[Rev. 2/27/2019 1:38:25 PM]
κ1985 Statutes of Nevada, Page 735 (CHAPTER 234, AB 486)κ
the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed, in a county.
2. Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.
3. A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of [the] an ordinance imposing the tax for public mass transportation and construction of public roads or the tax to promote tourism in the county.
4. A provision that the county shall contract before the effective date of the ordinance with the department to perform all functions incident to the administration or operation of the tax in the county.
Sec. 4. NRS 377A.070 is hereby amended to read as follows:
377A.070 1. The county treasurer shall deposit the money received from the state controller pursuant to NRS 377A.050 for public mass transportation and construction of public roads in the county treasury for credit to a fund to be known as the public transit fund.
2. [The money in the public transit fund may not be diverted to the regional street and highway fund of the county.
3. ] The public transit fund must be accounted for as a separate fund and not as a part of any other fund.
Sec. 5. NRS 377A.080 is hereby amended to read as follows:
377A.080 1. In any county in which a tax for public mass transportation and construction of public roads has been imposed, the board shall by ordinance create a regional transportation commission pursuant to chapter 373 of NRS if one has not already been created under that chapter. Where a regional transportation commission has already been created under that chapter, that commission shall also [perform the duties specified in subsection 2.] exercise the powers conferred by this section.
2. The regional transportation commission [shall:] may:
(a) Appropriate money in the public transit fund accumulated by a county to provide a public transit system for that county if the system is included in a regional transportation plan adopted by the regional transportation commission;
(b) Appropriate money to support agencies which are providing transportation for the elderly and the handicapped if the services provided by the agencies are part of the regional transportation plan; and
(c) Provide for or perform all functions incident to the administration and operation of the public transit system.
3. The commission may draw money out of the public transit fund only for the purposes of establishing and maintaining a public transit system for the county , [and] supporting other services required by the regional transportation plan [.] and constructing, repairing and maintaining public roads. Money drawn for constructing, repairing and maintaining public roads must be allocated to the governmental entities within the county in the same ratio as each entitys total miles of paved roads bears to the total miles of paved roads within the county.
κ1985 Statutes of Nevada, Page 736 (CHAPTER 234, AB 486)κ
Sec. 6. NRS 377A.090 is hereby amended to read as follows:
377A.090 1. Money for the payment of the cost of establishing and maintaining a public transit system may be obtained by the issuance of revenue bonds and other revenue securities as provided in subsection 2 of this section, or, subject to any pledges, liens and other contractual limitations made under this chapter, may be obtained by direct distribution from the public transit fund, or may be obtained both by the issuance of such securities and by such direct distribution as the board may determine.
2. The board may, after the enactment of an ordinance imposing a tax for public mass transportation and construction of public roads as authorized by NRS 377A.020, from time to time issue revenue bonds and other securities, which are not general obligations of the county or a charge on any real estate therein, but which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the tax for public mass transportation [.] and construction of public roads. No revenue bonds or other securities may be issued pursuant to this chapter to obtain money for the construction of public roads.
3. The ordinance authorizing the issuance of any bond or other revenue security must describe the purpose for which it is issued.
Sec. 7. NRS 377A.100 is hereby amended to read as follows:
377A.100 Each ordinance providing for the issuance of any bond or security issued under this chapter payable from the receipts of the tax for public mass transportation and construction of public roads may, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain a covenant or other provision to pledge and create a lien upon the receipts of the tax or upon the proceeds of any bond or security pending their application to defray the cost of establishing or operating a public transit system, or both tax proceeds and security proceeds, to secure the payment of any revenue bond or security issued under this chapter.
Sec. 8. NRS 377A.110 is hereby amended to read as follows:
377A.110 1. Subject to the provisions of subsection 2, the board [shall] may gradually reduce the amount of tax imposed pursuant to this chapter for public mass transportation and construction of public roads as revenue from the operation of the public transit system permits.
2. No such taxing ordinance may be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair any outstanding bonds issued under this chapter, or other obligations incurred under this chapter, until all obligations, for which revenues from the ordinance have been pledged or otherwise made payable from such revenues pursuant to this chapter, have been discharged in full, but the board may at any time dissolve the regional transportation commission and provide that no further obligations be incurred thereafter.
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κ1985 Statutes of Nevada, Page 737κ
Senate Bill No. 127Committee on Commerce and Labor
CHAPTER 235
AN ACT relating to financial institutions; making various regulatory changes; and providing other matters properly relating thereto.
[Approved May 22, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 657 of NRS is hereby amended by adding thereto a new section to read as follows:
Savings deposit means a deposit or account:
1. With respect to which the depository institution may require the depositor to give written notice of withdrawal not less than 7 days before a withdrawal, but from which the depositor may otherwise make withdrawals without giving written notice; and
2. Which is not payable on a specific date or at the expiration of a specified time after the date of deposit.
Sec. 2. NRS 657.005 is hereby amended to read as follows:
657.005 As used in this Title, except as otherwise specifically provided or the context otherwise requires, the words and terms defined in NRS 657.011 to 657.085, inclusive, and section 1 of this act have the meanings ascribed to them in [such] those sections.
Sec. 3. NRS 657.016 is hereby amended to read as follows:
657.016 Bank, commercial bank or banking corporation refers to corporations conducting the business of receiving money as demand deposits [and] or otherwise carrying on a banking or banking and trust business.
Sec. 4. NRS 657.085 is hereby amended to read as follows:
657.085 Time [deposits means all deposits the payment of which cannot be legally required within 30 days.] deposit means a deposit which:
1. The depositor does not have a right to withdraw for a period of 7 days or more after the date of deposit; and
2. Is payable at the expiration of a specified time not less than 7 days after the date of deposit.
Sec. 5. NRS 658.115 is hereby amended to read as follows:
658.115 1. [Particularly, the] The administrator shall make summary orders in writing as provided in subsections 2 to 5, inclusive.
2. Whenever any banking corporation [violates its] , a member of its board of directors or any officer, employee or stockholder of the corporation violates the corporations charter or any law [,] related to banking, or, in the opinion of the administrator, is conducting its business in an unauthorized or unsafe manner, the administrator shall forthwith issue an order, in writing, directing the discontinuance of [such] the unauthorized or unsafe practices .
κ1985 Statutes of Nevada, Page 738 (CHAPTER 235, SB 127)κ
the unauthorized or unsafe practices . [and requiring the delinquent bank to appear before him, at a time and place fixed in the order, to present any explanation in defense of the practices directed to be discontinued in the order.]
3. Whenever it appears to the administrator that the capital stock of any bank has been reduced in value below the requirements of law, or of its certificate of incorporation, he shall forthwith issue an order directing that [such] the bank make good [such] the deficiency forthwith or within a time specified in [such] the order.
4. Whenever it appears to the administrator that either the total reserves or reserves on hand of any bank are below the amount required by law to be maintained, or that [such] a bank is not keeping its reserves on hand as required by this Title, he shall forthwith issue an order directing that [such] the bank make good [such] its reserves forthwith, or within the time specified within [such] the order, or that it keep its reserves on hand as required by this Title.
5. Whenever it appears to the administrator that any bank to which this Title is applicable does not keep its books or accounts in such a manner as to enable the administrator readily to ascertain its true condition, he shall issue an order requiring [such] the bank, or the officers thereof, or any of them, to open and keep [such] its books or accounts as he may, in his discretion, determine and prescribe for the purpose of keeping accurate and convenient records of the transactions and accounts of [such] the bank.
Sec. 6. NRS 658.125 is hereby amended to read as follows:
658.125 [1.] Any bank aggrieved by any decision or order issued by the administrator or any member of his staff must appeal to the state board of finance if a review of the decision or order is desired.
[2. The procedure set forth in NRS 659.055 governs all such appeals.] The appeal must be made within 15 days after the decision or order is issued.
Sec. 7. NRS 659.055 is hereby amended to read as follows:
659.055 Any person aggrieved by any decision of the administrator made under NRS 659.045 may appeal to the state board of finance if a review of the decision is desired. The appeal must be made within 15 days after the administrator makes his decision. If an appeal is taken, the state board of finance shall conduct a full hearing.
Sec. 8. NRS 659.125 is hereby amended to read as follows:
659.125 1. A corporation must not be chartered under the laws of this state with the words bank or banking as part of its name except corporations [reporting to and under the supervision of the administrator,] subject to regulation pursuant to chapters 657 to 668, inclusive, of NRS or corporations under the [supervision] regulation of the commissioner of insurance. A corporate name must not be amended to include the words bank or banking unless the corporation is under such [supervision.] regulation.
2. No natural person, association, firm or corporation domiciled within this state, except [corporations reporting to and under the supervision of the administrator] a national bank or a banking corporation subject to regulation pursuant to chapters 657 to 668, inclusive, of NRS or under the [supervision] regulation of the commissioner of insurance, may advertise or put forth any sign as bank, banking or banker or use the word bank, banking or banker as part of its name and title.
κ1985 Statutes of Nevada, Page 739 (CHAPTER 235, SB 127)κ
within this state, except [corporations reporting to and under the supervision of the administrator] a national bank or a banking corporation subject to regulation pursuant to chapters 657 to 668, inclusive, of NRS or under the [supervision] regulation of the commissioner of insurance, may advertise or put forth any sign as bank, banking or banker or use the word bank, banking or banker as part of its name and title.
3. Any person who violates any of the provisions of this section shall be fined not more than $500 for each offense.
Sec. 9. NRS 662.105 is hereby amended to read as follows:
662.105 [1.] Subject to any applicable regulations of the administrator, a bank may grant options to purchase, sell or enter into agreements to sell shares of its capital stock to its officers or employees, or both, for a consideration of not less than 100 percent of the fair market value of the shares on the date the option is granted, or, if pursuant to a stock purchase plan, 85 percent of the fair market value of the shares on the date the purchase price is fixed, pursuant to the terms of [an officer-employee stock purchase plan] a plan for the purchase of stock by officers and employees which has been adopted by the board of directors of the bank and approved by the holders of at least two-thirds of the particular class or classes of stock entitled to vote on [such] the proposal and by the administrator. In no event may the option to purchase such shares be for a consideration less than the par value thereof.
[2. Stock options issued pursuant to subsection 1 must qualify as restricted stock options under the Internal Revenue Code of 1954, and corresponding provisions of subsequent United States law.]
Sec. 10. NRS 662.186 is hereby amended to read as follows:
662.186 1. Each bank doing business under the laws of this state shall have on hand, in cash, at least the sum of money determined by the administrator as necessary to meet the operating requirements of the bank and at least a required sum consisting of demand balances due from good and solvent banks . [, selected from time to time with the approval of the administrator.]
2. Any bank organized under the laws of this state shall carry or maintain as a reserve at least that amount of money which is required under the terms of the Federal Reserve Act.
Sec. 11. NRS 663.085 is hereby amended to read as follows:
663.085 1. If the rental due on a safe-deposit box has not been paid for 90 days, the lessor may send a notice by registered or certified mail to the last known address of the lessee stating that the safe-deposit box will be opened and its contents stored at the expense of the lessee unless payment of the rental is made within 30 days. If the rental is not paid within 30 days from the mailing of the notice, the box may be opened in the presence of any officer of the lessor and a notary public. The contents [shall] must be sealed in a package by the notary public, who shall write on the outside the name of the lessee and the date of the opening in the presence of the officer. The notary public and the officer shall execute a certificate reciting the name of the lessee, the date of the opening of the box and a list of its contents.
κ1985 Statutes of Nevada, Page 740 (CHAPTER 235, SB 127)κ
opening of the box and a list of its contents. The certificate [shall] must be included in the package and a copy of the certificate [shall] must be sent by registered or certified mail to the last known address of the lessee. The package [shall] must then be placed in the general vaults of the lessor at a rental not exceeding the rental previously charged for the box.
2. [Any documents or writings of a private nature, having little or no apparent value, need not be offered for sale, but [shall] must be retained, unless claimed by the owner, for [the period of] 6 months, after which they may be destroyed.
3.] If the contents of the safe-deposit box have not been claimed within 6 months of the mailing of the certificate, the lessor may send a further notice to the last known address of the lessee stating that, unless the accumulated charges are paid within 30 days, the contents of the box will be sold at public or private sale at a specified time and place, or, in the case of securities listed on a stock exchange, will be sold upon the exchange on or after a specified date . [and that unsalable items will be destroyed.] The time, place and manner of sale [shall] must also be posted conspicuously on the premises of the lessor and advertised once in a newspaper of general circulation in the community. [If] Except as otherwise provided in subsection 3, if the articles are not claimed, they may then be sold in accordance with the notice.
3. Any document which has legal significance, such as a will, deed, mortgage, policy of insurance, certificate of birth, marriage or death, contract or evidence of debt, must not be sold or destroyed by the lessor sooner than 8 years after the box is opened pursuant to subsection 1. Any other documents or writings of a private nature, if they have little or no apparent value, need not be offered for sale, but must be retained, unless claimed by the owner, for 6 months, after which they may be destroyed.
4. The balance of the proceeds, after deducting accumulated charges, including the expense of advertising and conducting the sale, together with any money discovered in the box [shall] must be deposited to the credit of the lessee in any account maintained by him, or if none, [shall] must be deposited in a deposit account with the bank operating the safe-deposit facility, or in the case of a subsidiary safe-deposit company, a bank owning stock therein, and [shall] must be identified on the books of the bank as arising from the sale of contents of a safe-deposit box. [Any items remaining unsold may be destroyed.]
Sec. 12. This section and section 7 of this act become effective upon passage and approval.
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κ1985 Statutes of Nevada, Page 741κ
Assembly Bill No. 513Assemblyman Stone (by request)
CHAPTER 236
AN ACT relating to judgments; extending the period of a lien on a judgment entered by a justices court; and providing other matters properly relating thereto.
[Approved May 22, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 68.040 is hereby amended to read as follows:
68.040 A judgment rendered in a justices court creates no lien upon any lands of the defendant, unless [such] an abstract is filed in the office of the county recorder of the county in which the lands are situated. When so filed, and from the time of filing, the judgment becomes a lien upon all the real property of the judgment debtor, not exempt from execution, in [such] the county, owned by him at the time, or which he [may afterwards, and] acquires before the lien expires . [, acquire.] The lien continues for [2] 6 years, unless the judgment [be] is previously satisfied.
________
Assembly Bill No. 444Committee on Taxation
CHAPTER 237
AN ACT relating to animals; prescribing the procedure for the assessment and collection of special livestock and sheep taxes; and providing other matters properly relating thereto.
[Approved May 22, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 575 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 18, inclusive, of this act.
Sec. 2. As used in sections 2 to 18, inclusive, of this act, unless the context otherwise requires:
1. Board means the state board of sheep commissioners.
2. Department means the state department of agriculture.
3. Livestock means the animals subject to the taxes levied pursuant to NRS 571.035 and 575.070.
4. Sheep means the animals subject to the taxes levied pursuant to NRS 562.170 and 567.110.
5. Tax means any of the taxes levied pursuant to NRS 562.170, 567.110, 571.035 and 575.070.
Sec. 3. 1. There is hereby created in each county a committee for assessing livestock composed of:
κ1985 Statutes of Nevada, Page 742 (CHAPTER 237, AB 444)κ
(a) Two persons who own livestock in the county and who are appointed by the state board of agriculture;
(b) One person who owns sheep in the county and who is appointed by the board or, if there is no owner of sheep in the county, another person who owns livestock in the county who is appointed by the state board of agriculture;
(c) A brand inspector who is designated by the director of the department; and
(d) The county assessor or a person designated by him.
2. Except as otherwise provided in this subsection, the term of each member is 2 years, and any vacancy must be filled by appointment for the unexpired term. The term of the county assessor expires upon the expiration of the term of his office. A person designated by the county assessor serves at the pleasure of the county assessor. The brand inspector serves at the pleasure of the director of the department.
3. While engaged in official business of the committee for assessing livestock, each member of the committee is entitled to:
(a) A salary not exceeding $60 per day for attending meetings or performing other official business, to be paid from any money available to the department.
(b) The per diem allowance and travel expenses fixed for state officers and employees.
Sec. 4. Except as other provisions are made for their assessment, the county assessors and county treasurers of the various counties shall assess and collect the taxes and related penalties for livestock and sheep which are billed:
1. On the unsecured roll in the same manner as taxes and penalties on personal property are assessed and collected.
2. On the secured roll in the same manner as taxes and penalties on real property are assessed and collected, except that the amount of annual tax due may be billed and declared due at the time regularly scheduled for the first quarterly payment.
Sec. 5. For the purposes of sections 2 to 18, inclusive, of this act, livestock and sheep subject to taxation shall be deemed to be located in the county where the owner of the livestock or sheep has his principal place of livestock or sheep business in this state.
Sec. 6. 1. The department shall prepare a form for declaration of livestock and sheep on which an owner of livestock or sheep shall declare the average number, kind and classification of all livestock and sheep in the state owned by him during the year immediately preceding the date the declaration is made.
2. Before May 6 of each year, the department shall distribute the form for declaration to all the county assessors.
Sec. 7. 1. The county assessor shall mail the form for declaration to each owner of livestock or sheep listed in his most current report of such owners. He may include the form with any other mailing sent by him to that owner.
κ1985 Statutes of Nevada, Page 743 (CHAPTER 237, AB 444)κ
2. An owner of livestock or sheep who fails to complete and return the form for declaration within 30 days after the date it was mailed to him is subject to a penalty of $5 assessed by the committee.
Sec. 8. The county assessor shall forward to the committee for assessing livestock all of the completed forms for declaration of livestock and sheep received by him and a copy of his most current report of owners of livestock and sheep. This report may show a parcel number and must include the name and address of each owner and the number, kind and classification of the livestock and sheep belonging to each owner.
Sec. 9. 1. Upon receipt of the forms for declaration of livestock and sheep and the report of owners of livestock and sheep from the county assessor, the committee for assessing livestock shall:
(a) Make an estimate of the number, kind and classification of all livestock and sheep owned by any person failing to return the form for declaration of livestock and sheep and include that information on the report; and
(b) Examine each completed form for declaration of livestock and sheep and the report to determine its accuracy, and if there is any evidence that any information is inaccurate or incomplete, may change and correct any listing as to number, kind, classification, ownership or location by adding thereto or deducting therefrom as necessary to make the report complete and accurate.
2. The committee for assessing livestock may verify the number of livestock or sheep by any reasonable means, including actual count at any reasonable time.
3. If the committee for assessing livestock changes the listings on the report of owners of livestock and sheep for any owner and the listing for that owner does not conform to the listings on the form for declaration completed by that owner, the committee shall notify the owner of the change within 15 days after the change is made. The notification must contain a statement explaining the owners right to challenge the accuracy of the report made by the committee for assessing livestock.
Sec. 10. If the committee for assessing livestock determines that the amount of tax to be collected from an owner of livestock or sheep is less than the cost of collecting the tax, it may exempt that owner from the tax.
Sec. 11. 1. An owner of sheep or livestock who wishes to challenge the accuracy of the report as changed by the committee for assessing livestock may, within 15 days after receiving notice of the change, file a statement with the committee for assessing livestock for his county specifying the alleged inaccuracy.
2. Upon receipt of the statement under subsection 1, the committee for assessing livestock shall review the allegations and may change what it considers necessary to make the report accurate and complete. An owner of sheep or livestock, the board, or the executive director of the department may appeal from any decision of the committee for assessing livestock to and in the manner prescribed by the state board of agriculture.
κ1985 Statutes of Nevada, Page 744 (CHAPTER 237, AB 444)κ
livestock to and in the manner prescribed by the state board of agriculture.
Sec. 12. 1. When the report of owners of livestock and sheep is approved by the committee for assessing livestock as complete and accurate, the approval must be noted on the report. The report must then be returned to the county assessor and a copy sent to the board, the department and the Nevada beef council.
2. If, as the result of a challenge of the accuracy of the report, any change is ordered in the report of owners of livestock and sheep after it has been approved by the committee for assessing livestock, the county assessor, the board, the department and the Nevada beef council must be notified of the change.
Sec. 13. Using the tax levies from the board, the department and the Nevada beef council, the county assessor, auditor or treasurer shall calculate the total taxes due from each owner of livestock or sheep based on the report of owners of livestock or sheep approved by the committee for assessing livestock.
Sec. 14. The county treasurer or the assessor shall mail to each owner of livestock or sheep a bill for the total taxes due from that owner. The billing may be made from the secured or unsecured tax roll. The bill may be included with any other tax bill sent by the county assessor or treasurer to that owner. Failure to receive a tax bill does not excuse the taxpayer from the timely payment of his taxes.
Sec. 15. (Deleted by amendment.)
Sec. 16. Whenever any taxes or penalties for delinquencies pursuant to section 7 of this act are paid to the county treasurer, he shall record the payment and the date thereof with the name of the person liable for the taxes and the penalty and the amount of tax and penalty collected pursuant to NRS 562.170, 567.110, 571.035 and 575.070 and section 7 of this act and transmit the revenue thereof to the state controller for deposit into the appropriate fund in the state treasury.
Sec. 17. Any taxes delinquent must be reported by the county assessor or county treasurer to the:
1. Department if the taxes were levied pursuant to NRS 571.035 and 575.070; or
2. Board if the taxes were levied pursuant to NRS 562.170 and 567.110.
Sec. 18. A brand inspection clearance certificate described in NRS 565.120 or a certificate or bill of health described in NRS 562.460 may not be issued for the movement of any sheep or livestock owned by a person delinquent in the payment of a tax. The department may collect any delinquent tax and the penalty thereon at the time of a brand or health inspection. The appropriate county authority must be notified if the tax is so collected.
Sec. 19. NRS 575.070 is hereby amended to read as follows:
575.070 1. [The] Upon receipt of the reports from the committee for assessing livestock pursuant to section 12 of this act, the Nevada beef council shall fix a special tax, to be known as the [beef promotion tax,] tax to promote beef, on all cattle except calves that have not been weaned, the rate of which must not exceed 50 cents per head.
κ1985 Statutes of Nevada, Page 745 (CHAPTER 237, AB 444)κ
tax,] tax to promote beef, on all cattle except calves that have not been weaned, the rate of which must not exceed 50 cents per head. The council shall send notice of the rate of this tax to the [department of taxation and to each board of county commissioners before the annual levy of taxes, and the board shall include this tax at the rate fixed by the Nevada beef council. The tax must be collected in the same manner as other taxes are collected, and] county assessor or treasurer of each county on or before the first Monday in May of each year. The tax must be deposited [with] in the state treasury for credit to the [Nevada beef promotion fund.] fund for the promotion of beef.
2. During the month of April, any person who has paid the special tax levied pursuant to this section may file a claim for refund with the state department of agriculture, accompanied by a receipt showing the payment. Upon verification of the claim, the department shall transmit it to the state controller for payment from the [Nevada beef promotion fund.] fund for the promotion of beef.
Sec. 20. NRS 561.407 is hereby amended to read as follows:
561.407 1. The [Nevada beef promotion] fund for the promotion of beef is hereby created as an agency fund in the state treasury. The proceeds of the special tax on cattle levied pursuant to NRS 575.070 must be deposited in this fund and all refunds made pursuant to NRS 575.070 must be paid from the fund.
2. The interest and income earned on the money in the [Nevada beef promotion fund,] fund for the promotion of beef, after deducting any applicable charges, must be credited to the fund.
3. After all refunds are made, the state controller shall draw warrants to distribute the amount remaining in the fund as follows:
(a) Eighty percent to the Beef Industry Council, transmitted through the executive director; and
(b) Twenty percent to the account of the Nevada beef council in the [Nevada beef promotion fund.] fund for the promotion of beef.
Sec. 21. NRS 562.160 is hereby amended to read as follows:
562.160 [The] Upon receipt of the reports from the committee for assessing livestock pursuant to section 12 of this act, the board shall fix the rate to be levied each year as provided for in NRS 562.170 and shall send notice of [the same] it to the [boards of county commissioners of the several counties on or before August 5 of each year.] county assessor or treasurer of each county on or before the first Monday in May of each year.
Sec. 22. NRS 562.170 is hereby amended to read as follows:
562.170 1. The [boards of county commissioners of the several counties, at the time of their annual levy of taxes, must levy the] rate of tax fixed by the board, as provided for in NRS 562.160, must not [to] exceed the equivalent of 18 cents per head on all sheep.
2. The tax paid by an owner of sheep must be [collected as other taxes are collected and] deposited in the state treasury for credit to the sheep inspection fund which is hereby created as a special revenue fund. The sheep inspection fund must be made available and disbursed by the proper state officials upon request of the board for the purposes provided for in this chapter.
κ1985 Statutes of Nevada, Page 746 (CHAPTER 237, AB 444)κ
by the proper state officials upon request of the board for the purposes provided for in this chapter.
Sec. 23. NRS 567.100 is hereby amended to read as follows:
567.100 As used in NRS 567.100 to 567.170, inclusive:
1. Board means the state board of sheep commissioners.
2. Committee means the [state woolgrowers predatory animal committee.] committee to control predatory animals.
Sec. 24. NRS 567.110 is hereby amended to read as follows:
567.110 1. [The] Upon receipt of the reports from the committee for assessing livestock pursuant to section 12 of this act, the state board of sheep commissioners, acting as the [state woolgrowers predatory animal committee,] committee to control predatory animals, may [make] levy an annual special tax [levy] of not to exceed the equivalent of 20 cents per head on all sheep and goats.
2. The special tax [levy] is designated as the [woolgrowers predatory animal control levy. The special tax must be levied and collected as are other property taxes by the tax-levying and tax-collecting authorities of the various counties for the tax year following receipt of notice of the special levy from the board by the county taxing authorities.] tax for control of predatory animals.
3. The notice must be sent by the board to the [boards of county commissioners of the several counties on or before September 15 of each year.] county assessor or treasurer of each county on or before the first Monday in May of each year.
Sec. 25. NRS 567.120 is hereby amended to read as follows:
567.120 As collected, the money derived from the special levy authorized by NRS 567.110 must be deposited by the proper county [official] officer in the state treasury for credit to the [woolgrowers predatory animal control] fund for control of predatory animals which is hereby created as a special revenue fund, subject only to the orders of the board.
Sec. 26. NRS 567.130 is hereby amended to read as follows:
567.130 1. The board, acting as the committee, [is empowered and authorized in behalf of the sheep-raising industry of Nevada:
(a) To enter] may:
(a) Enter into cooperative agreements with the Fish and Wildlife Service of the United States Department of the Interior in its program of predatory animal control.
(b) [To contribute moneys] Contribute money to aid the program from the [woolgrowers predatory animal control] fund for control of predatory animals in accordance with the terms of such cooperative agreements and within the limitations of the [woolgrowers predatory animal control fund.] fund for control of predatory animals.
2. The board may draw upon the [woolgrowers predatory animal control] fund for control of predatory animals for this purpose only and the sums so drawn [shall] must be made available from the fund by the proper authorities of the state in the amounts and for the purposes for which they are drawn.
κ1985 Statutes of Nevada, Page 747 (CHAPTER 237, AB 444)κ
Sec. 27. NRS 567.150 is hereby amended to read as follows:
567.150 In the case of any [fur sale] proceeds from the sale of furs received by the board from the Fish and Wildlife Service of the United States Department of the Interior or any other contributions which may be received by the board for aiding in [predatory animal control work,] control of predatory animals, the amounts concerned [shall] must be deposited by the board in the [woolgrowers predatory animal control fund,] fund for the control of predatory animals, becoming a part thereof and subject to the provisions of NRS 567.100 to 567.170, inclusive.
Sec. 28. NRS 571.035 is hereby amended to read as follows:
571.035 1. [From the statements submitted to him by owners of livestock, the county assessor of each county shall prepare a statement showing the total number of stock cattle, milk cows, bulls, horses, mules, burros, asses, stallions, jacks, hogs, pigs, goats and poultry in his county and the ownership and location of such livestock, and shall forward the statement to the department.
2.] Upon receipt of the [statement] reports from the [county assessor,] committee for assessing livestock pursuant to section 12 of this act, the department shall fix the amount of the annual special tax on each head of the following specified classes of livestock, and not exceeding the following rates per head for each class:
Class Rate per head
Stock cattle.............................................................................................. $0.28
[Milk cows] Dairy cattle....................................................................... .53
[Bulls........................................................................................................ .75]
Horses.............................................................................................. [.36] .75
Mules............................................................................................... [.36] .75
Burros or asses............................................................................... [.07] .75
[Stallions.................................................................................................. .75
Jacks......................................................................................................... 0.75]
Hogs and pigs........................................................................................ .07
[Pigs......................................................................................................... .035]
Goats........................................................................................................ .06
[Poultry.................................................................................................... .003]
2. As used in subsection 1:
(a) Dairy cattle are bulls, cows and heifers of the dairy breeds, more than 6 months old.
(b) Stock cattle are:
(1) Steers of any breed and other weaned calves of the beef breeds, more than 6 months old; and
(2) Bulls, cows and older heifers of the beef breeds.
(c) The classes consisting of horses, mules, and burros and asses exclude animals less than 1 year old.
3. The department shall send notice of the special tax on each head of the specified classes of livestock to the [department of taxation and the board of county commissioners of each county before the annual levy of taxes by the board, and, when so notified, the board shall, at the time of the annual levy of taxes, levy the special taxes fixed by the department.]
κ1985 Statutes of Nevada, Page 748 (CHAPTER 237, AB 444)κ
levy of taxes by the board, and, when so notified, the board shall, at the time of the annual levy of taxes, levy the special taxes fixed by the department.] county assessor or treasurer of each county on or before the first Monday in May of each year.
4. Upon the receipt of any such tax and the report thereof by the state controller, the department shall credit the amount of the tax as paid on its records. [Any uncollected tax must, annually, be reconciled with each countys tax roll.]
5. The special taxes [must be collected as other taxes, and] paid by an owner of livestock, when transmitted to the state treasurer, [who shall deposit the taxes] must be deposited in the livestock inspection fund.
Sec. 29. NRS 202.550 is hereby amended to read as follows:
202.550 1. It [shall be] is unlawful for any person to place any lethal bait on the public domain:
(a) Within 3 miles of any place of habitation, whether occupied or vacant; or
(b) At any other place unless [the same be] it is marked by a steel or wooden post extending not less than 4 feet above the ground, having the uppermost 8 inches painted red and bearing a suitable sign advising of the presence of lethal bait. The post [shall] must be installed in the immediate vicinity of the bait, and the post and sign [shall] must be maintained at all times during which the lethal bait is exposed; or
(c) At any place by distribution from an airplane except upon written permit first obtained from the [state woolgrowers predatory animal committee.] committee to control predatory animals.
2. Any person violating any provision of subsection 1 [shall be] is guilty of a misdemeanor.
3. Every person other than the person who placed the bait, post or sign, who [shall willfully remove] willfully removes any lethal bait, or post or sign advising of the presence of any lethal bait, [shall be] is guilty of a misdemeanor.
Sec. 30. NRS 361.265 is hereby amended to read as follows:
361.265 1. For the purpose of enabling the county assessor to make assessments, he shall demand from each person or firm, and from the president, cashier, treasurer or managing agent of each corporation, association or company, including all banking institutions, associations or firms within his county, a written statement, signed under penalty of perjury, on forms to be furnished by the county assessor of all the personal property within the county, owned, claimed, possessed, controlled or managed by those persons, firms, corporations, associations or companies.
2. If the owners of any taxable property not listed by another person are absent or unknown, or fail to provide the written statement within 15 days after demand is made therefor, the county assessor shall make an estimate of the value of the property and assess it accordingly. If the name of the absent owner is known to the county assessor, the property must be assessed in his name. If the name of the owner is unknown to the county assessor, the property must be assessed to unknown owner; but no mistake made in the name of the owner or the supposed owner of personal property renders the assessment or any sale of such property for taxes invalid.
κ1985 Statutes of Nevada, Page 749 (CHAPTER 237, AB 444)κ
the county assessor, the property must be assessed to unknown owner; but no mistake made in the name of the owner or the supposed owner of personal property renders the assessment or any sale of such property for taxes invalid.
3. At the end of each month the county assessor shall report to the district attorney of the county the names of all persons neglecting or refusing to give the statement as required by this section, and the district attorney shall prosecute all persons so offending.
4. If any person, officer or agent neglects or refuses on demand of the county assessor or his deputy to give the statement required by this section, or gives a false name, or refuses to give his name or to sign the statement, he is guilty of a misdemeanor and must be arrested upon the complaint of the county assessor or his deputy.
[5. The provisions of this section apply to owners of livestock or colonies of bees only for the purpose of determining the total number of livestock and colonies of bees in each county in order to collect the special taxes levied pursuant to NRS 571.035 and 575.070.]
Sec. 31. NRS 361.247 and 562.180 are hereby repealed.
Sec. 32. This act becomes effective upon passage and approval.
________
Assembly Bill No. 75Committee on Judiciary
CHAPTER 238
AN ACT relating to vagrancy; limiting the identification that may be required; supplying upper limits for the punishment of a second or subsequent violation; and providing other matters properly relating thereto.
[Approved May 22, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 207.030 is hereby amended to read as follows:
207.030 1. Every person who:
(a) Solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view;
(b) Solicits any act of prostitution;
(c) Is a pimp, panderer or procurer or lives in or about houses of prostitution;
(d) Accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms;
(e) Goes from house to house begging food, money or other articles, or seeks admission to [such] houses upon frivolous pretexts for no other apparent motive than to see who may be therein, or to gain an insight of the premises;
(f) Keeps a place where lost or stolen property is concealed;
κ1985 Statutes of Nevada, Page 750 (CHAPTER 238, AB 75)κ
(g) Loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act;
(h) Loiters or wanders upon the streets or from place to place without apparent reason or business and who refuses to [identify himself] state his name and to account for his presence when requested by any peace officer so to do, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety demands the identification;
(i) Loiters, prowls or wanders upon the private property of another, in the nighttime, without visible or lawful business with the owner or occupant thereof, or who, while loitering, prowling or wandering upon the private property of another, in the nighttime, peeks in the door or window of any inhabited building or structure located thereon, without visible or lawful business with the owner or occupant thereof; or
(j) Lodges in any building, structure or place, whether public or private, without the permission of the owner or person entitled to the possession or in control thereof,
is a vagrant.
2. Every vagrant shall be punished:
(a) For the first violation of paragraph (a), (b) or (c) of subsection 1 and for each subsequent violation of the same paragraph occurring more than 3 years after the first violation, for a misdemeanor.
(b) For the second violation of paragraph (a), (b) or (c) of subsection 1 within 3 years after the first violation of the same paragraph, by imprisonment in the county jail for not less than 30 days nor more than 6 months and by a fine of not less than $250 [.] nor more than $1,000.
(c) For the third or subsequent violation of paragraph (a), (b) or (c) of subsection 1 within 3 years after the first violation of the same paragraph, by imprisonment in the county jail for 6 months and by a fine of not less than $250 [.] nor more than $1,000.
(d) For a violation of any provision of paragraphs (d) to (j), inclusive, of subsection 1, for a misdemeanor.
3. The terms of imprisonment prescribed by subsection 2 must be imposed to run consecutively.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 751κ
Assembly Bill No. 518Assemblymen Bogaert, Little, Lambert, Williams, ODonnell, Fairchild, Rader, Ham, Joerg, Horne, Zimmer, Arberry, McGaughey, Kerns, Marvel, Sedway, Price, DuBois, Beyer, Thompson, Nicholas, Craddock, Humke, Roberts, Schofield, Dini, Getto, Jeffrey, Thomas and Nevin
CHAPTER 239
AN ACT relating to devices for protection from fire; increasing the penalty for the theft of such a device; and providing other matters properly relating thereto.
[Approved May 22, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 475 of NRS is hereby amended by adding thereto a new section to read as follows:
A person who steals a device intended for use in preventing, controlling, extinguishing or giving warning of a fire:
1. If the device has a value of less than $100, is guilty of a gross misdemeanor.
2. If the device has a value of $100 or more, is guilty of grand larceny, 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. NRS 205.240 is hereby amended to read as follows:
205.240 [Every] Except as provided in section 1 of this act, a person who:
1. Steals, takes and carries, leads or drives away the personal goods or property of another, under the value of $100; or
2. Steals, takes and carries, leads, drives or entices away one or more domestic animals or poultry having an aggregate value under $100, except those described in subparagraph (1) of paragraph (a) of subsection 1 of NRS 205.225,
commits petit larceny and is guilty of a misdemeanor.
________
Senate Bill No. 224Committee on Government Affairs
CHAPTER 240
AN ACT relating to state land; authorizing conveyance of parcel in Laughlin to Clark County; authorizing conveyance of a parcel to the department of transportation for transfer to Storey County; and providing other matters properly relating thereto.
[Approved May 22, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The state land registrar, on behalf of the State of Nevada may convey to Clark County, all of the right, title and interest of the State of Nevada in the parcel of land described in subsection 2 in exchange for:
κ1985 Statutes of Nevada, Page 752 (CHAPTER 240, SB 224)κ
of the State of Nevada in the parcel of land described in subsection 2 in exchange for:
(a) At least 250 square feet of space in offices on the conveyed land to be used by the department of wildlife;
(b) A foundation for a house of no more than 1,000 square feet or a mobile home of no more than two widths, and the capability to install electricity, water, sewage and telephone facilities;
(c) Storage of vehicles and other equipment of the department of wildlife in an area on the conveyed land specifically designated for that purpose, among others;
(d) Reasonable use by the department of wildlife of any facility of the county on the conveyed land which provides fuel for motor vehicles, subject to reimbursement for the cost of the fuel;
(e) Use by employees of the department of wildlife of a reasonable number of transient sleeping accommodations constructed by the county on the conveyed land, if the department pays for utilities, repairs and maintenance; and
(f) An easement, to provide access to lots 8 and 13 of the section described in subsection 2, at least 80 feet wide on a gradient of no more than 8 percent.
2. The parcel which may be conveyed by the state is described as follows: Government Lots 14, 15 and that portion of Lot 16 lying west of the easterly right of way line of Casino Drive, located in section 12, T. 32 S., R. 66 E., M.D.B. & M., Clark County, Nevada, containing 81.32 acres more or less.
Sec. 2. The state land registrar, on behalf of the State of Nevada, may convey to the department of transportation, for transfer to Storey County, all of the right, title and interest of the State of Nevada in the parcel of land in Storey County described as follows:
Being part of Lot Numbers 1, 2 and all of Lot Number 3, in Block 26, Range C, as conveyed to the State of Nevada by deed dated August 27, 1937, and recorded in book 61, at page 451 of Deeds of Storey County, Nevada, on September 1, 1937, and as described on the official map of Virginia City, and recorded in Virginia City in the office of the county recorder of Storey County.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 753κ
Assembly Bill No. 441Assemblymen Humke, Schofield, Rader, Lambert, ODonnell, Joerg, Ham, Zimmer, Nevin, Swain, Tebbs, Arberry, Spriggs, Coffin, Craddock, Roberts, Horne, Nicholas, Beyer, Dini, Jeffrey, Thompson, Francis, Stone, DuBois, Kerns, Collins, McGaughey, Price, Bogaert, Bergevin, Williams, Malone, Sedway, Getto, Fairchild, Marvel, Little and Thomas
CHAPTER 241
AN ACT relating to the National Guard; prohibiting an employer from terminating the employment of a member because he is ordered to active duty; permitting the rental of armories to nonmembers; permitting retired and honorably discharged members to retain special license plates for their motor vehicles; providing penalties; and providing other matters properly relating thereto.
[Approved May 22, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 412 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. An employer may not terminate the employment of a member of the Nevada National Guard because the member is ordered to active service or duty pursuant to NRS 412.122 or 412.124.
2. Any employer who violates subsection 1 is guilty of a misdemeanor.
Sec. 3. 1. Any member of the Nevada National Guard who believes his employment was terminated in violation of section 2 of this act may, within 60 days after receiving a notice of termination, request a hearing before the labor commissioner to determine if his employment was so terminated.
2. The department shall supply the member with all forms needed to request such a hearing. The labor commissioner shall conduct the hearing in the manner provided in NRS 607.205 to 607.220, inclusive.
Sec. 4. If the employment of a member of the Nevada National Guard is found to have been terminated as a result of the member being ordered to active service or duty pursuant to NRS 412.122 or 412.124, the member is entitled to be immediately reinstated to his position without loss of seniority or benefits, and to receive all wages and benefits lost as a result of the termination.
Sec. 5. NRS 412.034 is hereby amended to read as follows:
412.034 The governor [, by virtue of his office,] is the commander in chief of the militia of the state, and may issue regulations for the government of the militia. In issuing [such] the regulations, the governor may give consideration to the laws and regulations of the United States relating to the organization, discipline and training of the militia, to the provisions of this chapter and to the laws and regulations governing the United States Army and United States Air Force. [The military rules and regulations in force on July 1, 1967, shall remain in force until new rules and regulations are approved and promulgated.]
κ1985 Statutes of Nevada, Page 754 (CHAPTER 241, AB 441)κ
Sec. 6. NRS 412.048 is hereby amended to read as follows:
412.048 The adjutant general shall serve as the chief of staff to the governor, the director of the department of the military and the commander of the Nevada National Guard, and:
1. Is responsible, under the direction of the governor, for the supervision of all matters pertaining to the administration, discipline, mobilization, organization and training of the Nevada National Guard, Nevada National Guard Reserve and volunteer organizations licensed by the governor.
2. Shall perform all duties required of him by the laws of the United States and of the State of Nevada, and the regulations issued thereunder.
3. Shall employ such deputies, assistants and other personnel as he deems necessary to assist him in the performance of those duties required of him as director of the department. He may [, in his discretion,] so employ either members of the Nevada National Guard or civilian personnel. The duties of all deputies, assistants and other personnel appointed must be prescribed by department regulations. All such employees are in the unclassified service of the state except civilian , clerical , administrative, maintenance and custodial employees [.] who are in the classified service of the state.
Sec. 7. NRS 412.052 is hereby amended to read as follows:
412.052 The adjutant general:
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. 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. 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 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. 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. Shall record, authenticate and communicate to units and members of the militia all orders, instructions and regulations.
6. Shall cause to be procured, printed and circulated to those concerned all books, blank forms, laws, regulations or other publications governing the militia [needful] necessary to the proper administration, operation and training of it or to carry [into effect] out the provisions of this chapter.
κ1985 Statutes of Nevada, Page 755 (CHAPTER 241, AB 441)κ
7. Shall keep an appropriate seal of office and affix its impression to all certificates of record issued from his office.
8. 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. 8. NRS 412.102 is hereby amended to read as follows:
412.102 1. The department shall provide and maintain armories suitable for [drill purposes] conducting drills and the safekeeping of federal military property, with light, water and heat, for the units of the Nevada National Guard organized in the several counties of the state.
2. The expenses of procuring and maintaining [such] the armories, and the monthly allowance to cover incidental expenses which may be incurred by each unit [shall] , must be paid from the appropriation for the support of the Nevada National Guard.
[3. Rental expenses shall, in no instance, exceed the sum of $750 per month, which shall include light, water and heat. An additional allowance of not to exceed $25 monthly shall be made to cover unit incidental expenses.
4. All claims for rentals and incidental expenses shall be rendered in quadruplicate. The original and two copies, as approved by the unit commander, shall be forwarded to the department. The quadruplicate copy shall be retained in the unit files. Such claims shall be paid as provided by NRS 412.082.]
Sec. 9. NRS 412.106 is hereby amended to read as follows:
412.106 [1.] Armories may be used by members and units of the Nevada National Guard [in accordance with department regulations issued pursuant to this chapter.
2. Armories may be used by any veterans organizations and their auxiliaries located in the city, town or community where the armory is located, when such use will not interfere with the use of the facilities by the Nevada National Guard or result in risk to federal or state property, and upon condition that the organization makes a written request therefor and pays for heat, lights, janitor service and other expense required by such use.
3. Armories may be used by any federal, state, county and municipal bureau, agency or department or by the Armed Forces of the United States or by the reserve components thereof for their official business, when such use does not interfere with the members and units of the Nevada National Guard stationed in such armory, and when such use is approved by the officer in charge thereof and by his military superiors as prescribed by department regulations issued pursuant to this chapter.
4. Armories may be rented for use by a person, firm, association or corporation, not specified elsewhere in this section, for such purposes and upon such terms as may be approved by the officer in charge of the armory and by his military superiors as prescribed by department regulations issued pursuant to this chapter and when such use will not, and only so long as such use does not, interfere with the use of the armory by the members and units of the Nevada National Guard stationed therein.]
κ1985 Statutes of Nevada, Page 756 (CHAPTER 241, AB 441)κ
armory and by his military superiors as prescribed by department regulations issued pursuant to this chapter and when such use will not, and only so long as such use does not, interfere with the use of the armory by the members and units of the Nevada National Guard stationed therein.] , veterans organizations, any federal, state or local governmental entity or any other person, firm, corporation or association, if the use:
1. Does not interfere with the use of the facilities by the Nevada National Guard;
2. Does not result in the risk of harm to state or federal property; and
3. Is in accordance with department regulations issued pursuant to this chapter.
Sec. 10. NRS 412.108 is hereby amended to read as follows:
412.108 1. The person, firm, association or corporation applying for the rental of an armory or space within an armory [shall] must execute and deliver a written agreement which must include among its provisions his or its full name and address, the purpose for which its use is desired, the nature and manner of the intended use of the space, a reasonable rental to be paid for [such] that use and the amounts to be paid for heating, lighting, janitorial and other services connected with its use. The terms and provisions of the agreement must be governed by department regulations issued pursuant to this chapter, which regulations must include provisions designed to prevent unfair competition with privately owned property and business.
2. No agreement for use made under this section is effective until the agreement or lease has been approved and executed by the officer in charge of the armory or his authorized representative, and has been approved by his military superiors as prescribed by department regulations issued pursuant to this chapter.
3. No agreement or lease made under this section may be assigned in whole or in part nor may space be sublet to or used by a person, firm, association or corporation not a party to [such] the agreement, unless each assignment, subletting or use is first approved in writing by the officer in charge of the armory [.] or his authorized representative.
4. All money paid or given, directly or indirectly, for the [use] rental of an armory or to obtain an agreement or permission to use the armory [shall be] are use fees within the meaning of this section and must be paid to the officer in charge of the armory [.] or his authorized representative. Any person other than the officer in charge of the armory or his authorized representative who receives [any such] that money shall immediately pay over the money to the officer in charge of the armory [,] or his authorized representative, who shall immediately forward one-half of the money to the office of the adjutant general to be placed in a special revenue fund entitled the adjutant generals special armory fund, to be used by the department for necessary repairs and improvements of state armories and [arsenals] construction of new facilities in the manner prescribed by department regulations. The remainder of the money must be placed in an armory account to be kept by the officer in charge of the armory or his authorized representative, and used for military activities [,] and affairs and to further [community relations within] relations with the community in which the armory is located.
κ1985 Statutes of Nevada, Page 757 (CHAPTER 241, AB 441)κ
remainder of the money must be placed in an armory account to be kept by the officer in charge of the armory or his authorized representative, and used for military activities [,] and affairs and to further [community relations within] relations with the community in which the armory is located. These expenditures must be made according to department regulations and must be approved by a board of three [officers] persons appointed by the adjutant general.
5. When the use of an armory is by a federal, state, county or municipal bureau, agency or department or by any of the Armed Forces of the United States or any of the reserve components thereof, or by any unit of the reserve officers training corps , [unit,] the adjutant general [, in his discretion,] may require the execution of a contract or agreement for [such] that use, upon such terms and conditions as he may prescribe.
Sec. 11. NRS 412.124 is hereby amended to read as follows:
412.124 1. The adjutant general, with the approval of the governor, may order members of the Nevada National Guard to active duty. Members, while on active duty, are entitled to receive the pay and allowances of their corresponding grades in the Armed Forces of the United States, but in no case may the pay and allowances be less than $50 per day.
2. Members of the Nevada National Guard serving on courts-martial, courts of inquiry, efficiency boards, medical boards or other special duty requiring absence from their stations or business under competent orders may be reimbursed for necessary expenses incurred at the rate established for state employees by NRS 281.160.
3. In lieu of other provisions of this chapter, [a medical examiner may be paid] such amounts as are approved by the governor may be paid to a medical examiner for his services and necessary disbursements and to a properly appointed judge advocate [may be paid] for legal services and necessary disbursements in any suit, action or proceeding . [such amounts as are approved by the governor.]
4. Members of the Nevada National Guard may not receive from the state the pay or the pay and allowances provided [for] by this section when they are eligible for similar pay and allowances from federal funds.
5. Members of the Nevada National Guard may with their consent perform without pay or without pay and allowances in parades or ceremonial events, or any of the types of military duty prescribed in this chapter pursuant to orders issued by competent military authority . [; but necessary] Necessary traveling expenses, subsistence and per diem allowances may be furnished the members within the discretion of the adjutant general and within the amount appropriated therefor.
6. All pay and allowances provided [for] by this chapter, except per diem [,] allowances, mileage and expenses while traveling under orders , are subject to be applied to the payment of penalties and fines imposed by military courts, and to the payment of any shortage of [or injury to state or United States property or funds] funds or for injury to state or federal property for which a member of the Nevada National Guard is responsible or accountable where the responsibility has been fixed by competent authority.
κ1985 Statutes of Nevada, Page 758 (CHAPTER 241, AB 441)κ
federal property for which a member of the Nevada National Guard is responsible or accountable where the responsibility has been fixed by competent authority.
Sec. 12. NRS 412.254 is hereby amended to read as follows:
412.254 The following persons who are not in federal service are subject to this code:
1. Members of the Nevada National Guard [.] , whether or not they are in training pursuant to 32 U.S.C. §§ 501 to 507, inclusive.
2. All other persons lawfully ordered to duty in or with the Nevada National Guard, from the dates they are required by the terms of the order or other directive to obey [the same.] it.
Sec. 13. NRS 412.264 is hereby amended to read as follows:
412.264 1. The [governor, on the recommendation of the] adjutant general [,] shall appoint an officer of the Nevada National Guard as state judge advocate. To be eligible for appointment, an officer must [be] have been licensed to practice law in the State of Nevada [, and must have been so licensed] for at least 5 years [.] and must be qualified to act as a military judge advocate. The state judge advocate serves at the pleasure of the adjutant general.
2. The adjutant general may appoint as many assistant state judge advocates as he deems necessary, [which assistant state judge advocates shall] who must be officers of the Nevada National Guard and licensed to practice law in the State of Nevada.
3. The state judge advocate or his assistants shall make frequent inspections in the field [for supervision of] to supervise the administration of military justice.
4. Convening authorities shall at all times communicate directly with their staff judge advocate or legal officers in matters relating to the administration of military justice . [; and the] The staff judge advocate or legal officer of any command [is entitled to] may communicate directly with the staff judge advocate or legal officer of a superior or subordinate command, or with the state judge advocate.
5. No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel or investigating officer, or who has been a witness for either the prosecution or defense in any case, may later act as staff judge advocate or legal officer to any reviewing authority upon the same case.
Sec. 14. NRS 412.606 is hereby amended to read as follows:
412.606 1. No person, firm, association [or corporation shall,] , corporation or state or local governmental entity may, by any constitution, rule, bylaw, resolution, vote , [or] regulation, order or other action, discriminate against any member of the Nevada National Guard because of his membership therein.
2. Any person who willfully aids in enforcing any such constitution, rule, bylaw, resolution, vote , [or] regulation , order or other action against any member of the Nevada National Guard is guilty of a misdemeanor.
κ1985 Statutes of Nevada, Page 759 (CHAPTER 241, AB 441)κ
Sec. 15. NRS 482.376 is hereby amended to read as follows:
482.376 1. An owner of a motor vehicle who is a resident of this state and is an enlisted or commissioned member of the Nevada National Guard may, upon [signed] application on a form prescribed and furnished by the department, signed by the [members] member and his commanding officer and accompanied by proof of enlistment, be issued license plates upon which is inscribed NATL GUARD with four consecutive numbers. The applicant shall comply with the [motor vehicle] laws of this state [,] concerning motor vehicles, including the payment of the regular registration fees, as prescribed by this chapter. There [must be] is no additional fee for these special plates.
2. Each member may request two sets of license plates as described in subsection 1. The second set of license plates for an additional vehicle must have a different number than the first set of license plates issued to the same member. The license plates may only be used on private passenger vehicles or noncommercial trucks having an unladen weight of 6,000 pounds or less.
3. [At least 10 days before a members discharge or retirement from the Nevada National Guard, the member shall surrender any such] Any member of the Nevada National Guard other than the adjutant general, who retires or is honorably discharged may retain any license plates issued to him pursuant to subsection 1. The adjutant general shall surrender any license plates issued to him as adjutant general to the department when he leaves office, and may then be issued special license plates as described in subsection 1. If a member is dishonorably discharged, he shall surrender any of these special plates in his possession to the department at least 10 days before his discharge and, in lieu of [such] those plates, is entitled to receive regular Nevada license plates.
Sec. 16. NRS 607.205 is hereby amended to read as follows:
607.205 In aid of his enforcement responsibilities under the labor laws of the State of Nevada, including but not limited to NRS 338.030, 607.160, 607.170, 608.270 , [and] chapter 611 of NRS [,] and sections 3 and 4 of this act, the labor commissioner or a person designated from the commissioners regular staff may conduct hearings and issue decisions thereon in the manner provided by NRS 607.207.
Sec. 17. Sections 7 and 15 of this act become effective at 12:01 a.m. on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 760κ
Assembly Bill No. 13Committee on Government Affairs
CHAPTER 242
AN ACT relating to public employees; authorizing retired employees to reinstate certain insurance held before retirement; authorizing certain nonparticipating legislators to elect to be covered by the states group insurance program; and providing other matters properly relating thereto.
[Approved May 22, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. A public employee who has retired pursuant to NRS 286.510 or 286.620 or a contract issued pursuant to NRS 286.802 may reinstate any insurance, except life insurance, which was provided to him and his dependents at the time of his retirement under NRS 287.010, 287.020 or 287.0433 as a public employee by:
(a) Giving written notice of his intent to reinstate the insurance to his last public employer not later than January 31, 1986;
(b) Accepting the public employers current program or plan of insurance and any subsequent changes thereto; and
(c) Paying any portion of the policys premiums, in the manner set forth in NRS 286.615, which are due from the date of reinstatement and not paid by the public employer.
The last public employer shall give the insurer notice of the reinstatement no later than March 31, 1986. The reinstatement takes effect on the first day of the month following the date of the notice to the insurer.
2. Reinstatement of insurance excludes claims for expenses for any condition for which medical advice, treatment or consultation was rendered within 12 months before reinstatement unless:
(a) The person has not received any medical advice, treatment or consultation for a period of 6 consecutive months after the reinstatement; or
(b) The reinstated insurance has been in effect more than 12 consecutive months.
3. The retired public employee and his dependents must show evidence of their good health as a condition of the reinstatement.
Sec. 2. A legislator who has retired from the service of the state or completed 8 years of service as such before July 1, 1985, and who, during his term of office, did not participate in and have his dependents covered by the states group insurance program pursuant to NRS 287.0433 to 287.049, inclusive, or did not retain his membership may elect to participate in the program or reinstate his membership by:
1. Giving written notice of his intent to participate in the program to the committee on group insurance; and
2. Paying the required premium or contribution for his insurance.
________
κ1985 Statutes of Nevada, Page 761κ
Senate Bill No. 357Committee on Judiciary
CHAPTER 243
AN ACT relating to contractors; clarifying the requirement of publication of notice of action for interpleader against any claimants on a contractors bond; and providing other matters properly relating thereto.
[Approved May 22, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 624.273 is hereby amended to read as follows:
624.273 1. Each bond or deposit required by NRS 624.270 must be in favor of the State of Nevada for the benefit of any person who:
(a) As owner of the property to be improved entered into a construction contract with the contractor and is damaged by failure of the contractor to perform the contract or to remove liens filed against the property;
(b) As an employee of the contractor performed labor on or about the site of the construction covered by the contract;
(c) As a supplier or materialman furnished materials or equipment for the construction covered by the contract; or
(d) Is injured by any unlawful act or omission of the contractor in the performance of a contract.
2. Any person claiming against the bond or [cash] deposit may bring an action in a court of competent jurisdiction on the bond or against the board on the [cash] deposit for the amount of damage he has suffered to the extent covered by the bond or [cash] deposit. A person who brings action on a bond [must] shall notify the board in writing upon filing the action. No action may be commenced on the bond or deposit [after the expiration of] 2 years [following] after the commission of the act on which the action is based.
3. Upon receiving a request from a person for whose benefit a bond or deposit is required, the board shall notify him [:
(a) That a] that:
(a) A bond is in effect or that a deposit has been made, and the amount of either;
(b) [That there] There is an action against a bond, if that is the case, and the [title, court and case] court, the title and number of the action and the amount sought by the plaintiff; and
(c) [That there] There is an action against the board, if that is the case, and the amount sought by the plaintiff.
4. If a surety, or in the case of a [cash] deposit, the board, desires to make payment without awaiting court action , the amount of the bond or [cash] deposit must be reduced to the extent of any payment made by the surety or the board in good faith under the bond or [cash] deposit. Any payment must be based on written claims received by the surety or board [prior to] before the court action.
κ1985 Statutes of Nevada, Page 762 (CHAPTER 243, SB 357)κ
5. The surety or the board may bring an action for interpleader against all claimants upon the bond or deposit. If it does so, it must publish notice of the action at least [one time] once each week for 2 weeks in [every issue of] a newspaper of general circulation in the county where the contractor has his principal place of business. The surety or the board is entitled to deduct its costs of the action, including attorneys fees and publication, from its liability under the bond or from the deposit.
6. A claim of any employee of the contractor for labor is a preferred claim against a bond or [cash] deposit. If any bond or [cash] deposit is insufficient to pay all claims for labor in full, the sum recovered must be distributed among all claimants for labor in proportion to the amounts of their respective claims. Partial payment of claims is not full payment, and the claimants may bring actions against the contractor for the unpaid balances.
7. Claims, other than [labor claims,] claims for labor, against a bond or deposit have equal priority, except where otherwise provided by law, and if the bond or deposit is insufficient to pay all of those claims in full, they must be paid pro rata. Partial payment of claims is not full payment, and the claimants may bring actions against the contractor for the unpaid balances.
________
Assembly Bill No. 41Assemblymen Schofield, Dini, Jeffrey, Thompson, Banner, Getto and Kerns
CHAPTER 244
AN ACT relating to underground water; regulating the disposal of liquid wastes by injection through a well; providing for a system of permits; and providing other matters properly relating thereto.
[Approved May 22, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 445 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Contaminant means any physical, chemical, biological or radiological substance or matter which is added to water.
Sec. 3. The director may:
1. Perform any acts consistent with the requirements of state and federal legislation concerning the control of the injection of fluids through a well and the control of water pollution and conditions thereof relating to participation in and administration by this state of the National Pollutant Discharge Elimination System;
2. Advise, consult and cooperate with other agencies of the state, the Federal Government, other states, interstate agencies and with other persons in furthering the purposes of NRS 445.131 to 445.354, inclusive, and sections 2, 3 and 4 of this act;
κ1985 Statutes of Nevada, Page 763 (CHAPTER 244, AB 41)κ
persons in furthering the purposes of NRS 445.131 to 445.354, inclusive, and sections 2, 3 and 4 of this act;
3. Take the steps necessary to qualify for, accept and administer loans and grants from the Federal Government and from other sources, public or private, for carrying out any functions under NRS 445.131 to 445.354, inclusive, and sections 2, 3 and 4 of this act;
4. Encourage, request, participate in or conduct studies, surveys, investigations, research, experiments, demonstrations and pilot programs by contract, grant or other means;
5. Maintain or require supervisors and operators of treatment plants which are privately owned or owned by a municipality or other public entity to maintain records and devices for continuing observation and establish or require these supervisors and operators to establish procedures for making inspections and obtaining samples necessary to prepare reports;
6. Collect and disseminate information to the public as he considers advisable and necessary for the discharge of his duties under NRS 445.131 to 445.354, inclusive, and sections 2, 3 and 4 of this act;
7. Hold hearings and issue subpenas requiring the attendance of witnesses and the production of evidence as he finds necessary to carry out the provisions of NRS 445.131 to 445.354, inclusive, and sections 2, 3 and 4 of this act;
8. Exercise all incidental powers necessary to carry out the purposes of NRS 445.131 to 445.354, inclusive, and sections 2, 3 and 4 of this act; and
9. Delegate to the division any function or authority granted to him under NRS 445.131 to 445.354, inclusive, and sections 2, 3 and 4 of this act.
Sec. 4. Any regulation concerning injections of fluids through a well or any permit issued for the purpose of such an injection may not interfere with or impede the injection of material into a well to facilitate production of oil or gas or an injection to dispose of brine, water or other fluids which were brought to the surface in connection with the production of oil or gas, if the well is used either for facilitating production or for disposal and if the department determines that this injection or disposal will not result in the degradation of underground or surface water.
