On an appeal to the district court of any case from a justices court or a municipal court, or on the transfer of any case from a justices court or a municipal court [, in addition to the court fee prescribed by NRS 19.020]........ 35
On the filing of a petition for letters testamentary, letters of administration, setting aside an estate without administration, or a guardianship, which fee includes the court fee prescribed by NRS 19.020, to be paid by the petitioner:
Where the stated value of the estate is more than $1,000........ 65
Where the stated value of the estate is $1,000 or less, no fee may be charged or collected.
On the filing of a petition to contest any will or codicil, to be paid by the petitioner ..................................................................................................................... 37
On the filing of an objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any answer in an estate or guardianship matter.................................. 37
On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them............................................................................................................ 37
For filing a notice of appeal.............................................................................. 20
For issuing a transcript of judgment and certifying thereto....................... 2 For preparing any copy of any record, proceeding or paper, for each page....................................................................... $1
κ1985 Statutes of Nevada, Page 224 (CHAPTER 82, SB 59)κ
For preparing any copy of any record, proceeding or paper, for each page $1
For each certificate of the clerk, under the seal of the court.... 2
For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate........................ 4
For filing and indexing articles of incorporation........................................... 10
For each amendment, acceptance of appointment of a resident agent, list of officers, dissolution or reinstatement [or bond companies] ................................................................................................... 5
For filing all papers to be kept by him, not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity............................................................. 10
For issuing any certificate under seal, not otherwise provided for............ 5
For searching records or files in his office, for each year............................ 1
For filing and recording a bond of a notary public, per name..................... 10
2. All fees prescribed in this section are payable in advance if demanded by the county clerk.
3. The fees set forth in subsection 1 are in full for all services rendered by the county clerk in the case for which the fees are paid, to and including the making up of the judgment roll, but [such] the fees do not include payment for typing, copying, certifying or exemplifying or authenticating copies.
4. No fee may be charged any attorney and counselor at law [duly] admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee may be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.
5. Each county clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.
Sec. 11. NRS 21.020 is hereby amended to read as follows:
21.020 The writ of execution [shall] must be issued in the name of the State of Nevada, sealed with the seal of the court, and subscribed by the clerk, and [shall] must be directed to the sheriff; and [shall intelligently] must intelligibly refer to the judgment, stating the court, the county where the judgment roll is filed, the names of the parties, the judgment, and if it [be] is for money, the amount thereof, and the amount actually due thereon; and if made payable in a specified kind of money or currency, as provided in NRS 17.120, the [execution shall] writ must also state the kind of money or currency in which the judgment is payable, and [shall] must require the sheriff substantially as follows:
κ1985 Statutes of Nevada, Page 225 (CHAPTER 82, SB 59)κ
writ must also state the kind of money or currency in which the judgment is payable, and [shall] must require the sheriff substantially as follows:
1. If it [be] is against the property of the judgment debtor, it [shall] must require the sheriff to satisfy the judgment, with interest, out of the personal property of [such] the debtor, and, if sufficient personal property cannot be found, then out of his real property; or if the judgment [be] is a lien upon real property, then out of the real property belonging to him on the day when the abstract or certified copy of the judgment or decree was recorded in the office of the county recorder of the particular county to [the sheriff of which such execution is] whose sheriff the writ was issued, stating [such] the day, or out of [such] the real property afterward acquired by him before the lien expires.
2. If it [be] is against real or personal property in the hands of the personal representatives, heirs, devisees, legatees, tenants of real property, or trustees, it [shall] must require the sheriff to satisfy the judgment, with interest, out of [such] the property.
3. If it [be] is against the person of the judgment debtor, it [shall] must require the sheriff to arrest [such] the debtor and commit him to the jail of the county until he [pay] pays the judgment, with interest, or [be] it is discharged according to law.
4. If it [be] is issued on a judgment made payable in a specified kind of money or currency, as provided in NRS 17.120, [it shall] the writ must also require the sheriff to satisfy [the same] it in the kind of money or currency in which the judgment is made payable, and the sheriff shall refuse payment in any other kind of money or currency; and in case of levy and sale of the property of the judgment debtor, he shall refuse payment from any purchaser at [such] the sale in any other kind of money or currency than that specified in the [execution;] writ; the sheriff collecting money or currency in the manner required by this chapter shall pay to the [plaintiff, or party entitled to recover the same,] person entitled thereto, the same kind of money or currency received by him, and in case of neglect or refusal so to do, he [shall be] is liable on his official bond to the judgment creditor in three times the amount of money so collected.
5. If it [be] is for the delivery of the possession of real or personal property, it [shall] must require the sheriff to deliver the possession of the [same,] property, particularly describing it, to the [party] person entitled thereto, and may at the same time require the sheriff to satisfy any costs, damages, rents or profits, recovered by the same judgment out of the personal property of the party against whom it was rendered, and the value of the property for which the judgment was recovered to be specified therein; if a delivery thereof cannot be had, and if sufficient personal property cannot be found, then out of real property, as provided in subsection 1 of this section.
