[Rev. 2/27/2019 1:41:17 PM]
κ1985 Statutes of Nevada, Page 1409 (CHAPTER 457, SB 335)κ
The written plan, or the methods proposed, may be filed as a part of the application under NRS 119.140 . [and constitutes a part thereof.]
2. Except through a broker, and before any offering or disposition, pursuant to any license granted under this chapter, the name of the broker must be placed on file with the division. Only that broker or his real estate salesman may offer or sell the subdivided property or any interest therein. Before a salesman offers or sells any property or interest, the salesmans name must be placed on file with the division. The broker and salesman, if any, shall:
(a) Complete an application in such form and containing such reasonable information as the division may require.
(b) Pay the fees prescribed in this chapter.
Brokers and salesmen may represent only one developer at any one time in connection with sales governed by this chapter. A broker and a salesman may transfer their representation to a different developer only after completing an application in such form and containing such reasonable information as the division may require and paying the fees prescribed in this chapter.
Sec. 6. NRS 119.260 is hereby amended to read as follows:
119.260 1. The administrator may issue orders directing [unlicensed] persons to desist and refrain from engaging in activities for which they are not licensed under this chapter [.
2. No unlicensed] or conducting activities in a manner not in compliance with the provisions of this chapter.
2. A person who has violated any of the provisions of this chapter shall not engage in any activity for which a license issued pursuant to this chapter is required after receiving an order in writing from the administrator directing him to desist and refrain from so doing . [, and stating that, in the opinion of the administrator, such activity has not been licensed.]
3. Within 30 days [of] after the receipt of such an order, [such] the person may file a verified petition with the administrator for a hearing . [, alleging that the order precludes him from engaging in a substantial portion of his business as a licensee under this chapter.
4. The administrator shall, within 10 days of the receipt of such petition, bring an action in the name of the real estate division in the district court of the State of Nevada in the county in which the activity is occurring, to enjoin such person from continuing such activity, engaging therein or doing any act in furtherance thereof pending the completion of hearings as prescribed by this chapter. The administrators order to desist and refrain shall be rescinded upon the entering of a decision by the court, as provided in this section, or upon the failure of the administrator to bring an action within the time permitted by this section.
5. Within 30 days of the receipt of such order, such person may, alternatively, file a verified petition with the administrator for a hearing before the administrator. Such petition does not require an allegation that the administrators order precludes such person from engaging in a substantial portion of a business as a licensee under this chapter.
κ1985 Statutes of Nevada, Page 1410 (CHAPTER 457, SB 335)κ
that the administrators order precludes such person from engaging in a substantial portion of a business as a licensee under this chapter. The administrator shall hold a hearing within 30 days after the petition has been filed, unless the party requesting the hearing requests postponement. If, after a request for a hearing, the administrator does not hold a hearing within 30 days or does not render a decision within 45 days after submission of the matter, the order is rescinded.]
4. The administrator shall hold a hearing within 30 days after the petition has been filed. If the administrator fails to hold a hearing within 30 days, or does not render a written decision with 45 days after the final hearing, the cease and desist order is rescinded.
5. If the decision of the administrator after a hearing is against the person ordered to cease and desist, he may appeal that decision by filing, within 30 days after the date on which the decision was issued, a petition in the district court for the county in which he conducted the activity. The burden of proof in the appeal is on the appellant. The court shall consider the decision of the administrator for which the appeal is taken and is limited solely to a consideration and determination of the question of whether there has been an abuse of discretion on the part of the administrator in making the decision.
Sec. 7. NRS 119.320 is hereby amended to read as follows:
119.320 1. Subject to the provisions of this chapter, the division shall collect the following fees at such times and upon such conditions as it may provide by [rule and] regulation:
For each annual registered representatives license to represent a developer.................................................................................. [$25] $50
For each transfer of a registered representatives license to represent a developer.......................................................................................... 10
For each application for a developers permit for a subdivision or for exemption from any provision of this chapter............................ 25
For each developers permit per subdivision.................................... 250
For each developers temporary permit for each subdivision...... 150
The $250 fee does not apply to any subdivision having 34 or fewer lots, parcels, interests or units nor to any subdivision where the lots, parcels, interests or units being offered or disposed of are in excess of 40 acres net size.
2. At the time of the original filing, each developer shall pay an additional $5 for each lot, parcel, interest or unit in any one subdivision in excess of 50, but not exceeding 250 such lots, parcels, interests or units; $4 for 251 through 500 lots, parcels, interests or units in any one subdivision; $3 for 501 through 750 lots, parcels, interests or units in any one subdivision; and $2.50 for all lots, parcels, interests or units in excess of 750 in any one subdivision. The developer may designate lots, parcels, interests or units it intends to offer for sale or lease in this state out of the subdivision and the fee per lot , parcel, interest [,] or unit [fee shall only be] is only applicable to [such] those lots, parcels, interests or units.
κ1985 Statutes of Nevada, Page 1411 (CHAPTER 457, SB 335)κ
interests or units. [Such] The units must be designated in groupings of no less than 5 contiguous units in each group, except that the division in its discretion may accept fewer upon request of the developer. If the developer determines to offer additional lots, parcels, interests or units it [shall] must so certify to the division and pay the additional fee therefor.
3. With the exception of the fees for a registered representatives license or transfer, the fees enumerated in this section must be reduced by the administrator at such times as, in his judgment, he considers a reduction equitable in relation to the necessary costs of carrying out the administration and enforcement of the provisions of this chapter.
________
Senate Bill No. 28Committee on Commerce and Labor
CHAPTER 458
AN ACT relating to physical therapists; removing the requirement that a patient must be referred for treatment by certain practitioners of healing arts; requiring continuing education for extension of registration; and providing other matters properly relating thereto.
[Approved June 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 640.024 is hereby amended to read as follows:
640.024 Practice of physical therapy:
1. Includes:
(a) The performing and interpreting of tests and measurements as an aid to evaluation and treatment;
(b) The planning of initial and subsequent [treatment] programs of treatment on the basis of the results of tests; and
(c) The administering of treatment through the use of therapeutic exercise and massage, [joint] the mobilization of joints by the use of therapeutic exercise without chiropractic adjustment, mechanical devices, and therapeutic agents which employ the properties of air, water, electricity, sound and radiant energy.
2. Does not include:
(a) The diagnosis of physical disabilities;
(b) The use of roentgenic rays or radium;
(c) The use of electricity for cauterization or surgery; or
(d) The occupation of a masseur who massages only the superficial soft tissues of the body.
Sec. 2. NRS 640.150 is hereby amended to read as follows:
640.150 1. Every registered physical therapist [shall,] must, during July of every year, apply to the board for an extension of his registration and pay a fee of not more than $50. Registration that is not so extended before September 1 of the year automatically lapses.
κ1985 Statutes of Nevada, Page 1412 (CHAPTER 458, SB 28)κ
2. The board may revive and extend a lapsed registration on the payment of all past unpaid [extension] fees for extension not to exceed $100.
3. The board [may] shall require registered physical therapists to complete a program of continuing education [consisting of not more than 20 hours] as a requirement for the extension of registrations. The board [may] shall prescribe the curriculum and approve the courses of study or training for that program.
Sec. 3. NRS 640.190 is hereby amended to read as follows:
640.190 1. [Physical therapists may treat only patients who are referred to them by a physician, chiropractor, dentist or podiatrist in the regular course of his practice, except that a physical therapist may perform an initial examination before such a referral if the person to be examined has been participating in an athletic activity at a school when a physician is not present.
2. Nothing in this chapter authorizes] The chapter does not authorize a physical therapist, whether registered or not, to practice medicine, osteopathic medicine, homeopathic medicine, chiropractic or any other form or method of healing.
[3.] 2. Any person violating the provisions of this section is guilty of a misdemeanor.
Sec. 4. NRS 630.410 is hereby amended to read as follows:
630.410 [Any] Except as otherwise provided by specific statute, any person who practices medicine, unless licensed under this chapter, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.
________
Assembly Bill No. 286Assemblymen Humke, Beyer, Stone, Roberts, Nicholas, Horne, Sader, Coffin, Spriggs, Zimmer, DuBois, Ham, Tebbs, Thomas, Joerg and Williams
CHAPTER 459
AN ACT relating to pornography involving children; increasing the penalty for possession of pornography involving children; requiring persons convicted of certain crimes to register as sex offenders; and providing other matters properly relating thereto.
[Approved June 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 200.730 is hereby amended to read as follows:
200.730 A person who knowingly and willfully has in his possession any film, photograph or other visual presentation depicting a [minor] person under the age of 16 years engaging in or simulating, or assisting others to engage in or simulate, sexual conduct [is guilty of a misdemeanor.] :
κ1985 Statutes of Nevada, Page 1413 (CHAPTER 459, AB 286)κ
1. For the first offense, is guilty of a misdemeanor.
2. For the second offense, is guilty of a gross misdemeanor.
3. For any subsequent offense, 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 $5000.
Sec. 2. NRS 207.151 is hereby amended to read as follows:
207.151 Sex offender as used in NRS 207.151 to 207.157, inclusive, means any person who, after July 1, 1956, has been or is convicted of:
1. Assault with intent to commit a sexual assault under NRS 200.400.
2. A violation of any of the provisions of NRS 200.366, 200.368, 200.710, 200.720, 201.180 [or 201.210 to 201.230, inclusive.] , 201.210, 201.220 or 201.230.
3. An attempt to commit any offense listed in [subsections 1 and] subsection 1 or 2.
4. A second or subsequent violation of the provisions of NRS 200.730.
5. An offense in any place other than the State of Nevada which, if committed in this state, would be punishable as an offense listed in [subsections] subsection 1, 2 [and] or 3.
________
Assembly Bill No. 504Committee on Commerce
CHAPTER 460
AN ACT relating to residential tenancy; changing the exemption for small landlords; making various changes concerning security and eviction; enlarging the remedies available to a tenant; and providing other matters properly relating thereto.
[Approved June 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 118 A of NRS is hereby amended by adding thereto a new section to read as follows:
The landlord shall, before he records a deed transferring any dwelling unit:
1. Transfer to his successor, in writing, the portion of any tenants security deposit or other money held by him which remains after making any deductions allowed under NRS 118A.240; or
2. Notify his successor in writing that he has returned all such deposits or portions thereof to the tenant.
Sec. 2. NRS 118A.180 is hereby amended to read as follows:
118A.180 1. Except as provided in subsection 2, this chapter applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit or premises located within this state.
κ1985 Statutes of Nevada, Page 1414 (CHAPTER 460, AB 504)κ
under a rental agreement, wherever made, for a dwelling unit or premises located within this state.
2. This chapter does not apply to:
(a) A rental agreement subject to the provisions of chapter 118B of NRS ; [.]
(b) Low-rent housing programs operated by public housing authorities and established pursuant to [the United States Housing Act of 1937, as amended (] 42 U.S.C. §§ 1401 et seq. [)] , as amended;
(c) A person who owns [less than seven] and personally manages four or fewer dwelling units, except with respect to the provisions of NRS 118A.200, 118A.300, 118A.340, 118A.450 and 118A.460 ; [.]
(d) Residence in an institution, public or private, incident to detention or the [provisions] provision of medical, geriatric, educational, counseling, religious or similar service ; [.]
(e) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or [a person who succeeds to the purchasers interest.] his successor in interest;
(f) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization ; [.]
(g) Occupancy in a hotel or motel for less than 30 consecutive days unless the occupant clearly manifests an intent to remain for a longer continuous period ; [.]
(h) Occupancy by an employee of a landlord whose right to occupancy is solely conditional upon employment in or amount the premises ; [.]
(i) Occupancy by an owner of a condominium unit or by a holder of a proprietary lease in a cooperative apartment [.] ; or
(j) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.
Sec. 3. NRS 118A.240 is hereby amended to read as follows:
118A.240 1. Any payment, deposit, fee or charge that is to be used for any of the following purposes is security and is governed by the provisions of this section:
(a) Remedying any default of the tenant [defaults] in the payments of rent.
(b) Repairing damages to the premises other than normal wear caused by the tenant.
(c) Cleaning the dwelling unit.
2. Security does not include any payment, deposit or fee to secure an option to purchase the premises.
3. The landlord may not demand or receive security, including the last months rent, whose total amount or value exceeds [2] 3 months periodic rent.
4. Upon termination of the tenancy by either party for any reason, the landlord may claim of the security only such amounts as are reasonably necessary to remedy any default of the tenant [defaults] in the payment of rent, to repair damages to the premises caused by the tenant other than normal wear and to pay the reasonable costs of cleaning the premises.
κ1985 Statutes of Nevada, Page 1415 (CHAPTER 460, AB 504)κ
other than normal wear and to pay the reasonable costs of cleaning the premises. The landlord shall provide the tenant with an itemized written accounting of the disposition of the security and return any remaining portion of the security to the tenant no later than [3 weeks] 30 days after the termination of the tenancy by handing it to him personally at the place where the rent is paid, or by mailing it to him at his present address, [and] or if that address is unknown, [then] at the tenants last known address.
5. Upon termination of the landlords interest in the dwelling unit, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or his agent shall , within a reasonable time , do one of the following, which relieves him of further liability with respect to the security:
(a) Notify the tenant in writing of the name, address and telephone number of his successor in interest, and that he has transferred to [the landlords] his successor in interest the portion of the security remaining after making any deductions allowed under this section. [Upon notification to the tenant, the transferee has all of the rights and obligations of a landlord holding such security.]
(b) Return to the tenant the portion of the security remaining after making any deductions allowed under this section.
The successor has the rights, obligations and liabilities of the former landlord as to any securities which are owed under this section at the time of transfer.
6. The claim of a tenant to security to which he is entitled under this chapter takes precedence over the claim of any creditor of the landlord.
7. If the landlord fails or refuses to return the remainder of a security deposit within [21] 30 days after the end of a tenancy, he [shall return the entire deposit without any deduction.
8.] is liable to the tenant for damages:
(a) In an amount equal to the entire deposit; and
(b) For a sum to be fixed by the court of not more than the amount of the entire deposit.
8. In determining the sum, if any, to be awarded under paragraph (b) of subsection 7, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harm to the tenant caused by the landlords conduct.
9. Except for an agreement which provides for a nonrefundable [cleaning] charge for cleaning, in a reasonable amount, no rental agreement may contain any provision characterizing any security under this section as nonrefundable or any provision waiving or modifying a tenants rights under this section. Any such provision is void as contrary to public policy.
Sec. 4. NRS 118A.350 is hereby amended to read as follows:
118A.350 1. Except as otherwise provided in this chapter, if the landlord fails to comply with the rental agreement or fails to maintain the dwelling unit in a habitable condition as required by this chapter, the tenant shall deliver a written notice to the landlord specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate as provided in this section.
κ1985 Statutes of Nevada, Page 1416 (CHAPTER 460, AB 504)κ
the dwelling unit in a habitable condition as required by this chapter, the tenant shall deliver a written notice to the landlord specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate as provided in this section. If the breach is remediable and the landlord adequately remedies the breach or uses his best efforts to remedy the breach within 14 days after receipt of the notice, the rental agreement does not terminate by reason of the breach. If the landlord fails to remedy the breach or make a reasonable effort to do so within the prescribed time, the tenant may:
(a) Terminate the rental agreement immediately.
(b) Recover actual damages.
(c) Apply to the court for such relief as the court deems proper under the circumstances.
2. The tenant may not terminate for a condition caused by [the] his own deliberate or negligent act or omission [of the tenant,] or that of a member of his household or other person on the premises with his consent.
3. If the rental agreement is terminated, the landlord shall return all prepaid rent and security recoverable by the tenant under this chapter.
4. A tenant may not proceed under this section unless he has given notice as required by subsection 1 [.] , except that the tenant may, without giving that notice, recover damages under paragraph (b) of subsection 1 if the landlord:
(a) Admits to the court that he had knowledge of the condition constituting the breach; or
(b) Has received written notice of that condition from a governmental agency authorized to inspect for violations of building, housing or health codes.
Sec. 5. NRS 118A.380 is hereby amended to read as follows:
118A.380 1. If the landlord is required by the rental agreement or this chapter to supply heat, running water, hot water, electric, gas or other essential service and he willfully or negligently fails to do so, causing the premises to become unfit for habitation, the tenant shall give written notice to the landlord specifying the breach . [and if] If the landlord does not adequately remedy the breach, or use his best efforts to remedy the breach within 48 hours, except a Saturday, Sunday or legal holiday, after it is received by the landlord, the tenant may, in addition to any other remedy:
(a) Procure reasonable amounts of such essential services during the [period of the] landlords noncompliance and deduct their actual and reasonable cost from the rent;
(b) Recover actual damages, including damages based upon the lack of use of the premises or the diminution of the fair rental value of the dwelling unit; or
(c) Procure [comparable substitute] other housing which is comparable during the [period of the] landlords noncompliance, and the rent for the original premises fully abates during this period. The tenant may recover the actual and reasonable cost of [comparable substitute] that other housing which is in excess of the amount of rent which is abated.
κ1985 Statutes of Nevada, Page 1417 (CHAPTER 460, AB 504)κ
recover the actual and reasonable cost of [comparable substitute] that other housing which is in excess of the amount of rent which is abated.
2. If the tenant proceeds under this section, [the tenant] he may not proceed under NRS 118A.350 and 118A.360 as to that breach.
3. [Rights] The rights of the tenant under this section do not arise until [the tenant] he has given written notice [to the landlord. If the] as required by subsection 1, except that the tenant may, without having given that notice, recover damages as authorized under paragraph (b) of subsection 1 if the landlord:
(a) Admits to the court that he had knowledge of the lack of such essential services; or
(b) Has received written notice of the uninhabitable condition caused by such a lack from a governmental agency authorized to inspect for violations of building, housing or health codes.
4. If such a condition was caused by the deliberate or negligent act or omission of the tenant, a member of his household or other person on the premises with his consent, the tenant has no rights under this section.
Sec. 6. NRS 118A.390 is hereby amended to read as follows:
118A.390 1. If the landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block his entry upon the premises or willfully interrupts or causes or permits the interruption of any essential service required by the rental agreement or this chapter, the tenant may recover possession, proceed under NRS 118A.380 or terminate the rental agreement and, [in each case,] in addition to any other remedy, recover his actual damages [.] , receive an amount not greater than $1,000 to be fixed by the court, or both.
2. In determining the amount, if any, to be awarded under subsection 1, the court shall consider:
(a) Whether the landlord acted in good faith;
(b) The course of conduct between the landlord and the tenant; and
(c) The degree of harm to the tenant caused by the landlords conduct.