Sec. 5. NRS 445.133 is hereby amended to read as follows:
445.133 As used in NRS 445.131 to 445.354, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the terms defined in NRS 445.134 to 445.196, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 445.201 is hereby amended to read as follows:
445.201 1. Except as specifically provided in NRS 445.287 to 445.301, inclusive, the commission shall:
(a) Adopt regulations carrying out the provisions of NRS 445.131 to 445.354, inclusive, and sections 2, 3 and 4 of this act, including standards of water quality and amounts of waste which may be discharged into [water.
κ1985 Statutes of Nevada, Page 764 (CHAPTER 244, AB 41)κ
445.354, inclusive, and sections 2, 3 and 4 of this act, including standards of water quality and amounts of waste which may be discharged into [water.
(b)] the waters of the state.
(b) Adopt regulations controlling the injection of fluids through a well to prohibit those injections into underground water, if it supplies or may reasonably be expected to supply any public water system, as defined in NRS 445.376, which may result in that systems noncompliance with any regulation regarding primary drinking water or may otherwise have an adverse effect on human health.
(c) Advise, consult and cooperate with other agencies of the state, the Federal Government, other states, interstate agencies and other persons in furthering the provisions of NRS 445.131 to 445.354, inclusive [.] , and sections 2, 3 and 4 of this act.
(d) Determine and prescribe the qualifications and duties of the supervisors and technicians responsible for the operation and maintenance of package plants for sewage treatment.
2. In adopting regulations, standards of water quality [standards] and effluent limitations pursuant to [those sections,] NRS 445.131 to 445.354, inclusive, and sections 2, 3 and 4 of this act, the commission shall recognize the historical irrigation practices in the respective river basins of this state, [and] the economy thereof [,] and their effects.
3. The commission may hold hearings, issue notices of hearings, issue subpenas requiring the attendance of witnesses and the production of evidence, administer oaths [,] and take testimony as it [deems] considers necessary to carry out the provisions of subsections 1 and 2 and for the purpose of reviewing standards of water quality . [standards.
4. The commission shall determine and prescribe the qualifications and duties of the supervisors and technicians responsible for the operation and maintenance of package plants for sewage treatment.]
Sec. 7. NRS 445.214 is hereby amended to read as follows:
445.214 The director [has the following powers and duties:
1. To perform any acts consistent with the requirements of state and federal legislation concerning water pollution control and conditions thereof relating to participation in and administration by this state of the National Pollutant Discharge Elimination System;
2. To administer] shall:
1. Administer and enforce the provisions of NRS 445.131 to 445.354, inclusive, [and] sections 2, 3 and 4 of this act, all regulations adopted by the commission, and all orders and permits issued by the department;
[3. To examine]
2. Examine and approve or disapprove plans and specifications for the construction and operation of new [sewerage systems and] treatment works and extensions, modifications of or additions to new or existing [sewerage systems or] treatment works;
[4. To advise, consult and cooperate with other agencies of the state, the Federal Government, other states, interstate agencies and with other persons in furthering the purposes of NRS 445.131 to 445.354, inclusive;
κ1985 Statutes of Nevada, Page 765 (CHAPTER 244, AB 41)κ
other persons in furthering the purposes of NRS 445.131 to 445.354, inclusive;
5. To qualify for, accept and administer loans and grants from the Federal Government and from other sources, public or private, for carrying out any functions under NRS 445.131 to 445.354, inclusive;
6. To encourage, request, participate in or conduct studies, surveys, investigations, research, experiments, demonstrations and pilot programs by contract, grant or other means;
7. To maintain and to require supervisors and operators of treatment plants which are privately owned or owned by a municipality or other public entity to maintain records, monitoring devices and procedures for making inspections and obtaining samples necessary to prepare reports;
8. To collect and disseminate information to the public as the director deems advisable and necessary for the discharge of his duties under NRS 445.131 to 445.354, inclusive;
9. To develop]
3. Develop comprehensive plans and programs for preventing, reducing or eliminating pollution [,] and controlling injections through a well to prevent the degradation of existing or potential underground sources of drinking water, with due regard to the improvements which are necessary to conserve waters for the protection and propagation of fish and aquatic life, wildlife, recreational purposes, public water supply, agricultural, industrial and other purposes; and
[10. To certify]
4. Certify all costs and expenditures for any facility, land, building, machinery, equipment, treatment works [, sewerage] or disposal systems which are acquired, constructed or installed in conformity with the purposes of NRS 445.131 to 445.354, inclusive [;
11. To hold hearings and issue subpenas requiring the attendance of witnesses and the production of evidence as the director finds necessary to carry out the provisions of NRS 445.131 to 445.354, inclusive;
12. To exercise all incidental powers necessary to carry out the purposes of NRS 445.131 to 445.354, inclusive; and
13. To delegate to the division any function or authority granted to him under NRS 445.131 to 445.354, inclusive.] , and sections 2, 3 and 4 of this act.
Sec. 8. NRS 445.221 is hereby amended to read as follows:
445.221 Except as authorized by a permit issued by the department under the provisions of NRS 445.131 to 445.354, inclusive, sections 2, 3 and 4 of this act and regulations [promulgated under such sections] adopted by the commission, it is unlawful for any person to [discharge] :
1. Discharge from any point source any pollutant into any waters of the state or any treatment works [.] ; or
2. Inject fluids through a well into any waters of the state.
κ1985 Statutes of Nevada, Page 766 (CHAPTER 244, AB 41)κ
Sec. 9. NRS 445.224 is hereby amended to read as follows:
445.224 No permit may be issued which authorizes any discharge or injection of fluids through a well into any waters of the state:
1. Of any radiological, chemical or biological warfare agent or high-level radioactive waste;
2. Which would substantially impair anchorage and navigation in any waters of the state;
3. Which would result in the degradation of existing or potential underground sources of drinking water.
4. Which is inconsistent with an applicable areawide [waste treatment management plan;] plan for management of the treatment of waste; or
[4.] 5. Which the director determines is inconsistent with [rules,] the regulations and guidelines [promulgated] adopted by the commission pursuant to NRS 445.131 to 445.354, inclusive, and sections 2, 3 and 4 of this act, including those relating to standards of water quality [standards or limitations.] and injections of fluids through a well.
Sec. 10. NRS 445.227 is hereby amended to read as follows:
445.227 The department may issue permits for fixed terms not to exceed 5 years, but a permit to operate a package plant for sewage treatment must be reviewed annually by the department. In compliance with [such rules and] the regulations [as the commission shall prescribe,] adopted by the commission, the department may issue a new permit upon expiration of an existing permit if:
1. The [permitholder] holder of the permit is in full or substantial compliance with all the [terms, conditions,] requirements and schedules of compliance of the expired permit;
2. The department has current information on the nature [, contents] and frequency of the [permitholders discharge,] discharge or injection of fluids through a well by a holder of a permit, either pursuant to the submission of new forms and applications or pursuant to [monitoring] continuing observation of records and reports submitted to the department by the [permitholder;] holder of the permit; and
3. The discharge or injection of fluids through a well is consistent with applicable effluent [standards and] limitations, standards of water quality [standards] and other [legally] applicable requirements set forth in [NRS 445.244 to 445.257, inclusive.] NRS 445.131 to 445.354, inclusive, and sections 2, 3 and 4 of this act.
Sec. 11. NRS 445.231 is hereby amended to read as follows:
445.231 1. Each permit issued by the department must ensure compliance with the following factors whenever applicable to the discharge or the injection of fluids through a well for which the permit is sought : [pursuant to the regulations and guidelines adopted by the commission:]
(a) Effluent limitations;
(b) Standards of performance for new sources;
κ1985 Statutes of Nevada, Page 767 (CHAPTER 244, AB 41)κ
(c) [Effluent standards, effluent prohibitions and] Standards for pretreatment [standards; and
(d)] ;
(d) Standards for injections of fluids through a well; and
(e) Any more stringent limitations, including any necessary to meet or effectuate standards of water quality , [standards, treatment] standards of treatment or schedules of compliance developed by the department as part of a continuing planning process or areawide [waste treatment management plan] plan for the management of the treatment of waste under NRS 445.257 [,] or in furthering the purposes and goals of NRS 445.131 to 445.354, inclusive [.] , and sections 2, 3 and 4 of this act.
2. Each permit must specify average and maximum daily or other appropriate quantitative limitations for the level of pollutants or contaminants in the authorized discharge [.] or injection.
3. If an application is made to discharge from a point source into any waters of this state which flow directly or ultimately into an irrigation reservoir upstream from which are located urban areas in two or more counties each with a population of 25,000 or more, the department shall give notice of the application to each city, county, unincorporated town and irrigation district located downstream from the point of discharge. Notice to an unincorporated town must be given to the town board or advisory council if there in one.
Sec. 12. NRS 445.234 is hereby amended to read as follows:
445.234 [The commission shall by regulation require that:
1. Notification be made and information supplied to the department from publicly owned treatment works of permitholders relating to]
1. A holder of a permit for a publicly owned treatment works shall notify and supply the department with information concerning any new or increased introduction of pollutants into [such] the treatment works . [;]
2. All [permitholders] holders of permits issued under NRS 445.221 to 445.237, inclusive, whose production increases, or whose process modifications or facility expansion result in new or increased discharges or injections of fluids through a well shall report such changes by submitting a new application for a permit to the department.
[Permits may be issued subject to the factors and conditions set forth in this section.]
Sec. 13. NRS 445.257 is hereby amended to read as follows:
445.257 The department shall establish a continuing planning process consistent with all applicable federal requirements which results in plans for all waters of the state and includes:
1. Adequate effluent limitations and schedules of compliance;
2. The incorporation of all elements of any applicable areawide plans for management of waste [management plans] and [basin] plans for basins under NRS 445.131 to 445.354, inclusive [;] , and sections 2, 3 and 4 of this act;
3. Total maximum daily load for pollutants [;] and contaminants;
κ1985 Statutes of Nevada, Page 768 (CHAPTER 244, AB 41)κ
4. Procedures for revision [;] of the plans;
5. Adequate authority for intergovernmental cooperation;
6. Adequate implementation, including schedules of compliance, for revised or new standards of water quality ; [standards;]
7. Controls over the disposition of all residual waste from any [water treatment processing; and] treatment of water;
8. An inventory and ranking, in order of priority, of needs for construction of [waste] treatment works [required to meet applicable requirements [.] ; and
9. Controls over the injection of fluids through a well to prevent the degradation of underground water.
Sec. 14. NRS 445.304 is hereby amended to read as follows:
445.304 To enforce the provisions of NRS 445.131 to 445.354, inclusive, sections 2, 3 and 4 of this act, or any [rule,] regulation, order or permit issued thereunder, the director or authorized representative of the department may, upon presenting proper credentials:
1. Enter [on or through] any premises in which any act violating NRS 445.131 to 445.354, inclusive, and sections 2, 3 and 4 of this act originates or takes place or in which any required records are required to be maintained;
2. At reasonable times, have access to and copy any records required to be maintained;
3. Inspect any [monitoring] equipment or method [;] for continuing observation; and
4. Have access to and sample any discharges [of pollutants] or injection of fluids into [state] waters of the state which result directly or indirectly from activities [or operations] of the owner or operator of the premises where the discharge [of pollutants] originates or takes place [.] or the injection of fluids through a well takes place.
Sec. 15. NRS 445.307 is hereby amended to read as follows:
445.307 The commission may by regulation, and the department may by order or permit, require any person injecting or causing an injection of fluids through a well or the owner or operator of any source of a discharge [of pollutants] into waters of the state or into treatment works to:
1. Establish and maintain such records;
2. Make such reports;
3. Install, calibrate, use and maintain such [monitoring] equipment or methods [,] for continuing observation, including where appropriate, biological [monitoring] methods [;] for continuing observation;
4. Sample such discharges or injections of fluids in accordance with such methods, at such locations, at such intervals and in such manner; and
5. Provide such other information relating to injections or discharges [of pollutants] into waters of the state,
as the director prescribes or as is necessary to determine the existence, nature and frequency of any injections through a well or any discharges [of pollutants] into [such waters.]
κ1985 Statutes of Nevada, Page 769 (CHAPTER 244, AB 41)κ
[of pollutants] into [such waters.] waters of the state or into treatment works.
Sec. 16. NRS 445.311 is hereby amended to read as follows:
445.311 1. Any records, reports or information obtained under NRS 445.131 to 445.354, inclusive, [shall] and sections 2, 3 and 4 of this act must be available to the public for inspection and copying unless the director considers [such] the record, report or information or part thereof as confidential on a satisfactory showing that the information contained therein, other than information describing [the] a discharge [of pollutants] into the waters of the state [,] or injection of contaminants through a well, is entitled to protection as a trade secret of the informant.
2. Any [such] record, report or information [accorded confidential treatment] treated as confidential may be disclosed or transmitted to other officers, employees or authorized representatives of this state or the United States who:
(a) Carry out the provisions of NRS 445.131 to 445.354, inclusive [; or] , and sections 2, 3 and 4 of this act; or
(b) [Deem such] Consider the information relevant in any [adversary administrative or court] proceeding under NRS 445.131 to 445.354, inclusive, and sections 2, 3 and 4 of this act and [such] the information is admissible under the rules of evidence.
Sec. 17. NRS 445.331 is hereby amended to read as follows:
445.331 1. Any person who violates or aids or abets in the violation of any provision of NRS 445.131 to 445.354, inclusive, sections 2, 3 and 4 of this act or of any permit, [rule,] regulation, standard or final order issued thereunder, except a provision concerning a diffuse source, shall pay a civil penalty of not more than $10,000 for each day of such violation. The civil penalty imposed by this subsection is in addition to any other penalties provided pursuant to NRS 445.131 to 445.354, inclusive.
2. In addition to the penalty provided in subsection 1, the department may recover from such person actual damages to the state resulting from the violation of NRS 445.131 to 445.354, inclusive, [or] sections 2, 3 and 4 of this act, any [rule,] regulation or standard [promulgated] adopted by the commission, or permit or final order issued by the department, except the violation of a provision concerning a diffuse source.
3. Damages may include any expenses incurred in removing, correcting and terminating any adverse effects resulting from [the discharge of pollutants] a discharge or the injection of contaminants through a well and may also include compensation for any loss or destruction of wildlife, fish or aquatic life . [and any other actual damages caused by the violation.]
________
κ1985 Statutes of Nevada, Page 770κ
Assembly Bill No. 482Committee on Judiciary
CHAPTER 245
AN ACT relating to civil actions; increasing the special filing fee for legal aid to indigent and elderly persons; changing the allocation of the fee; and providing other matters properly relating thereto.
[Approved May 22, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 19.031 is hereby amended to read as follows:
19.031 1. In each county in which legal services are provided without charge to indigent or elderly persons through a program for legal aid [program] organized under the auspices of the State Bar of Nevada, a county or local bar association, a county program for legal services [program] or other program funded by this state or the United States to provide legal assistance, the county clerk shall, on the commencement of any civil action or proceeding in the district court for which a filing fee is required, and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required, charge and collect a fee of [$4] $7 from the party commencing or appearing in the action or proceeding. These fees are in addition to any other fees required by law.
2. On or before the first Monday of each month the county clerk shall pay over to the county treasurer the amount of all fees collected by him pursuant to subsection 1. Except as provided in subsection 3, the county treasurer shall remit quarterly to the organization operating the program for legal services : [program:]
(a) For indigent persons, [three-fourths;] five-sevenths; and
(b) For elderly persons, [one-fourth,] two-sevenths,
of all the amounts received by him.
3. If the county treasurer receives notice from the state or a political subdivision that an award of attorneys fees or costs has been made to an organization which receives money pursuant to this section and has been paid, he shall:
(a) Deduct an amount equal to the award from the amount to be paid to the organization; and
(b) Remit an equal amount to the state or to the political subdivision which paid the fees or costs at the time when he would have paid it to the organization.
4. The fees which are collected from a county must be used for the benefit of the indigent or elderly persons in that county.
________
κ1985 Statutes of Nevada, Page 771κ
Assembly Bill No. 488Committee on Judiciary
CHAPTER 246
AN ACT relating to partitioning of real property; simplifying the procedures for partitioning real property; providing more flexibility in those procedures; reducing the number of masters required; and providing other matters properly relating thereto.
[Approved May 23, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 39.010 is hereby amended to read as follows:
39.010 When several persons hold and are in possession of real property as joint tenants or as tenants in common, in which one or more of them have an estate of inheritance, or for life or lives, or for years, an action may be brought by one or more of such persons for a partial partition thereof according to the respective rights of the persons interested therein, and for a sale of such property or a part of it, if [it appear that] a partition cannot be made without great prejudice to the owners [.] or if the owners consent to a sale. Whenever from any cause it is, in the opinion of the court, impracticable or highly inconvenient to make a complete partition, in the first instance, among all the parties in interest, the court may first ascertain and determine the shares or interest respectively held by the original cotenants, and thereupon [adjudge and] cause a partition to be made, as if [such] the original cotenants were the [parties, and sole parties, in interest, and the] only parties to the action and thereafter may proceed [in like manner] to adjudge and make partition separately of each share or portion so ascertained and allotted as between those claiming under the original tenant to whom the [same shall have been so] property has been set apart, or may allow them to remain tenants in common thereof, as they may desire.
Sec. 2. NRS 39.060 is hereby amended to read as follows:
39.060 1. If a party having a share or interest is unknown or any one of the known parties reside out of the state or cannot be found [therein and such] , and this fact is made to appear by affidavit, the summons may be served on [such] the absent or unknown party by publication, as in other cases. Then publication is made, the summons as published [shall] must be accompanied by a brief description of the property which is the subject of the action.
2. The court may appoint an attorney to represent an absent or unknown party.
Sec. 3. NRS 39.120 is hereby amended to read as follows:
39.120 If [it be alleged in the complaint, and be established by evidence, or if it appear by the evidence without such allegation in the complaint,] the evidence establishes to the satisfaction of the court [,] that the property, or any part of it, is so situated that partition cannot be made without great prejudice to the owners [,] or if the owners consent, the court may order a sale thereof. Otherwise, upon the requisite proofs being made, it shall order a partition according to the respective rights of the parties, as ascertained by the court, and [appoint three masters therefor; and shall designate the portion] may appoint a master to partition the property.
κ1985 Statutes of Nevada, Page 772 (CHAPTER 246, AB 488)κ
proofs being made, it shall order a partition according to the respective rights of the parties, as ascertained by the court, and [appoint three masters therefor; and shall designate the portion] may appoint a master to partition the property. The court shall designate the portion of the property to remain undivided for the owners whose interests remain unknown, or are not ascertained.
Sec. 4. NRS 39.130 is hereby amended to read as follows:
39.130 In making the partition, the [masters] master or the court shall divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties, as determined by the court, designating the several portions by proper landmarks, and may employ a surveyor with the necessary assistants to aid [them therein.] in the division.
Sec. 5. NRS 39.140 is hereby amended to read as follows:
39.140 The [masters] master shall make a report of [their] the proceedings, specifying therein the manner of executing [their] his trust, describing the property divided and the shares allotted to each party, with a particular description of each share.
Sec. 6. NRS 39.150 is hereby amended to read as follows:
39.150 1. The court may confirm, change, modify or set aside the report, and, if necessary, appoint a new [masters.] master.
2. Upon the report being confirmed, [judgment shall be rendered that such partition be effectual forever, which judgment shall be] or upon partition by the court, the court shall enter a judgment of partition. The judgment is binding and conclusive:
(a) On all persons named as parties to the action, and their legal representatives, who have at the time any interest in the property divided, or any part thereof, as owners in fee or as tenants for life or for years, or as entitled to the reversion, remainder or the inheritance of [such] the property, or of any part thereof, after the determination of a particular estate therein, and who by any contingency may be entitled to a beneficial interest in the property, or who have an interest in any undivided share [thereof] as tenants for years or for life;
(b) On all persons interested in the property who may be unknown, to whom notice [shall have] has been given of the action for partition by publication; and
(c) On all other persons claiming from any such parties or [person, or either of them.] persons.
3. No judgment is invalidated by reason of the death of any party, after filing of the report of the [masters] master and before final judgment or decree . [; but such] The judgment or decree is as conclusive against the heirs, legal representatives or assigns of [such] the decedent as if it had been entered before his death.
Sec. 7. NRS 39.230 is hereby amended to read as follows:
39.230 The proceeds of the sale of [the incumbered property shall] encumbered property must be applied, under the direction of the court, or by the court, as follows:
κ1985 Statutes of Nevada, Page 773 (CHAPTER 246, AB 488)κ
1. To pay its just proportion of the general costs of the action.
2. To pay the costs of the reference [.] , if any.
3. To satisfy and cancel of record the [several] liens in their order of priority, by payment of the sums due and to become due , [;] the amount due to be verified by affidavit at the time of payment.
4. The residue among the owners of the property sold, according to their respective shares therein.
Sec. 8. NRS 39.250 is hereby amended to read as follows:
39.250 The proceeds of sale and the securities taken by the [masters,] master or the court, or any part thereof, [shall] must be distributed [by them] to the persons entitled thereto, whenever the court so directs. [But in case no direction be given all such proceeds and securities shall be paid into court, or deposited therein, or as directed by the court.] If the court does not direct the master to distribute the proceeds and the securities, the master shall deposit them with the court or as the court directs.
Sec. 9. NRS 39.270 is hereby amended to read as follows:
39.270 1. All sales of real property [, made by masters] under this chapter [, shall] must be made by public auction or by private sale. The sale must be made to the highest bidder, upon notice published in the manner required [for the sale of real property on execution.] by subsections 2 and 3. The notice [shall] must state terms of sale, and if the property or any part of it is to be sold subject to a prior estate, charge or lien, that [shall] must be stated in the notice.
2. Notice of a public auction or a private sale must be posted for 20 consecutive days, in three public places of the township or city in which the property is situated and at the location where the property is to be sold. The notice must also be given by publishing a copy once each week for 3 consecutive weeks in a newspaper of general circulation, if there is one in the county. The cost of publication may not exceed the rate for legal advertising provided in NRS 238.070. If the newspaper neglects or refuses to make the publication, then posting of the notices is sufficient notice.
3. In case of a private sale, the notice must state a place where bids or offers will be received and a day on or after which the sale will be made. The sale must be made within 1 year after that date.
Sec. 10. NRS 39.280 is hereby amended to read as follows:
39.280 The court shall, in the order for sale, direct the terms of the sale and of any credit which may be allowed for the purchase money of any portion of the premises of which it may direct a sale on credit, and for that portion of which the purchase money is required, by the provisions [hereinafter contained,] of this chapter, to be invested for the benefit of unknown owners, infants or parties out of the state. The court may appoint a master to appraise the property before directing the terms of the sale.
κ1985 Statutes of Nevada, Page 774 (CHAPTER 246, AB 488)κ
Sec. 11. NRS 39.290 is hereby amended to read as follows:
39.290 The [masters] master or the court may take separate mortgages and other securities for the whole or convenient portions of the purchase money, of such parts of the property as are [directed by the court to be] sold on credit, for the shares of any known owner of full age, in the name of [such] the owner, and for the shares of an infant, in the name of the guardian of [such] the infant, and for other shares, in the name of the clerk of the county and his successors in office.
Sec. 12. NRS 39.350 is hereby amended to read as follows:
39.350 Neither [of the masters,] a master nor any person for the benefit of [either of them, shall] him, may be interested in any purchase [; nor shall] , nor may a guardian of an infant party be interested in the purchase of any real property [, being] which is the subject of the [action,] sale, except for the benefit of the infant. All sales contrary to the provisions of this section [shall be] are void.
Sec. 13. NRS 39.360 is hereby amended to read as follows:
39.360 After completing a sale of the property, or any part thereof ordered to be sold, the [masters] master shall report the [same] sale to the court, with a description of the different parcels of land sold to each purchaser, the name of the purchaser, the price paid or secured, the terms and conditions of the sale, and the securities, if any taken. The report [shall] must be filed in the office of the clerk of the county where the property is situated.
Sec. 14. NRS 39.370 is hereby amended to read as follows:
39.370 If the sale [be] is confirmed by the court, an order [shall] must be entered directing the [masters] master to execute conveyances and take securities pursuant to [such] the sale, which [they are] he is hereby authorized to do. [Such] The order may also give directions to [them] him respecting the disposition of the proceeds of the sale. The court may execute conveyances and take securities pursuant to a sale conducted by the court.
Sec. 15. NRS 39.380 is hereby amended to read as follows:
39.380 When a party entitled to a share of the property, or an [incumbrancer] encumbrancer entitled to have his lien paid out of the sale, becomes a purchaser, the [masters] master or the court may take his receipt for so much of the proceeds of the sale as belongs to him.
Sec. 16. NRS 39.420 is hereby amended to read as follows:
39.420 When [security is taken by the masters on a sale, and the parties interested in such security, by an instrument in writing under their hands delivered to the masters, agree upon the shares and proportions to which they are respectively entitled, or when shares and proportions have been previously adjudged by the court, such securities shall be taken in the names of, and payable to, the parties respectively entitled thereto, and shall be delivered to such parties upon their receipt therefor. Such agreement and receipt shall] the parties to an action for partition agree upon their interests in the property to be partitioned or their interests have been determined by the court and the property is sold on credit which is secured by the purchasers, the security must be taken in the names of the parties entitled to the security.
κ1985 Statutes of Nevada, Page 775 (CHAPTER 246, AB 488)κ
sold on credit which is secured by the purchasers, the security must be taken in the names of the parties entitled to the security. The security must be delivered to them upon their receipt for it. The agreement of the parties and the receipt must be returned and filed with the clerk.
Sec. 17. NRS 39.480 is hereby amended to read as follows:
39.480 The costs of partition, fees of [masters] the master and other disbursements and also, in the discretion of the court, reasonable counsel fees expended by the parties for the common benefit, [shall] must be paid by the parties respectively entitled to share in the lands divided, in proportion to their respective interests therein, and may be included and specified in the judgment. [In that case there shall be] If the costs and fees are included in the judgment, there is a lien on the several shares, and the judgment may be enforced by execution against [such] the shares and against other property held by the respective parties. When [, however,] litigation arises between some of the parties only, the court may require the expenses of [such] the litigation to be paid by the parties [thereto,] to the litigation or any of them.
Sec. 18. NRS 39.490 is hereby amended to read as follows:
39.490 The court [, with the consent of the parties,] may appoint [a single master, instead of three masters,] three masters upon request of the parties instead of a single master, in the proceedings under the provisions of this chapter . [, and the single master, when thus appointed, shall] The three masters have all the powers and must perform all the duties required of the [three masters.] single master.
Sec. 19. NRS 39.500 is hereby amended to read as follows:
39.500 When the action is for partition of a mining claim among the tenants in common, joint tenants, coparceners or partners thereof, the court, upon good cause shown by any party or parties in interest, may, instead of ordering partition to be made in the manner [as hereinbefore provided,] provided in NRS 39.010 to 39.390, inclusive, or ordering a sale of the premises for cash, direct the [masters] master to divide the claim in the manner [hereinafter specified.] specified in NRS 39.510 to 39.570, inclusive.
Sec. 20. NRS 39.510 is hereby amended to read as follows:
39.510 The court shall, in its order, or by a subsequent order made upon motion, fix the time for division of the claim by the [masters, which shall] master, which may not be less than 20 nor more than 40 days from the day of making the order, except by consent of all the parties in interest who have appeared in the action.
Sec. 21. NRS 39.520 is hereby amended to read as follows:
39.520 On the day designated in the order, the [masters] master shall go upon the claim to be divided, and proceed to make division of the [same as hereinafter provided,] claim as provided in NRS 39.530 to 39.570, inclusive, and shall continue from day to day until the whole business is completed.
Sec. 22. NRS 39.530 is hereby amended to read as follows:
39.530 Two or more of the tenants in common, joint tenants, copartners or parceners may unite together for the purposes of [such] the division, of which they [shall] must give the [masters] master written notice before [they commence] he commences the business of division .
κ1985 Statutes of Nevada, Page 776 (CHAPTER 246, AB 488)κ
the division, of which they [shall] must give the [masters] master written notice before [they commence] he commences the business of division . [; and all] All who do not unite [as aforesaid] or give notice of separate action, shall, for the purposes of division, be deemed [and held] to have united. The [masters in their action] master shall recognize those named in the order of the court, or their agents and attorneys in fact, [duly appointed by instrument in writing, and acknowledged as in cases of conveyance of real estate,] the guardian of an infant, and the guardian entitled to the custody and management of the estate of an insane person or other person adjudged incapable of conducting his own affairs, and as to the interest of each, [shall] the master must be controlled entirely by the order of the court.
Sec. 23. NRS 39.540 is hereby amended to read as follows:
39.540 At the time and place of division, [one of the masters to be selected by them] the master shall, in the manner of public auction, offer to the party or parties who will take the least part or portion of the mining claim in proportion to the interest he or they may have therein, the privilege of first selecting the place at which his portion [shall] will be located, and upon closing the bids the [masters] master shall proceed to measure and mark off, by distinct metes and bounds, to the lowest bidder, his or their portion of the mining claim, at the place designated by them or him, according to the terms of his or their bid.
Sec. 24. NRS 39.550 is hereby amended to read as follows:
39.550 When the [masters have] master has marked off and set apart the interest of the lowest bidder, as provided in NRS 39.540, [they] he shall offer to the remaining parties the privilege of selection , [as in the section mentioned and described,] and shall, upon closing the bids, proceed in the same manner to locate and mark off the portion of the lowest bidder, and shall thereafter continue in the same manner to receive bids and mark off the interest of the bidder or bidders until there [shall remain] remains but one party in interest, or parties united, forming one interest, as provided in NRS 39.530. The party or parties remaining [shall] become the owner or owners, as the case may be, of the entire claim not marked off and set apart to the other parties , [as hereinbefore provided,] in proportion to their respective interests in the claim.
Sec. 25. NRS 39.560 is hereby amended to read as follows:
39.560 The [masters] master shall return with [their report in this chapter required to be made by them,] the report required by NRS 39.140 the evidences of authority presented to [them] him by persons other than the parties mentioned in the order of the court by which they claim the right to bid, or otherwise act, during the proceedings . [hereinbefore mentioned.]
Sec. 26. NRS 39.570 is hereby amended to read as follows:
39.570 The expenses of the [masters, including] master and those of a surveyor and his assistant, when employed, [shall] must be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by law to the [masters, shall] master, must be apportioned among the different parties to the action.
κ1985 Statutes of Nevada, Page 777 (CHAPTER 246, AB 488)κ
with the fees allowed by law to the [masters, shall] master, must be apportioned among the different parties to the action.
________
Senate Bill No. 441Senator Rhoads
CHAPTER 247
AN ACT relating to conservation districts; transferring the responsibilities of the secretary of state to the administrative officer of the division of conservation districts in the state department of conservation and natural resources; and providing other matters properly relating thereto.
[Approved May 23, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 548.175 is hereby amended to read as follows:
548.175 The commission has the following duties and powers:
1. [Except as otherwise delegated by law, to] To carry out the policies of this state in programs at the state level for the conservation of the renewable natural resources of this state and to represent the state in matters affecting such resources.
2. To offer such assistance as may be appropriate to the supervisors of conservation districts in the carrying out of any of their powers and programs; to propose programs and to assist and guide districts in the preparation and carrying out of programs [for resource conservation] authorized under this chapter; to review district programs; to coordinate the programs of the [several] districts and resolve any conflicts in such programs; to facilitate, promote, assist, harmonize, coordinate and guide the [resource conservation] programs and activities of districts as they relate to other special purpose districts, counties and other public agencies.
3. To keep the supervisors of each of the [several] districts informed of the activities and experience of all other districts organized pursuant to this chapter, and to facilitate an interchange of advice and experience among [such] those districts and promote cooperation among them.
4. To secure the cooperation and assistance of the United States, any of its agencies and of other agencies of this state in the work of conservation districts.
5. To serve, along with conservation districts, as the official state agency for cooperating with the soil conservation service of the United States Department of Agriculture in carrying on conservation operations within the boundaries of conservation districts as created under this chapter.
6. To enlist the cooperation and collaboration of state, federal, interstate, local, public and private agencies with the conservation districts and to facilitate arrangements under which the conservation districts may serve county governing bodies and other agencies as their local operating agencies in the administration of any activity concerned with the conservation and use of renewable natural resources.
κ1985 Statutes of Nevada, Page 778 (CHAPTER 247, SB 441)κ
interstate, local, public and private agencies with the conservation districts and to facilitate arrangements under which the conservation districts may serve county governing bodies and other agencies as their local operating agencies in the administration of any activity concerned with the conservation and use of renewable natural resources.
7. To make available, with the assistance of the division, information concerning the needs and the work of the districts and the commission to the director of the state department of conservation and natural resources, the legislature, executive agencies and political subdivisions of this state, cooperating federal agencies and the general public.
8. To cooperate with and give such assistance as may be requested by cities, counties, irrigation districts, and other special purpose districts in the State of Nevada for the purpose of cooperating with the United States through the Secretary of Agriculture in the furtherance of conservation, pursuant to the provisions of the Watershed Protection and Flood Prevention Act, 16 U.S.C. §§ 1001 to 1007, inclusive, and the requirements of other special programs of the United States Department of Agriculture.
9. Pursuant to procedures developed mutually by the commission and federal, state and local agencies that are authorized to plan or administer activities significantly affecting the conservation and use of renewable natural resources, to receive from [such] those agencies, for review and comment, suitable descriptions of their plans, programs, and activities for purposes of coordination with the district conservation programs; to arrange for and participate in conferences necessary to avoid conflict among such plans and programs, to call attention to omissions, and to avoid duplication of effort.
10. To submit, with the assistance of the division, a report to the director of the state department of conservation and natural resources whenever the commission determines that there exists a substantial conflict between the [resources conservation] program of a district and the proposed plans or activities directly affecting [resource] the conservation of natural resources prepared by any other local government unit or agency of this state.
11. By [commission] administrative order [,] of the commission, upon the written request of the board of supervisors of the conservation district or districts involved, with a showing that [such] the request has been approved by a majority vote of the members of each of the boards involved:
(a) To transfer lands from one district established under the provisions of this chapter to another.
(b) To divide a single district into two or more districts, each of which [shall,] must, thereafter, operate as a separate district under the provisions of this chapter.
(c) To consolidate two or more districts established under the provisions of this chapter [, which consolidated area shall operate thereafter as] into a single district under the provisions of this chapter.
(d) To inform the [secretary of state] administrative officer of the division of any action taken pursuant to this subsection for his approval of any new name and the appropriate entry in his records of the changes made.
κ1985 Statutes of Nevada, Page 779 (CHAPTER 247, SB 441)κ
division of any action taken pursuant to this subsection for his approval of any new name and the appropriate entry in his records of the changes made.
12. To authorize the change of name of any district, upon receipt by the commission of a resolution by the board of supervisors of the district for such a change and to present the resolution to the [secretary of state] administrative officer of the division for processing and recording in accordance with the provisions of NRS 548.240.
Sec. 2. NRS 548.235 is hereby amended to read as follows:
548.235 1. The five appointed supervisors shall present to the [secretary of state] administrative officer of the division an application signed by them, which [shall set forth (and such application need contain no detail other than the mere recitals):] states:
(a) That a petition for the creation of the district was filed with the [state conservation] commission pursuant to the provisions of this chapter, and that the proceedings specified in this chapter were taken pursuant to [such] that petition.
(b) That the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body, corporate and politic, under this chapter.
(c) That the commission has appointed them as supervisors.
(d) The name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office.
(e) The term of office of each of the supervisors.
(f) The name which is proposed for the district.
(g) The location of the principal office of the supervisors of the district.
2. The application [shall] must be subscribed and sworn to by each of the supervisors before an officer authorized [by the laws of this state] to take and certify oaths, who shall certify upon the application that he personally knows the supervisors and knows them to be the officers as affirmed in the application, and that each has subscribed thereto in the officers presence.
3. The application [shall] must be accompanied by a statement by the [state conservation commission, which shall certify (and such statement need contain no detail other than the mere recitals):] commission:
(a) That a petition was filed, notice issued and hearing held as required by this chapter.
(b) That the commission did [duly] determine that there is need, in the interest of the public health, safety and welfare, for a conservation district to function in the proposed territory and did define the township or townships to be included.
(c) That notice was given and a referendum held on the question of the creation of such a district, and that a majority of the votes cast in such referendum were in favor of the creation of the district.
κ1985 Statutes of Nevada, Page 780 (CHAPTER 247, SB 441)κ
(d) That thereafter the commission did [duly] determine that the operation of the proposed district is administratively practicable and feasible.
4. The statement [shall] must set forth the township or townships to be included.
Sec. 3. NRS 548.240 is hereby amended to read as follows:
548.240 1. The [secretary of state] administrative officer of the division shall examine the application and statement [,] and if he finds that the name proposed for the district is not identical with that of any other conservation district of this state or so nearly similar as to lead to confusion or uncertainty [,] he shall [receive and file them, and shall] record them in an appropriate book of record in his office.
2. If [the secretary of state shall find] he finds that the name proposed for the district is identical with that of any other conservation district of this state, or so nearly similar as to lead to confusion and uncertainty, he shall [certify such fact to the state conservation ] notify the commission. The commission shall thereupon submit [to the secretary of state] a new name for the district . [, which shall not be subject to such defects.] Upon receipt of [such] a new name, free of such defects, [the secretary of state] he shall record the application and statement, with the name so modified, in an appropriate book of record in his office.
3. When the application and statement have been [made, filed and recorded as herein provided, the district shall constitute] recorded, the district becomes a governmental subdivision of this state and a public body corporate and politic.
4. The [secretary of state] administrative officer of the division shall make and issue to the supervisors a certificate, [under the seal of the state,] over his signature, of the [due] organization of the district . [, and shall record such certificate with the application and statement.]
5. The boundaries of [such district shall] the district must include the territory [as] determined by the [state conservation] commission, but [in no event shall they] must not include any area included within the boundaries of another conservation district organized under the provisions of this chapter.
Sec. 4. NRS 548.245 is hereby amended to read as follows:
548.245 1. In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding or action of the district, the district shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the certificate by the [secretary of state.] administrative officer of the division.
2. A copy of such a certificate [duly certified] issued by the [secretary of state shall be] administrative officer of the division is admissible in evidence in any such suit, action or proceeding and [shall be] is proof of the [filing and] contents thereof.
κ1985 Statutes of Nevada, Page 781 (CHAPTER 247, SB 441)κ
Sec. 5. NRS 548.250 is hereby amended to read as follows:
548.250 1. Within 30 days after the date of issuance by the [secretary of state] administrative officer of the division of a certificate of organization of a conservation district, nominating petitions may be filed with the [state conservation] commission to nominate candidates for supervisors at large of [such] the district.
2. The commission [shall have authority to] may extend the time within which nominating petitions may be filed.
3. No [such] nominating petition [shall] may be accepted by the commission unless it [shall be] is subscribed by three or more registered voters residing within [such] the district.
4. Registered voters of the district may sign more than one [such] nominating petition to nominate more than one candidate for supervisor.
Sec. 6. NRS 548.285 is hereby amended to read as follows:
548.285 1. The county clerk of the county in which a conservation district is situated, or his designee, shall conduct a biennial nonpartisan election for the replacement of any supervisors whose terms are about to expire and shall pay all costs of [such] that election from county funds.
2. [Such an election shall] The election must be held either at a mass meeting of electors, held in a centrally located public meeting place within the district, or as part of the general election.
3. If a mass meeting is held for the election, it [shall be held within the district] must be held on one of the first 10 days of November in each even-numbered year.
4. If the election is held at a mass meeting:
(a) The chairman of the district supervisors shall preside at this meeting and the secretary of the district shall keep a record of transactions at the meeting.
(b) Nominations of candidates [shall] must be made verbally from the floor.
(c) Voting [shall] must be by secret ballot. The chairman of the district supervisors shall appoint three electors present to act, without pay, as judges and tellers to count the votes at the conclusion of voting.
5. If the election is held as part of the general election:
(a) Candidates are bound by the election laws governing county elections.
(b) Ballots [shall] must be provided bearing the names of candidates in alphabetical order by surnames with a square before each name and a direction to insert an X mark in the square before the name or names of the voters choice.
(c) At the close of polling, the sealed ballot boxes [shall] must be delivered unopened to the county clerk or his designee, who shall appoint three electors to act, without pay, as judges and tellers to open the boxes and count the votes.
6. The result of the election [shall] must be certified to the [state conservation] commission and to the [secretary of state] administrative officer of the division by the county clerk or his designee, within 1 week following the date of election.
κ1985 Statutes of Nevada, Page 782 (CHAPTER 247, SB 441)κ
officer of the division by the county clerk or his designee, within 1 week following the date of election.
7. If a conservation district embodies land lying in more than one county, the county clerks of the respective counties shall confer and delegate to the clerk of the county having the greatest number of qualified electors of the conservation district [electors] the duty of carrying out the provisions of this section and shall reimburse [such] that county on a pro rata basis for their respective counties shares of the expenses of conducting the election.
Sec. 7. NRS 548.295 is hereby amended to read as follows:
548.295 1. Vacancies [shall] must be filled for the unexpired term within 2 weeks of the occurrence of the vacancy, by appointment by the remaining supervisors of the district.
2. The chairman of the district governing body shall certify all such appointments immediately to the [state conservation] commission and to the [secretary of state.] administrative officer of the division.
Sec. 8. NRS 548.545 is hereby amended to read as follows:
548.545 1. Upon receipt from the [state conservation] commission of a certification that the commission has determined that the continued operation of the district is not administratively practicable and feasible, pursuant to the provisions of NRS 548.535, the supervisors shall forthwith proceed to terminate the affairs of the district.
2. The supervisors shall dispose of all property belonging to the district at public auction and shall pay over the proceeds of [such] the sale to the state treasurer for deposit in the state treasury.
3. The supervisors shall thereupon file an application [, duly verified,] with the [secretary of state] administrative officer of the division for the discontinuance of the district, and shall transmit with the application the certificate of the [state conservation] commission setting forth the determination of the commission that the continued operation of [such] the district is not administratively practicable and feasible. The application [shall] must recite that the property of the district has been disposed of and the proceeds paid over as provided in this section, and [shall] must set forth a full accounting of [such] those properties and proceeds of the sale.
4. The [secretary of state] administrative officer of the division shall issue to the supervisors a certificate of dissolution and shall record [such] the certificate in an appropriate book of records in his office.
Sec. 9. On or before September 1, 1985, the secretary of state shall transfer all records maintained by him concerning conservation districts to the administrative officer of the division of conservation districts.
________
κ1985 Statutes of Nevada, Page 783κ
Assembly Bill No. 212Committee on Commerce
CHAPTER 248
AN ACT relating to credit unions; limiting the amount a credit union may invest in fixed assets; providing criteria for insurance to cover deposits; removing the restriction on the use of certain money deposited in the state general fund; establishing additional requirements for a certificate of authority for a foreign credit union to transact business in this state; and providing other matters properly relating thereto.
[Approved May 23, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 678 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Fixed assets means the real property which constitutes the premises of a credit union or any of its offices, and the furniture, fixtures and equipment of the credit union.
Sec. 3. Member means a person who has an account with a credit union and meets the qualifications for membership specified in the articles of incorporation and bylaws of the credit union.
Sec. 4. A credit union must not invest in fixed assets without the prior approval of the administrator if the aggregate value of the credit unions existing fixed assets exceeds 7 percent of its total assets.
Sec. 5. 1. In determining whether a private insurer is acceptable to issue a contract for the insurance of deposits, the administrator and the commissioner of insurance must consider:
(a) The value of the insurers capital.
(b) The ratio of the insurers assets, including reinsurance, which are readily available to cover any losses incurred by depositors, to its insured deposits. This ratio must be adequate to reimburse depositors for any losses which they may incur and may not be less than the ratio maintained by the share insurance fund established under the Federal Credit Union Act of 1934, as amended, (12 U.S.C. §§ 1781 et seq.).
(c) The qualifications of the directors, officers and managers of the insurance company.
(d) The insurers articles of incorporation and its bylaws and all amendments thereto.
(e) The insurers policies for investments.
(f) The form of all insurance contracts entered into by the insurer, including contracts for reinsurance.
(g) The insurers requirements for premiums or deposits.
(h) The insurers policies for the management of risk.
(i) Such other considerations as the administrator may provide by regulation which are necessary to carry out the provisions of this act.
2. The administrator and the commissioner shall not approve a contract of insurance unless the protection afforded thereby to the depositors is substantially equivalent to the protection afforded by the Federal Credit Union Act of 1934, as amended, (12 U.S.C.
κ1985 Statutes of Nevada, Page 784 (CHAPTER 248, AB 212)κ
Credit Union Act of 1934, as amended, (12 U.S.C. §§ 1781 et seq.) to the depositors.
3. After a private insurer obtains the approval of the administrator and the commissioner, the administrator, after consultation with the commissioner, may, for cause, require the insurer to establish and maintain for such a time as the administrator may require, a reserve, in cash or United States treasury bills or notes, in an amount fixed by the administrator. If required, the reserve must be kept in an account approved by the administrator in a federally insured financial institution located in this state.
Sec. 6. NRS 678.010 is hereby amended to read as follows:
678.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 678.020 to 678.240, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in [such] those sections.
Sec. 7. 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. 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] adopted thereunder, in the state treasury . [to the credit of the appropriate account within the state general fund for the use of the 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. 8. NRS 678.344 is hereby amended to read as follows:
678.344 The administrator shall issue a certificate of authority to a foreign credit union if he is satisfied that:
1. The members of the credit union to be served in this state are adequately protected by any form of security which is comparable to that required of credit unions organized under the provisions of this chapter.
2. The officer who supervises the credit union in the state in which it was organized has authorized it to do business in Nevada and agrees to furnish, upon request, copies of reports relating to the credit union.
3. The members to be served in this state have a need for the service [.]
κ1985 Statutes of Nevada, Page 785 (CHAPTER 248, AB 212)κ
service [.] and adequate service is not available through existing credit unions.
4. A resident agent has been designated.
5. The state in which the credit union was organized issues comparable authorization to credit unions organized under the provisions of this chapter.
Sec. 9. NRS 678.750 is hereby amended to read as follows:
678.750 1. A credit union may purchase insurance on the lives of its members in an amount equal to their respective shares, deposits and [loan] balances on a loan or any of them.
2. A credit union may enter into cooperative marketing arrangements for its members covering such services as group life insurance, coverage for temporary disability [coverage,] , plans for health and accident [plans] and such other programs which are demonstrated to be in the interest of improving the economic and social conditions of the credit unions members.
3. A credit union must apply to the administrator for approval of a plan of insurance for members accounts, either pursuant to the Federal Credit Union Act of 1934, as amended, (12 U.S.C. §§ 1781 et seq.), or under a contract [or policy] of insurance issued by an insurer [holding a certificate of authority to transact insurance in this state, and take all actions necessary to maintain an insured status thereunder.] , which must be approved by the administrator and the commissioner of insurance pursuant to section 5 of this act. The issuance of such a contract is not transacting insurance under Title 57 of NRS.
4. The administrator shall make available reports of the financial condition of credit union, reports of examinations made pursuant to NRS 678.790 and any other reports that may be required by the insurer and deemed appropriate by the administrator. If a credit union is closed because of bankruptcy or insolvency, the administrator may appoint a liquidating agent.
________
Assembly Bill No. 478Committee on Judiciary
CHAPTER 249
AN ACT relating to driving while intoxicated; eliminating the use of a test of urine to determine the alcoholic content of the blood of a person suspected of driving while intoxicated; and providing other matters properly relating thereto.
[Approved May 23, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.383 is hereby amended to read as follows:
484.383 1. Except as provided in subsections 4 and 5, any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the alcoholic content of his blood or the presence of a controlled substance when such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.
κ1985 Statutes of Nevada, Page 786 (CHAPTER 249, AB 478)κ
given his consent to an evidentiary test of his blood, urine, breath or other bodily substance for the purpose of determining the alcoholic content of his blood or the presence of a controlled substance when such a test is administered at the direction of a police officer having reasonable grounds to believe that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.
2. The person to be tested must be informed that his failure to submit to the test will result in the revocation of his privilege to drive a vehicle.
3. Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn his consent, and any such test may be administered whether or not the person is informed that his failure to submit to the test will result in the revocation of his privilege to drive a vehicle.
4. Any person who is affected with hemophilia or with a heart condition requiring the use of an anticoagulant as determined by a physician is exempt from any blood test which may be required pursuant to this section [.] but may be required to submit to a breath or urine test.
5. Where the alcoholic content of the blood of the person to be tested is in issue, he may refuse to submit to a blood test if means are reasonably available to perform a breath [or urine test, and may refuse to submit to a blood or urine test if means are reasonably available to perform a breath] test. If the person requests a blood [or urine] test and the means are reasonably available to perform a breath test, and he is subsequently convicted, he must pay for the cost of the substituted test, including the fees and expenses of witnesses in court.
6. Where the presence of a controlled substance in the blood of the person is in issue, the officer may direct him to submit to a blood or urine test, or both, in addition to the breath test. The officer shall inform him that his failure to submit to either or both of the blood and urine tests, as required, will result in the revocation of his privilege to drive a vehicle. A failure to submit to either or both of theses tests constitutes a failure to submit to one test under this section.
7. Except as provided in subsections 4 and 6, a police officer shall not direct a person to submit to a urine test.
8. If a person to be tested fails to submit to a required test as directed by a police officer under this section, none may be given, except that if the officer has reasonable cause to believe that the person to be tested was driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor or a controlled substance and thereby caused death or substantial bodily harm to another, the officer may direct that reasonable force be used to the extent necessary to obtain a sample of blood from the person to be tested.
________
κ1985 Statutes of Nevada, Page 787κ
Senate Bill No. 379Senators Foley and Wagner
CHAPTER 250
AN ACT relating to evidence; providing that authenticated records of hotels and casinos are admissible evidence; providing a method of authenticating the records; and providing other matters properly relating thereto.
[Approved May 22, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 51.135 is hereby amended to read as follows:
51.135 1. A memorandum, report, record or compilation of data , [compilation,] in any form, of acts, events, conditions, opinions or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, all in the course of a regularly conducted activity, as shown by the testimony of the custodian or other qualified witness, is not inadmissible under the hearsay rule unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness.
2. An affidavit signed by a custodian of medical records verifying that a copy of medical records is a true and complete reproduction of the original medical records is not inadmissible under the hearsay rule and [shall] must be accepted by the court in lieu of testimony.
3. An affidavit signed by a custodian of the records of a casino or hotel, verifying that a copy of a record is a true and complete reproduction of the original record is not inadmissible under the hearsay rule and must be accepted by the court in lieu of testimony. As used in this subsection, the terms custodian of the records of a casino or hotel and records of a casino or hotel have the meanings ascribed to them by section 4 of this act.
Sec. 2. Chapter 52 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 6, inclusive, of this act.
Sec. 3. As used in sections 4, 5 and 6 of this act, unless the context otherwise requires:
1. Custodian of the records of a casino or hotel means an employee or agent of a gaming licensee or hotel who has the care, custody and control of the records of the casino or hotel.
2. Records of a casino or hotel means memoranda, reports, records or compilations of data in any form which are kept in the course of an activity which is regularly conducted by a gaming licensee or hotel.
Sec. 4. The content of records of a casino or hotel, if otherwise admissible, may be proved by a copy of the record which is authenticated by a custodian of the records of a casino or hotel in a signed affidavit. The custodian must verify in the affidavit that the copy is a true and complete reproduction of the original record of a hotel or casino and that the original record was made at or near the time of the act or event concerning which information was recorded, by or from information transmitted by a person with knowledge of the act or event, and in the course of a regularly conducted activity.
κ1985 Statutes of Nevada, Page 788 (CHAPTER 250, SB 379)κ
event concerning which information was recorded, by or from information transmitted by a person with knowledge of the act or event, and in the course of a regularly conducted activity.
Sec. 5. 1. A custodian of the records of a hotel or casino complies with a subpena requesting the production of the records of a casino or hotel by delivering true and complete copies of the original records to the attorney for the party who caused the subpena to be issued. The copies may be delivered personally or by mail and must be accompanied by the affidavit authenticating the records which is required by section 4 of this act.
2. Upon receipt of the requested records, the attorney for the party who caused the subpena to be issued shall promptly notify all parties to the action of their receipt and make the records available for their inspection and copying.
3. The records must be preserved and maintained as a cohesive unit and may not be separated except upon the order of the court.
Sec. 6. If during a trial or a proceeding for discovery, the authenticity of a record is reasonably questioned or if an interpretation of handwriting is in question, the court may order the personal attendance of the custodian of the records and may order that the original records be produced.
________
Assembly Bill No. 516Committee on Judiciary
CHAPTER 251
AN ACT relating to perjury; removing reference to corruption; and providing other matters properly relating thereto.
[Approved May 23, 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, 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.
________
κ1985 Statutes of Nevada, Page 789κ
Assembly Bill No. 657Committee on Taxation
CHAPTER 252
AN ACT relating to taxation; extending the final date for setting the tax rates for local governments; and providing other matters properly relating thereto.
[Approved May 23, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. For the fiscal year 1985-1986 only, notwithstanding the provisions of NRS 361.455:
1. The Nevada tax commission shall meet on or before June 26, 1985, to set the tax rates for local governments.
2. Any local government whose budget must be revised because of an adjustment made by the commission shall file a copy of its revised budget by July 15, 1985.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 417Senator Glover
CHAPTER 253
AN ACT relating to cities; permitting the submission of a proposed amendment to a city charter at a special election; and providing other matters properly relating thereto.
[Approved May 23, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 268.010 is hereby amended to read as follows:
268.010 1. As used in this section, city means an incorporated city or incorporated town.
2. An amendment to the charter of a city:
(a) May be made by the legislature.
(b) May be proposed and submitted to the registered voters of the city by a majority of the whole governing body, and [shall] must be so submitted upon petition signed by registered voters of the city equal in number to 15 percent or more of the voters who voted at the last preceding general municipal election, setting forth the proposed amendments . [, which submission shall be made]
3. An amendment proposed pursuant to paragraph (b) of subsection 2 must be submitted at the next general municipal election [.
3.] or at a special election.
4. The city attorney shall draft any amendment proposed in the petition mentioned in paragraph (b) of subsection 2 and an explanation thereof for submission to the registered voters.
κ1985 Statutes of Nevada, Page 790 (CHAPTER 253, SB 417)κ
[4. Such petition shall]
5. The petition must be filed with the city clerk. It [shall] must be in the form, and its sufficiency [shall] must be determined in the manner, provided in chapter 295 of NRS for city initiative petitions.
[5.] 6. When an amendment is adopted by the registered voters of the city, the city clerk shall, within 30 days thereafter, transmit a certified copy of [such] the amendment to the legislative counsel.
________
Senate Bill No. 41Senator Raggio
CHAPTER 254
AN ACT relating to transfers on death; exempting certain instruments from the formal requirements for the execution of wills; and providing other matters properly relating thereto.
[Approved May 23, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 133 of NRS is hereby amended by adding thereto a new section to read as follows:
A security issued in registered form which contains the words transferable on death to a named person, or equivalent language or abbreviation, is effective to transfer the interest evidenced by the security to that person, upon the death of its owner, without compliance with the formal requirements of this chapter for the execution of wills. As used in this section, security and registered form have the meanings ascribed to them in NRS 104.8102.
________
Senate Bill No. 419Senator Jacobsen
CHAPTER 255
AN ACT relating to motor carriers; authorizing the public service commission of Nevada to suspend a certificate of public convenience and necessity for nonuse or the failure to file an annual report; and providing other matters properly relating thereto.
[Approved May 23, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 706.398 is hereby amended to read as follows:
706.398 The commission shall revoke or suspend, pursuant to the provisions of this chapter , the certificate of public convenience and necessity of a common motor carrier which has failed to:
κ1985 Statutes of Nevada, Page 791 (CHAPTER 255, SB 419)κ
1. File the annual report required by NRS 703.191 within 60 days after the report is due; or
2. Operate during the preceding year as a carrier of intrastate commerce in this state under the terms and conditions of its certificate, as evidenced by information contained in the annual report,
unless the carrier has obtained the prior permission of the commission to file an annual report late or to cease such operation during that period.
________
Assembly Bill No. 568Committee on Government Affairs
CHAPTER 256
AN ACT relating to volunteer firemen; increasing the range of assumed wages for determining the amount of contributions for retirement; and providing other matters properly relating thereto.
[Approved May 23, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 286.367 is hereby amended to read as follows:
286.367 1. The volunteers of a regularly organized and recognized fire department may, by the joint application of a majority of [such volunteers,] those volunteers addressed to the board, become members of the system. A volunteer fireman who joins a fire department of which all the volunteers have become members of the system becomes a member of the system. The volunteers of a participating fire department may withdraw from the system by the joint application of a majority of [such] those volunteers addressed to the board.
2. The city, town, county or district which recognizes such volunteers is the public employer and shall collect and pay over the employees share and pay the employers share of the contribution to the public employees retirement fund and the public employees retirement administrative fund, in the manner prescribed in this chapter. The local government may, if so requested by the volunteers, further contribute any amount by which the sum receivable by each volunteer for any month is less than the amount of his required share of the contribution, but no such further contributions may be placed in a volunteers account with the system or refunded to a volunteer or his employer upon [such] that volunteers termination.
3. In determining the amount of contributions to be paid for such volunteers, they are assumed to be receiving a wage established by the local government which [shall not be] is not less than $150 nor more than [$350] $750 per month. [Once established, such assumed wage shall not be increased.]
κ1985 Statutes of Nevada, Page 792 (CHAPTER 256, AB 568)κ
4. The average compensation for a volunteer fireman is the weighted average of:
(a) The assumed wage as a volunteer fireman; and
(b) The average salary in other covered employment which, if the service in [such] that employment exceeds 3 years, is calculated upon the 3 highest consecutive years.
The weight given to the assumed wage and average salary, respectively, is proportionate to the length of service in each capacity. Average compensation is computed from the sum of the assumed wage and actual salary [when] if a member is employed simultaneously as a volunteer fireman and as a regular member.
5. Any dispute over the status of a person as a volunteer fireman under this section [shall] must be conclusively determined by the board.
6. A volunteer fireman may purchase all previous service as a volunteer fireman with any volunteer fire department which is a member of the system. To validate such service, the volunteer fireman must pay the systems actuary for a computation of costs and pay the full cost as determined by the actuary. The employing agency may pay the [employer] employers share of the cost but [shall not be] is not required to do so.
________
Assembly Bill No. 217Assemblyman Humke (by request)
CHAPTER 257
AN ACT relating to dangerous weapons; prohibiting the manufacture of a knife which is made an integral part of a belt buckle; prohibiting a person from carrying such a weapon concealed upon his person; providing a penalty; and providing other matters properly relating thereto.
[Approved May 23, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 202.350 is hereby amended to read as follows:
202.350 1. It is unlawful for any person within this state to:
(a) Manufacture or cause to be manufactured, or import into the state, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or
(b) Carry concealed upon his person any:
(1) Explosive substance, other than ammunition or any components thereof;
(2) Dirk, dagger or dangerous knife; [or]
(3) Pistol, revolver or other firearm, or other dangerous or deadly weapon [.] ; or
κ1985 Statutes of Nevada, Page 793 (CHAPTER 257, AB 217)κ
(4) Any knife which is made an integral part of a belt buckle.
2. It is unlawful for any person to carry or use a nunchaku or trefoil with the intent to inflict harm upon the person of another.
3. Except as provided in NRS 202.275 and 212.185, any person who violates any of the provisions of subsection 1 or 2 is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a felony, and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
4. The sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this state the concealed weapon described in the permit, except that no permit may be granted to any person to carry a switchblade knife.
5. For the purposes of this section:
(a) Nunchaku means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.
(b) Switchblade knife means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocket knife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism.
(c) Trefoil means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.
Sec. 2. Section 1 of chapter 160, Statutes of Nevada 1985, is hereby amended to read as follows:
Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:
1. NRS 202.350 and 202.360 do not apply to:
(a) Sheriffs, constables, marshals, peace officers, special police officers, police officers of this state, whether active or honorably retired, or other appointed officers.
(b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such officer.
(c) Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in Nevada.
(d) Members of the Armed Forces of the United States when on duty.
2. The exemption provided by subsection 1 does not include a former peace officer who is retired for disability unless his former employer has approved his fitness to carry a concealed weapon.
κ1985 Statutes of Nevada, Page 794 (CHAPTER 257, AB 217)κ
former peace officer who is retired for disability unless his former employer has approved his fitness to carry a concealed weapon.
3. As used in this section, honorably retired means retired in Nevada after completion of 10 years of creditable service as a member of the public employees retirement system. A former peace officer is not honorably retired if he was discharged for cause or resigned before the final disposition of allegations of serious misconduct.