Sec. 12. NRS 33.015 is hereby amended to read as follows:
33.015 Whenever it appears that a defendant or other person is doing, about to do, threatening to do or procuring to be done some act against a victim of a crime or a witness in violation of any provision of NRS 199.230, [199.235,] 199.240 or 199.305, a court of competent jurisdiction may issue an injunction restraining the defendant or other person from the commission or continuance of that act.
κ1985 Statutes of Nevada, Page 226 (CHAPTER 82, SB 59)κ
doing, about to do, threatening to do or procuring to be done some act against a victim of a crime or a witness in violation of any provision of NRS 199.230, [199.235,] 199.240 or 199.305, a court of competent jurisdiction may issue an injunction restraining the defendant or other person from the commission or continuance of that act.
Sec. 13. Chapter 40 of NRS is hereby amended by adding thereto the provisions set forth as sections 14 to 19, inclusive, of this act.
Sec. 14. A tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when having leased:
1. Real property, except as provided in subsection 2 or 3, or a mobile home for an indefinite time, with monthly or other periodic rent reserved, he continues in possession thereof, in person or by subtenant, without the landlords consent after the expiration of a notice of:
(a) For tenancies from week to week, at least 7 days;
(b) For all other periodic tenancies, at least 30 days; or
(c) For tenancies at will, at least 5 days.
2. A dwelling unit subject to the provisions of chapter 118A of NRS, he continues in possession, in person or by subtenant, without the landlords consent after expiration of:
(a) The term of the rental agreement or its termination and, except as otherwise provided in paragraph (b), the expiration of a notice of at least 7 days for tenancies from week to week and 30 days for all other periodic tenancies; or
(b) A notice of at least 5 days where the tenant has failed to perform his basic or contractual obligations under chapter 118A of NRS.
3. A mobile home lot subject to the provisions of chapter 118B of NRS, he continues in possession, in person or by subtenant, without the landlords consent, after notice has been given pursuant to NRS 118B.190 and the period of the notice has expired.
Sec. 15. A tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when he continues in possession, in person or by subtenant, after default in the payment of any rent and after a notice in writing, requiring in the alternative the payment of the rent or the surrender of the detained premises, remains uncomplied with for a period of 5 days, or in the case of a mobile home lot, 10 days after service thereof. The notice may be served at any time after the rent becomes due.
Sec. 16. A tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when he assigns or sublets the leased premises contrary to the covenants of the lease, or commits or permits waste thereon, or when he sets up or carries on therein or thereon any unlawful business, or when he suffers, permits or maintains on or about the premises any nuisance, and remains in possession after service upon him of 3 days notice to quit.
Sec. 17. A tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer when he continues in possession, in person or by subtenant, after a neglect or failure to perform any condition or covenant of the lease or agreement under which the property or mobile home is held, other than those mentioned in NRS 40.250 and sections 14 to 19, inclusive, of this act, and after notice in writing, requiring in the alternative the performance of the condition or covenant or the surrender of the property, served upon him, and, if there is a subtenant in actual occupation of the premises, also upon the subtenant, remains uncomplied with for 5 days after the service thereof.
κ1985 Statutes of Nevada, Page 227 (CHAPTER 82, SB 59)κ
property or mobile home is held, other than those mentioned in NRS 40.250 and sections 14 to 19, inclusive, of this act, and after notice in writing, requiring in the alternative the performance of the condition or covenant or the surrender of the property, served upon him, and, if there is a subtenant in actual occupation of the premises, also upon the subtenant, remains uncomplied with for 5 days after the service thereof. Within 3 days after the service, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person, interested in its continuance, may perform the condition or covenant and thereby save the lease from forfeiture; but if the covenants and conditions of the lease, violated by the lessee, cannot afterwards be performed, then no notice need be given.
Sec. 18. In addition to the remedy provided in section 14 of this act and in NRS 40.290 to 40.420, inclusive, when the tenant of a dwelling unit subject to the provisions of chapter 118A of NRS or of a mobile home is guilty of an unlawful detainer, the landlord is entitled to the summary procedures provided in NRS 40.253 except that:
1. Written notice to surrender the premises must:
(a) Be given to the tenant in accordance with the provisions of NRS 40.280; and
(b) Advise the tenant of his right to contest the notice by filing within 5 days an affidavit with the justice of the peace that he is not guilty of an unlawful detainer.
2. The affidavit of the landlord or his agent submitted to the justice of the peace must contain:
(a) The date when the tenancy commenced, the term of the tenancy, and, if any, a copy of the rental agreement.
(b) The date when the tenancy or rental agreement allegedly terminated.
(c) The date when the tenant became subject to the provisions of sections 14 to 17, inclusive, of this act, together with any supporting facts.
(d) The date when the written notice was given, a copy of the notice and a statement that notice was served in accordance with NRS 40.280.