3. If the rental agreement is terminated , the landlord shall return all prepaid rent and security recoverable under this chapter.
Sec. 7. NRS 118A.510 is hereby amended to read as follows:
118A.510 1. Except as provided in subsection 3, the landlord [in retaliation] may not , in retaliation, terminate a tenancy, refuse to renew a tenancy, increase rent or decrease essential services required by the rental agreement or this chapter, or bring or threaten to bring an action for possession [where:] if:
(a) The tenant has complained in good faith of a violation of a building, housing or health code applicable to the premises and affecting health or safety to a governmental agency charged with the responsibility for the enforcement of [a building, housing or health code of a violation applicable to the premises affecting health or safety.] that code;
κ1985 Statutes of Nevada, Page 1418 (CHAPTER 460, AB 504)κ
(b) The tenant has complained in good faith to the landlord of a violation under this chapter ; [.]
(c) The tenant has organized or become a member of a tenants union or similar organization ; [.]
(d) A citation has been issued resulting from a complaint described in paragraph (a) ; [.]
(e) The tenant has instituted or defended against a judicial or administrative proceeding or arbitration in which he raised an issue of compliance with the requirements of this chapter respecting the habitability of dwelling units [.] ; or
(f) The tenant has failed or refused to give written consent to a [rule or] regulation adopted by the landlord , after the tenant enters into the rental agreement , which requires the landlord to wait until the appropriate time has elapsed before [the rule or regulation] it is enforceable against the tenant.
2. If the landlord violates subsection 1, the tenant is entitled to the remedies provided in NRS [118A.350] 118A.390 and has a defense in any retaliatory action by the landlord for possession.
3. A landlord who acts under the circumstances described in subsection 1 does not violate that subsection if:
(a) The violation of the applicable building, housing or health code of which the tenant complained was caused primarily by the lack of reasonable care by the tenant, a member of his household or other person on the premises with his consent;
(b) The tenancy is terminated with cause;
(c) A citation has been issued and compliance with the applicable building, housing or health code requires alteration, remodeling or demolition and cannot be accomplished unless the tenants dwelling unit is vacant; or
(d) The increase in rent applies in a uniform manner to all tenants.
The maintenance of an action under this subsection does not prevent the tenant from seeking damages or injunctive relief for the landlords failure to comply with the rental agreement or maintain the dwelling unit in a habitable condition as required by this chapter.
Sec. 8. NRS 118A.520 is hereby amended to read as follows:
118A.520 1. Any lien or security interest in the tenants household goods created in favor of the landlord to [assure] ensure the payment of rent is unenforceable unless created by attachment or garnishment.
2. Distraint for rent is abolished.
3. A landlord who retains the household goods or other personal property of a tenant in violation of this section is liable to the tenant for damages as provided in NRS 118A.390.
Sec. 9. NRS 40.280 is hereby amended to read as follows:
40.280 1. The notices required by NRS 40.253, 40.255, 40.260 and sections 14 to 19, inclusive, of [this act,] chapter 82, Statutes of Nevada 1985, may be served : [either:]
κ1985 Statutes of Nevada, Page 1419 (CHAPTER 460, AB 504)κ
(a) By delivering a copy to the tenant personally [;] , in the presence of a witness;
(b) If he is absent from his place of residence or from his usual place of business, by leaving a copy with a person of suitable age and discretion at either place [, and sending] and mailing a copy [through the mail addressed] to the tenant at his place of residence or place of business; or
(c) If the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, [then by fixing] by posting a copy in a conspicuous place on the leased property , [and also] delivering a copy to a person there residing, if the person can be found, and [also sending] mailing a copy [through the mail addressed] to the tenant at the place where the leased property is situated.
2. Service upon a subtenant may be made in the same manner as provided in subsection 1.
3. Before an order to remove a tenant is issued pursuant to subsection 3 of NRS 40.253, a landlord must file with the court a proof of service of any notice required by that section. This proof must consist of:
(a) A statement, signed by the tenant and a witness, acknowledging that the tenant received the notice on a specified date;
(b) A certificate of mailing issued by the United States Post Office; or
(c) The endorsement of a sheriff, constable or other process server stating the time and manner of service.
Sec. 10. NRS 118A.490 is hereby amended to read as follows:
118A.490 1. In an action for possession based upon nonpayment of rent or in an action for rent where the tenant is in possession, the tenant may defend and counterclaim for any amount which he may recover under the rental agreement , [or] this chapter [. In that event the court from time to time may order the tenant to pay into court all or part of the rent accrued and thereafter accruing which is in dispute and] , or other applicable law. If it appears that there is money which may be due to the landlord by the tenant after the day of the hearing or if a judgment is delayed for any reason, the court shall require a tenant who remains in possession of the premises to deposit with the court a just and reasonable amount to satisfy the obligation, but not more than 1 days rent for each day until the new hearing date. The court shall order the tenant to pay the landlord any [such] rent which is not in dispute and shall determine the amount due to each party. Upon the application of either party, the court, after notice and opportunity for a hearing, may for good cause release to either party all or any portion of the rent paid into court by the tenant. The court shall award the prevailing party the amount owed and shall give judgment for any other amount which is due.
2. In any action for rent where the tenant is not in possession, the tenant may counterclaim as provided in subsection 1 but is not required to pay any rent into court.
κ1985 Statutes of Nevada, Page 1420 (CHAPTER 460, AB 504)κ
tenant may counterclaim as provided in subsection 1 but is not required to pay any rent into court.
3. When the court renders a decision on the landlords claim for possession, it shall distribute any rent paid into court under subsection 1 upon a determination of the amount due to each party.
4. If a tenant fails to deposit with the court within 24 hours after the original hearing the entire amount required pursuant to subsection 1, the tenant relinquishes his right to a hearing and the court shall at that time grant a judgment for eviction without further hearing.
________
Assembly Bill No. 600Assemblyman Stone
CHAPTER 461
AN ACT relating to collective bargaining by local governments; changing the time for mediation and factfinding; and providing other matters properly relating thereto.
[Approved June 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 288.190 is hereby amended to read as follows:
288.190 Except in cases to which NRS 288.205 and 288.215 apply:
1. [After April 1 and before June 1,] Anytime before July 1, the dispute may be submitted to a mediator, if both parties agree. After July either party involved in negotiations may request a mediator. If the parties cannot agree upon a mediator, the labor commissioner shall submit to the parties a list of seven potential mediators. The parties shall select their mediator, on or before [June] July 5, from the list by alternately striking one name until the name of only one mediator remains, who will be the mediator to hear the dispute. The employee organization shall strike the first name.
2. The mediator shall bring the parties together as soon as possible and, unless otherwise agreed upon by the parties, attempt to settle the dispute no later than [June 30.] July 10. He may establish the times and dates for meetings and compel the parties to attend but has no power to compel the parties to agree.
3. The local government employer and employee organization each shall pay one-half of the cost of mediation. Each party shall pay its own costs of preparation and presentation of its case in mediation.
4. If the dispute is submitted to a mediator and then submitted to a factfinder, the mediator must, before July [11,] 15, give to the commissioner of the board a report of the efforts made to settle the dispute.
Sec. 2. NRS 288.200 is hereby amended to read as follows:
288.200 Except in cases to which NRS 288.205 and 288.215 apply:
1. If:
(a) The parties have participated in mediation and by [May] August 1, have not reached agreement; or
κ1985 Statutes of Nevada, Page 1421 (CHAPTER 461, AB 600)κ
(b) The bargaining unit represented by the employee organization contains fewer than 30 persons,
either party to the dispute, at any time up to [June 1,] September 20, may submit the dispute to an impartial factfinder for his findings and recommendations. His findings and recommendations are not binding on the parties except as provided in subsections 5, 6 and 9. The mediator of a dispute may also be chosen by the parties to serve as the factfinder.
2. If the parties are unable to agree on an impartial factfinder within 5 days, either party may request from the American Arbitration Association or the Federal Mediation and Conciliation Service a list of seven potential factfinders. If the parties are unable to agree upon which arbitration service should be used, the Federal Mediation and Conciliation Service must be used. The parties shall select their factfinder from this list by alternately striking one name until the name of only one factfinder remains, who will be the factfinder to hear the dispute in question. The employee organization shall strike the first name.
3. The local government employer and employee organization each shall pay one-half of the cost of factfinding. Each party shall pay its own costs of preparation and presentation of its case in factfinding.
4. A schedule of dates and times for the hearing must be established before [June] October 20 and the factfinder shall report his findings and recommendations to the parties to the dispute within 30 days after the conclusion of the factfinding hearing.
5. The parties to the dispute may agree, before the submission of the dispute to factfinding, to make the findings and recommendations on all or any specified issues final and binding on the parties.
6. If the parties do not agree on whether to make the findings and recommendations of the factfinder final and binding, either party may request the formation of a panel to determine whether the findings and recommendations of a factfinder on all or any specified issues in a particular dispute which are within the scope of subsection 9 are to be final and binding. The determination must be made upon the concurrence of at least two members of the panel and not later than August 10 unless that date is extended by the commissioner of the board. Each panel shall, when making its determination, consider whether the parties have bargained in good faith and whether it believes the parties can resolve any remaining issues. Any panel may also consider the actions taken by the parties in response to any previous factfinding between these parties, the best interests of the state and all its citizens, the potential fiscal effect both within and outside the political subdivision, and any danger to the safety of the people of the state or a political subdivision.
7. Except as provided in subsection 8, any factfinder, whether his recommendations are to be binding or not, shall base his recommendations or award on the following criteria:
κ1985 Statutes of Nevada, Page 1422 (CHAPTER 461, AB 600)κ
(a) A preliminary determination must be made as to the financial ability of the local government employer based on all existing available revenues as established by the local government employer, and with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision.
(b) Once the factfinder has determined in accordance with paragraph (a) that there is a current financial ability to grant monetary benefits, he shall use normal criteria for interest disputes regarding the terms and provisions to be included in an agreement in assessing the reasonableness of the position of each party as to each issue in dispute and he shall consider whether the board found that either party had bargained in bad faith.
The factfinders report must contain the facts upon which he based his determination of financial ability to grant monetary benefits and his recommendations or award.
8. Any sum of money which is maintained in a fund whose balance is required by law to be:
(a) Used only for a specific purpose other than the payment of compensation to the bargaining unit affected; or
(b) Carried forward to the succeeding fiscal year in any designated amount, to the extent of that amount,
must not be counted in determining the financial ability of a local government employer and must not be used to pay any monetary benefits recommended or awarded by the factfinder.
9. The issues which may be included in a panels order pursuant to subsection 6 are:
(a) Those enumerated in subsection 2 of NRS 288.150 as the subjects of mandatory bargaining, unless precluded for that year by an existing collective bargaining agreement between the parties; and
(b) Those which an existing collective bargaining agreement between the parties makes subject to negotiation in that year.
This subsection does not preclude the voluntary submission of other issues by the parties pursuant to subsection 5.
Sec. 3. NRS 288.201 is hereby amended to read as follows:
288.201 Any request for the formation of a panel to determine whether the findings and recommendations of a factfinder must be final and binding must be filed no later than [June 25] October 1 with the commissioner. The request must include:
1. A list of the issues which remain unresolved and the position of each party regarding those issues;
2. The requesters assessment of the fiscal effect on the local government of the requesters positions;
3. An outline of any previous factfinding between the parties, which includes any recommendations and awards of a factfinder and the actions of each party in response thereto;
κ1985 Statutes of Nevada, Page 1423 (CHAPTER 461, AB 600)κ
4. A statement of whether the parties engaged in mediation regarding the current dispute;
5. A schedule of the dates and times set by the factfinder for the hearing; and
6. Any other information deemed necessary by the commissioner.
Any person filing such a request shall give written notice of the request to the Nevada state board of accountancy and the State Bar of Nevada.
________
Assembly Bill No. 274Assemblyman Swain
CHAPTER 462
AN ACT relating to criminal procedure; authorizing the use of a videotaped deposition and the videotaping of the testimony of certain witnesses; clarifying the applicability to the attorney general of certain statutory provisions concerning district attorneys; and providing other matters properly relating thereto.
[Approved June 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 174 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. The provisions of NRS 174.175 to 174.225, inclusive, do not apply to a deposition taken pursuant to section 3 of the act.
Sec. 3. 1. The court on its own motion or on the motion of the district attorney may, for good cause shown, order the taking of a videotaped deposition of:
(a) A victim of sexual abuse as that term is defined in NRS 200.5011; or
(b) A prospective witness in any criminal prosecution if he is less than 14 years of age.
The court may specify the time and place for taking the deposition and the persons who may be present when it is taken.
2. The district attorney shall give every other party reasonable written notice of the time and place for taking the deposition. The notice must include the name of the person to be examined. On the motion of a party upon whom the notice is served, the court:
(a) For good cause shown may release the address of the person to be examined; and
(b) For cause shown may extend or shorten the time.
3. If at the time such a deposition is taken, the district attorney anticipates using the deposition at trial, the court shall so state in the order for the deposition and the accused must be given the opportunity to cross-examine the deponent in the same manner as permitted at trial.
4. The court may allow the videotaped deposition to be used at any proceeding in addition to or in lieu of the direct testimony of the deponent.
κ1985 Statutes of Nevada, Page 1424 (CHAPTER 462, AB 274)κ
proceeding in addition to or in lieu of the direct testimony of the deponent. It may also be used by any party to contradict or impeach the testimony of the deponent as a witness. If only a part of the deposition is offered in evidence by a party, an adverse party may require him to offer all of it which is relevant to the part offered and any party may offer other parts.
5. The court may allow the videotaped deposition to be used in lieu of the deponents testimony if:
(a) A justice of the peace or district judge presided over the taking of the deposition;
(b) The accused was able to hear and see the proceedings;
(c) The accused was represented by counsel who, if physically separated from the accused, was able to communicate orally with him by electronic means; and
(d) The accused was given an adequate opportunity to cross-examine the deponent subject to the protection of the deponent deemed necessary by the court.
Sec. 4. If a prospective witness who is scheduled to testify before a grand jury or at a preliminary hearing is less than 14 years of age, the court shall, upon the motion of the district attorney, and may, upon its own motion, order the childs testimony to be videotaped at the time it is given.
Sec. 5. The provisions of sections 3 and 4 of this act do not preclude:
1. The submission of videotaped depositions or testimony which are otherwise admissible as evidence in court.
2. A victim or prospective witness from testifying at a proceeding without the use of his videotaped deposition or testimony.
Sec. 6. Chapter 228 of NRS is hereby amended by adding thereto a new section to read as follows:
When the attorney general is acting in a criminal matter and a statutory duty or right is provided for the district attorney related to the prosecution of that offense, the statutory provision applies to the attorney general as it would apply to the district attorney if he were conducting the prosecution.
Sec. 7. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 1425κ
Senate Bill No. 159Senators Raggio, Jacobsen, Wagner, Ryan, OConnell, Rawson, Redelsperger, Shaffer, Glover, Neal and Mello
CHAPTER 463
AN ACT relating to children; authorizing the withholding of income of a parent who is delinquent in paying support of a child; requiring the medical needs of a child to be considered in determining the amount ordered for the support of that child; and providing other matters properly relating thereto.
[Approved June 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 3 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 24, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, enforcing authority means the welfare division of the department of human resources or the district attorney.
Sec. 3. 1. If a responsible parent is 30 days delinquent in making a payment for support of a child as ordered by a court, the person to whom support is owed may apply:
(a) If he is receiving public assistance, to the welfare division of the department of human resources or to the district attorney of the county or Carson City where the applicant resides; or
(b) In all other cases, to the district attorney only,
to obtain withholding of income.
2. The application must contain:
(a) A certified copy of the order for support from a court of competent jurisdiction;
(b) A sworn statement by the person to whom support is owed specifying:
(1) That the payment is at least 30 days delinquent;
(2) The amount of the current support payments and the amount of the arrearages; and
(3) That he has physical custody of the child for whom support is sought.
Sec. 4. The amount to be withheld:
1. Must be calculated in accordance with NRS 31.295; and
2. May include the amount of the current support due and a payment on the arrearages if previously ordered by a court of competent jurisdiction.
Sec. 5. Upon receipt of the completed application, the enforcing authority shall notify the responsible parent by certified mail to his last known address, return receipt requested:
1. That he is delinquent;
2. Of the amount of the arrearages;
3. That a notice to withhold from his wages and commissions will be mailed to his employer 10 days after the date of the mailing to him of the notice of delinquency, unless he contests it;
κ1985 Statutes of Nevada, Page 1426 (CHAPTER 463, SB 159)κ
mailed to his employer 10 days after the date of the mailing to him of the notice of delinquency, unless he contests it;
4. That he may contest the withholding; and
5. Of the grounds and procedures for contesting it.
Sec. 6. 1. If the responsible parent, within 10 days after the notice of delinquency is mailed to him requests a hearing to contest the withholding, the enforcing authority shall apply for a hearing before the court, unless the authority determines that withholding is not required or unless the responsible parent pays the amount of the arrearages.
2. The responsible parent may contest the withholding on the following grounds:
(a) That the court which issued the order for support lacked personal jurisdiction over him;
(b) That there is a mistake of fact as to:
(1) Whether the responsible parent has been delinquent for 30 days;
(2) The amount of the arrearages or support; or
(3) The custody of the child;
(c) That the order of support was attained by fraud; or
(d) That the statute of limitations precludes the recovery of all or a part of the arrearages.
No other issues or defenses may be presented to the court.
Sec. 7. 1. If the court determines that:
(a) The court that issued the order of support lacked jurisdiction or the order was obtained by fraud or a mistake of fact, it shall issue an order to prevent the withholding.
(b) The statute of limitations precludes all or part of the arrearages, it may issue an order to allow withholding of income excluding those arrearages.
(c) An order of support is valid, there is no fraud or mistake of fact, and the statute of limitations is not applicable, it shall order the enforcing authority to proceed with the withholding.
2. The court shall make its decision within 45 days after the notice of the delinquency is mailed to the responsible parent.
3. If the court orders the enforcing authority to proceed with the withholding, it may assess costs and attorneys fees against the responsible parent.
Sec. 8. 1. The enforcing authority shall mail, by certified mail, return receipt requested, a notice to withhold wages and income to the responsible parents employer, 10 days after notice of the delinquency was mailed to the responsible parent or, if the responsible parent contests the notice, at the order of the court.
2. The notice of withholding shall state the amount to be withheld from the wages and commissions of the responsible parent.