Sec. 3. 1. This section and section 2 of this act become effective upon passage and approval.
2. Section 1 of this act becomes effective at 12:02 a.m. on July 1, 1985.
________
Assembly Bill No. 410Committee on Government Affairs
CHAPTER 258
AN ACT relating to public schools; allowing broader investments for employees; and providing other matters properly relating thereto.
[Approved May 23, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 391.380 is hereby amended to read as follows:
391.380 1. The board of trustees of any school district in this state may purchase an annuity [contract] or shares for any teacher, principal, superintendent of schools or other employee of [such] that district under [an annuity] a plan which meets the requirements of [section 403(b) of the Internal Revenue Code of the United States.
2. Such purchase shall] 26 U.S.C. § 403(b).
2. That purchase must be made only upon the written request of [such] the employee and upon an agreement in writing that:
(a) The [premiums paid for such purchase shall] payments made constitute an allocable part of his total compensation, as that term is defined in NRS 286.025 ; [.]
(b) The [contract] annuity or shares so purchased [shall be] are the property of [such] that employee and all rights thereunder are nontransferable and nonforfeitable [save for] except for a failure to [pay premiums.] make required payments; and
(c) The board of trustees [shall have] has no liability under any such [annuity contract purchased.] arrangement.
3. All requests under this section [shall] must be received and acted upon without discrimination so long as [such] the employee is within the class of persons entitled by law to enjoy the benefits of the provisions of [section 403(b) of the Internal Revenue Code of the United States.] 26 U.S.C. § 403(b).
4. The shares purchased must be those of a regulated investment company as permitted under 26 U.S.C. § 403(b)(7).
κ1985 Statutes of Nevada, Page 795 (CHAPTER 258, AB 410)κ
Sec. 2. Any investment, before the effective date of this act, by the board of trustees of any school district of any money held in trust for deferred distribution to the districts employees which, at the time of the investment, conformed to the requirements of 26 U.S.C. § 403(b) is hereby approved and ratified.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 343Senator Glover
CHAPTER 259
AN ACT relating to watercraft; exempting certain vessels from carrying lifebelts; and providing other matters properly relating thereto.
[Approved May 23, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 488.193 is hereby amended to read as follows:
488.193 1. [Every] Except for a contrivance, propelled by a sail, whose occupant must stand erect, every vessel must carry at least one life preserver, lifebelt, ring buoy, buoyant vest or buoyant cushion of a type approved by the United States Coast Guard or other device of the sort prescribed by the regulations of the commission for each person on board [,] and any [persons] person in a vessel being towed, so placed as to be readily accessible. Every vessel carrying passengers for hire must carry so placed as to be readily accessible at least one life preserver of the sort prescribed by the regulations of the commission for each person on board.
2. Every motorboat must be provided with such number, size and type of fire extinguishers, capable of promptly and effectually extinguishing burning gasoline, as may be prescribed by the regulations of the commission. The fire extinguishers must be of a marine type which has been approved by the United States Coast Guard and kept in condition for immediate and effective use and [must be] so placed as to be readily accessible.
3. Every motorboat must have the carburetor [or carburetors] of every engine therein, except outboard motors, using gasoline as fuel, equipped with such efficient flame arrestor, backfire trap or other similar device as may be prescribed by the regulations of the commission.
4. Every motorboat and every vessel, except open boats, using as fuel any liquid of a volatile nature, must be provided with such means as may be prescribed by the regulations of the commission for properly and efficiently ventilating the bilges of the engine and [fuel tank compartments] compartments for tanks of fuel to remove any explosive or flammable gases.
5. The commission may [make] adopt regulations modifying the [equipment requirements] requirements for equipment contained in this section to the extent necessary to keep these requirements in conformity with the provisions of the Federal Navigation Laws or with the [navigation rules promulgated] rules for navigation adopted by the United States Coast Guard.
κ1985 Statutes of Nevada, Page 796 (CHAPTER 259, SB 343)κ
[equipment requirements] requirements for equipment contained in this section to the extent necessary to keep these requirements in conformity with the provisions of the Federal Navigation Laws or with the [navigation rules promulgated] rules for navigation adopted by the United States Coast Guard.
________
Assembly Bill No. 253Committee on Judiciary
CHAPTER 260
AN ACT relating to property taken from others; permitting a civil action to be brought as a small claim in justices court; facilitating the use of a photograph as a substitute for the physical evidence; and providing other matters properly relating thereto.
[Approved May 23, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 598.033 is hereby amended to read as follows:
598.033 1. An adult who steals merchandise from a merchants premises is civilly liable for the retail value of the merchandise, plus damages of not less than $100 nor more than $250, costs of suit and reasonable [attorneys] attorneys fees. An action may be brought even if there has been no criminal conviction for the theft.
2. An action under this section may be brought as a small claim in a justices court if the total amount sought does not exceed the statutory limit for such a claim.
Sec. 2. NRS 598.035 is hereby amended to read as follows:
598.035 1. The [parents] parent or legal guardian, as the case may be, of a minor who steals merchandise from a merchants premises is civilly liable for the retail value of the merchandise, plus damages of not less than $100 nor more than $250, costs of suit and reasonable [attorneys] attorneys fees. An action may be brought even if there has been no criminal conviction for the theft. Recovery under this section may be had in addition to, and is not limited by, any other provision of law which limits the liability of a parent or legal guardian for the tortious conduct of a minor.
2. An action under this section may be brought as a small claim in a justices court if the total amount sought does not exceed the statutory limit for such a claim.
Sec. 3. NRS 52.385 is hereby amended to read as follows:
52.385 1. At any time after property of any person other than the one accused of the crime of which the property is evidence comes into the custody of a peace officer, the rightful owner of the property or a person entitled to possession of the property may request the prosecuting attorney to return the property to him. [The request must allege that:
κ1985 Statutes of Nevada, Page 797 (CHAPTER 260, AB 253)κ
(a) The requester is the rightful owner of the property or a person entitled to possession of the property;
(b) The only relevance of the property as evidence in the trial is for visual identification; and
(c) Photographs of the property, accompanied by appropriate descriptions and measurements of the property, is sufficient for the visual identification of it.
2. In the absence of such a request, the peace officer having custody of the property may initiate a request to return the property to its owner or a person who is entitled to possession of the property, or to dispose of it in some other manner.
3. Upon receiving a request, the prosecuting attorney shall determine the truth of the allegations contained in the request.
4. If, having personally examined and compared the photographs, the measurements and the property, the prosecuting attorney or his deputy determines that all allegations in the request are in fact true, he may certify the photographs and measurements and order them remanded to the peace officer and the property returned to the owner or other person who is entitled to it.
5. Any photographs and measurements certified under the provisions of this section] Photographs of the returned property are admissible in evidence in lieu of the property [which is the subject of the photographs, descriptions and measurements.
6.] in any criminal or civil proceeding if they are authenticated or identified.
2. In the absence of such a request, the prosecuting attorney may return the property to its owner or a person who is entitled to possession of the property.
3. To be admissible under this section, photographs of property must be accompanied by a statement which contains:
(a) A written description of the property;
(b) The name of the owner of the property or other person to whom it was released; and
(c) The date the photographs were taken.
The written description must be signed, under penalty of perjury, by the peace officer who had custody of the property.
4. Any property subject to the provisions of this section which is not [disposed of] returned under the provisions of this section must be disposed of as provided in NRS 179.125 to 179.175, inclusive.
Sec. 4. NRS 73.040 is hereby amended to read as follows:
73.040 [No attorney fee shall be] Except as provided by NRS 598.033 and 598.035, no attorneys fees are allowed either party to an action mentioned or covered by this chapter.
________
κ1985 Statutes of Nevada, Page 798κ
Senate Bill No. 364Senator Glover
CHAPTER 261
AN ACT relating to gaming; allowing a credit instrument to be dated later than the date of its execution; removing the limitations on time for the presentment of a credit instrument for collection or payment; and providing other matters properly relating thereto.
[Approved May 23, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.368 is hereby amended to read as follows:
463.368 1. A credit instrument accepted on or after June 1, 1983, is valid and may be enforced by legal process.
2. A licensee or a person acting on the licensees behalf may accept an incomplete credit instrument which:
(a) Is signed by a patron;
(b) Is dated; and
(c) States the amount of the debt in figures,
and may complete the instrument as is necessary for the instrument to be presented for payment.
3. [No] A licensee or person acting on behalf of a licensee [may accept] :
(a) May accept a credit instrument that is dated later than the date of its execution [or] if that later date is furnished at the time of the execution of the credit instrument by the patron.
(b) May not accept a credit instrument which is incomplete and cannot lawfully be completed to comply with the requirements of NRS 104.3104 . [relating to a check.
4. Except as otherwise provided in subsections 5 and 6, a credit instrument must be presented to a bank for collection or payment:
(a) Within 45 calendar days after it was accepted, if it is for an amount of not more than $5,000.
(b) Within 90 calendar days after it was accepted, if it is for an amount of more than $5,000 but not more than $50,000.
(c) Within 120 calendar days after it was accepted if it is for an amount of more than $50,000.
5. Except as otherwise provided in subsection 7, a credit instrument accepted on or after June 1, 1983, may be redeemed in whole or in part by gaming tokens, cash or another credit instrument if the redemption is applied to the most recent credit instrument issued to the patron by the licensee.
6. Except as otherwise provided in subsection 5 and this subsection, a credit instrument issued in redemption of another instrument must be presented within the time limited for the oldest instrument redeemed. If the instrument is for an amount of:
κ1985 Statutes of Nevada, Page 799 (CHAPTER 261, SB 364)κ
(a) More than $5,000 but not more than $50,000, it must be presented within 90 days after the date of the oldest instrument redeemed.
(b) More than $50,000, it must be presented within 120 days after the date of the oldest instrument redeemed.
7. No licensee may permit a credit instrument accepted on or after June 1, 1983, to be redeemed by a patron pursuant to subsection 5 if the licensee holds a credit instrument accepted from that patron before June 1, 1983, which has not been paid.
8. Failure to present a credit instrument pursuant to subsections 4 and 6 does not affect the validity or enforceability of that instrument.
9.] 4. This section does not prohibit the establishment of an account by a deposit of cash, recognized travelers check, or any other instrument which is equivalent to cash.
[10.] 5. Any person who violates the provisions of this section is subject only to the penalties provided in NRS 463.310 to 463.318, inclusive.
6. The commission may adopt regulations prescribing the conditions under which a credit instrument may be redeemed or presented to a bank for collection or payment.
________
Assembly Bill No. 484Assemblymen Rader, Coffin, Tebbs, Ham, Zimmer, Little, Roberts and DuBois
CHAPTER 262
AN ACT relating to liquefied petroleum gas; changing the name of the Nevada liquefied petroleum gas board; revising the number and qualifications of its members; permitting more stringent regulation of certain matters by local governments; and providing other matters properly relating thereto.
[Approved May 23, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 590.475 is hereby amended to read as follows:
590.475 As used in NRS 590.465 to 590.645, inclusive, unless the context or subject matter otherwise requires:
1. Board means the [Nevada] board for the regulation of liquefied petroleum gas . [board.]
2. Liquefied petroleum gas, LPG or LP-Gas means any material which is composed predominantly of any of the following hydrocarbons, or mixtures of propane, proplyene, butanes, either normal butane or isobutane, and butylenes.
Sec. 2. NRS 590.485 is hereby amended to read as follows:
590.485 1. The [Nevada] board for the regulation of liquefied petroleum gas , [board,] consisting of [five] six members appointed by the governor, is hereby created.
κ1985 Statutes of Nevada, Page 800 (CHAPTER 262, AB 484)κ
2. The governor shall appoint [five members who have knowledge of the liquefied petroleum gas industry.] :
(a) Four persons with knowledge of the handling of liquefied petroleum gas;
(b) A representative of the general public; and
(c) A person who has expert knowledge of fighting fires fueled by liquefied petroleum gas, selected from a list of three nominees submitted by the state fire marshal.
3. Any appointed member may, for cause, inefficiency or neglect of duties, be removed from office by the governor.
4. The members of the board are not entitled to compensation.
5. The subsistence allowances and travel expenses of the members of the board must be paid out of the money of the board, after approval by a majority of the board.
6. No more than three members of the board may belong to the same political party.
Sec. 3. NRS 590.505 is hereby amended to read as follows:
590.505 1. The board may adopt a seal for its own use which must have imprinted thereon the words [Nevada Liquefied Petroleum Gas Board.] Board for the Regulation of Liquefied Petroleum Gas. The care and custody of the seal is the responsibility of the secretary-treasurer of the board.
2. The board may appoint an executive secretary and such other technical, clerical or investigative personnel as it deems necessary and fix the compensation of those appointees. The executive secretary and all appointees must be paid out of the money of the board. The board may require the executive secretary and any other appointees to give a bond to the board for the faithful performance of their duties, the premiums on the bond being paid out of the money of the board.
3. The board may adopt regulations setting forth minimum general standards covering the design, construction, location, installation and operation of equipment for storing, handling, transporting by tank, truck, tank trailer, and utilizing liquefied petroleum gases and specifying the odorization of the gases and the degree thereof.
4. The board may prescribe the method and form of application for a liquefied petroleum gas license, investigate the experience, reputation and background of applicants, issue, suspend, revoke or deny licenses and conduct hearings in connection with the applications for, or revocation of, licenses. In conducting hearings on the issuance or revocation of any license, the board may compel the attendance of witnesses by use of subpena and apply to the district court of the county where the hearing is held for an order citing any applicant or witness for contempt, for failure to attend or testify.
5. The board may suspend or revoke licenses and refuse renewals of licenses when the applicant or licensee has been guilty of acts of conduct, harmful to either the safety or protection of the public.
κ1985 Statutes of Nevada, Page 801 (CHAPTER 262, AB 484)κ
6. In carrying out the provisions of NRS 590.465 to 590.645, inclusive, and holding its regular or special meetings, the board may adopt bylaws setting forth procedures and methods of operation.
7. The board shall submit to the governor a biennial report before September 1 of each even-numbered year, covering the biennium ending June 30 of that year, of its transactions during the preceding biennium, including a complete statement of the receipts and expenditures of the board during the period.
8. The board shall keep accurate records and minutes of all meetings and the records and minutes so kept must be open to public inspection at all reasonable times. The board shall also keep a record of all applications for licenses, and licenses issued by it, which is a public record.
9. The board may adopt regulations setting reasonable fees for applications, licenses and inspections. The board may retain all such fees collected under the provisions of NRS 590.465 to 590.645, inclusive, for the maintenance of an office, the payment of salaries and expenses and the carrying out of the provisions of NRS 590.465 to 590.645, inclusive.
10. The board may conduct examinations of any applicant to determine the responsibility, ability, knowledge, experience or other qualification of the applicant for a license under NRS 590.465 to 590.645, inclusive, and may require a reasonable amount of personal injury and property damage insurance coverage.
11. The board may grant variances from its regulations when it deems it to the best interest of the safety of the public or the persons using LPG materials or services.
Sec. 4. NRS 590.545 is hereby amended to read as follows:
590.545 [No municipality or other]
1. Except as provided in subsection 2, no political subdivision [shall] may adopt or enforce any ordinance or regulation in conflict with the provisions of NRS 590.465 to 590.645, inclusive, or with the [rules, regulations or specifications promulgated under] regulations adopted pursuant to NRS 590.515.
2. If a political subdivision determines that higher or more stringent standards concerning a particular installation or storage of liquefied petroleum gas within its jurisdiction are necessary, it may request the board to consider the matter at a joint public meeting. The board shall schedule and conduct such a meeting within 30 days after receiving the request. If, at the joint meeting, a majority of the members of the board and a majority of the members of the governing body of the political subdivision agree:
(a) That higher or more stringent standards should apply in that particular case; and
(b) Upon what those standards should be, then the governing body of the political subdivision may adopt those standards for that particular case.
κ1985 Statutes of Nevada, Page 802 (CHAPTER 262, AB 484)κ
then the governing body of the political subdivision may adopt those standards for that particular case.
________
Assembly Bill No. 355Committee on Labor and Management
CHAPTER 263
AN ACT relating to unemployment compensation; disqualifying for benefits a person who receives benefits for a temporary total disability; and providing other matters properly relating thereto.
[Approved May 24, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 612.185 is hereby amended to read as follows:
612.185 1. [An individual] A person shall be deemed unemployed in any week during which he performs no services and with respect to which no remuneration is payable to him or in any week of less than full-time work if the remuneration payable to him with respect to such week is less than his weekly benefit amount if he has no dependents or less than his augmented weekly benefit amount if he has dependents.
2. The executive director shall [prescribe] adopt regulations applicable to unemployed [individuals,] persons, making such distinctions in the procedures as to total unemployment, [part-total unemployment,] partial unemployment [of individuals attached to their regular jobs,] of persons who were totally unemployed, partial unemployment of persons who retain their regular employment and other forms of [short-time] part-time work, as the executive director deems necessary.
3. No [individual] person shall be deemed to be unemployed in any week in which he [is self-employed.] :
(a) Is self-employed; or
(b) Receives benefits for a temporary total disability pursuant to chapter 616 or 617 of NRS.
________
κ1985 Statutes of Nevada, Page 803κ
Assembly Bill No. 61Committee on Natural Resources, Agriculture and Mining
CHAPTER 264
AN ACT relating to air pollution; allowing varied standards for emissions from mobile internal combustion engines; requiring approval by the department of motor vehicles of standards regarding motor vehicles; and providing other matters properly relating thereto.
[Approved May 24, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 445.620 is hereby amended to read as follows:
445.620 1. The state environmental commission may by regulation prescribe standards for exhaust emissions, fuel evaporative emissions and visible [smoke] emissions of smoke from mobile internal combustion engines on the ground or in the air, including but not limited to aircraft, motor vehicles, snowmobiles and railroad locomotives.
2. Standards for exhaust emissions which apply to a trimobile must be based on standards which were in effect in the year in which the engine of the trimobile was built.
3. [Such regulations must be uniform throughout the state.] Any such standards which pertain to motor vehicles must be approved by the department of motor vehicles before they are adopted by the commission.
________
Senate Bill No. 269Senators Townsend and OConnell
CHAPTER 265
AN ACT relating to gambling; requiring those amounts paid for annuities for any deferred payment of winnings to be deducted from the computations of gross revenue received by gaming establishments; and providing other matters properly relating thereto.
[Approved May 24 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.0161 is hereby amended to read as follows:
463.0161 Gross revenue means the total of all:
1. Cash received as winnings;
2. Cash received in payment for credit extended by a licensee to a patron for purposes of gaming; and
3. Compensation received for conducting any game in which the licensee is not party to a wager,
less [only] the total of all cash paid out as losses to patrons [.] and those amounts paid to purchase annuities to fund losses paid to patrons over several years by independent financial institutions.
κ1985 Statutes of Nevada, Page 804 (CHAPTER 265, SB 269)κ
Sec. 2. NRS 463.3715 is hereby amended to read as follows:
463.3715 In calculating gross revenue, any prizes, premiums, drawings, benefits or tickets which are redeemable for money or merchandise or other promotional allowance, except money or tokens paid at face value directly to a patron as the result of a specific wager and the amount of cash paid to purchase an annuity to fund winnings paid to that patron over several years by an independent financial institution, must not be deducted as losses from winnings.
________
Senate Bill No. 221Senators Foley and Wagner
CHAPTER 266
AN ACT relating to gaming; providing for the forfeiture of the earnings of a former licensee under certain conditions after the appointment of a supervisor; providing staggered terms for members of the Nevada gaming commission; and providing other matters properly relating thereto.
[Approved May 24, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463B.200 is hereby amended to read as follows:
463B.200 [Subject]
1. Except as provided in subsection 2 and subject to prior approval by the court which appointed him, a supervisor may, consistently with regulations to be adopted by the commission, make periodic distribution of earnings to [its] the former legal [owners.] owner of the gaming establishment.
2. Upon petition to the court by the commission, earnings that would otherwise be distributed under subsection 1 must, except as provided in this subsection, be paid into the court pending judicial review of the final determination of the commission. An amount of the earnings which represents the reasonable rental value of the premises must be retained by the supervisor for distribution to the former legal owner. If the commissions order is upheld after final judicial review and the gaming establishment is sold pursuant to this chapter, all earnings, except the amount representing the reasonable rental value of the premises as determined by the court, which were paid into the court under this subsection are forfeited and must be deposited in the state general fund. If that order is reversed or otherwise modified and the former legal owner regains his license, the earnings must be distributed to him.
Sec. 2. The governor shall appoint to the Nevada gaming commission to terms commencing on April 28, 1987:
1. One member for a term of 1 year;
2. One member for a term of 3 years; and
κ1985 Statutes of Nevada, Page 805 (CHAPTER 266, SB 221)κ
3. One member for a term of 4 years.
________
Senate Bill No. 176Senator Jacobsen
CHAPTER 267
AN ACT making an appropriation to the youth services division of the department of human resources for the construction of permanent housing for the youth camp at China Springs; and providing other matters properly relating thereto.
[Approved May 24, 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 youth services division of the department of human resources the sum of $50,000 for the construction of permanent housing for the youth camp at China Springs.
Sec. 2. The money appropriated pursuant to section 1 of this act must be used by the division only in a ratio of $1 from this appropriation for each $1 obtained by the division in cash or in kind from local governmental entities or private donors for that construction.
Sec. 3. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 202Senators Redelsperger, Glover, Horn, Jacobsen, OConnell, Rhoads, Robinson, Shaffer and Vergiels
CHAPTER 268
AN ACT relating to state parks; prohibiting the expansion of undeveloped areas surrounding the parks without consulting the local government; and providing other matters properly relating thereto.
[Approved May 24, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 407.063 is hereby amended to read as follows:
407.063 1. The administrator may acquire for the division, subject to the approval of the director and with the concurrence of the interim finance committee, and within the limits of legislative appropriation where money is required, real or personal property by lease or purchase. The right of eminent domain as provided by chapter 37 of NRS may be exercised by the division.
κ1985 Statutes of Nevada, Page 806 (CHAPTER 268, SB 202)κ
NRS may be exercised by the division. The interim finance committee may clarify the legislative intent of an appropriation at the request of the director, any member of the commission or the administrator.
2. Before approving the acquisition of real property to expand the area of land that surrounds a state park and in which development is to be restricted, the interim finance committee shall consult the governing body of the county, city or town in which the land to be acquired is located.
________
Senate Bill No. 232Senators Redelsperger, Gibson, Glover, Jacobsen, Raggio, Rhoads, Shaffer, Vergiels and Mello
CHAPTER 269
AN ACT relating to public lands; providing for the disposition of revenue received by the state from the lease of federal lands; and providing other matters properly relating thereto.
[Approved May 24, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 328 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. The state treasurer shall deposit in the state distributive school fund money received in each fiscal year pursuant to 30 U.S.C. § 191 in an amount not to exceed $10,000,000.
2. Any amount received in a fiscal year by the state treasurer pursuant to 30 U.S.C. § 191 in excess of $10,000,000 must be deposited in the account for revenue from the lease of federal lands, which is hereby created.
3. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account.
Sec. 3. The state controller shall apportion money in the account for revenue from the lease of federal lands as follows:
1. Twenty-five percent to the state distributive school fund.
2. Fifty percent to the counties from which the fuels, minerals and geothermal resources are extracted. Of the amount received by each county, one-fourth must be distributed to the school district in that county.
3. Twenty-five percent to the office of community services for distribution as grants to agencies and political subdivisions of the state.
Sec. 4. 1. The state controller shall ascertain from the reports received by the state treasurer the portion of money in the account for revenues from the lease of federal lands attributable to activities in each county and apportion the money payable to counties accordingly.
2. All money received:
(a) By the county treasurer pursuant to this section must be deposited in the general fund of the county or the county school district fund, as the case may be; and
κ1985 Statutes of Nevada, Page 807 (CHAPTER 269, SB 232)κ
in the general fund of the county or the county school district fund, as the case may be; and
(b) By a county or school district must be used for:
(1) Construction and maintenance of roads and other public facilities;
(2) Public services; and
(3) Planning.
Sec. 5. 1. Money received by the office of community services pursuant to section 3 of this act must be distributed to agencies and political subdivisions of the state as grants for:
(a) Projects to demonstrate uses for geothermal and solar energy and other alternative sources of energy;
(b) Research to stimulate the use and production of energy from alternative sources;
(c) Projects to assess potential alternative sources of energy;
(d) Projects to increase available supplies of fossil and synthetic fuels and electricity and to increase the stability of those supplies;
(e) Studies of the possible social, economic and environmental effects of the use of alternative sources of energy and means of mitigating those effects;
(f) State and local plans for the development and use of alternative sources of energy;
(g) Projects to convert existing public facilities to the use of alternative sources of energy; and
(h) Establishing a program to provide loans, at low interest or that may be forgiven, to encourage the use of alternative sources of energy.
2. The governing body of any political subdivision may apply to the office of community services for a grant pursuant to this section.
3. The director of the office of community services shall review all applications for grants and forward his recommendations to the interim finance committee for its approval. The distribution of such grants must be made without regard to whether fuels, minerals or geothermal resources were extracted from the county in which the political subdivision applying for the grant is located. No money may be committed pursuant to this section until the grant is approved by the interim finance committee.
4. A political subdivision which receives such a grant shall maintain an account for that money separate from other accounts or funds.
5. Any money received by the office of community services from the state treasurer pursuant to section 3 of this act which has not been granted to a political subdivision within 1 year after the date on which that money from the lease of federal lands is received must be returned to the state treasurer and deposited in the state distributive school fund.
Sec. 6. 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.
κ1985 Statutes of Nevada, Page 808 (CHAPTER 269, SB 232)κ
session of the legislature. The immediate past chairman of the senate standing committee on finance is the chairman of the interim finance committee for the period ending with the convening of each even-numbered regular session of the legislature. The immediate past chairman of the assembly standing committee on ways and means is the chairman of the interim finance committee during the next legislative interim, and the chairmanship alternates between the houses of the legislature according to this pattern.
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 subsection 3 of section 5 of this act, by subsection 1 of section 3 of [this act,] Assembly Bill No, 176 of this session, 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 for state officers and employees generally. All such compensation must be paid from the contingency fund in the state treasury.
Sec. 7. NRS 387.065 is hereby repealed.
κ1985 Statutes of Nevada, Page 809 (CHAPTER 269, SB 232)κ
Sec. 8. Section 6 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
Assembly Bill No. 320Assemblymen McGaughey, Bilyeu, Dini, Jeffrey, Francis, Ham, Sedway, Price, Rader, Fairchild, Arberry, Roberts, Horne, Collins, Thompson, Williams, Banner, Bogaert, Nevin, Coffin, ODonnell, Malone, Lambert, Spriggs, Craddock, Bergevin, Joerg, Getto, Swain, Zimmer, Kerns and Beyer
CHAPTER 270
AN ACT relating to bail; expanding the factors for consideration for release of a person without bail; expanding the factors for the determination of the amount of bail; and providing other matters properly relating thereto.
[Approved May 24, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 178.4853 is hereby amended to read as follows:
178.4853 In deciding whether there is good cause to release a person without bail, the court as a minimum shall consider the following factors concerning the person:
1. The length of his residence in the community;
2. The status and history of his employment;
3. His relationships with his spouse and children, parents or other members of his family and with his close friends;
4. His reputation, character and mental condition;
5. His prior criminal record, including any record of his appearing or failing to appear after release on bail or without bail;
6. The identity of responsible members of the community who would vouch for the defendants reliability;
7. The nature of the offense with which he is charged, the apparent probability of conviction and the likely sentence, insofar as these factors relate to the risk of his not appearing; [and]
8. The nature and seriousness of the danger to any person or the community that would be posed by the persons release;
9. The likelihood of more criminal activity by the person after he is released; and
10. Any other factors concerning his ties to the community or bearing on the risk that he may willfully fail to appear.
Sec. 2. NRS 178.498 is hereby amended to read as follows:
178.498 If the defendant is admitted to bail, the [amount thereof shall be such as] bail must be set at an amount which in the judgment of the magistrate will [insure the presence] reasonably ensure the appearance of the defendant [,] and the safety of other persons and of the community, having regard to:
1. The nature and circumstances of the offense charged;
2. The financial ability of the defendant to give bail; [and]
κ1985 Statutes of Nevada, Page 810 (CHAPTER 270, AB 320)κ
3. The character of the defendant [.] ; and
4. The factors listed in NRS 178.4853.
________
Assembly Bill No. 476Committee on Commerce
CHAPTER 271
AN ACT relating to dealers of manufactured homes, mobile homes and commercial coaches; removing the requirement for the filing of an annual report concerning trust accounts; and providing other matters properly relating thereto.
[Approved May 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 489.724 is hereby amended to read as follows:
489.724 1. All down payments, deposits of earnest money, proceeds of loans or other money which a dealer receives, on behalf of his principal or any other person, must be deposited in a separate checking account, which must be designated a trust account, in a financial institution in this state whose deposits are insured by an agency of the Federal Government.
2. Every dealer required to maintain a separate or trust account shall keep records of all money deposited therein. The records must clearly indicate the date and from whom he received money, the date deposited, the dates of withdrawals, and other pertinent information concerning the transaction, and must show clearly for whose account the money is deposited and to whom the money belongs. All such records and money are subject to inspection and audit by the division and its authorized representatives. All such separate trusts accounts must designate the dealer as trustee and provide for the withdrawal of money without previous notice.
3. Each dealer shall notify the division of the names of the financial institutions in which he maintains trust accounts and specify the names of the accounts on forms provided by the division.
[4. On or before June 30 of each year, each dealer shall file with the division a report of his trust account for the preceding calendar year which was prepared by a registered or certified public accountant. The report must be prepared in accordance with generally accepted auditing standards.]
Sec. 2. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 811κ
Assembly Bill No. 131Committee on Education
CHAPTER 272
AN ACT relating to vocational education; requiring the boards of trustees of certain school districts to establish schools for vocational education; changing the statutory terminology; and providing other matters properly relating thereto.
[Approved May 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 385.010 is hereby amended to read as follows:
385.010 1. A department of education is hereby created.
2. The department consists of the state board of education, the state board for [vocational] occupational education and the superintendent of public instruction.
3. The superintendent of public instruction is the executive head of the department.
Sec. 2. NRS 387.050 is hereby amended to read as follows:
387.050 1. The State of Nevada accepts the provisions of, and all of the money provided by, the Vocational Education Act of 1963, and any amendments thereof or supplements thereto.
2. In addition to the provisions of subsection 1, the state board for [vocational] occupational education may accept , and adopt regulations or establish policies for the disbursement of , money appropriated by any Act of Congress and apportioned to the State of Nevada for use in connection with the [vocational education program.] program for occupational education.
3. In accepting the benefits of the Acts of Congress referred to in subsections 1 and 2, the State of Nevada agrees to comply with all of their provisions and to observe all of their requirements.
4. The state treasurer is designated custodian of all money received by the State of Nevada from the appropriations made by the Acts of Congress referred to in subsections 1 and 2, and he may receive and provide for the proper custody thereof and make disbursements therefrom in the manner provided in the acts and for the purposes therein specified on warrants of the state controller issued upon the order of the executive officer of the state board for [vocational] occupational education.
5. On warrants of the state controller issued upon the order of the executive officer of the state board for [vocational] occupational education pursuant to regulations or policies of the board, the state treasurer shall also pay out any money appropriated by the State of Nevada [for the purpose of carrying] to carry out the provisions of this section.
Sec. 3. NRS 388.330 is hereby amended to read as follows:
388.330 The state board for [vocational education shall consist] occupational education consists of the members of the state board of education.
κ1985 Statutes of Nevada, Page 812 (CHAPTER 272, AB 131)κ
Sec. 4. NRS 388.340 is hereby amended to read as follows:
388.340 1. The superintendent of public instruction shall serve as executive officer of the state board for [vocational] occupational education.
2. The executive officer shall:
(a) Employ personnel for such positions as are approved by the state board for [vocational] occupational education and necessary to carry out properly the provisions of this Title relating to [vocational] occupational education.
(b) Carry into effect [such] the regulations [as] of the state board for [vocational education may require.] occupational education.
(c) Maintain an office for the board.
(d) Keep all records of the board in the office of the board.
Sec. 5. NRS 388.350 is hereby amended to read as follows:
388.350 The state board for [vocational] occupational education may hold at least four meetings regularly in each year at the state capital, coincident with the meetings of the state board of education.
Sec. 6. NRS 388.360 is hereby amended to read as follows:
388.360 The state board for [vocational] occupational education may:
1. Cooperate with any federal agency, board or department designated to administer the Acts of Congress apportioning federal [vocational education] money to the State of Nevada [.] for occupational education.
2. Establish policies and adopt regulations for the administration of any legislation enacted pursuant thereto by the State of Nevada.
3. Establish policies and adopt regulations for the administration of money provided by the Federal Government and the State of Nevada for the promotion, extension and improvement of [vocational] occupational education in [agricultural subjects, trade and industrial subjects, home economics subjects, distributive occupation subjects, practical nursing subjects, vocational guidance services and other subjects which may be included in the vocational education program in the State of] Nevada.
4. Establish policies or regulations and formulate plans for the promotion of [vocational] occupational education in such subjects as are an essential and integral part of the [public school] system of public education in the State of Nevada.
5. Establish policies to provide for the preparation of teachers of such programs and subjects.
6. Approve positions for such [officials and assistants] persons as may be necessary to administer the federal act and provisions of this Title enacted pursuant thereto for the State of Nevada.
7. Direct its executive officer to make studies and investigations relating to [vocational] occupational education.
8. Establish policies to promote and aid in the establishment by local communities of schools, departments or classes giving training in [vocational] occupational subjects.
κ1985 Statutes of Nevada, Page 813 (CHAPTER 272, AB 131)κ
9. Cooperate with local communities in the maintenance of such schools, departments or classes.
10. Prescribe qualifications for the teachers, directors and supervisors of [vocational] occupational subjects.
11. Provide for the certification of such teachers, directors and supervisors.
12. Establish policies or regulations to cooperate in the maintenance of classes supported and controlled by the public for the preparation of the teachers, directors and supervisors of [vocational] occupational subjects, or maintain such classes under its own direction and control.
13. Establish by regulation the qualifications required for persons engaged in the training of [vocational] occupational teachers.
Sec. 7. NRS 388.365 is hereby amended to read as follows:
388.365 1. All gifts of money which the state board for [vocational] occupational education is authorized to accept must be deposited in a permanent trust fund in the state treasury designated as the [vocational education] gift fund [.] for occupational education.
2. The money available in the [vocational education gift] fund must be used only for the purpose specified by the donor, within the scope of the boards powers and duties. The board may adopt regulations or establish policies for the disbursement of money from the fund in accordance with the terms of the gift or bequest on warrants of the state controller issued upon the orders of the executive officer of the state board for [vocational] occupational education. Any expenditures pursuant to this section may include matching state and federal money available for [vocational] occupational education.
3. If all or part of the money accepted by the board from a donor is not expended before the end of the fiscal year in which the gift was accepted, the remaining balance of the amount donated must remain in the [vocational education gift] fund until needed for the purpose specified by the donor.
Sec. 8. NRS 388.370 is hereby amended to read as follows:
388.370 The executive officer of the state board for [vocational] occupational education shall make a report biennially to the governor.
Sec. 9. NRS 388.380 is hereby amended to read as follows:
388.380 [Any] The board of trustees of a school district in a county whose population is 100,000 or more shall and any other board of trustees of a school district may:
1. Establish and maintain [vocational] occupational schools or classes giving instruction in [agricultural subjects, trade and industrial subjects, home economics subjects, distributive occupation subjects, practical nursing subjects, vocational guidance services and such other subjects as may be included in the vocational education program in the State of Nevada.] the subjects approved by the state board for occupational education.
2. Raise and expend money for the establishment and maintenance of [such vocational] occupational schools or classes . [in the same manner in which moneys are raised and expended for other public school purposes.
κ1985 Statutes of Nevada, Page 814 (CHAPTER 272, AB 131)κ
manner in which moneys are raised and expended for other public school purposes. Moneys so raised may be expended in providing vocational education as outlined in this Title of NRS.]
Sec. 10. NRS 388.390 is hereby amended to read as follows:
388.390 [Whenever any] When the board of trustees of a school district has organized a [vocational] school or classes for occupational education in accordance with the regulations adopted by the state board for [vocational education, which vocational] occupational education and the school or classes have been approved by the executive officer of the state board for [vocational] occupational education, the school district is entitled to share in federal and state money available for the promotion of [vocational] occupational education in the amount determined by the executive officer of the state board for [vocational] occupational education, in accordance with the regulations and policies of the board.
Sec. 11. NRS 388.400 is hereby amended to read as follows:
388.400 1. The money for [vocational education, which consists of agricultural education, trade and industrial education, home economics education, distributive education, practical nursing education, and such other phases of vocation education as the state board for vocational education may approve for adoption in Nevada schools, shall] occupational education must be provided for and raised in the manner specified in NRS 387.050 and 388.330 to 388.400, inclusive.
2. The state treasurer is custodian of [such] the money and he shall make disbursements therefrom on warrants of the state controller issued upon the order of the executive officer of the state board for [vocational] occupational education.
Sec. 12. NRS 231.064 is hereby amended to read as follows:
231.064 In addition to its other duties, the commission on economic development shall:
1. Investigate and study conditions affecting Nevada business, industry and commerce, and engage in technical studies, scientific investigations, statistical research and educational activities necessary or useful for the proper execution of the function of the division in promoting and developing Nevada business, industry and commerce, both within and outside the state.
2. Conduct or encourage research designed to further new and more extensive uses of the natural and other resources of the state and designed to develop new products and industrial processes.
3. Serve as a center of public information for the State of Nevada by answering general inquiries concerning the resources and economic, residential and recreational advantages of this state and by furnishing information and data on these and related subjects.
4. Prepare and publish pamphlets and other descriptive material designed to promote industrial development in Nevada, including a regularly revised industrial directory for the state.
5. Plan and develop an effective service for business information, both for the direct assistance of business and industry of the state and for the encouragement of business and industry outside the state to use economic facilities within the state, including readily accessible information on state and local taxes, local zoning regulations and environmental standards, the availability and cost of real estate, labor, energy, transportation and [vocational training] occupational education and related subjects.
κ1985 Statutes of Nevada, Page 815 (CHAPTER 272, AB 131)κ
for the encouragement of business and industry outside the state to use economic facilities within the state, including readily accessible information on state and local taxes, local zoning regulations and environmental standards, the availability and cost of real estate, labor, energy, transportation and [vocational training] occupational education and related subjects.
Sec. 13. NRS 233D.060 is hereby amended to read as follows:
233D.060 The council shall:
1. Study the needs of all children and assist in planning for the improvement and most effective use of voluntary and tax-supported programs at the state and local levels.
2. Study programs for children in Nevada and in other states, and make reports and advise public and private bodies throughout the state on matters relevant to the protection, growth and development of children.
3. Advise state departments concerning programs relating to the well-being of children.
4. Make recommendations on needed legislative action on behalf of children.
5. Promote adequate educational services and training programs for children, including exceptional children, in all parts of the state.
6. Promote social service and [vocational] occupational guidance, training and placement for all children who require them, including exceptional children and those youth who leave school [prior to high school graduation,] without being graduated from high school, and promote adequate special facilities for children maladjusted to their home surroundings.
7. Promote adequate provisions throughout the state for diagnosis and treatment of children who may require special medical services.
8. Conduct statewide conferences concerning programs for children and youth services.
9. Publish such pamphlets and other material as it deems necessary or desirable concerning the work of the council and make an appropriate charge therefor.
Sec. 14. NRS 277.065 is hereby amended to read as follows:
277.065 1. Within the limits of [appropriated money,] legislative appropriations, the department of education, the county school districts of the various counties of the state, the Nevada youth training center bureau and the Nevada girls training center bureau of the youth services division of the department of human resources may enter into cooperative arrangements for the purpose of improving the quality of the academic and [vocational] occupational education provided at the Nevada youth training center and Nevada girls training center.
2. This authorization includes the right to pay over money appropriated to the Nevada youth training center or Nevada girls training center to the department of education or to a county school district when necessary to accomplish the purpose of this section.
κ1985 Statutes of Nevada, Page 816 (CHAPTER 272, AB 131)κ
Sec. 15. NRS 435.230 is hereby amended to read as follows:
435.230 In order to qualify for the aid provided for by NRS 435.130 to 435.320, inclusive, a center must:
1. File an application with the division for a certificate of qualification, which [shall] must include:
(a) The name and address of the center.
(b) The names, addresses and qualifications of the administrative personnel of the center.
(c) An outline of the educational, [vocational and care] occupational and therapeutic program to be offered.
(d) The number of [enrollees or expected enrollees.] persons enrolled or expected.
(e) An affidavit that the center is nonsectarian and a nonprofit organization under the Internal Revenue Code of 1954 as amended (26 U.S.C. § 501(c)(3)).
(f) The number and qualifications of [staff personnel.] the staff.
(g) A complete and detailed proposed financial statement for the operations for the coming year.
(h) Any other information which the division may [, in its discretion,] require.
2. Each year after the original application is made under subsection 1, file an application for renewal of the certificate of qualification, which [shall] must contain:
(a) The information required by subsection 1.
(b) The total number of [staff members, enrollees] members of the staff, persons enrolled, and days of care and training that the center provided during the previous year.
(c) The number [of enrollees] enrolled and days of care and training that the center provided during the previous year to [such enrollees] those enrolled who qualify for aid under the terms of NRS 435.130 to 435.320, inclusive, and the standards established by the division.
(d) A financial statement clearly showing all income received by the center during the previous year and the sources thereof.
(e) Any other information that the division may [, in its discretion,] require.
3. Be inspected by a member or authorized agent of the division to determine [if] whether the centers facilities are proper and adequate.
4. Keep accurate records of daily attendance [records] and establish uniform financial statements and bookkeeping procedures as prescribed by the division.
5. Maintain standards not inconsistent with those required by NRS 435.130 to 435.320, inclusive, or established by the division to qualify for [funds] money from other sources, such as United Fund and United States Government programs.
6. Before certifying an [enrollee] applicant for enrollment as mentally retarded, require:
(a) A documentary history of retarded overall functioning; and
κ1985 Statutes of Nevada, Page 817 (CHAPTER 272, AB 131)κ
(b) Substantiation, through evaluation by a qualified diagnostic team.
7. Meet all other standards set by the division.
Sec. 16. NRS 435.300 is hereby amended to read as follows:
435.300 1. No center may receive aid under the provisions of NRS 435.130 to 435.320, inclusive, for [enrollees] persons enrolled who would otherwise qualify for care or training under [programs] a program offered to the mentally or functionally retarded in the school district in which [the enrollee] that person lives or by the county where [the enrollee] he lives.
2. The provisions of subsection 1 do not preclude aid on account of [enrollees] persons who are receiving [vocational] occupational education at any center in conjunction with a schools program of special education . [program.]
Sec. 17. NRS 563.030 is hereby amended to read as follows:
563.030 1. One member of the board [shall] must be a member of the teaching staff of the college of agriculture of the University of Nevada System;
2. One member of the board [shall] must be a member of the staff of the agricultural extension department of the public service division of the University of Nevada System;
3. One member of the board [shall] must be a member of the staff of the state board for [vocational] occupational education; and
4. Four members of the board [shall] must be persons concerned with the raising and improving of livestock in the State of Nevada, not necessarily stock raisers, selected as follows:
(a) Two persons [from the] whose interest is in cattle and sheep ; [industry;]
(b) One person [from the horse industry;] whose interest is in horses; and
(c) One person [from the dairy industry.] whose interest is in dairying.
All members [shall] must be residents of the State of Nevada.
Sec. 18. NRS 563.100 is hereby amended to read as follows:
563.100 1. The Nevada junior livestock show board shall each year conduct the junior livestock show, the Nevada youth livestock and dairy show and the Nevada state horse program at places to be determined by the board.
2. To enter any exhibition named in subsection 1, a person must be:
(a) Certified by the state 4-H club leader or the state supervisor of [vocational] occupational agricultural education; and
(b) Under 19 years of age except that the board, upon considering the requirements of a specific event involved may allow entry by a person 19 years of age or older who is registered as a regular student in an animal science course under the University of Nevada System.
3. Entries of animals in any exhibition named in subsection 1 are limited to those owned or controlled according to [exhibition requirements.] the requirements of the exhibition.
κ1985 Statutes of Nevada, Page 818 (CHAPTER 272, AB 131)κ
Sec. 19. NRS 610.030 is hereby amended to read as follows:
610.030 1. A state apprenticeship council composed of seven members is hereby created.
2. The labor commissioner shall appoint:
(a) Three members who are representatives from employer associations.
(b) Three members who are representatives from employee organizations.
(c) One member who is a representative from the general public, who, before his appointment, must first receive the unanimous approval of the members appointed under the provisions of paragraphs (a) and (b) of this subsection.
3. The state official who has been designated by the state board for [vocational] occupational education as being in charge of trade and industrial education [shall be] is an ex officio member of the state apprenticeship council but [without a] may not vote.
Sec. 20. The legislative counsel, in preparing the supplement to the Nevada Revised Statutes, with respect to any section which is not amended by this act or is enacted or further amended by another act shall appropriately correct any references in a manner consistent with this act.
________
Assembly Bill No. 381Assemblyman Stone
CHAPTER 273
AN ACT relating to traffic laws; increasing the maximum penalty for causing death or substantial bodily harm while driving under the influence of intoxicating liquor or a controlled substance; and providing other matters properly relating thereto.
[Approved May 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.3795 is hereby amended to read as follows:
484.3795 1. Any person who, while under the influence of intoxicating liquor or with 0.10 percent or more by weight of alcohol in his blood, or while under the influence of a controlled substance, or under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely driving or exercising actual physical control of a vehicle, does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this state, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, any person other than himself, shall be punished by imprisonment in the state prison for not less than 1 year nor more than [6] 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000.
κ1985 Statutes of Nevada, Page 819 (CHAPTER 273, AB 381)κ
harm to, any person other than himself, shall be punished by imprisonment in the state prison for not less than 1 year nor more than [6] 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must be segregated insofar as practicable from offenders whose crimes were violent, and must be assigned to an institution of minimum security or, if space is available, to an honor camp, restitution center or similar facility.
2. No prosecuting attorney may dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty or nolo contendere to a lesser charge or for any other reason unless he knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.
________
Assembly Bill No. 433Assemblymen Nicholas and Bergevin
CHAPTER 274
AN ACT relating to the Tahoe Regional Planning Compact; changing the composition of the governing body established by it; removing the expired provision for a moratorium; and providing other matters properly relating thereto.
[Approved May 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 277.200 is hereby amended to read as follows:
277.200 The Tahoe Regional Planning Compact is as follows:
Tahoe Regional Planning Compact
ARTICLE I. Findings and Declarations of Policy
(a) It is found and declared that:
(1) The waters of Lake Tahoe and other resources of the region are threatened with deterioration or degeneration, which endangers the natural beauty and economic productivity of the region.
(2) The public and private interests and investments in the region are substantial.
(3) The region exhibits unique environmental and ecological values which are irreplaceable.
(4) By virtue of the special conditions and circumstances of the regions natural ecology, developmental pattern, population distribution and human needs, the region is experiencing problems of resource use and deficiencies of environmental control.
(5) Increasing urbanization is threatening the ecological values of the region and threatening the public opportunities for use of the public lands.
(6) Maintenance of the social and economic health of the region depends on maintaining the significant scenic, recreational, educational, scientific, natural and public health values provided by the Lake Tahoe Basin.
κ1985 Statutes of Nevada, Page 820 (CHAPTER 274, AB 433)κ
depends on maintaining the significant scenic, recreational, educational, scientific, natural and public health values provided by the Lake Tahoe Basin.
(7) There is a public interest in protecting, preserving and enhancing these values for the residents of the region and for visitors to the region.
(8) Responsibilities for providing recreational and scientific opportunities, preserving scenic and natural areas, and safeguarding the public who live, work and play in or visit the region are divided among local governments, regional agencies, the states of California and Nevada, and the Federal Government.
(9) In recognition of the public investment and multistate and national significance of the recreational values, the Federal Government has an interest in the acquisition of recreational property and the management of resources in the region to preserve environmental and recreational values, and the Federal Government should assist the states in fulfilling their responsibilities.
(10) In order to preserve the scenic beauty and outdoor recreational opportunities of the region, there is a need to insure an equilibrium between the regions natural endowment and its man-made environment.
(b) In order to enhance the efficiency and governmental effectiveness of the region, it is imperative that there be established a Tahoe Regional Planning Agency with the powers conferred by this compact including the power to establish environmental threshold carrying capacities and to adopt and enforce a regional plan and implementing ordinances which will achieve and maintain such capacities while providing opportunities for orderly growth and development consistent with such capacities.
(c) The Tahoe Regional Planning Agency shall interpret and administer its plans, ordinances, rules and regulations in accordance with the provisions of this compact.
ARTICLE II. Definitions
As used in this compact:
(a) Region, includes Lake Tahoe, the adjacent parts of Douglas and Washoe counties and Carson City, which for the purposes of this compact shall be deemed a county, lying within the Tahoe Basin in the State of Nevada, and the adjacent parts of the Counties of Placer and El Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 North, Range 16 East, M.D.B. & M. The region defined and described herein shall be as precisely delineated on official maps of the agency.
κ1985 Statutes of Nevada, Page 821 (CHAPTER 274, AB 433)κ
(b) Agency means the Tahoe Regional Planning Agency.
(c) Governing body means the governing board of the Tahoe Regional Planning Agency.
(d) Regional plan means the long-term general plan for the development of the region.
(e) Planning commission means the advisory planning commission appointed pursuant to subdivision (h) of Article III.
(f) Gaming means to deal, operate, carry on, conduct, maintain or expose for play any banking or percentage game played with cards, dice or any mechanical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fan-tan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, stud poker, draw poker or slot machine, but does not include social games played solely for drinks, or cigars or cigarettes served individually, games played in private homes or residences for prizes or games operated by charitable or educational organizations, to the extent excluded by applicable state law.
(g) Restricted gaming license means a license to operate not more than 15 slot machines on which a quarterly fee is charged pursuant to NRS 463.373 and no other games.
(h) Project means an activity undertaken by any person, including any public agency, if the activity may substantially affect the land, water, air, space or any other natural resources of the region.
(i) Environmental threshold carrying capacity means an environmental standard necessary to maintain a significant scenic, recreational, educational, scientific or natural value of the region or to maintain public health and safety within the region. Such standards shall include but not be limited to standards for air quality, water quality, soil conservation, vegetation preservation and noise.
(j) Feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
(k) Areas open to the public use means all of the areas within a structure housing gaming under a nonrestricted license except areas devoted to the private use of guests.
(l) Areas devoted to private use of guests means hotel rooms and hallways to serve hotel room areas, and any parking areas. A hallway serves hotel room areas if more than 50 percent of the areas on each side of the hallway are hotel rooms.
(m) Nonrestricted license means a gaming license which is not a restricted gaming license.
ARTICLE III. Organization
(a) There is created the Tahoe Regional Planning Agency as a separate legal entity.
The governing body of the agency shall be constituted as follows:
κ1985 Statutes of Nevada, Page 822 (CHAPTER 274, AB 433)κ
(1) California delegation:
(A) One member appointed by each of the County Boards of Supervisors of the Counties of El Dorado and Placer and one member appointed by the City Council of the City of South Lake Tahoe. Any such member may be a member of the county board of supervisors or city council, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.
(B) Two members appointed by the Governor of California, one member appointed by the Speaker of the Assembly of California and one member appointed by the Senate Rules Committee of the State of California. The members appointed pursuant to this subparagraph shall not be residents of the region and shall represent the public at large within the State of California.
(2) Nevada delegation:
(A) One member appointed by each of the boards of county commissioners of Douglas and Washoe counties and one member appointed by the board of supervisors of Carson City. Any such member may be a member of the board of county commissioners or board of supervisors, respectively, and [shall] must reside in the territorial jurisdiction of the governmental body making the appointment.
(B) [One member] Two members appointed by the governor of Nevada . [, the secretary of state of Nevada or his designee, and the director of the state department of conservation and natural resources of Nevada or his designee. Except for the secretary of state and the director of the state department of conservation and natural resources, the members or designees appointed pursuant to this subparagraph shall not be residents of the region. All members appointed pursuant to this subparagraph shall represent the public at large within the State of Nevada.]
(C) One member appointed [for a 1-year term by the six other members of the Nevada delegation. If at least four members of the Nevada delegation are unable to agree upon the selection of a seventh member within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body for that state the governor of the State of Nevada shall make such an appointment. The member appointed pursuant to this subparagraph may, but is not required to, be a resident of the region within the State of Nevada.] by the speaker of the assembly and one member appointed by the majority leader of the Nevada senate.
(3) If any appointing authority under paragraph (1)(A), (1)(B), (2)(A) , [or] (2)(B) or 2(C) fails to make such an appointment within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body, the governor of the state in which the appointing authority is located shall make the appointment. The term of any member so appointed shall be 1 year.
(4) The position of any member of the governing body shall be deemed vacant if such a member is absent from three consecutive meetings of the governing body in any calendar year.
κ1985 Statutes of Nevada, Page 823 (CHAPTER 274, AB 433)κ
deemed vacant if such a member is absent from three consecutive meetings of the governing body in any calendar year.
(5) Each member and employee of the agency shall disclose his economic interests in the region within 10 days after taking his seat on the governing board or being employed by the agency and shall thereafter disclose any further economic interest which he acquires, as soon as feasible after he acquires it. As used in this paragraph, economic interests means:
(A) Any business entity operating in the region in which the member or employee has a direct or indirect investment worth more than $1,000.
(B) Any real property located in the region in which the member or employee has a direct or indirect interest worth more than $1,000.
(C) Any source of income attributable to activities in the region, other than loans by or deposits with a commercial lending institution in the regular course of business, aggregating $250 or more in value received by or promised to the member within the preceding 12 months; or
(D) Any business entity operating in the region in which the member or employee is a director, officer, partner, trustee, employee or holds any position of management.
No member or employee of the agency shall make, or attempt to influence, an agency decision in which he knows or has reason to know he has an economic interest. Members and employees of the agency must disqualify themselves from making or participating in the making of any decision of the agency when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the economic interests of the member or employee.
(b) The members of the agency shall serve without compensation, but the expenses of each member shall be met by the body which he represents in accordance with the law of that body. All other expenses incurred by the governing body in the course of exercising the powers conferred upon it by this compact unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.
(c) [Except for the secretary of state and director of the state department of conservation and natural resources of Nevada and the member appointed pursuant to subdivision (a)(2)(C), the] The members of the governing body serve at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every 4 years. Members may be reappointed.
(d) The governing body of the agency shall meet at least monthly. All meetings shall be open to the public to the extent required by the law of the State of California or the State of Nevada, whichever imposes the greater requirement, applicable to local governments at the time such meeting is held. The governing body shall fix a date for its regular monthly meeting in such terms as the first Monday of each month, and shall not change such date more often than once in any calendar year. Notice of the date so fixed shall be given by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.
κ1985 Statutes of Nevada, Page 824 (CHAPTER 274, AB 433)κ
once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region. Notice of any special meeting, except an emergency meeting, shall be given by so publishing the date and place and posting an agenda at least 5 days prior to the meeting.
(e) The position of a member of the governing body shall be considered vacated upon his loss of any of the qualifications required for his appointment and in such event the appointing authority shall appoint a successor.
(f) The governing body shall elect from its own members a chairman and vice chairman, whose terms of office shall be 2 years, and who may be reelected. If a vacancy occurs in either office, the governing body may fill such vacancy for the unexpired term.
(g) Four of the members of the governing body from each state constitute a quorum for the transaction of the business of the agency. The voting procedures shall be as follows:
(1) For adopting, amending or repealing environmental threshold carrying capacities, the regional plan, and ordinances, rules and regulations, and for granting variances from the ordinances, rules and regulations, the vote of at least four of the members of each state agreeing with the vote of at least four members of the other state shall be required to take action. If there is no vote of at least four of the members from one state agreeing with the vote of at least four of the members of the other state on the actions specified in this paragraph, an action of rejection shall be deemed to have been taken.
(2) For approving a project, the affirmative vote of at least five members from the state in which the project is located and the affirmative vote of at least nine members of the governing body are required. If at least five members of the governing body from the state in which the project is located and at least nine members of the entire governing body do not vote in favor of the project, upon a motion for approval, an action of rejection shall be deemed to have been taken. A decision by the agency to approve a project shall be supported by a statement of findings, adopted by the agency, which indicates that the project complies with the regional plan and with applicable ordinances, rules and regulations of the agency.
(3) For routine business and for directing the agencys staff on litigation and enforcement actions, at least eight members of the governing body must agree to take action. If at least eight votes in favor of such action are not case, an action of rejection shall be deemed to have been taken.
Whenever under the provisions of this compact or any ordinance, rule, regulation or policy adopted pursuant thereto, the agency is required to review or approve any project, public or private, the agency shall take final action by vote, whether to approve, to require modification or to reject such project, within 180 days after the application for such project is accepted as complete by the agency in compliance with the agencys rules and regulations governing such delivery unless the applicant has agreed to an extension of this time limit.
κ1985 Statutes of Nevada, Page 825 (CHAPTER 274, AB 433)κ
has agreed to an extension of this time limit. If a final action by vote does not take place within 180 days, the applicant may bring an action in a court of competent jurisdiction to compel a vote unless he has agreed to an extension. This provision does not limit the right of any person to obtain judicial review of agency action under subdivision [(j)] (i) of Article VI. The vote of each member of the governing body shall be individually recorded. The governing body shall adopt its own rules, regulations and procedures.
(h) An advisory planning commission shall be appointed by the agency. The commission shall include: the chief planning officers of Placer County, El Dorado County, and the City of South Lake Tahoe in California and of Douglas County, Washoe County and Carson City in Nevada, the executive officer of the Lahontan Regional Water Quality Control Board of the State of California, the executive officer of the Air Resources Board of the State of California, the director of the state department of conservation and natural resources of the State of Nevada, the administrator of the division of environmental protection in the state department of conservation and natural resources of the State of Nevada, the administrator of the Lake Tahoe Management Unit of the United States Forest Service, and at least four lay members with an equal number from each state, at least half of whom shall be residents of the region. Any official member may designate an alternate.
The term of office of each lay member of the advisory planning commission shall be 2 years. Members may be reappointed.
The position of each member of the advisory planning commission shall be considered vacated upon loss of any of the qualifications required for appointment, and in such an event the appointing authority shall appoint a successor.
The advisory planning commission shall elect from its own members a chairman and a vice chairman, whose terms of office shall be 2 years and who may be reelected. If a vacancy occurs in either office, the advisory planning commission shall fill such vacancy for the unexpired term.
A majority of the members of the advisory planning commission constitutes a quorum for the transaction of the business of the commission. A majority vote of the quorum present shall be required to take action with respect to any matter.
(i) The agency shall establish and maintain an office within the region, and for this purpose the agency may rent or own property and equipment. Every plan, ordinance and other record of the agency which is of such nature as to constitute a public record under the law of either the State of California or the State of Nevada shall be open to inspection and copying during regular office hours.
(j) Each authority charged under this compact or by the law of either state with the duty of appointing a member of the governing body of the agency shall by certified copy of its resolution or other action notify the Secretary of State of its own state of the action taken.
κ1985 Statutes of Nevada, Page 826 (CHAPTER 274, AB 433)κ
ARTICLE IV. Personnel
(a) The governing body shall determine the qualification of, and it shall appoint and fix the salary of, the executive officer of the agency, and shall employ such other staff and legal counsel as may be necessary to execute the powers and functions provided for under this compact or in accordance with any intergovernmental contracts or agreements the agency may be responsible for administering.
(b) Agency personnel standards and regulations shall conform insofar as possible to the regulations and procedures of the civil service of the State of California or the State of Nevada, as may be determined by the governing body of the agency; and shall be regional and bistate in application and effect; provided that the governing body may, for administrative convenience and at its discretion, assign the administration of designated personnel arrangements to an agency of either state, and provided that administratively convenient adjustments be made in the standards and regulations governing personnel assigned under intergovernmental agreements.
(c) The agency may establish and maintain or participate in such additional programs of employee benefits as may be appropriate to afford employees of the agency terms and conditions of employment similar to those enjoyed by employees of California and Nevada generally.
ARTICLE V. Planning
(a) In preparing each of the plans required by this article and each amendment thereto, if any, subsequent to its adoption, the planning commission after due notice shall hold at least one public hearing which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment. The notice required by this subdivision shall be given at least 20 days prior to the public hearing by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.
The planning commission shall then recommend such plan or amendment to the governing body for adoption by ordinance. The governing body may adopt, modify or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission. If the governing body initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in this subdivision.