(e) A statement that the claim for relief was authorized by law.
Sec. 19. For the purposes of NRS 40.250 and sections 14 to 19, inclusive, of this act:
1. It is unlawful for a landlord to attempt by contract or other agreement to shorten the specified periods of notice and any such contract or agreement is void.
2. Notice to quit or surrender the premises which was given by one colessor of real property or a mobile home is valid unless it is affirmatively shown that one or more of the other colessors did not authorize the giving of the notice.
Sec. 20. NRS 40.250 is hereby amended to read as follows:
40.250 [1.] A tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer [:
(a) Possession after expiration of term. Where] when he continues in possession, in person or by subtenant, of the property or mobile home or any part thereof, after the expiration of the term for which it is let to him.
κ1985 Statutes of Nevada, Page 228 (CHAPTER 82, SB 59)κ
home or any part thereof, after the expiration of the term for which it is let to him. In all cases where real property is leased for a specified term or period, or by express or implied contract, whether written or parol, the tenancy terminates without notice at the expiration of the specified term or period.
[(b) Possession after notice. When, having leased:
(1) Real property, except as provided in subparagraph (2) or (3), or a mobile home for an indefinite time, with monthly or other periodic rent reserved, he continues in possession thereof, in person or by subtenant, without the landlords consent after expiration of a notice of at least 7 days in cases of tenancies from week to week and 30 days for all other periodic tenancies; or, in cases of tenancy at will, where he remains in possession of such premises after the expiration of a notice of not less than 5 days;
(2) A dwelling unit subject to the provisions of chapter 118A of NRS he continues in possession, in person or by subtenant, without the landlords consent after expiration of:
(I) The term of the rental agreement or its termination; and
(II) Except as otherwise provided in sub-subparagraph (III), a notice of at least 7 days in cases of tenancies from week to week and 30 days for all other periodic tenancies.
(III) A notice of 5 days where the tenant has failed to perform his basic or contractual obligations under chapter 118A of NRS; or
(3) A mobile home lot subject to the provisions of chapter 118B of NRS he continues in possession, in person or by subtenant, without the landlords consent, after notice has been given pursuant to NRS 118B.210 and the period of the notice has expired.
(c) Possession after default in rent. When he continues in possession, in person or by subtenant, after default in the payment of any rent and after a notice in writing, requiring in the alternative the payment of the rent or the surrender of the detained premises, remains uncomplied with for a period of 5 days, or in the case of a mobile home lot, 10 days after service thereof. The notice may be served at any time after the rent becomes due.
(d) Assignment, sublease contrary to covenants of lease; waste; nuisance. When he assigns or sublets the leased premises contrary to the covenants of the lease, or commits or permits waste thereon, or when he sets up or carries on therein or thereon any unlawful business, or when he suffers, permits or maintains on or about the premises any nuisance, and remains in possession after service upon him of 3 days notice to quit.
(e) Possession after failure to perform conditions of lease. When he continues in possession, in person or by subtenant, after a neglect or failure to perform any condition or covenant of the lease or agreement under which the property or mobile home is held, other than those hereinbefore mentioned, and after notice in writing, requiring in the alternative the performance of such condition or covenant or the surrender of the property, served upon him, and, if there be a subtenant in actual occupation of the premises, also upon such subtenant, remains uncomplied with for 5 days after the service thereof.
κ1985 Statutes of Nevada, Page 229 (CHAPTER 82, SB 59)κ
occupation of the premises, also upon such subtenant, remains uncomplied with for 5 days after the service thereof. Within 3 days after the service, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person, interested in its continuance, may perform the condition or covenant and thereby save the lease from forfeiture; but if the covenants and conditions of the lease, violated by the lessee, cannot afterwards be performed, then no notice need be given.
2. The periods of time contained in subsection 1 are minimal, and any attempt by the landlord to shorten those periods by contract or otherwise is void and unlawful.
3. In addition to the remedy provided by paragraph (b) of subsection 1 and by NRS 40.290 to 40.420, inclusive, when the tenant of a dwelling unit subject to the provisions of chapter 118A of NRS or of a mobile home is guilty of an unlawful detainer, the landlord is entitled to the summary procedures provided in NRS 40.253 except that:
(a) Written notice to surrender the premises must:
(1) Be given to the tenant in accordance with the provisions of NRS 40.280; and
(2) Advise the tenant of his right to contest the notice by filing within 5 days an affidavit with the justice of the peace that he is not guilty of an unlawful detainer.
(b) The affidavit of the landlord or his agent submitted to the justice of the peace must contain:
(1) The date when the tenancy commenced, the term of the tenancy, and, if any, a copy of the rental agreement.
(2) The date when the tenancy or rental agreement allegedly terminated.
(3) The date when the tenant became subject to the provisions of subsection 1 together with any supporting facts.
(4) The date when the written notice was given, a copy of the notice and a statement that notice was served in accordance with NRS 40.280.