Sec. 9. An employer who receives a notice to withhold wages and income shall:
1. Withhold the amount stated in the notice from the wages and commissions due the responsible parent; and
2. Deliver the money withheld to the enforcing authority.
κ1985 Statutes of Nevada, Page 1427 (CHAPTER 463, SB 159)κ
Sec. 10. 1. A notice to withhold wages and commissions is binding upon any employer of the responsible parent to whom it is mailed. To reimburse him for his costs in making the withholding, the employer may deduct $3 from the amount paid the responsible parent each time he makes a withholding.
2. The employer shall cooperate with and provide relevant information to the enforcing authority as necessary to enable it to enforce the obligation of support. A disclosure made in good faith pursuant to this subsection does not give rise to any action for damages resulting from the disclosure.
Sec. 11. Compliance by an employer with a notice to withhold is a discharge of the employers liability to the responsible parent as to that portion of the wages and commissions affected.
Sec. 12. The enforcing authority may, pursuant to this chapter, collect, by withholding, an obligation for support of a spouse or a former spouse under a valid order of a court, if the enforcing authority is also collecting support for a child of that spouse or former spouse from the same responsible parent and the child resides with the spouse or former spouse for whom the obligation of support is being collected.
Sec. 13. 1. It is unlawful for an employer to use the withholding of wages and commissions to collect an obligation of support as a basis for discharging the employee or for disciplinary action against him. Any employer who violates this section shall reinstate the employee with no loss of pay or benefits, is liable for any payments of support not withheld, and shall be fined $1,000.
2. If an employer wrongfully refuses to withhold from the wages and commissions of a responsible parent as required in the notice of withholding from the enforcing authority, he shall pay that amount to the enforcing authority.
Sec. 14. The welfare division of the department of human resources shall adopt regulations which establish procedures for all enforcing authorities for documenting payments for support and for the expeditious distribution of amounts withheld.
Sec. 15. 1. A parent for whom support is being collected by withholding shall notify the enforcing authority of a change of address within a reasonable time after the change. The notice must be in writing and sent by certified mail, return receipt requested.
2. If payments are not deliverable for 3 consecutive months because of the failure of a person for whom payment of support has been withheld to notify the enforcing authority of a change of address, no further payments may be made and all payments not delivered must be returned to the responsible parent. The enforcing authority shall notify the employer to discontinue withholding.
Sec. 16. 1. Money may be withheld for support of a child pursuant to this chapter from any money due the responsible parent as a pension, an annuity, unemployment compensation, a benefit because of disability, retirement or other cause or as a return of contributions and interest, or due to some other person because of his death, from the state, a political subdivision of the state or an agency of either, a public trust, corporation or board or a system for retirement, disability or annuity established by a statute of this state.
κ1985 Statutes of Nevada, Page 1428 (CHAPTER 463, SB 159)κ
due to some other person because of his death, from the state, a political subdivision of the state or an agency of either, a public trust, corporation or board or a system for retirement, disability or annuity established by a statute of this state.
2. When a certified copy of the notice to withhold income is delivered by certified mail, return receipt requested, to a public entity described in subsection 1, it shall comply with the request and pay the amounts withheld as required in the notice to the enforcing authority.
Sec. 17. 1. Withholding of income to enforce an order of a court for support of a child has priority over any other proceeding against the same money.
2. The withholding of income is in addition to, and not a substitution for, any other remedy for the collection of an obligation for the support of a child.
Sec. 18. The enforcing authority shall, upon the request of the responsible parent, notify his employer to discontinue withholding if the required payments have been withheld and paid for 18 consecutive months to the parent for whom support is being collected.
Sec. 19. If an order for support on which a notice of withholding is based is amended or modified, the enforcing authority shall, upon receipt of a certified copy of the amendment or modification, notify the employer of the responsible parent to modify the amount to be withheld accordingly.
Sec. 20. A responsible parent may voluntarily have the payment for support withheld from his wages and commissions by filing his request and a certified copy of the order for support with the enforcing authority. The enforcing authority shall send a notice of withholding to his employer and the employer shall withhold and pay the amount as required in the notice.
Sec. 21. 1. The enforcing authority shall release information concerning a responsible parents failure to pay support for a child to an agency of the kind defined in 15 U.S.C. § 1681a(f) at its request, except that:
(a) If the amount of the delinquent payment is less than $1,000, the release of the information is at the discretion of the enforcing authority; and
(b) The information may be given to the agency only after notice of the proposed disclosure has been sent to the responsible parent and he has had 20 days to correct the information.
2. The enforcing authority shall collect from the requesting agency a fee not to exceed the actual cost of providing the information.
Sec. 22. On behalf of any client for whom an enforcing authority is providing services, or on application of a resident of this state, a parent to whom support of a child has been ordered to be paid or any agency to whom that parent has assigned his right to support, the enforcing authority shall request the agency of another jurisdiction in which the responsible parent derives wages or commissions to enter an order to withhold payments of support from his wages and commissions. The enforcing authority shall send to the agency of the other jurisdiction all documentation required by that jurisdiction to enter such an order.
κ1985 Statutes of Nevada, Page 1429 (CHAPTER 463, SB 159)κ
enforcing authority shall send to the agency of the other jurisdiction all documentation required by that jurisdiction to enter such an order. The enforcing authority also shall send to the agency of the other jurisdiction a certified copy of any modifications of the order for support. If the enforcing authority receives notice that the responsible parent is contesting withholding of his income in the other jurisdiction, the enforcing authority shall immediately notify the parent to whom the support is ordered to be paid of the date, time and place of the hearing and of his right to attend.
Sec. 23. 1. The enforcing authority shall issue a notice of delinquency and proceed to collect an obligation for support of a child by withholding pursuant to this chapter upon the request of an agency responsible for the enforcement of orders for support of a child in another jurisdiction.
2. The request must include:
(a) A certified copy of the order for support with any modifications;
(b) A certified copy of an order to withhold wages and commissions, if any, still in effect;
(c) A copy of the portion of the statute of that jurisdiction authorizing the withholding of wages and commissions, stating the requirements for withholding wages and commissions;
(d) A sworn statement of the parent to whom payments of support are ordered or a certified statement of the agency of the amount delinquent and any assignment of the parents right to support; and
(e) A statement of:
(1) The name, address and social security number of the responsible parent, if known:
(2) The name and address of the employer of the responsible parent or of any source of wages, commissions or other income derived in this state against which withholding is sought; and
(3) The name and address of the agency to whom payments of support collected by withholding must be transmitted.
3. If the documentation received by the enforcing authority does not conform to the requirements of subsection 2, it shall remedy the defect, if possible, without the assistance of the requesting agency. If the enforcing authority is unable to remedy the deficiencies, it shall immediately notify the requesting agency of the necessary additions or corrections. It shall not return the documentation. The enforcing authority shall accept the documentation even if it is not in the usual form if it contains the required information.
4. Upon receipt of a request from an agency in another jurisdiction, notice must be sent to the responsible parent pursuant to section 5 of this act. If he requests a hearing, the enforcing authority shall notify the requesting agency of the date, time and place of the hearing and of the agencys or custodial parents right to attend.
Sec. 24. If the enforcing authority has issued a notice to withhold wages or commissions to an employer of a responsible parent and receives information that the responsible parent has obtained employment or has a new or additional source of income in another state, the enforcing authority shall notify the agency who requested the withholding of income of those changes within 10 working days after receiving the information.
κ1985 Statutes of Nevada, Page 1430 (CHAPTER 463, SB 159)κ
receives information that the responsible parent has obtained employment or has a new or additional source of income in another state, the enforcing authority shall notify the agency who requested the withholding of income of those changes within 10 working days after receiving the information. It shall forward to the requesting agency all information it has or can obtain with respect to the responsible parents new address and the name and address of his new employer or other sources of income. The enforcing authority shall include with the notice a certified copy of the notice to withhold wages and commissions in effect in this state.
Sec. 25. NRS 31.295 is hereby amended to read as follows:
31.295 1. As used in this section, the term disposable earnings means that part of the earnings of any [individual] person remaining after the deduction from those earnings of any amounts required by law to be withheld.
2. The maximum amount of the aggregate disposable earnings of [an individual] a person which are subject to garnishment may not exceed:
(a) [25] Twenty-five percent of his disposable earnings for the relevant pay period; or
(b) The amount by which his disposable earnings for each week of that period exceed 30 times the federal minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 in effect at the time the earnings are payable,
whichever is less.
3. The restrictions of subsection 2 do not apply in the case of:
(a) Any order of any court for the support of any person.
(b) Any order of any court of bankruptcy.
(c) Any debt due for any state or federal tax.
4. Except as otherwise provided in this subsection, the maximum amount of the aggregate disposable earnings of a person for any work week which are subject to garnishment to enforce any order for the support of any person may not exceed:
(a) Fifty percent of his disposable earnings for that week if he is supporting a spouse or child other than the spouse or child for whom the order of support was rendered; or
(b) Sixty percent of his disposable earnings for that week if he is not supporting such a spouse or child,
except that if the garnishment is to enforce a previous order of support with respect to a period occurring at least 12 weeks before the beginning of the work week, the limits which apply to the situations described in paragraphs (a) and (b) are 55 percent and 65 percent respectively.
Sec. 26. NRS 125.450 is hereby amended to read as follows:
125.450 No court may grant a divorce, separate maintenance or annulment under this chapter wherein there are one or more minor children residing in this state, the issue of the relationship, without first providing for the medical and other care, support, education and maintenance of those children.
κ1985 Statutes of Nevada, Page 1431 (CHAPTER 463, SB 159)κ
Sec. 27. NRS 126.265 is hereby amended to read as follows:
126.265 Any court establishing or enforcing an order for the support of a child, in determining the amount to be paid, shall consider [the relevant facts, including] the:
1. Needs of the child [.] including needs for medical care.
2. Standard of living and circumstances of the parents.
3. Relative financial means of the parents.
4. Earning ability of the parents.
5. Need and capacity of the child for education.
6. Age of the child.
7. Financial resources and the earning ability of the child.
8. Responsibility of the parents for the support of others.
9. Value of services contributed by the custodial parent.
10. Assistance paid by public agencies to support the child.
11. Reasonably related expenses of the mothers pregnancy and confinement.
12. Formula adopted by regulation of the welfare division of the department of human resources.
Sec. 28. NRS 286.670 is hereby amended to read as follows:
286.670 1. Except as otherwise provided in [NRS 31.467] section 16 of this act and as limited by subsection 2, the right of a person to a pension, an annuity, a retirement allowance, the return of contributions, the pension, annuity or retirement allowance itself, any optional benefit or death benefit or any other right accrued or accruing to any person under the provisions of this chapter, and the money in the various funds created by this chapter, is:
(a) Exempt from all state, county and municipal taxes.
(b) Not subject to execution, garnishment, attachment or any other process.
(c) Not subject to the operation of any bankruptcy or insolvency law.
(d) Not assignable, by power of attorney or otherwise.
2. The system may withhold money from a refund or benefit when the person applying for or receiving the refund or benefit owes money to the system.
Sec. 29. NRS 425.350 is hereby amended to read as follows:
425.350 1. A parent has duties to support his children which include [, but are not limited:
(a) Any duty arising at common law or under NRS 126.241.
(b) Any duty arising under an order made pursuant to NRS 201.020.
2. Except as limited by this section by accepting assistance in his own behalf or in behalf of any other person, the applicant or recipient shall be deemed to have made an assignment to the division of all rights to support from any other person which the applicant or recipient may have in his own behalf or in behalf of any other family member for whom the applicant or recipient is applying for or receiving assistance. Rights to support include, but are not limited to, accrued but unpaid support payments and support payments to accrue during the period for which assistance is provided.
κ1985 Statutes of Nevada, Page 1432 (CHAPTER 463, SB 159)κ
which assistance is provided. The amount of the assigned support rights must not exceed the amount of public assistance provided or to be provided. The division shall attempt to notify the responsible parent as soon as possible after assistance begins that the child is receiving public assistance.
3. The recipient shall also be deemed, without the necessity of signing any document, to have appointed the administrator as his true and lawful attorney in fact with power of substitution to act in his name, place and stead to perform the specific act of endorsing all drafts, checks, money orders or other negotiable instruments representing support payments which are received as reimbursement for the public assistance money previously paid to or on behalf of each recipient.
4. The support rights assigned under subsection 2 constitute a support debt owed to the division by the responsible parent. The support debt is enforceable under all processes provided by law. The division, through the prosecuting attorney, may also represent the recipient when the amount of the support rights exceeds the amount of the support debt.
5. The amount of this support debt is:
(a) The amount specified in a court order of support accrued and unpaid for 6 years preceding the commencement of the action for its enforcement; or
(b) If there is no court order of support, or if any court order provides that no support is due, not more than the amount determined in accordance with a formula adopted by the division pursuant to regulations promulgated by the Secretary of Health and Human Resources for the 3 years preceding the commencement of the action for its enforcement, less any amounts paid during that period.
6. The assignment provided for in subsection 2 is binding upon the obligor upon service of notice thereof in the manner provided by law for service of civil process or upon actual notice thereof.] any duty arising by law or under a court order.
2. If a court order specifically provides that no support for a child is due, the order applies only to those facts upon which the decision was based.
3. By accepting assistance in his own behalf or in behalf of any other person, the applicant or recipient shall be deemed to have made an assignment to the division of all rights to support from any other person which the applicant or recipient may have in his own behalf or in behalf of any other member of the family for whom the applicant or recipient is applying for or receiving assistance. Rights to support include, but are not limited to, accrued but unpaid payments for support and payments for support to accrue during the period for which assistance is provided. The amount of the assigned rights to support must not exceed the amount of public assistance provided or to be provided. The division shall attempt to notify the responsible parent as soon as possible after assistance begins that the child is receiving public assistance.
4. The recipient shall be deemed, without the necessity of signing any document, to have appointed the administrator as his attorney in fact with power of substitution to act in his name and to endorse all drafts, checks, money orders or other negotiable instruments representing payments for support which are received as reimbursement for the public assistance previously paid to or on behalf of each recipient.
κ1985 Statutes of Nevada, Page 1433 (CHAPTER 463, SB 159)κ
fact with power of substitution to act in his name and to endorse all drafts, checks, money orders or other negotiable instruments representing payments for support which are received as reimbursement for the public assistance previously paid to or on behalf of each recipient.
5. The rights of support assigned under subsection 3 constitute a debt for support owed to the division by the responsible parent. The debt for support is enforceable by any remedy provided by law. The division, through the prosecuting attorney, may also represent the recipient when the amount of the rights of support exceeds the amount of the debt for support.
6. The assignment provided for in subsection 3 is binding upon the responsible parent upon service of notice of the assignment. After notification, payments by the responsible parent to anyone other than the division must not be credited toward the satisfaction of the debt for support. Service of notice is complete upon:
(a) The mailing, by first class mail, of the notice to the responsible parent at his last known address;
(b) Service of the notice in the manner provided for service of civil process; or
(c) Actual notice.
Sec. 30. NRS 425.360 is hereby amended to read as follows:
425.360 1. [Any payment of public assistance creates a support debt to the division by the responsible parent, whether or not the parent received prior notice that his child was receiving public assistance. The support debt is in] A debt for support created by a payment for assistance under this chapter is an amount equal to the least of:
(a) The amount of assistance paid;
(b) The amount due under any court order [;] for support; or
(c) If there is no court order [,] for support, or if the court order provides that no support is due and the facts upon which the order is based have changed, the amount due under the formula adopted by the division [pursuant to regulations promulgated by the Secretary of Health and Human Resources] by regulation or under any written agreement between the division and a responsible parent.
2. The division is entitled to the amount to which a dependent child or a person having the care, custody and control of a dependent child would have been entitled for support and may prosecute or maintain any [support] action for support or execute any administrative remedy existing under the laws of this state to obtain reimbursement of money expended for public assistance. If a court enters judgment for an amount of support to be paid by a responsible parent, the division is entitled to the amount of the debt created by such judgment to the extent of public assistance paid, and the judgment awarded shall be deemed to be in favor of the division. This entitlement applies but is not limited to a temporary order for spousal support, a family maintenance order or an alimony order, whether or not allocated to the benefit of the child on the basis of providing necessaries for the caretaker of the child, up to the amount paid by the division in public assistance to or for the benefit of a dependent child.
κ1985 Statutes of Nevada, Page 1434 (CHAPTER 463, SB 159)κ
of a dependent child. The division may petition the appropriate court for modification of its order on the same grounds as a party to the action.
3. Debts [under this section] for support may not be incurred by a parent or any other person who is the recipient of public assistance for the benefit of a dependent child for the period when the parent or other person is a recipient.
Sec. 31. NRS 612.710 is hereby amended to read as follows:
612.710 Except as otherwise provided in [NRS 31.467:] section 16 of this act:
1. Any assignment, pledge or encumbrance of any right to benefits which are or may become due or payable under this chapter is void, except for a voluntary assignment of benefits to satisfy an obligation to pay support for a child.
2. Benefits are exempt from levy, execution, attachment, or any other remedy provided for the collection of debt. Benefits received by any person, if they are not mingled with other money of the recipient, are exempt from any remedy for the collection of all debts, except debts incurred for necessaries furnished to the person or his spouse or dependents during the time when the person was unemployed.
3. Any other waiver of any exemption provided for in this section is void.
Sec. 32. NRS 616.550 is hereby amended to read as follows:
616.550 Except as otherwise provided in [NRS 31.467,] section 16 of this act, compensation payable under this chapter, whether determined or due, or not, is not, before the issuance and delivery of the check, assignable, is exempt from attachment, garnishment and execution, and does not pass to any other person by operation of law; but in [any] the case of the death of an injured employee covered by this chapter from causes independent from the injury for which compensation is payable, any compensation due [such] the employee which was awarded or accrued but for which a check was not issued or delivered at the date of death of [such] the employee is payable to his dependents as defined in NRS 616.615.
Sec. 33. NRS 31.463 to 31.468 are hereby repealed.
________
κ1985 Statutes of Nevada, Page 1435κ
Senate Bill No. 373Committee on Taxation
CHAPTER 464
AN ACT relating to taxes ad valorem; expanding the limitation on a taxpayers appeal from an assessment when he has neglected, without good cause, to supply information to the county assessor; extending the deadline for the equalization of values on property; correcting a reference to the reporting of net proceeds of mines; and providing other matters properly relating thereto.