If a request is made for the amendment of the regional plan by:
(1) A political subdivision a part of whose territory would be affected by such amendment; or
(2) The owner or lessee of real property which would be affected by such amendment,
the governing body shall complete its action on such amendment within 180 days after such request is accepted as complete according to standards which must be prescribed by ordinance of the agency.
κ1985 Statutes of Nevada, Page 827 (CHAPTER 274, AB 433)κ
(b) The agency shall develop, in cooperation with the states of California and Nevada, environmental threshold carrying capacities for the region. The agency should request the Presidents Council on Environmental Quality, the United States Forest Service and other appropriate agencies to assist in developing such environmental threshold carrying capacities. Within 18 months after the effective date of the amendments to this compact, the agency shall adopt environmental threshold carrying capacities for the region.
(c) Within 1 year after the adoption of the environmental threshold carrying capacities for the region, the agency shall amend the regional plan so that, at a minimum, the plan and all of its elements, as implemented through agency ordinances, rules and regulations, achieves and maintains the adopted environmental threshold carrying capacities. Each element of the plan shall contain implementation provisions and time schedules for such implementation by ordinance. The planning commission and governing body shall continuously review and maintain the regional plan. The regional plan shall consist of a diagram, or diagrams, and text, or texts setting forth the projects and proposals for implementation of the regional plan, a description of the needs and goals of the region and a statement of the policies, standards and elements of the regional plan.
The regional plan shall be a single enforceable plan and includes all of the following correlated elements:
(1) A land-use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space and other natural resources within the region, including but not limited to an indication or allocation of maximum population densities and permitted uses.
(2) A transportation plan for the integrated development of a regional system of transportation, including but not limited to parkways, highways, transportation facilities, transit routes, waterways, navigation facilities, public transportation facilities, bicycle facilities, and appurtenant terminals and facilities for the movement of people and goods within the region. The goal of transportation planning shall be:
(A) To reduce dependency on the automobile by making more effective use of existing transportation modes and of public transit to move people and goods within the region; and
(B) To reduce to the extent feasible air pollution which is caused by motor vehicles.
Where increases in capacity are required, the agency shall give preference to providing such capacity through public transportation and public programs and projects related to transportation. The agency shall review and consider all existing transportation plans in preparing its regional transportation plan pursuant to this paragraph.
The plan shall provide for an appropriate transit system for the region.
The plan shall give consideration to:
κ1985 Statutes of Nevada, Page 828 (CHAPTER 274, AB 433)κ
(A) Completion of the Loop Road in the states of Nevada and California;
(B) Utilization of a light rail mass transit system in the South Shore area; and
(C) Utilization of a transit terminal in the Kingsbury Grade area.
Until the regional plan is revised, or a new transportation plan is adopted in accordance with this paragraph, the agency has no effective transportation plan.
(3) A conservation plan for the preservation, development, utilization, and management of the scenic and other natural resources within the basin, including but not limited to, soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, recreational and historical facilities.
(4) A recreation plan for the development, utilization, and management of the recreational resources of the region, including but not limited to, wilderness and forested lands, parks and parkways, riding and hiking trails, beaches and playgrounds, marinas, areas for skiing and other recreational facilities.
(5) A public services and facilities plan for the general location, scale and provision of public services and facilities, which, by the nature of their function, size, extent and other characteristics are necessary or appropriate for inclusion in the regional plan.
In formulating and maintaining the regional plan, the planning commission and governing body shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the counties and cities within the region, the plans and planning activities of the state, federal and other public agencies and nongovernmental agencies and organizations which affect or are concerned with planning and development within the region.
(d) The regional plan shall provide for attaining and maintaining federal, state, or local air and water quality standards, whichever are strictest, in the respective portions of the region for which the standards are applicable.
The agency may, however, adopt air or water quality standards or control measures more stringent than the applicable state implementation plan or the applicable federal, state, or local standards for the region, if it finds that such additional standards or control measures are necessary to achieve the purposes of this compact. Each element of the regional plan, where applicable, shall, by ordinance, identify the means and time schedule by which air and water quality standards will be attained.
(e) Except for the Regional Transportation Plan of the California Tahoe Regional Planning Agency, the regional plan, ordinances, rules and regulations adopted by the California Tahoe Regional Planning Agency in effect on July 1, 1980, shall be the regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency for that portion of the Tahoe region located in the State of California.
κ1985 Statutes of Nevada, Page 829 (CHAPTER 274, AB 433)κ
Such plan, ordinance, rule or regulation may be amended or repealed by the governing body of the agency. The plans, ordinances, rules and regulations of the Tahoe Regional Planning Agency that do not conflict with, or are not addressed by, the California Tahoe Regional Planning Agencys plans, ordinances, rules and regulations referred to in this subdivision shall continue to be applicable unless amended or repealed by the governing body of the agency. No provision of the regional plan, ordinances, rules and regulations of the California Tahoe Regional Planning Agency referred to in this subdivision shall apply to that portion of the region within the State of Nevada, unless such provision is adopted for the Nevada portion of the region by the governing body of the agency.
(f) The regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency apply to that portion of the region within the State of Nevada.
(g) The agency shall adopt ordinances prescribing specific written findings that the agency must make prior to approving any project in the region. These findings shall relate to environmental protection and shall insure that the project under review will not adversely affect implementation of the regional plan and will not cause the adopted environmental threshold carrying capacities of the region to be exceeded.
(h) The agency shall maintain the data, maps and other information developed in the course of formulating and administering the regional plan, in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other agencies of government and by private organizations and individuals concerned.
(i) Where necessary for the realization of the regional plan, the agency may engage in collaborative planning with local governmental jurisdictions located outside the region, but contiguous to its boundaries. In formulating and implementing the regional plan, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private persons.
ARTICLE VI. Agencys Powers
(a) The governing body shall adopt all necessary ordinances, rules, and regulations to effectuate the adopted regional plan. Except as otherwise provided in this compact, every such ordinance, rule or regulation shall establish a minimum standard applicable throughout the region. Any political subdivision or public agency may adopt and enforce an equal or higher requirement applicable to the same subject of regulation in its territory. The regulations of the agency shall contain standards including but not limited to the following: water purity and clarity; subdivision; zoning; tree removal; solid waste disposal; sewage disposal; land fills, excavations, cuts and grading; piers, harbors, breakwaters or channels and other shoreline developments; waste disposal in shoreline areas; waste disposal from boats; mobile-home parks; house relocation; outdoor advertising; flood plain protection; soil and sedimentation control; air pollution; and watershed protection.
κ1985 Statutes of Nevada, Page 830 (CHAPTER 274, AB 433)κ
areas; waste disposal from boats; mobile-home parks; house relocation; outdoor advertising; flood plain protection; soil and sedimentation control; air pollution; and watershed protection. Whenever possible without diminishing the effectiveness of the regional plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective states, counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the regional plan.
The agency shall prescribe by ordinance those activities which it has determined will not have substantial effect on the land, water, air, space or any other natural resources in the region and therefore will be exempt from its review and approval.
Every ordinance adopted by the agency shall be published at least once by title in a newspaper or combination of newspapers whose circulation is general throughout the region. Except an ordinance adopting or amending the regional plan, no ordinance shall become effective until 60 days after its adoption. Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having territory within the region.
(b) No project other than those to be reviewed and approved under the special provisions of subdivisions (c), (d), (e) [, (f) and (g)] and (f) may be developed in the region without obtaining the review and approval of the agency and no project may be approved unless it is found to comply with the regional plan and with the ordinances, rules and regulations enacted pursuant to subdivision (a) to effectuate that plan. The agency may approve a project in the region only after making the written findings required by this subdivision or subdivision (g) of Article V. Such findings shall be based on substantial evidence in the record.
Before adoption by the agency of the ordinances required in subdivision (g) of Article V, the agency may approve a project in the region only after making written findings on the basis of substantial evidence in the record that the project is consistent with the regional plan then in effect and with applicable plans, ordinances, regulations, and standards of federal and state agencies relating to the protection, maintenance and enhancement of environmental quality in the region.
(c) [The legislatures of the states of California and Nevada find that in order to make effective the regional plan as revised by the agency, it is necessary to halt temporarily works of development in the region which might otherwise absorb the entire capability of the region for further development or direct it out of harmony with the ultimate plan. Subject to the limitation provided in this subdivision, from the effective date of the amendments to this compact until the regional plan is amended pursuant to subdivision (c) of Article V, or until May 1, 1983, whichever is earlier:
(1) Except as otherwise provided in this paragraph, no new subdivision, planned unit development, or condominium project may be approved unless a complete tentative map or plan has been approved before the effective date of the amendments to this compact by all agencies having jurisdiction.
κ1985 Statutes of Nevada, Page 831 (CHAPTER 274, AB 433)κ
approved unless a complete tentative map or plan has been approved before the effective date of the amendments to this compact by all agencies having jurisdiction. The subdivision of land owned by a general improvement district, which existed and owned the land before the effective date of the amendments to this compact, may be approved if subdivision of the land is necessary to avoid insolvency of the district.
(2) Except as provided in paragraph (3), no apartment building may be erected unless the required permits for such building have been secured from all agencies having jurisdiction, prior to the effective date of the amendments to this compact.
(3) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize the construction of a greater number of new residential units within the region than were authorized within the region by building permits issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third of that number may be issued by each such city or county. For purposes of this paragraph a residential unit means either a single family residence or an individual residential unit within a larger building, such as an apartment building, a duplex or a condominium.
The legislatures find the respective numbers of residential units authorized within the region during the calendar year 1978 to be as follows:
1. City of South Lake Tahoe and El Dorado County (combined)................ 252
2. Placer County.................................................................................................. 278
3. Carson City...................................................................................................... -0-
4. Douglas County.............................................................................................. 339
5. Washoe County.............................................................................................. 739
(4) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize construction of a greater square footage of new commercial buildings within the region than were authorized within the region by building permits for commercial purposes issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third the amount of that square footage may be issued by each such city or county. The legislatures find the respective square footages of commercial buildings authorized within the region during calendar year 1978 to be as follows:
1. City of South Lake Tahoe and El Dorado County (combined)................ 64,324
2. Placer County.................................................................................................. 23,000
3. Carson City...................................................................................................... -0-
4. Douglas County.............................................................................................. 57,354
5. Washoe County.............................................................................................. 50,600
(5) No structure may be erected to house gaming under a nonrestricted license.
κ1985 Statutes of Nevada, Page 832 (CHAPTER 274, AB 433)κ
(6) No facility for the treatment of sewage may be constructed or enlarged except:
(A) To comply, as ordered by the appropriate state agency for the control of water pollution, with existing limitations of effluent under the Clean Water Act, 33 U.S.C. § 1251 et seq., and the applicable state law for control of water pollution;
(B) To accommodate development which is not prohibited or limited by this subdivision; or
(C) In the case of Douglas County Sewer District # 1, to modify or otherwise alter sewage treatment facilities existing on the effective date of the amendments to this compact so that such facilities will be able to treat the total volume of effluent for which they were originally designed, which is 3.0 million gallons per day. Such modification or alteration is not a project; is not subject to the requirements of Article VII; and does not require a permit from the agency. Before commencing such modification or alteration, however, the district shall submit to the agency its report identifying any significant soil erosion problems which may be caused by such modifications or alterations and the measures which the district proposes to take to mitigate or avoid such problems.
The moratorium imposed by this subdivision does not apply to work done pursuant to a right vested before the effective date of the amendments to this compact. Notwithstanding the expiration date of the moratorium imposed by this subdivision, no new highway may be built or existing highway widened to accommodate additional continuous lanes for automobiles until the regional transportation plan is revised and adopted.
The moratorium imposed by this subdivision does not apply to the construction of any parking garage which has been approved by the agency prior to May 4, 1979, whether that approval was affirmative or by default. The provisions of this paragraph are not an expression of legislative intent that any such parking garage, the approval of which is the subject of litigation which was pending on the effective date of the amendments to this compact, should or should not be constructed. The provisions of this paragraph are intended solely to permit construction of such a parking garage if a judgment sustaining the agencys approval to construct that parking garage has become final and no appeal is pending or may lawfully be taken to a higher court.
(d)] Subject to the final order of any court of competent jurisdiction entered in litigation contesting the validity of an approval by the Tahoe Regional Planning Agency, whether that approval was affirmative or by default, if that litigation was pending on May 4, 1979, the agency and the states of California and Nevada shall recognize as a permitted and conforming use:
(1) Every structure housing gaming under a nonrestricted license which existed as a licensed gaming establishment on May 4, 1979, or whose construction was approved by the Tahoe Regional Planning Agency affirmatively or deemed approved before that date.
κ1985 Statutes of Nevada, Page 833 (CHAPTER 274, AB 433)κ
Agency affirmatively or deemed approved before that date. The construction or use of any structure to house gaming under a nonrestricted license not so existing or approved, or the enlargement in cubic volume of any such existing or approved structure is prohibited.
(2) Every other nonrestricted gaming establishment whose use was seasonal and whose license was issued before May 4, 1979, for the same season and for the number and type of games and slot machines on which taxes or fees were paid in the calendar year 1978.
(3) Gaming conducted pursuant to a restricted gaming license issued before May 4, 1979, to the extent permitted by that license on that date. The area within any structure housing gaming under a nonrestricted license which may be open to public use (as distinct from that devoted to the private use of guests and exclusive of any parking area) is limited to the area existing or approved for public use on May 4, 1979. Within these limits, any external modification of the structure which requires a permit from a local government also requires approval from the agency. The agency shall not permit restaurants, convention facilities, showrooms or other public areas to be constructed elsewhere in the region outside the structure in order to replace areas existing or approved for public use on May 4, 1979.
[(e)] (d) Any structure housing licensed gaming may be rebuilt or replaced to a size not to exceed the cubic volume, height and land coverage existing or approved on May 4, 1979, without the review or approval of the agency or any planning or regulatory authority of the State of Nevada whose review or approval would be required for a new structure.
[(f)] (e) The following provisions apply to any internal or external modification, remodeling, change in use, or repair of a structure housing gaming under a nonrestricted license which is not prohibited by [Article VI (d):] subdivision (c):
(1) The agencys review of an external modification of the structure which requires a permit from a local government is limited to determining whether the external modification will do any of the following:
(A) Enlarge the cubic volume of the structure;
(B) Increase the total square footage of area open to or approved for public use on May 4, 1979;
(C) Convert an area devoted to the private use of guests to an area open to public use;
(D) Increase the public area open to public use which is used for gaming beyond the limits contained in paragraph (3); and
(E) Conflict with or be subject to the provisions of any of the agencys ordinances that are generally applicable throughout the region.
The agency shall make this determination within 60 days after the proposal is delivered to the agency in compliance with the agencys rules or regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If an external modification is determined to have any of the effects enumerated in subparagraphs (A) through (C), it is prohibited. If an external modification is determined to have any of the effects enumerated in subparagraphs (D) or (E), it is subject to the applicable provisions of this compact.
κ1985 Statutes of Nevada, Page 834 (CHAPTER 274, AB 433)κ
to have any of the effects enumerated in subparagraphs (D) or (E), it is subject to the applicable provisions of this compact. If an external modification is determined to have no such effect, it is not subject to the provisions of this compact.
(2) Except as provided in paragraph (3), internal modification, remodeling, change in use or repair of a structure housing gaming under a nonrestricted license is not a project and does not require the review or approval of the agency.
(3) Internal modification, remodeling, change in use or repair of areas open to public use within a structure housing gaming under a nonrestricted license which alone or in combination with any other such modification, remodeling, change in use or repair will increase the total portion of those areas which is actually used for gaming by more than the product of the total base area, as defined below, in square feet existing on or approved before August 4, 1980, multiplied by 15 percent constitutes a project and is subject to all of the provisions of this compact relating to projects. For purposes of this paragraph and the determination required by [Article VI (g),] subdivision (f), base area means all of the area within a structure housing gaming under a nonrestricted license which may be open to public use, whether or not gaming is actually conducted or carried on in that area, except retail stores, convention centers and meeting rooms, administrative offices, kitchens, maintenance and storage areas, rest rooms, engineering and mechanical rooms, accounting rooms and counting rooms.
[(g)] (f) In order to administer and enforce the provisions of [paragraphs (d), (e) and (f),] subdivisions (c), (d) and (e) the State of Nevada, through its appropriate planning or regulatory agency, shall require the owner or licensee of a structure housing gaming under a nonrestricted license to provide:
(1) Documents containing sufficient information for the Nevada agency to establish the following relative to the structure:
(A) The location of its external walls;
(B) Its total cubic volume;
(C) Within its external walls, the area in square feet open or approved for public use and the area in square feet devoted to or approved for the private use of guests on May 4, 1979;
(D) The amount of surface area of land under the structure; and
(E) The base area as defined in paragraph (f)(3) in square feet existing on or approved before August 4, 1980.
(2) An informational report whenever any internal modification, remodeling, change in use, or repair will increase the total portion of the areas open to public use which is used for gaming.
The Nevada agency shall transmit this information to the Tahoe Regional Planning Agency.
[(h)] (g) Gaming conducted pursuant to a restricted gaming license is exempt from review by the agency if it is incidental to the primary use of the premises.
[(i)] (h) The provisions of subdivisions (c) and (d) [and (e)] are intended only to limit gaming and related activities as conducted within a gaming establishment, or construction designed to permit the enlargement of such activities, and not to limit any other use of property zoned for commercial use or the accommodation of tourists, as approved by the agency.
κ1985 Statutes of Nevada, Page 835 (CHAPTER 274, AB 433)κ
intended only to limit gaming and related activities as conducted within a gaming establishment, or construction designed to permit the enlargement of such activities, and not to limit any other use of property zoned for commercial use or the accommodation of tourists, as approved by the agency.
[(j)] (i) Legal actions arising out of or alleging a violation of the provisions of this compact, of the regional plan or of an ordinance or regulation of the agency or of a permit or a condition of a permit issued by the agency are governed by the following provisions;
(1) This subdivision applies to:
(A) Actions arising out of activities directly undertaken by the agency.
(B) Actions arising out of the issuance to a person of a lease, permit, license or other entitlement for use by the agency.
(C) Actions arising out of any other act or failure to act by any person or public agency.
Such legal actions may be filed and the provisions of this subdivision apply equally in the appropriate courts of California and Nevada and of the United States.
(2) Venue lies:
(A) If a civil or criminal action challenges an activity by the agency or any person which is undertaken or to be undertaken upon a parcel of real property, in the state or federal judicial district where the real property is situated.
(B) If an action challenges an activity which does not involve a specific parcel of land (such as an action challenging an ordinance of the agency), in any state or federal court having jurisdiction within the region.
(3) Any aggrieved person may file an action in an appropriate court of the State of California or Nevada or of the United States alleging noncompliance with the provisions of this compact or with an ordinance or regulation of the agency. In the case of governmental agencies, aggrieved person means the Tahoe Regional Planning Agency or any state, federal or local agency. In the case of any person other than a governmental agency who challenges an action of the Tahoe Regional Planning Agency, aggrieved person means any person who has appeared, either in person, through an authorized representative, or in writing, before the agency at an appropriate administrative hearing to register objection to the action which is being challenged, or who had good cause for not making such an appearance.
(4) A legal action arising out of the adoption or amendment of the regional plan or of any ordinance or regulation of the agency, or out of the granting or denial of any permit, shall be commenced within 60 days after final action by the agency. All other legal actions shall be commenced within 65 days after discovery of the cause of action.
(5) In any legal action filed pursuant to this subdivision which challenges an adjudicatory act or decision of the agency to approve or disapprove a project, the scope of judicial inquiry shall extend only to whether there was prejudicial abuse of discretion. Prejudicial abuse of discretion is established if the agency has not proceeded in a manner required by law or if the act or decision of the agency was not supported by substantial evidence in light of the whole record.
κ1985 Statutes of Nevada, Page 836 (CHAPTER 274, AB 433)κ
discretion is established if the agency has not proceeded in a manner required by law or if the act or decision of the agency was not supported by substantial evidence in light of the whole record. In making such a determination the court shall not exercise its independent judgment on evidence but shall only determine whether the act or decision was supported by substantial evidence in light of the whole record. In any legal action filed pursuant to this subdivision which challenges a legislative act or decision of the agency (such as the adoption of the regional plan and the enactment of implementing ordinances), the scope of the judicial inquiry shall extend only to the questions of whether the act or decision has been arbitrary, capricious or lacking substantial evidentiary support or whether the agency has failed to proceed in a manner required by law.
(6) The provisions of this subdivision do not apply to any legal proceeding pending on the date when this subdivision becomes effective. Any such legal proceeding shall be conducted and concluded under the provisions of law which were applicable prior to the effective date of this subdivision.
(7) The security required for the issuance of a temporary restraining order or preliminary injunction based upon an alleged violation of this compact or any ordinance, plan, rule or regulation adopted pursuant thereto is governed by the rule or statute applicable to the court in which the action is brought, unless the action is brought by a public agency or political subdivision to enforce its own rules, regulations and ordinances in which case no security shall be required.
[(k)] (j) The agency shall monitor activities in the region and may bring enforcement actions in the region to ensure compliance with the regional plan and adopted ordinances, rules, regulations and policies. If it is found that the regional plan, or ordinances, rules, regulations and policies are not being enforced by a local jurisdiction, the agency may bring action in a court of competent jurisdiction to ensure compliance.
[(l)] (k) Any person who violates any provision of this compact or of any ordinance or regulation of the agency or of any condition of approval imposed by the agency is subject to a civil penalty not to exceed $5,000. Any such person is subject to an additional civil penalty not to exceed $5,000 per day, for each day on which such a violation persists. In imposing the penalties authorized by this subdivision, the court shall consider the nature of the violation and shall impose a greater penalty if it was willful or resulted from gross negligence than if it resulted from inadvertence or simple negligence.
[(m)] (l) The agency is hereby empowered to initiate, negotiate and participate in contracts and agreements among the local governmental authorities of the region, or any other intergovernmental contracts or agreements authorized by state or federal law.
[(n)] (m) Each intergovernmental contract or agreement shall provide for its own funding and staffing, but this shall not preclude financial contributions from the local authorities concerned or from supplementary sources.
κ1985 Statutes of Nevada, Page 837 (CHAPTER 274, AB 433)κ
contributions from the local authorities concerned or from supplementary sources.
[(o)] (n) Every record of the agency, whether public or not, shall be open for examination to the Legislature and Controller of the State of California and the legislative auditor of the State of Nevada.
[(p)] (o) Approval by the agency of any project expires 3 years after the date of final action by the agency or the effective date of the amendments to this compact, whichever is later, unless construction is begun within that time and diligently pursued thereafter, or the use or activity has commenced. In computing the 3-year period any period of time during which the project is the subject of a legal action which delays or renders impossible the diligent pursuit of that project shall not be counted. Any license, permit or certificate issued by the agency which has an expiration date shall be extended by that period of time during which the project is the subject of such legal action as provided in this subdivision.
[(q)] (p) The governing body shall maintain a current list of real property known to be available for exchange with the United States or with other owners of real property in order to facilitate exchanges of real property by owners of real property in the region.
ARTICLE VII. Environmental Impact Statements
(a) The Tahoe Regional Planning Agency when acting upon matters that have a significant effect on the environment shall:
(1) Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decisionmaking which may have an impact on mans environment;
(2) Prepare and consider a detailed environmental impact statement before deciding to approve or carry out any project. The detailed environmental impact statement shall include the following:
(A) The significant environmental impacts of the proposed project;
(B) Any significant adverse environmental effects which cannot be avoided should the project be implemented;
(C) Alternatives to the proposed project;
(D) Mitigation measures which must be implemented to assure meeting standards of the region;
(E) The relationship between local short-term uses of mans environment and the maintenance and enhancement of long-term productivity;
(F) Any significant irreversible and irretrievable commitments of resources which would be involved in the proposed project should it be implemented; and
(G) The growth-inducing impact of the proposed project;
(3) Study, develop and describe appropriate alternatives to recommended courses of action for any project which involves unresolved conflicts concerning alternative uses of available resources;
(4) Make available to states, counties, municipalities, institutions and individuals, advice and information useful in restoring, maintaining and enhancing the quality of the regions environment; and
κ1985 Statutes of Nevada, Page 838 (CHAPTER 274, AB 433)κ
individuals, advice and information useful in restoring, maintaining and enhancing the quality of the regions environment; and
(5) Initiate and utilize ecological information in the planning and development of resource-oriented projects.
(b) Prior to completing an environmental impact statement, the agency shall consult with and obtain the comments of any federal, state or local agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate federal, state and local agencies which are authorized to develop and enforce environmental standards shall be made available to the public and shall accompany the project through the review processes. The public shall be consulted during the environmental impact statement process and views shall be solicited during a public comment period not to be less than 60 days.
(c) Any environmental impact statement required pursuant to this article need not repeat in its entirety any information or data which is relevant to such a statement and is a matter of public record or is generally available to the public, such as information contained in an environmental impact report prepared pursuant to the California Environmental Quality Act or a federal environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969. However, such information or data shall be briefly described in the environmental impact statement and its relationship to the environmental impact statement shall be indicated.
In addition, any person may submit information relative to a proposed project which may be included, in whole or in part, in any environmental impact statement required by this article.
(d) In addition to the written findings specified by agency ordinance to implement the regional plan, the agency shall make either of the following written findings before approving a project for which an environmental impact statement was prepared.
(1) Changes or alterations have been required in or incorporated into such project which avoid or reduce the significant adverse environmental effects to a less than significant level; or
(2) Specific considerations, such as economic, social or technical, make infeasible the mitigation measures or project alternatives discussed in the environmental impact statement on the project.
A separate written finding shall be made for each significant effect identified in the environmental impact statement on the project. All written findings must be supported by substantial evidence in the record.
(e) The agency may charge and collect a reasonable fee from any person proposing a project subject to the provisions of this compact in order to recover the estimated costs incurred by the agency in preparing an environmental impact statement under this article.
(f) The agency shall adopt by ordinance a list of classes of projects which the agency has determined will not have a significant effect on the environment and therefore will be exempt from the requirement for the preparation of an environmental impact statement under this article.
κ1985 Statutes of Nevada, Page 839 (CHAPTER 274, AB 433)κ
Prior to adopting the list, the agency shall make a written finding supported by substantial evidence in the record that each class of projects will not have a significant effect on the environment.
ARTICLE VIII. Finances
(a) On or before September 30 of each calendar year the agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of the following year. The agency shall apportion $75,000 of this amount among the counties within the region on the same ratio to the total sum required as the full cash valuation of taxable property within the region in each county bears to the total full cash valuation of taxable property within the region. In addition, each county within the region in California shall pay $18,750 to the agency and each county within the region in Nevada, including Carson City, shall pay $12,500 to the agency, from any funds available therefor. The State of California and the State of Nevada may pay to the agency by July 1 of each year any additional sums necessary to support the operations of the agency pursuant to this compact. If additional funds are required, the agency shall make a request for the funds to the states of California and Nevada. Requests for state funds must be apportioned two-thirds from California and one-third from Nevada. Money appropriated shall be paid within 30 days.
(b) The agency may fix and collect reasonable fees for any services rendered by it.
(c) The agency shall submit an itemized budget to the states for review with any request for state funds, shall be strictly accountable to any county in the region and the states for all funds paid by them to the agency and shall be strictly accountable to all participating bodies for all receipts and disbursements.
(d) The agency is authorized to receive gifts, donations, subventions, grants, and other financial aids and funds; but the agency may not own land except as provided in subdivision (i) of Article III.
(e) The agency shall not obligate itself beyond the moneys due under this article for its support from the several counties and the states for the current fiscal year, plus any moneys on hand or irrevocably pledged to its support from other sources. No obligation contracted by the agency shall bind either of the party states or any political subdivision thereof.
ARTICLE IX. Transportation District
(a) The Tahoe transportation district is hereby established as a special purpose district. The boundaries of the district are coterminous with those of the region.
(b) The business of the district shall be managed by a board of directors consisting of:
(1) One member of the county board of supervisors of each of the counties of El Dorado and Placer;
(2) One member of the city council of the City of South Lake Tahoe;
κ1985 Statutes of Nevada, Page 840 (CHAPTER 274, AB 433)κ
(3) One member each of the board of county commissioners of Douglas County and of Washoe County;
(4) One member of the board of supervisors of Carson City;
(5) The director of the California Department of Transportation; and
(6) The director of the department of transportation of the State of Nevada.
Any director may designate an alternate.
(c) The vote of at least five of the directors must agree to take action. If at least five votes in favor of an action are not cast, an action of rejection shall be deemed to have been taken.
(d) The Tahoe transportation district may by resolution establish procedures for the adoption of its budgets, the appropriation of its money and the carrying on of its other financial activities. These procedures must conform insofar as is practicable to the procedures for financial administration of the State of California or the State of Nevada or one or more of the local governments in the region.
(e) The Tahoe transportation district may in accordance with the adopted transportation plan:
(1) Own and operate a public transportation system to the exclusion of all other publicly owned transportation systems in the region.
(2) Acquire upon mutually agreeable terms any public transportation system or facility owned by a county, city or special purpose district or any privately owned transportation system or facility within the region.
(3) Hire the employees of existing public transportation systems that are acquired by the district without loss of benefits to the employees, bargain collectively with employee organizations, and extend pension and other collateral benefits to employees.
(4) Contract with private companies to provide supplementary transportation or provide any of the services needed in operating a system of transportation for the region.
(5) Fix the rates and charges for transit services provided pursuant to this subdivision.
(6) Issue revenue bonds and other evidence of indebtedness and make other financial arrangements appropriate for developing and operating a public transportation system.
(7) By resolution, determine and propose for adoption a tax for the purpose of obtaining services of the district. The tax proposed must be general and of uniform operation throughout the region, and may not be graduated in any way. The district is prohibited from imposing an ad valorem tax, a tax measured by gross or net receipts on business, a tax or charge that is assessed against people or vehicles as they enter or leave the region, and any tax, direct or indirect, on gaming tables and devices. Any such proposition must be submitted to the voters of the district and shall become effective upon approval of a majority of the voters voting on the proposition. The revenues from any such tax must be used for the service for which it was imposed, and for no other purpose.
κ1985 Statutes of Nevada, Page 841 (CHAPTER 274, AB 433)κ
(8) Provide service from inside the region to convenient airport, railroad and interstate bus terminals without regard to the boundaries of the region.
(f) The legislatures of the states of California and Nevada may, by substantively identical enactments, amend this article.
ARTICLE X. Miscellaneous
(a) It is intended that the provisions of this compact shall be reasonably and liberally construed to effectuate the purposes thereof. Except as provided in subdivision (c), the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining state and in full force and effect as to the state affected as to all severable matters.
(b) The agency shall have such additional powers and duties as may hereafter be delegated or imposed upon it from time to time by the action of the Legislature of either state concurred in by the Legislature of the other.
(c) A state party to this compact may withdraw therefrom by enacting a statute repealing the compact. Notice of withdrawal shall be communicated officially and in writing to the Governor of the other state and to the agency administrators. This provision is not severable, and if it is held to be unconstitutional or invalid, no other provision of this compact shall be binding upon the State of Nevada or the State of California.
(d) No provision of this compact shall have any effect upon the allocation, distribution or storage of interstate waters or upon any appropriative water right.
Sec. 2. The secretary of state shall transmit a certified copy of section 1 of this act to the governor of the State of California, and two certified copies of this entire act to the secretary of state of California for delivery to the respective houses of its legislature. The governor of this state, as soon as:
1. He is officially advised that the State of California has enacted the amendment to the Tahoe Regional Planning Compact set forth in section 1 of this act; and
2. The Congress of the United States has approved such amendment,
shall proclaim that the compact has been so amended.
Sec. 3. 1. This section and section 2 of this act become effective upon passage and approval.
2. Section 1 of this act becomes effective upon proclamation by the governor of this state of the enactment of the amendments to the Tahoe Regional Planning Compact contained in section 1 of this act by the State of California and their approval by the Congress of the United States.
κ1985 Statutes of Nevada, Page 842 (CHAPTER 274, AB 433)κ
Regional Planning Compact contained in section 1 of this act by the State of California and their approval by the Congress of the United States.
________
Senate Bill No. 114Committee on Judiciary
CHAPTER 275
AN ACT relating to witnesses; modifying the privilege which restricts testimony by a person against his spouse; allowing expert testimony to show that a person has suffered physical or emotional damage indicative of sexual assault; and providing other matters properly relating thereto.
[Approved May 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 49.295 is hereby amended to read as follows:
49.295 1. Except as provided in subsections 2 and 3 and NRS 49.305:
(a) A husband cannot be examined as a witness for or against his wife without [her] his consent, nor a wife for or against her husband without [his] her consent.
(b) Neither a husband nor a wife can be examined, during the marriage or afterwards, without the consent of the other, as to any communication made by one to the other during marriage.
2. The provisions of subsection 1 do not apply to a:
(a) Civil proceeding brought by or on behalf of one spouse against the other spouse;
(b) Proceeding to commit or otherwise place his spouse, the property of his spouse or both the spouse and the property of the spouse under the control of another because of the alleged mental or physical condition of the spouse;
(c) Proceeding brought by or on behalf of a spouse to establish his competence;
(d) Proceeding in the juvenile court pursuant to chapter 62 of NRS; or
(e) Criminal proceeding in which one spouse is charged with:
(1) A crime against the person or the property of the other spouse or of a child of either, or of a child in the custody or control of either, whether such crime was committed before or during marriage.
(2) Bigamy or incest.
(3) A crime related to abandonment of a child or nonsupport of a wife or child.
3. The provisions of subsection 1 do not apply in any criminal proceeding to events which took place before the husband and wife were married.
κ1985 Statutes of Nevada, Page 843 (CHAPTER 275, SB 114)κ
Sec. 2. Chapter 50 of NRS is hereby amended by adding thereto a new section to read as follows:
In any prosecution for sexual assault, expert testimony is not inadmissible to show that the victims behavior or mental or physical condition is consistent with the behavior or condition of a victim of sexual assault.
________
Assembly Bill No. 123Committee on Taxation
CHAPTER 276
AN ACT relating to an optional tax on motor vehicle fuel; providing for its imposition throughout a county adopting it; and providing other matters properly relating thereto.
[Approved May 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 365.192 is hereby amended to read as follows:
365.192 1. In addition to any other tax provided for in this chapter, there is hereby levied an excise tax of 1 cent per gallon on motor vehicle fuel . [of up to and including 1 cent per gallon, at a rate to be determined pursuant to the provisions of subsection 2.]
2. The provisions of this section [shall be deemed to be] are optional. A board of county commissioners [, for the unincorporated areas of a county, and the governing bodies of the incorporated cities in the county, by ordinances] by an ordinance regularly adopted and approved by the voters of the county [or city] as provided in NRS 365.194, may [decide to participate in imposing and sharing the receipts of] impose the tax provided for in this section. [The rate of the tax in any county is that proportion of 1 cent, in hundredths of a cent, which the sum of the populations of the participating governmental entities in the county bears to the population of the entire county. In determining the rate of the tax, the population of each participating entity must be stated as a percentage of the population of the entire county, rounded to the nearest percentage point.]
3. The ordinance adopted by a board of county commissioners [or governing body of an incorporated city] must be approved by the voters of the county [or city] at least 1 month before the tax is to become effective, and the tax may become effective and begin to be collected [for that entity] only on and after the next succeeding January 1 or July 1. A county [or incorporated city] and the voters thereof may [withdraw from participation in imposing the tax by repealing] repeal such an ordinance pursuant to the same limitations on time for adoption and effectiveness. Upon approval by the voters of the adoption or repeal of such an ordinance, the county [or incorporated city] shall immediately notify [the other eligible governmental entities in the county and] the Nevada tax commission of its action.
κ1985 Statutes of Nevada, Page 844 (CHAPTER 276, AB 123)κ
notify [the other eligible governmental entities in the county and] the Nevada tax commission of its action.
4. [The commission, during the month immediately preceding each January 1 and July 1 shall compute the rate of the tax authorized by this section for each county and shall declare the rate in a timely manner for collecting the tax.
5.] The tax must be accounted for by each dealer as to the county in which the motor vehicle fuel is sold to the retailer and be collected in the manner provided in this chapter. The tax must be paid to the department and delivered by the department to the state treasurer.
Sec. 2. NRS 365.194 is hereby amended to read as follows:
365.194 An ordinance enacted pursuant to NRS 365.192:
1. Becomes effective when it is approved by a majority of the registered voters of the county [or incorporated city] voting upon [a] the question , which the [governing body] board of county commissioners may submit to the voters at any election.
2. [Must provide that the tax is imposed beginning on the next January 1 or July 1 following by at least 1 month the approval of the ordinance by the voters.
3. Must provide that the tax is imposed at the proportional rate described in NRS 365.192, that it is apportioned as described in NRS 365.196 and that the proceeds of the tax may be used solely to repair or restore existing paved roads, streets and alleys within the city or unincorporated areas of the county, as appropriate.
4.] Must provide that all amendments to chapter 365 of NRS which relate to the tax imposed pursuant to NRS 365.192 and become effective after the date of approval of the ordinance by the voters, automatically become a part of that ordinance.
Sec. 3. NRS 365.196 is hereby amended to read as follows:
365.196 1. The receipts of the tax as levied in NRS 365.194 must be allocated monthly by the department to the counties in which the tax payments originate.
2. Each county must apportion the receipts of that tax among the county, for unincorporated areas of the county, and each incorporated city in the county . [which has decided by ordinance to participate in imposing the tax. Each participating governmental entity is] The county and each city are respectively entitled to receive each month that proportion of those receipts which [the] its total population [of the entity] bears to the total population of [all the participating governmental entities in] the county.
3. During the month immediately preceding each January 1 and July 1, the county treasurer of each county in which the tax is imposed shall, when necessary and after a hearing, adopt a regulation which provides for the accurate apportionment of those receipts in the county during the ensuing 6 months.
4. The money apportioned to [a participating entity pursuant to subsection 2] the county or a city must be used by [that entity] it solely to repair or restore existing paved roads, streets and alleys, other than those maintained by the Federal Government and this state, by resurfacing, overlaying, resealing or other such customary methods.
κ1985 Statutes of Nevada, Page 845 (CHAPTER 276, AB 123)κ
those maintained by the Federal Government and this state, by resurfacing, overlaying, resealing or other such customary methods.
Sec. 4. 1. In any county in which the tax authorized by NRS 365.192 as originally enacted has been submitted at an election and approved by a majority of the voters voting on the question in the county as a whole, the tax is hereby imposed at the rate of 1 cent per gallon throughout the county.
2. In any other county, unless the tax is already in effect at that rate throughout the county, the board of county commissioners shall adopt the ordinance described in NRS 365.192 and 365.194 and submit it for approval at the general election in 1986. If it is not then approved, it may again be submitted at any time thereafter.
________
Assembly Bill No. 593Committee on Ways and Means
CHAPTER 277
AN ACT relating to public employees; confirming the exclusion of professional employees of the University of Nevada System from the payment of additional compensation for continuous service; and providing other matters properly relating thereto.
[Approved May 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 284 of NRS is hereby amended by adding thereto a new section to read as follows:
The professional employees of the University of Nevada System are not entitled to receive the increases provided in NRS 284.177.
Sec. 2. Section 1 of this act does not change the rights of professional employees of the University of Nevada System. It constitutes a declaration and clarification of existing law.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 190Committee on Finance
CHAPTER 278
AN ACT relating to group insurance for public officers and employees; increasing the amount a public agency may contribute to group insurance; and providing other matters properly relating thereto.
[Approved May 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT 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 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 846 (CHAPTER 278, SB 190)κ
that group insurance, not to exceed 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. [State participation] Participation by the state in the cost of premiums or contributions must not exceed the amounts specified 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.
Sec. 2. The cost of monthly premiums which may be applied to group life, accident or health coverage for each participating public officer or employee by the department, commission or public agency which employs the officer or employee must not exceed $124.20 from July 1, 1985, to December 31, 1985, and $129.20 from January 1, 1986, to June 30, 1987.
Sec. 3. Section 2, chapter 617, Statutes of Nevada 1983, at page 2013 is hereby repealed.
________
Senate Bill No. 132Committee on Finance
CHAPTER 279
AN ACT relating to interstate higher education; revising the programs for loans; creating a new account; and providing other matters properly relating thereto.
[Approved May 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 397 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. Loans, from the Western Interstate Commission for Higher Educations fund for student loans, to students who enter the program on or after July 1, 1985, must be made upon the following terms:
1. All loans must bear interest at 8 percent per annum from the date when the student receives the loan.
2. Each student receiving a loan must repay the loan with interest following the termination of his education or completion of his internship for which the loan is made. The loan must be repaid in monthly installments over the period allowed with the first installment due 1 year after the date of the termination of his education or the completion of his internship for which the loan is made.
κ1985 Statutes of Nevada, Page 847 (CHAPTER 279, SB 132)κ
installments over the period allowed with the first installment due 1 year after the date of the termination of his education or the completion of his internship for which the loan is made. The amounts of the installments may not be less than $50 and may be calculated to allow a smaller payment at the beginning of the repayment period, with each succeeding payment gradually increasing so that the total amount due will have been paid within the period allowed for repayment. The three commissioners from the State of Nevada, acting jointly, shall schedule the repayment within the following periods:
(a) Five years for loans which total less than $10,000.
(b) Eight years for loans which total $10,000 or more but less than $20,000.
(c) Ten years for loans which total $20,000 or more.
3. A student loan may not exceed 50 percent of the student fees for any academic year.
4. A delinquency charge may be assessed on any installment delinquent 10 days or more in the amount of 8 percent of the installment or $4, whichever is greater, but not more than $15.
5. The reasonable costs of collection and an attorneys fee may be recovered in the event of delinquency.
Sec. 3. The three commissioners from the State of Nevada, acting jointly, may require, upon notice to a recipient of a loan, that he repay the balance and any unpaid interest on the loan at once if:
1. An installment is not paid within 30 days after it is due;
2. The recipient fails to notify the commissioners, within 30 days, of:
(a) A change of name or of the address of his home or place of practice; or
(b) The termination of his education or completion of his internship for which he receives the loan; or
3. The recipient fails to comply with any other requirement or perform any other obligation he is required to perform pursuant to any agreement under the program.
Sec. 4. A recipient of a loan or a stipend under the program of the Western Interstate Compact for Higher Education shall comply with the regulations adopted by the commission or the three commissioners from the State of Nevada. If he fails so to comply, the three commissioners from the State of Nevada, acting jointly, may:
1. For each infraction, impose a fine of not more than $200 against any recipient in any academic year, and may deny additional money to any student who fails to pay the fine when due;
2. Increase the portion of any future loan to be repaid by the recipient;
3. Extend the time a recipient is required to practice his profession to repay his stipend; and
4. Expel him from the program.
Sec. 5. The three commissioners from the State of Nevada, acting jointly, may require:
κ1985 Statutes of Nevada, Page 848 (CHAPTER 279, SB 132)κ
1. A student to acquire, as security for a stipend or student loan, insurance on his life and on his health or against his disability, or both.
2. That a financially responsible person agree to be jointly liable with the recipient for the repayment of the loan or stipend.
Sec. 6. 1. The three commissioners from the State of Nevada, acting jointly, may, after receiving a written application stating the reasons therefor, reduce the period of required practice for the repayment of a stipend under NRS 397.065 if the applicant:
(a) Has had at least 1 continuous year of practice of his profession in this state, and practices his profession in a rural area of this state. The applicants practice in the rural area must be equal to at least half of the total time spent by the applicant in his professional practice, and not less than 20 hours per week.
(b) Practices his profession as a full-time employee of the State of Nevada and has been employed by the state for at least 1 continuous year immediately before his application.
2. Any claim as to practice must be verified.
Sec. 7. 1. The three commissioners from the State of Nevada, acting jointly, may after receiving an application stating the reasons therefor, grant an extension of the period for the repayment of a loan or a stipend under the program in case of hardship arising out of the individual circumstances of a recipient. The extension must be for a period that will reasonably alleviate that hardship.
2. Applications for extensions must be filed within the time prescribed by regulation of the three commissioners from the State of Nevada, acting jointly.
Sec. 8. A person obligated to repay a student loan may, as determined by the three commissioners from the State of Nevada, acting jointly, receive credit towards payment of the loan for professional services provided without compensation to the state or any of its political subdivisions.
Sec. 9. 1. There is hereby created an account in the state general fund entitled the Western Interstate Commission for Higher Educations account for miscellaneous expenses. Any money received by the three commissioners from the State of Nevada as the proceeds of any penalty or appropriated or authorized for the purposes of this section must be deposited in this account.
2. The three commissioners from the State of Nevada, acting jointly, shall administer the account and the money in the account must be used to:
(a) Pay miscellaneous expenses incurred in administering the Western Interstate Commission for Higher Educations fund for student loans; and
(b) Pay expenses incurred in collecting money due the state from a student loan or a stipend granted from the Western Interstate Commission for Higher Educations fund for student loans.
κ1985 Statutes of Nevada, Page 849 (CHAPTER 279, SB 132)κ
Sec. 10. NRS 397.060 is hereby amended to read as follows:
397.060 The three commissioners from the State of Nevada, acting jointly, shall:
1. Choose from among Nevada residents who apply, and have at least 1 years [prior] residence in this state [,] immediately before applying for the program, those most qualified for contract places; and
2. Certify them to receiving institutions.
Sec. 11. NRS 397.063 is hereby amended to read as follows:
397.063 1. All contributions from students must be accounted for in the Western Interstate Commission for Higher [Education student loan fund] Educations fund for student loans which is hereby created as a trust fund.
2. The three commissioners from the State of Nevada, acting jointly, shall administer the fund and the money in the fund must be used solely to provide:
(a) Loans to; and
(b) Contractual arrangements for educational services and facilities for,
residents of Nevada who are certified to attend graduate or professional schools in accordance with the provisions of the Western Regional Higher Education Compact.
3. Loans from the Western Interstate Commission for Higher [Education student loan fund] Educations fund for student loans, before July 1, 1985, and loans made to students classified as continuing students before July 1, 1985, must be made upon the following terms:
(a) All student loans must bear interest at 5 percent per annum from the date when the student receives the loan.
(b) Each student receiving a loan must repay the loan with interest following the termination of his education or completion of his internship in accordance with the following schedule:
(1) Within 5 years for loans which total less than $10,000.
(2) Within 8 years for loans which total $10,000 or more but less than $20,000.
(3) Within 10 years for loans which total $20,000 or more.
(c) No student loan may exceed 50 percent of the student fees for any academic year.
Sec. 12. NRS 397.065 is hereby amended to read as follows:
397.065 1. Except as provided in subsection 2, each student entering the Western Regional Higher Education Compact program after April 23, 1977, must repay all state contributions for stipends which he receives from the Western Interstate Commission for Higher Education unless he practices , in Nevada, the profession which he was certified to study [for a period of 3 years in Nevada] :
(a) For 3 years, if he entered the program before July 1, 1985; or
(b) For 1 year for each academic year he receives a stipend, if he enters the program after June 30, 1985; or
(c) For 1 year for each 9 months he receives a stipend, if he enters the program after June 30, 1985, and is enrolled in an accelerated program that provides more than 1 academic year of graduate and professional education in 9 months,
κ1985 Statutes of Nevada, Page 850 (CHAPTER 279, SB 132)κ
the program after June 30, 1985, and is enrolled in an accelerated program that provides more than 1 academic year of graduate and professional education in 9 months,
within 5 years after the completion or termination of his education, internship or residency [, whichever terminates later.] for which he receives the stipend.
2. The three commissioners from the State of Nevada, acting jointly, may adopt regulations which:
(a) Reduce the [3-year] period of required practice for persons who practice their professions in rural areas of this state or as employees of this state.
(b) Extend the time for completing the required practice beyond 5 years for persons who are [obligated to serve periods of service as repayment for scholarships.] granted extensions because of hardship.
3. Stipends granted before July 1, 1985, and stipends granted to students classified as continuing students before July 1, 1985, must be repaid within the same [time] period established for [loan repayments] the repayment of loans in NRS 397.063. Stipends granted before July 1, 1985, and stipends granted to students classified as continuing students before July 1, 1985, do not bear interest.
4. Stipends granted to students entering the program on or after July 1, 1985, must be repaid in the same manner, within the same period and at the same rate of interest established for the repayment of loans in section 2 of this act.
5. If the period for the required practice is only partially completed, the commission may give credit towards repayment of the stipend for the time the person practiced his profession as required.
________
Senate Bill No. 358Commmittee on Legislative Affairs and Operations
CHAPTER 280
AN ACT relating to the legislative auditor; revising his duties; providing for confidentiality of his working papers; and providing other matters properly relating thereto.
[Approved May 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.610 is hereby amended to read as follows:
218.610 As used in NRS 218.610 to 218.893, inclusive, [state departments means all state] agency of the state includes all offices, departments, boards, commissions [, institutions, or agencies,] or institutions of the state, and the state industrial insurance system.
Sec. 2. NRS 218.686 is hereby amended to read as follows:
218.686 1. The fiscal analysis division consists of the senate fiscal analyst, the assembly fiscal analyst and such additional staff as the performance of their duties may require.
κ1985 Statutes of Nevada, Page 851 (CHAPTER 280, SB 358)κ
2. The fiscal analysis division shall:
(a) Thoroughly examine all [departments] agencies of the state [government] with special regard to their activities and the duplication of efforts between [departments.] them.
(b) Recommend to the legislature any suggested changes looking toward economy and the elimination of inefficiency in government.
(c) Ascertain facts and make recommendations to the legislature concerning the [state] budget of the state and the estimates of the expenditure requirements of the [state departments.] agencies of the state.
(d) Make projections of future public revenues for the use of the legislature.
(e) Analyze the [past] history and probable future trend of the states financial position in order that a sound fiscal policy may be developed and maintained for the State of Nevada.
(f) Analyze appropriation bills, revenue bills, and bills having a fiscal impact upon the operation of the government of the State of Nevada or its political subdivisions.
(g) Advise the legislature and the members and committees thereof regarding matters of a fiscal nature.
(h) Perform such other functions as may be assigned to the fiscal analysis division by the legislature, the legislative commission or the director of the legislative counsel bureau.
Sec. 3. NRS 218.767 is hereby amended to read as follows:
218.767 [1.] The intent of NRS 218.740 to [218.890,] 218.893, inclusive, is to provide for the impartial postauditing of each agency of the state [government for the purpose of furnishing] to furnish the legislature with factual information necessary to the discharge of its constitutional duties and by which it may exercise its valid powers.
[2. The legislature finds that:
(a) Adequate information is not readily available for each session through which the members of the legislature can determine the needs of the various agencies and departments of the state government, and the postauditing of each agency will furnish necessary information.
(b) The legislative session is not adequate time in which to audit each agency and the size and scope of government activity has grown to such an extent in recent years that auditing is a continuing process.
(c) The Federal Government, in an increasing number of cases, is requiring legislative audit and review of state agencies in their handling and use of federal grants of money as a condition of such grants.]
Sec. 4. NRS 218.770 is hereby amended to read as follows:
218.770 [The powers and duties of the legislative auditor are:
1. To perform]
1. The legislative auditor shall:
(a) Perform postaudits as provided by law [.
2. To establish] ;
(b) Establish procedures, methods and standards of auditing [and accounting] for the audit division [.
κ1985 Statutes of Nevada, Page 852 (CHAPTER 280, SB 358)κ
3.] ; and
(c) Recommend to the legislature the enactment or amendment of statutes based upon the results of the postaudit.
2. The legislative auditor may:
(a) Within budgetary limitations, [to] contract for the services of consultants or other professional or technical personnel as his duty to perform postaudits may require, or to conduct a review of the operation of his office, and [to] fix their fees in an amount which is reasonable and customary for such services [.
4.] ; and
(b) With the approval of the legislative commission, [to] contract with federal agencies or state departments to perform audits required by federal or state law, if the division may be reimbursed for such audits. Any money received by the division for such audits [shall] must be deposited in the state treasury to the credit of the legislative fund.
[5. To recommend to the legislature the enactment or amendment of statutes based upon the results of the performance of his postaudit duties.]
3. A postaudit must be conducted in accordance with generally accepted standards for governmental and other audits.
Sec. 5. NRS 218.775 is hereby amended to read as follows:
218.775 1. The legislative auditor shall perform a postaudit of all accounts, funds and other financial records of all agencies of the state [departments] to determine one or any combination of the following:
(a) Whether the financial statements of the audited agency comply with generally accepted principles of accounting.
(b) The honesty and integrity of fiscal affairs, the accuracy and reliability of financial statements and reports, and the [adequacy and effectiveness of financial controls to record properly and safeguard the acquisition, custody and use of public money.
(b)] effectiveness of the system of internal financial control of the audited agency.
(c) Compliance with all applicable laws and regulations.
[(c)] (d) Whether the operations of the agency of the state [department] have been conducted in accordance with its contractual obligations.
[(d)] (e) Whether control by management [control] and the system of information [systems] provide an adequate and efficient system of records and accounting.
2. Every officer and employee of [a state department] an agency of the state shall aid and assist the legislative auditor at such times as he requires in the inspection, examination and audit of any books, accounts and records in their possession.
Sec. 6. NRS 218.780 is hereby amended to read as follows:
218.780 1. Except as provided in subsection 2, upon the request of the legislative auditor or his authorized representative, all officers and employees of the agencies of the state [departments] shall make available [and accessible] to the legislative auditor all their books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, necessary, irrespective of their form or location in performing authorized audits or investigations.
κ1985 Statutes of Nevada, Page 853 (CHAPTER 280, SB 358)κ
available [and accessible] to the legislative auditor all their books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, necessary, irrespective of their form or location in performing authorized audits or investigations.
2. This section shall not authorize the legislative auditor or his authorized representative to have access to any books, accounts, claims, reports, vouchers or other records or information of any business or activity to which NRS 665.055, 665.085 and 668.085 apply.
Sec. 7. NRS 218.820 is hereby amended to read as follows:
218.820 The state controller or [any other elective state officer, any board or commission provided for by the laws of the state,] the head of any [department in] agency of the state, and any employee or agent thereof, acting by, for or on account of such [office, board, commission] agency or officer receiving, paying or otherwise controlling any public money in the State of Nevada, in whole or in part, whether the money is provided by the State of Nevada, received from the Federal Government of the United States or any branch, bureau or agency thereof, or received from private or other source, shall submit to the legislative auditor, upon his request, the appropriate financial statement [or statements] prepared pursuant to generally accepted accounting principles for the period designated by the legislative auditor.
Sec. 8. NRS 218.821 is hereby amended to read as follows:
218.821 1. The legislative auditor or his designated representative shall furnish a copy of the preliminary [audit] report of the audit to the head of the [state department] audited agency and discuss the report with him. The head of the [state department may] agency shall submit to the legislative auditor, within 10 days after the discussion, his written statement of explanation or rebuttal concerning any of the findings, and the legislative auditor shall include in the final report the officers explanation or rebuttal to any of the findings contained in the final report.
2. When the legislature is in session the legislative auditor shall notify the chairman of the legislative commission or the chairman of the audit subcommittee, immediately following this 10-day period, that an audit report is ready for presentation to the legislative commission.
3. If, within 5 days after notification, the chairman of the legislative commission does not call a meeting of the commission or the chairman of the audit subcommittee does not call a meeting of the subcommittee, the legislative auditor shall distribute his report and any statement received from the agency to each member of the legislature.
Sec. 9. NRS 218.825 is hereby amended to read as follows:
218.825 1. Each of the boards and commissions created by the provisions of chapters 623 to 625, inclusive, chapters 628 to 644, inclusive, and chapters 654 and 656 of NRS shall engage the services of a certified public accountant or public accountant, or firm of either of such accountants, to audit all of its fiscal records once each year for the preceding fiscal year or once every other year for the 2 preceding fiscal years The cost of the audit must be paid by the board or commission audited.
κ1985 Statutes of Nevada, Page 854 (CHAPTER 280, SB 358)κ
fiscal years The cost of the audit must be paid by the board or commission audited.
2. A report of each such audit must be filed by the [accountant] board or commission with the legislative auditor and the director of the budget on or before December 1 of each year in which an audit is conducted. All audits must be conducted in accordance with generally accepted auditing standards and all financial statements must be prepared in accordance with generally accepted principles of accounting [principles] for special revenue funds.
3. The legislative auditor shall audit the fiscal records of any such board or commission whenever directed to do so by the legislative commission. When the legislative commission directs such an audit, it shall also determine who is to pay the cost of the audit.
Sec. 10. NRS 218.830 is hereby amended to read as follows:
218.830 1. The legislative auditor shall prepare a biennial report for the governor and members of the legislature, [which shall be submitted prior to] and submit the report before December 31 of each even-numbered year. Copies of the report [shall] must be filed in the office of the secretary of state.
2. The biennial report [shall] must contain, among other things:
(a) Copies of, or the substance of, reports made to the various agencies of the state [departments, as well as] and a summary of changes made in the system of accounts and records thereof.
(b) Specific recommendations to the legislature for the amendment of existing laws or the enactment of new laws designed to improve the functioning of [various departments of the state government.] the agencies of the state.
Sec. 11. NRS 218.850 is hereby amended to read as follows:
218.850 1. Each of the audits provided for in this chapter [shall] must be made and concluded as directed by the legislative commission and in accordance with the terms of NRS 218.740 to [218.890,] 218.893, inclusive.
2. The legislative commission shall direct the legislative auditor to make any special audit or investigation that in its judgment is proper and necessary to carry out the purpose of this chapter or to assist the legislature in the proper discharge of its duties.
Sec. 12. NRS 218.870 is hereby amended to read as follows:
218.870 1. The legislative auditor shall keep or cause to be kept a complete file of copies of all [audit reports,] reports of audits, examinations, investigations and all other reports or releases issued by him.
2. All working papers from an audit are confidential and may be destroyed by the legislative auditor 5 years after the report is issued, except that the legislative auditor:
(a) Shall release such working papers when subpenaed by a court; or
(b) May make such working papers available for inspection by an authorized representative of any other governmental entity for a matter officially before him or by any other person authorized by the legislative commission.
κ1985 Statutes of Nevada, Page 855 (CHAPTER 280, SB 358)κ
Sec. 13. NRS 218.880 is hereby amended to read as follows:
218.880 1. If the legislative auditor finds, in the course of his audit, evidence of improper practices of financial administration or inadequacy of fiscal records, he shall report these practices immediately to the governor, [the legislative commission,] each member of the legislature and the [department head or heads] head of the agency affected.
2. If the legislative auditor finds evidence of illegal transactions, he shall forthwith report these transactions to the governor, each member of the legislature and the attorney general.
________
Senate Bill No. 384Committee on Human Resources and Facilities
CHAPTER 281
AN ACT relating to welfare; providing certain administrative procedures for contested cases involving public assistance or food stamps and judicial review of those cases; and providing other matters properly relating thereto.
[Approved May 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. At any hearing held pursuant to the provisions of subsection 2 of NRS 422.294, opportunity must be afforded all parties to respond and present evidence and argument on all issues involved.
2. Unless precluded by law, informal disposition may be made of any hearing by stipulation, agreed settlement, consent order or default.
3. The record of a hearing must include:
(a) All pleadings, motions and intermediate rulings.
(b) Evidence received or considered.
(c) Questions and offers of proof and objections, and rulings thereon.
(d) Any decision, opinion or report by the hearing officer presiding at the hearing.
4. Oral proceedings, or any part thereof, must be transcribed on request of any party seeking judicial review of the decision.
5. Findings of fact must be based exclusively on substantial evidence.
6. Any employee or other representative of the welfare division who investigated or made the initial decision to deny, modify or cancel a grant of public assistance or food stamps shall not participate in the making of any decision made pursuant to the hearing.
Sec. 3. In any hearing held pursuant to the provisions of subsection 2 of NRS 422.294:
1. Irrelevant, immaterial or unduly repetitious evidence must be excluded.
κ1985 Statutes of Nevada, Page 856 (CHAPTER 281, SB 384)κ
excluded. Unless privileged under chapter 49 of NRS, evidence, including hearsay, may be admitted, if it is of a type commonly relied upon by reasonable and prudent men in the conduct of their affairs. Objections to evidentiary offers may be made. Subject to these requirements, if a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.
2. Documentary evidence may be received in the form of copies or excerpts. Upon request, parties must be given an opportunity to compare the copy with the original.
3. Each party may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any matter relevant to the issues even though the matter was not covered in the direct examination, impeach any witness regardless of which party first called him to testify, and rebut the evidence against him.
Sec. 4. 1. A decision or order adverse to an applicant for or recipient of public assistance or food stamps must be in writing. A final decision must include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory or regulatory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. A copy of the decision or order must be delivered by certified mail forthwith to each party and to his attorney or other representative.