(5) A statement that the claim for relief was authorized by law.
4. For the purposes of this section, unless it is affirmatively shown that one or more colessors of real property or a mobile home did not authorize the giving of a notice to quit or surrender the premises, the notice is valid.]
Sec. 21. NRS 40.253 is hereby amended to read as follows:
40.253 1. Except as provided in subsection 4, in addition to the remedy provided [by paragraph (c) of subsection 1 of NRS 40.250 and by] in section 15 of this act and in NRS 40.290 to 40.420, inclusive, when the tenant of any dwelling, apartment, mobile home or commercial premises with periodic rent reserved by the month or any shorter period, is in default in payment of the rent, the landlord or his agent, unless otherwise agreed in writing, may serve or have served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises at or before noon of the fifth full day following the day of service.
κ1985 Statutes of Nevada, Page 230 (CHAPTER 82, SB 59)κ
the day of service. The notice must advise the tenant of his right to contest the matter by filing, within 5 days, an affidavit with the justice of the peace that he has tendered payment or is not in default in the payment of the rent. If the tenant timely files the affidavit stating that he has either tendered payment of or paid the rent, the landlord or his agent, after receipt of a file-stamped copy of the affidavit which was filed, shall not provide for the nonadmittance of the tenant to the premises by locking or otherwise.
2. Upon noncompliance with the notice:
(a) The landlord or his agent may apply by affidavit to the justice of the peace of the township wherein the dwelling, apartment, mobile home or commercial premises are located. The justice of the peace may thereupon issue an order directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order. The affidavit provided for in this paragraph must contain:
(1) The date the tenancy commenced.
(2) The amount of periodic rent reserved.
(3) The amounts of any cleaning, security or rent deposits paid in advance, in excess of the first months rent, by the tenant.
(4) The date the rental payments became delinquent.
(5) The length of time the tenant has remained in possession without paying rent.
(6) The amount of rent claimed due and delinquent.
(7) A statement that the written notice was served on the tenant in accordance with NRS 40.280.
(8) A copy of the written notice served on the tenant.
(9) A copy of the signed written rental agreement, if any.
(b) Except where the tenant has timely filed the affidavit described in subsection 1 and a file-stamped copy of it has been received by the landlord or his agent, the landlord or his agent may, in a peaceable manner, provide for the nonadmittance of the tenant to the premises by locking or otherwise.
3. Upon the filing by the tenant of the affidavit permitted in subsection 1 and the filing by the landlord of the affidavit required by subsection 2, the justice of the peace shall hold a hearing, after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section. If the justice of the peace determines that there is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful detainer, the justice of the peace may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant pursuant to subsection 2. If the justice of the peace determines that there is a legal defense as to the alleged unlawful detainer, he shall refuse to grant either party any relief, and shall require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive. The issuance of a summary order for removal of the tenant does not preclude an action by the tenant for any damages or other relief to which he may be entitled.
κ1985 Statutes of Nevada, Page 231 (CHAPTER 82, SB 59)κ
4. This section does not apply to the tenant of a mobile home lot in a mobile home park.
Sec. 22. NRS 40.280 is hereby amended to read as follows:
40.280 1. The notices required by NRS [40.250,] 40.253, 40.255 , [and] 40.260 and sections 14 to 19, inclusive, of this act, may be served either:
(a) By delivering a copy to the tenant personally; [or]
(b) If he is absent from his place of residence or from his usual place of business, by leaving a copy with [some] a person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his place of residence or place of business; or
(c) If [such] the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, then by fixing a copy in a conspicuous place on the leased property and also delivering a copy to a person there residing, if [such] the person can be found, and also sending a copy through the mail addressed to the tenant at the place where the leased property is situated.
2. Service upon a subtenant may be made in the same manner as provided in subsection 1.
Sec. 23. NRS 41.325 is hereby amended to read as follows:
41.325 After any proceeding in which a person, previously adjudicated to be insane, is adjudicated to be sane, the clerk shall immediately notify the [institute director] administrative officer and the medical director of the Nevada mental health institute of [such] the adjudication.
Sec. 24. NRS 47.140 is hereby amended to read as follows:
47.140 The laws subject to judicial notice are:
1. The Constitution and statutes of the United States, and the contents of the Federal Register.
2. The constitution of this state and Nevada Revised Statutes.
3. Any other statute of this state if brought to the attention of the court by its title and the day of its passage.
4. A county, city or town code which has been filed as required by NRS 244.118, [266.160,] 268.014, 269.168 or the city charter and any city ordinance which has been filed or recorded as required by the applicable law.
5. A regulation of an agency of this state which has been adopted and filed pursuant to chapter 233B of NRS.
6. The class and organization of a city incorporated under general law.
7. The constitution, statutes or other written law of any other state or territory of the United States, or of any foreign jurisdiction, as contained in a book or pamphlet published by its authority or proved to be commonly recognized in its courts.