[Approved June 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 361.345 is hereby amended to read as follows:
361.345 1. The county board of equalization may determine the valuation of any property assessed by the county assessor, and may change and correct any valuation found to be incorrect either by adding thereto or by deducting therefrom such sum as is necessary to make it conform to the taxable value of the property assessed, whether [such] that valuation was fixed by the owner or the county assessor. Where the person complaining of the assessment of his property has refused or, without good cause, has neglected to give the county assessor his list under oath, as required by this chapter, no reduction may be made by the county board of equalization from the assessment of the county assessor.
2. If the county board of equalization finds it necessary to add to the assessed valuation of any property on the assessment roll, it shall direct the clerk to give notice to the person so interested by registered or certified letter, or by personal service, naming the day when it will act on the matter and allowing a reasonable time for the interested person to appear.
Sec. 2. NRS 361.355 is hereby amended to read as follows:
361.355 1. Any person, firm, company, association or corporation, claiming overvaluation or excessive valuation of its real or secured personal property in the state, whether assessed by the Nevada tax commission or by the county assessor or assessors, by reason of undervaluation for taxation purposes of the property of any other person, firm, company, association or corporation within any county of the state or by reason of any such property not being so assessed, shall appear before the county board of equalization of the county or counties where the undervalued or nonassessed property is located and make complaint concerning it and submit proof thereon. The complaint and proof must show the name of the owner or owners, the location, the description, and the taxable value of the property claimed to be undervalued or nonassessed.
2. Any person, firm, company, association or corporation wishing to protest the valuation of real or personal property placed on the unsecured tax roll which is assessed between May 1 and December 15 shall likewise appear before the county board of equalization.
κ1985 Statutes of Nevada, Page 1436 (CHAPTER 464, SB 373)κ
unsecured tax roll which is assessed between May 1 and December 15 shall likewise appear before the county board of equalization.
3. The county board of equalization forthwith shall examine the proof and all data and evidence submitted by the complainant, together with any evidence submitted thereon by the county assessor or any other person. If the county board of equalization determines that the complainant has just cause for making the complaint it shall immediately make such increase in valuation of the property complained of as conforms to its taxable value, or cause the property to be placed on the assessment roll at its taxable value, as the case may be, and make proper equalization thereof.
4. Except as provided in subsection 5 and NRS 361.403, any such person, firm, company, association or corporation who fails to make a complaint and submit proof to the county board of equalization of each county wherein it is claimed property is undervalued or nonassessed as provided in this section, is not entitled to file a complaint with, or offer proof concerning that undervalued or nonassessed property to, the state board of equalization.
5. If the fact that there is such undervalued or nonassessed property in any county has become known to the complainant after the final adjournment of the county board of equalization of that county for that year, the complainant may file his complaint no later than the [4th] 1st Monday of [February] March with the state board of equalization and submit [its] his proof as provided in this section at a session of the state board of equalization, upon complainant proving to the satisfaction of the state board of equalization [it] he had no knowledge of the undervalued or nonassessed property before the final adjournment of the county board of equalization. The state board of equalization shall proceed in the matter in like manner as provided in this section for a county board of equalization in such case, and cause its order thereon to be certified to the county auditor with direction therein to change the assessment roll accordingly.
Sec. 3. 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] 1st Monday of [February] March and present to the state board of equalization the matters complained of at one of its sessions.
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.
κ1985 Statutes of Nevada, Page 1437 (CHAPTER 464, SB 373)κ
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 appeal involves an assessment on property which the taxpayer has refused or, without good cause, has neglected to include in the list required of him pursuant to NRS 361.265 or has refused or, without good cause, has neglected to provide the list to the county assessor, the state board of equalization may not reduce the assessment of the county assessor.
5. 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. 4. 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 the home and maintained it 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 $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 $5,400 90
5,400 8,700 80
8,700 10,800 50
10,800 13,000 25
13,000 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.
κ1985 Statutes of Nevada, Page 1438 (CHAPTER 464, SB 373)κ
Sec. 5. NRS 362.200 is hereby amended to read as follows:
362.200 1. The department may examine the records of any person, partnership, association or corporation operating or receiving royalties from any mine in this state. The records [shall be] are subject to examination at all times by the department or its [duly] authorized agents and [shall] must remain available for examination for a period of 4 years from the date of any entry therein.
2. If any person, partnership, association or corporation operating a mine whose gross yield as reported to the department for any [semiannual] annual reporting period during the 4 years immediately preceding the examination was [$50,000] $100,000 or more keeps his books and records pertaining to such operation or royalties [elsewhere than within the State of Nevada for examination as provided in subsection 1,] outside this state, the person, partnership, association or corporation shall pay an amount per day equal to the amount set by law for out-of-state travel for each day or fraction thereof during which an examiner is actually engaged in examining the books, plus the actual expenses of that examiner during the time he is absent from Carson City, Nevada, for the purpose of making [such] the examination, but [such time shall] the time must not exceed 1 day going to and 1 day coming from the place of examination. No more than one [such] examination [shall] may be charged against a person, partnership, association or corporation in any 1 fiscal year.
3. The department may hold hearings and summon and subpena witnesses to appear and testify upon any subject material to the determination of the net proceeds of mines. The hearings may be held at any place the department designates, after not less than 10 days notice of the time and place of the hearing given in writing to the owner or operator of the mine. The owner or operator is entitled, on request made to the executive director, to the issuance of the departments subpena requiring witnesses in behalf of the owner or operator to appear and testify at such hearing.
4. The failure of a witness to obey the subpena of the department [shall subject] subjects the witness to the same penalties prescribed by law for failure to obey a subpena of a district court.
Sec. 6. Sections 3 and 4 of this act become effective at 12:01 a.m. on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 1439κ
Assembly Bill No. 546Assemblymen Price and Little
CHAPTER 465
AN ACT relating to the City of North Las Vegas; amending the charter to restrict the collection of the additional charge for beautification of the city and extend the time allowed to canvass election returns; and providing other matters properly relating thereto.
[Approved June 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2.280 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 584, Statutes of Nevada 1983, at page 1865, is hereby amended to read as follows:
Sec. 2.280 Powers of city council: Provision of utilities.
1. The city council may:
(a) Provide, by contract, franchise and public enterprise, for any utility to be furnished to the city for residents located either within or without the city.
(b) Provide for the construction and maintenance of any facilities necessary for the provision of all such utilities.
(c) Prescribe, revise and collect rates, fees, tolls and charges for the services, facilities or commodities furnished by any municipally operated or municipally owned utility or undertaking. Notwithstanding any provision of this charter to the contrary or in conflict herewith, no rates, fees, tolls or charges for the services, facilities or commodities furnished by any municipally operated or municipally owned utility or undertaking may be prescribed, revised, amended or altered, increased or decreased, without this procedure first being followed:
(1) There must be filed with the city clerk schedules of rates, fees, tolls or charges which must be open to public inspection, showing all rates, fees, tolls or charges which the city has established and which are in force at the time for any service performed or product furnished in connection therewith by any utility controlled and operated by the city.
(2) No changes may be made in any schedule so filed with the city clerk except upon 30 days notice to the inhabitants of the city and a public hearing held thereon. Notice of such a proposed change or changes must be given by at least two publications in a newspaper published in the city during the 30-day period before the hearing thereon.
(3) At the time set for the hearing on the proposed change, any person may appear and be heard and offer any evidence in support of or against the proposed change.
(4) Every utility operated by the city shall furnish reasonably adequate service and facilities, and the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, must be just and reasonable.
κ1985 Statutes of Nevada, Page 1440 (CHAPTER 465, AB 546)κ
adequate service and facilities, and the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, must be just and reasonable.
(d) Provide, by ordinance, for an additional charge to each [household] customer within the city [for the provision of utilities] to which water is provided by a utility of up to 25 cents per month. If such a charge is provided for, the city council shall, by ordinance, provide for the expenditure of that money for any purpose relating to the beautification of the city.
2. Any charges due for services, facilities or commodities furnished by the city or by any utility operated by the city under this section is a lien upon the property to which the service is rendered and must be perfected by filing with the county recorder of Clark County of a statement by the city clerk stating the amount due and unpaid and describing the property subject to the lien. Each such lien must:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
Sec. 2. Section 5.080 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 301, Statutes of Nevada 1979, at page 453, is hereby amended to read as follows:
Sec. 5.080 Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.
1. The election returns from any special, primary or general municipal election shall be filed with the city clerk, who shall immediately place the returns in a safe or vault, and no person may be permitted to handle, inspect or in any manner interfere with the returns until canvassed by the city council.
2. The city council shall meet at any time within [14] 16 days after any election and shall canvass the returns and declare the result. The election returns must then be sealed and kept by the city clerk for 6 months, and no person may have access thereto except on order of a court of competent jurisdiction or by order of the city council.
3. The city clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the 1st day of July next following their election.
4. If any election should result in a tie, the city council shall summon the candidates who received the tie vote and determine the tie by lot.
κ1985 Statutes of Nevada, Page 1441 (CHAPTER 465, AB 546)κ
tie by lot. The clerk shall then issue to the winner a certificate of election.
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Assembly Bill No. 688Committee on Taxation
CHAPTER 466
AN ACT relating to taxes on retail sales; providing for submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to provide an exemption from the tax for aircraft and major components of aircraft purchased by an airline based in Nevada; creating the same exemption from certain analogous taxes; and providing other matters properly relating thereto.
[Approved June 4, 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 773, is hereby amended by adding thereto a new section to read as follows:
Sec. 61.5. There are exempted from the taxes imposed by this act the gross receipts from the sale of aircraft and major components of aircraft, such as engines and other components made for use only in aircraft, to an air carrier which:
κ1985 Statutes of Nevada, Page 1442 (CHAPTER 466, AB 688)κ
components of aircraft, such as engines and other components made for use only in aircraft, to an air carrier which:
1. Holds a certificate to engage in air transportation issued pursuant to 49 U.S.C. § 1371 and is not solely a charter air carrier or a supplemental air carrier as described in Title 49 of the United States Code; and
2. Maintains its central office in Nevada and bases a majority of its aircraft in Nevada.
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 of 1955 be amended to provide an exemption from the taxes imposed by this act on the gross receipts from the sale of aircraft and major components of aircraft to scheduled air carriers based in this state?
Yes o No o
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 of 1955 would exempt from the taxes imposed by this act the sale of aircraft and major components of aircraft to a scheduled air carrier which is based in Nevada. The legislature has amended the Local School Support Tax Law and the City-County Relief Tax Law to provide the same exemption.
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 read as follows:
There are exempted from the taxes imposed by this chapter the gross receipts from the sale of aircraft and major components of aircraft, such as engines and other components made for use only in aircraft, to an air carrier which:
κ1985 Statutes of Nevada, Page 1443 (CHAPTER 466, AB 688)κ
1. Holds a certificate to engage in air transportation issued pursuant to 49 U.S.C. § 1371 and is not solely a charter air carrier or a supplemental air carrier as described in Title 49 of the United States Code; and
2. Maintains its central office in Nevada and bases a majority of its aircraft in Nevada.
________
Assembly Bill No. 224Committee on Labor and Management
CHAPTER 467
AN ACT relating to industrial insurance; allowing employees to report tips to their employers to increase coverage; and providing other matters properly relating thereto.
[Approved June 4, 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. An employee may elect to report the amount he receives as tips for the purpose of the calculation of compensation by submitting to his employer a written notice of election to report his tips. The employee must make his election separately for each pay period before the end of the next pay period. The declaration may not be amended.
2. Upon receipt of such notice the employer shall:
(a) Make a copy of each report which the employee has filed with the employer to report the amount of his tips to the United States Internal Revenue Service;
(b) Stamp or attach to the copy a declaration to be signed by the employee under penalty of perjury which states that the contents of the report are true;
(c) Require the employee to sign the declaration;
(d) Submit the copy to the system or if the employer is self-insured, retain the copy for his records; and
(e) If he is not self-insured, pay the system the premiums for the reported tips at the same rate as he pays on regular wages.
3. An employee who elects to report his tips is not eligible to receive increased compensation based on those tips until 3 months after his employer receives the notice of election to report his tips.
4. The department shall adopt regulations specifying the form of the declaration required pursuant to subsection 2.
5. The system or the self-insured employer shall calculate compensation for an employee on the basis of wages paid by the employer plus the amount of tips reported after the employee has become eligible for increased compensation pursuant to subsection 3.
κ1985 Statutes of Nevada, Page 1444 (CHAPTER 467, AB 224)κ
Sec. 2. NRS 616.027 is hereby amended to read as follows:
616.027 1. Except as provided in subsection [2,] 3, average monthly wage means the lesser of:
(a) The monthly wage actually received or deemed to have been received by the employee on the date of the accident or injury to the employee excluding remuneration from employment:
(1) Not subject to the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act;
(2) Specified in NRS 616.255 or 617.180; and
(3) For which coverage is elective, but has not been elected; or
(b) One hundred fifty percent of the state average weekly wage as most recently computed by the employment security department during the fiscal year preceding the date of the injury or accident, multiplied by 4.33.
2. For the purposes of this section, wage is increased by the amount of tips reported by an employee to his employer except:
(a) Tips in a form other than cash; and
(b) Tips in cash which total less than $20 per month.
3. For the purpose of increasing compensation for permanent total disability pursuant to NRS 616.6262 or increasing death benefits pursuant to NRS 616.6282, average monthly wage has the meaning shown in the following schedule:
Average Monthly Wage
Effective Date for Prior Fiscal Year
July 1, 1973............................................................................ $688.60
July 1, 1974............................................................................ 727.48
July 1, 1975............................................................................ 761.47
July 1, 1976............................................................................ 807.33
July 1, 1977............................................................................ 858.29
July 1, 1978............................................................................ 918.05
July 1, 1979............................................................................ 992.31
July 1, 1980............................................................................ 1,061.24
Sec. 3. NRS 616.400 is hereby amended to read as follows:
616.400 1. Except for a self-insured employer, every employer within, and those electing to be governed by, the provisions of this chapter, shall, on or before the 25th day of each month, furnish the system with a true and accurate payroll showing:
(a) The total amount paid to employees for services performed during the month [; and] , plus the amount of tips reported to him by every employee who has elected to report his tips and whose tips in cash totaled $20 or more for the month; and
(b) A segregation of employment in accordance with the requirements of the system,
together with the premium due thereon.
2. In determining the total amount paid to employees by each employer for services performed during a year, the maximum amount paid by each employer to any one employee during the year shall be deemed to be $24,000.
κ1985 Statutes of Nevada, Page 1445 (CHAPTER 467, AB 224)κ
paid by each employer to any one employee during the year shall be deemed to be $24,000.
3. Any employer by agreement in writing with the manager may arrange for the payment of premiums in advance for a period of more than 60 days.
4. Failure on the part of any such employer to comply with the provisions of this section and NRS 616.395 operates as a rejection of this chapter, effective at the expiration of the period covered by his estimate. The manager shall notify the administrator of each such rejection.
5. If an audit of the accounts or actual payroll of an employer shows the actual premium earned exceeds the estimated advance premium paid, the manager may require the payment of a sum sufficient to cover the deficit, together with such amount as in his judgment constitutes an adequate advance premium for the period covered by the estimate.
6. The manager shall notify any employer or his representative by first class mail of any failure on his part to comply with the provisions of this section. The notice or its omission does not modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.
7. The system may impose a penalty not to exceed 4 percent of the premiums which are due or $15, whichever is greater, for a failure on the part of an employer to submit the information required in subsection 1 within the time allowed, unless the employer has applied for and been granted an extension of that time by the manager.
________
Assembly Bill No. 353Committee on Labor and Management
CHAPTER 468
AN ACT relating to unemployment compensation; changes the basis for computing tips as wages; and providing other matters properly relating thereto.
[Approved June 4, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 612.343 is hereby amended to read as follows:
612.343 1. An employee [who receives a wage of less than $10,200 computed on an annual basis] whose hourly wage is less than 1/2080 of the average annual wage computed pursuant to NRS 612.340 and who receives tips may declare those tips as wages for determining benefits until the aggregate amount of his tips and wages [computed on an annual basis reaches $10,200.] for the calendar quarter reaches one-fourth of the average annual wage so computed. The employee must make his declaration separately for each pay period before the end of the next pay period. The declaration may not be amended. The employer of an employee who makes such a declaration shall for the purposes of the calculation of contributions and benefits:
κ1985 Statutes of Nevada, Page 1446 (CHAPTER 468, AB 353)κ
employer of an employee who makes such a declaration shall for the purposes of the calculation of contributions and benefits:
(a) Make a copy of each report which the employee has filed with the employer to report the amount of his tips to the Unites States Internal Revenue Service;
(b) Stamp or attach to the copy a declaration to be signed by the employee under penalty of perjury which states that the contents of the report are true;
(c) Require the employee to sign the declaration;
(d) Submit the copy to the department; and
(e) Pay the department the contribution for the reported tips at the same rate as he pays on regular wages.
2. The executive director shall adopt regulations specifying the form of the declaration required pursuant to subsection 1.
3. The department shall accept the reports and payments required by subsection 1 and credit the employee with the additional amount of wages as limited by subsection 1.
________
Senate Bill No. 322Committee on Commerce and Labor
CHAPTER 469
AN ACT relating to health insurance; entitling an insured under a policy for health insurance to reimbursement for treatment by certain registered nurses; and providing other matters properly relating thereto.
[Approved June 4, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:
1. If any policy of health insurance provides coverage for services which are within the authorized scope of practice of a registered nurse who is authorized pursuant to chapter 632 of NRS to perform additional acts in an emergency or under other special conditions as prescribed by the state board of nursing, and which are reimbursed when provided by another provider of health care, the insured is entitled to reimbursement for services provided by such a registered nurse.
2. The terms of the policy must not limit:
(a) Coverage for services provided by such a registered nurse to a number of occasions less than for services provided by another provider of health care.
(b) Reimbursement for services provided by such a registered nurse to an amount less than that reimbursed for similar services provided by another provider of health care.
3. An insurer is not required to pay for services provided by such a registered nurse which duplicate services provided by another provider of health care.
κ1985 Statutes of Nevada, Page 1447 (CHAPTER 469, SB 322)κ
Sec. 2. NRS 689A.330 is hereby amended to read as follows:
689A.330 If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of [such] that other state has informed the commissioner that [any such] the policy is not subject to approval or disapproval by [such] that officer, the commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 1 of this act.
Sec. 3. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:
1. If any group policy of health insurance provides coverage for services which are within the authorized scope of practice of a registered nurse who is authorized pursuant to chapter 632 of NRS to perform additional acts in an emergency or under other special conditions as prescribed by the state board of nursing, and which are reimbursed when provided by another provider of health care, the insured is entitled to reimbursement for services provided by such a registered nurse.