2. A person aggrieved by the final decision of the welfare division with respect to public assistance or food stamps may, at any time within 90 days after the date on which the written notice of the decision is mailed, petition the district court of the judicial district in which he resides to review the decision. The district court shall review the decision on the record of the case before the welfare division, a copy of which must be certified as correct by the administrator and filed by the welfare division with the clerk of the court as part of its answer to any such petition for review.
Sec. 5. 1. Before the date set by the court for hearing, an application may be made to the court by motion, with notice to the opposing party and an opportunity for that party to respond, for leave to present additional evidence. If it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the welfare division, the court may order that the additional evidence be taken before the welfare division upon conditions determined by the court. The welfare division may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court.
2. The review must be conducted by the court without a jury and must be confined to the record. In cases of alleged irregularities in procedure before the welfare division, not shown in the record, proof thereon may be taken in the court. The court, at the request of either party, shall hear oral argument and receive written briefs.
κ1985 Statutes of Nevada, Page 857 (CHAPTER 281, SB 384)κ
3. The court shall not substitute its judgment for that of the welfare division as to the weight of the evidence on questions of fact. The court may affirm the decision of the welfare division or remand the case for further proceedings. The court may reverse the decision and remand the case to the division for further proceedings if substantial rights of the appellant have been prejudiced because the welfare divisions findings, inferences, conclusions or decisions are:
(a) In violation of constitutional, regulatory or statutory provisions;
(b) In excess of the statutory authority of the welfare division;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
4. An aggrieved party may obtain review of any final judgment of the district court by appeal to the supreme court. The appeal must be taken in the manner provided for civil cases.
Sec. 6. NRS 422.294 is hereby amended to read as follows:
422.294 1. [If] Subject to the provisions of subsection 2, if an application for public assistance , or for food stamps issued pursuant to 7 U.S.C. §§ 2011 et seq., is not acted upon by the welfare division within a reasonable time after the filing of the application, or is denied in whole or in part, or if any grant of assistance or food stamps is modified or canceled, or if an applicant for or recipient of public assistance or food stamps is dissatisfied with any other action or failure to act on the part of the welfare division with respect to his case, the applicant or recipient may appeal to the welfare division and may be represented in the appeal by counsel [.] or other representative of his choice.
2. Upon the initial decision to deny, modify or cancel public assistance or food stamps, the welfare division shall notify that applicant or recipient of its decision, the regulations involved and of his right to request a hearing within a certain period. If a request for a hearing is received within that period, the welfare division shall notify that person of the time, place and nature of the hearing. The welfare division shall provide an opportunity for a fair hearing of [such persons] that appeal and shall review his case in all matters with respect to which he is dissatisfied.
[3. A person aggrieved by the final decision of the welfare division with respect to his public assistance case may, at any time within 90 days after the mailing to him, by certified mail, of written notice of the decision, petition the district court of the judicial district in which he resides to review the decision and the district court may review the decision on the record of the case before the welfare division, a copy of which must be certified as correct by the administrator and filed by the welfare division with the clerk of the court as part of its answer to any such petition for review.
κ1985 Statutes of Nevada, Page 858 (CHAPTER 281, SB 384)κ
such petition for review. The district court shall either affirm the decision of the welfare division, or, if it concludes that the findings of the welfare division are not supported by evidence or that the welfare divisions decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the welfare division for further proceedings in conformity with the decision of the court.]
________
Senate Bill No. 309Committee on Judiciary
CHAPTER 282
AN ACT relating to judicial officers; removing obsolete provisions concerning retirement; and providing other matters properly relating thereto.
[Approved May 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 2.060 is hereby amended to read as follows:
2.060 1. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 20 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to two-thirds the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
2. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 10 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to one-fourth the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
3. Any justice of the supreme court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 10 years up to a maximum of 20 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.
4. Any justice who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 20 years service for the maximum pension based upon the time he actually spends in the additional active service.
5. Any justice who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the public employees retirement system.
κ1985 Statutes of Nevada, Page 859 (CHAPTER 282, SB 309)κ
subsection must be reduced in the same manner as benefits are reduced for persons retired under the public employees retirement system.
6. Any person receiving a pension pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired under the public employees retirement system.
7. Any justice who desires to [resign pursuant to the terms] receive the benefits of this section [must do so by notice in writing to the governor, and] must file [forthwith] with the state controller and the state treasurer an affidavit setting forth the fact [of his resignation,] that he is ending his service, the date and place of his birth, and the years he has served in any district court or the supreme court.
8. Upon such [a registration] notice and filing of the affidavit, the state controller shall draw his warrant, payable to the justice who has thus [resigned,] ended his service, upon the state treasurer for the sum due to him, and the state treasurer shall pay the sum out of funds provided by direct legislative appropriation.
9. The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have [resigned] ended his service pursuant to it.
Sec. 2. NRS 3.090 is hereby amended to read as follows:
3.090 1. Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 20 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to two-thirds the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
2. Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 10 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to one-fourth the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.
3. Any judge of the district court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 10 years up to a maximum of 20 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.
4. Any judge who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 20 years service for the maximum pension based upon the time he actually spends in the additional active service.
κ1985 Statutes of Nevada, Page 860 (CHAPTER 282, SB 309)κ
5. Any district judge who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A retirement benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the public employees retirement system.
6. Any person receiving a pension pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired in the public employees retirement system.
7. Any judge of the district court who desires to [resign pursuant to the terms] receive the benefits of this section [must do so by notice in writing to the governor, and] must file [forthwith] with the state controller and the state treasurer an affidavit setting forth the fact [of his resignation,] that he is ending his service, the date and place of his birth, and the years he has served in any district court or the supreme court.
8. Upon such [a resignation] notice and filing of the affidavit, the state controller shall draw his warrant, payable to the judge who has thus [resigned,] ended his service, upon the state treasurer for the sum due to him, and the state treasurer shall pay the sum out of funds provided by direct legislative appropriation.
9. The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any judge of the district court who may have [resigned] ended his service pursuant to it.
Sec. 3. The provisions of sections 1 and 2 of this act apply to any justice of the supreme court or judge of the district court who ended his service without formally resigning before the effective date of this act and is otherwise eligible for a pension under those sections.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 97Committee on Taxation
CHAPTER 283
AN ACT relating to taxation; expanding the acceptable documentation of eligibility for a disabled veterans exemption; clarifying an exemption from the real property transfer tax regarding corporate transfers; and providing other matters properly relating thereto.
[Approved May 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.091 is hereby amended to read as follows:
361.091 1. An actual bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his surviving spouse, is entitled to a disabled veterans exemption.
κ1985 Statutes of Nevada, Page 861 (CHAPTER 283, AB 97)κ
honorably discharged from the Armed Forces of the United States, or his surviving spouse, is entitled to a disabled veterans exemption.
2. The amount of exemption is based on the total percentage of permanent service-connected disability. The maximum allowable exemption for total permanent disability is the first $10,000 assessed valuation. A person with a permanent service- connected disability of:
(a) Eighty to 99 percent, inclusive, is entitled to an exemption of $7,500 assessed value.
(b) Sixty to 79 percent, inclusive, is entitled to an exemption of $5,000 assessed value.
For the purposes of this section, any property in which an applicant has any interest is deemed to be the property of the applicant.
3. The exemption may be allowed only to a claimant who has made an affidavit annually, on or before August 1 of the year preceding the year for which the tax is levied, for the purpose of being exempt on the tax roll; but the affidavit may be made at any time by a person claiming exemption from taxation on personal property.
4. The affidavit must be made before the county assessor or a notary public and be submitted to the county assessor. It must be to the effect that the affiant is an actual bona fide resident of the State of Nevada, that he meets all the other requirements of subsection 1, and that he does not claim the exemption in any other county within this state.
5. Before allowing any exemption pursuant to the provisions of this section, the county assessor shall require proof of the applicants status, and for that purpose shall require him to produce an original or certified copy of:
(a) An honorable discharge or other document of honorable separation from the Armed Forces of the United States which indicates the total percentage of his permanent service-connected disability;
(b) A certificate of satisfactory service which indicates the total percentage of his permanent service-connected disability; or
(c) A certificate from the Veterans Administration or any other military document which shows that he has incurred a permanent service-connected disability and which indicates the total percentage of that disability, together with a certificate of honorable discharge or satisfactory service.
6. A surviving spouse claiming an exemption pursuant to this section must file with the county assessor an affidavit declaring that:
(a) The surviving spouse was married to and living with the disabled veteran for the 5 years preceding his death;
(b) The disabled veteran was eligible for the exemption at the time of his death; and
(c) The surviving spouse has not remarried.
The affidavit required by this subsection is in addition to the certification required pursuant to subsections 4 and 5.
7. If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 361.090.
8. If any person makes a false affidavit or produces false proof to the county assessor or a notary public, and as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.
κ1985 Statutes of Nevada, Page 862 (CHAPTER 283, AB 97)κ
the county assessor or a notary public, and as a result of the false affidavit or false proof, the person is allowed a tax exemption to which he is not entitled, he is guilty of a gross misdemeanor.
Sec. 2. NRS 375.090 is hereby amended to read as follows:
375.090 The tax imposed by NRS 375.020 does not apply to:
1. Any transaction wherein an interest in real property is encumbered for the purposes of securing a debt.
2. A transfer of title to or from the United States, any territory or state or any agency, department, instrumentality or political subdivision thereof.
3. A transfer of title recognizing the true status of ownership of the real property.
4. A transfer of title without consideration from one joint tenant or tenant in common to one or more remaining joint tenants or tenants in common.
5. A transfer of title to community property without consideration when held in the name of one spouse to both spouses as joint tenants or tenants in common, or as community property.
6. A transfer of title between spouses, including gifts.
7. A transfer of title between spouses to effect a property settlement agreement or between former spouses in compliance with a decree of divorce.
8. A transfer of title by spouses without consideration to an inter vivos trust.
9. Transfers, assignments or conveyances of unpatented mines or mining claims.
10. The making, delivery or filing of conveyances of real property to make effective any plan of reorganization or adjustment:
(a) Confirmed under the Bankruptcy Act, as amended, 11 U.S.C.;
(b) Approved in an equity receivership proceeding involving a railroad corporation, as defined in section 77 of the Bankruptcy Act, 11 U.S.C. § 205;
(c) Approved in an equity receivership proceeding involving a corporation, as defined in section 106 of the Bankruptcy Act, 11 U.S.C. § 506; or
(d) Whereby a mere change in identity, form or place of organization is effected, such as a transfer between a corporation and its parent corporation, a subsidiary or an affiliated corporation,
if the making, delivery or filing of instruments of transfer or conveyance occurs within 5 years [from] after the date of [such] the confirmation, approval or change.
11. The making or delivery of conveyances of real property to make effective any order of the Securities and Exchange Commission if:
(a) The order of the Securities and Exchange Commission in obedience to which [such] the transfer or conveyance is made recites that [such] the transfer or conveyance is necessary or appropriate to effectuate the provisions of section 11 of the Public Utility Holding Company Act of 1935, 15 U.S.C. § 79k;
κ1985 Statutes of Nevada, Page 863 (CHAPTER 283, AB 97)κ
(b) [Such] The order specifies and itemizes the property which is ordered to be transferred or conveyed; and
(c) [Such] The transfer or conveyance is made in obedience to [such] the order.
________
Assembly Bill No. 110Committee on Labor and Management
CHAPTER 284
AN ACT relating to industrial insurance; making insurers files available for inspection by the administrator of the division of industrial insurance regulation; expanding the duties of the administrator; clarifying the provisions of the law concerning the payment of the costs of administering the program of workmens compensation; and providing other matters properly relating thereto.
[Approved May 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.193 is hereby amended to read as follows:
616.193 1. The insurer must provide access to the files of claims in its offices.
2. A file is available for inspection during regular business hours by the employee or his designated agent , [and] the employer [and] or his designated agent [.] and the administrator or his designated agent.
3. Upon request, the insurer must make copies of anything in the file and may charge a reasonable fee for this service. Copies of materials in the file which are requested by the administrator or his designated agent must be provided free of charge.
4. Until a claim is closed the file must be kept in the office nearest to the place where the injury occurred.
5. [The] If a claim has been closed for at least 1 year, the insurer may microphotograph or film any of its records [.] relating to that claim. The microphotographs or films must be placed in convenient and accessible files, and provision must be made for preserving, examining and using the records.
Sec. 2. NRS 616.220 is hereby amended to read as follows:
616.220 The administrator shall:
1. Prescribe by regulation the time within which adjudications and awards must be made.
2. Regulate forms of notices, claims and other blank forms deemed proper and advisable.
3. Prescribe by regulation the methods by which [the staff of] an insurer may approve or reject claims, and may determine the amount and nature of benefits payable in connection therewith. Every such approval, rejection and determination is subject to review by a hearing officer.
κ1985 Statutes of Nevada, Page 864 (CHAPTER 284, AB 110)κ
4. Provide by regulation for adequate notice to each claimant of his right:
(a) To review by a hearing officer of any determination or rejection by the [staff.] insurer.
(b) To judicial review of any final decision.
5. Prescribe by regulation the criteria by which an insurer who orders rehabilitative services for an injured worker must provide those services.
6. Prescribe by regulation the method for reimbursing an injured worker for expenses necessarily incurred for travel more than 20 miles one way from his residence or place of employment to his destination as a result of an industrial injury.
Sec. 3. NRS 616.5416 is hereby amended to read as follows:
616.5416 1. The hearing officer shall, within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his receipt of the request.
2. The hearing officer shall give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled.
3. If necessary to resolve a medical question concerning an injured employees condition, the hearing officer may refer the employee to a physician chosen by the hearing officer. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a physician designated by the administrator. The insurer shall pay the costs of any medical examination requested by the hearing officer.
4. The hearing officer shall prepare written findings of facts and render his decision within 15 days after:
(a) The hearing; or
(b) He receives a copy of the report from the medical examination he requested.
5. The hearing officer shall give notice of his decision to each party by mail. He must include with the notice of his decision the necessary forms for appealing from the decision.
6. The decision of the hearing officer is not stayed if an appeal from that decision is taken unless a stay is granted by the hearing officer or an appeals officer within 30 days after the date on which the decision was rendered.
Sec. 4. NRS 616.647 is hereby amended to read as follows:
616.647 1. [The administrator may impose an administrative fine, not to exceed $500 for each violation, if the insurer or employer intentionally or repeatedly:
(a) Induces] If the administrator has reason to believe that an insurer or employer has:
(a) Induced a claimant for compensation to fail to report an accidental injury or occupational disease [.
(b) Persuades] ;
κ1985 Statutes of Nevada, Page 865 (CHAPTER 284, AB 110)κ
(b) Persuaded a claimant to settle for an amount which is less than reasonable [.
(c) Persuades] ;
(c) Persuaded a claimant to settle for an amount which is less than reasonable while a hearing or an appeal is pending [.
(d) Persuades] ;
(d) Persuaded a claimant to accept less than the compensation found to be due him [.
(e) Refuses] by a hearing officer or appeals officer;
(e) Refused to pay or [delays] unreasonably delayed payment to a claimant of compensation found to be due him [.
(f) Makes] by a hearing officer or appeals officer;
(f) Made it necessary for a claimant to resort to proceedings against the employer or insurer for compensation found to be due him [.
(g) Fails] by a hearing officer or appeals officer;
(g) Intentionally or repeatedly failed to comply with department regulations for the acceptance and rejection of claims, determination and calculation of a claimants average monthly wage, determination and payment of compensation, delivery of accident benefits and reporting relating to these matters [.
(h) Fails] ; or
(h) Failed to comply with the departments regulations covering the payment of an assessment relating to the funding of costs of administration of this chapter and chapter 617 of NRS , [.
2. If the employer requests a hearing concerning the fine imposed pursuant to subsection 1,]
the administrator shall set a date for a hearing . [within 20] The date must be no sooner than 30 days after [receiving the appeal request, and shall give the employer at least 10 business days] notice is served upon the insurer or employer of the alleged action and the time and place of the hearing.
2. If, after an evidentiary hearing, the administrator determines that the insurer or employer has committed the alleged act, the administrator may impose an administrative fine not to exceed $500 for each such action.
3. A record of the hearing must be kept but it need not be transcribed unless it is requested by the insurer or employer and he pays the cost of transcription.
4. [Within 5 business days after the hearing, the administrator shall either affirm or disaffirm the fine and give the employer written notice thereof by certified mail.
5.] Two or more fines of $500 levied by the administrator in 1 year for [violations] acts enumerated in subsection 1 must be considered by the commissioner as evidence for the possible revocation of a certificate of self-insurance.
[6.] 5. The commissioner may withdraw the certification of a self-insured employer if, after a hearing, it is shown that the self-insured employer committed any of the [violations] acts enumerated in subsection 1.
κ1985 Statutes of Nevada, Page 866 (CHAPTER 284, AB 110)κ
employer committed any of the [violations] acts enumerated in subsection 1.
Sec. 5. NRS 618.235 is hereby amended to read as follows:
618.235 1. The division must be administered by the department.
2. A decision on any question arising under the provisions of this chapter must be the decision of the administrator, subject to review by the department.
[3. All employers shall assume a share of the costs of administering the division which will be based on the premium rate charged each employer for industrial insurance.]
Sec. 6. NRS 232.650 is hereby amended to read as follows:
232.650 The director may employ [, within the limits of legislative appropriations,] such staff as is necessary for the performance of his duties.
Sec. 7. NRS 232.680 is hereby amended to read as follows:
232.680 1. The cost of carrying out the provisions of NRS 232.550 to 232.700, inclusive, and of supporting the department and its various divisions must be paid from assessments payable by each insurer based upon expected annual expenditures for claims. The department must adopt regulations which establish formulas of assessment which result in an equitable distribution of costs among the insurers.
2. [The appropriation from the state general fund must defray the costs of the office and staff of the director.
3.] Federal grants may partially defray the costs of:
(a) The division of occupational safety and health;
(b) The division of mine inspection; and
(c) Any other division as may be appropriate.
[4.] 3. Assessments made against insurers by the department after the adoption of regulations must be used to defray all costs and expenses of administering the [workers compensation program,] program of workmens compensation, including the payment of:
(a) All salaries and other expenses in administering the division of industrial insurance regulation, the division of administrative services, the division of occupational safety and health and the division of mine inspection [.] , including the costs of the office and staff of the director.
(b) All salaries and other expenses of administering NRS 616.253 to 616.2539, inclusive, the offices of the hearings division of the department of administration and the programs of self-insurance and review of premium rates by the commissioner of insurance.
(c) Claims against uninsured employers arising from compliance with NRS 616.377.
Sec. 8. Section 3 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 867κ
Senate Bill No. 162Committee on Commerce and Labor
CHAPTER 285
AN ACT relating to drugs administered parenterally; restricting the sale or dispensing of these drugs; regulating their handling, preparation and delivery; and providing other matters properly relating thereto.
[Approved May 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Parenteral solutions or parenterals means those prescription drugs which are administered into the human body by injection under or through one or more layers of skin or mucous membrane.
Sec. 3. A parenteral solution which is utilized by a patient in his home or in a health and care facility, other than a hospital as defined in NRS 449.012, may only be sold or dispensed:
1. By a registered pharmacist or a practitioner;
2. If the date of expiration is on its label; and
3. If a practitioner, registered pharmacist or a registered nurse is available at all times for immediate assistance to the patient in case of any pharmaceutical problems encountered in its use.
Sec. 4. 1. Any parenteral which needs to be compounded in this state before distribution for use in a home or a health and care facility, other than a hospital as defined in NRS 449.012, must be compounded, packaged and labeled:
(a) By a registered pharmacist in a pharmacy licensed in this state, if those services are readily available. The pharmacy shall ensure that the parenterals are delivered to the patient and are not available for use after the date of expiration.
(b) Pursuant to regulations adopted by the board if those services are not so readily available.
2. In order to maintain the stability of parenteral solutions and to prevent their contamination and that of the personnel of the pharmacy, the board shall adopt regulations, to include:
(a) The procedures for the compounding, packaging, replacement and disposal of parenteral solutions;
(b) The conditions under which these solutions must be prepared, stored and delivered;
(c) The equipment required for the preparation, sterilization and storage of these solutions and the maintenance and cleaning of this equipment; and
(d) The procedures for the proper disposal of any material used in the preparation of these solutions.
κ1985 Statutes of Nevada, Page 868 (CHAPTER 285, SB 162)κ
Sec. 5. NRS 639.001 is hereby amended to read as follows:
639.001 As used in this chapter, the words and terms defined in NRS 639.002 to 639.016, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections unless a different meaning clearly appears in the context.
________
Assembly Bill No. 163Committee on Education
CHAPTER 286
AN ACT relating to superintendents of schools; authorizing the state board of education to require the superintendent to hold a masters degree; and providing other matters properly relating thereto.
[Approved May 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 391.110 is hereby amended to read as follows:
391.110 1. The board of trustees of a school district may:
(a) Employ any person certificated for the position of administrator to serve as the superintendent of schools of the school district. [In school districts having 7,000 or more pupils, the superintendent of schools must hold at least] The state board of education may require the superintendent of any school district to hold a masters degree . [in school administration or education.]
(b) Define his powers and fix his duties.
(c) Fix his salary.
2. No superintendent of schools may be employed for more than a term of 1 year unless he has first served 2 years satisfactorily as a certificated teacher or administrator in the school district. If he has served 2 years satisfactorily in the school district as a certificated teacher or administrator he may be employed for a term of not to exceed 4 years.
3. A superintendent of schools may be dismissed at any time for cause.
4. A superintendent of schools may administer oaths or affirmations relating to public schools.
________
κ1985 Statutes of Nevada, Page 869κ
Senate Bill No. 177Senator Glover
CHAPTER 287
AN ACT making an appropriation to Carson City for the states share in the purchase of a new fire engine; and providing other matters properly relating thereto.
[Approved May 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 Carson City the sum of $63,750 for payment of the states share in the purchase of a new fire engine with an aerial ladder.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1986, 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. 415Senator Gibson
CHAPTER 288
AN ACT relating to property tax; exempting the property of an airport which is available for use by the public without charge from property taxes; and providing other matters properly relating thereto.
[Approved May 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The acquisition, improvement or use of land by the public as an airport is a municipal purpose, whether or not the airport is owned or operated by a local government.
2. The real property and improvements of a privately owned airport which are used by the public without charge, including areas used for taking off, landing and taxiing but excluding areas from which income is derived, are exempt from taxation.
________
κ1985 Statutes of Nevada, Page 870κ
Assembly Bill No. 221Committee on Transportation
CHAPTER 289
AN ACT relating to motor carriers; extending the authority for regulation of the transportation of hazardous material and of drivers and vehicles; and providing other matters properly relating thereto.
[Approved May 25, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto a new section to read as follows:
The commission and the department may, by regulation applicable to common, contract and private motor carriers of passengers and property, adopt standards for:
1. Safety for drivers and vehicles; and
2. The transportation of hazardous materials, including hazardous waste as defined in NRS 444.712.
Sec. 2. NRS 706.246 is hereby amended to read as follows:
706.246 1. [The provisions of all laws pertaining to the safe operation of vehicles upon the highways of this state are hereby declared applicable to all vehicles coming within the terms of this chapter.
2.] A common or contract motor carrier shall not permit or require a driver to drive or tow any vehicle revealed by inspection or operation to be in such condition that its operation would be hazardous or likely to result in a breakdown of the vehicle, and a driver shall not drive or tow any vehicle which by reason of its mechanical condition is so imminently hazardous to operate as to be likely to cause an accident or a breakdown of the vehicle. If, while any vehicle is being operated on a highway, it is discovered to be in such an unsafe condition, it may be continued in operation , except as further limited by subsection 2, only to the nearest place where repairs can safely be effected, and even that operation may be conducted only if it is less hazardous to the public than permitting the vehicle to remain on the highway.
[3. Notwithstanding the provisions of this section and NRS 484.697, a]
2. A common or contract motor carrier or private motor carrier [subject to the provisions of subsection 2 of NRS 706.776] shall not permit or require a driver to drive or tow, and a driver shall not drive or tow, any vehicle which [by] :
(a) By reason of its mechanical condition is so imminently hazardous to operate as to be likely to cause an accident or a breakdown [and which vehicle has] ; and
(b) Has been declared out of service by an authorized employee of the commission or the department.
When the repairs have been made, the carrier shall so certify to the commission or the department, whichever agency declared the vehicle out of service, [in accordance with the requirements of] as required by the commission [.]
κ1985 Statutes of Nevada, Page 871 (CHAPTER 289, AB 221)κ
commission or the department, whichever agency declared the vehicle out of service, [in accordance with the requirements of] as required by the commission [.] or the department.
Sec. 3. NRS 706.776 is hereby amended to read as follows:
706.776 1. [No] The owner or operator of a motor vehicle to which any provisions of NRS 706.011 to 706.861, inclusive, apply carrying passengers or property on any highway in the State of Nevada shall not require [, suffer] or permit any driver of [such] the motor vehicle to drive [any such motor vehicle] it in any one period longer than the time permitted for [such] that period by the order of the commission [.] or the department.
2. [The commission shall have authority to extend to private carriers of explosives and other dangerous articles, as defined by the rules and regulations of the Department of Transportation, the safety rules and regulations applying to common or contract carriers of such articles.
3. The labor commissioner, peace officers, and authorized personnel of the commission and the department] In addition to other persons so required, the labor commissioner shall enforce the provisions of this section.
[4. Any violation of this section is a misdemeanor.]
Sec. 4. NRS 484.697 is hereby amended to read as follows:
484.697 1. A person shall not operate any vehicle [or combination of vehicles] after notice of an unsafe condition or that the vehicle is not equipped as required by this chapter, [except as may be] unless it is necessary to return the vehicle [or combination of vehicles] to the residence or place of business of the owner or driver or to a garage [, until the vehicle and its equipment has been made to conform with the requirements of this chapter.] and operation of the vehicle is not further limited by NRS 706.246.
2. If any peace officer or vehicle safety inspector finds that any vehicle [or combination of vehicles] is unsafe to a degree that continued operation would endanger the driver, any other occupant or any person on a public highway, the officer or inspector may require that the driver cease operation of the vehicle [or combination of vehicles] or that the vehicle [or vehicles] be taken to the nearest garage or other safe place.
________
κ1985 Statutes of Nevada, Page 872κ
Assembly Bill No. 487Committee on Ways and Means
CHAPTER 290
AN ACT relating to aid to victims of domestic violence; allocating to victims of rape part of the money collected to aid victims of domestic violence; making an appropriation; and providing other matters properly relating thereto.
[Approved May 27, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 217.410 is hereby amended to read as follows:
217.410 [Each board of county commissioners shall:
1. Create an advisory board on domestic violence or designate an existing county board which advises on welfare or other matters relating to social services to serve ex officio as the advisory board. Such a board must consist of not less than three nor more than seven members. If the board of county commissioners:
(a) Creates an advisory board, it shall appoint as members:
(1) At least one member who is a representative of the county or district health department or of a rural mental health center of the division; and
(2) As its other members, persons who are familiar with the problems associated with domestic violence, such as former victims of domestic violence, representatives of organizations which assist such victims, attorneys experienced in domestic relations, social workers, counselors, teachers and ministers.
(b) Designates an existing board to serve ex officio as the advisory board, at least one of the members of that board must be familiar with the problems of domestic violence.
2. Establish within the county treasury an enterprise fund known as the fund for assistance to victims of domestic violence.
3. After consultation with the advisory board:
(a) Award grants of money from that fund, on an annual basis, to eligible organizations which perform services within the county for victims of domestic violence; or
(b) Release money from that fund to the board of county commissioners of any other county pursuant to an interlocal agreement whereby services are made available to residents of the contributing county who are victims of domestic violence.
4.] In counties having a population of 250,000 or more, [upon the approval of the administrator of the division, appropriate] the administrator of the division shall allocate 15 percent of all money [which is credited to] granted to organizations in the county from the account for aid for victims of domestic violence to an organization in the county which has been specifically created to assist victims of rape. The administrator of the division has the final authority in determining whether an organization may receive money [appropriated] pursuant to this subsection.
κ1985 Statutes of Nevada, Page 873 (CHAPTER 290, AB 487)κ
organization may receive money [appropriated] pursuant to this subsection. Any organization which receives money pursuant to this subsection shall furnish reports to the [board in the manner] administrator of the division as required by NRS 217.460. To be eligible for this [appropriation,] money, the organization must receive at least 15 percent of its money from sources other than the Federal Government, the state, any local government or other public body or their instrumentalities. Any goods or services which are contributed to the organization may be assigned their reasonable monetary value for the purpose of complying with this requirement.
Sec. 2. Section 8 of chapter 376, Statutes of Nevada 1983, at page 912, is hereby amended to read as follows:
Sec. 8. NRS [217.410,] 217.430 and 217.470 are hereby repealed.
Sec. 3. 1. There is hereby appropriated from the state general fund to the account for aid to victims of domestic violence the sum of $50,000.
2. The mental hygiene and mental retardation division shall, before June 30, 1986, reimburse the state general fund from money in the account for aid to victims of domestic violence, the $50,000 appropriated by section 3 of this act.
Sec. 4. Section 2 of this act becomes effective upon passage and approval.
________
Assembly Bill No. 311Committee on Natural Resources, Agriculture and Mining
CHAPTER 291
AN ACT relating to agriculture; limiting the treatment of agricultural activity as a nuisance for the purposes of civil and criminal liability; and providing other matters properly relating thereto.
[Approved May 27, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 40.140 is hereby amended to read as follows:
40.140 [Anything] 1. Except as otherwise provided in subsection 2, anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action. [Such] The action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance , [;] and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.
2. It is presumed:
(a) That an agricultural activity conducted on farmland, consistent with good agricultural practice and established before surrounding nonagricultural activities is reasonable.
κ1985 Statutes of Nevada, Page 874 (CHAPTER 291, AB 311)κ
nonagricultural activities is reasonable. Such activity does not constitute a nuisance unless the activity has a substantial adverse effect on the public health or safety.
(b) That an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.
Sec. 2. NRS 202.450 is hereby amended to read as follows:
202.450 1. A public nuisance is a crime against the order and economy of the state.
2. Every place:
(a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor [shall be] is conducted, or any article, apparatus or device useful therefor [shall be] is kept;
(b) Wherein any fighting between animals or birds [shall be] is conducted;
(c) Wherein any dog races are conducted without a license as provided by law;
(d) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or
(e) Where vagrants resort,
is a public nuisance.
3. Every act unlawfully done and every omission to perform a duty, which act or omission:
(a) [Shall annoy, injure or endanger] Annoys, injures or endangers the safety, health, comfort or repose of any considerable number of persons;
(b) [Shall offend] Offends public decency;
(c) [Shall unlawfully interfere with, befoul, obstruct or tend to obstruct, or render] Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway; or
(d) [Shall in any way render] In any way renders a considerable number of persons insecure in life or the use of property,
is a public nuisance.
4. Agricultural activity conducted on farmland consistent with good agricultural practice and established before surrounding nonagricultural activities is not a public nuisance unless it has a substantial adverse effect on the public health or safety. It is presumed that an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.
________
κ1985 Statutes of Nevada, Page 875κ
Senate Bill No. 164Committee on Commerce and Labor
CHAPTER 292
AN ACT relating to pharmacy; changing certain regulatory provisions; changing certain penalties concerning dangerous drugs; restricting the dispensing or acquisition of certain controlled substances; allowing a single prescription blank to be used to order multiple prescriptions for dangerous drugs; abolishing the regulation of vending machines or devices containing prophylactic products; providing a penalty; and providing other matters properly relating thereto.
[Approved May 27, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5.5, inclusive, of this act.
Sec. 2. Managing pharmacist means a registered pharmacist who is responsible for the operation of a pharmacy.
Sec. 3. 1. A registered pharmacist may apply to the board to be placed on inactive status. The board may grant the application if the applicant:
(a) Has a medical disability as determined by the board; or
(b) Is at least 65 years of age,
and, as of the date of the application, meets all the requirements for the issuance or renewal of a certificate of registration as a pharmacist.
2. If the application is granted, the applicant shall not engage in the practice of pharmacy unless he has been returned to active status.
3. A registered pharmacist who has been placed on inactive status pursuant to this section is exempt from the requirements for continuing professional education.
4. The board shall adopt regulations concerning:
(a) The procedures for making an application under this section; and
(b) The procedures and terms upon which a registered pharmacist who has been placed on inactive status may resume the practice of pharmacy.
Sec. 4. 1. Every order of the board which limits the practice of pharmacy or any privileges extended by any certificate, permit, registration or license is effective until the date the order is modified or reversed by a final judgment of the reviewing court. The court shall not stay the order of the board unless the board has failed to comply with the procedural requirements provided for in NRS 233B.140.
2. The district court shall give a petition for judicial review of the boards order priority over other civil matters which are not expressly given priority by law.
Sec. 5. The board may suspend or revoke any manufacturers or wholesalers permit or deny the application of any person who has applied for a permit, if the holder or applicant:
1. Has willfully made to the board or its authorized representative any false written statement which is material to the administration or enforcement of any of the provisions of this chapter;
κ1985 Statutes of Nevada, Page 876 (CHAPTER 292, SB 164)κ
any false written statement which is material to the administration or enforcement of any of the provisions of this chapter;
2. Has obtained any permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent;
3. Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions or terms of this chapter applicable to such permit; or
4. Has failed to renew his permit by failing to pay the renewal fee therefor.
Sec. 5.5. It is unlawful for the holder of a certificate of registration or a certificate as an intern pharmacist, a license or a permit granted under the provisions of this chapter to dispense, sell, furnish or fit any cosmetic or therapeutic contact lens or any contact lens which is used to correct visual acuity.
Sec. 6. NRS 639.001 is hereby amended to read as follows:
639.001 As used in this chapter, the words and terms defined in NRS 639.002 to 639.016, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections unless a different meaning clearly appears in the context.
Sec. 7. NRS 639.0125 is hereby amended to read as follows:
639.0125 Practitioner means:
1. A physician, dentist, veterinarian or podiatrist who holds a valid license to practice his profession in this state ; [.]
2. A hospital or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or [to] administer drugs in the course of professional practice or research in this state [.] ; or
3. A registered nurse who has been authorized to prescribe poisons, dangerous drugs and devices.
Sec. 8. NRS 639.120 is hereby amended to read as follows:
639.120 An applicant to become a registered pharmacist in this state must:
1. Be of good moral character.
2. Be a graduate of a college of pharmacy or department of pharmacy of a university accredited by the American Council on Pharmaceutical Education and approved by the board [.
3. Satisfactorily pass] or a graduate of a foreign school who has passed an examination for foreign graduates approved by the board to demonstrate that his education is equivalent.
3. Pass an examination approved and given by the [Nevada state board of pharmacy] board with a grade of at least [60 percent on any part of] 75 on the examination as a whole and a grade of at least 75 [percent for the entire examination.] on the examination on law. An applicant for registration by reciprocity [registration shall take and] must pass the [law] examination on law with at least a grade of 75 . [percent.]
4. Complete 1 year of practical pharmaceutical experience . [as defined in NRS 639.125.]
κ1985 Statutes of Nevada, Page 877 (CHAPTER 292, SB 164)κ
Sec. 9. NRS 639.127 is hereby amended to read as follows:
639.127 1. An applicant for registration as a pharmacist in this state must submit an application to the secretary of the board on a form furnished by the board and must pay the fee fixed by the board. The fee must be paid at the time the application is submitted and is compensation to the board for [either] the investigation [or] and the examination of the applicant. Under no circumstances may the fee be refunded.
2. Proof of the qualifications of any applicant must be made to the satisfaction of the board and must be substantiated by affidavits, records or such other evidence as the board may require.
3. An application is only valid for 1 year from the date it is received by the board unless the board extends its period of validity.
Sec. 10. NRS 639.130 is hereby amended to read as follows:
639.130 1. An applicant for a certificate as a registered pharmacist who has failed to pass the boards examination for [such] the certificate is not eligible for reexamination until the next regularly scheduled examination conducted by the board.
2. [An applicant failing the entire examination is required to retake the entire examination. If the applicant fails only part of the examination, he is required to retake only that part and may retake any other part of the examination.
3. Except as specifically provided in NRS 639.133, no] No subsequent examination may be given to any applicant until he has filed a new application and paid a [new] fee therefor.
Sec. 11. NRS 639.133 is hereby amended to read as follows:
639.133 1. The board may issue [certificates] a certificate of registration as [pharmacists] a pharmacist to [those persons who qualify] a person who qualifies under the provisions of this section [, irrespective of the provisions of subsection 2 of NRS 639.120,] if the board has determined by examination, either oral or written, or both, that [such applicants are capable and are] the applicant is qualified by education or experience, or both, [adequately] to practice the profession of pharmacy in this state and that [they meet] he meets the requirements of subsection 2.
2. The applicant:
(a) Must have been registered as a pharmacist in good standing in another state [prior to] before the filing of his application [.
(b) Who] ;
(b) If he has been registered as a pharmacist in another state for 5 years or longer , must have been actively engaged in the practice of pharmacy for at least 1 year during the 3 years next preceding the date of his application [.] ; and
(c) Must be of good moral character.
3. The fee for the investigation [or] and examination of an applicant [for a certificate of registration under the provisions of this section shall be fixed by the board as provided in NRS 639.170. The fee] must accompany the application and [shall] may not be refunded. [Any such applicant who has failed to pass a satisfactory examination may apply for one reexamination if a request therefor has been received and approved by the board within 1 year after the original examination was given.
κ1985 Statutes of Nevada, Page 878 (CHAPTER 292, SB 164)κ
applicant who has failed to pass a satisfactory examination may apply for one reexamination if a request therefor has been received and approved by the board within 1 year after the original examination was given. On approval of such a request the board shall grant one reexamination without the payment of a new fee.]
4. The board may conduct such investigations as [may be deemed] it considers necessary to establish the moral character of any applicant for [licensure] registration under the provisions of this section.
Sec. 12. NRS 639.134 is hereby amended to read as follows:
639.134 1. The board [in its discretion] may, without an examination, register as a pharmacist any person who:
[1.] (a) Is registered as a pharmacist in another jurisdiction if [such pharmacist] he was required to [take] pass an examination in order to be registered in [such other jurisdiction;
2. If he produces]that jurisdiction;
(b) Produces evidence satisfactory to the board [of having had] that he has the required secondary and professional education and training [; and
3. If he is possessed of good morals, as is demanded of applicants for registration and renewal of registration under the provisions of this chapter.] and, if a graduate of a foreign school, produces evidence that, before taking the examination for registration in that jurisdiction, he passed an examination for foreign graduates offered in that jurisdiction which is comparable to the examination required in subsection 2 of NRS 639.120; and
(c) Is of good moral character.
2. The provisions of this section apply only if pharmacists registered in this state are granted similar privileges by the state in which the applicant is registered.
Sec. 13. NRS 639.138 is hereby amended to read as follows:
639.138 [1. The board shall have the right to deny any application for a certificate, license or permit if, after investigation, it is found that the applicant has committed any act included in NRS 639.210 which would authorize the board to conduct proceedings to suspend or revoke such certificate, license or permit, if it had been previously issued.
2. After the decision of the board to deny an application has been entered in the official minutes, and in any case within 10 days after the decision has been adopted by the board,] If the board, after an investigation, denies any application for a certificate, license or permit, the secretary shall notify the applicant, within 10 days after the denial is approved by the board and entered in the official minutes, by registered or certified mail, of the denial of the application and the reasons therefor. The notice [shall] must inform the applicant of his right to petition the board for reconsideration and his right to submit evidence to controvert the alleged violations on which the denial was based.
Sec. 14. NRS 639.170 is hereby amended to read as follows:
639.170 1. The board shall charge and collect not more than the following fees for the following services:
κ1985 Statutes of Nevada, Page 879 (CHAPTER 292, SB 164)κ
For investigation [or] and examination of applicant for certificate as registered pharmacist.......................................................................................... [$100] $200
For investigation [or] and examination of applicant for certificate as registered pharmacist by reciprocity........................................................................... 150
For the investigation or issuance of an original license to conduct a retail pharmacy............................................................................................................... [150] 400
For biennial renewal of a license to conduct a retail pharmacy.................. 300
For the investigation or issuance of an original license to conduct a hospital pharmacy for inpatients..................................................................... [150] 400
For biennial renewal of a license to conduct a hospital pharmacy for inpatients 300
For issuance of certificate of registration as registered pharmacist........... 50
For biennial renewal of certificate of registration as registered pharmacist 100
For reinstatement of lapsed certificate of registration (in addition to renewal fees for period of lapse)............................................................................................ 50
For issuance of duplicate certificate of registration..................................... 25
For biennial registration of a hospital pharmaceutical technician.............. 10
For issuance of manufacturers or wholesalers permit............................... 100
For [issuance of] biennial renewal of permit for manufacturer or wholesaler 200
For issuance of permit to vend, sell, offer to sell or furnish any hypodermic device .................................................................................................................... 25
For biennial renewal of permit to vend, sell, offer to sell or furnish any hypodermic device............................................................................................................ 50
[For issuance of permit to supply or operate vending machines or devices for distribution of any prophylactic............................................................... 100
For biennial renewal of permit to supply or operate vending machines or devices for distribution of any prophylactic............................................................... 200]
For reissuance of license issued to retail pharmacy, when no change of ownership is involved, but the license must be reissued because of a change in the information required thereon.......................................................................................... $25
For biennial renewal of a certificate of registration issued to a registered pharmacist placed on inactive status..................................................... 50
2. If a person requests a special service from the board or requests the board to convene a special meeting, he shall pay the actual costs to the board as a condition precedent to the rendition of the special service or the convening of the special meeting.
3. All fees are payable in advance and must not be refunded.
κ1985 Statutes of Nevada, Page 880 (CHAPTER 292, SB 164)κ
4. The board may, by regulation, set the penalty for failure to pay the renewal fee for any license, permit or certificate within the statutory period, at an amount not to exceed 100 percent of the renewal fee for each year of delinquency in addition to the renewal fees for each year of delinquency.
Sec. 15. NRS 639.180 is hereby amended to read as follows:
639.180 1. A certificate as a registered pharmacist [shall] must be issued to each person who [is deemed qualified by the board in compliance with] the board determines is qualified under the provisions of NRS 639.120, [639.127, 639.133, 639.134 and NRS 639.217 to 639.2178, inclusive.] 639.133 and 639.134. The certificate entitles the person to whom it is issued to practice pharmacy in this state.
2. Each person to whom [such] this certificate has been issued may, [if he so desires and] if his certificate has not been revoked, renew his certificate biennially upon making application and paying the renewal fee [fixed by the board as provided in NRS 639.170] and complying with the [provisions of NRS 639.217 to 639.2178, inclusive.
3. Application] requirement of continuing professional education if applicable.
3. The application for the renewal of [such] this certificate, together with the [renewal fee, shall] fee for renewal must be delivered to the secretary of the board on or before the 1st Monday in September next preceding the expiration date of any [presently] existing valid certificate or [renewal] receipt.
4. [A certificate as a registered pharmacist shall be renewed biennially,] If a certificate is renewed, it must be dated as of November 1, and delivered to the applicant on or before that date.
5. The board may refuse to renew a certificate if the applicant has committed any act proscribed by NRS 639.210.
Sec. 16. NRS 639.210 is hereby amended to read as follows:
639.210 The board may suspend or revoke [:
1. Any] any certificate, license, registration or permit [,] issued under the provisions of this chapter, and deny the application of any person for a certificate, license, registration or permit, [who:
(a)] if the holder or applicant:
1. Is not of good moral character;
[(b)] 2. Is guilty of habitual intemperance;
[(c)] 3. Becomes or is intoxicated or under the influence of liquor, any depressant drug or a controlled substance as defined in chapter 453 of NRS, unless taken pursuant to a physicians prescription, while on duty in any establishment licensed by the board;
[(d)] 4. Is guilty of unprofessional conduct or conduct contrary to the public interest;
[(e)] 5. Is addicted to the use of any controlled substance as defined in chapter 453 of NRS;
κ1985 Statutes of Nevada, Page 881 (CHAPTER 292, SB 164)κ
[(f)] 6. Has been convicted of a violation of any law related to controlled substances as defined in chapter 453 of NRS, of the Federal Government or of this or any other state;
[(g)] 7. Has been convicted of a felony or other crime involving moral turpitude, dishonesty or corruption;
[(h)] 8. Has willfully made to the board or its authorized representative any false [written] statement which is material to the administration or enforcement of any of the provisions of this chapter;
[(i)] 9. Has obtained any certificate, certification, license or permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent;
[(j)] 10. Has violated any provision of the Federal Food, Drug, and Cosmetic Act or any other federal law or regulation relating to prescription drugs;
[(k)] 11. Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions [or terms] of this chapter or any law or regulation relating to the practice of pharmacy [, including laws and regulations governing controlled substances and dangerous drugs,] or has permitted, allowed, condoned or failed to report a violation of any of the provisions of this [section] chapter or any law or regulation relating to the practice of pharmacy committed by a registered pharmacist in his employ;
[(l)] 12. Has failed to renew his certificate, license or permit by failing to pay the renewal fee therefor;
[(m)] 13. Has had his certificate, license or permit suspended or revoked in another state on grounds which would cause suspension or revocation of a certificate, license or permit in this state;
[(n)] 14. Has, as a [responsible] managing pharmacist, violated any provisions of law or regulation concerning recordkeeping or inventory requirements in a store over which he presides [as responsible managing pharmacist] or has allowed a violation of any provision of this chapter or other state or federal laws or regulations relating to the practice of pharmacy [, including statutes governing controlled substances and dangerous drugs,] by personnel of the pharmacy under his supervision [as responsible managing pharmacist; or
(o)] ; or
15. Has repeatedly been negligent, as may be evidenced by claims of malpractice settled against him.
[2. Any manufacturers or wholesalers permit or any permit to supply or operate vending machines or devices for distribution of any prophylactic issued to any person, or to deny the application of any person who has applied for a permit who:
(a) Has willfully made to the board or its authorized representative any false written statement which is material to the administration or enforcement of any of the provisions of this chapter;
(b) Has obtained any permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent;
κ1985 Statutes of Nevada, Page 882 (CHAPTER 292, SB 164)κ
record, affidavit or other information in support thereof, which is false or fraudulent;
(c) Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions or terms of this chapter applicable to such permit; or
(d) Has failed to renew his permit by failing to pay the renewal fee therefor.]
Sec. 17. NRS 639.2171 is hereby amended to read as follows:
639.2171 The legislature [hereby] finds and declares that:
1. The practice of the profession of pharmacy is directly related to the public health and welfare of the citizens of [the State of Nevada] this state and is subject to regulation and control in the public interest.
2. Because of the continuous introduction of new medicinal agents and the changing concepts of the [delivery of health-care services in the] practice of pharmacy, [at both the institutional and community levels,] it is essential that a pharmacist undertake a [continuing-education] program of continuing education in order to maintain and improve his professional competency.
3. To [assure] ensure the continued competency of the pharmacist and to maintain uniform qualifications for the licensing of pharmacists in order to protect the health and welfare of its citizens, the legislature deems it in the public interest to adopt a program of continuing professional education . [program.]
4. NRS [639.217] 639.2171 to 639.2178, inclusive, [shall] must be liberally construed in order to carry out their stated purposes.
Sec. 18. NRS 639.2172 is hereby amended to read as follows:
639.2172 As used in NRS [639.217] 639.2171 to 639.2178, inclusive, the words and terms defined in this section have the meanings ascribed to them in this section unless the context otherwise requires:
1. Accredited program means those seminars, classes, meetings, work projects and other educational programs in pharmacy approved by the board for purposes of continuing professional education.
2. Continuing professional education means professional, pharmaceutical postgraduate education in the general areas of the socioeconomic and legal aspects of [health] medical care, the properties and actions of drugs and dosage forms, and the etiology, characteristics and therapeutics of the diseased organism.
3. Continuing-education unit means the unit of measurement of credits for [continuing-education] courses and programs [.] of continuing education.
Sec. 19. NRS 639.2176 is hereby amended to read as follows:
639.2176 The board shall adopt regulations necessary to carry out the stated purposes of NRS [639.217] 639.2171 to 639.2178, inclusive, which must include the methods of determining accredited programs, the number of hours of continuing professional education necessary to constitute a continuing-education unit, the number of units required of each pharmacist during the period for which a certificate is issued and such other regulations consistent with NRS [639.217] 639.2171 to 639.2178, inclusive, as the board may determine to be necessary.
κ1985 Statutes of Nevada, Page 883 (CHAPTER 292, SB 164)κ
Sec. 20. NRS 639.220 is hereby amended to read as follows:
639.220 1. Except as otherwise provided in [subsection 2,] NRS 639.2324, 639.2326 and 639.2327 each pharmacy must be managed by a registered pharmacist , approved by the board, who is [physically present when it is open for business.
2. The requirement of subsection 1 does not prohibit the board from authorizing the absence of the registered pharmacist] responsible for compliance by the pharmacy and its personnel with all state and federal laws and regulations relating to the operation of the pharmacy and the practice of pharmacy.
2. If the managing pharmacist is the only registered pharmacist employed in the pharmacy, the board may authorize his absence each day for a total period of not to exceed 2 hours for the purpose of taking meals if:
(a) [The] A registered pharmacist is on call during his absence;
(b) A sign, as prescribed by regulations of the board, is posted for public view in the pharmacy indicating the absence of the pharmacist and the hours of his absence; and
(c) All drugs, poisons, chemical and restricted devices are kept safe in a manner prescribed by regulations of the board.
The authorization required from the board must be in writing and be retained in the pharmacy, available for inspection.
3. A person shall not act as a managing pharmacist for more than one licensed pharmacy. Each managing pharmacist shall be on duty in the pharmacy and active in the management of the pharmacy [on a full-time basis.] full time, but he need not be present during the time the pharmacy is open for business if he designates another pharmacist employed in the pharmacy to assume his duties in his absence. The managing pharmacist is responsible for the activities of his designee.
4. The board must be notified before there is a change in the managing pharmacist.
Sec. 21. NRS 639.230 is hereby amended to read as follows:
639.230 1. A pharmacy shall not operate as such or use the word drug or drugs, prescription or pharmacy, or similar words or words of similar import, without first having secured a license [so to do] from the board.
2. Each license must be issued to a specific person and for a specific location and is not transferable. The original license must show the name of the owner [or owners, partners or corporation officers] and the name of the [responsible] managing pharmacist and be displayed on the licensed premises as provided in NRS 639.150. If the owner is a partnership or corporation, the names of the partners or officers must also be shown. Any change of partners [, corporation officers or responsible managing pharmacist shall] or corporate officers must be immediately reported to the board. The original license together with the fee required for reissuance of a license [as provided in NRS 639.170] must be submitted to the board [prior to] before the reissuance of the license.
κ1985 Statutes of Nevada, Page 884 (CHAPTER 292, SB 164)κ
639.170] must be submitted to the board [prior to] before the reissuance of the license.
3. Every person holding a [pharmacy] license to operate a pharmacy shall:
(a) Satisfy the board that the [same] pharmacy is conducted according to law.
(b) Biennially, on or before May 2 of the year in which the license or renewal expires, pay to the secretary of the board the biennial fee.
4. Upon receipt of the biennial fee , the secretary of the board shall register the pharmacy [, store or dispensary] and shall furnish the [store] manager or proprietor with a [renewal] receipt valid for 2 years from July 1 next succeeding such payment. [The license and renewal receipt shall be subject to the provisions of subsections 5 and 6 and the other provisions of this chapter.]
5. Failure to pay the [biennial renewal fee prior to] fee for biennial renewal before July 1 subjects the licensee to the penalty fixed by the board for failure to renew. Failure to pay the [renewal] fee and penalty thereon within 30 days after the delinquent date results in automatic forfeiture of the [pharmacy] license.
6. [The license and renewal receipt may at any time be suspended or revoked upon proof to the satisfaction of the board, after notice to the licensee and after a hearing at which the licensee may be present, that the licensed premises are being operated in violation of this chapter or in a manner contrary to the public interest.
7. Any unlawful act or] Any violation of any of the provisions of this chapter by a [responsible] managing pharmacist or by personnel of the pharmacy under the supervision of the [responsible] managing pharmacist [, including recordkeeping and inventory violations,] is cause for the suspension or revocation of the license of the pharmacy by the board.
Sec. 22. NRS 639.232 is hereby amended to read as follows:
639.232 1. The board shall not issue [any new] a license to conduct a pharmacy:
(a) To any practitioner; or
(b) To any partnership, corporation or association in which [any such person has any beneficial interest.] a practitioner has a controlling interest or owns more than 10 percent of the available stock.
2. This section does not:
(a) Apply to a hospital pharmacy [;] or a health maintenance organization which holds a certificate of authority under chapter 695C of NRS.
(b) Prohibit ownership by a practitioner of a building in which a pharmacy is located, if space for [such] the pharmacy is rented at the prevailing rate. [Such rental may be a flat monthly rental, a percentage of gross receipts, or a combination of these methods.]
Sec. 23. NRS 639.2325 is hereby amended to read as follows:
639.2325 1. A hospital pharmaceutical technician may only be employed in a hospital pharmacy, in accordance with such regulations as may be adopted by the [state board of pharmacy.]
κ1985 Statutes of Nevada, Page 885 (CHAPTER 292, SB 164)κ
employed in a hospital pharmacy, in accordance with such regulations as may be adopted by the [state board of pharmacy.] board.
2. A hospital pharmaceutical technician must not be employed in:
(a) The [outpatient] section of a hospital pharmacy [; or] which treats outpatients, in any capacity other than clerical; or
(b) Any pharmacy other than a hospital pharmacy.
3. All work done by a hospital pharmaceutical technician must be under the direct [and immediate] supervision of a registered pharmacist, who is responsible for all work so performed.
4. A hospital pharmaceutical technician must register biennially with the board and pay the required registration fee.
Sec. 24. NRS 639.2353 is hereby amended to read as follows:
639.2353 1. A prescription must be given:
(a) Directly from the practitioner to a pharmacist;
(b) Indirectly by means of an order signed by the practitioner; or
(c) By an oral order transmitted by an agent of the practitioner.
2. A written prescription must contain:
(a) The name [, signature and address] and signature of the practitioner [;] , and his address if not immediately available to the pharmacist;
(b) The classification of his license;
(c) His registration number assigned by the Drug Enforcement Administration [;] if the prescription is for a controlled substance;
(d) The name [and address] of the patient [;] , and his address if not immediately available to the pharmacist;
(e) The name and quantity of the drug or drugs prescribed;
(f) Directions for use; and
(g) The date of issue.
3. The directions for use must be specific in that they indicate the portion of the body to which the medication is to be applied or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.
Sec. 25. NRS 639.2587 is hereby amended to read as follows:
639.2587 When a [substitution is made pursuant to NRS 639.2581 to 639.2599, inclusive,] generic drug is substituted for a drug prescribed by brand name, the pharmacist shall note the name of the manufacturer, packer or distributor of the drug actually dispensed on the prescription.
Sec. 26. NRS 639.2591 is hereby amended to read as follows:
639.2591 A pharmacist may not [make a substitution pursuant to NRS 639.2581 to 639.2599, inclusive,] substitute a generic drug for a drug prescribed by brand name unless the manufacturer of the drug which he proposes to substitute is licensed in Nevada and:
1. All products are dated with an expiration date on the original package ; [.]
2. All tablets and capsules , except for hypodermic and sublingual tablets, have the manufacturers product identification code imprinted on them ; [.]
κ1985 Statutes of Nevada, Page 886 (CHAPTER 292, SB 164)κ
3. The manufacturer is capable of recalling unsafe or defective drugs, and has filed a statement describing its capability with the board [.] ; and
4. The manufacturer has filed a liability statement relative to its drugs with the board.
Sec. 27. NRS 639.283 is hereby amended to read as follows:
639.283 Any person who, while on duty in a pharmacy licensed by the board, sells, dispenses or compounds any prescription, or sells any drug or poison while under the influence of intoxicating liquor or any depressant drug or controlled substance , unless taken pursuant to a physicians prescription, is guilty of a misdemeanor.
Sec. 28. Chapter 453 is hereby amended by adding thereto a new section to read as follows:
1. Any pharmacist who violates any regulation of the board regulating the dispensing of a controlled substance for which a prescription is not required is guilty of a gross misdemeanor.
2. Any person who knowingly or intentionally makes a false representation to a pharmacist for the purpose of obtaining a controlled substance for which a prescription is not required is guilty of a gross misdemeanor.
Sec. 29. NRS 453.331 is hereby amended to read as follows:
453.331 1. It is unlawful for any person knowingly or intentionally to:
(a) Distribute as a registrant a controlled substance classified in schedule I or II, except pursuant to an order form as required by NRS 453.251 or pursuant to the provisions of NRS 453.740 to 453.810, inclusive;
(b) Use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended or issued to another person;
(c) Assume falsely the title of or represent himself as a registrant or other person authorized to possess controlled substances;
(d) Acquire or obtain or attempt to acquire or obtain possession of a controlled substance or a prescription for a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge [,] or alteration;
(e) Furnish false or fraudulent material information in, or omit any material information from, any application, report or other document required to be kept or filed under the provisions of NRS 453.011 to 453.551, inclusive, or any record required to be kept by those sections;
(f) Sign the name of a fictitious person or of another person on any prescription for a controlled substance or falsely make, alter, forge, utter, publish or pass, as genuine, any prescription for a controlled substance;
(g) Make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trade-mark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance;
κ1985 Statutes of Nevada, Page 887 (CHAPTER 292, SB 164)κ
likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance;
(h) Possess prescription blanks which have been signed before being filled out; or
(i) Make a false representation to a pharmacist for the purpose of obtaining a controlled substance [.] for which a prescription is required.
2. Any person who violates this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
Sec. 30. NRS 454.221 is hereby amended to read as follows:
454.221 1. Any person who furnishes any dangerous drug except upon the prescription of a practitioner [is guilty of a gross misdemeanor,] 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, unless the dangerous drug was obtained originally by a legal prescription.
2. The provisions of this section do not apply to the furnishing of any dangerous drug by:
(a) A practitioner to his own patients as provided in NRS 454.301;
(b) A physicians assistant if authorized by the board;
(c) A registered nurse while participating in a public health program approved by the board, or a registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to possess and administer or dispense dangerous drugs;
(d) A manufacturer or wholesaler or pharmacy to each other or to a practitioner or to a laboratory under sales and purchase records that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity;
(e) A hospital pharmacy or a pharmacy so designated by a district health officer to the holder of a permit for the operation of an ambulance service or an air ambulance service to stock ambulances or replenish the stock; or
(f) A prison pharmacy to a person designated by the director of the department of prisons to administer a lethal injection to a person who has been sentenced to death.
Sec. 30.5. NRS 454.223 is hereby amended to read as follows:
454.223 1. Each prescription for a dangerous drug must be written on a [separate] prescription blank or as an order on the chart of a patient. [The chart of a patient may be used to order multiple prescriptions for that patient.]
2. A written prescription must contain:
(a) The name and signature of the practitioner, and his address if not immediately available to the pharmacist;
(b) The classification of his license;
(c) The name of the patient, and his address if not immediately available to the pharmacist;
κ1985 Statutes of Nevada, Page 888 (CHAPTER 292, SB 164)κ
(d) The name, strength and quantity of the drug or drugs prescribed;
(e) Directions for use; and
(f) The date of issue.
3. Directions for use must be specific in that they must indicate the portion of the body to which the medication is to be applied, or, if to be taken into the body by means other than orally, the orifice or canal of the body into which the medication is to be inserted or injected.
Sec. 31. NRS 454.279 is hereby amended to read as follows:
454.279 1. A practitioner may purchase supplies of poisons, dangerous drugs and devices from a pharmacy if he presents to the pharmacy a written order signed by him.
2. A hospital pharmacy or a pharmacy designated for this purpose by a district health officer may sell the holder of a permit for the operation of an ambulance service or air ambulance service supplies of dangerous drugs to stock his ambulances or replenish the stock if:
(a) The purchase order is countersigned by a physician; and
(b) The intermediate emergency medical technician, the advanced emergency medical technician-ambulance or the registered nurse who is in charge of the dangerous drugs in the ambulance is, respectively, appropriately certified by the health division or licensed by the state board of nursing.
[2.] 3. The state board of pharmacy shall adopt regulations regarding the records a pharmacist shall keep of [such sales.] any purchase made pursuant to this section.
Sec. 32. 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 obtains or attempts to 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.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
3. Every person who knowingly:
(a) Receives any dangerous drug from, or has in his possession or under his control any dangerous drug obtained by, another person as a result of any forged, false, fictitious or altered prescription; 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 889 (CHAPTER 292, SB 164)κ
Sec. 33. NRS 454.321 is hereby amended to read as follows:
454.321 [1. Anyone authorized by the provisions of NRS 454.301 to dispense drugs to his own patients who permits the dispensing or furnishing of any dangerous drug in violation thereof is guilty of a misdemeanor.