Sec. 25. NRS 66.010 is hereby amended to read as follows:
66.010 Actions in justices courts must be commenced, and, subject to the right to change the place of trial as provided in this chapter, must be tried:
κ1985 Statutes of Nevada, Page 232 (CHAPTER 82, SB 59)κ
to the right to change the place of trial as provided in this chapter, must be tried:
1. If there is no justices court for the township [or city] in which the defendant resides, in any [city or] township of the county in which he resides.
2. When two or more persons are jointly, or jointly and severally, bound in any debt or contract, or otherwise jointly liable in the same action, and reside in different townships [or different cities] of the same county, or in different counties, in the township [or city] in which any of the persons liable may reside.
3. In cases of injury to the person or property, in the township [or city] where the injury was committed or where the defendant resides.
4. If for the recovery of personal property or the value thereof, or damages for taking or detaining the same, in the township [or city] in which the property may be found or in which the property was taken, or in which the defendant resides.
5. When the defendant is a nonresident of the county, in any township [or city] wherein he may be found.
6. When the defendant is a nonresident of the state, in any township [or city] in the state.
7. When a person has contracted to perform an obligation at a particular place, and resides in another [county, township or city,] township, in the township [or city] in which [such] the obligation is to be performed, or in which he resides . [; and the] The township [or city] in which the obligation is incurred shall be deemed to be the township [or city] in which it is to be performed, unless there is a special contract to the contrary.
8. When the parties voluntarily appear and plead without summons, in any township . [or city in the state.]
9. In all other cases, in the township [or city] in which the defendant resides.
Sec. 26. NRS 66.020 is hereby amended to read as follows:
66.020 1. The court may, at any time before the trial, on motion, change the place of trial in the following cases:
(a) When it appears to the satisfaction of the justice before whom the action is pending, by affidavit of either party, that the justice is a material witness for either party.
(b) When either party makes and files an affidavit that he believes that he cannot have a fair and impartial trial before the justice by reason of the interest, prejudice or bias of the justice.
(c) When a jury has been demanded, and either party makes and files an affidavit that he cannot have a fair and impartial trial on account of the bias or prejudice of the citizens of the township [or city] against him.
(d) When from any cause the justice is disqualified from acting.
(e) When the justice is sick or unable to act.
2. In lieu of changing the place of trial, the justice before whom the action is pending may for any of the cases mentioned in subsection 1 call another justice of the county to conduct the trial.
κ1985 Statutes of Nevada, Page 233 (CHAPTER 82, SB 59)κ
Sec. 27. NRS 73.010 is hereby amended to read as follows:
73.010 In all cases arising in the justices court for the recovery of money only, where the amount claimed does not exceed $1,000 and the defendant named is a resident of the township [or city and county] in which the action is to be maintained, the justice of the peace may proceed as provided in this chapter and by rules of court.
Sec. 28. NRS 78.150 is hereby amended to read as follows:
78.150 1. Each corporation organized under the laws of this state shall, on or before the last day of the month in which the anniversary date of incorporation occurs in each year, file with the secretary of state a list of its officers and directors and a designation of its resident agent in this state, certified by the president, secretary or other officer of the corporation.
2. Upon filing the list of officers and directors and designation of resident agent, the corporation shall pay to the secretary of state a fee of $30.
3. The secretary of state shall, 60 days before the last day for filing the list required by subsection 1, cause to be mailed to each corporation required to comply with the provisions of NRS 78.150 to [78.190,] 78.185, inclusive, and which has not become delinquent, the blank forms to be completed and filed with the secretary of state. Failure of any corporation to receive the forms does not excuse it from the penalty imposed by law.
Sec. 29. NRS 78.165 is hereby amended to read as follows:
78.165 1. Every list required to be filed under the provisions of NRS 78.150 to [78.190, inclusive, shall] 78.185, inclusive, must, after the name of each officer and director listed thereon, set forth the post office box or street address of each officer and director.
2. [If such addresses be not thus stated in respect of all such listed persons,] If the addresses are not stated for each person on any list offered for filing, the secretary of state may refuse to file the [same,] list, and the corporation for which the list has been offered for filing [shall be] is subject to all the provisions of NRS 78.150 to [78.190,] 78.185, inclusive, relating to failure to file [such] the list within or at the times therein specified, unless [such] a list [be] is subsequently submitted for filing [conformably] which conforms to the provisions of NRS 78.150 to [78.190,] 78.185, inclusive.
Sec. 30. NRS 78.170 is hereby amended to read as follows:
78.170 1. Each corporation required to make [the filings] a filing and pay the fee [provided] prescribed in NRS 78.150 to [78.190,] 78.185, inclusive, which refuses or neglects to do so within the time provided shall be deemed in default.