2. The terms of the policy must not limit:
(a) Coverage for services provided by such a registered nurse to a number of occasions less than for services provided by another provider of health care.
(b) Reimbursement for services provided by such a registered nurse an amount less than that reimbursed for similar services provided by another provider of health care.
3. An insurer is not required to pay for services provided by such a registered nurse which duplicate services provided by another provider of health care.
Sec. 4. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
1. If any contract for medical service provides coverage for services which are within the authorized scope of practice of a registered nurse who is authorized pursuant to chapter 632 of NRS to perform additional acts in an emergency or under other special conditions as prescribed by the state board of nursing, and which are reimbursed when provided by another provider of health care, the insured is entitled to reimbursement for services provided by such a registered nurse.
2. The terms of the contract must not limit:
(a) Coverage for services provided by such a registered nurse to a number of occasions less than for services provided by another provider of health care.
(b) Reimbursement for services provided by such a registered nurse to an amount less than that reimbursed for similar services provided by another provider of health care.
3. An insurer is not required to pay for services provided by such a registered nurse which duplicate services provided by another provider of health care.
κ1985 Statutes of Nevada, Page 1448 (CHAPTER 469, SB 322)κ
Sec. 5. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:
1. If any evidence of coverage provides coverage for services which are within the authorized scope of practice of a registered nurse who is authorized pursuant to chapter 632 of NRS to perform additional acts in an emergency or under other special conditions as prescribed by the state board of nursing, and which are reimbursed when provided by another provider of health care, the insured is entitled to reimbursement for services provided by such a registered nurse.
2. The terms of the evidence of coverage must not limit:
(a) Coverage for services provided by such a registered nurse to a number of occasions less than for services provided by another provider of health care.
(b) Reimbursement for services provided by such a registered nurse to an amount less than that reimbursed for similar services provided by another provider of health care.
3. An insurer is not required to pay for services provided by such a registered nurse which duplicate services provided by another provider of health care.
Sec. 6. NRS 695C.190 is hereby amended to read as follows:
695C.190 The commissioner may require the submission of whatever relevant information he deems necessary in determining whether to approve or disapprove a filing made pursuant to NRS 695C.170 to 695C.200 inclusive [.] , and section 5 of this act.
Sec. 7. NRS 695C.330 is hereby amended to read as follows:
695C.330 1. The commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization under this chapter if he finds that any of the following conditions exist:
(a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted under NRS 695C.060, 695C.070 and 695C.140, unless amendments to [such] those submissions have been filed with and approved by the commissioner;
(b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.170 to 695C.200, inclusive [;] , and section 5 of this act.
(c) The health care plan does not furnish comprehensive health care services as provided for in subsection 2 of NRS 695C.030;
(d) The state board of health certifies to the commissioner that:
(1) The health maintenance organization does not meet the requirements of subsection 2 of NRS 695C.080; or
(2) The health maintenance organization is unable to fulfill its obligations to furnish health care services as required under its health care plan;
(e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;
κ1985 Statutes of Nevada, Page 1449 (CHAPTER 469, SB 322)κ
responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;
(f) The health maintenance organization has failed to [implement] put into effect a mechanism affording the enrollees an opportunity to participate in matters [of program] relating to the content of programs under NRS 695C.110;
(g) The health maintenance organization has failed to [implement the complaint] put into effect the system for complaints required by NRS 695C.260 in a manner [to] reasonably to dispose of valid complaints;
(h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;
(i) The continued operation of the health maintenance organization would be hazardous to its enrollees; or
(j) The health maintenance organization has otherwise failed to substantially comply with this chapter.
2. A certificate of authority [shall] must be suspended or revoked only after compliance with the requirements of NRS 695C.340.
3. When the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of [such] that suspension, enroll any additional [consumer] groups or new individual contracts, unless [such] those groups or [individuals] persons were contracted for [prior to] before the date of suspension.
4. When the certificate of authority of a health maintenance organization is revoked, [such] the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of [such] the organization. It shall engage in no further advertising or solicitation whatsoever. The commissioner may by written order permit such further operation of the organization as he may find to be in the best interest of enrollees to the end that enrollees will be afforded the greatest practical opportunity to obtain continuing coverage for health care . [coverage.]
Sec. 8. NRS 287.010 is hereby amended to read as follows:
287.010 The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada may:
1. Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.
2. Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
κ1985 Statutes of Nevada, Page 1450 (CHAPTER 469, SB 322)κ
the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.
3. Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as a trust and agency fund as defined by NRS 354.580. The trust funds must be deposited in a state or national bank authorized to transact business in the State of Nevada. The trust instrument must be approved by the commissioner of insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this state. The provisions of NRS 689B.030 to 689B.050, inclusive, and section 3 of this act, apply to coverage provided pursuant to this subsection.
4. Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The funds for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other public agency of the State of Nevada.
Sec. 9. Chapter 608 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If an employer provides health benefits for his employees which include coverage for services which are within the authorized scope of practice of a registered nurse who is authorized pursuant to chapter 632 of NRS to perform additional acts in an emergency or under other special conditions as prescribed by the state board of nursing, and which are reimbursed when provided by another provider of health care, his employees are entitled to reimbursement for services provided by such a registered nurse.
2. The benefits provided by the employer must not limit:
(a) Coverage for services provided by such a registered nurse to a number of occasions less than for services provided by another provider of health care.
(b) Reimbursement for services provided by such a registered nurse to an amount less than that reimbursed for similar services provided by another provider of health care.
3. The employer is not required to pay for services provided by such a registered nurse which duplicate services provided by another provider of health care.
________
κ1985 Statutes of Nevada, Page 1451κ
Senate Bill No. 504Senator Jacobsen
CHAPTER 470
AN ACT relating to motor carriers; broadening certain provisions to allow registration under the International Registration Plan; and providing other matters properly relating thereto.
[Approved June 4, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 706.806 is hereby amended to read as follows:
706.806 As used in NRS 706.801 to 706.861, inclusive [:] , unless the context otherwise requires:
1. Country includes any political subdivision thereof.
2. Department means each agency of this state, or of any political subdivision of this state, administering the fee involved.
[2.] 3. Fee means each [registration] fee for registration and tax imposed by this state, except motor vehicle fuel taxes, motor carrier regulation and licensing fees, and the additional fee imposed by subsection 9 of NRS 482.480.
[3.] 4. Mileage includes mileage in this state and in all other states [.
4.] and countries.
5. Motor vehicle includes every motor vehicle of a type required to be registered under the laws of this state.
[5.] 6. Operator includes the owner or operator of any motor vehicle.
[6.] 7. Plan means a plan adopted by any state or [states] country for the proration of fees on a basis to effectuate the principles set forth in NRS 706.826.
[7.] 8. Reciprocity means that this state and another state [,] or country, as to motor vehicles registered in each other, extend substantial or complete freedom from payment of fees with respect to motor vehicles registered in the other state [.
8.] or country.
9. State includes the states of the United States, the District of Columbia [,] and the territories of the United States . [, the states, territories and federal district of Mexico, and the provinces of Canada.
9.] 10. Vehicle includes every vehicle of a type required to be registered under the laws of this state.
Sec. 2. NRS 706.816 is hereby amended to read as follows:
706.816 NRS 706.801 to 706.861, inclusive, [shall] must be so interpreted [and construed] as to effectuate their general purpose to make uniform the laws of those states and countries which enact them or any law comparable to them.
Sec. 3. NRS 706.826 is hereby amended to read as follows:
706.826 In carrying out NRS 706.801 to 706.861, inclusive, each department of this state [shall have authority to] may enter into agreements with the departments or appropriate agencies of this or any other state or country to provide for any or all of the following:
κ1985 Statutes of Nevada, Page 1452 (CHAPTER 470, SB 504)κ
department of this state [shall have authority to] may enter into agreements with the departments or appropriate agencies of this or any other state or country to provide for any or all of the following:
1. For the exemption from the plan of certain classes of vehicles either on the basis of type, extent or frequency of operations and, when also deemed advisable, for their total or partial exemption from [registration] the fees for registration or taxes or both upon the conditions set forth in the agreement, all as found to be in the interest of this state, the facilitating of this plan, or of the facilitating of the operation of vehicles between this and the other contracting state [.] or country.
2. For the reports and records required pursuant to NRS 706.801 to 706.861, inclusive, or any [rules and] regulations made pursuant thereto to be uniform with the reports and records required by the other contracting state [,] or country, but this [shall] does not prevent any department from requiring additional information from any operator subject to NRS 706.801 to 706.861, inclusive.
3. For the joint audit of the reports and records of any operator subject to NRS 706.801 to 706.861, inclusive, [and, notwithstanding any other provision of law,] the reports and records of any such operator and the department may be disclosed to the extent necessary for this purpose.
4. For the use of a plate, license, emblem, certificate or other device of this or any other state [,] or country, for the identification [, either or both,] of vehicles subject to the plan . [or of vehicles not so subject, which may or may not be uniform, such device if issued in another state to the extent provided in the agreement to have the same effect in this state as if it were issued in this state.]
5. For putting the plan into effect between this and any other state [and for implementing the plan between this and any other state.] or country.
Sec. 4. NRS 706.841 is hereby amended to read as follows:
706.841 1. Each operator shall qualify to operate under NRS 706.801 to 706.861, inclusive, by filing an application for that purpose with the department of motor vehicles before the time any fee becomes delinquent.
2. The application must:
(a) Show the total mileage of motor vehicles operated by the person [in all states and] in this state and all states and countries during the preceding statutory licensing period and describe and identify each vehicle to be operated during the [registration] period of registration in such detail as the department may require.
(b) Be accompanied by a fee, unless the department is satisfied that the fee is secured, to be computed as follows:
(1) Divide the number of in-state miles by the total number of fleet miles;
(2) Determine the total amount of money necessary, whether for fees or taxes, to register all vehicles in the fleet for which registration is requested;
κ1985 Statutes of Nevada, Page 1453 (CHAPTER 470, SB 504)κ
(3) Multiply the amount determined under subparagraph (2) by the fraction obtained under subparagraph (1);
(4) To the product obtained under subparagraph (3), add a service charge of $4 for each motor vehicle listed in the application; and
(5) To the sum obtained in subparagraph (4), add a minimum charge of $3 for the privilege tax for each motor vehicle listed in the application pursuant to NRS 371.030.
Sec. 5. NRS 706.846 is hereby amended to read as follows:
706.846 Upon the payment of all fees required under NRS 706.801 to 706.861, inclusive, or upon being satisfied that [such] the fee is secured and upon compliance with the laws of this state in order to register [such] those vehicles, the department of motor vehicles shall register them, and [shall] issue plates, licenses, emblems, certificates or other devices for [such] those vehicles in the same manner as otherwise provided by law, except that [such vehicles shall not be so] those vehicles may not be registered unless they are registered and [have paid] the fees for those vehicles have been paid pursuant to law in some other state [.] or country.
________
Senate Bill No. 350Senator Townsend
CHAPTER 471
AN ACT relating to Washoe Lake; designating the lake as a state recreational area; and providing other matters properly relating thereto.
[Approved June 4, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 407 of NRS is hereby amended by adding thereto a new section to read as follows:
Washoe Lake is hereby designated a state recreational area.
________
κ1985 Statutes of Nevada, Page 1454κ
Senate Bill No. 378Senator Foley
CHAPTER 472
AN ACT relating to the state board of architecture; requiring confidentiality of certain records of the board; conferring additional disciplinary authority on the board; authorizing the board to impose fines; increasing fees; and providing other matters properly relating thereto.
[Approved June 4, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 623 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as otherwise provided in subsection 2, the records of the board which relate to:
(a) An employee of the board;
(b) An examination given by the board; or
(c) Complaints and charges filed with the board and the material compiled as a result of its investigation of those complaints and charges,
are confidential.
2. The board may report to other related professional boards and organizations an applicants score on an examination given by the board.
Sec. 3. If the board deposits the money collected from the imposition of fines in the state treasury for the credit of the state general fund, it may present a claim to the state board of examiners for recommendation to the interim finance committee if money is needed to pay attorneys fees or the costs of an investigation, or both.
Sec. 4. NRS 623.190 is hereby amended to read as follows:
623.190 1. Any person who is at least 21 years of age and of good moral character and who [has had at least 8 years of experience in architectural work] meets the requirements for education and practical training established by the board by regulation may apply to the board for registration under this section as an architect.
2. Each year of study, up to and including 5 years of study, satisfactorily completed in an architectural [school] program accredited by the National Architectural Accrediting Board, any [school] program of architecture in the State of Nevada or any architectural [school] program approved by the state board of architecture is considered equivalent to 1 year of experience in architectural work for the purpose of registration as an architect.
3. The board shall, by regulation, establish standards for examinations which must be consistent with standards employed by other states. The board may adopt the standards of the National Council of Architectural Registration Boards, and the examination and grading procedure of that organization, as they exist on the date of adoption. Examinations must include tests in the technical and professional subjects as are prescribed by the board.
κ1985 Statutes of Nevada, Page 1455 (CHAPTER 472, SB 378)κ
must include tests in the technical and professional subjects as are prescribed by the board.
4. Any person who is at least 21 years of age and of good moral character and who has a total of 5 years of credit for education or practical training, or a combination thereof which is acceptable to the board, may apply to the board for registration as a residential designer. The board shall by regulation establish the amount of credit allowed for education, practical training or a combination thereof.
5. The board shall, by regulation, establish the standards for the examination to qualify as a residential designer, which may be required as part of the examination to be an architect. The examination must consist of at least:
(a) A written examination covering:
(1) Structural technology;
(2) Materials and methods of construction;
(3) Systems for environmental control; and
(4) Graphic design; and
(b) An oral interview of the applicant by the board upon the successful completion of the written portion of the examination.
6. Any application to the board may be denied for any violation of this chapter.
Sec. 5. NRS 623.270 is hereby amended to read as follows:
623.270 The board may [, by majority vote, revoke or suspend a certificate of registration, or it may reprimand] place the holder of any certificate of registration issued pursuant to this chapter [,] on probation, reprimand him, fine him not more than $500, suspend or revoke his license, or take any combination of these disciplinary actions, if proof satisfactory to the board is presented [in any of the following cases:
1. In case it is shown that the] that:
1. The certificate was obtained by fraud.
2. [In case the] The holder of the certificate has been found guilty by the board or by a court of justice of any fraud or deceit in his professional practice, or has been convicted by a court of justice of a crime involving moral turpitude.
3. [In case the] The holder of the certificate has been found guilty by the board of repeated incompetency or negligence in the practice of architecture or residential design.
4. [In case the board finds that the] The holder of a certificate has affixed his signature or seal to plans, drawings, specifications or other instruments of service which have not been prepared by him or in his office, or under his immediate direction and supervision, or has permitted the use of his name to assist any person who is not a registered architect to evade any provision of this chapter.
5. [In case the board finds that the] The holder of a certificate has aided or abetted any unauthorized person to practice architecture or residential design.
κ1985 Statutes of Nevada, Page 1456 (CHAPTER 472, SB 378)κ
6. [In case the board finds a violation of] The holder of the certificate has violated any law, regulation or rule of ethics pertaining to the practice of architecture or residential design.
Sec. 6. NRS 623.310 is hereby amended to read as follows:
623.310 The board shall, by regulation, adopt a fee schedule which may not exceed the following:
For an examination for a certificate.......................................................... $500.00
For rewriting an examination or a part or parts failed........................... 500.00
For a certificate of registration................................................................. 125.00
For initial registration or renewal of registration..................... [120.00] 200.00
For the late renewal of an expired certificate.......................................... 220.00
For the restoration of an expired or revoked certificate....................... 300.00
For change of address............................................................................... 5.00
For replacement of a certificate................................................................ 30.00
For application forms................................................................................. 25.00
For photostatic copies, each sheet......................................................... .25
________
Assembly Bill No. 348Committee on Judiciary
CHAPTER 473
AN ACT relating to credit cards; increasing the penalty for certain offenses; prohibiting the use of anothers account without his consent; providing a penalty; and providing other matters properly relating thereto.
[Approved June 4, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 205.690 is hereby amended to read as follows:
205.690 1. Any person who steals, takes or removes a credit card from the person, possession, custody or control of another without the cardholders consent or who, with knowledge that a credit card has been so taken, removed or stolen receives the credit card with intent to circulate, use or sell it or to transfer it to a person other than the issuer or the cardholder, 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] or by a fine of not more than $5,000 [.
2. Except under the circumstances provided in NRS 205.700, any] , or by both fine and imprisonment.
2. Any person who possesses a credit card without the consent of the cardholder and with the intent to circulate, use, sell or transfer the card with intent to defraud 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] or by a fine of not more than $5,000 [.] , or by both fine and imprisonment.
κ1985 Statutes of Nevada, Page 1457 (CHAPTER 473, AB 348)κ
3. Any person who has in his possession or under his control two or more credit cards issued in the name [or names] of another person or persons is presumed to have obtained and to possess [such] the credit cards with the knowledge that they have been stolen and with the intent to circulate, use, sell or transfer them with intent to defraud. The presumption established by this subsection does not apply to the possession of two or more credit cards used in the regular course of the possessors business or employment or where the possession is with the consent of the cardholder.
Sec. 2. NRS 205.710 is hereby amended to read as follows:
205.710 Any person, except the issuer, who sells a credit card, or any person who buys a credit card from a person other than the issuer [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.
Sec. 3. NRS 205.720 is hereby amended to read as follows:
205.720 Any person who, with intent to defraud, obtains control over a credit card as security for debt [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.
Sec. 4. NRS 205.760 is hereby amended to read as follows:
205.760 1. Any person who, with intent to defraud:
(a) Uses a credit card [for the purpose of obtaining] to obtain money, goods, property, services or anything of value where [such] the credit card was obtained or retained in violation of NRS 205.690 to 205.750, inclusive, or where [such] the person knows the credit card is forged [, expired or revoked;] or is the expired or revoked credit card of another;
(b) Uses the number of a credit account, customarily evidenced by a credit card, to obtain money, goods, property, services or anything of value without the consent of the cardholder; or
(c) Obtains money, goods, property, services or anything else of value by representing, without the consent of the cardholder, that he is the authorized holder of a specified card or that he is the holder of a card where [such] the card has not in fact been issued,
is guilty of a public offense and shall be punished [as provided in subsection 2.