2.] Any person who dispenses or furnishes or permits the dispensing or furnishing of any dangerous drug in violation of NRS 454.301 is guilty of a gross misdemeanor.
Sec. 34. NRS 454.540 is hereby amended to read as follows:
454.540 1. The board shall issue licenses to the following applicants who have filed application therefor on a form furnished by the board:
(a) Manufacturers whose products have been submitted for examination and approved by the board for distribution in this state.
(b) Wholesalers who distribute approved prophylactic products for resale in this state.
[(c) Persons who as distributors supply vending machines which are intended to vend such products to the public.]
2. The license is valid for not more than 2 years and expires on the second June 30 after it is issued. Application for renewal must be made [prior to] before that date.
3. An expired license may be renewed only:
(a) Upon the payment of a penalty fixed by the board which must not exceed the renewal fee; or
(b) Without penalty, upon showing that the applicant did not engage in business as such a manufacturer after the date of expiration.
Sec. 35. NRS 454.580 is hereby amended to read as follows:
454.580 No prophylactic sheath may be offered for sale or distributed:
1. By a manufacturer, wholesaler or distributor, if the date of manufacture indicates that the prophylactic was manufactured more than 1 year [prior to such] before the sale or distribution; or
2. At retail, [or stocked in any automatic vending device accessible to the public,] if the date of manufacture indicates that the prophylactic was manufactured more than 3 years [prior to such] before the sale or stocking.
Sec. 36. NRS 454.650 is hereby amended to read as follows:
454.650 It is unlawful for any person to [vend,] sell, give away or furnish, directly or indirectly, any prophylactic, except those which have been examined and approved by the board as complying with the standards set forth in NRS 454.560 to 454.600, inclusive, and distributed by a manufacturer who has been licensed by the board.
Sec. 37. NRS 454.660 is hereby amended to read as follows:
454.660 Any person found to be in possession of any [vending machine or automating vending device, accessible to the public, containing prophylactic products, or any person found to be in possession of any] prophylactic product held for the purpose of resale, who, when requested by an authorized officer of the law, fails, neglects or refuses to supply information or who furnishes false information as to the [ownership of such vending device or the] name of the person who supplied the [prophylactics contained therein, or the] prophylactic products found in his possession, is guilty of a misdemeanor.
κ1985 Statutes of Nevada, Page 890 (CHAPTER 292, SB 164)κ
requested by an authorized officer of the law, fails, neglects or refuses to supply information or who furnishes false information as to the [ownership of such vending device or the] name of the person who supplied the [prophylactics contained therein, or the] prophylactic products found in his possession, is guilty of a misdemeanor.
Sec. 38. NRS 454.630, 454.640, 639.217 and 639.2581 are hereby repealed.
Sec. 39. Section 32 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
Senate Bill No. 91Committee on Human Resources and Facilities
CHAPTER 293
AN ACT relating to blind persons; prohibiting the selling of certain commodities, in or around public buildings, except by blind persons; providing a penalty; and providing other matters properly relating thereto.
[Approved May 27, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 426 of NRS is hereby amended by adding thereto a new section to read as follows:
Any person who sells, solicits orders for or delivers, in any public building or on any public land, any commodity which a blind vendor is authorized by the bureau to sell is guilty of a misdemeanor except:
1. A person licensed by or under contract to the bureau;
2. A person who delivers a commodity to a blind vendor or for his account;
3. A person who is raising money for the charitable activities of a corporation organized for educational, religious, scientific, charitable or eleemosynary purposes under the provisions of chapter 81 of NRS; or
4. Public employees jointly sharing in the cost of coffee or other beverages purchased by them for their own use, if there is no commercial arrangement for the delivery of products and supplies to the building or land.
________
κ1985 Statutes of Nevada, Page 891κ
Assembly Bill No. 216Assemblymen McGaughey and Malone
CHAPTER 294
AN ACT relating to highways; authorizing the department of transportation to designate locations for the erection of signs and centers that provide information to members of the traveling public; authorizing the department to establish a free telephone system for motorists to make reservations at hotels, motels and campgrounds; making an appropriation; and providing other matters properly relating thereto.
[Approved May 27, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 408 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. Director means the director of the department of transportation.
Sec. 3. As used in sections 3 to 9, inclusive, of this act, center means a facility to provide information to members of the traveling public, concerning accommodations, food, fuel and recreation, through an attendant or some means of communication.
Sec. 4. The director may designate appropriate locations for the construction of centers and the erection and maintenance of directional and informational signs within the right of way. The signs or centers may be erected or constructed and maintained by:
1. The department; or
2. A city, county or other governmental agency or private person, under contract with the department.
Sec. 5. 1. The director shall adopt regulations:
(a) Governing the size, shape, lighting and other characteristics of a sign to be erected in such a location;
(b) Permitting the use of trade-marks and symbols identifying an individual enterprise on a sign erected in such a location;
(c) Fixing the qualifications of a person or governmental agency to operate a center and of an enterprise to be indentified on a directional or informational sign;
(d) Fixing reasonable fees for providing information about accommodations and commercial services, to recover the actual administrative cost incurred by the department; or
(e) Otherwise necessary to carry out the provisions of sections 3 to 9, inclusive, of this act.
2. The regulations adopted by the director pursuant to subsection 1 must be consistent with the provisions of 23 U.S.C. § 131.
Sec. 6. The department shall develop a plan, in cooperation with the commission on tourism, to carry out the provisions of sections 3 to 9, inclusive, of this act. The plan must take into consideration such factors as:
1. Economic development in this state.
κ1985 Statutes of Nevada, Page 892 (CHAPTER 294, AB 216)κ
2. Availability of money for the purposes of sections 3 to 9, inclusive, of this act.
3. Population in a particular area.
4. Proposed highway construction.
5. Need for information.
The department and the commission shall review the plan at least once each year and revise it until the provisions of sections 3 to 9, inclusive, of this act, have been uniformly put into effect throughout the state.
Sec. 7. 1. The department may establish at centers a toll-free telephone system for members of the traveling public to make reservations at hotels, motels, campgrounds and other places of public accommodation. The cost of this system, reduced pursuant to subsection 2 if applicable, must be apportioned among the hotels, motels, campgrounds and other businesses that participate in the system.
2. If the department uses the telephone system established pursuant to subsection 1 as a method for members of the public to report fires, accidents or other emergencies or to receive information concerning the conditions for driving on certain highways, the department shall pay a proportionate share of the cost of the system.
Sec. 8. The department may contract or enter into other agreements with governmental agencies in this state or an adjoining state or with private persons to study various systems of providing information to the traveling public and to construct signs which provide that information.
Sec. 9. 1. Money received by the department from:
(a) Fees for providing information;
(b) Participants in a telephone system established to reserve accommodations for travelers; and
(c) Appropriations made by the legislature for the purposes of sections 3 to 9, inclusive, of this act,
must be deposited with the state treasurer for credit to the account for systems of providing information to the traveling public in the state highway fund, which is hereby created.
2. Money in the account must only be used to carry out the provisions of sections 3 to 9, inclusive, of this act.
Sec. 10. NRS 408.020 is hereby amended to read as follows:
408.020 As used in this chapter the words and terms defined in NRS 408.035 to 408.095, inclusive, and section 2 of this act, unless the context otherwise requires, have the meanings ascribed to them in those sections.
Sec. 11. 1. There is hereby appropriated from the state general fund to the department of transportation the sum of $50,000 for the design and erection or construction of signs and centers as provided by sections 3 to 9, inclusive, of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.
κ1985 Statutes of Nevada, Page 893 (CHAPTER 294, AB 216)κ
to the state general fund as soon as all payments of money committed have been made.
________
Assembly Bill No. 194Committee on Taxation
CHAPTER 295
AN ACT relating to taxation; making various changes regarding the assessment and taxation of property; altering the use of factors between reappraisals; requiring that certain maps of land contain information on the measurement of areas; and providing other matters properly relating thereto.
[Approved May 27, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.221 is hereby amended to read as follows:
361.221 1. A person shall not perform the duties of an appraiser for purposes of the taxation of property as an employee of or as an independent contractor for the state or any of its political subdivisions unless he holds a valid appraisers certificate issued by the department.
2. There is established an appraiser certification board consisting of six members, three of whom must be chosen by majority vote of the several county assessors from persons who hold a valid appraisers certificate issued by the department and three of whom must be appointed by the Nevada tax commission. This board shall:
(a) Advise the department on any matter pertaining to the certification and continuing education of appraisers who are subject to the provisions of this section; and
(b) Perform such other duties as are provided by law.
3. Each member of the board is entitled to the per diem allowance and travel expenses provided for state officers and employees while attending meetings of the board.
4. The department may contract for the development and administration of the appropriate examinations. Except as provided in this subsection, an appraisers certificate must be issued to an applicant only if he has passed the appropriate examination. The department may charge each examinee a reasonable examination fee to recover the cost of the examination. An applicant who has a professional designation or certification recognized by the board may, with the approval of the board, be issued an appraisers certificate without examination.
Sec. 2. 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.
κ1985 Statutes of Nevada, Page 894 (CHAPTER 295, AB 194)κ
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 a factor for improvements, if any, and a factor for land to the assessed value [of] for the preceding year . [factors which] The factor for improvements must reasonably represent the change, if any, in the taxable value of [the property or of similar property] typical improvements in the area since the preceding year, and [by taking] must take 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] The factor for land must be so chosen that the median radio of the assessed value of the land to the taxable value of [each individual property] the land in each area subject to the factor 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. 3. NRS 361.295 is hereby amended to read as follows:
361.295 [1.] When real property is assessed by the county assessors of two counties on territory claimed by both, the [owner of the real estate assessed is authorized to pay the taxes in either county that he may select.
2. In case of suit being brought for the nonpayment of the taxes in the county in which the suit may be brought, the production of a tax receipt for the current year on the property, signed by the proper officer, although in an adjoining county claiming jurisdiction, of a date prior to the commencement of the action, shall entitle the taxpayer to a dismissal of the suit, free of cost.] department of taxation shall examine the property and determine the county to which the taxes must be paid.
Sec. 4. NRS 361.360 is hereby amended to read as follows:
361.360 1. Any taxpayer aggrieved at the action of the county board of equalization in equalizing, or failing to equalize, the value of his property, or property of others, or a county assessor, may file an appeal with the state board of equalization no later than the 4th Monday of February and present to the state board of equalization the matters complained of at one of its sessions.
κ1985 Statutes of Nevada, Page 895 (CHAPTER 295, AB 194)κ
2. All such appeals must be presented upon the same facts and evidence as were submitted to the county board of equalization in the first instance, unless there is discovered new evidence pertaining to the matter which could not, by due diligence, have been discovered before the final adjournment of the county board of equalization. The new evidence must be submitted in writing to the state board of equalization and served upon the county assessor not less than 7 days before the hearing.
3. Any taxpayer whose real or personal property placed on the unsecured tax roll was assessed after December 15 but before or on the following April 30 may likewise protest to the state board of equalization, which shall meet before May 31 to hear these protests. Every such appeal must be filed on or before May 15.
4. If the state board of equalization determines that the record of a case on appeal from the county board of equalization is inadequate because of an act or omission of the county assessor, the district attorney or the county board of equalization, the state board of equalization may remand the case to the county board of equalization with directions to develop an adequate record within 30 days after the remand. The directions must indicate specifically the inadequacies to be remedied. If the state board of equalization determines that the record returned from the county board of equalization after remand is still inadequate, the state board of equalization may hold a hearing anew on the appellants complaint or it may, if necessary, contract with an appropriate person to hear the matter, develop an adequate record in the case and submit recommendations to the state board. The cost of the contract and all costs, including attorneys fees, to the state or the appellant necessary to remedy the inadequate record on appeal are a charge against the county.
Sec. 5. NRS 361.510 is hereby amended to read as follows:
361.510 [The]
1. Except as otherwise provided in subsection 2, before June 1 of each year, the board of county commissioners of each county shall prepare suitable blank receipts that are sequentially numbered to be issued by the respective county assessors on the payment to them in cash of the taxes on movable personal property. [Such] The blank tax receipts [shall] must be countersigned by the county auditor [.] and delivered to the county assessor who shall give his receipt to the board for the quantity delivered.
2. The provisions of this section do not apply in a county which provides receipts for such payments in cash which are produced by a computer.
Sec. 6. NRS 361.5643 is hereby amended to read as follows:
361.5643 1. Except as provided in subsection 2, upon compliance by the purchaser or repossessor of a slide-in camper or the purchaser or repossessor of a mobile home with the provisions of NRS 361.562, 361.563 or 361.5642 the county assessor shall:
(a) Deliver forthwith to the purchaser or repossessor of a mobile home, as well as annually thereafter upon payment of the tax, a sticker which must be of a design and affixed in such manner as is prescribed by the department .
κ1985 Statutes of Nevada, Page 896 (CHAPTER 295, AB 194)κ
home, as well as annually thereafter upon payment of the tax, a sticker which must be of a design and affixed in such manner as is prescribed by the department . [;]
(b) Deliver forthwith to the purchaser or repossessor of a slide-in camper, as well as annually thereafter upon payment of the tax, a tax plate or a sticker which must be of a design and affixed in such manner as is prescribed by the department.
2. Upon payment of a quarterly installment, the county assessor shall issue the appropriate decal.
[3. The county assessor shall issue each year to the owner of a camper-shell not subject to taxation under the provisions of this chapter a tax plate or sticker similar to that provided in paragraph (b) of subsection 1, which the owner shall affix to the camper-shell in the manner prescribed by the department.]
Sec. 7. NRS 117.025 is hereby amended to read as follows:
117.025 1. All [condominium] maps or plans [filed] of a project recorded under the provisions of this chapter [shall be made] must be drawn upon vellum, tracing cloth or any other material of a permanent nature generally used for such purpose in the engineering profession . [, and shall be of uniform size,] The size of each sheet must be 24 by 32 inches, with a [borderline] marginal line drawn 2 inches from the left edge in order to leave room for binding. [No] A map or plan [shall] drawn upon ordinary paper or blueprint must not be accepted for [filing made upon ordinary paper or blueprint.
2. For filing each condominium map or plan the] recordation.
2. The map of the project must indicate the area of each unit in square feet and the area of the common area surrounding the units in acres, calculated to the nearest one-hundredth of an acre.
3. The county recorder shall collect a fee of $25, plus 25 cents per lot or unit mapped, for the recordation [or filing] of any final map. The fee [shall] must be deposited in the general fund of the county where it is collected.
Sec. 8. NRS 278.372 is hereby amended to read as follows:
278.372 1. The final map [shall] must be clearly and legibly drawn in black waterproof india ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession, but affidavits, certificates and acknowledgments [shall] must be legibly stamped or printed upon the map with opaque ink.
2. The size of each sheet of the map [shall] must be 24 by 32 inches. A marginal line [shall] must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom, and right edges, and of 2 inches at the left edge along the 24-inch dimension.
3. The scale of the map [shall] must be large enough to show all details clearly . [and enough sheets shall be used] The map must have a sufficient number of sheets to accomplish this end.
4. [The] Each sheet of the map must indicate its particular number , [of the sheet and] the total number of sheets [comprising] in the map [shall be stated on each of the sheets,] and its relation to each adjoining sheet .
κ1985 Statutes of Nevada, Page 897 (CHAPTER 295, AB 194)κ
, [of the sheet and] the total number of sheets [comprising] in the map [shall be stated on each of the sheets,] and its relation to each adjoining sheet . [shall be clearly shown.]
5. The final map [shall] must show all [survey] surveyed and mathematical information and data necessary to locate all monuments [,] and to locate and retrace [any and] all interior and exterior boundary lines appearing thereon, including the bearings and distances of straight lines, central angle , [and] radii and arc length for all curves [,] and such information as may be necessary to determine the location of the centers of curves.
6. Each lot [shall] must be numbered in sequence.
7. Each street [shall] must be named [.
8. Each block shall] and each block must be numbered or lettered.
[9.] 8. The exterior boundary of the land included within the subdivision [shall] must be indicated by graphic border.
[10.] 9. The map [shall] must show the definite location of the subdivision, [and] particularly its relation to surrounding surveys.
10. The final map must show the area of each lot and the total area of the land in the subdivision in the following manner:
(a) In acres, calculated to the nearest one-hundredth of an acre, if the area is 2 acres or more; or
(b) In square feet if the area is less than 2 acres.
11. The final map [shall] must also satisfy any additional survey and map requirements of the local ordinance.
Sec. 9. NRS 278.466 is hereby amended to read as follows:
278.466 1. The parcel map [shall] must be legibly drawn in black waterproof india ink on tracing cloth or produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession. The size of each sheet [shall] must be 24 by 32 inches. A marginal line [shall] must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.
2. A parcel map [shall] must indicate the owner of any adjoining land, or any right of way if owned by the person dividing the land.
3. A parcel map must show the area of each parcel or lot and the total area of the land to be divided in the following manner:
(a) In acres, calculated to the nearest one-hundredth of an acre, if the area is 2 acres or more; or
(b) In square feet if the area is less than 2 acres.
4. If a survey is required, the parcel map [shall] must show:
(a) All monuments found, set, reset, replaced or removed, describing their kind, size and location [,] and giving other data relating thereto.
(b) Bearing or witness monuments, the basis of bearings, bearing and length of lines and the scale of the map.
(c) [Name] The name and legal designation of the tract or grant in which the survey is located and any ties to adjoining tracts.
(d) [Memorandum] A memorandum of oaths.
κ1985 Statutes of Nevada, Page 898 (CHAPTER 295, AB 194)κ
(e) [Signature] The signature of the surveyor.
(f) Date of the survey.
(g) [Signature] The signature of the owner or owners of the land to be divided.
(h) Any easements granted or dedications made.
(i) Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines and area shown.
[4.] 5. If a survey is not required, the parcel map [shall] must show:
(a) By appropriate reference to the existing information on which it is based, the tract to be divided and the resulting lots;
(b) The means of access to the several lots;
(c) The signature of the owner or owners of the land to be divided;
(d) Any easements granted or dedications made; and
(e) Any other data necessary for an intelligent interpretation of the division and the access.
[5.] 6. If a survey is not required for the preparation of a parcel map, the map [shall] must be prepared by a registered land surveyor, but his certificate upon the map may include substantially the following:
This map was prepared from existing information (identifying it and stating where filed or recorded), and the undersigned assumes no responsibility for the existence of monuments or correctness of other information shown on or copied from any such prior document.
[6.] 7. If the requirement for a parcel map is waived, the governing body may specify by local ordinance the type and extent of information or mapping necessary for the land division.
[7.] 8. Reference to the parcel number and recording data of a recorded parcel map is a complete legal description of the land contained in such parcel.
Sec. 10. NRS 482.545 is hereby amended to read as follows:
482.545 It is unlawful for any person to commit any of the following acts:
1. To operate, or for the owner thereof knowingly to permit the operation of, upon a highway any motor vehicle, trailer or semitrailer which is not registered or which does not have attached thereto and displayed thereon the number of plate or plates assigned thereto by the department for the current period of registration or calendar year, subject to the exemption allowed in NRS 482.320 to 482.363, inclusive, 482.385 to 482.396, inclusive, and 482.420.
2. To move upon a highway any slide-in camper [or camper-shell] that does not have affixed on it the tax plate or sticker provided in NRS 361.5643, when the movement is by a vehicle not subject to the exemption allowed in NRS 482.320 to 482.363, inclusive, 482.385 to 482.396, inclusive, and 482.420.
κ1985 Statutes of Nevada, Page 899 (CHAPTER 295, AB 194)κ
3. To display, cause or permit to be displayed or to have in possession any certificate of registration, license plate, certificate of ownership or other document of title knowing it to be fictitious or to have been canceled, revoked, suspended or altered.
4. To lend to or knowingly permit the use of by one not entitled thereto any registration card or plate issued to the person so lending or permitting the use thereof.
5. To fail or to refuse to surrender to the department, upon demand, any registration card or plate which has been suspended, canceled or revoked as provided in this chapter.
6. To use a false or fictitious name or address in any application for the registration of any vehicle or for any renewal or duplicate thereof, or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in any such application. A violation of this subsection is a gross misdemeanor.
7. Knowingly to operate a vehicle which has an altered vehicle identification number, serial number, motor number, other distinguishing number or identification mark required for registration.
Sec. 11. NRS 625.350 is hereby amended to read as follows:
625.350 1. A record of survey [shall] must be a map legibly drawn in waterproof ink on tracing cloth or produced by the use of other materials of a permanent nature general used for such purpose in the engineering profession . [, the size to] The size of each sheet must be 24 inches by 32 inches.
2. A record of survey [shall] must show:
(a) All monuments found, set, reset or replaced, describing their kind, size and location [,] and giving other data relating thereto.
(b) Bearing or witness monuments, the basis of bearings, bearing and length of lines [,] and the scale of the map.
(c) [Name] The name and legal description of the tract in which the survey is located and any ties to adjoining tracts.
(d) [Tie] The tie to Coast and Geodetic Survey Control System, if points of the system are established in the area in which the survey is made.
(e) [Memorandum] A memorandum of oaths, if any.
(f) [Signature] The signature and seal of the surveyor.
(g) Dates of the survey.
(h) [Name] The name of the person or persons for whom the survey is made.
(i) Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines and areas shown.
3. If the land surveyed is described in terms of area, the record of the survey must show the area of the land surveyed in the following manner:
(a) In acres, calculated to the nearest one-hundredth of an acre, if the area is 2 acres or more; or
κ1985 Statutes of Nevada, Page 900 (CHAPTER 295, AB 194)κ
(b) In square feet if the area is less than 2 acres.
________
Assembly Bill No. 67Committee on Government Affairs
CHAPTER 296
AN ACT relating to fire; exempting small auditoriums from certain regulations on fire; and providing other matters properly relating thereto.
[Approved May 27, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 477.160 is hereby amended to read as follows:
477.160 1. The owner or operator of every building or portion of a building used for public assembly:
(a) Which has a room or rooms which have a total floor area of more than 5,000 square feet and which are used for public assembly, within a building with a total floor area of 12,000 square feet or more, shall install automatic sprinklers for protection from fire as required by regulation of the state fire marshal, except in those areas where the authority waives this requirement. The authority may waive this requirement for any space which is separated from this area by construction whose resistance to fire has been approved by the authority.
(b) Which is certified for occupancy by more than 300 persons shall:
(1) Use interior finishes in the areas used for public assembly which comply with chapter 42 of the 1979 edition of the Uniform Building Code as it relates to retarding the spread of fire;
(2) Install automatic sprinklers in the areas used for public assembly for protection from fire as required by regulations adopted by the state fire marshal; or
(3) Apply a flame-retarding solution which has been approved by the authority and will produce an interior finish equal to that required by subparagraph (1).
2. For the purposes of this section, a building or a portion of a building is used for public assembly if 50 or more persons assemble there for any purpose other than in the normal course of their employment.
3. The provisions of this section do not apply to:
(a) Churches and buildings associated with them;
(b) Meeting halls of fraternal organizations;
(c) Gymnasiums which belong to schools or other nonprofit organizations; and
(d) Any other area which:
(1) Is at ground level;
(2) Has no public area more than 100 feet from an outside exit;
(3) Limits occupancy to 50 persons per 1,000 square feet [;] or, in the case of an auditorium, has permanent seating capacity for less than 1,000 persons;
κ1985 Statutes of Nevada, Page 901 (CHAPTER 296, AB 67)κ
the case of an auditorium, has permanent seating capacity for less than 1,000 persons;
(4) Is not more than two stories in height; and
(5) Contains no areas regularly used for sleeping or living,
if the area complies with the requirements set by the authority for interior finishes in all areas and for smoke-detectors and domestic fire sprinklers in hazardous areas.
________
Assembly Bill No. 370Committee on Health and Welfare
CHAPTER 297
AN ACT relating to food and drink establishments; exempting certain wholesale dealers of alcoholic beverages from regulation as such an establishment; and providing other matters properly relating thereto.
[Approved May 27, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 446.020 is hereby amended to read as follows:
446.020 1. [Food] Except as limited by subsection 2, food establishment means any place, structure, premises, vehicle or vessel, or any part thereof, in which any food intended for ultimate human consumption is manufactured or prepared by any manner or means whatever, or in which any food is sold, offered or displayed for sale [,] or served.
2. The [definition] term does not include:
(a) Private homes ; [.]
(b) Fraternal or social clubhouses [attendance] at which attendance is limited to [club members.] members of the club;
(c) Vehicles [operating on] operated by common carriers engaged in interstate commerce ; [.]
(d) Premises [on] in which religious, charitable and other nonprofit organizations sell food for the purpose of raising [funds or on] money or in which charitable organizations receive [salvage] salvaged food in bulk quantities for [the purpose of] free distribution ; [.]
(e) Any [slaughter] establishment where animals are slaughtered which is regulated and inspected by the state department of agriculture [.
(f) Milk and milk products plants, frozen dessert plants and dairy farms] ;
(f) Dairy farms and plants which process milk and products of milk or frozen desserts which are regulated [by] under chapter 584 of NRS [.] ; or
(g) The premises of a wholesale dealer of alcoholic beverages licensed under chapter 369 of NRS who handles only those beverages which are in sealed containers.
κ1985 Statutes of Nevada, Page 902 (CHAPTER 297, AB 370)κ
licensed under chapter 369 of NRS who handles only those beverages which are in sealed containers.
________
Assembly Bill No. 624Committee on Ways and Means
CHAPTER 298
AN ACT making an appropriation to the commission on economic development to attract the construction of an atomic particle accelerator in Nevada; and providing other matters properly relating thereto.
[Approved May 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 to the commission on economic development the sum of $250,000 for its project to attract the construction of an atomic particle accelerator in Nevada.
Sec. 2. The commission on economic development shall coordinate and assemble a single application for the state which may include one or more proposed locations for an atomic particle accelerator in Nevada.
Sec. 3. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 40Assemblymen Schofield, Jeffrey, Thompson, Banner, Kerns and Getto
CHAPTER 299
AN ACT relating to hazardous waste; requiring a manifest for its transportation; allowing the use of certain money for cleaning certain sites of contamination; requiring reimbursement of the money; reinforcing local regulation of certain activities; reducing the requirement of confidentiality; providing penalties; and providing other matters properly relating thereto.
[Approved May 27, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 444 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 903 (CHAPTER 299, AB 40)κ
Sec. 2. It is unlawful for any person to transport hazardous waste:
1. Without a manifest that complies with regulations adopted by the commission;
2. That does not conform to the description of the waste specified in the manifest;
3. In a manner that does not conform to the manner of shipment described in the manifest; or
4. To a facility that has not been issued a permit to treat, store or dispose of the hazardous waste described in the manifest.
Sec. 3. 1. Except as otherwise provided in subsection 2, the money in the fund for the management of hazardous waste may be expended only to pay the costs of the continuing observation or other management of hazardous waste.
2. If the person responsible for spilling hazardous waste does not act promptly and appropriately to clean and decontaminate the affected area properly, and if his inaction presents an imminent and substantial hazard to human health, public safety or the environment, money from the fund may be expended to pay the costs of:
(a) Responding to a spill of or an accident involving hazardous waste;
(b) Coordinating the efforts of state, local and federal agencies responding to a spill of or an accident involving hazardous waste;
(c) Managing the cleaning and decontamination of an area for the disposal of hazardous waste or the site of a spill or an accident involving hazardous waste; or
(d) Removing or contracting for the removal of hazardous waste which presents an imminent danger to human health, public safety or the environment.
3. The director shall demand reimbursement of the fund for money expended pursuant to subsection 2 from any person who is responsible for the accident or spill, or who owns or controls the hazardous waste or the area used for the disposal of the waste. Payment of the reimbursement is due within 20 days after the person receives notice from the director of the amount due. The director shall impose an administrative penalty of not more than 5 percent of the amount of the reimbursement for each day the amount remains unpaid after the date the payment for reimbursement is due.
4. At the request of the director, the attorney general shall seek recovery by legal action of the amount of any unpaid reimbursement and penalty.
Sec. 4. NRS 444.748 is hereby amended to read as follows:
444.748 1. The commission shall adopt regulations for the granting, renewal, modification, suspension, revocation and denial of permits.
2. If the local government within whose territory a facility for the treatment, storage or disposal of hazardous waste is to be located requires that a special use permit or other authorization be obtained for such a facility or activity, the application to the department for a permit to operate such a facility must show that local authorization has been obtained.
κ1985 Statutes of Nevada, Page 904 (CHAPTER 299, AB 40)κ
to operate such a facility must show that local authorization has been obtained.
3. Permits may contain terms and conditions which the department considers necessary and which conform to the provisions of regulations adopted by the commission.
[3.] 4. Permits may be issued for any period not more than 5 years.
[4.] 5. The department may suspend or revoke a permit pursuant to the commissions regulations if the holder of the permit fails or refuses to comply with the terms of the permit or a regulation of the commission relating to hazardous waste.
Sec. 5. NRS 444.752 is hereby amended to read as follows:
444.752 All proceeds from agreements entered into pursuant to NRS 444.742, all reimbursements and penalties recovered pursuant to section 3 of this act and all fees collected, all civil penalties imposed and all interest accrued pursuant to NRS 444.700 to 444.778, inclusive, must be deposited with the state treasurer for credit to the fund for the management of hazardous waste, which is hereby created as a special revenue fund. The money in the fund [may be expended only to pay for the costs of monitoring or other management of hazardous waste, and] must be paid as other claims against the state are paid.
Sec. 6. NRS 444.762 is hereby amended to read as follows:
444.762 1. Except as otherwise provided in this section, information which the department obtains in the course of the performance of its duties relating to hazardous waste is public information.
2. Any information which specifically relates to [:
(a) The] the trade secrets [,] of any person, including any processes, operations, style of work or apparatus , [of any person; or
(b) The identity, confidential statistical information, amount or source of any income, profits, losses or expenditures of any particular person,] is confidential whenever it is established to the satisfaction of the director that the information is entitled to protection as a trade secret. In determining whether the information is entitled to [such] protection, the director shall consider, among other things, whether the disclosure of that information would tend to affect adversely the competitive position of the informations owner.
3. Any information which is confidential under subsection 2 may be disclosed to any officer, employee or authorized representative of this state or the United States if:
(a) He is engaged in carrying out the provisions of NRS 444.700 to 444.778, inclusive [; or] , or the provisions of federal law relating to hazardous waste; or
(b) The information is relevant in any judicial proceeding or adversary administrative proceeding under NRS 444.700 to 444.778, inclusive, or under the provisions of federal law relating to hazardous waste, and is admissible under the rules of evidence.
Sec. 7. NRS 444.776 is hereby amended to read as follows:
444.776 Any person who:
κ1985 Statutes of Nevada, Page 905 (CHAPTER 299, AB 40)κ
1. Knowingly makes any false statement, representation or certification on any application, record, report, manifest, plan or other document filed or required to be maintained by any provision of NRS 444.700 to 444.764, inclusive, section 2 of this act or by any regulation adopted or permit or order issued pursuant to those sections; or
2. Falsifies, tampers with or knowingly renders inaccurate any [monitoring] device or method for continuing observation required by a provision of NRS 444.700 to 444.764, inclusive, or by any regulation adopted or permit or order issued pursuant to those sections,
shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $10,000, or by both fine and imprisonment. Each day the false document remains uncorrected or a device or method described in subsection 2 remains inaccurate constitutes a separate violation of this section for purposes of determining the maximum fine.
Sec. 8. NRS 444.778 is hereby amended to read as follows:
444.778 Any person who, intentionally or with criminal negligence, violates section 2 of this act, subsection 1 of NRS 444.746, any term or condition of a permit issued pursuant to NRS 444.748 or an order issued by the department relating to hazardous waste:
1. For the first violation, shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $25,000 for each day of the violation, or by both fine and imprisonment.
2. For a second or subsequent violation, shall be punished by imprisonment in the state prison for not less than 1 year or more than 6 years, or by a fine of not more than $50,000 for each day of the violation, or by both fine and imprisonment.
Sec. 9. NRS 444.754 is hereby repealed.
________
Senate Bill No. 324Committee on Human Resources and Facilities
CHAPTER 300
AN ACT relating to medical care; requiring institutions and practitioners to render bills in understandable language; including certain costs in the information provided to a patient to obtain his informed consent; and providing other matters properly relating thereto.
[Approved May 28, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 449.243 is hereby amended to read as follows:
449.243 Every hospital licensed pursuant to the provisions of NRS 449.001 to 449.240, inclusive:
κ1985 Statutes of Nevada, Page 906 (CHAPTER 300, SB 324)κ
1. May, except as provided in subsection 2, utilize the Uniform Billing and Claims Forms established by the American Hospital Association.
2. Shall, on its billings to patients, itemize , on a daily basis, all charges for services, equipment, supplies and medicines and describe those charges with specificity and in language that is understandable to an ordinary lay person. This itemized billing must be timely provided after the patient is discharged at no additional cost . [and the] The hospital shall answer any questions regarding the bill.
3. Shall prepare a summary of charges for common services for patients admitted to the hospital and make it available to the public.
Sec. 2. NRS 449.710 is hereby amended to read as follows:
449.710 Every patient of a health and care facility has the right to:
1. Receive information concerning any other health and care or educational facility associated with the facility at which he is a patient which relates to his care.
2. Obtain information concerning the professional qualifications or associations of the persons who are treating him.
3. Receive the name of the person responsible for coordinating his care in the facility.
4. Be advised if the facility in which he is a patient proposes to perform experiments on patients which affect his own care or treatment.
5. Receive from his physician a complete and current description of his diagnosis, plan for treatment and prognosis in terms which he is able to understand. If it is not medically advisable to give this information to the patient, the physician shall:
(a) Provide the information to an appropriate person responsible for the patient; and
(b) Inform that person that he shall not disclose the information to the patient.
6. Receive from his physician the information necessary for him to give his informed consent to a procedure or treatment. Except in an emergency, this information must not be limited to a specific procedure or treatment and must include:
(a) A description of the significant medical risks involved;
(b) Any information on alternatives to the treatment or procedure if he requests that information; [and]
(c) The name of the person responsible for the procedure or treatment [.] ; and
(d) The costs likely to be incurred for the treatment or procedure and any alternative treatment or procedure.
7. Examine the bill for his care and receive an explanation of the bill, whether or not he is personally responsible for payment of the bill.
8. Know the facilitys regulations concerning his conduct at the facility.
Sec. 3. Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:
κ1985 Statutes of Nevada, Page 907 (CHAPTER 300, SB 324)κ
Each provider of health care shall, on his bill to a patient, itemize all charges for services, equipment, supplies and medicines provided for the patient in terms which the patient is able to understand. The bill must be timely provided after the charge is incurred at no additional cost to the patient.
________
Assembly Bill No. 340Committee on Judiciary
CHAPTER 301
AN ACT relating to criminal procedure; reallocating the administrative assessment imposed on a person guilty of a misdemeanor; requiring certain courts to use amounts allocated to them to improve the operation of the court; and providing other matters properly relating thereto.
[Approved May 28, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176.059 is hereby amended to read as follows:
176.059 1. When a defendant pleads or is found guilty of a misdemeanor, including the violation of any municipal ordinance, except one regulating metered parking, the justice or judge shall include in the sentence the sum of $10 as an administrative assessment and render a judgment against the defendant for the assessment.
2. The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the courts docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dropped, the money deposited with the court must be returned to the defendant.
3. The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the 5th day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each $10 received:
(a) [Six] Seven dollars to the state treasurer for credit to a special account in the state general fund.
(b) One dollar to the county treasurer for credit to a special account in the county general fund for the use of the countys juvenile court or for services to juvenile offenders.
(c) [Three] Two dollars for credit to a special account in the municipal general fund for the use of the municipal courts.
4. The money collected for administrative assessments in justices courts must be paid by the clerk of the court to the county treasurer on or before the 5th day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each $10 received:
κ1985 Statutes of Nevada, Page 908 (CHAPTER 301, AB 340)κ
county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each $10 received:
(a) [Six] Seven dollars to the state treasurer for credit to a special account in the state general fund.
(b) One dollar for credit to a special account in the county general fund for the use of the countys juvenile court or for services for juvenile offenders.
(c) [Three] Two dollars for credit to a special account in the county general fund for the use of the justices courts.
5. The money apportioned to a juvenile court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operation of the court and to acquire a computer or the use of one.
Sec. 2. NRS 176.061 is hereby amended to read as follows:
176.061 The state controller shall distribute the money received to the following public agencies in the following amounts for each [$6] $7 received, up to the amount authorized by the legislature:
1. [Five] Six dollars to the office of the court administrator for allocation as follows:
(a) [Two dollars] One dollar for the administration of the courts.
(b) [Two dollars] One dollar for the development of a uniform system for judicial records.
(c) One dollar for continuing judicial education.
(d) Three dollars for the supreme court.
2. One dollar for the peace officers standards and training committee of the department of motor vehicles to be used for the continuing education of persons whose primary duty is law enforcement. Any amounts received in excess of the amounts authorized for expenditure must be deposited to the credit of the state general fund.
________
Senate Bill No. 292Senators Wagner, Bilbray, Foley, Glover, Hickey, Horn, Jacobsen, Mello, OConnell, Raggio, Rawson, Redelsperger, Rhoads, Robinson, Ryan and Townsend
CHAPTER 302
AN ACT relating to motor vehicles; requiring the department of motor vehicles to review the eligibility of persons holding special plates or special parking permits for the physically handicapped; and providing other matters properly relating thereto.
[Approved May 28, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.384 is hereby amended to read as follows:
482.384 1. The department may issue special plates to any person who owns a motor vehicle, other than a commercial vehicle, and has a permanent physical handicap which impairs his mobility when not in a motor vehicle.
κ1985 Statutes of Nevada, Page 909 (CHAPTER 302, SB 292)κ
permanent physical handicap which impairs his mobility when not in a motor vehicle.
2. The department may issue a special parking permit to any person who:
(a) Owns or does not own a motor vehicle;
(b) Has a permanent physical handicap which impairs his driving ability and impairs his mobility when not in a motor vehicle; and
(c) Has need to be driven by another person to a destination in a motor vehicle,
or to any organization which provides transportation for such a person.
3. The department may make such regulations as are necessary to ascertain eligibility for such special parking permits and special plates.
4. Applications for special parking permits or special plates for physically handicapped persons must be made to the department on forms provided by the department which must require information necessary to determine the applicants eligibility for a permit or special plates for physically handicapped persons and must be accompanied by a certificate from a licensed physician describing the character and extent of the applicants disability or the general nature of the disabilities of any persons for whom an organization will provide transportation.
5. Physically handicapped persons shall pay the regular motor vehicle registration fee as prescribed by this chapter. No additional fee may be charged for special parking permits or special plates.
6. Except as provided in this subsection, only one special parking permit or one set of special plates for physically handicapped persons may be issued to any eligible applicant in any one registration period. An organization which will provide transportation for others may obtain one permit for each person so engaged or vehicle to be used.
7. Each set of special plates for physically handicapped persons issued pursuant to this section expires at the end of the last registration month of the registration period for which it was issued.
8. Permits or special plates issued pursuant to this section do not authorize parking in any area on a highway where parking is prohibited by law.
9. Special plates issued pursuant to this section must be of a design determined by the department.
10. No person, other than the physically handicapped person or a person actually transporting the physically handicapped person, may use the special parking permit or special plates issued to [such] the handicapped person for the purpose of obtaining the special parking privileges available under this section.
11. Any person who violates the provisions of subsection 10 is guilty of a misdemeanor.
12. The department shall review the eligibility of each holder of a special parking permit or special plates at least once every 2 years.
κ1985 Statutes of Nevada, Page 910 (CHAPTER 302, SB 292)κ
Upon a determination of ineligibility by the department, the holder shall surrender the permit or plates to the department.
________
Assembly Bill No. 494Assemblymen Jeffrey, Thomas, Price, Sedway, Swain, Sader, Williams, Zimmer, Schofield, Kerns, Stone, Rader, Thompson, Tebbs, Arberry, Coffin, Craddock, Dini and Joerg
CHAPTER 303
AN ACT relating to taxes on retail sales; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to require a contractor to pay tax on the full value of materials he fabricates for use under the contract; amending certain analogous taxes; and providing other matters properly relating thereto.
[Approved May 28, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. At the general election on November 4, 1986, a proposal must be submitted to the registered voters of this state to amend the Sales and Use Tax Act, which was enacted by the 47th session of the legislature of the State of Nevada and approved by the governor in 1955, and subsequently approved by the people of this state at the general election held on November 6, 1956.
Sec. 2. At the time and in the manner provided by law, the secretary of state shall transmit the proposed act to the several county clerks, and the county clerks shall cause it to be published and posted as provided by law.
Sec. 3. The proclamation and notice to the voters given by the county clerks pursuant to law must be in substantially the following form:
Notice is hereby given that at the general election on November 4, 1986, a question will appear on the ballot for the adoption or rejection by the registered voters of the state of the following proposed act:
AN ACT to amend an act entitled An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto, approved March 29, 1955, as amended.
the people of the state of nevada do enact as follows:
Section 1. The above entitled act, being chapter 397, Statutes of Nevada 1955, at page 762, is hereby amended by adding thereto a new section to be designated as section 51.5, immediately following section 51, to read as follows:
Sec. 51.5. When a contractor fabricates material for use in constructing any building or other improvement to real property, the taxes imposed by this chapter must be based upon the value of the material as fabricated, as if the contractor were purchasing it from another, and the tax must be paid by the contractor as if he were selling it to another.
κ1985 Statutes of Nevada, Page 911 (CHAPTER 303, AB 494)κ
property, the taxes imposed by this chapter must be based upon the value of the material as fabricated, as if the contractor were purchasing it from another, and the tax must be paid by the contractor as if he were selling it to another.
Sec. 2. This act becomes effective on January 1, 1987.
Sec. 4. The ballot page assemblies and the paper ballots to be used in voting on the question must present the question in substantially the following form:
Shall the Sales and Use Tax Act be amended to provide that when a contractor fabricates his own materials he must pay the tax on the value of those materials after fabrication?
Sec. 5. The explanation of the question which must appear on each paper ballot and sample ballot and in every publication and posting of notice of the question must be in substantially the following form:
(Explanation of Question)
The proposed amendment to the Sales and Use Tax Act would provide that a contractor who fabricates materials for his own use in constructing a building must pay the same tax as if he bought the materials from someone else.
Sec. 6. If a majority of the votes cast on the question is yes, the amendment to the Sales and Use Tax Act of 1955 becomes effective on January 1, 1987. If a majority of votes cast on the question is no, the question fails and the amendment to the Sales and Use Tax Act of 1955 does not become effective.
Sec. 7. All general election laws not inconsistent with this act are applicable.
Sec. 8. Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act and by the general election laws under which this election is held must be so construed as not to invalidate the adoption of the act by a majority of the registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether the proposed amendment was adopted or rejected by a majority of those registered voters.
Sec. 9. Chapter 374 of NRS is hereby amended by adding thereto a new section to real as follows:
When a contractor fabricates material for use in constructing any building or other improvement to real property, the taxes imposed by this chapter must be based upon the value of the material as fabricated, as if the contractor were purchasing it from another, and the tax must be paid by the contractor as if he were selling it to another.
________
κ1985 Statutes of Nevada, Page 912κ
Assembly Bill No. 186Assemblymen Swain, Rader, Arberry, Ham, Roberts, Joerg, Zimmer, Malone, Sader, ODonnell, Williams, Little and Stone
CHAPTER 304
AN ACT relating to records of criminal history; creating a central repository within the department of motor vehicles; requiring submission to the repository of records by certain agencies; and providing other matters properly relating thereto.
[Approved May 28, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 179A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Central repository means the central repository for Nevada records of criminal history.
Sec. 3. 1. The central repository for Nevada records of criminal history is hereby created within the Nevada highway patrol division of the department of motor vehicles.
2. Each agency of criminal justice shall submit the records of criminal history it collects to the division in the manner prescribed by the director of the department of motor vehicles. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the division. The division shall delete all references in the central repository relating to that particular arrest.
3. The division shall:
(a) Collect, maintain and arrange all records of criminal history submitted to it; and
(b) Use a record of the subjects fingerprints as the basis for any records maintained regarding him.
4. The division may:
(a) Disseminate any information which is contained in the central repository to any other agency of criminal justice; and
(b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of such information.
Sec. 4. NRS 179A.060 is hereby amended to read as follows:
179A.060 Dissemination means disclosing records of criminal history or the absence of records of criminal history to a person or agency outside the organization which has control of the information . [, except:
1. Disclosure of records of criminal history among agencies which maintain a system for the mutual exchange of criminal records.
2. Furnishing of information by one agency to another for the purpose of administering the system of criminal justice, including the furnishing of information by a police department to a district attorney.
3. Reporting an event to a repository of Nevada records of criminal history.]
κ1985 Statutes of Nevada, Page 913 (CHAPTER 304, AB 186)κ
Sec. 5. NRS 179A.080 is hereby amended to read as follows:
179A.080 The director of the department of motor vehicles is responsible for administering this chapter and may adopt regulations for that purpose. The director shall:
1. [Establish] Adopt regulations for the security of the [system of Nevada records of criminal history] central repository so that it is adequately protected from fire, theft, loss, destruction, other hazards and unauthorized access.
2. Adopt regulations and standards for personnel employed by agencies of criminal justice in positions of responsibility for maintenance and dissemination of records of criminal history.
3. Provide for audits of [information] informational systems by qualified public or private agencies, organizations or persons.
Sec. 6. NRS 179A.090 is hereby amended to read as follows:
179A.090 No agency of criminal justice in Nevada [which has a cooperative agreement with a repository of Nevada records of criminal history] may disseminate any record of criminal history which includes information about a felony or a gross misdemeanor without first making inquiry of the central repository , [of Nevada records of criminal history,] to obtain the most current and complete information available, unless:
1. The information is needed for a purpose in the administration of criminal justice for which time is essential, and the central repository [of Nevada records of criminal history] is not able to respond within the required time;
2. The full information requested and to be disseminated relates to specific facts or incidents which are within the direct knowledge of an officer, agent or employee of the agency which disseminates the information;
3. The full information requested and to be disseminated was received as part of a summary of records of criminal history from the [Nevada records of criminal history information] central repository within 30 days before the information is disseminated;
4. The statute, executive order, court rule or court order under which the information is to be disseminated refers only to information which is in the files of the agency which makes the dissemination;
5. The information requested and to be disseminated is for the express purpose of research, evaluation or statistical activities to be based upon information maintained in the files of the agency or agencies from which the information is sought; or
6. The information is requested by a compensation officer of the state board of examiners pursuant to NRS 217.090.
Sec. 7. NRS 179A.100 is hereby amended to read as follows:
179A.100 1. [Records] The following records of criminal history [which reflect conviction records only] may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter [.
κ1985 Statutes of Nevada, Page 914 (CHAPTER 304, AB 186)κ
2. A record of criminal history which pertains] :
(a) Any which reflect records of conviction only; and
(b) Any which pertain to an incident for which a person is currently within the system of criminal justice, including parole or probation . [, may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter.]
2. Without any restriction pursuant to this chapter, a record of criminal history or the absence of such a record may be:
(a) Disclosed among agencies which maintain a system for the mutual exchange of criminal records.
(b) Furnished by one agency to another to administer the system of criminal justice, including the furnishing of information by a police department to a district attorney.
(c) Reported to the central repository.
3. An agency of criminal justice [must] shall disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee which:
(a) Reflect convictions only; or
(b) Pertain to an incident for which the prospective employee is currently within the system of criminal justice, including parole or probation.
4. Records of criminal history must be disseminated by an agency of criminal justice upon request, to the following persons or governmental entities for the following purposes:
(a) The person who is the subject of the record of criminal history for the purposes of NRS 179A.150.
(b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.
(c) The gaming control board.
(d) Any agency of criminal justice of the United States or of another state or the District of Columbia.
(e) Any public utility subject to the jurisdiction of the public service commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.
(f) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local [officials] officers or agencies.
(g) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.
κ1985 Statutes of Nevada, Page 915 (CHAPTER 304, AB 186)κ
(h) Any reporter for the electronic or printed media in his professional capacity for communication to the public.
(i) Prospective employers if the person who is the subject of the information has given written consent to the agency which maintains the information.
(j) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.
5. Agencies of criminal justice in this state which receive information from sources outside the state concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the laws of the state or other jurisdiction from which the information was received.
Sec. 8. NRS 179A.140 is hereby amended to read as follows:
179A.140 1. Agencies of criminal justice may charge a reasonable fee for any Nevada records of criminal history furnished to any person or governmental entity except another agency of criminal justice.
2. All money received or collected by the department of motor vehicles pursuant to this section must be used to defray the cost of operating the central repository.
Sec. 9. NRS 179A.150 is hereby amended to read as follows:
179A.150 1. [Each] The central repository and each state, municipal, county or metropolitan police agency shall permit a person, who is or believes he may be the subject of a record of criminal history maintained by that agency, to appear in person during normal business hours of the agency and inspect any recorded information held by that agency pertaining to him. This right of access does not extend to data contained in intelligence, investigative or other related files, and does not include any information other than that defined as a record of criminal history.
2. Each such agency shall adopt regulations and make available necessary forms to permit inspection and review of Nevada records of criminal history by those persons who are the subjects thereof. The regulations must specify:
(a) The reasonable periods of time during which the records are available for inspection;
(b) The requirements for proper identification of the persons seeking access to the records; and
(c) The reasonable charges or fees, if any, for inspecting records.
3. [All law enforcement agencies which maintain communications with the repository of Nevada records of criminal history] Each such agency shall procure for and furnish to any person who requests it [,] and pays a reasonable fee therefor, all of the information contained in [its records of criminal history] the central repository which pertains to the person making the request.
4. The director of the department of motor vehicles shall adopt regulations governing:
(a) All challenges to the accuracy or sufficiency of records of criminal history by the person who is the subject of the allegedly inaccurate or insufficient record;
κ1985 Statutes of Nevada, Page 916 (CHAPTER 304, AB 186)κ
history by the person who is the subject of the allegedly inaccurate or insufficient record;
(b) The correction of any record of criminal history found by the director to be inaccurate, insufficient or incomplete in any material respect;
(c) The dissemination of corrected information to those persons or agencies which have previously received inaccurate or incomplete information; and
(d) A time limit of not more than 90 days within which an inaccurate or insufficient record of criminal history must be corrected and the corrected information disseminated. The corrected information must be sent to each person who requested the information in the 12 months preceding the date on which the correction was made, to the address given by each person who requested the information when the request was made.
Sec. 10. NRS 179A.160 is hereby amended to read as follows:
179A.160 At any time after a date 5 years after the arrest of a person, or after 5 years after the date of issuance of a citation or warrant, for an offense for which the person was acquitted or which ended in a disposition favorable to the person, the person who is the subject of a record of criminal history relating to the arrest, citation or warrant may apply in writing to the central repository and the agency which maintains the record to have it removed from the files which are available and generally searched for the purpose of responding to inquiries concerning the criminal history of a person. The central repository and the agency shall remove the record unless:
1. The defendant is a fugitive.
2. The case is under active prosecution according to a current certificate of a prosecuting attorney.
3. The disposition of the case was a deferred prosecution, plea bargain or other similar disposition.
4. The person who is the subject of the record has a prior conviction for a felony or gross misdemeanor in any jurisdiction in the United States.
5. The person who is the subject of the record has been arrested for or charged with another crime, other than a minor traffic violation, during the 5 years since the arrest, citation or warrant which he seeks to have removed from the record.
This section does not restrict the authority of a court to order the deletion or modification of a record in a particular cause or concerning a particular person or event.
Sec. 11. NRS 481.140 is hereby amended to read as follows:
481.140 The Nevada highway patrol [must be] is composed of the following personnel appointed by the director of the department of motor vehicles:
1. One chief [.] ; and
2. Such number of inspectors [and patrolmen] , patrolmen and other employees as the director determines necessary to perform the duties set forth in NRS 481.180, within the limits of legislative appropriations therefor.
κ1985 Statutes of Nevada, Page 917 (CHAPTER 304, AB 186)κ
duties set forth in NRS 481.180, within the limits of legislative appropriations therefor.
[3. Such additional support personnel as may be necessary, within the limits of legislative appropriations therefor.]
Sec. 12. NRS 481.180 is hereby amended to read as follows:
481.180 The duties of the personnel of the Nevada highway patrol are:
1. To police the public highways of this state, and to enforce and to aid in enforcing thereon all the traffic laws of the State of Nevada. They have the powers of peace officers:
(a) When enforcing traffic laws; and
(b) With respect to all other laws of this state when:
(1) In the apprehension or pursuit of an offender or suspected offender;
(2) Making arrests for crimes committed in their presence or upon or adjacent to the highways of this state; or
(3) Making arrests pursuant to a warrant in the officers possession or communicated to him.
2. To investigate accidents on all primary and secondary highways within the State of Nevada resulting in personal injury, property damage or death, and to gather evidence for the purpose of prosecuting [the person or persons] any person guilty of any violation of the law contributing to the happening of such an accident.
3. To act as field agents and inspectors in the enforcement of the [motor vehicle registration law (chapter 482 of NRS).] provisions of chapter 482 of NRS relating to the registration of motor vehicles.
4. To act as field agents, inspectors and instructors in [carrying out the provisions of the operators licensing law (chapter 483 of NRS).] the enforcement of the provisions of chapter 483 of NRS relating to the licensing of operators of motor vehicles.
5. To act as field agents and inspectors [of the department of motor vehicles] in the enforcement of the [motor vehicle carrier law (chapter 706 of NRS).] provisions of chapter 706 of NRS relating to motor vehicle carriers.
6. To act as field agents and inspectors of the department of taxation in the enforcement of the [laws of this state] provisions of chapter 365 of NRS relating to the imposition and collection of taxes on gasoline used in and for motor vehicles on the public highways of this state . [(chapter 365 of NRS).]
7. To act as field agents and inspectors [of the department of motor vehicles] in the enforcement of the provisions of chapter 366 of NRS relating to the imposition and collection of taxes on special fuels used in and for motor vehicles on the public highways of this state.
8. To act as field agents and inspectors in the enforcement of the [laws] provisions of chapters 485, 486 and 487 of NRS relating to motor vehicle safety responsibility, motorcycles and garages, repair shops and parking [area keepers (chapters 485, 486 and 487 of NRS).] areas.
κ1985 Statutes of Nevada, Page 918 (CHAPTER 304, AB 186)κ
9. To enforce the [laws and regulations governing] provisions of chapter 408 of NRS relating to roadside parks and [safety] rest areas in this state . [(chapter 408 of NRS).]
10. To maintain the central repository for Nevada records of criminal history and to carry out the provisions of chapter 179A of NRS.
11. To perform such other duties in connection with [each and all of the above-specified duties, and consistent therewith,] and consistent with the duties listed in this section, as may be imposed by the director . [of the department of motor vehicles.]
________
Assembly Bill No. 457Committee on Health and Welfare
CHAPTER 305
AN ACT relating to protection from fire; exempting health and care facilities from the requirement of the automatic closing of doors under certain circumstances; and providing other matters properly relating thereto.
[Approved May 28, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 477.120 is hereby amended to read as follows:
477.120 1. [The] Except as otherwise provided in subsection 2, the owner or operator of any building, except a single-family detached dwelling, shall:
(a) Equip every exit corridor and other means of exit with emergency lighting of a type approved by the authority which permits the safe evacuation of the building.
(b) Except as otherwise provided by the authority, equip every door to an exit corridor which serves 30 or more occupants with a device, approved by the authority, which closes the door.
(c) Except as otherwise provided by the authority, immediately provide adequate facilities for exit.
(d) If the building has three stories or more, enclose every open stairway or vertical shaft with:
(1) Construction whose resistance to fire has been approved by the authority; or
(2) Alternate means approved by the authority which afford equivalent protection to life and property from fire.
2. [In determining whether to allow an exception to the requirement of a device which closes a door, the authority shall give special consideration to a request by a] A health and care facility [regarding the doors to patients rooms and consider, at least:
(a) The current design of applicable equipment;
(b) The preference of the local fire service;
(c) The size and duties of the staff of the facility; and
κ1985 Statutes of Nevada, Page 919 (CHAPTER 305, AB 457)κ
(d) Any resulting hardship to the owner or operator.] is exempt from the provisions of paragraph (b) of subsection 1 with regard to the door to a patients room if smoking in the patients room is prohibited or permitted only when:
(a) An employee of the facility is present; or
(b) Smoking material is wholly contained within a device designed for such use and approved by the state fire marshal.
3. Upon a showing of practical difficulty or unnecessary hardship, the authority may [allow an exception to the requirement] grant an exemption from the provisions of paragraph (c) of subsection 1 if it is clearly evident that the safe evacuation of the building will not be hindered thereby.
4. When [such an exception is allowed,] an exemption is granted pursuant to subsection 3, the authority shall record the details of and reasons for the [exception.] exemption.
________
Senate Bill No. 173Committee on Finance
CHAPTER 306
AN ACT making an appropriation to the department of prisons for equipment and capital improvements; and providing other matters properly relating thereto.
[Approved May 29, 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 prisons the sum of $3,237,224 for equipment and capital improvements.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1987, 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.
________
κ1985 Statutes of Nevada, Page 920κ
Senate Bill No. 237Senator Jacobsen
CHAPTER 307
AN ACT making an appropriation to the division of forestry of the state department of conservation and natural resources for equipment for honor camps and for other special equipment and vehicles; and providing other matters properly relating thereto.
[Approved May 29, 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 forestry of the state department of conservation and natural resources the sum of $1,848,998 to be used as follows:
For equipment for honor camps............................................... $1,598,998
For special equipment and vehicles........................................ 250,000
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1987, 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. 243Committee on Finance
CHAPTER 308
AN ACT making appropriations to various state agencies for the purchase of equipment and the development of systems of data processing; and providing other matters properly relating thereto.
[Approved May 29, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the state general fund to the bureau of vocational rehabilitation in the rehabilitation division of the department of human resources the sum of $200,000 for the design and programming of a system of data processing and the purchase of equipment therefor.
2. There is hereby appropriated from the state general fund to the budget division of the department of administration the sum of $117,000 for the design and programming of a system of data processing and the purchase of equipment therefor for the preparation of the budget of the executive department of state government.
3. There is hereby appropriated from the state general fund to the department of taxation the sum of $161,262 for the design and programming of a system of data processing and the purchase of equipment therefor.
κ1985 Statutes of Nevada, Page 921 (CHAPTER 308, SB 243)κ
Sec. 2. Any remaining balances of the appropriations made by section 1 of this act must not be committed for expenditure after June 30, 1987, and revert 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. 371Committee on Finance
CHAPTER 309
AN ACT making an appropriation to the department of prisons for equipment; and providing other matters properly relating thereto.
[Approved May 29, 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 prisons the sum of $549,736 for equipment.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1987, 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. 427Committee on Finance
CHAPTER 310
AN ACT making an appropriation for the repair of the governors mansion and for the purchase of equipment and carpet therefor; and providing other matters properly relating thereto.
[Approved May 29, 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 $6,796 for the cost of repairing the governors mansion and for the purchase of equipment and carpet therefor.
Sec. 2. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1987, 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.
________
κ1985 Statutes of Nevada, Page 922κ
Senate Bill No. 440Committee on Finance
CHAPTER 311
AN ACT making an appropriation to the legislative fund for the repair of the legislative building; and providing other matters properly relating thereto.
[Approved May 29, 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 the sum of $375,026 for the cost of repairing the legislative building.
________
Senate Bill No. 238Senators Wagner, Bilbray, Foley, Gibson, Glover, Hickey, Horn, Jacobsen, Mello, Neal, OConnell, Raggio, Rawson, Redelsperger, Rhoads, Robinson, Ryan, Shaffer, Townsend, Vergiels and Wilson
CHAPTER 312
AN ACT relating to group insurance for public employees; increasing the amount payable by the state for its retired employees; and providing other matters properly relating thereto.
[Approved May 29, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The budget division of the department of administration shall pay:
1. For the period from July 1, 1985, to December 31, 1985, $29.81 per month; and
2. For the period from January 1, 1986, to June 30, 1987, $34.81 per month,
toward the cost of the premiums of group insurance for retired employees of the state.
________
κ1985 Statutes of Nevada, Page 923κ
Senate Bill No. 340Committee on Finance
CHAPTER 313
AN ACT relating to the department of prisons; abolishing the prison residence fund and the prison warehouse fund; making technical changes to the offenders employment fund and the prisoners personal property fund; and providing other matters properly relating thereto.