2. For default there [shall] must be added to the amount of the fee a penalty of $10, and unless the [filings are] filing is made and the fee and penalty are paid on or before the 1st day of the 9th month following the month in which filing was required, the defaulting corporation , [shall,] by reason of its default, [forfeit:] forfeits:
κ1985 Statutes of Nevada, Page 234 (CHAPTER 82, SB 59)κ
(a) The amount of the fee and penalty to the State of Nevada; and
(b) Its right to transact any business within this state.
The fee and penalty [shall] must be collected as provided in this chapter.
Sec. 31. NRS 78.180 is hereby amended to read as follows:
78.180 1. Subject to the provisions of subsections 3 and 4, the secretary of state is authorized:
(a) To reinstate any corporation which has forfeited its right to transact business under the provisions of NRS 78.150 to [78.190,] 78.185, inclusive; and
(b) To restore to the corporation its right to carry on business in this state, and to exercise its corporate privileges and immunities, upon the filing with the secretary of state of an affidavit stating the reason for the revocation of its charter, and upon payment to the secretary of state of all filing fees, licenses, penalties, costs and expenses due and in arrears at the time of the revocation of its charter, and also all filing fees, licenses and penalties which have accrued since the revocation of its charter.
2. When payment is made and the secretary of state reinstates the corporation to its former rights he shall:
(a) Immediately issue and deliver to the corporation a certificate of reinstatement authorizing it to transact business as if the filing fee had been paid when due; and
(b) Upon demand, issue to the corporation one or more certified copies of the certificate of reinstatement, a copy of which [shall] must be filed in the office of the county clerk of the county in which the principal place of business of the corporation is located or in any other county in which it owns, holds or leases property or transacts business.
3. The secretary of state shall not order a reinstatement unless all delinquent fees, penalties and costs have been paid, and the revocation of the charter occurred only by reason of failure to pay the fees, penalties and costs.
4. If a corporate charter has been revoked pursuant to the provisions of NRS 78.175 and has remained revoked for a period of 10 consecutive years, the charter [shall] must not be reinstated.
Sec. 32. NRS 80.110 is hereby amended to read as follows:
80.110 1. Each foreign corporation doing business in this state shall, on or before the last day of the month in which the anniversary date of its qualification to do business in this state occurs in each year, file with the secretary of state a list of its officers and directors and a designation of its resident agent in this state, certified by the president, secretary or other officer of the corporation.
2. Upon filing the list and designation, the corporation shall pay to the secretary of state a fee of $30.
3. The secretary of state shall, 60 days before the last day for filing the list required by subsection 1, cause to be mailed to each corporation required to comply with the provisions of NRS 80.110 to [80.180,] 80.170, inclusive, and which has not become delinquent, the blank forms to be completed and filed with the secretary of state.
κ1985 Statutes of Nevada, Page 235 (CHAPTER 82, SB 59)κ
80.170, inclusive, and which has not become delinquent, the blank forms to be completed and filed with the secretary of state. Failure of any corporation to receive the forms does not excuse it from the penalty imposed by the provisions of NRS 80.110 to [80.180,] 80.170, inclusive.
Sec. 33. NRS 80.140 is hereby amended to read as follows:
80.140 1. Every list required to be filed under the provisions of NRS 80.110 to [80.180, inclusive, shall,] 80.170, inclusive, must, after the name of each officer and director listed thereon, set forth the post office box or street address of each officer and director.
2. [If such addresses be not thus stated in respect to all such listed persons] If the addresses are not stated for each person on any list offered for filing, the secretary of state may refuse to file the [same,] list, and the corporation for which the list has been offered for filing [shall be] is subject to all the provisions of NRS 80.110 to [80.180,] 80.170, inclusive, relating to failure to file [such] the list within or at the times therein specified, unless [such] a list is subsequently submitted for filing [conformably] which conforms to the provisions of NRS 80.110 to [80.180,] 80.170, inclusive.
Sec. 34. NRS 80.150 is hereby amended to read as follows:
80.150 1. Any corporation required to make a filing and pay the fee prescribed in NRS 80.110 to [80.180,] 80.170, inclusive, which refuses or neglects to do so within the time provided, shall be deemed in default.
2. For [a] default there [is] must be added to the amount of the fee a penalty of $10, and unless the filing is made and the fee and penalty are paid on or before the 1st day of the 2nd month following the month in which filing was required, the defaulting corporation by reason of its default, forfeits:
(a) The amount of the fee and penalty to the State of Nevada; and
(b) Its right to transact any business within this state.
The fee and penalty must be collected as provided in this chapter.
Sec. 35. NRS 80.170 is hereby amended to read as follows:
80.170 1. Subject to the provisions of subsections 3 and 4, the secretary of state is authorized:
(a) To reinstate any corporation which has forfeited or which [shall forfeit] forfeits its right to transact business under the provisions of NRS 80.110 to [80.180,] 80.170, inclusive; and
(b) To restore to [such] the corporation its right to carry on business in this state, and to exercise its corporate privileges and immunities, upon the filing with the secretary of state of an affidavit stating the reason for the forfeiture of its right to transact business, and upon payment to the secretary of state of all filing fees, licenses, penalties, costs and expenses due and in arrears at the time of the forfeiture of its right to carry on business, and also all filing fees, licenses and penalties which have accrued since the forfeiture of its right to transact business.