2. Where] by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
2. Any person who, with intent to defraud, uses a credit card to obtain money, goods, property, services or anything of value where the credit card was issued in his name and which he knows is revoked or expired, shall be punished, where the amount of money or the value of the goods, property, services or other things of value so obtained in any 6-month period is:
κ1985 Statutes of Nevada, Page 1458 (CHAPTER 473, AB 348)κ
(a) [$100] One hundred dollars or more, [the violator shall be punished] by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
(b) Less than $100, [the violator shall be punished] for a misdemeanor.
3. A person is presumed to have knowledge of the revocation of a credit card 4 days after notice of the revocation has been mailed to him by registered or certified mail, return receipt requested, at the address set forth on the credit card or at his last known address. If the address is more than 500 miles from the place of mailing, notice [shall] must be sent by airmail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone and Canada, notice [shall] may be presumed to have been received 10 days after [such] the mailing.
Sec. 5. NRS 205.770 is hereby amended to read as follows:
205.770 Any person authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card by the cardholder, or an agent or employee of such authorized person, who, with intent to defraud, furnishes money, goods, property, services or anything else of value upon presentation of a credit card which such person, employee or agent knows was obtained or retained in violation of NRS 205.690 to 205.750, inclusive, or is forged, expired or revoked [is guilty, where the amount of money or the value of the goods, property, services or other things of value so furnished in any 6-month period is:
1. $100 or more, of a felony shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
2. Less than $100, of a 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.
Sec. 6. NRS 205.780 is hereby amended to read as follows:
205.780 Any person authorized by an issuer to furnish money, goods, property, services or anything of value upon presentation of a credit card by the cardholder, or an agent or employee of such authorized person, who, with intent to defraud, misrepresents to the issuer the value of the goods he furnishes or who fails to furnish money, goods, property, services or anything else of value which he represents in writing to the issuer that he has furnished [is guilty, where in any 6-month period the difference between the amount of money or the value of the goods, property, services or other things of value actually furnished and the amount or value which was represented to the issuer to have been furnished is:
1. $100 or more, of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
κ1985 Statutes of Nevada, Page 1459 (CHAPTER 473, AB 348)κ
in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
2. Less than $100, of a 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.
Sec. 7. NRS 205.790 is hereby amended to read as follows:
205.790 1. Any person, except the cardholder, who possesses two or more incomplete credit cards with intent to complete them without the consent of the issuer, or any person who, with knowledge of its character, possesses machinery, plates or any other contrivance designed to produce instruments which purport to be the credit cards of an issuer who has not consented to the preparation of such credit cards [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.
2. As used in this section, a credit card is incomplete if part of the matter, except the signature of the cardholder, required by an issuer to appear on the credit card has not yet been stamped, embossed, imprinted or written on the credit card.
Sec. 8. NRS 205.800 is hereby amended to read as follows:
205.800 1. Any person who receives money, property, goods, services or anything of value obtained in violation of NRS 205.760, knowing or believing that the money, property, goods, services or other things of value were so obtained, [is guilty, where the amount of money or the value of the property, goods, services or other things of value received by such person is:
(a) $100 or more, of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
(b) Less than $100, of a 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.
2. Any person who obtains at a discount price from a source other than the issuing company a ticket issued by an airline, railroad, steamship or other transportation company [which was] and acquired in violation of NRS 205.760 under such circumstances as to cause a reasonable man to believe he had obtained [such] the ticket in violation of this [act] section is presumed to know that [such] the ticket was acquired in violation of NRS 205.760.
Sec. 9. NRS 205.700 and 205.730 are hereby repealed.
________
κ1985 Statutes of Nevada, Page 1460κ
Assembly Bill No. 579Committee on Labor and Management
CHAPTER 474
AN ACT relating to workmens compensation; providing for increases in compensation paid to certain claimants for death or a disablement which results from an industrial injury or an occupational disease; and providing other matters properly relating thereto.
[Approved June 4, 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 the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Any widow, widower, surviving child or surviving dependent parent who resides in this state and who receives death benefits pursuant to this chapter on account of an industrial injury or a disablement from an occupational disease which occurred before July 1, 1973, is entitled to a 20 percent increase in those benefits without regard to any limitation on wages imposed by this chapter on the amount of those benefits.
Sec. 3. Any claimant or dependent of a claimant who resides in this state and who receives compensation pursuant to this chapter for a permanent total disability for an injury or a disablement from an occupational disease which occurred before July 1, 1973, is entitled to a 20 percent increase in that compensation without regard to any limitation on wages imposed by this chapter on the amount of that compensation.
Sec. 4. NRS 616.510 is hereby amended to read as follows:
616.510 1. [The following persons shall be] A person is conclusively presumed to be totally dependent upon an injured or deceased employee [:
(a) A spouse upon a spouse whom the spouse has not voluntarily abandoned at the time of the injury.
(b) A] if the person is a natural, posthumous or adopted child , [or children,] whether legitimate or illegitimate, under the age of 18 years, or over that age if physically or mentally incapacitated from wage earning, and there [being] is no surviving parent. Stepparents may be regarded in this chapter as parents if the fact of dependency is shown, and a stepchild or stepchildren may be regarded in this chapter as a natural child or children if the existence and fact of dependency are shown.
2. Questions as to who [shall constitute] constitutes dependents and the extent of their dependency [shall] must be determined as of the date of the accident or injury to the employee, and their right to any benefit [shall become fixed as of such] becomes fixed at that time, irrespective of any subsequent change in conditions, and the benefits [shall be] are directly recoverable by and payable to the dependent or dependents entitled thereto, or to their legal guardians or trustees.
κ1985 Statutes of Nevada, Page 1461 (CHAPTER 474, AB 579)κ
3. The presumptions of this section [shall] do not apply in favor of aliens who are nonresidents of the United States at the time of the accident, injury to, or death of the employee.
Sec. 5. NRS 616.625 is hereby amended to read as follows:
616.625 Except as otherwise provided [in NRS 616.6262, 616.6264 and 616.6282,] by specific statute, the amount of compensation and benefits and the person or persons entitled thereto must be determined as of the date of the accident or injury to the employee, and their rights thereto become fixed as of that date.
Sec. 6. 1. The increases provided in sections 2 and 3 of this act must be funded by:
(a) An increase in rates of premiums for employers who are insured by the state industrial insurance system for the fiscal year beginning July 1, 1985, and ending June 30, 1986, which is equal to the cost imposed by sections 2 and 3 of this act for that period, less the proportionate share of that cost assessed against self-insured employers; and
(b) An assessment against self-insured employers who were insured by the system during the fiscal year beginning July 1, 1983, and ending June 30, 1984, of a percentage of the cost imposed by sections 2 and 3 of this act which is equal to the percentage of the total premiums paid to the system in the fiscal year beginning July 1, 1983, and ending June 30, 1984, that were paid by self-insured employers.
2. The increases provided in sections 2 and 3 of this act must not be paid for any period before July 1, 1985.
________
Assembly Bill No. 539Committee on Government Affairs
CHAPTER 475
AN ACT relating to arbitration; including the Nevada Arbitration Association on the lists of available arbitration services used to resolve disputes; and providing other matters properly relating thereto.
[Approved June 4, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 119A.530 is hereby amended to read as follows:
119A.530 1. A developer or an affiliate of the developer shall provide for the management of the plan and the project, by a written agreement with the time-share owners. The initial term of the agreement must expire upon the first annual meeting of the members of the association or at the end of 5 years, whichever comes first. All succeeding terms of the agreement must be renewed annually unless the manager or a majority of the owners, excluding the developer, notify the manager of their refusal to renew the agreement.
2. The agreement must provide that:
κ1985 Statutes of Nevada, Page 1462 (CHAPTER 475, AB 539)κ
(a) The manager or a majority of the owners may terminate the agreement for cause.
(b) The resignation of the manager will not be accepted until 90 days after receipt by the owners of the written resignation.
(c) A fidelity bond must be delivered by the manager to the association.
3. Except as provided in this subsection, if the developer retains a reversionary interest in the time-share project, the parties to such an agreement must include the developer, the manager and the association. In addition to the provisions required in subsections 1 and 2, the agreement must provide:
(a) That the project will be maintained in good condition. Except as provided in this paragraph, any defect which is not cured within 10 days after notification by the developer may be cured by him. In an emergency situation, notice is not required. The association must repay the developer for any cost of the repairs plus the legal rate of interest. Each owner must be assessed for his share of the cost of repairs.
(b) That, if any dispute arises between the developer and the manager or association, either party may request from the American Arbitration Association or the Nevada Arbitration Association a list of seven potential factfinders from which one must be chosen to settle the dispute. The agreement must provide for the method of selecting one factfinder from this list.
(c) For collection of assessments from the owners to pay obligations which may be due to the developer for breach of the covenant to maintain the premises in good condition and repair.
If the developer, after his request to be included, is not made a party to this agreement, he shall be considered to be a third-party beneficiary of such an agreement.
Sec. 2. NRS 338.150 is hereby amended to read as follows:
338.150 1. Any agency of this state and any political subdivision, municipal corporation or district and any public officer or person charged with the drafting of specifications for the construction, alteration or repair of public works, shall include in the specifications a clause permitting arbitration of a dispute arising between the agency and a contractor if the dispute cannot otherwise be settled.
2. Any dispute requiring arbitration must be handled in accordance with the industrys [arbitration] rules for arbitration as administered by the American Arbitration Association [.] or the Nevada Arbitration Association.
3. The provisions of subsection 1 do not require the department of transportation to include such a clause in any contract entered into by the department.
________
κ1985 Statutes of Nevada, Page 1463κ
Assembly Bill No. 642Committee on Health and Welfare
CHAPTER 476
AN ACT relating to county hospitals; increasing the rate of interest on unpaid accounts; authorizing the board of trustees to enter into certain agreements for the mortgage or sale of personal property and the purchase of real property; and providing other matters properly relating thereto.
[Approved June 4, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 450.420 is hereby amended to read as follows:
450.420 1. The board of county commissioners of the county in which a public hospital is located may determine whether [or not] patients presented to the public hospital for treatment are subjects of charity. The board of county commissioners shall establish by ordinance criteria and procedures to be used in the determination of patient eligibility for medical care as medical indigents or subjects of charity.
2. The board of hospital trustees shall fix the charges for occupancy, nursing, care, medicine and attendance, other than medical or surgical attendance, of those persons able to pay for the charges, as the board may deem just and proper. The board of hospital trustees may impose an interest charge of not more than [6] 12 percent per annum on [the accounts of those persons able to pay which have been delinquent for more than 2 months after the date of the first billing.] unpaid accounts. The receipts must be paid to the county treasurer and credited by him to the hospital fund. In fixing charges pursuant to this subsection the board of hospital trustees shall not include, or seek to recover from paying patients, any portion of the expense of the hospital which is properly attributable to the care of indigent patients.
3. Except as provided in subsection 4, the county is chargeable with the entire cost of services rendered by the hospital and any salaried staff physician or employee to any person admitted for emergency treatment, including all reasonably necessary recovery, convalescent and follow-up inpatient care required for any such person as determined by board of trustees of the hospital, but the hospital shall use reasonable diligence to collect the charges from the emergency patient or any other person responsible for his support. Any amount collected must be reimbursed or credited to the county.
4. The county is not chargeable with the cost of services rendered by the hospital or any attending staff physician or surgeon to the extent the hospital is reimbursed for those services pursuant to NRS 428.115 to 428.255, inclusive.
Sec. 2. The board of trustees of a county or district hospital may, by resolution:
1. Mortgage or pledge the personal property of the hospital, including accounts receivable, and enter into agreements for the sale and leasing back to the hospital of its personal property in order to provide security for acquiring money for the operation of the hospital; and
κ1985 Statutes of Nevada, Page 1464 (CHAPTER 476, AB 642)κ
leasing back to the hospital of its personal property in order to provide security for acquiring money for the operation of the hospital; and
2. Acquire real property for the expansion of the hospital by entering into a contract for purchase of a type and duration and on such terms as the governing body determines, including a contract secured by a mortgage or other security interest in the real property.
Sec. 3. Section 2 of this act expires by limitation on June 30, 1987.
________
Assembly Bill No. 492Committee on Transportation
CHAPTER 477
AN ACT relating to certain vehicles; requiring the use of reflective material on bicycles; requiring the use of certain lights and signs on certain vehicles used by vendors of food or beverages; and providing other matters properly relating thereto.
[Approved June 4, 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:
1. Any vendor of food or beverages who operates on public streets a vehicle which moves at a speed slower than the normal flow of traffic and which stops or stands on the street or adjacent to the curb so that customers may be served from the vehicle shall, upon obtaining a permit pursuant to NRS 484.579, mount a flashing or rotating amber warning light on the roof of that vehicle and shall display warning signs on the vehicle pursuant to subsection 3.
2. The amber light must be in operation when the vehicle is:
(a) Moving down a street soliciting customers at a speed of less than 15 miles per hour; or
(b) Stopped or standing on the street or adjacent to a curb to serve customers.
3. The warning signs displayed on the vehicle must advise drivers of other vehicles of the danger of the presence of children around the vehicle. These signs must substantially conform to the color and style of print used on the warning signs displayed on public school buses in this state.
Sec. 2. NRS 484.513 is hereby amended to read as follows:
484.513 1. Every bicycle when in use at [nighttime shall] night must be equipped with [a] :
(a) A lamp on the front which [shall emit] emits a white light visible from a distance of at least 500 feet to the front [and with a] ;
(b) A red reflector on the rear of a type approved by the department of motor vehicles which [shall] must be visible from [all distances from] 50 feet to 300 feet to the rear when directly in from of lawful lower beams of head lamps on a motor vehicle [. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.
κ1985 Statutes of Nevada, Page 1465 (CHAPTER 477, AB 492)κ
light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.
2. No person shall] ; and
(c) Reflective material of a sufficient size and reflectivity to be visible from both sides of the bicycle for 600 feet when directly in front of the lawful lower beams of the head lamps of a motor vehicle, or in lieu of such material, a lighted lamp visible from both sides from a distance of at least 500 feet.
2. A person shall not operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet, but a bicycle [shall] must not be equipped with [nor shall any person] and a person shall not use upon a bicycle any siren or whistle.
3. Every bicycle [shall] must be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
Sec. 3. 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 [.] or as authorized in section 1 of this act. This subsection does not prohibit the use of amber lights in electric [turn signals.] signals for making turns.
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.] Vehicles of public utilities.
(b) Trucks for towing vehicles.
(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.
(h) Vehicles operated by vendors of food or beverages, as provided in section 1 of this act.
4. [Such] Those 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 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] Federal Government.
κ1985 Statutes of Nevada, Page 1466 (CHAPTER 477, AB 492)κ
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. 4. Section 3 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
Senate Bill No. 376Senators Wagner, Wilson, Foley, Ryan, Bilbray, Rawson and Hickey
CHAPTER 478
AN ACT relating to forfeitures; establishing a uniform procedure for the forfeiture of certain property used in certain crimes; providing for the disposition of forfeited cash; and providing other matters properly relating thereto.
[Approved June 4, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 179 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. Except as otherwise provided by specific statute, the procedures contained in sections 3 to 8, inclusive, of this act, are the procedures to be used in the seizure and disposition of property subject to a forfeiture authorized in connection with the commission of a crime.
Sec. 3. 1. Except as provided in subsection 2, property that is subject to forfeiture in connection with the commission of a crime may only be seized by a law enforcement agency upon process issued by a magistrate having jurisdiction over the property.
2. A seizure of property may be made by a law enforcement agency without process if:
(a) The seizure is incident to an arrest or a search pursuant to a search warrant or an inspection pursuant to a warrant for the administrative inspection;
(b) The property is subject to seizure pursuant to a specific statute and is the subject of a prior final judgment in favor of the state in a criminal proceeding for forfeiture or in favor of the state, a subdivision thereof or a law enforcement agency in a civil proceeding for forfeiture.
(c) The law enforcement agency has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(d) Except as limited by NRS 200.760, the law enforcement agency has probable cause to believe that the property was used or was intended to be used in a manner that would cause the property to be subject to forfeiture.
Sec. 4. Property seized pursuant to section 3 of this act is in the custody of the law enforcement agency subject only to the order of the court that has jurisdiction over the proceedings for forfeiture. A law enforcement agency that has seized property without process shall promptly begin the proceedings for forfeiture.
κ1985 Statutes of Nevada, Page 1467 (CHAPTER 478, SB 376)κ
enforcement agency that has seized property without process shall promptly begin the proceedings for forfeiture. Proceedings for forfeiture take precedence over any other civil action. The property is subject to an action to claim its delivery only if the law enforcement agency does not file the complaint for forfeiture within 60 days after the property is seized. If a complaint for forfeiture is filed following the filing of an action claiming delivery, the complaint must be treated as a counterclaim.
Sec. 5. 1. After property has been seized the agency may:
(a) Place the property under seal;
(b) Remove the property to a place designated for the storage of that type of property; or
(c) Remove the property to an appropriate place for disposition if the disposal is authorized by a specific statute.
2. When a court declares property to be forfeited, the law enforcement agency having custody of the property may:
(a) Retain it for official use;
(b) Sell any of it which is neither required by law to be destroyed nor harmful to the public; or
(c) Remove it for disposition in accordance with the applicable provisions of NRS.
Sec. 6. The proceeds from any sale or retention of property pursuant to the provisions of subsection 2 of section 5 of this act, and any cash seized and subsequently declared forfeited pursuant to that subsection, must be used to pay the proper expenses of the proceeding for forfeiture and resulting sale, including the expense of effecting the seizure, maintenance of custody, advertising and court costs. Any balance remaining must be deposited as follows:
1. If one agency seized the property, in the general fund of the governing body which controls the agency.
2. If the agency is a metropolitan police department, in the countys general fund and credited to the general funds of the other participating entities in the same proportion as other money is distributed among the participating entities.
3. If more than one agency was substantially involved in the seizure, in an equitable manner to be directed by the court hearing the proceeding for forfeiture.
4. If the property was seized pursuant to NRS 179.121, in the state treasury for credit to the fund for the compensation of victims of crime.
5. If the property was seized pursuant to NRS 200.760, in the state treasury for credit to the fund for the compensation of victims of crime to be used for the counseling and the medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710, 200.720, 200.730 or 201.230.