[Approved May 29, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 209.215 is hereby amended to read as follows:
209.215 The offenders employment fund is hereby created as a [special revenue] trust fund. Into it must be deposited, for each offender, the net amount of any wages earned during incarceration, after any deductions made by the director. From it the director:
1. May permit withdrawals for immediate expenditure by the offender for personal needs.
2. Shall pay over to each offender upon his release any remaining balance in his individual account.
Sec. 2. NRS 209.241 is hereby amended to read as follows:
209.241 1. The director may accept money and valuables belonging to offenders at the time of their incarceration or afterward received by gift, inheritance or the like, for safekeeping pending their releases, and shall deposit [such] the money in the prisoners personal property fund, which is hereby created as a trust fund. He shall keep, or cause to be kept, a full and accurate account of [such] the money and valuables, and shall submit reports to the board relating to [such] the money and valuables as may be required from time to time.
2. The interest and income earned on the money in the fund, after deducting any applicable charges, must be credited to the fund.
Sec. 3. NRS 209.191 and 209.211 are hereby repealed.
Sec. 4. The state controller shall transfer:
1. The balance in the prison residence fund as of July 1, 1985, to the state general fund.
2. The assets and liabilities of the prison warehouse fund as of July 1, 1985, to the state general fund.
________
κ1985 Statutes of Nevada, Page 924κ
Senate Bill No. 372Committee on Finance
CHAPTER 314
AN ACT relating to public lands; authorizing the administrator of the division of state lands to convey certain land to the United States Forest Service in exchange for land on which the Clear Creek Youth Camp is situated; providing for an appraisal of those lands; making an appropriation from the state general fund for that appraisal; and providing other matters properly relating thereto.
[Approved May 29, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The administrator of the division of state lands may, on behalf of the State of Nevada, offer to convey to the United States Forest Service all of the right, title and interest of the State of Nevada in and to all or part of the parcel of land situated in Washoe County, State of Nevada, known as the Goulet parcel, as described more particularly in section 2 of this act, in exchange for a deed conveying to the State of Nevada all of the right, title and interest of the United States Forest Service in and to all or a part of the parcel of land situated in Carson City, State of Nevada, known as the Clear Creek Youth Camp, as described more particularly in section 3 of this act.
Sec. 2. The parcel which may be conveyed by the state is a portion of the Southwest Quarter of Section 11, Township 16 North, Range 18 East, M.D.B. & M., more particularly described as follows:
COMMENCING at the section corner common to Sections 2, 3, 10, and 11, Township 16 North, Range 18 East, M.D.B. & M; Thence South 27°54'38" East, a distance of 3703.63 feet to a six inch (6") concrete highway monument marking the Westerly right-of-way line of Nevada State Highway No. 27 Engineers Stations 204+86.43 P.T. and the TRUE POINT OF BEGINNING of this description; Thence following said Westerly right-of-way line of Nevada State Highway No. 27, South 03°55'00" West, a distance of 56.15 feet; Thence continuing along said Westerly right-of-way line of Nevada State Highway No. 27, along a tangent spiral curve to the left having a spiral angle of 17°57'00" and the chord to which bears South 02°23'40" East, a distance of 280.70 feet; Thence continuing along said Westerly right-of-way line of Nevada State Highway No. 27, along the arc of a tangent curve to the left having a radius of 500.00 feet, a central angle of 10°31'40" and the tangent to which bears South 14°02'00" East, a distance of 46.07 feet, an arc distance of 91.87 feet; Thence leaving said Westerly right-of-way line of Nevada State Highway No. 27, South 65°26'20" West, a distance of 261.20 feet; Thence North 77°49'29" West, a distance of 172.31 feet; Thence along the arc of a tangent curve to the right having a radius of 125.00 feet and a central angle of 60°17'30", an arc distance of 131.54 feet; Thence North 17°31'59" West, a distance of 180.12 feet; Thence along the arc of a tangent curve to the right having a radius of 150.00 feet and a central angle of 81°23'53", an arc distance of 213.10 feet; Thence North 63°51'54" East, a distance of 310.13 feet; Thence along the arc of a tangent curve to the left having a radius of 150.00 feet and a central angle of 28°08'42", an arc distance of 73.68 feet; Thence North 35°43'12" East, a distance of 186.37 feet to a point on said Westerly right-of-way line of Nevada State Highway No.
κ1985 Statutes of Nevada, Page 925 (CHAPTER 314, SB 372)κ
a radius of 150.00 feet and a central angle of 81°23'53", an arc distance of 213.10 feet; Thence North 63°51'54" East, a distance of 310.13 feet; Thence along the arc of a tangent curve to the left having a radius of 150.00 feet and a central angle of 28°08'42", an arc distance of 73.68 feet; Thence North 35°43'12" East, a distance of 186.37 feet to a point on said Westerly right-of-way line of Nevada State Highway No. 27; Thence following said Westerly right-of-way line of Nevada State Highway No. 27, along the arc of a curve concave Westerly having a radius of 1100.00 feet, a central angle of 03°05'42" and the tangent to which bears South 04°34'42" East, a distance of 29.72 feet, an arc distance of 59.42 feet; Thence continuing along said Westerly right-of-way line of Nevada State Highway No. 27 along a tangent spiral curve to the right having a spiral angle of 05°24'00" and the chord to which bears South 02°09'22" West, a distance of 216.68 feet to the TRUE POINT OF BEGINNING of this description. Basis of Bearings: Nevada Coordinate System. Containing 6.1 acres, more or less. Together with all appurtenant easements.
Sec. 3. The parcel to be conveyed by the United States Forest Service is the East Half of the Southeast Quarter of section 33 and the Southwest Quarter of the Southwest Quarter of section 34, Township 15 North, Range 19 East, M.D.B. & M., containing approximately 120 acres, together with all appurtenant easements, improvements and water rights.
Sec. 4. Before the exchange takes place, the value of the lands described in sections 2 and 3 of this act must be established by an appraiser chosen by mutual agreement of the parties. If the parcel described in section 2 of this act is appraised at a value less than the value of the parcel to be acquired, as described in section 3, the administrator of the division of state lands may, with the approval of the legislature, or if it is not in session, the interim finance committee, offer other excess lands of the state to make an exchange of equal value. If those other lands are administered by another agency of the state, the administrator shall also obtain the approval of that agency before he offers those other lands for exchange.
Sec. 5. 1. There is hereby appropriated from the state general fund to the administrator of the division of state lands for the cost of the appraisal of the state land to be exchanged a sum not to exceed $4,000 or one-half of the total amount expended on the appraisals by the state and the United States Forest Service, whichever amount is less.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 6. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 926κ
Senate Bill No. 229Senator Jacobsen
CHAPTER 315
AN ACT relating to motor vehicles; increasing the amount of the fees charged for the registration of certain vehicles, the issuance of certain license plates and the issuance of a salesmans license; adding conviction of a gross misdemeanor to the grounds for denial, suspension or revocation of a salesmans license; and providing other matters properly relating thereto.
[Approved May 29, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.2715 is hereby amended to read as follows:
482.2715 1. Unless the vehicle license plate is:
(a) A special plate which the registrant is no longer eligible to display; or
(b) A personalized plate, the code of which denotes that the registrant holds a public office which he no longer holds,
if a certificate of registration and vehicle license plate with a particular code are continuously renewed, the registrant is entitled to maintain that code as long as he desires to do so.
2. When any certificate of registration and vehicle license plate expires and remains expired for a continuous period longer than 18 months, the department may issue, without notice to the previous registrant, replacement plates which bear the same codes. An applicant for such replacement plates must pay the usual registration fees and [the fees for duplicate number plates prescribed in NRS 482.500.] an application fee of $25.
Sec. 2. NRS 482.362 is hereby amended to read as follows:
482.362 1. A person shall not engage in the activity of a vehicle, trailer or semitrailer salesman in the State of Nevada without first having received a license from the department. Before issuing a license to engage in the activity of a salesman, the department shall require:
(a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesman, his residence address, and the name and address of his employer.
(b) Proof of the employment of the applicant by a licensed and bonded vehicle dealer, trailer or semitrailer dealer, lessor or rebuilder at the time the application is filed.
(c) A statement as to whether any previous application of the applicant has been denied or license revoked.
(d) Payment of a nonrefundable license fee of [$5] $10 per year. The license expires on December 31 of each calendar year.
(e) Any other information the department deems necessary.
2. The department may issue a 60-day temporary license to an applicant who has submitted an application and paid the required fee.
κ1985 Statutes of Nevada, Page 927 (CHAPTER 315, SB 229)κ
3. A vehicle, trailer or semitrailer salesmans license issued pursuant to this chapter does not permit a person to engage in the business of selling mobile homes.
4. An application for a salesmans license may be denied and a salesmans license may be suspended or revoked upon the following grounds:
(a) Failure of the applicant to establish by proof satisfactory to the department that he is employed by a licensed and bonded vehicle dealer, trailer dealer or semitrailer dealer, lessor or rebuilder.
(b) Conviction of a felony.
(c) Conviction of a gross misdemeanor.
(d) Conviction of a misdemeanor for violation of any of the provisions of this chapter.
[(d)] (e) Falsification of the application.
[(e)] (f) Any reason determined by the director to be in the best interests of the public.
5. A vehicle salesman shall not engage in sales activity other than for the account of or for and in behalf of a single employer, who must be a licensed dealer, lessor or rebuilder.
6. If an application for a salesmans license has been denied, the applicant may reapply after not less than 6 months after the denial.
7. A salesmans license must be posted in a conspicuous place on the premises of the dealer, lessor or rebuilder for whom he is licensed to sell vehicles.
8. If a salesman ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, his license to act as a salesman is automatically suspended and his right to act as a salesman thereupon immediately ceases, and he shall not engage in the activity of a salesman until he has paid the department a transfer fee of [$2] $5 and submitted a certificate of employment indicating he has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary license or a new salesmans license to his employer.
9. If a licensed salesman changes his residential address, he shall submit a written notice of the change to the department within 10 days.
10. A licensed dealer, lessor or rebuilder who employs a licensed salesman shall notify the department of the termination of his employment within 10 days following the date of termination by forwarding the salesmans license to the department.
11. Any person who fails to comply with the provisions of this section is guilty of a misdemeanor except as otherwise provided in NRS 482.555.
Sec. 3. NRS 482.368 is hereby amended to read as follows:
482.368 1. Except as provided in subsection 2, the department shall provide suitable distinguishing plates for exempt vehicles. These plates must be provided at cost and must be displayed on the vehicles in the same manner as provided for privately owned vehicles. Any license plates authorized by this section must be immediately returned to the department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the privilege and use tax.
κ1985 Statutes of Nevada, Page 928 (CHAPTER 315, SB 229)κ
plates authorized by this section must be immediately returned to the department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the privilege and use tax.
2. License plates furnished for:
(a) Those automobiles which are maintained for and used by the governor or under the authority and direction of the chief parole and probation officer, the state contractors board and auditors, the state fire marshal, the investigation division of the department of motor vehicles and any authorized federal or out-of-state law enforcement agency;
(b) One automobile used by the department of prisons, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center;
(c) Vehicles of a city, county or the state, except any assigned to the state industrial insurance system, if authorized by the department for purposes of law enforcement or work related thereto or such other purposes as are approved upon proper application and justification; and
(d) Automobiles maintained for and used by investigators of the following:
(1) The state gaming control board;
(2) The division of brand inspection of the state department of agriculture;
(3) The attorney general;
(4) Duly appointed city or county juvenile officers;
(5) District attorney offices;
(6) Sheriff offices; and
(7) Police departments in the state,
must not bear any distinguishing mark which would serve to identify the automobiles as owned by the state, county or city. These license plates must be issued annually for [$5.50 per set.] $12 per plate or, if issued in sets, per set.
3. The director may enter into agreements with departments of motor vehicles of other states providing for exchanges of license plates of regular series for automobiles maintained for and used by investigators of the law enforcement agencies enumerated in paragraph (d) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph may not be charged.
4. Applications for the licenses must be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling the vehicles, and no plate or plates may be issued until a certificate has been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words For Official Use Only have been permanently and legibly affixed to each side of the vehicle, except those automobiles enumerated in subsection 2.
κ1985 Statutes of Nevada, Page 929 (CHAPTER 315, SB 229)κ
side of the vehicle, except those automobiles enumerated in subsection 2.
5. For the purposes of this section, exempt vehicle means a vehicle exempt from the privilege tax, except one owned by the United States.
6. The department shall adopt regulations governing the use of all license plates provided for in this section. Upon a finding by the department of any violation of its regulations, it may revoke the violators privilege of registering vehicles pursuant to this section.
Sec. 4. NRS 482.429 is hereby amended to read as follows:
482.429 For its services under this chapter, the department shall charge and collect [a fee of $5 for each certificate of title issued.] the following fees:
For each certificate of title issued for a vehicle present or registered in this state $10.00
For each duplicate certificate of title issued........................................... 10.00
For each certificate of title issued for a vehicle not present in or registered in this state ............................................................................................. 25.00
Sec. 5. 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 or set of plates................................... 5.00
For every duplicate number plate or set of plates..................................... 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] $10 must be paid for a duplicate plate [of] or set of plates if a special plate was issued pursuant to NRS 482.3667, 482.3672, 482.3675, 482.375, 482.376 or 482.380 or section 1 of [this act.] chapter 23, Statutes of Nevada 1985. A fee must not be charged for a duplicate plate or set of 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.
4. For purposes of this section:
(a) Duplicate number plate means a license plate or a set of license plates issued to a registered owner which repeat the code of a plate or set of plates previously issued to the owner to maintain his registration using the same code.
(b) Substitute number plate means a license plate or a set of license plates issued in place of a previously issued and unexpired plate or set of plates.
κ1985 Statutes of Nevada, Page 930 (CHAPTER 315, SB 229)κ
or set of plates. The plate or set of plates does not repeat the code of the prior plate or set.
________
Senate Bill No. 436Committee on Government Affairs
CHAPTER 316
AN ACT relating to housing authorities; increasing compensation of commissioners; and providing other matters properly relating thereto.
[Approved May 29, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 315.390 is hereby amended to read as follows:
315.390 1. A commissioner is entitled to necessary expenses, including travel expenses, incurred in the discharge of his duties.
2. An authority may provide by resolution that each commissioner is entitled to receive compensation of [$60] $80 for each meeting attended.
3. No commissioner may receive as compensation more than [$120] $240 in a calendar month.
________
Senate Bill No. 18Committee on Human Resources and Facilities
CHAPTER 317
AN ACT relating to health and care facilities; broadening the definition of group care facilities to provide for regulation of such facilities regardless of size except for private homes; and providing other matters properly relating thereto.
[Approved May 29, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 449.005 is hereby amended to read as follows:
449.005 1. [Group] Except as otherwise provided in subsection 2, group care facility means an establishment operated and maintained for the purpose of furnishing food, shelter and personal care or services other than nursing care to:
(a) [Four or more] Any ambulatory aged, infirm, mentally retarded or handicapped [persons] person unrelated to the person operating the facility; or
(b) Four or more females during pregnancy or after delivery, who are unrelated to the person operating the facility.
2. The term does not include any establishment which provides care only during the day [.] or any natural person who provides care, not for profit, for fewer than four persons in his own home.
κ1985 Statutes of Nevada, Page 931 (CHAPTER 317, SB 18)κ
Sec. 2. NRS 427A.020 is hereby amended to read as follows:
427A.020 As used in this chapter, unless the context otherwise requires:
1. Administrator means the chief of the aging services division of the department.
2. Advocate means an advocate for residents of facilities for long-term care.
3. Commission means the Nevada commission on aging.
4. Day care center means a day care facility for adults as defined in NRS 449.004.
5. Department means the department of human resources.
6. Director means the director of the department.
7. Division means the aging services division of the department.
8. Facility for long-term care means:
(a) A group care facility as defined in NRS 449.005;
(b) An intermediate care facility as defined in NRS 449.014; and
(c) A skilled nursing facility as defined in NRS 449.018 . [; and
(d) A family home or other establishment, whether or not certified or licensed by any state or local governmental agency, in which room and board, laundry services and continuous protection and oversight are provided for compensation to not more than three adult persons who:
(1) By reason of age or disability are incapable of independent living but do not require the care of a practical or professional nurse; and
(2) Are not related to the person or persons maintaining the home or establishment.]
________
Assembly Bill No. 523Committee on Judiciary
CHAPTER 318
AN ACT relating to vagrancy; removing, from the definition of vagrancy, the requirement that prowling must be in the nighttime; and providing other matters properly relating thereto.
[Approved May 29, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 207.030 is hereby amended to read as follows:
207.030 1. Every person who:
(a) Solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view;
(b) Solicits any act of prostitution;
(c) Is a pimp, panderer or procurer or lives in or about houses of prostitution;
κ1985 Statutes of Nevada, Page 932 (CHAPTER 318, AB 523)κ
(d) Accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms;
(e) Goes from house to house begging food, money or other articles, or seeks admission to houses upon frivolous pretexts for no other apparent motive than to see who may be therein, or to gain an insight of the premises;
(f) Keeps a place where lost or stolen property is concealed;
(g) Loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act;
(h) Loiters or wanders upon the streets or from place to place without apparent reason or business and who refuses to state his name and to account for his presence when requested by any peace officer so to do, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety demands the identification;
(i) Loiters, prowls or wanders upon the private property of another, [in the nighttime,] without visible or lawful business with the owner or occupant thereof, or who, while loitering, prowling or wandering upon the private property of another, [in the nighttime,] peeks in the door or window of any inhabited building or structure located thereon, without visible or lawful business with the owner or occupant thereof; or
(j) Lodges in any building, structure or place, whether public or private, without the permission of the owner or person entitled to the possession or in control thereof,
is a vagrant.
2. Every vagrant shall be punished:
(a) For the first violation of paragraph (a), (b) or (c) of subsection 1 and for each subsequent violation of the same paragraph occurring more than 3 years after the first violation, for a misdemeanor.
(b) For the second violation of paragraph (a), (b) or (c) of subsection 1 within 3 years after the first violation of the same paragraph, by imprisonment in the county jail for not less than 30 days nor more than 6 months and by a fine of not less than $250 nor more than $1,000.
(c) For the third or subsequent violation of paragraph (a), (b) or (c) of subsection 1 within 3 years after the first violation of the same paragraph, by imprisonment in the county jail for 6 months and by a fine of not less than $250 nor more than $1,000.
(d) For a violation of any provision of paragraphs (d) to (j), inclusive, of subsection 1, for a misdemeanor.
3. The terms of imprisonment prescribed by subsection 2 must be imposed to run consecutively.
________
κ1985 Statutes of Nevada, Page 933κ
Assembly Bill No. 493Committee on Transportation
CHAPTER 319
AN ACT relating to motor vehicles; providing for special license plates for the remaining elective officers of the executive branch of state government; and providing other matters properly relating thereto.
[Approved May 29, 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:
Upon payment of the license fees authorized by law, the department shall furnish to the secretary of state, the state treasurer, the state controller and the attorney general special license plates showing, respectively, on the face thereof, Secretary of State 3, State Treasurer 4, State Controller 5 and Attorney General 6. The department shall issue such number of license plates as may be necessary for all private cars owned by these public officers.
________
Senate Bill No. 445Committee on Finance
CHAPTER 320
AN ACT relating to the insurance division; creating certain funds; and providing other matters properly relating thereto.
[Approved May 29, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The commissioner may assess all self-insured employers to provide for claims against any insolvent self-insured employer.
2. All money received from such assessments must be deposited with the state treasurer to the credit of the fund for insolvent self-insured employers, which is hereby created as a trust fund. Money in the fund must be used solely to carry out the provisions of this section. All claims against the fund must be paid as other claims against the state are paid. The state treasurer shall invest money in the fund in the same manner and in the same securities in which he may invest general funds of the state. Income realized from the investment of the assets in the fund must be credited to the fund.
Sec. 2. NRS 616.291 is hereby amended to read as follows:
616.291 1. An employer may qualify as a self-insured employer by establishing to the satisfaction of the commissioner that the employer has sufficient administrative and financial resources to make certain the prompt payment of all compensation under this chapter or chapter 617 of NRS.
κ1985 Statutes of Nevada, Page 934 (CHAPTER 320, SB 445)κ
has sufficient administrative and financial resources to make certain the prompt payment of all compensation under this chapter or chapter 617 of NRS.
2. A self-insured employer must, in addition to establishing financial ability to pay, deposit with the commissioner money, corporate or governmental securities or a surety bond written by any company admitted to transact surety business in this state, or any combination of money, securities or a bond. The first deposit must be in an amount reasonably sufficient to ensure payment of compensation, but in no event may it be less than 105 percent of the employers expected annual incurred cost of claims, or less than $100,000. In arriving at an amount for the expected annual cost of claims, due consideration must be given to the past and prospective [loss and expense] experience of the employer with losses and expenses within this state, to [catastrophe hazards and contingencies] the hazard of catastrophic loss, to other contingencies, and to trends within the state. In arriving at the amount of the deposit required, the commissioner may consider the nature of the employers business, the financial ability of the employer to pay compensation and his probable continuity of operation. The deposit must be held by the commissioner to secure the payment of compensation for injuries and occupational diseases to employees. The deposit may be increased or decreased by the commissioner in accordance with chapter 681B of NRS and his regulations for loss reserves in casualty insurance. If the commissioner requires an employer to increase his deposit, the commissioner may specify the form of the additional security. The employer shall comply with such a requirement within 30 days after receiving notice from the commissioner.
3. The commissioner shall require the self-insured employer to submit evidence of excess insurance to provide protection against a catastrophic loss. The excess insurance must be written by an insurer authorized to do business in this state. The commissioner shall consider the excess insurance coverage as a basis for a reduction in the deposit required of an employer.
4. The fund for self-insured employers is hereby created as an agency fund. All money received by the commissioner pursuant to this section must be deposited with the state treasurer to the credit of the fund for self-insured employers. All claims against this fund must be paid as other claims against the state are paid.
Sec. 3. NRS 616.292 is hereby amended to read as follows:
616.292 1. If a self-insured employer becomes insolvent, institutes any voluntary proceeding under the Bankruptcy Act or is named in any involuntary proceeding thereunder, makes a general or special assignment for the benefit of creditors or fails to pay compensation under this chapter or chapter 617 of NRS after an order for payment of any claim becomes final, the commissioner may, after giving at least 10 days notice to the employer and any insurer or guarantor, use money or interest on securities, sell securities or institute legal proceedings on surety bonds deposited or filed with the commissioner to the extent necessary to make [such] those payments.
κ1985 Statutes of Nevada, Page 935 (CHAPTER 320, SB 445)κ
surety bonds deposited or filed with the commissioner to the extent necessary to make [such] those payments. Until the commissioner gives a 10-day notice pursuant to this subsection, the employer is entitled to all interest and dividends on bonds or securities on deposit and to exercise all voting rights, stock options and other similar incidents of ownership thereof. [The commissioner may assess all self-insurers to provide for claims against any insolvent self-insured employer.]
2. A company providing a surety bond under NRS 616.291 may terminate liability on its surety bond by giving the commissioner and the employer 90 days written notice. [Such] The termination does not limit liability which was incurred under the surety bond before the termination. If the employer fails to requalify as a self-insured employer on or before the termination date, the employers certification is withdrawn when the termination becomes effective.
Sec. 4. NRS 682B.040 is hereby amended to read as follows:
682B.040 1. Except as provided in NRS 682B.050 and section 7 of Assembly Bill 156 of the 63rd session of the Nevada legislature, deposits made in this state under this code must be made through the commissioner . [, and upon his written order deposited with the state treasurer, who shall give his receipt therefor and hold in trust deposits made under this code for the purpose or purposes for which the respective deposits were so made, subject to the provisions of NRS 682B.010 to 682B.120, inclusive.] The fund for the insurance division is hereby created as an agency fund. All money received by the commissioner must be deposited with the state treasurer to the credit of the fund for the insurance division. All claims against the fund must be paid as other claims against the state are paid.
2. The State of Nevada [shall be] is responsible for the safekeeping of all securities or other assets deposited with the state treasurer through the commissioner under this code, and shall bear the costs of the depository.
Sec. 5. Any money from assessments against self-insurers to provide for claims against insolvent insurers in the possession of the commissioner on July 1, 1985, whenever deposited or invested, must be deposited with the state treasurer to the credit of the fund for insolvent self-insured employers. To avoid any loss to the commissioner, any investments made by him which have not matured or been liquidated before July 1, 1985, may be allowed to mature. Upon maturity or liquidation, the proceeds must be deposited with the state treasurer to the credit of the fund for insolvent self-insured employers.
Sec. 6. Sections 2, 3 and 4 of this act become effective at 12:01 a.m. on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 936κ
Assembly Bill No. 167Committee on Judiciary
CHAPTER 321
AN ACT relating to sports; authorizing the Nevada athletic commission to regulate contests involving forms of Oriental unarmed self-defense; making the appointment of chief inspectors in certain counties discretionary; requiring a broadcasting network for television to file with the commission a copy of any contract entered into for the rights to broadcast certain sporting events; and providing other matters properly relating thereto.
[Approved May 29, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 467 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8.5, inclusive, of this act.
Sec. 2. Board means the medical advisory board.
Sec. 3. Commission means the Nevada athletic commission.
Sec. 4. Contestant means any person who engages in unarmed combat for remuneration.
Sec. 5. Promoter means any person who produces or stages any professional contest or exhibition of unarmed combat.
Sec. 6. Purse means the financial guarantee or any other remuneration for which contestants are participating in a contest or exhibition and includes the contestants share of any payment received for radio broadcasting, television or motion picture rights.
Sec. 7. Ring official means any person who performs an official function during the progress of a contest or exhibition of unarmed combat.
Sec. 8. Unarmed combat means boxing, wrestling or any form of competition in which a blow is usually struck which may reasonably be expected to inflict injury.
Sec. 8.5. The provisions of this chapter do not apply to exhibitions of Oriental unarmed self-defense in which no dangerous blow is intended to be struck.
Sec. 9. NRS 467.010 is hereby amended to read as follows:
467.010 As used in this chapter [:
1. Applicant entity means any club, organization, corporation, association or natural person.
2. Board means the medical advisory board.
3. Commission means the Nevada athletic commission.
4. Foreign copromoter means a promoter who has no place of business within this state.
5. Professional boxer or professional wrestler means a natural person who competes for money, prizes or purses, or who teaches or pursues or assists in the practice of boxing or wrestling as a means of obtaining a livelihood or pecuniary gain.
6. Promoter means any person, and in the case of a corporate promoter includes any officer, director or stockholder thereof, who produces or stages any professional boxing or wrestling contest or exhibition.
κ1985 Statutes of Nevada, Page 937 (CHAPTER 321, AB 167)κ
promoter includes any officer, director or stockholder thereof, who produces or stages any professional boxing or wrestling contest or exhibition.
7. Purse means the financial guarantee or any other remuneration, or part thereof, for which professional boxers or wrestlers are participating in a contest or exhibition and includes the participants share of any payment received for radio broadcasting, television or motion picture rights.
8. Ring official means any person, who performs an official function during the progress of a contest or exhibition.] , unless the context otherwise requires, the words and terms defined in sections 2 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 10. NRS 467.018 is hereby amended to read as follows:
467.018 The board shall:
1. Prepare and submit to the commission appropriate standards for the physical and mental examination of [boxers and wrestlers.] contestants. No standard is effective until it is approved by the commission.
2. Recommend to the commission for licensing , physicians who are qualified to examine [boxers and wrestlers.] contestants.
3. Advise the commission as to the physical or mental fitness of a [boxer and wrestler] contestant, if it so requests.
4. Prepare and submit to the legislature and the commission reports containing any recommendations for revisions in the law which it deems necessary to protect the health of [boxers and wrestlers] contestants in this state.
Sec. 11. NRS 467.020 is hereby amended to read as follows:
467.020 1. The Nevada athletic commission, consisting of five members appointed by the governor, is hereby created.
2. Three members of the commission constitute a quorum for the exercise of the authority conferred upon the commission, and a concurrence of at least three of the members is necessary to render a choice or a decision by the commission.
3. A member shall not at any time during his service as a member of the commission promote or sponsor any [boxing contest, wrestling exhibition or combination of such events,] contest or exhibition of unarmed combat, or combination of those events, or have any financial interest in the promotion or sponsorship of [such] those contests or exhibitions.
Sec. 12. NRS 467.040 is hereby amended to read as follows:
467.040 1. The commission may employ an executive [secretary,] director, who must not be a member of the commission.
2. Except as provided in NRS 467.080 and 467.135, all money received by the executive [secretary] director or the commission pursuant to the provisions of this chapter must be deposited with the state treasurer for credit to the state general fund.
Sec. 13. NRS 467.050 is hereby amended to read as follows:
467.050 1. For each county of the state the commission may appoint one or more official representatives to be designated as inspectors, and [shall] may appoint one chief inspector in each county having a population of 100,000 or more.
κ1985 Statutes of Nevada, Page 938 (CHAPTER 321, AB 167)κ
appoint one or more official representatives to be designated as inspectors, and [shall] may appoint one chief inspector in each county having a population of 100,000 or more. The chief inspectors shall supervise the work of all other inspectors appointed by the commission. Each inspector [shall] must receive from the commission a card authorizing him to act as an inspector for the county designated. He [shall hold] holds office as an inspector at the pleasure of the commission.
2. [No] An inspector shall not at any time during his service as an inspector promote or sponsor any [boxing contest, wrestling exhibition or combination of such events.] contest or exhibition of unarmed combat, or combination of those events.
Sec. 14. NRS 467.055 is hereby amended to read as follows:
467.055 1. Members of the commission, when authorized by the chairman, are entitled to receive as compensation $60 for each full-day meeting of the commission.
2. The executive [secretary] director of the commission is in the unclassified service of the state. He 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.
3. Each inspector for the commission is entitled to receive for the performance of his duties a fee approved by the commission.
4. All travel expenses and subsistence allowances of the members of the commission, its inspectors and its executive [secretary] director must be authorized by the chairman.
Sec. 15. NRS 467.060 is hereby amended to read as follows:
467.060 Members of the commission, its inspectors and its executive [secretary] director are entitled to receive traveling expenses and subsistence allowances while engaged in the transaction of business only if authorized by the chairman.
Sec. 16. NRS 467.070 is hereby amended to read as follows:
467.070 1. The commission [shall have] has and is vested with the sole direction, management, control and jurisdiction over all [boxing contests, sparring and wrestling matches and exhibitions] contests or exhibitions of unarmed combat to be conducted, held or given within the State of Nevada, and no [boxing contest, sparring or wrestling match or exhibition shall] contest or exhibition may be conducted, held or given within this state except in accordance with the provisions of this chapter.
2. Any boxing or sparring contest conforming to the [rules, regulations and] requirements of this chapter and to the regulations of the commission shall be deemed to be a boxing contest and not a prize fight.
3. Any contest involving a form of Oriental unarmed self-defense must be conducted pursuant to rules for that form which are approved by the commission before the contest is conducted, held or given.
Sec. 17. NRS 467.080 is hereby amended to read as follows:
467.080 1. The commission may issue and revoke licenses to conduct, hold or give [boxing, sparring or wrestling contests, matches or exhibitions] contests or exhibitions of unarmed combat where an admission fee is received [, to any applicant entity] under such terms and in accordance with such provisions as the commission may prescribe.
κ1985 Statutes of Nevada, Page 939 (CHAPTER 321, AB 167)κ
exhibitions] contests or exhibitions of unarmed combat where an admission fee is received [, to any applicant entity] under such terms and in accordance with such provisions as the commission may prescribe.
2. Any application for such a license must be in writing and [must] correctly show and define the [owner of the applicant entity.] applicant. The application must be accompanied by an annual fee to be fixed by the commission on a uniform scale.
3. Before any license is granted [to an applicant entity which has filed its application as provided in this section, the applicant entity] , the applicant must file a bond in an amount fixed by the commission but not less than $2,000, with good and sufficient surety, and conditioned for the faithful performance by the applicant [entity] of the provisions of this chapter. [This subsection does not apply to amateur athletic clubs.] All money which the commission receives pursuant to this subsection must be deposited with the state treasurer for credit to the athletic commissions agency fund, which is hereby created.
4. If the commission believes this bond is inadequate, the commission may require the promoter to make a deposit of money in an amount fixed by the commission. The deposit must be made not less than 5 days before the contest or exhibition. It may be used to satisfy any obligation incurred by the promoter during the staging of the contest or exhibition upon order of the commission. After satisfaction of all such obligations the commission shall release the remainder to the promoter.
5. Subsections 3 and 4 do not apply to amateur athletic clubs.
Sec. 18. NRS 467.100 is hereby amended to read as follows:
467.100 1. All [applicant entities, promoters, foreign copromoters, professional boxers, professional wrestlers,] contestants, promoters, managers, seconds, sparring partners, trainers, booking agents and ring officials [shall] must be licensed by the commission. No person [shall be permitted to] may participate, either directly or indirectly, in any [boxing, sparring or wrestling matches, contests or exhibitions or the holding thereof, unless such person shall have] contest or exhibition of unarmed combat unless he has first procured a license from the commission.
2. The commission shall [have power and authority to] fix a uniform scale of license fees.
3. It [shall be] is a violation of this chapter for any person to participate, directly or indirectly, as stated in subsection 1, unless he [shall have] has been granted a license therefor.
Sec. 19. NRS 467.103 is hereby amended to read as follows:
467.103 The commission may issue licenses without fees to referees and physicians authorizing them to officiate only at [boxing contests, wrestling exhibitions or combinations thereof,] a contest or exhibition of unarmed combat between amateurs.
Sec. 20. NRS 467.104 is hereby amended to read as follows:
467.104 1. Any person who charges and receives an admission fee for exhibiting any live [boxing or sparring match, wrestling exhibition or performance] contest or exhibition of unarmed combat on a closed-circuit telecast, or motion picture, shall, within 10 days after the event, furnish to the commission a verified written report on a form which is supplied by the commission, showing the number of tickets sold and issued or sold or issued, and the gross receipts therefor without any deductions.
κ1985 Statutes of Nevada, Page 940 (CHAPTER 321, AB 167)κ
closed-circuit telecast, or motion picture, shall, within 10 days after the event, furnish to the commission a verified written report on a form which is supplied by the commission, showing the number of tickets sold and issued or sold or issued, and the gross receipts therefor without any deductions.
2. That person shall also, at the same time, pay to the commission a license fee, exclusive of federal taxes thereon, of 4 cents for each $1 or fraction thereof received for admission at the exhibition. The license fee applies uniformly at the same rate to all persons subject to it. The license fee must be based on the face value of all tickets sold and complimentary tickets issued.
Sec. 21. NRS 467.105 is hereby amended to read as follows:
467.105 1. Every promoter , [or foreign copromoter,] in order to present a program of [boxing contests, wrestling exhibitions, or a combination of such events, shall] contests or exhibitions of unarmed combat, must obtain a permit from the commission for each [such] program.
2. The following fees [shall] must accompany each application for a permit to present a program of contests or exhibitions:
[Foreign copromoters permit] Permit for a promoter who has no place of business in this state...................................................................................................... $100
[Promoters permit] Permit for a promoter who has a place of business in this state 25
The provisions of this subsection [shall] do not apply to the presentation of a program of amateur [boxing contests, amateur wrestling exhibitions or a combination of such events.] contests or exhibitions of unarmed combat.
Sec. 22. NRS 467.107 is hereby amended to read as follows:
467.107 1. In addition to the payment of any other fees and money due under this chapter, every promoter , except as provided in subsection 2, shall pay a license fee of:
(a) Four percent of the total gross receipts from admission fees to the live [exhibition of any boxing contest, wrestling match or exhibition, or combination of those events,] contest or exhibition of unarmed combat, exclusive of any federal tax or tax imposed by any political subdivision of this state; and
(b) Three percent of the first $1,000,000, and 1 percent of the next $2,000,000, of the total gross receipts from the sale, lease or other exploitation of broadcasting, television and motion picture rights for that contest [, match] or exhibition,
without any deductions for commissions, brokerage fees, distribution fees, advertising, contestants purses or any other expenses or [any other] charges.
2. A corporation organized pursuant to NRS 81.550 to 81.660, inclusive, which promotes an amateur [boxing, wrestling or karate] contest or exhibition of unarmed combat whose net proceeds are to be spent entirely in this state, for the purposes for which the corporation is organized, is exempt from the fees payable under this section.
κ1985 Statutes of Nevada, Page 941 (CHAPTER 321, AB 167)κ
organized, is exempt from the fees payable under this section. The corporation must retain the services of a promoter licensed pursuant to this chapter.
3. The commission shall adopt regulations:
(a) Requiring that the number and face value of all complimentary tickets be reported.
(b) Governing the treatment of complimentary tickets for the purposes of computing gross receipts from admission fees under paragraph (a) of subsection 1.
Sec. 23. NRS 467.110 is hereby amended to read as follows:
467.110 The commission [shall have full power to regulate,] may suspend or otherwise discipline any applicant [entity or any participant who shall,] , contestant, promoter, ring official or other participant who, in the judgment of the commission:
1. [Participate] Participates in any sham or fake [boxing match.
2. Be] contest or exhibition of unarmed combat.
2. Is guilty of a failure to give his best efforts in such a contest [.
3. Be] or exhibition.
3. Is guilty of any foul or unsportsmanlike conduct in connection with such a contest [.] or exhibition.
Sec. 24. NRS 467.117 is hereby amended to read as follows:
467.117 Each member of the commission may upon his own motion, or upon the verified written complaint of any person charging a licensee or [permittee] the holder of a permit with violating any provision of this chapter or the [rules and] regulations promulgated thereunder, suspend for a period not exceeding 10 days any license or permit until final determination by the commission, when in his opinion [such] the action is necessary to protect the public welfare and the best interests of [boxing or wrestling.] the sports regulated pursuant to this chapter.
Sec. 25. NRS 467.120 is hereby amended to read as follows:
467.120 1. Every contestant competing under the terms of this chapter or regulation of the commission [shall be] is entitled to receive [and shall receive] a copy of a written contract or agreement approved as to form by the commission binding the licensee to pay the contestant a certain fixed fee or percentage of the gate receipts.
2. One copy of [such agreement shall] the agreement must be filed with the executive [secretary] director of the commission and one copy [shall] must be retained by the licensee or sponsor of the contest.
3. The inspector or member of the commission in attendance at the contest shall determine whether such an agreement has been delivered to each contestant and may require that a sufficient amount of the gate receipts be impounded to pay the contestants according to [such agreement.] those agreements.
Sec. 26. NRS 467.125 is hereby amended to read as follows:
467.125 The commission may, by regulation:
1. Require insurance coverage for each licensed [boxer or wrestler] contestant to provide for medical, surgical and hospital care for injuries sustained while engaged in [boxing or wrestling] contests or exhibitions [,] of unarmed combat, in an amount of $5,000 or more payable to the physician or hospital which treated the [boxer or wrestler] contestant for his injuries or, if he has paid for that care, directly to him or his beneficiary; or
κ1985 Statutes of Nevada, Page 942 (CHAPTER 321, AB 167)κ
[,] of unarmed combat, in an amount of $5,000 or more payable to the physician or hospital which treated the [boxer or wrestler] contestant for his injuries or, if he has paid for that care, directly to him or his beneficiary; or
2. Authorize the formation of a nonprofit corporation to provide such benefits and the deduction of a prescribed percentage from the amount payable to each [boxer, wrestler,] contestant, manager and promoter for each contest or exhibition, to be paid over to and managed by the corporation for that purpose.
Sec. 27. NRS 467.130 is hereby amended to read as follows:
467.130 No promoter [or foreign copromoter] may pay or give any money to a licensee before any [boxing contest] contest or exhibition of unarmed combat as an advance against a contestants purse or for a similar purpose, except that [a] the promoter may, with the prior written permission of a member of the commission, pay or advance to a contestant necessary expenses for transportation and maintenance in preparation for a contest [.] or exhibition.
Sec. 28. NRS 467.135 is hereby amended to read as follows:
467.135 1. The commission, its executive [secretary] director or any other employee authorized by the commission may order the promoter to withhold any part of a purse or other money belonging or payable to any contestant, manager or second if, in the judgment of the commission [or its secretary] , executive director or other employee, the contestant is not competing honestly or to the best of his skill and ability or if the manager or seconds have violated any of the provisions of this chapter or the regulations adopted thereunder.
2. This section does not apply to any contestant in a wrestling exhibition who appears not to be competing honestly or to the best of his skill and ability.
3. Upon the withholding of any part of a purse or other money pursuant to this section, the commission shall immediately schedule a hearing on the matter, provide adequate notice to all interested parties and dispose of the matter as promptly as possible.
4. If it is determined that a contestant, manager or second is not entitled to any part of his share of the purse or other money, the promoter shall pay the money over to the commission. Subject to the provisions of subsection 5, the money must be deposited with the state treasurer for credit to the state general fund.
5. Money turned over to the commission pending final action in any matter must be credited to the athletic commissions agency fund and must remain in that fund until the commission orders its disposition in accordance with the final action taken.
Sec. 29. NRS 467.137 is hereby amended to read as follows:
467.137 1. A promoter [shall,] and a broadcasting network for television shall each, at least 72 hours before a [boxing contest, wrestling match] contest or exhibition [,] of unarmed combat, or combination of those events is to be held, file with the commissions executive [secretary] director a copy of all contracts [he has] entered into for the sale, lease or other exploitation of television rights for the contest [, match] or exhibition.
κ1985 Statutes of Nevada, Page 943 (CHAPTER 321, AB 167)κ
the sale, lease or other exploitation of television rights for the contest [, match] or exhibition.
2. The promoter shall keep detailed records of the accounts and other documents related to his receipts from the sale, lease or other exploitation on the television rights for a contest [, match] or exhibition. The commission, at any time, may inspect these accounts and documents to determine the amount of the total gross receipts received by the promoter from the television rights.
3. If a promoter or a network fails to comply with the requirements of [subsections 1 or 2,] this section, the commission may determine the amount of the total gross receipts from the sale, lease or other exploitation of television rights for the contest [, match] or exhibition and assess the appropriate license fee pursuant to paragraph (b) of subsection 1 of NRS 467.107.
4. Each contract filed with the commission pursuant to this section is confidential and is not a public record.
Sec. 30. NRS 467.145 is hereby amended to read as follows:
467.145 Each promoter of a [boxing contest or wrestling exhibition shall have] contest or exhibition of unarmed combat has charge of all seating arrangements but shall furnish to each member of the commission who is present one ringside seat.
Sec. 31. NRS 467.156 is hereby amended to read as follows:
467.156 The commission [is empowered to] may suspend temporarily without a hearing any license issued under this chapter, when in its opinion such action is necessary to protect the public welfare and the best interest of [boxing and wrestling. Such suspension shall become] the sports regulated pursuant to this chapter. The suspension is permanent unless within 30 days [from the notice of such suspension the licensee] after a notice of the suspension is received by the licensee, he applies in writing for a hearing as provided in NRS 467.113. The hearing [shall] must be held within 30 days [of] after the receipt of the request for the hearing.
Sec. 32. NRS 467.170 is hereby amended to read as follows:
467.170 The provisions of this chapter [shall] do not apply to any amateur [boxing, sparring or wrestling matches,] contests or exhibitions of unarmed combat or any combination thereof conducted by or participated in exclusively by any school, college or university or by any association or organization of a school, college or university, when each [contestant] participant in the [matches] contests or exhibitions is a bona fide student in the school, college or university.
Sec. 33. Sections 12, 17 and 28 of this act become effective at 12:01 a.m. on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 944κ
Assembly Bill No. 313Committee on Transportation
CHAPTER 322
AN ACT relating to dead bodies; revising the traffic laws concerning funeral processions and vehicles used to escort funeral processions; adding an authorized signer of the statement concerning disposition if cremated; and providing other matters properly relating thereto.
[Approved May 29, 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:
Funeral procession means a procession of two or more vehicles accompanying a vehicle containing the body of a deceased person.
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, or a vehicle escorting a funeral procession, 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 [.] , except that a vehicle escorting a funeral procession may not exceed the speed limit by more than 15 miles per hour to overtake the procession and direct traffic at the next intersection.
(d) Disregard regulations governing direction of movement or turning in specified directions. The driver of a vehicle escorting a funeral procession may direct the movements of the vehicles in procession in a similar manner and may direct the movements of other vehicles.
2. The [exemptions] privileges granted in this section [to an authorized emergency vehicle or an official vehicle of a regulatory agency,] apply only when the vehicle is making use of audible and visual signals as required by law.
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 do not protect the driver from the consequences of his reckless disregard for the safety of others.
Sec. 3. NRS 484.467 is hereby amended to read as follows:
484.467 1. The operator of a motor vehicle shall not drive between the vehicles, persons or animals comprising a funeral or other authorized procession when [such funeral or procession] those vehicles are properly identified by pennants or other authorized insignia and while [such] the funeral or procession is in motion, except when otherwise directed by a police officer [.]
κ1985 Statutes of Nevada, Page 945 (CHAPTER 322, AB 313)κ
while [such] the funeral or procession is in motion, except when otherwise directed by a police officer [.] or by the driver of a vehicle escorting the funeral procession.
2. This section does not apply to authorized emergency vehicles.
Sec. 4. NRS 484.469 is hereby amended to read as follows:
484.469 1. All vehicles, persons or animals comprising a funeral or other procession [shall proceed as near to the right-hand edge of the highway as practicable and] shall follow the preceding vehicles, persons or animals in [such] the procession as closely as is practicable and safe.
2. Each vehicle in a funeral procession must have its head lamps lighted.
3. The driver of a vehicle escorting a funeral procession may display flashing amber warning lights if the appropriate permit has been issued pursuant to NRS 484.579.
Sec. 5. NRS 484.471 is hereby amended to read as follows:
484.471 1. A procession , except a funeral procession, or parade, except the forces of the United States Armed Services, the military forces of this state and the forces of the police and fire departments, [shall] must not occupy, march or proceed along any highway except in accordance with the permit issued by the proper public authority.
2. A sound truck or other vehicle equipped with an amplifier or loudspeaker [shall] must not be driven upon any highway for the purpose of selling, offering for sale or advertising in any fashion except in accordance with a permit issued by the proper public authority.
3. An oversized or overweight vehicle or equipment [shall] must not be driven, occupy or proceed upon any highway except in accordance with a permit issued by the proper public authority.
Sec. 6. NRS 484.579 is hereby amended to read as follows:
484.579 1. It is unlawful to operate or display a flashing amber warning light on a vehicle except when an unusual traffic hazard exists. This subsection does not prohibit the use of amber lights in electric turn signals.
2. It is unlawful for any person to mount flashing amber warning lights permanently on a vehicle without a permit from the Nevada highway patrol.
3. The Nevada highway patrol, upon written application, shall issue a permit to mount a flashing amber light on:
(a) Public utility vehicles.
(b) Tow trucks.
(c) Vehicles engaged in activities which create a public hazard upon the streets or highways.
(d) Vehicles of coroners and their deputies.
(e) Vehicles of Civil Air Patrol rescue units.
(f) Vehicles of authorized sheriffs jeep squadrons.
(g) Vehicles which escort funeral processions.
4. Such permits expire on June 30 of each calendar year.
5. The Nevada highway patrol shall charge and collect the following fees for the issuance of a permit for the [operation] mounting of a flashing amber light:
κ1985 Statutes of Nevada, Page 946 (CHAPTER 322, AB 313)κ
fees for the issuance of a permit for the [operation] mounting of a flashing amber light:
(a) Permit for a single vehicle................................................................................ $2
(b) Blanket permit for more than 5 but less than 15 vehicles............................ 12
(c) Blanket permit for 15 vehicles or more........................................................... 24
6. Subsections 1 and 2 do not apply to an agency of any state or political subdivision thereof, or to an agency of the United States Government.
7. All fees collected by the Nevada highway patrol pursuant to this section must be deposited with the state treasurer for credit to the motor vehicle fund.
Sec. 7. NRS 440.370 is hereby amended to read as follows:
440.370 The statement of facts relating to the disposition of the body must be signed by the funeral director or person acting as undertaker [.] or by an authorized representative of the crematory if the body is cremated.
Sec. 8. Section 2 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
Assembly Bill No. 551Assemblymen Stone, Beyer, Lambert, Coffin, DuBois, Swain, Malone, Joerg, Sader, Thompson, Marvel, Roberts, Ham, Williams, Arberry, Zimmer, Nicholas and Humke
CHAPTER 323
AN ACT relating to cigarettes; prohibiting their sale if they contain certain amount of cloves; providing a penalty; and providing other matters properly relating thereto.
[Approved May 29, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:
Any person who knowingly sells or offers for sale a cigarette which contains cloves to the extent of 20 percent or more, by weight, is guilty of a misdemeanor.
________
κ1985 Statutes of Nevada, Page 947κ
Senate Bill No. 418Senator Jacobsen
CHAPTER 324
AN ACT relating to vehicles; extending special provisions for weight of trailers and semitrailers; and providing other matters properly relating thereto.
[Approved May 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 7 of chapter 111, Statutes of Nevada 1981, at page 221, is hereby amended to read as follows:
Sec. 7. 1. Section 2 of this act expires by limitation on [July 1, 1986.] July 1, 1990.
2. This act shall become effective upon passage and approval.
________
Senate Bill No. 338Committee on Taxation
CHAPTER 325
AN ACT relating to taxation; extending the tolling of limitations for the determination of deficiencies in excise taxes; extending the department of taxations authority to make jeopardy determinations for the collection of excise taxes; increasing the rate of interest on payments made pursuant to an extension; increasing the maximum amount of certain bonds; and providing other matters properly relating thereto.
[Approved May 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 360 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. If the department believes that the collection of any amount of sales or use tax or other excise due under this Title or chapter 585 of NRS will be jeopardized by delay, it shall make a determination of the amount required to be collected and serve notice of the determination upon the person against whom it is made.
Sec. 3. The amount specified in the determination must be paid within 10 days after the service of the notice of the determination unless a petition for redetermination is filed within that period. If the amount of the determination is not paid within the 10 days and a petition for redetermination is not filed, the determination becomes final and any penalty for delinquency and interest provided for in this Title attaches to the amount of the determination.
Sec. 4. A person against whom a determination is made pursuant to section 2 of this act may petition for redetermination. The petition is subject to the requirements of NRS 360.360 to 360.410, inclusive, except that the petition must be made within 10 days after service of the notice of determination.
κ1985 Statutes of Nevada, Page 948 (CHAPTER 325, SB 338)κ
notice of determination. A person who petitions for a redetermination shall deposit with the department within the 10-day period such security as the department deems necessary.
Sec. 5. Except as otherwise specifically provided in this Title, if the department grants an extension of the time for paying any amount required to be paid under this Title, a person who pays the amount within the period for which the extension is granted shall pay, in addition to the amount owing, interest at the rate of 1.5 percent per month from the date the amount would have been due without the extension until the date of payment.
Sec. 6. NRS 360.310 is hereby amended to read as follows:
360.310 The amount of the determination, exclusive of penalties, [shall bear] bears interest at the rate of [1] 1.5 percent per month from the date on which such amount, or any portion thereof, became due [and payable] until the date of payment.
Sec. 7. NRS 360.330 is hereby amended to read as follows:
360.330 If any part of the deficiency for which a [deficiency] determination is made is due to negligence or intentional disregard of any applicable provisions of this Title, or the authorized [rules and] regulations of the department, a penalty of [5] 10 percent of the amount of the determination [shall] must be added thereto.
Sec. 8. NRS 360.350 is hereby amended to read as follows:
360.350 1. The department shall give the taxpayer written notice of its determination.
2. The notice may be served personally or by mail; if by mail, the notice shall be addressed to the taxpayer at his address as it appears in the records of the department.
3. In the case of service by mail of any notice required, the service is complete at the time of deposit in the United States post office.
4. The service of this written notice tolls any limitation for the determination of a further deficiency.
Sec. 9. NRS 365.170 is hereby amended to read as follows:
365.170 1. Every dealer shall, not later than the 25th day of each calendar month:
(a) Render to the department a statement of all motor vehicle fuel and fuel for jet or turbine-powered aircraft sold, distributed or used by him in the State of Nevada, as well as all such fuel sold, distributed or used in this state by a purchaser thereof upon which sale, distribution or use the dealer has assumed liability for the tax thereon under NRS 365.020, during the preceding calendar month; and
(b) Pay an excise tax of:
(1) One cent per gallon on all fuel for jet or turbine-powered aircraft;
(2) Eight cents per gallon on petroleum-ethanol mixture; [or] and
(3) Nine cents per gallon on all other motor vehicle fuel,
so sold, distributed or used, in the manner and within the time prescribed in this chapter.
2. The department for good cause may extend for not to exceed 30 days the time for making any report or return required under this chapter.
κ1985 Statutes of Nevada, Page 949 (CHAPTER 325, SB 338)κ
days the time for making any report or return required under this chapter. The extension may be granted at any time if:
(a) A request therefor has been filed with the department within or before the period for which the extension may be granted; and
(b) A remittance of the estimated tax is made when due.
[Any dealer to whom an extension is granted shall pay, in addition to any delinquent tax due, interest at the rate of one-half of 1 percent per month, or fraction thereof, from the date on which the tax would have been due without the extension to the date of payment.]
3. Any report, return, remittance to cover a payment or claim for credit or refund required by this chapter which is transmitted through the United States mail shall be deemed filed or received by the department on the date shown by the post office cancellation mark stamped upon the envelope containing it, or on the date it was mailed if proof satisfactory to the department establishes that the document or remittance was timely deposited in the United States mail properly addressed to the department.
Sec. 10. NRS 365.290 is hereby amended to read as follows:
365.290 1. Before granting any license the department shall require the applicant to file with the department a bond [duly] executed by the applicant as principal and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, conditioned upon faithful performance of all the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and other obligations of the applicant as a dealer.
2. The total amount of the bond or bonds required of any dealer [shall] must be fixed by the department at twice the estimated maximum monthly tax, determined in such a manner as the department deems proper, and may be increased or reduced accordingly by the department at any time subject to the limitations prescribed in this chapter [; but] , except that the total amount of the bond or bonds of any dealer may never be less than $1,000 nor more than [$20,000.] $50,000. When cash or a certificate of deposit or investment certificate is used, the amount required [shall] must be rounded off to the next larger integral multiple of $100, within the same upper limit.
3. No recovery on any bond, nor the execution of any new bond, nor the revocation, cancellation or suspension of any license affects the validity of any bond.
4. In lieu of any bond or bonds, a dealer may deposit with the department, under such terms and conditions as the department may prescribe, a like amount of lawful money of the United States or bonds of the United States or the State of Nevada of an actual market value not less than the amount fixed by the department as provided in subsection 2.
Sec. 11. NRS 372.395 is hereby amended to read as follows:
372.395 [1.] The department for good cause may extend for not to exceed 1 month the time for making any return or paying any amount required to be paid under this chapter.
κ1985 Statutes of Nevada, Page 950 (CHAPTER 325, SB 338)κ
[2. Any person to whom an extension is granted and who pays the tax within the period for which the extension is granted shall pay, in addition to the tax, interest at the rate of 6 percent per annum from the date on which the tax would have been due without the extension until the date of payment.]
Sec. 12. NRS 372.430 is hereby amended to read as follows:
372.430 1. Except in the case of fraud, intent to evade this chapter or regulations adopted under it, a failure to make a return, or of a claim for additional amount pursuant to NRS 372.485, every notice of [a deficiency] the determination of a deficiency must be personally served or mailed within 3 years after the last day of the calendar month following the period for which the amount is proposed to be determined or within 3 years after the return is filed, whichever period expires the later. In the case of a failure to make a return, or a claim for additional amount pursuant to NRS 372.485, every notice of determination must be mailed or personally served within 8 years after the last day of the calendar month following the period for which the amount is proposed to be determined.
2. [The limitation specified in this section does not apply in case of a sales tax proposed to be determined with respect to sales of property for the storage, use or other consumption of which notice of a deficiency determination has been or is given pursuant to NRS 372.425, 372.455 and 372.465, and to subsection 1 of this section. The limitation specified in this section does not apply in case of an amount of use tax proposed to be determined with respect to storage, use or other consumption of property for the sale of which notice of a deficiency determination has been or is given pursuant to NRS 372.425, 372.455 and 372.465, and to subsection 1 of this section.
3.] If, before the expiration of the time prescribed in this section for the mailing of a notice of [deficiency] determination, the taxpayer has consented in writing to the mailing of the notice after that time, the notice may be mailed at any time before the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.
Sec. 13. NRS 374.400 is hereby amended to read as follows:
374.400 [1.] The department for good cause may extend for not to exceed 1 month the time for making any return or paying any amount required to be paid under this chapter.
[2. Any person to whom an extension is granted and who pays the tax within the period for which the extension is granted shall pay, in addition to the tax, interest at the rate of 6 percent per annum from the date on which the tax would have been due without the extension until the date of payment.]
Sec. 14. NRS 374.435 is hereby amended to read as follows:
374.435 1. Except in the case of fraud, intent to evade this chapter or the regulations adopted under it, a failure to make a return, or of a claim for additional amount pursuant to NRS 374.490, every notice of [a deficiency] the determination of a deficiency must be personally served or mailed within 3 years after the last day of the calendar month following the period for which the amount is proposed to be determined or within 3 years after the return is filed, whichever period expires the later.
κ1985 Statutes of Nevada, Page 951 (CHAPTER 325, SB 338)κ
a claim for additional amount pursuant to NRS 374.490, every notice of [a deficiency] the determination of a deficiency must be personally served or mailed within 3 years after the last day of the calendar month following the period for which the amount is proposed to be determined or within 3 years after the return is filed, whichever period expires the later. In the case of a failure to make a return, or a claim for additional amount pursuant to NRS 374.490, every notice of determination must be mailed or personally served within 8 years after the last day of the calendar month following the period for which the amount is proposed to be determined.
2. [The limitation specified in this section does not apply in case of a sales tax proposed to be determined with respect to sales of property for the storage, use or other consumption of which notice of a deficiency determination has been or is given pursuant to NRS 374.430, 374.460 and 374.470, and to subsection 1 of this section. The limitation specified in this section does not apply in case of an amount of use tax proposed to be determined with respect to storage, use or other consumption of property for the sale of which notice of a deficiency determination has been or is given pursuant to NRS 374.430, 374.460 and 374.470, and to subsection 1 of this section.
3.] If, before the expiration of the time prescribed in this section for the mailing of a notice of deficiency determination, the taxpayer has consented in writing to the mailing of the notice after that time, the notice may be mailed at any time before the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.
Sec. 15. NRS 372.405, 372.415, 372.460, 372.465, 372.470, 374.410, 374.420, 374.465, 374.470 and 374.475 are hereby repealed.
________
Senate Bill No. 197Committee on Finance
CHAPTER 326
AN ACT making an appropriation to the investigation division of the department of motor vehicles for use in the investigation of illegal purchases of drugs; and providing other matters properly relating thereto.
[Approved May 30, 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 investigation division of the department of motor vehicles the sum of $100,000 to be used to create the appearance of readily available cash with which to purchase controlled substances and dangerous drugs in the investigation of illegal purchases of drugs.
κ1985 Statutes of Nevada, Page 952 (CHAPTER 326, SB 197)κ
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 198Committee on Finance
CHAPTER 327
AN ACT relating to telecommunication; requiring the rehabilitation division of the department of human resources to establish a program to provide devices for telecommunication to persons with impaired speech or hearing; providing for a surcharge on the access lines of customers of telephone companies to pay the costs of the program; and providing other matters properly relating thereto.
[Approved May 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 707 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The rehabilitation division of the department of human resources shall develop and administer a program whereby any customer of a telephone company which provides service through a local exchange who is certified by the division to be deaf or to have severely impaired speech or hearing may obtain a device for telecommunication capable of serving the needs of such persons at no charge to the customer beyond the rate for basic service. The program must be approved by the public service commission of Nevada.
2. A surcharge is hereby imposed on each access line of each customer to the local exchange of any telephone company providing such lines in this state which is sufficient to cover the costs of the program. The commission shall establish by regulation the amount to be charged. Those companies shall collect the surcharge from their customers and transfer the money collected to the commission pursuant to regulations adopted by the commission.
3. The fund for telecommunication for persons with impaired speech or hearing is hereby created as a special revenue fund to be administered by the division. Any money collected from the surcharge imposed pursuant to subsection 2 must be deposited in the state treasury for credit to the fund. The money in the fund may be used only:
(a) For the purchase, maintenance, repair and distribution of the devices for telecommunication;
(b) To reimburse telephone companies for the expenses incurred in collecting and transferring to the commission the surcharge imposed by the commission;
(c) For the general administration of the program; and
(d) To train persons in the use of the devices.
4. For the purposes of this section, a device for telecommunication means a device which has a keyboard used to send messages by telephone, which visually displays or prints messages received and which is compatible with the system of telecommunication with which it is being used.
κ1985 Statutes of Nevada, Page 953 (CHAPTER 327, SB 198)κ
which is compatible with the system of telecommunication with which it is being used.
________
Senate Bill No. 399Committee on Taxation
CHAPTER 328
AN ACT relating to county improvement; requiring the creation by certain local governments of a taxing district to provide a telephone number to be used in an emergency; and providing other matters properly relating thereto.