2. In case [such] payment is made and the secretary of state reinstates the corporation to its former rights he shall:
κ1985 Statutes of Nevada, Page 236 (CHAPTER 82, SB 59)κ
(a) Immediately issue and deliver to the corporation so reinstated a certificate of reinstatement authorizing it to transact business in the same manner as if the filing fee had been paid when due; and
(b) Upon demand, issue to the corporation one or more certified copies of [such] the certificate of reinstatement, a copy of which [shall] must be filed or microfilmed in the office of the county clerk of the county in which the principal place of business of [such] the corporation is located or in any other county in which it may own, hold or lease property or transact business.
3. [In no case shall the] The secretary of state shall not order a reinstatement unless all [such] delinquent fees, penalties and costs have been paid, and [such] the revocation of the right to transact business occurred only by reason of failure to pay [such] the fees, penalties and costs.
4. If the right of a corporation to carry on business in this state has been annulled pursuant to the provisions of NRS 80.160 and has remained annulled for a period of 10 consecutive years, [such right shall not be] the right is not subject to reinstatement.
5. At least 30 days before the right of a corporation to reinstatement is due to expire pursuant to the provisions of subsection 4, the secretary of state shall send notice [of such fact] to the last registered agent of [such] the corporation or to the last president of the corporation. The notice [shall] must state the conditions under which reinstatement may be granted [prior to] before the expiration of the 10-year period.
Sec. 36. NRS 104.9302 is hereby amended to read as follows:
104.9302 1. A financing statement must be filed to perfect all security interests except the following:
(a) A security interest in collateral in possession of the secured party under NRS 104.9305.
(b) A security interest temporarily perfected in instruments or documents without delivery under NRS 104.9304 or in proceeds for a 10-day period under NRS 104.9306.
(c) A security interest created by an assignment of a beneficial interest in a trust or a decedents estate.
(d) A purchase money security interest in consumer goods; but filing is required for a motor vehicle required to be registered; and fixture filing is required for priority over conflicting interests in fixtures to the extent provided in NRS 104.9313.
(e) An assignment of accounts which does not alone or in conjunction with other assignments to the same assignee transfer a significant part of the outstanding accounts of the assignor.
(f) A security interest of a collecting bank (NRS 104.4208) or arising under the article on sales (see NRS 104.9113) or covered in subsection 3 . [of this section.]
(g) An assignment for the benefit of all the creditors of the transferor, and subsequent transfers by the assignee thereunder.
2. If a secured party assigns a perfected security interest, no filing under this article is required in order to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
κ1985 Statutes of Nevada, Page 237 (CHAPTER 82, SB 59)κ
under this article is required in order to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
3. The filing of a financing statement otherwise required by this article is not necessary or effective to perfect a security interest in property subject to:
(a) A statute or treaty of the United States which provides for a national or international registration or a national or international certificate of title or which specified a place of filing different from that specified in this article for filing of the security interest; [or]
(b) The following statutes of this state: NRS 482.423 to 482.431, inclusive, [NRS 488.179] 488.1793 to 488.1827, inclusive, 489.501 to 489.581, inclusive, and [NRS] 704.205; but during any period in which collateral is inventory held for sale by a person who is in the business of selling goods of that kind, the filing provisions of this article (part 4) apply to a security interest in that collateral created by him as debtor; or
(c) A certificate of title statute of another jurisdiction under the law of which indication of a security interest on the certificate is required as a condition of perfection (subsection 2 of NRS 104.9103).
4. Compliance with a statute or treaty described in subsection 3 is equivalent to the filing of a financing statement under this article, and a security interest in property subject to the statute or treaty can be perfected only by compliance therewith except as provided in NRS 104.9103 on multiple state transactions. Duration and renewal of perfection of a security interest perfected by compliance with the statute or treaty are governed by the provisions of the statute or treaty; in other respects the security interest is subject to this article.
Sec. 37. NRS 106.030 is hereby amended to read as follows:
106.030 Whenever, by the terms of any mortgage, any of the covenants in NRS 106.020 or [in NRS] 106.025 [or any of them] are adopted as a part thereof by reference, as provided in NRS [106.010] 106.020 to 106.050, inclusive, the mortgage is intended to secure and does secure the performance of the terms and conditions of the mortgage and all of the covenants so adopted by reference.
Sec. 38. NRS 106.050 is hereby amended to read as follows:
106.050 Nothing in NRS [106.010] 106.020 to 106.040, inclusive, [shall prevent] prevents the parties to any mortgage from entering into any other, different or additional covenants or agreements than those set out in NRS 106.020 or 106.025.