Sec. 7. If a vehicle is forfeited of a kind which is subject to the provisions of chapter 482 of NRS governing certificates of ownership, the department of motor vehicles shall issue a certificate of title for the vehicle to:
κ1985 Statutes of Nevada, Page 1468 (CHAPTER 478, SB 376)κ
1. The governing body or the agency to whom the title was awarded by the court if the vehicle is retained for official use; or
2. The purchaser if the vehicle is sold by the governing body or the agency that seized the vehicle.
Sec. 8. Any agency that receives forfeited property or the proceeds of a sale of such property pursuant to the provisions contained in sections 2 to 7, inclusive, of this act, shall file a quarterly report of the approximate value of the property and the amount of the proceeds with the entity that controls the budget of the agency. Anticipated revenue from forfeitures must not be considered in the preparation of the budget of a law enforcement agency.
Sec. 9. In a proceeding brought pursuant to NRS 179.121, 200.760, subsection 2 of NRS 205.225, 207.350 to 207.520, inclusive, 453.301 and sections 2 to 8, inclusive, of this act:
1. The rule of law that forfeitures are not favored does not apply.
2. The person claiming the property must establish his right to that property by a preponderance of the evidence.
3. Except as provided in NRS 207.350 to 207.520, inclusive, the proceeding must be brought in the district court having territorial jurisdiction over the property.
Sec. 10. NRS 31.840 is hereby amended to read as follows:
31.840 [The] Except as provided in sections 2 to 9, inclusive, of this act, the plaintiff in an action to recover the possession of personal property may, at the time of issuing the summons, or at any time before answer, claim the delivery of such property to him as provided in this chapter.
Sec. 11. NRS 200.760 is hereby amended to read as follows:
200.760 [1.] All assets derived from or relating to any violation of NRS 200.366, 200.710, 200.720, 200.730 or 201.230 are subject to forfeiture. A proceeding for their forfeiture may be brought and maintained in any court where jurisdiction over the money or property to be forfeited can be obtained.
[2. Any money recovered from a forfeiture of assets pursuant to subsection 1 must be deposited in the fund for the compensation of victims of crime to be used for the counseling and medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710, 200.720, 200.730 or 201.230.]
Sec. 12. NRS 212.010 is hereby amended to read as follows:
212.010 1. Every person sentenced to imprisonment in any penal institution [shall be] is under the protection of the law, and any unauthorized injury to his person shall be punished in the same manner as if he were not so convicted or sentenced.
2. A conviction of crime [shall] does not work a forfeiture of any property, real or personal, or of any right or interest therein [.] unless otherwise specifically authorized by statute. All forfeitures in the nature of deodands, or in case of suicide or where a person flees from justice, are abolished.
Sec. 13. NRS 179.123, 453.306 and 453.308 are hereby repealed.
κ1985 Statutes of Nevada, Page 1469 (CHAPTER 478, SB 376)κ
Sec. 14. Section 11 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
Senate Bill No. 62Senator Horn
CHAPTER 479
AN ACT relating to blood; extending the immunity from liability of persons involved in the procurement, processing, distribution or use of blood for the purpose of injection or transfusion into the human body; and providing other matters properly relating thereto.
[Approved June 4, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 460.010 is hereby amended to read as follows:
460.010 The procurement, processing, distribution or use of whole human blood, plasma, blood products and blood derivatives for the purpose of injection or transfusion into the human body constitutes, as to the transmission of [serum hepatitis,] infectious disease, the rendition of a service and not a sale by every person participating therein, and no implied warranty of merchantability or fitness, nor any doctrine of liability other than negligence or willful misconduct, [shall apply] applies to such service.
________
Senate Bill No. 211Senators Robinson, Redelsperger, Mello and Horn
CHAPTER 480
AN ACT relating to civil liability; limiting liability for the manufacture of firearms and ammunition; and providing other matters properly relating thereto.
[Approved June 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
1. No person has a cause of action against the manufacturer or distributor of any firearm or ammunition merely because the firearm or ammunition was capable of causing serious injury, damage or death, was discharged and proximately caused serious injury, damage or death. This subsection is declaratory and not in derogation of the common law.
2 This section does not affect a cause of action based upon a defect in design or production. The capability of a firearm or ammunition to cause serious injury, damage or death when discharged does not make the product defective in design.
κ1985 Statutes of Nevada, Page 1470 (CHAPTER 480, SB 211)κ
cause serious injury, damage or death when discharged does not make the product defective in design.
________
Assembly Bill No. 591Assemblymen Dini, Jeffrey, Thompson, Stone, Schofield, Nevin, Rader, Arberry, Banner, Beyer and Malone
CHAPTER 481
AN ACT relating to drivers licenses; authorizing persons born outside the United States to prove his age by a drivers license issued by another state; and providing other matters properly relating thereto.
[Approved June 3, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 483.290 is hereby amended to read as follows:
483.290 1. Every application for an instruction permit or for a drivers license [shall be made] must:
(a) Be made upon a form furnished by the department . [and shall be verified]
(b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the department are hereby authorized to administer such oaths without charge.
[2. Every application shall be accompanied]
(c) Be accompanied by the required fee.
[3. Every application shall state]
(d) State the full name, date of birth, sex, and residence address of the applicant and briefly describe the applicant . [; and shall state]
(e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation or refusal . [, and]
(f) Include such other information as the department may require to determine the applicants competency and eligibility.
[4.] 2. Every applicant shall furnish proof of his age by displaying:
(a) If the applicant was born in the United States, a birth certificate, baptismal certificate or other proof acceptable to the department, including, but not limited to, a drivers license issued by another state or the District of Columbia; or
(b) If the applicant was born outside the United States, a Certificate of Citizenship, Certificate of Naturalization, Arrival-Departure Record, Alien Registration Receipt Card, United States Citizen Identification Card or Letter of Authorization issued by the Immigration and Naturalization Service of the United States Department of Justice, a Report of Birth Abroad of a United States Citizen Child issued by the Department of State, a drivers license issued by another state or the District of Columbia, or a passport.
κ1985 Statutes of Nevada, Page 1471 (CHAPTER 481, AB 591)κ
of State, a drivers license issued by another state or the District of Columbia, or a passport.
________
Assembly Bill No. 211Assemblymen Humke, Swain, Zimmer, Kerns, Roberts and Stone
CHAPTER 482
AN ACT relating to the care of children; changing the composition of the board for child care; authorizing the board to waive compliance with regulations by certain child care facilities; extending the authorization for a provisional license for a facility; requiring investigation of the criminal record of any person who owns, operates or is employed by a facility; and providing other matters properly relating thereto.
[Approved June 4, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 432 A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Every applicant, licensee and employee of an applicant or licensee, and every resident of a child care facility who is 18 years of age or older, shall submit to the bureau a:
(a) Complete set of fingerprints and a written authorization for the bureau to forward the fingerprints to the Federal Bureau of Investigation for its report; and
(b) Written statement detailing any prior criminal convictions,
to enable the bureau to conduct an investigation pursuant to NRS 432A.170.
2. If an employee of an applicant or licensee, or such a resident, has been convicted of any crime listed in subsection 2 of NRS 432A.170, the bureau shall immediately notify the applicant or licensee.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 432A.020 is hereby amended to read as follows:
432A.020 For purposes of this chapter:
1. Board means the board for child care.
2. Bureau means the [child care services] bureau of services for child care of the youth services division [in] of the department.
3. Chief means the chief of the bureau.
4. Child care facility means an establishment operated and maintained for the purpose of furnishing care on a temporary or permanent basis, during the day or overnight, for compensation, to five or more children under 18 years of age. Child care facility does not include:
(a) The home of a natural parent or guardian, foster home as defined in chapter 424 of NRS or maternity home; or
(b) A home in which the only children received, cared for and maintained are related within the third degree of consanguinity or affinity by blood, adoption or marriage to the person operating the facility.
5. Department means the department of human resources.
6. Director means the director of the department.
κ1985 Statutes of Nevada, Page 1472 (CHAPTER 482, AB 211)κ
Sec. 5. NRS 432A.071 is hereby amended to read as follows:
432A.071 1. The board for child care is hereby created.
2. The board consists of [three] five members appointed by the administrator of the youth services division of the department with the concurrence of the director.
Sec. 6. NRS 432A.073 is hereby amended to read as follows:
432A.073 1. Of the members of the board appointed [:
(a) One member must be licensed] one member must be:
(a) Licensed to practice a profession in the field of health care [;
(b) One member may be selected] and selected from a list of nominees submitted by an organization which represents persons who are licensed to practice a healing art;
(b) Selected from a list of nominees submitted by an organization which represents [consumers or educators; and
(c) One member may be selected from a list of nominees submitted by an organization which represents persons who provide child care services.] educators whose specialty is early childhood;
(c) Selected to represent facilities which are licensed to provide care for less than 13 children;
(d) Selected to represent facilities which are licensed to provide care for 13 or more children; and
(e) Selected to represent persons who use the services of such facilities.
2. All members must be selected on the basis of their experience and interest in child care services or programs.
3. Members of the board serve at the pleasure of the administrator, but no appointment may extend beyond 3 years from the date of expiration of the preceding appointment.
Sec. 7. NRS 432A.077 is hereby amended to read as follows:
432A.077 1. The board shall adopt:
(a) Licensing standards for child care facilities.
(b) Such other regulations as it deems necessary or convenient to carry out the provisions of this chapter.
2. The board shall require that the practices and policies of each child care facility provide adequately for the protection of the health and safety and the physical, moral and mental well-being of each child accommodated in the facility.
3. If the board finds that the practices and policies of a child care facility are substantially equivalent to those required by the board in its regulations, it may waive compliance with a particular standard or other regulation by that facility.
Sec. 8. NRS 432A.131 is hereby amended to read as follows:
432A.131 1. [Except as otherwise provided in subsection 2, the bureau is the sole agency with authority to license child care facilities.
2.] Child care facilities in any county or incorporated city where the governing body has established [a child care licensing agency] an agency for the licensing of child care facilities and enacted an ordinance requiring that child care facilities be licensed by the county or city need not be licensed by the bureau.
κ1985 Statutes of Nevada, Page 1473 (CHAPTER 482, AB 211)κ
agency for the licensing of child care facilities and enacted an ordinance requiring that child care facilities be licensed by the county or city need not be licensed by the bureau. [Such a] The governing body may require the licensing of the child care facilities which provide care for fewer than five children. The licensing agency shall adopt such standards and other regulations as may be necessary for the licensing of child care facilities, and the standards and regulations:
(a) Must be not less restrictive than those adopted by the bureau [.] ; and
(b) Take effect only upon their approval by the bureau.
2. An agency for the licensing of child care facilities established by a city or county may waive compliance with a particular standard or other regulation by a child care facility if:
(a) The agency finds that the practices and policies of that facility are substantially equivalent to those required by the agency in its standards and other regulations; and
(b) The waiver does not allow a practice which violates a regulation adopted by the bureau.
Sec. 9. NRS 432A.160 is hereby amended to read as follows:
432A.160 1. The bureau may issue a provisional license, effective for a period not exceeding 1 year, to a child care facility which:
(a) Is in operation at the time of adoption of standards and other regulations pursuant to the provisions of this chapter, if the [division] bureau determines that the facility requires a reasonable time under the particular circumstances, not to exceed 1 year from the date of the adoption, within which to comply with the standards and other regulations; [or]
(b) Has failed to comply with the standards and other regulations, if the bureau determines that the facility is in the process of making the necessary changes or has agreed to effect the changes within a reasonable time [.] ; or
(c) Is in the process of applying for a license, if the bureau determines that the facility requires a reasonable time within which to comply with the standards and other regulations.
2. The provisions of subsection 1 do not require the issuance of a license or prevent the bureau from refusing to renew or from revoking or suspending any license in any instance where the bureau [deems such] considers that action necessary for the health and safety of the occupants of any facility.
Sec. 10. NRS 432A.170 is hereby amended to read as follows:
432A.170 1. The bureau may [:
1. Upon receipt of an application for a license, conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies and purposes of any person proposing to engage in the operation of a child care facility. The facility is subject to inspection and approval as to fire safety standards, on behalf of the bureau, by the state fire marshal or his designate.
2. Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of this chapter.]
κ1985 Statutes of Nevada, Page 1474 (CHAPTER 482, AB 211)κ
deems necessary to carry out the provisions of this chapter.] , upon receipt of an application for a license to operate a child care facility, conduct an investigation into the:
(a) Buildings or premises of the facility;
(b) Qualifications and background of the applicant or his employees;
(c) Method of operation for the facility; and
(d) Policies and purposes of the applicant.
2. The bureau shall secure from appropriate law enforcement agencies information on the background and personal history of every applicant, licensee or employee of an applicant or licensee, or every resident of a child care facility who is 18 years of age or older, to determine whether he has been convicted of:
(a) Murder, voluntary manslaughter or mayhem;
(b) Any other felony involving the use of a firearm or other deadly weapon;
(c) Assault with intent to kill or to commit sexual assault or mayhem;
(d) Sexual assault, statutory sexual seduction, incest, lewdness or indecent exposure or any other sexually related crime;
(e) Abuse or neglect of a child or contributory delinquency; or
(f) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance as defined in chapter 453 of NRS or dangerous drug as defined in chapter 454 of NRS.
3. The bureau may charge each person investigated pursuant to this section for the reasonable cost of that investigation.
Sec. 11. NRS 432A.180 is hereby amended to read as follows:
432A.180 1. Any [duly] authorized member or employee of the bureau may enter and inspect any building or premises of a child care facility at any time to secure compliance with or prevent a violation of any provision of this chapter.
2. The state fire marshal or his designate may enter and inspect any building or premises of a child care facility, on behalf of the bureau, to secure compliance with standards for safety from fire.
3. The state health officer or his designate shall enter and inspect at least annually, every building or premises of a child care facility, on behalf of the bureau, to secure compliance with standards for health and sanitation.
Sec. 12. NRS 432A.190 is hereby amended to read as follows:
432A.190 The bureau may deny an application for a license or may suspend or revoke any license issued under the provisions of this chapter upon any of the following grounds:
1. Violation by the applicant or [the] licensee or an employee of the applicant or licensee of any of the provisions of this chapter or of any other law of this state or of the standards and other regulations adopted thereunder.
2. Aiding, abetting or permitting the commission of any illegal act.
3. Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
κ1985 Statutes of Nevada, Page 1475 (CHAPTER 482, AB 211)κ
4. Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.
5. Conviction of any crime listed in subsection 2 of NRS 432A.170 committed by the applicant or licensee or an employee of the applicant or licensee or by a resident of the child care facility who is 18 years of age or older.
Sec. 13. NRS 232.420 is hereby amended to read as follows:
232.420 The youth services division in the department consists of an administrator and the following bureaus:
1. Nevada youth training center bureau.
2. Nevada girls training center bureau.
3. Northern Nevada childrens home bureau.
4. Southern Nevada childrens home bureau.
5. [Child care services bureau.] Bureau of services for child care.
6. Youth parole bureau.
Sec. 14. NRS 232.440 is hereby amended to read as follows:
232.440 1. The administrator shall appoint, with the approval of the director, a chief of each of the bureaus in the division. The chiefs are designated respectively as:
(a) The superintendent of the Nevada youth training center;
(b) The superintendent of the Nevada girls training center;
(c) The superintendent of the northern Nevada childrens home;
(d) The superintendent of the southern Nevada childrens home;
(e) The chief of the [child care services bureau; and] bureau of services for child care; and
(f) The chief of the youth parole bureau.
2. The administrator is responsible for the administration, through the bureaus of the division, of the provisions of chapters 210 and 423 of NRS and NRS 232.400 to 232.500, inclusive, and all other provisions of law relating to the functions of the bureaus of the division but is not responsible for the professional line activities of the bureaus except as specifically provided by law.
________
Assembly Bill No. 655Assemblyman Stone (by request)
CHAPTER 483
AN ACT relating to the control of gaming; providing a procedure to allow a corporation organized under the laws of another country whose stock is on a foreign securities exchange to register with the Nevada gaming commission as a publicly traded corporation; and providing other matters properly relating thereto.
[Approved June 4, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
κ1985 Statutes of Nevada, Page 1476 (CHAPTER 483, AB 655)κ
Sec. 2. 1. A corporation or other legal entity which is organized under the laws of another country and seeks to register with the commission as a publicly traded corporation must submit an application to the board.
2. The application must provide the board with information showing that the applicants business activities are regulated by a governmental authority of the foreign country in a manner which will prevent those activities from posing any threat to the control of gaming in this state.
3. The board may conduct an investigation of the applicant and the governmental authority responsible for regulation of the applicant. The board shall require the applicant to pay the boards anticipated expenses for such an investigation, and may, after completing such an investigation, charge the applicant any amount necessary to cover an underpayment of the actual expenses.
Sec. 3. In determining whether to recommend that the commission approve such an application, the board may consider, in addition to all other requirements of this chapter:
1. Whether the governmental authority in the foreign country has an effective system to regulate the applicant and the relations between the investing public and the applicant and other corporations listed on the exchange;
2. Whether the system includes:
(a) A requirement that the listed corporations make full disclosure of information to the investing public;
(b) A requirement that the listed corporations file periodic reports with the governmental authority;
(c) A method to prevent any manipulation of the prices of securities or any employment of deceptive or misleading devices; and
(d) A restriction on margins to prevent any excessive use of credit for the purchase or carrying of securities listed on the exchange;
3. The availability of means by which the board and commission may obtain adequate information from the governmental authority in the foreign country concerning the applicants activities; and
4. Such other matters as the board finds it necessary to consider in order to protect regulated gaming in Nevada.
The board may reject any such application without a hearing.
Sec. 4. NRS 463.482 is hereby amended to read as follows:
463.482 As used in NRS 463.160 to 463.170, inclusive, 463.386 and 463.482 to 463.645, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 463.4825 to 463.488, inclusive, have the meanings ascribed to them in those section.
Sec. 5. NRS 463.487 is hereby amended to read as follows:
463.487 Publicly traded corporation means [any] :
1. Any corporation or other legal entity except a natural person which:
[1.] (a) Has one or more classes of securities registered pursuant to section 12 of the Securities Exchange Act of 1934, as amended (15 U.S.C.
κ1985 Statutes of Nevada, Page 1477 (CHAPTER 483, AB 655)κ
section 12 of the Securities Exchange Act of 1934, as amended (15 U.S.C. § 781); or
[2.] (b) Is an issuer subject to section 15(d) of the Securities Exchange Act of 1934, as amended (15 .U.S.C. § [781).] 780); or
2. Any corporation or other legal entity created under the laws of a foreign country:
(a) Which has one or more classes of securities registered on that countrys securities exchange or over-the-counter market; and
(b) Whose activities have been found by the commission to be regulated in a manner which protects the investors and the State of Nevada.