[Approved May 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires:
1. Board means the board of county commissioners.
2. District means a taxing district created to establish a system to provide a telephone number to be used in an emergency.
3. System means the system to provide a telephone number to be used in an emergency.
Sec. 3. 1. The board in any county whose population is 250,000 or more, shall, by ordinance, create a taxing district to establish a system to provide a telephone number to be used in an emergency if the question for the funding of the system has been approved by the voters of that county.
2. The boundary of the district:
(a) Must be defined in the ordinance;
(b) May not include any part of an incorporated city unless the governing body of the city petitions the board for inclusion in the district; and
(c) May include only the area served by the system.
3. The board may delegate the operation of the system to a metropolitan police department, if one has been established in the county.
Sec. 4. The system may include:
1. The automatic tracing of the telephone number and location from which a telephone call is made and the transmission of that number or location to the answering location of the system; and
2. Any other feature which enables the system to operate more efficiently and effectively.
Sec. 5. The system shall use 911 as the primary emergency telephone number. The board or the metropolitan police department, if the operation of the system has been delegated to it, may establish a second telephone number to be used in an emergency in any political subdivision participating in the system.
κ1985 Statutes of Nevada, Page 954 (CHAPTER 328, SB 399)κ
Sec. 6. The board may, upon approval of the voters of the county, levy and collect, from year to year, a tax ad valorem on all taxable property in the district. The district is exempt from the limitations imposed by NRS 354.59805, 354.59811 and 354.59816.
Sec. 7. 1. The board shall determine annually, the amount of money necessary to pay the costs of acquiring, operating and maintaining the system and shall fix a rate, not greater than one-half cent per $100 of assessed valuation which, when levied upon every dollar of assessed valuation of taxable property in the district will raise that amount.
2. If the operation of the system has been delegated to the metropolitan police department, it shall submit to the board before March 1 of each year a budget for the operation of the system for the following fiscal year. The board shall consider the departments budget in making its determination of the amount of money necessary to be raised by taxation.
3. Upon approval of the rate, the board shall levy and collect the tax upon the assessed valuation of all taxable property in the district, in the same manner, at the same time and in addition to other taxes levied by the board.
Sec. 8. 1. Any officer charged with the duty of collecting taxes shall collect the taxes levied pursuant to section 7 of this act at the same time and in the same manner, and with like interest and penalties, as other taxes are collected. When the tax is collected, he shall pay it monthly to the county treasurer to the credit of:
(a) The district; or
(b) The metropolitan police department if the operation of the system has been delegated to it.
2. The tax levied pursuant to this act, with any interest or penalties, and the cost of collecting the unpaid tax, penalty or interest, are a lien on the property until they are paid. The lien must be executed, and has the same priority, as a lien for general taxes.
Sec. 9. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 to 16, inclusive, of this act.
Sec. 10. As used in sections 10 to 16, inclusive, of this act, unless the context otherwise requires:
1. Council means the city council.
2. District means a taxing district created to establish a system to provide a telephone number to be used in an emergency.
3. System means the system to provide a telephone number to be used in an emergency.
Sec. 11. 1. If any incorporated city in a county whose population is 250,000 or more is not a part of a district established pursuant to sections 2 to 8, inclusive, of this act the council for that city shall, by ordinance, create a taxing district to establish within the incorporated area of that city a system to provide a telephone number to be used in an emergency if the question for the funding of the system has been approved by the voters of that city.
κ1985 Statutes of Nevada, Page 955 (CHAPTER 328, SB 399)κ
an emergency if the question for the funding of the system has been approved by the voters of that city.
2. The boundary of the district:
(a) Must be defined in the ordinance; and
(b) May include only the area served by the system.
Sec. 12. The system may include:
1. The automatic tracing of the telephone number and location from which a telephone call is made and the transmission of that number or location to the answering location of the system; and
2. Any other feature which enables the system to operate more efficiently and effectively.
Sec. 13. The system shall use 911 as the primary emergency telephone number. The council may establish a second telephone number to be used in an emergency.
Sec. 14. The council, upon approval of the voters of the city, may levy and collect, from year to year, a tax ad valorem on all taxable property in the district. The district is exempt from the limitations imposed by NRS 354.59805, 354.59811 and 354.59816.
Sec. 15. 1. The council shall determine annually, the amount of money necessary to pay the costs of acquiring, operating and maintaining the system and shall fix a rate not greater than one-half cent per $100 of assessed valuation which, when levied upon every dollar of assessed valuation of taxable property in the district will raise that amount.
2. Upon approval of the rate, the council shall levy the tax upon the assessed valuation of all taxable property in the district, in the same manner, at the same time and in addition to other taxes levied by the council.
Sec. 16. 1. Any officer charged with the duty of collecting taxes shall collect the taxes levied pursuant to section 15 of this act at the same time and in the same manner, and with like interest and penalties, as other taxes are collected. When the tax is collected, he shall pay it monthly to the county treasurer to the credit of the district.
2. The tax levied pursuant to this act, with any interest or penalties, and the cost of collecting the unpaid tax, penalty or interest, are a lien on the property until they are paid. The lien must be executed, and has the same priority, as a lien for general taxes.
Sec. 17. NRS 354.59805 is hereby amended to read as follows:
354.59805 Except as otherwise provided in NRS 354.59816, the maximum amount of money which a local government, except a school district , a district to provide a telephone number for emergencies, or a redevelopment agency, is permitted to receive from taxes ad valorem, other than those levied for the payment of bonded indebtedness and interest thereon incurred as a general or short-term obligation of the issuer, or for the payment of obligations under a capital lease executed before April 30, 1981, must be calculated by:
1. First multiplying the tax rate certified for that local government for the fiscal year ending on June 30, 1981, by its assessed valuation as equalized for the collection of taxes during the fiscal year beginning on July 1, 1981.
κ1985 Statutes of Nevada, Page 956 (CHAPTER 328, SB 399)κ
equalized for the collection of taxes during the fiscal year beginning on July 1, 1981. For the purposes of this subsection:
(a) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(b) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
2. Then subtracting the estimated amount to be received by that local government from the supplemental city-county relief tax for the fiscal year for which the tax ad valorem is to be levied. For the fiscal years beginning on and after July 1, 1982, the executive director of the department of taxation shall provide this estimate to the local government on or before February 15 preceding the fiscal year to which it applies. A local government may, on or before March 1 preceding the fiscal year to which the estimate applies, appeal in writing to the Nevada tax commission, which may increase or decrease the estimate as it finds the facts warrant.
3. Then reducing the amount resulting from subsections 1 and 2 if necessary to bring it within any applicable limit provided in NRS 354.59811 or 354.59816.
Sec. 18. NRS 377.057 is hereby amended to read as follows:
377.057 1. The state controller, acting upon the relevant information furnished by the department, shall monthly from the fees, taxes, interest and penalties which derive from the supplemental city-county relief tax collected in all counties and from out-of-state businesses during the preceding month, after making any distributions required by NRS 377.053:
(a) Distribute the amount specified in this paragraph among the following local governments in the following percentages:
Political Subdivision Percentage
Churchill County.............................................................................................. 3.23
City of North Las Vegas.................................................................................. 46.52
City of Carlin..................................................................................................... 2.72
Esmeralda County............................................................................................ .20
Eureka County.................................................................................................. .71
City of Winnemucca........................................................................................ 5.56
City of Caliente................................................................................................. .46
City of Yerington.............................................................................................. 4.77
Mineral County................................................................................................ 9.96
City of Gabbs.................................................................................................... 4.31
Pershing County.............................................................................................. 2.52
City of Lovelock............................................................................................... 5.77
White Pine County.......................................................................................... 5.37
City of Ely.......................................................................................................... 7.90
For the fiscal year beginning July 1, 1981, the monthly amount is $71,110.
κ1985 Statutes of Nevada, Page 957 (CHAPTER 328, SB 399)κ
$71,110. For each succeeding fiscal year, this amount must be reduced by $7,111 from the preceding year.
(b) Distribute to each local government the amount calculated for it by the department of taxation pursuant to subsection 2.
2. The maximum amounts distributable under paragraph (b) of subsection 1 must be estimated for each fiscal year. The percentage of maximum allowable revenue, as determined pursuant to NRS 354.59805, to be derived from the supplemental city-county relief tax must be as nearly equal among the several counties as possible. The amount apportioned to each county must then be apportioned among the several local governments therein, including the county and excluding the school district , any district to provide a telephone number for emergencies, and any redevelopment agency, in the proportion which each local governments basic ad valorem revenue bears to the total basic ad valorem revenue of all these local governments except that no local government may receive more than the amount to which it is entitled pursuant to NRS 354.59811 and 354.59816. When any local government has received the maximum supplemental city-county relief tax calculated to be distributed to it, any remaining money otherwise distributable to it must be deposited in the reserve fund for the supplemental city-county relief tax.
3. As used in this section, the basic ad valorem revenue:
(a) Of each local government is its assessed valuation for the year of distribution, multiplied by the rate levied on its behalf for the fiscal year ending June 30, 1981, for purposes other than paying the interest on and principal of its general obligations. For the purposes of this paragraph:
(1) A county whose actual tax rate, for purposes other than debt service, for the fiscal year ending on June 30, 1981, was less than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than 80 cents per $100 of assessed valuation.
(2) A fire district in such a county whose tax rate was more than 50 cents per $100 of assessed valuation is entitled to the use of a rate not greater than $1.10 per $100 of assessed valuation.
(b) Of the county for the distribution under subsection 1 is the sum of its individual basic ad valorem revenue and those of the other local governments within it, excluding the school district.
4. For the purposes of this section, a fire district organized pursuant to chapter 473 of NRS is a local government.
Sec. 19. The board of county commissioners of any county whose population is 250,000 or more or the city council of any incorporated city described in section 11 of this act on the effective date of this act shall, by emergency ordinance, create a district pursuant to sections 2 to 8, inclusive, or sections 10 to 16, inclusive, of this act. If before the effective date of this act the people of a county have voted on the establishment of the system described in this act, and the proposal was approved by a majority of the voters voting on the question:
1. In the county, the requirement of section 3 for a vote is satisfied.
2. In a city, the requirement of section 11 for a vote is satisfied.
κ1985 Statutes of Nevada, Page 958 (CHAPTER 328, SB 399)κ
Sec. 20. Notwithstanding the contrary provisions of section 7 of this act, if a board of county commissioners which is required immediately to create a district delegates the operation of a system to provide a telephone number to be used in an emergency to a metropolitan police department, the department shall submit to the board a budget for the operation of the system within 15 days after the passage and approval of this act.
Sec. 21. This act takes effect upon passage and approval for the estimation of the amount needed and the certification of the tax rate.
________
Assembly Bill No. 401Assemblymen Williams, Stone, Sedway, Malone, Jeffrey, Thompson, Sader, Zimmer, Ham, Joerg, Francis, Banner, Lambert, Rader, Bilyeu, Bogaert, Bergevin, Coffin, Kerns, Arberry, Tebbs, Craddock and Beyer
CHAPTER 329
AN ACT relating to trade practices; concerning memberships in athletic clubs and organizations for buying goods and services at a discount; providing penalties; and providing other matters properly relating thereto.
[Approved May 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 598 of NRS is hereby amended by adding thereto the provisions of sections 2 to 28, inclusive, of this act.
Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires:
1. Athletic club means any enterprise which offers the use of its facilities for the maintenance or development of physical fitness or the control of weight, except:
(a) A nonprofit public or private school, college or university;
(b) The state or any political subdivision; or
(c) A nonprofit religious or ethnic organization or a nonprofit organization for the benefit of the community or its members.
2. Buyer means any person who contracts with an athletic club for the use of its facilities.
3. Commissioner means the commissioner of the division.
4. Division means the division of consumer affairs of the department of commerce.
Sec. 3. The provisions of sections 2 to 9, inclusive, of this act, apply to contracts for the use of the facilities at an athletic club only if:
1. The buyer purchases or becomes obligated to purchase the use of the facilities for more than 3 months;
2. The use of the facilities is intended for the buyer or for the buyer and members of his family; and
3. The club requires the payment of the amount due under the contract more than 3 months in advance.
κ1985 Statutes of Nevada, Page 959 (CHAPTER 329, AB 401)κ
Sec. 4. 1. Each owner of an athletic club shall register with the division, listing the full name and address of the club and any other description of its facilities the division requires.
2. At least one member of the governing body of the club must live in a county where the club is located. He is the agent of the club and its owner for receipt of process served.
Sec. 5. 1. Before contracting with a buyer, the owner of the athletic club shall deposit with the division:
(a) A bond executed by a corporate surety approved by the commissioner and licensed to do business in this state;
(b) An irrevocable letter of credit of which the owner of the athletic club is the obligor and issued by a bank whose deposits are federally insured; or
(c) A certificate of deposit in a federally insured financial institution, which may be withdrawn only on the order of the commissioner, except that the interest may accrue to the owner.
2. The amount of the bond, letter of credit or certificate of deposit must be $25,000, and the bond, letter of credit or certificate of deposit must be conditioned on compliance by the owner with the provisions of sections 3 to 9, inclusive, of this act, and the terms of the contract with a buyer.
3. Any buyer who is injured because of breach of contract or bankruptcy may bring and maintain an action to recover against the bond, letter of credit or certificate of deposit.
4. The liability of the surety does not exceed the amount of the bond regardless of the number of claims filed or the aggregate amount claimed. If the amount claimed exceeds the amount of the bond, the surety shall deposit the amount of the bond with the division which will distribute the money to claimants entitled to restitution. The surety is then relieved of all liability under the bond.
5. The athletic club shall maintain the bond in full force while it is doing business and shall keep accurate records of the bond and the payments made on the premium. These records must be open to inspection by the division during business hours. It shall notify the division no later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the division.
6. The division may apply for a writ of mandate to require the health club to register or to deposit and maintain the security required by this section.
Sec. 6. A contract for use of the facilities of an athletic club may not contain a clause by which the contract is automatically renewed. It may contain an option for continued membership which is not valid unless accepted specifically by the buyer.
Sec. 7. If a buyer becomes disabled during the term of a contract, and a physician confirms in writing to the athletic club that:
1. The buyer is not physically able to use the facilities of the club; and
κ1985 Statutes of Nevada, Page 960 (CHAPTER 329, AB 401)κ
2. The disability will continue for more than 3 months,
the buyer is entitled to suspend the contract for the duration of the disability. After he recovers, he is entitled to an extension of the contract for a period equal to the time of the disability. If he is permanently disabled he may cancel the contract and receive a refund pro rata of the amount paid pursuant to it.
Sec. 8. 1. If an athletic club is closed for more than 1 month, through no fault of the buyer, he is entitled to:
(a) Extend the contract for a period equal to the time the club is closed; or
(b) Receive a refund pro rata of the amount paid pursuant to the contract.
2. If the club is closed without fault of its owner or management, the election of remedies under subsection 1 must be made by the club. If the club is closed because of the fault of its owners or management, the election must be made by the buyer.
Sec. 9. 1. A buyer may cancel a contract for use of the facilities of an athletic club within 3 business days after he receives a copy of the contract by notifying the club in writing. The notice must be delivered in person or by mail postmarked by midnight of the 3rd business day. The club shall include in the contract the right of the buyer to cancel.
2. If a club is not in existence when the contract for use of its facilities is executed, the buyer may cancel the contract if the club is not open on the date provided in the contract.
3. If the buyer cancels the contract pursuant to this section, the club shall refund any deposit, down payment or other payment made by the buyer.
Sec. 10. As used in sections 10 to 28, inclusive, of this act, unless the contest otherwise requires:
1. Buyer means a person who purchases by contract a membership in an organization for buying goods or services at a discount.
2. Commissioner means the commissioner of the consumer affairs division of the department of commerce.
3. Organization for buying goods or services at a discount or organization means a person who, for a consideration, provides or claims to provide a buyer with the ability to purchase goods or services at a price which is represented to be lower than the price generally charged in the area.
Sec. 11. An organization in which:
1. The consideration for the contract for membership is $50 or less or is an annual fee of $25 or less; or
2. Providing goods or services at a discount is not the primary purpose of the organization but is incidental to membership in the organization,
is not subject to the provisions of sections 10 to 28, inclusive, of this act.
κ1985 Statutes of Nevada, Page 961 (CHAPTER 329, AB 401)κ
Sec. 12. 1. Each organization shall deposit with the commissioner:
(a) A bond executed by a corporate surety approved by the commissioner and licensed to do business in this state;
(b) An irrevocable letter of credit of which the organization is the obligor and issued by a bank whose deposits are federally insured; or
(c) A certificate of deposit in a federally insured financial institution, doing business in this state, which may be withdrawn only on the order of the commissioner, except that interest may accrue to the organization.
2. The amount of the bond, letter of credit or certificate of deposit must be $50,000, and it must be conditioned on compliance by the owner with the provisions of sections 10 to 28, inclusive, of this act, and the terms of the contact with the buyer. Any buyer who is injured because of a breach of contract or bankruptcy may bring and maintain an action to recover against the bond, letter of credit or certificate of deposit.
3. The liability of the surety does not exceed the amount of the bond regardless of the number of claims filed or the aggregate amount claimed, and does not include treble damages allowed by section 26 of this act. If the amount claimed exceeds the amount of the bond, the surety shall deposit the amount of the bond with the commissioner who shall distribute the money to claimants entitled to restitution. The surety is then relieved of all liability under the bond.
4. The organization shall maintain the bond in full force while it is doing business and shall keep accurate records of the bond and the payments made on the premium. The records must be open to inspection by the division during business hours. The organization shall notify the commissioner no later than 30 days before the date of expiration of the bond and provide written proof of the renewal of the bond to the commissioner.
5. The commissioner may apply for a writ of mandate to require the organization to deposit and maintain the security required by this section.
Sec. 13. 1. Before the organization receives any money from any buyer pursuant to a contract for membership in the organization, it shall establish a trust account for payments on contracts at a federally insured financial institution. Each payment from a buyer for his contract for membership except for $50 of the first payment, must be deposited in the account. During each quarter of the term of a contract or each 6 months, whichever is shorter the trustee shall withdraw one quarter of the buyers payments from the account and pay the amount to the organization.
2. If the organization sells, transfers or assigns the contract with the buyer to a third party, and the third party gives reasonable consideration for the contract, the organization shall deposit the consideration in the trust account. If the third party does not give reasonable consideration for the contract, the organization shall deposit all payments on the contract from the buyer in the organizations trust account for payments on the contract.
κ1985 Statutes of Nevada, Page 962 (CHAPTER 329, AB 401)κ
the contract from the buyer in the organizations trust account for payments on the contract.
Sec. 14. 1. Before the organization accepts money from any buyer for an order of goods or services, it shall establish a trust account for the deposit of payments on goods or services. The organization shall deposit all money received from each buyer for goods or services, including charges for freight, delivery, installation or taxes or other charges, unless the total cost is $50 or less in the trust account. The trust account must be for the benefit of buyers who order goods or services from the organization.
2. The trustee may withdraw money from the trust account for payments on goods or services to pay the source of the goods or services ordered by the buyer, or to make a refund to the buyer. After such withdrawal, the trustee may withdraw that percentage of the remainder of the deposit from the buyer which represents the organizations profit.
Sec. 15. 1. The trust accounts required by sections 13 and 14, of this act, must be administered by an independent trustee approved by the commissioner. All fees charged by the trustee to administer an account must be paid by the organization.
2. The trustee shall withdraw money from the trust account for payments on goods or services only upon written proof from the source of the goods or services that the items have been shipped or delivered to the buyer. The commissioner may audit the trustee as necessary to ensure compliance with sections 10 to 28, inclusive, of this act.
Sec. 16. Each organization, before the prospective buyer signs a contract or application for membership in the organization, shall give to the buyer in writing:
1. A description of the exact nature of the services it provides, specifying the general categories of goods which are available at the organizations place of business or warehouse, those categories of goods which must ordered or obtained through stores to which the organization refers the buyer and those categories of goods which must be ordered or obtained through the mail.
2. A list, current within 60 days immediately preceding the signing of the contract, of at least 100 items which are sold by or through the organization or available to a buyer, identified by the name of the brand, model and total price including a reasonable estimate of charges for freight, delivery and installation, the organizations markup and a reasonable estimate of any other charges the organization imposes. The items must be reasonably representative of the type of goods available. In lieu of providing such a list, the organization shall give to the buyer, in writing, a list of at least 100 items which were purchased by its members through the discount buying organization during the preceding 60 days. The list must identify the items by the name of the brand, model and total selling price including charges for freight, delivery and installation, the organizations markup, and any other charges imposed by the discount buying organization, and must be representative as to the type of goods sold and the prices charged for the goods listed as sold during that period.
κ1985 Statutes of Nevada, Page 963 (CHAPTER 329, AB 401)κ
during that period. If the number of different items available through an organization is less than 100, it may furnish a list of the total items available, containing the same information as the previous lists, with a statement that those are the only goods available. Any list required by this subsection must state the date on which it was prepared.
3. A statement of the organizations policy with respect to warranties or guarantees on goods ordered, and the policy with respect to the return of ordered goods, cancellation of orders by the buyer and refunds for cancellation or return.
4. A description of any charges, such as charges for freight, delivery and installation, the sellers markup and any other charges which are incidental to the purchase of goods and which are to be paid by the buyer. A disclosure of specific costs must also be made on each order placed through the organization.
5. A statement whether any stockholder, director, officer, general or limited partner of the discount buying organization:
(a) Has been convicted of a felony or misdemeanor or pleaded nolo contendere to a felony or misdemeanor charge, if it involved fraud, embezzlement, misappropriation of property or a violation of sections 10 to 28, inclusive, of this act.
(b) Has been held liable in a civil action by final judgment or consented to the entry of a stipulated judgment if the civil action alleged fraud, embezzlement, misappropriation of property, a violation of sections 10 to 28, inclusive, of this act, the use of untrue or misleading representations in an attempt to sell or dispose of real or personal property, or the use of unfair, unlawful or deceptive business practices; or
(c) Is subject to a currently effective injunction or restrictive order relating to any business activity as the result of an action brought by a governmental agency, and including the name of the court, the date of the order or injunction and the name of the governmental agency that filed the action.
Sec. 17. Each contract for membership in an organization must:
1. Be in writing, legible and have all spaces filled in before the buyer signs it;
2. Be in the language in which the sales presentation was given;
3. Contain the addresses of the buyer and the organization;
4. Be given to the buyer when he signs it;
5. Disclose that the security required by section 12 of this act has been obtained and deposited with the commissioner;
6. Specify the term of the membership of the buyer, which may not be measured by the buyers life; and
7. Clearly specify the buyers right to cancel the contract pursuant to section 19 of this act.
Sec. 18. A contract for membership in an organization must not:
1. Require payments or financing by the buyer for more than 2 years from the date the contract was executed; or
2. Deny a third party the right to assert a cause of action or defense which the buyer has against the organization.
κ1985 Statutes of Nevada, Page 964 (CHAPTER 329, AB 401)κ
Sec. 19. The buyer may cancel a contract for membership in an organization by giving the organization written notice of the cancellation within 3 business days after he receives a copy of the contract. The notice must be delivered in person or by mail postmarked by midnight of the 3rd business day. The organization shall return all money paid by the buyer within 15 days after it receives the notice of cancellation.
Sec. 20. The membership of the buyer in an organization becomes effective 7 days after the contract for membership is signed.
Sec. 21. If any goods ordered by the buyer are not delivered to the buyer or available for pickup by the buyer at a location within his county of residence within 6 weeks after he places the order for the goods or by a date agreed upon at the time of the order, any money paid by the buyer for the goods must, at his request, be refunded.
Sec. 22. An organization shall not make any untrue or misleading representations to the buyer or in its advertising. A contract for membership in an organization where any untrue or misleading representation was made to the buyer or the buyer was made aware of the untrue or misleading representation is void and unenforceable by the organization.
Sec. 23. If an organization does not comply with the provisions of sections 10 to 28, inclusive, of this act, except section 22 of this act, the buyer may agree in writing, after a full disclosure, to any correction of the defect if the correction is made within 30 days after he signs the contract for membership in the organization. If the buyer does not consent, or if the correction is not made within the 30-day period, the contract is rescinded, and the buyer must be given a full refund.
Sec. 24. 1. If an organization transfers its obligation to provide goods or services to a buyer to another organization which provides substantially fewer goods or services, the buyer may consent to the transfer in writing after a full disclosure to him of the goods and services to be provided by the new organization. If a buyer does not consent, his contract is rescinded, and he must be given a refund pro rata based on the amount of time he was a member of the organization.
2. The buyer may rescind the contract and the organization shall give him a refund pro rata based on the amount of time he was a member, if:
(a) The organization moves its place of business which is geographically closest to the buyers residence as indicated in the contract, more than 20 miles farther from the buyers residence than it was when the contract for membership was signed; or
(b) Within 6 months after the contract for membership was signed, the organization stops providing any category of goods or services represented to the buyer to be available when he signed the contract.
Sec. 25. Any waiver by the buyer of the provisions of sections 10 to 28, inclusive, of this act, is contrary to public policy and void.
κ1985 Statutes of Nevada, Page 965 (CHAPTER 329, AB 401)κ
Sec. 26. 1. A cause of action or a defense of a buyer against the organization is not extinguished by the transfer, assignment or sale of the contract for membership in the organization to a third party.
2. In an action by a buyer against an organization for violation of the provisions of sections 10 to 28, inclusive, of this act, the court may award restitution, treble damages, reasonable attorneys fees and costs. If the course of action was based on a violation of section 22 of this act, the court may award the buyer $1,000, reasonable attorneys fees and costs or restitution, treble damages, reasonable attorneys fees and costs, whichever is greater.
Sec. 27. 1. Any person who violates section 13 or 14 of this act shall be punished by a fine of not more than $10,000 or imprisonment in the state prison for not more than 1 year, or by both fine and imprisonment.
2. Any person who violates section 4, 5, 6, 9 or 12 or sections 15 to 28, inclusive, of this act, is guilty of a misdemeanor.
Sec. 28. The remedies, duties and prohibitions of sections 10 to 28, inclusive, of this act are not exclusive and are in addition to any other remedies provided by law.
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Senate Bill No. 360Committee on Taxation
CHAPTER 330
AN ACT relating to metropolitan police departments; authorizing short-term financing for the acquisition of an automated system for fingerprints; providing for a tax ad valorem; and providing other matters properly relating thereto.
[Approved May 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. As used in this act, the words and terms defined in chapters 280 and 354 of NRS and in section 2 of this act have the meanings ascribed to them in those chapters and that section respectively.
Sec. 2. Taxable area means the geographical area which may be taxed ad valorem for the retirement of obligations of a department.
Sec. 3. The geographical area comprising the unincorporated area of the participating county and the area within the boundaries of each participating city of a metropolitan police department constitutes the taxable area for that department.
Sec. 4. 1. The committee, by a resolution unanimously adopted, may authorize short-term financing in the manner provided in chapter 354 of NRS to acquire, for the use and benefit of the department, an automated system for fingerprints. The amount so financed must not be more than $1,200,000.
κ1985 Statutes of Nevada, Page 966 (CHAPTER 330, SB 360)κ
2. For the purposes of this act and chapter 354 of NRS, the department is a body corporate and politic, a political subdivision of the state and a quasi-municipal district.
Sec. 5. The district shall permit local governments and agencies of the state to use the system when acquired, and may impose a charge sufficient to recover the additional cost of this use.
Sec. 6. The committee shall levy and the county treasurer shall collect on behalf of the department, in the manner provided in NRS 354.460, a tax ad valorem on all taxable property within the taxable area of the department at the rate required to retire the short-term indebtedness of the department but not to yield in any year more than the amount necessary to amortize the amount financed over a period of 5 years, including principal and interest. This tax is exempt from the limitation on levy of taxes ad valorem imposed by NRS 354.59805, 354.59811 and 354.59816.
Sec. 7. 1. Upon the withdrawal of a political subdivision from the department:
(a) All taxable property within the boundaries of that political subdivision which was included in the taxable area at the time any indebtedness was incurred under this act remains subject to the levy of taxes for the payment of its proportionate share of that indebtedness.
(b) Any real or personal property whose acquisition was financed pursuant to this act must be immediately inventoried and appraised.
2. The withdrawing political subdivision is entitled to receive its share of the value of that real or personal property, in cash or in kind, or both, or in such other manner as determined by the committee, in the proportion that the total contribution of taxes collected within its borders to the retirement of the indebtedness on that property during the fiscal years the indebtedness was outstanding before its withdrawal bears to the total contribution of the taxes collected within the borders of all participating political subdivisions to the retirement of that indebtedness during that time.
Sec. 8. Notwithstanding the provisions of NRS 354.430 and 354.618, the committee is not required to submit its proposal for short-term financing pursuant to the provisions of this act to the executive director of the department of taxation or the members of the Nevada tax commission for their approval.
Sec. 9. Any interest earned on the proceeds of any indebtedness pursuant to this act or on their short-term debt service fund may be applied to the completion of the acquisition or capital improvements of properties directly related to the project for which the financing is authorized, including the purchase of any equipment needed to complete and utilize the project. Any money not expended for this purpose must be credited immediately to that short-term debt service fund. The money credited must be used to redeem the indebtedness and pay any interest thereon, subject to any agreement concerning the time and method for their payment or to the proceeding authorizing or otherwise pertaining to their issuance.
κ1985 Statutes of Nevada, Page 967 (CHAPTER 330, SB 360)κ
Sec. 10. A metropolitan police department which receives revenue from taxes ad valorem pursuant to this act is not entitled to receive any distribution of supplemental city-county relief tax.
Sec. 11. The authority for short-term financing under this act expires on December 31, 1985, but this section does not affect any contract evidencing such indebtedness or the power of the committee to levy general taxes ad valorem to pay the principal of and interest on the short-term financing, as they become due.
Sec. 12. This act becomes effective upon passage and approval.
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Senate Bill No. 355Committee on Judiciary
CHAPTER 331
AN ACT relating to trusts; authorizing the publication of notice to the creditors of a nontestamentary trust of the death of the settlor of the trust; and providing other matters properly relating thereto.
[Approved May 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 164 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The trustee of a nontestamentary trust may after the death of the settlor of the trust cause to be published a notice in the manner specified in paragraph (b) of subsection 1 of NRS 155.020.
2. If notice is so published, it must be in substantially the following form:
Notice to Creditors
Notice is hereby given that the undersigned is the duly appointed and qualified trustee of the .......................................... trust. ..............................., the settlor of that trust died on .......................................... A creditor having a claim against the trust estate must file his claim with the undersigned at the address given below within 90 days after the first publication of this notice.
Dated.........................................
.........................................................
Trustee
.........................................................
Address
3. Any claim against the trust estate not filed within 90 days after the first publication of notice is forever barred. After 90 days from the first publication of the notice, the trustee may distribute the assets of the trust to its beneficiaries without personal liability to any creditor who has failed to file a claim with the trustee.
κ1985 Statutes of Nevada, Page 968 (CHAPTER 331, SB 355)κ
trust to its beneficiaries without personal liability to any creditor who has failed to file a claim with the trustee.
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Assembly Bill No. 268Assemblymen Swain, Malone, Stone, Nevin, Sader, Coffin, Rader, Arberry, Ham, Zimmer, Roberts, Williams, ODonnell, Spriggs, Horne, Tebbs, Price, Craddock, Schofield, Thompson, McGaughey, Sedway, Dini, Jeffrey, Kerns, Beyer, Lambert, Francis, Joerg, Bogaert, Nicholas, Thomas, Humke, Bergevin, Marvel, Getto and Fairchild
CHAPTER 332
AN ACT relating to victims of crime; providing that judgment of conviction is conclusive evidence in action by victim; prohibiting actions against victims by offenders; and providing other matters properly relating thereto.
[Approved May 30, 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 by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. If an offender has been convicted of the crime which resulted in the injury to the victim, the judgment of conviction is conclusive evidence of all facts necessary to impose civil liability for the injury.
Sec. 3. A person who is convicted of committing or attempting to commit sexual assault, kidnaping, arson, robbery, burglary, sexual molestation of a child under the age of 14 years or any criminal homicide may not bring an action against the victim or the victims estate for injuries sustained by the offender in the course of the crime.
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Senate Bill No. 492Committee on Finance
CHAPTER 333
AN ACT relating to state lands; authorizing the extension of a lease to Washoe County of the real property on which the Washoe County jail is located; and providing other matters properly relating thereto.
[Approved May 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The state land registrar shall administer and sell, lease or exchange, in the manner prescribed in this act, the following real property belonging to the State of Nevada and situated in Washoe County, Nevada:
Commencing at the west Ό corner of section 7, T. 19 N., R. 20 E., M.D.B. & M.; and proceeding thence N. 89°35'05" E., 2,395.07 feet;
κ1985 Statutes of Nevada, Page 969 (CHAPTER 333, SB 492)κ
thence N. 0°01'47" E., 50.79 feet to the true point of beginning, said point being on the northerly line of East Second Street; thence N. 0°01'47" E., 630 feet to the meander line of the Truckee River; thence along the meander line of the Truckee River S. 45°30'00" E., 460.05 feet; thence along the meander line S. 27°37'00" E., 338.28 feet to a point on the northerly line of East Second Street; thence along the northerly line of East Second Street S. 89°06'54" W., 484.72 feet to the true point of beginning. Containing an area of 4.057 acres of land, more or less, and being contained entirely within Lot 10, section 7, T. 19 N., R. 20 E., M.D.B. & M.
Sec. 2. The state land registrar may lease the property described in section 1 of this act to Washoe County on or before June 30, 1985. If the property is not leased to Washoe County on or before that date, the state land registrar shall attempt to negotiate an exchange of the desired property for any other land of equal value which it is in the interest of the State of Nevada to acquire. If no such exchange is negotiated on or before September 30, 1985, the state land registrar shall offer the land for sale in the manner prescribed by NRS 321.335 but subject to the further requirements of this act.
Sec. 3. Any proposed lease, exchange or agreement for sale must, before it becomes effective, be approved by:
1. The legislature, if it is in regular session, by concurrent resolution; or
2. The interim finance committee, if the legislature is not in regular session.
Sec. 4. If the property is sold, all proceeds must be placed in a special account in the state general fund, and may be used only for the purchase of recreational lands for the department of wildlife or the division of state parks of the state department of conservation and natural resources. Any such purchase must be approved in advance by the legislature or, if the legislature is not in regular session, by the interim finance committee.
Sec. 5. Chapter 307, Statutes of Nevada 1981, at page 566, is hereby repealed.
Sec. 6. This act becomes effective upon passage and approval.
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κ1985 Statutes of Nevada, Page 970κ
Senate Bill No. 467Senators Wagner, Foley, Bilbray, Ryan, Rawson and Hickey
CHAPTER 334
AN ACT relating to gaming; prohibiting the use of a device for calculating probabilities; providing a penalty; and providing other matters properly relating thereto.
[Approved May 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 465 of NRS is hereby amended by adding thereto a new section to read as follows:
It is unlawful for any person at a licensed gaming establishment to use, or possess with the intent to use, any device to assist:
1. In projecting the outcome of the game;
2. In keeping track of the cards played;
3. In analyzing the probability of the occurrence of an event relating to the game; or
4. In analyzing the strategy for playing or betting to be used in the game,
except as permitted by the commission.
Sec. 2. NRS 465.088 is hereby amended to read as follows:
465.088 1. Any person who violates any provision of NRS 465.070 to 465.085, inclusive, or section 1 of this act shall be punished:
(a) For the first offense, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
(b) For a second or subsequent violation of any of these provisions, 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. The court shall not suspend a sentence of imprisonment imposed pursuant to this paragraph, or grant probation to the person convicted.
2. Any person who attempts, or two or more persons who conspire, to violate any provision of NRS 465.070 to 465.085, inclusive, or section 1 of this act each shall be punished by imposing the penalty provided in subsection 1 for the completed crime, whether or not he personally played any gambling game or used any prohibited device . [to cheat or facilitate cheating.]
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κ1985 Statutes of Nevada, Page 971κ
Senate Bill No. 174Committee on Commerce and Labor
CHAPTER 335
AN ACT relating to intoxicating liquors; increasing the requirements for licenses for wholesalers and importers; and providing other matters properly relating thereto.
[Approved May 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 369.384 is hereby amended to read as follows:
369.384 1. No person is eligible to obtain an importers or wholesalers license unless he agrees to, or to retain the license unless he does:
[1.] (a) Maintain for distilled spirits, if he imports them or sells them at wholesale, warehouse and office space owned or leased by him or dedicated to his use in a public warehouse sufficient to store at one time [:
(a) A stock equal to 10 percent or more of his annual gross volume of sales to retailers within this state; or
(b) A] a stock whose cost of acquisition is [$50,000] $100,000 or more; or
[2.] (b) Maintain for wine or beer, if he imports either of them or sells either at wholesale, warehouse and office space owned or leased by him or dedicated to his use in a public warehouse sufficient to store at one time [:
(a) A stock equal to 10 percent or more of his annual gross volume of sales to retailers within this state; or
(b) A] a stock whose cost of acquisition is [$10,000] $30,000 or more, and offer to sell to [retailers generally rather than a selected few retailers.] , and provide services for, at least 75 percent of the retailers in his territory as designated by the supplier.
2. The stock required by this section must be owned by him, not held on consignment and not acquired pursuant to a prior agreement to sell it to a specific licensee or licensees. [An importer or wholesaler whose total volume of sales of distilled spirits to retailers during any 12-month period consists of 50 percent or more of individual sales in quantities of 10 cases or less sells to retailers generally.]
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κ1985 Statutes of Nevada, Page 972κ
Assembly Bill No. 443Committee on Judiciary
CHAPTER 336
AN ACT relating to criminal procedure in justices court; requiring dismissal of an appeal if the defendant fails to apply within the prescribed time to reset the hearing after a continuance; and providing other matters properly relating thereto.
[Approved May 30, 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 1. An appeal 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 hearing.
2. If an appeal has been set for hearing and the hearing is vacated at the request of the appellant, the appeal must be dismissed unless application is made by the appellant to reset the hearing within 60 days after the date on which the hearing was vacated.
________
Senate Bill No. 218Committee on Commerce and Labor
CHAPTER 337
AN ACT relating to trusts; authorizing certain banks and trust companies and their affiliates to establish and invest in common trust funds; and providing other matters properly relating thereto.
[Approved May 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 164.080 is hereby amended to read as follows:
164.080 1. Any bank or trust company qualified to act as fiduciary in this state , or in any other state if affiliated with a bank or trust company qualified to act as fiduciary in this state, may [establish] :
(a) Establish common trust funds [for the purpose of furnishing] to furnish investments to itself and its affiliated bank or trust company as fiduciary [,] or to itself , its affiliated bank or trust company and others, as cofiduciaries; and [may, as such]
(b) As fiduciary or cofiduciary, invest [funds] money which it lawfully holds for investment in interests in [such] those common trust funds, if [such] the investment is not prohibited by the instrument, judgment, decree or order creating [such] the fiduciary relationship, and if, in the case of cofiduciaries, the bank or trust company procures the consent of its cofiduciaries to [such] the investment.
2. Any bank or trust company, qualified to act as fiduciary in the state in which it was chartered, which is not a member of the Federal Reserve System shall, in the operation of the common trust fund, comply with the regulations adopted by the supervisor of banking in the state in which it was chartered and with the regulations adopted by the administrator of financial institutions in this state.
κ1985 Statutes of Nevada, Page 973 (CHAPTER 337, SB 218)κ
Reserve System shall, in the operation of the common trust fund, comply with the regulations adopted by the supervisor of banking in the state in which it was chartered and with the regulations adopted by the administrator of financial institutions in this state.
3. The administrator of the division of financial institutions of the department of commerce may adopt regulations to carry out the provisions of NRS 164.070 to 164.120, inclusive.
4. As used in this section, affiliated means two or more banks or trust companies:
(a) In which at least 25 percent of their voting shares, excluding shares owned by the United States or by any company wholly owned by the United States, are directly or indirectly owned or controlled by a holding company; or
(b) In which the election of a majority of the directors is controlled in any manner by a holding company.
________
Senate Bill No. 210Senators Wilson, Foley, Wagner, Bilbray, Hickey, Ryan and Rawson
CHAPTER 338
AN ACT relating to racketeering; creating the revolving fund for the prosecution of racketeering; providing for its use; making an appropriation; and providing other matters properly relating thereto.
[Approved May 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 207 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The revolving fund for the prosecution of racketeering is hereby created as a revolving special revenue fund. Any amount of the balance in the fund in excess of $50,000 must be deposited in the state general fund.
2. The attorney general shall use the money in the fund to pay the expenses involved in the investigation of racketeering activity and any civil action or criminal prosecution related thereto. He may distribute money in the fund to other law enforcement agencies in this state for similar use. To the extent possible, each such agency shall reimburse the fund with money it obtains as a result of a forfeiture or settlement which arises from any civil action or criminal prosecution related to racketeering activity. Each such agency shall also deposit in the fund an amount equal to 10 percent of the actual value of any other proceeds or property obtained in the forfeiture or settlement.
Sec. 2. NRS 207.500 is hereby amended to read as follows:
207.500 1. The state, county or city may sell or retain for its official use the property or interests so forfeited. If the forfeited property or interest is to be sold or otherwise disposed of, the state, county or city shall do so as soon as commercially feasible.
κ1985 Statutes of Nevada, Page 974 (CHAPTER 338, SB 210)κ
interest is to be sold or otherwise disposed of, the state, county or city shall do so as soon as commercially feasible. Except as otherwise provided in subsection 2, the proceeds from such a sale must [first] be used :
(a) First to satisfy a claim of an injured person as provided in NRS 207.470 [and then] ;
(b) Then for payment of all proper expenses of any proceedings for the forfeiture and sale, including any expenses for the seizure and maintenance of the property, advertising and court costs [.] ; and
(c) Then to repay any money received pursuant to section 1 of this act and to pay the amount required to be paid by that section.
The balance of the proceeds, if any, must be deposited in the general fund of the state or a county or city as the court provides in the order of forfeiture.
2. If the property forfeited is encumbered by a bona fide security interest and the secured party shows that he did not consent or have knowledge of the violation causing the forfeiture, the state shall pay [off] the existing balance or return the property to the secured party.
Sec. 3. There is hereby appropriated from the state general fund to the fund for the prosecution of racketeering created pursuant to section 1 of this act the sum of $25,000.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 391Senators Vergiels, Mello, Gibson, Horn, Neal, Jacobsen, Raggio, Bilbray, Glover, Hickey, Rawson, Shaffer, Townsend, Wilson, Redelsperger, Rhoads, Robinson, Wagner, OConnell and Foley
CHAPTER 339
AN ACT relating to benefits for the elderly; raising the homeowners allowance against property taxes and the renters refund changing the proportion of rent attributable to property tax; and providing other matters properly relating thereto.
[Approved May 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.803 is hereby amended to read as follows:
361.803 1. The legislature finds that:
(a) Senior citizens of this state live, as a rule, on limited [retirement] incomes which remain fixed while property taxes and other costs constantly rise.
(b) The erosion of senior citizens income in terms of true value threatens to destroy the ability of many to retain ownership of the homes in which they had planned to spend their later years.
(c) Senior citizens are often forced to divert an excessive portion of their incomes into the property taxes on their homes, thus leaving insufficient funds for other things essential to their well-being.
(d) Many senior citizens who rent their homes or lots for mobile home [lots] also pay an excessive portion of their income into property taxes through [the media of rent payments.
κ1985 Statutes of Nevada, Page 975 (CHAPTER 339, SB 391)κ
[lots] also pay an excessive portion of their income into property taxes through [the media of rent payments.
(e) Seventeen percent of the rent senior citizens pay approximates their contribution toward residential property taxes.] rental payments.
2. The legislature therefore declares that:
(a) It is the public policy of this state to provide assistance to its senior citizens who are carrying an excessive burden of taxes on residential property [tax burden] in relation to income.
(b) The purpose of the [Senior Citizens Property Tax Assistance Act] provisions of NRS 361.800 to 361.877, inclusive, is to provide relief to eligible senior citizens, through a system of [property tax] credit memoranda, refunds and transfers concerning property taxes from the senior citizens [property tax assistance account.] account for assistance with property taxes.
Sec. 2. NRS 361.830 is hereby amended to read as follows:
361.830 [] Rent deemed to constitute accrued property tax [ is 17 percent of the total rent which a claimant has paid in cash.] is that portion of the rent which is documented by the landlord to be attributable to property taxes, or 6 percent of the rent which a claimant has paid, whichever is lower.
Sec. 3. NRS 361.833 is hereby amended to read as follows:
361.833 1. A senior citizen whose home is placed upon the secured or unsecured tax roll, who has owned and maintained as his primary residence the home for at least 6 months immediately preceding the filing of his claim and whose household income is not more than [$14,000] $15,100 is entitled to an allowance against the property tax accrued against his home to the extent determined by the percentage shown opposite his household income range on the schedule below:
PERCENT TAX
INCOME RANGE Percent of
Claimants
If the Amount of Property Tax
Applicants Household But Not Accrued Allowable
Income Is Over Over as Assistance Is
$0 — [$5,000] $5,400 90
[5,000] 5,400 — [8,000] 8,700 80
[8,000] 8,700 — [10,000] 10,800 50
[10,000] 10,800 — [12,000] 13,000 25
[12,000] 13,000 — [14,000] 15,100 10
2. The amount of the allowance must not exceed the amount of the accrued property tax paid by the claimant or $500, whichever is less.
Sec. 4. NRS 361.835 is hereby amended to read as follows:
361.835 A senior citizen who has rented and maintained his primary residence in a home or on a mobile home lot for at least 6 months of the preceding calendar year and whose household income is not more than [$14,000] $15,100 is entitled to a refund as determined in accordance with the schedule in NRS 361.833, but only with respect to that portion of his rent which is rent deemed to constitute accrued property tax.
κ1985 Statutes of Nevada, Page 976 (CHAPTER 339, SB 391)κ
portion of his rent which is rent deemed to constitute accrued property tax.
________
Senate Bill No. 448Committee on Government Affairs
CHAPTER 340
AN ACT relating to urban redevelopment; allowing a municipal officer or employee to own property in the project area for use as his personal residence; and providing other matters properly relating thereto.
[Approved May 30, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 279.454 is hereby amended to read as follows:
279.454 [No agency or community]
1. Except as provided in subsection 2, no officer or employee of an agency or community who in the course of his duties is required to participate in the formulation of or to approve plans or policies for the redevelopment of a project area [shall] may acquire any interest in any property included within a project area within the community. If any [such] officer or employee owns , purchases or has or acquires any direct or indirect financial interest in such property, he shall immediately make a written disclosure of it to the agency and the legislative body which [shall] must be entered on their minutes. Failure to [so] disclose constitutes misconduct in office.
2. Such an officer or employee may purchase or acquire property in the project area if he uses it for his residence.
________
Assembly Bill No. 561Committee on Commerce
CHAPTER 341
AN ACT relating to crimes against personal property; prohibiting the removal of carts used for shopping, laundry or dry cleaning; regulating services to retrieve carts; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 205 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires:
κ1985 Statutes of Nevada, Page 977 (CHAPTER 341, AB 561)κ
1. Cart means a small, wheeled vehicle, drawn or pushed by hand which has a basket and which is used by customers or employees:
(a) In a retail store, to transport goods of any kind; or
(b) In a laundry or establishment for dry cleaning, to transport fabrics and the supplies necessary to clean or launder them.
2. Premises includes the area within a retail store, laundry or establishment for dry cleaning and any area provided for a customers use to park his vehicle.
Sec. 3. The owner of any cart shall place a sign on his premises which contains:
1. The name, address and telephone number of his business; and
2. A statement that the unauthorized removal or possession of the cart is a misdemeanor.
Sec. 4. Any person who retrieves carts from areas not on the owners premises, whether as a volunteer or for compensation, must obtain a permit from the owner authorizing him to retrieve carts. Each vehicle used to retrieve carts must have a copy of the permit from the owner of the carts.
Sec. 5. 1. Any person who:
(a) Knowingly possesses a cart that has been removed from the owners premises;
(b) Possesses a cart with the serial numbers removed, obliterated or altered with the intent to deprive the owner of the cart of its possession either temporarily or permanently;
(c) Leaves or abandons a cart at a location other than the owners premises with the intent to deprive the owner of its possession either temporarily or permanently;
(d) Alters, converts or tampers with a cart; or
(e) Removes, obliterates or alters the carts serial numbers,
is guilty of a misdemeanor.
2. This section does not apply to:
(a) The owner of the cart, his agents or employees;
(b) A customer of the retail store, laundry or establishment for dry cleaning who has written permission from the owner of the cart, his agents or employees to possess the cart or remove it from the premises; or
(c) The operator of a service to retrieve carts if he has complied with section 4 of this act.
________
κ1985 Statutes of Nevada, Page 978κ
Assembly Bill No. 403Committee on Natural Resources, Agriculture and Mining
CHAPTER 342
AN ACT relating to the department of minerals; establishing the position of deputy director; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 513 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The executive director of the department of minerals may appoint a deputy director in the unclassified service of the state. The deputy director must be a graduate of an accredited college or university and have substantial experience as an administrator.
2. The deputy director:
(a) Shall serve as the principal assistant of the executive director and perform the duties assigned to him by the executive director;
(b) May serve as the administrator of any division; and
(c) Shall devote his entire time and attention to his duties as a public officer and shall not pursue any other business or occupation or hold any other office of profit.
________
Senate Bill No. 188Committee on Commerce and Labor
CHAPTER 343
AN ACT relating to embezzlement; requiring the cumulation of offenses under certain circumstances; authorizing justices courts to order restitution as part of a sentence; providing penalties; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 205.300 is hereby amended to read as follows:
205.300 1. Any bailee of any money, goods or property, who [shall convert the same] converts it to his own use, with the intent to steal [the same] it or to defraud the owner or owners thereof and any agent, manager or clerk of any person, corporation, association or partnership , [;] or any person with whom any money, property or effects [shall] have been deposited or entrusted, who [shall use or appropriate such] uses or appropriates the money, property or effects or any part thereof in any manner or for any other purpose than that for which [the same was] they were deposited or entrusted, [shall be] is guilty of embezzlement, and shall be punished in the manner prescribed by law for the stealing or larceny of property of the kind and name of the money, goods, property or effects so taken, converted, stolen, used or appropriated.
κ1985 Statutes of Nevada, Page 979 (CHAPTER 343, SB 188)κ
name of the money, goods, property or effects so taken, converted, stolen, used or appropriated.
2. The value of all the money, goods, property or effects misappropriated in separate acts of embezzlement must be combined for the purpose of imposing punishment for the offense charged if:
(a) The separate acts were committed against the same person within 6 months before the offense;
(b) None of the individual acts is punishable as a felony; and
(c) The cumulative value of all the money, goods, property and effects misappropriated is sufficient to make the offense punishable as a felony.
3. Any use of the money, goods or property by any bailee thereof, other than that for which [the same] it was borrowed, hired, deposited, carried, received or collected, [shall be] is prima facie evidence of conversion and of intent to steal the same and defraud the owner or owners thereof.
[3.] 4. The term bailee, as used in this section, [shall be construed to include and mean] means all persons with whom any money, goods or property has been deposited, [and] all persons to whom any goods or property has been loaned or hired, [and] all persons to whom any goods or property [shall be] has been delivered, [for any purpose whatsoever,] and all persons who [shall,] are, either as agent, collector or servant, [be] empowered, authorized or entrusted to carry, collect or receive any money, goods or property of another.
Sec. 2. Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:
As part of the sentence for a violation of NRS 205.300, a justice of the peace may order that the person convicted of the offense make restitution to the owner of the property embezzled at the times and in the amounts specified in the order.
________
Senate Bill No. 444Committee on Finance
CHAPTER 344
AN ACT relating to older volumes of Nevada Reports; requiring proceeds from their sale to be deposited in the state general fund; making an appropriation to the legislative counsel bureau for the reproduction of older Nevada Reports; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 345.025 is hereby amended to read as follows:
345.025 Within the limits of legislative appropriations, specifically made for such purpose, the director of the legislative counsel bureau may contract with a private printing firm for the reproduction by printing or other reproductive process of volumes of Nevada Reports which are out of print or of limited supply in the office of the legislative counsel bureau if the price quoted by the firm for such services is lower than the price quoted by the superintendent of the state printing and micrographics division of the department of general services.
κ1985 Statutes of Nevada, Page 980 (CHAPTER 344, SB 444)κ
are out of print or of limited supply in the office of the legislative counsel bureau if the price quoted by the firm for such services is lower than the price quoted by the superintendent of the state printing and micrographics division of the department of general services. Such reproduced volumes may be bound so as to contain one or more volumes of the original Nevada Reports and must be sold to the public at the prices provided in NRS 345.050. The proceeds of such sales must be deposited by the director of the legislative counsel bureau [in the legislative fund in the state treasury.] with the state treasurer for credit to the state general fund.
Sec. 2. There is hereby appropriated from the state general fund to the legislative counsel bureau the sum of $66,000 for the cost of reproducing volumes of Nevada Reports which are out of print or of limited supply, pursuant to NRS 345.025.
Sec. 3. Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1987, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 4. Section 1 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
Senate Bill No. 425Committee on Judiciary
CHAPTER 345
AN ACT relating to stolen goods; repealing the provision for detaining a person who brings stolen goods into the state; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 205.285 is hereby repealed.
________
Senate Bill No. 434Committee on Judiciary
CHAPTER 346
AN ACT relating to divorce; authorizing a decree by default based on affidavit and a decree in certain uncontested divorces upon the stipulation of the parties; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 125 of NRS is hereby amended by adding thereto the provisions of sections 2 and 3 of this act.
κ1985 Statutes of Nevada, Page 981 (CHAPTER 346, SB 434)κ
Sec. 2. An application for a decree of divorce by default may be made by affidavit unless the court requires oral testimony of the witnesses. Any affidavit made to support the application, including an affidavit to corroborate residency, must:
1. Be based upon the personal knowledge of the affiant;
2. Contain only facts which would be admissible in evidence; and
3. Establish that the affiant is competent to testify to the contents of the affidavit.
Sec. 3. If the defendant enters an appearance but does not contest any issue, the court may grant a decree of divorce based on a written stipulation of the parties. The stipulation must:
1. Be signed by both parties under oath administered by the clerk of the court or his deputy;
2. State that either party has met the jurisdictional requirements of NRS 125.020;
3. State that the parties have lived separate and apart for 1 year without cohabitation or they are incompatible;
4. Resolve all issues raised by the pleadings; and
5. Be accompanied by an affidavit based upon the personal knowledge of a person competent to testify, which corroborates the claim of residency.
Sec. 4. NRS 125.090 is hereby amended to read as follows:
125.090 Except in a summary proceeding for divorce [:
1. The testimony of witnesses in suits for divorce must be given orally in court, with the right to either party to take and use depositions, on the same terms and in the same manner as in actions at law.
2. The] the proceedings, pleadings and practice must conform to [those at law,] the Nevada Rules of Civil Procedure as nearly as conveniently [may be,] possible, but all preliminary and final orders may be in such form as [will best effect] best effects the object of this chapter, and [produce] produces substantial justice.
________
κ1985 Statutes of Nevada, Page 982κ
Assembly Bill No. 415Assemblyman Beyer
CHAPTER 347
AN ACT relating to architecture; clarifying the requirement for a certified architect in the office of a business engaging in the practice of architecture; adding a member of the general public to the state board of architecture; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 623.050 is hereby amended to read as follows:
623.050 1. The state board of architecture, consisting of seven members appointed by the governor, is hereby created.
2. The governor shall appoint:
(a) Five members who are registered architects and have been in the active practice of architecture in the State of Nevada for not less than 3 years preceding [such appointment.
(b) Two members who are registered residential designers.] their appointment.
(b) One member who is a registered residential designer.
(c) One member who is a representative of the general public.
3. Members of the board must have been residents of the state for not less than 2 years preceding [such] their appointment.
4. The governor may, upon bona fide complaint, and for good cause shown, after 10 days notice to any member against whom charges may be filed, and after opportunity for hearing, remove the member for inefficiency, neglect of duty [,] or malfeasance in office.
5. [Those members of the board who are residential designers may not] Only those members of the board who are registered architects may act or vote on applicants for certification as architects or other matters related solely to architects.
6. [A] The member who is a residential designer shall not participate in the investigation or acceptance of his own application or in the grading or certification of his own examination.
Sec. 2. NRS 623.100 is hereby amended to read as follows:
623.100 1. The board shall appoint one of its members as chairman, who shall serve without additional pay, and one of its members as secretary and treasurer. The chairman and secretary shall each serve 1 year.
2. Three members who are registered architects constitute a quorum for consideration of architectural matters, but action shall not be deemed to have been taken upon any question relating to architectural matters unless there are at least 3 votes in accord.
3. Four members, one of whom [represents residential designers,] is a residential designer, constitute a quorum for consideration of matters relating to residential design , [matters,] but action shall not be deemed to have been taken upon any question relating [to residential design matters] thereto unless there are at least 3 votes in accord.
κ1985 Statutes of Nevada, Page 983 (CHAPTER 347, AB 415)κ
deemed to have been taken upon any question relating [to residential design matters] thereto unless there are at least 3 votes in accord.
Sec. 3. NRS 623.350 is hereby amended to read as follows:
623.350 1. Nothing in this chapter prevents firms, partnerships, corporations or associations of architects, engineers and landscape architects, or any combination thereof, from practicing as such, if each director, stockholder and officer of the corporation and each partner or associate of the firm, partnership or association is registered under the applicable provisions of this chapter, chapter 623A or 625 of NRS.
2. Every office or place of business of any firm, partnership, corporation or association engaged in the practice of architecture must have an architect holding a certificate of registration issued under this chapter [in residence] regularly working in the office or place of business and directly responsible for the administration of the architectural work conducted in the office or place of business.
3. The provisions of subsection 2 do not apply to firms, partnerships, corporations or associations engaged in the practice of architecture at offices established for construction administration.
Sec. 4. The members of the state board of architecture on July 1, 1985, shall serve the remainder of their terms. The governor shall appoint a member of the general public to fill the next vacancy resulting from the expiration of a term of a member who is a registered residential designer.
Sec. 5. Section 3 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
Senate Bill No. 282Senators Townsend and Robinson
CHAPTER 348
AN ACT relating to financial institutions; authorizing the use of mechanical tellers; and providing other matters properly relating thereto.
[Approved May 31, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 660 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires:
1. Financial institution means a bank, savings and loan association, thrift company or credit union regulated pursuant to this Title or Title 56 of NRS.
2. Mechanical teller means an electronic or electromechanical device used by a financial institution to effectuate transactions solely between itself and its customers. The term does not include any device used solely to guarantee the payment of a check or to authorize or verify the issuance of a check.
κ1985 Statutes of Nevada, Page 984 (CHAPTER 348, SB 282)κ
Sec. 3. In addition to the mechanical tellers, an office for mechanical tellers may include:
1. A night depository; and
2. Employees of the financial institution whose functions do not include the conducting of transactions with customers.
Sec. 4. 1. When authorized by the administrator, a financial institution may establish and operate one or more offices for mechanical tellers in this state.
2. For the purposes of sections 2 to 7, inclusive, of this act, no office for mechanical tellers shall be deemed to be a branch office of a financial institution organized under the provisions of Title 55 or 56 of NRS.
Sec. 5. An application for authority to establish and operate one or more offices for mechanical tellers must be made to the administrator on the form prescribed by him and accompanied by a fee of $100 per teller. If the administrator approves the application, the financial institution must pay an annual fee of $50 for each mechanical teller that it operates.
Sec. 6. 1. If a financial institution wishes to discontinue the operation of an office for mechanical tellers, it must notify the administrator in writing not less than 30 days before the proposed date for discontinuance. The notice must state the reasons for the closing of the office and indicate that the needs and convenience of the community in which the office is located would still be adequately met.
2. If the administrator determines that the discontinuance would significantly limit financial services which would be available to the residents of the community in which the office is located, he shall so notify the institution. The institution must then cause notice of its intention to discontinue the operation of the office to be published in a newspaper serving that community once a week for 4 consecutive weeks. The operation of the office may not be discontinued until approved by the administrator, who shall first hold a public hearing thereon if requested by any interested person.
3. Any action taken by the administrator pursuant to subsection 2 is subject to review in the same manner as provided in NRS 659.055.
Sec. 7. A financial institution may share the space in an office for mechanical tellers with another financial institution or such other persons as the administrator may approve.
Sec. 8. NRS 662.255 is hereby amended to read as follows:
662.255 Subject to the provisions of NRS 104.4303, all banks organized pursuant to the provisions of this Title or doing business in this state [shall] must be closed, and no business [shall] may be transacted with the public, on Saturdays, Sundays or legal holidays, except for the maintenance and operation of mechanical tellers and for limited services as approved by the administrator.
________