Sec. 39. NRS 108.272 is hereby amended to read as follows:
108.272 1. Except as provided in subsection 2, the notice of a lien must be given by delivery in person or by registered or certified letter addressed to the last known place of business or abode of the person to be notified, and if no address is known then addressed to that person at the place where the lien claimant has his place of business.
2. Any person who claims a lien on aircraft, aircraft equipment or parts shall:
κ1985 Statutes of Nevada, Page 238 (CHAPTER 82, SB 59)κ
(a) Within 120 days after he furnishes supplies or services; or
(b) Within 7 days after he receives an order to release the property,
whichever time is less, serve the legal owner by mailing a copy of the notice of the lien to his last known address, or if no address is known, by leaving a copy with the clerk of the court in the county where the notice is filed.
3. The notice must contain:
(a) An itemized statement of the claim, showing the sum due at the time of the notice and the date when it became due.
(b) A brief description of the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer against which the lien exists.
(c) A demand that the amount of the claim as stated in the notice, and of any further claim as may accrue, must be paid on or before a day mentioned . [, not less than 10 days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail.]
(d) A statement that unless the claim is paid within the time specified the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, or trailer will be advertised for sale, and sold by auction at a specified time and place.
4. The lienholder shall determine a day for the purposes of the demand in paragraph (c) of subsection 3. The day mentioned must be:
(a) Not less than 10 days after the delivery of the notice if it is personally delivered; or
(b) Not less than 10 days after the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail.
Sec. 40. NRS 108.290 is hereby amended to read as follows:
108.290 1. Except as provided in subsection 2, any lien in excess of $750 acquired as provided in NRS 108.270 to 108.360, inclusive, is a secondary lien when the motor vehicle, [airplane,] motorcycle, motor [or airplane] equipment, or trailer in question is the subject of a secured transaction.
2. The lien of a trailer park keeper may not exceed $2,000 or the total amount due and unpaid for rentals and utilities, whichever is the lesser.
Sec. 41. NRS 108.476 is hereby amended to read as follows:
108.476 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] not less than 14 days after 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. 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;
κ1985 Statutes of Nevada, Page 239 (CHAPTER 82, SB 59)κ
(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 NRS 108.4753, 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] after the execution of the rental agreement.
Sec. 42. NRS 108.4763 is hereby amended to read as follows:
108.4763 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 [.] at least 14 days before the sale. The notice must contain [the following statements, that the:
(a) Occupant] :
(a) A statement that the occupant may no longer use the space for storage and no longer has access to his personal property stored therein;
(b) [Personal] A statement that the personal property of the occupant is subject to a lien and the amount of the lien;
(c) [Personal] A statement that the 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) A statement of the provisions of subsection 3.
3. 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.] 4. 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.
κ1985 Statutes of Nevada, Page 240 (CHAPTER 82, SB 59)κ
Sec. 43. NRS 108.550 is hereby amended to read as follows:
108.550 1. The lien provided for in NRS 108.540 may be foreclosed in the following manner:
(a) A notice [shall] must be posted for a period of 10 days in three public and conspicuous places in the county where the animals are being fed, pastured or boarded, which notice [shall] must also be published in one issue of [some] a newspaper of general circulation in the county.
(b) The notice [shall:] must:
(1) Specify the nature and amount of the lien.
(2) Specify that it is the intention of the lienholder to foreclose the same by sale.
(3) Specify a description of the animal or animals.
(4) Specify the name and last known address of the owner or purported owner of the animal or animals.
(5) State that unless the amount of the lien [be] is paid on or before a specified date, [which date shall be not less than 10 nor more than 15 days after the date of the publication of the notice,] the animal or animals, or so many thereof as may be necessary, will be sold at public auction at the place and on the day and hour specified in the notice.
(6) Be signed and dated by the lienholder.
(c) The lienholder shall specify a day for the purposes of the demand in subparagraph (5) of paragraph (b). The day specified must not be less than 10 nor more than 15 days after the date of the publication of the notice.
(d) A true copy of [such] the demand and notice [shall] must be mailed by registered or certified letter and at the time of publication to the last known address of the holder of every lien appearing of record in the county.
2. The sale provided for in this section may be conducted by the person furnishing the feed, pasture or board, or by any other person who may be designated by the lienholder. Only such number of animals will be sold as may be necessary to discharge the lien and pay the cost of the publication of notice, plus the sum of $5 to be allowed to the person making the sale. No sale [shall] may be made except when the animals to be sold are corralled and have been viewed by the bidders. Any expense incidental to rounding up or bringing the animal or animals to the place of sale [shall also be] is also a proper and an additional charge against the owner. The lienholder may be a bidder at the sale. From the proceeds of the sale the lienholder shall satisfy his lien, including the additional charges [herein mentioned,] mentioned in this subsection, delivering over the balance, if any , [there be,] to the owner. If the owner is out of the state or cannot be found, the balance [shall] must be deposited with the county treasurer of the county in which the sale was conducted.
3. If the balance is not called for by [such] the owner within 6