Sec. 6. NRS 463.625 is hereby amended to read as follows:
463.625 The commission may exempt a publicly traded corporation from compliance with:
1. The provisions of subsection 4 of NRS 463.510.
2. Some or all of the provisions of NRS 463.585 to 463.615, inclusive. To the extent of such an exemption, [such] the corporation shall comply instead with the provisions of NRS 463.635 to 463.645, inclusive [.] , except as otherwise ordered by the commission.
Sec. 7. NRS 463.639 is hereby amended to read as follows:
463.639 [After] 1. Except as provided in subsection 2, after the publicly traded corporation has registered pursuant to this chapter, and while the subsidiary holds a gaming license, the publicly traded corporation shall:
[1.] (a) Report promptly to the commission in writing any change in its officers, directors or employees who are actively and directly engaged in the administration or supervision of the gaming activities of the corporate or limited partnership gaming licensee.
[2.] (b) Each year furnish to the commission a profit and loss statement and a balance sheet of the publicly traded corporation as of the end of the year, and, upon request of the commission therefor, a copy of the publicly traded corporations federal income tax return within 30 days after the return is filed with the Federal Government. All profit and loss statements and balance sheets [shall] must be submitted within 120 days after the close of the fiscal year to which they relate, and may be those filed by the publicly traded corporation with or furnished by it to the Securities and Exchange Commission.
[3.] (c) Mail to the commission a copy of any statement, or amendment thereto, received from a stockholder or group of stockholders pursuant to section 13(d) of the Securities Exchange Act of 1934, as amended, within 10 days after receiving the statement or amendment thereto, and report promptly to the commission in writing any changes in ownership of record of its equity securities which indicate that any person has become the owner of record of more than 10 percent of its outstanding equity securities of any class.
[4.] (d) Upon request of the commission, furnish to it a copy of any document filed by the publicly traded corporation with the Securities and Exchange Commission or with any national or regional securities exchange, including documents considered to be confidential in nature, or any document furnished by it to any of its equity security holders of any class.
κ1985 Statutes of Nevada, Page 1478 (CHAPTER 483, AB 655)κ
or any document furnished by it to any of its equity security holders of any class.
2. A publicly traded corporation which was created under the laws of a foreign country shall, instead of complying with subsection 1:
(a) Each year furnish to the commission a profit and loss statement and a balance sheet of the publicly traded corporation as of the end of the year, and, upon request of the commission therefor, a copy of the publicly traded corporations federal income tax return within 30 days after the return is filed with the Federal Government. All profit and loss statements and balance sheets must be submitted within 120 days after the close of the fiscal year to which they relate, and may be those filed by the publicly traded corporation with or furnished by it to the foreign governmental agency that regulates the sale of its securities.
(b) Mail to the commission a copy of any statement, or amendment thereto, received from a stockholder or group of stockholders pursuant to law, within 10 days after receiving the statement or amendment thereto, and report promptly to the commission in writing any changes in ownership of record of its equity securities which indicate that any person has become the owner of record of more than 10 percent of its outstanding equity securities of any class.
(c) Upon request of the commission, furnish to it a copy of any document filed by the publicly traded corporation with the foreign governmental agency that regulates the sale of its securities or with any national or regional securities exchange, including documents considered to be confidential in nature, or any document furnished by it to any of its equity security holders of any class.
Sec. 8. NRS 463.643 is hereby amended to read as follows:
463.643 1. Each person who acquires, directly or indirectly, beneficial ownership of any voting security in a publicly traded corporation which is registered with the commission may be required to be found suitable if the commission has reason to believe that his acquisition of such ownership would otherwise be inconsistent with the declared policy of this state.
2. Each person who, individually or in association with others, acquires, directly or indirectly, beneficial ownership of more than 5 percent of any class of voting securities of a publicly traded corporation registered with the commission, and who is required to report such acquisition to the Securities Exchange Commission pursuant to section 13(d)(1) or section 16(a) of the Securities Exchange Act of 1934, as amended (15 U.S.C. §§ 78m(d)(1) and 78p(a) respectively), shall file a copy of that report, and any amendments thereto, with the commission within 10 days after filing that report with the Securities Exchange Commission.
3. Each person who, individually or in association with others, acquires, directly or indirectly, the beneficial ownership of more than 10 percent of any class of voting securities of a publicly traded corporation registered with the commission, and who is required to report the acquisition pursuant to section 13(d)(1) or section 16(a) of the federal Securities Exchange Act of 1934, as amended (15 U.S.C.
κ1985 Statutes of Nevada, Page 1479 (CHAPTER 483, AB 655)κ
Securities Exchange Act of 1934, as amended (15 U.S.C. §§ 78m(d)(1) and 78p(a) respectively), must be found suitable by the commission.
4. A person who acquires beneficial ownership of any voting security in a publicly traded corporation created under the laws of a foreign country which is registered with the commission shall file such reports and is subject to such a finding of suitability as the commission may prescribe.
5. Any person required by the commission or by this section to be found suitable shall:
(a) Apply for a finding of suitability within 30 days after the commission requests that he do so; and
(b) Together with the application, deposit with the board a sum of money which, in the opinion of the board, will be adequate to pay the anticipated costs and charges incurred in the investigation and processing of the application, and deposit such additional sums as are required by the board to pay final costs and charges.
[5.] 6. Any person required by the commission or this section to be found suitable who is found unsuitable by the commission shall not hold directly or indirectly the beneficial ownership of any voting security of a publicly traded corporation which is registered with the commission beyond that period of time prescribed by the commission.
[6.] 7. The violation of subsection [4 or] 5 or 6 is a gross misdemeanor.
Sec. 9. This act becomes effective upon passage and approval.
________
Assembly Bill No. 98Committee on Commerce
CHAPTER 484
AN ACT relating to deceptive trade practices; authorizing the attorney general to bring civil and criminal actions to enforce the provisions which prohibit such practices; providing penalties; and providing other matters properly relating thereto.
[Approved June 4, 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 set forth as sections 2 and 3 of this act.
Sec. 2. 1. Whenever the attorney general is requested in writing by the commissioner or the director to represent him in instituting a legal proceeding against a person who has engaged or is engaging in a deceptive trade practice, the attorney general may bring an action in the name of the State of Nevada against that person on behalf of the commissioner or director.
2. The attorney general may institute criminal proceedings to enforce the provisions of NRS 598.360 to 598.640, inclusive.
κ1985 Statutes of Nevada, Page 1480 (CHAPTER 484, AB 98)κ
enforce the provisions of NRS 598.360 to 598.640, inclusive. The attorney general is not required to obtain leave of the court before instituting criminal proceedings pursuant to this subsection.
3. If the attorney general has reason to believe that a person has engaged or is engaging in a deceptive trade practice, the attorney general may give written notice to the commissioner or director that the attorney general will institute a legal proceeding pursuant to this subsection if appropriate action is not taken within 30 days. If, within 30 days after the commissioner or director receives the notice, no action, administrative proceeding or other disposition is completed, and the attorney general has not been requested in writing to institute a legal proceeding on behalf of the commissioner or director, the attorney general may bring an action in the name of the State of Nevada against that person to obtain a temporary restraining order, a preliminary or permanent injunction, or other appropriate relief.
Sec. 3. 1. Within the limits of legislative appropriation and the availability of personnel, the commissioner or director shall provide investigative assistance, including the identification and use of relevant evidence in his possession, necessary for litigation referred to the attorney general pursuant to NRS 598.540 or section 2 of this act. The attorney general shall provide legal advice and guidance to the commissioner or director in carrying out his powers and duties pursuant to NRS 598.360 to 598.640, inclusive, including the investigation of any alleged violation of those sections and the preparation for litigation.
2. Upon written request by the attorney general, the commissioner or director may provide any investigative assistance, including evidence and information in his possession, for use in any action brought by the attorney general pursuant to subsection 3 of section 2 of this act. No request for assistance may be unreasonable denied.
Sec. 4. NRS 598.360 is hereby amended to read as follows:
598.360 As used in NRS 598.360 to 598.640, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 598.370 to 598.480, inclusive, have the meanings ascribed to them in those sections.
Sec. 5. NRS 598.540 is hereby amended to read as follows:
598.540 1. Notwithstanding the requirement of knowledge as an element of any practice enumerated in NRS 598.410 as a deceptive trade practice, when the commissioner or director has cause to believe that a person has engaged or is engaging in any of the practices enumerated in NRS 598.410, knowingly or otherwise, he may [apply] request in writing that the attorney general represent him in instituting an appropriate legal proceeding, including, without limitation, an application for an injunction or temporary restraining order, as provided in N.R.C.P. 65, prohibiting the person from continuing such practices. The court may make orders or judgments necessary to prevent the use by the person of any such deceptive trade practice or to restore to any other person any money or property which may have been acquired by the deceptive trade [practices.] practice.
κ1985 Statutes of Nevada, Page 1481 (CHAPTER 484, AB 98)κ
2. Where the commissioner or director has the authority to institute a civil action or other proceeding, in lieu thereof or as a part thereof, he may accept an assurance of discontinuance of any deceptive trade practice. This assurance may include a stipulation for the voluntary payment by the alleged violator of the costs of investigation and the costs of instituting the action or proceeding and for the voluntary restitution of any money or property acquired by any deceptive trade [practices.] practice. Except as provided in this subsection, any assurance of discontinuance accepted by the commissioner or director and any stipulation filed with the court is confidential to the parties to the action or proceeding and to the court and its employees. Upon final judgment by the court that an injunction or a temporary restraining order, issued as provided in subsection 1 of this section, has been violated, an assurance of discontinuance has been violated or a person has engaged in the same deceptive trade practice as had previously been enjoined, the assurance of discontinuance or stipulation becomes a public record. Proof by a preponderance of evidence of a violation of an assurance constitutes prima facie evidence of a deceptive trade practice for the purpose of any civil action or proceeding brought thereafter by the commissioner or director, whether a new action or a subsequent motion or petition in any pending action or proceeding.
Sec. 6. NRS 598.550 is hereby amended to read as follows:
598.550 1. NRS 598.360 to 598.640, inclusive, do not prohibit the commissioner or director from disclosing to the attorney general, any district attorney or any law enforcement officer the fact that a crime has been committed by any person, if this fact has become known as a result of any investigation conducted pursuant to the provisions of NRS 598.360 to 598.640, inclusive.
2. Subject to the provisions of subsection 2 of NRS 598.540, the commissioner or director may not make public the name of any person alleged to have committed a deceptive trade practice. This subsection does not prevent the commissioner or director from issuing public statements describing or warning of any course of conduct which constitutes a deceptive trade practice.
Sec. 7. NRS 598.560 is hereby amended to read as follows:
598.560 1. Before instituting any action pursuant to NRS 598.570 to 598.630, inclusive, the district attorney shall ascertain whether or not the action in question is subject to the regulatory authority of any state agency, board, official or other authority established by virtue of the Nevada Revised Statutes except the regulatory or administrative authority provided to the commissioner , [or] director or attorney general by NRS 598.360 to 598.640, inclusive [.] , and sections 2 and 3 of this act.
2. If the action is subject to such regulatory authority or any regulation adopted or any statutes administered by any state regulatory agency, board, official or other authority as provided in subsection 1, the district attorney shall not institute any proceeding under NRS 598.570 to 598.630, inclusive, until the state agency, board, official or other state regulatory authority has had reasonable time to investigate or take any appropriate action with respect to the alleged facts.
κ1985 Statutes of Nevada, Page 1482 (CHAPTER 484, AB 98)κ
598.570 to 598.630, inclusive, until the state agency, board, official or other state regulatory authority has had reasonable time to investigate or take any appropriate action with respect to the alleged facts.
3. For the purposes of this section, a reasonable time has elapsed if no final action or other disposition is made of any matter otherwise falling within the provisions of NRS 598.360 to 598.640, inclusive, within 30 days after the matter is referred to or brought to the attention of any state agency, board, official or other regulatory authority except the commissioner [or director.] , director or attorney general.
4. This section does not prohibit the district attorney of any county from filing an action pursuant to the provisions of NRS 598.570 to 598.600, inclusive, if the referral of any matters subject to the provisions of NRS 598.360 to 598.640, inclusive, to any state agency, board, official or other regulatory authority would cause immediate harm to the public of this state or endanger the public health, safety or welfare, and such facts are shown by affidavit or by verified complaint.
Sec. 8. NRS 598.590 is hereby amended to read as follows:
598.590 Any action brought pursuant to NRS 598.540 [or 598.570] to 598.600, inclusive, or section 2 of this act may be brought:
1. In a district court in the county in which the defendant resides or has his principal place of business;
2. In the district court in Carson City if the parties consent thereto; or
3. In the district court in any county where a deceptive trade practice has occurred.
Any court in which an action is brought pursuant to [NRS 598.540 or 598.570] those sections may issue any temporary or permanent injunction in accordance with the Nevada Rules of Civil Procedure to restrain and prevent any violation of any provisions of NRS 598.360 to 598.640, inclusive, and such injunctions [shall] must be issued without bond.
Sec. 9. NRS 598.600 is hereby amended to read as follows:
598.600 Whenever the district attorney or the attorney general has reason to believe that the delay caused by complying with the notice requirement of NRS 598.580 or the requirements of subsection 3 of section 2 of this act would cause immediate harm to the public of this state or endanger the public welfare, he may immediately institute [a suit] an action for injunctive relief, including a request for a temporary restraining order, upon proof of specific facts shown by affidavit or by verified complaint or otherwise that such immediate harm will be or is likely to be caused by [such] the delay. The attorney general shall give written notice of the filing by him of such an action to the commissioner or director. The Nevada Rules of Civil Procedure pertaining to the issuance of temporary restraining orders govern all actions instituted pursuant to this section.
Sec. 10. NRS 598.620 is hereby amended to read as follows:
598.620 1. In proceeding pursuant to NRS 598.580 to 598.620, inclusive, or subsection 3 of section 2 of this act, the district attorney or attorney general may accept an assurance of discontinuance with respect to any method, act or practice deemed to be a deceptive trade practice [enumerated in NRS 598.410] from any person who is engaged or is about to engage in such a method, act or practice by following the procedures set forth in subsection 2 of NRS 598.540.
κ1985 Statutes of Nevada, Page 1483 (CHAPTER 484, AB 98)κ
respect to any method, act or practice deemed to be a deceptive trade practice [enumerated in NRS 598.410] from any person who is engaged or is about to engage in such a method, act or practice by following the procedures set forth in subsection 2 of NRS 598.540.
2. Any assurance made pursuant to subsection 1 [shall] must be in writing and [shall] must be filed with and subject to the approval of the district court in the county in which the alleged violator resides or has his principal place of business, or the district court in any county where any deceptive trade practice has occurred or is about to occur or the district court agreed to by the parties.
3. An assurance of discontinuance made pursuant to subsections 1 and 2 [shall not be considered] is not an admission of violation for any purpose, but is subject to the terms, limitations, and conditions of NRS 598.540.
Sec. 11. NRS 598.640 is hereby amended to read as follows:
598.640 1. Any person who violates any court order or injunction issued pursuant to NRS 598.360 to 598.630, inclusive, upon a complaint brought by the commissioner, the director , [or] the district attorney of any county of this state or the attorney general shall forfeit and pay to the state general fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing any such order or injunction [shall retain] retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.360 to 598.630, inclusive.
2. In any action brought pursuant to NRS 598.540 [and NRS 598.570] to 598.600, inclusive, and section 2 of this act, if the court finds that any person has willfully engaged in a deceptive trade practice , [enumerated in NRS 598.410,] the commissioner, the director , [or] the district attorney of any county in this state or the attorney general bringing [such] the action may recover a civil penalty not to exceed $2,500 for each violation.
3. Any natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice : [enumerated in NRS 598.410 shall be punished:]
(a) For the first [or second offense, for] offense, is guilty of a misdemeanor.
(b) For the [third offense and all subsequent offenses, for] second offense, is guilty of a gross misdemeanor.
(c) For the third and all subsequent offenses, 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.
4. As used in this section the term violation includes a repetitive or continuous violation arising out of the same act.
________
κ1985 Statutes of Nevada, Page 1484κ
Senate Bill No. 400Committee on Taxation
CHAPTER 485
AN ACT relating to local improvements; authorizing a local government to levy a special assessment for public mass transportation; authorizing a local government to issue bonds payable solely from special assessments for certain purposes; and providing other matters properly relating thereto.
[Approved June 4, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 271 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Transportation project means a project to provide local transportation for public use, and includes works, systems and facilities for transporting persons, rolling stock, equipment, terminals, stations, platforms and other facilities necessary, useful or desirable for such a project, and all property, easements, rights of way and other rights or interest incidental to the project.
Sec. 3. 1. In each year after a governing body acquires a transportation project, the governing body shall prepare an estimate of expenditures required in the ensuing fiscal year to maintain, operate, improve and repair the project, and deduct from that amount the estimated revenue from the project which will be available to pay such costs.
2. The governing body may levy an assessment against the property which was assessed to acquire the project to provide the money necessary to maintain, operate, improve and repair the project, in the amount estimated pursuant to subsection 1. The assessment must be apportioned in the same manner as the initial assessment. The proceeds of the assessment must be placed in a special fund and used only to maintain, operate, improve and repair the project.
Sec. 4. A governing body may issue bonds to defray the costs of a project which are payable solely from the proceeds of an assessment made hereunder. The provisions of NRS 271.495 and 271.500 do not apply to bonds issued pursuant to this section.
Sec. 5. NRS 271.030 is hereby amended to read as follows:
271.030 Except where the contest otherwise requires, the definitions in NRS 271.035 to 271.250, inclusive, and section 2 of this act govern the construction of this chapter.
Sec. 6. NRS 271.265 is hereby amended to read as follows:
271.265 1. The governing body of a county, city or town, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:
(a) A curb and gutter project;
(b) A drainage project;
κ1985 Statutes of Nevada, Page 1485 (CHAPTER 485, SB 400)κ
(c) An offstreet parking project;
(d) An overpass project;
(e) A park project;
(f) A sanitary sewer project;
(g) A security wall;
(h) A sidewalk project;
(i) A storm sewer project;
(j) A street project;
(k) A transportation project;
(l) An underpass project;
[(l)] (m) A water project; and
[(m)] (n) Any combination of such projects.
2. In addition to the power specified in subsection 1, the governing body of a city having a commission form of government as defined in NRS 267.010, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:
(a) An electrical project;
(b) A telephone project;
(c) A combination of an electrical project and a telephone project;
(d) A combination of an electrical project or a telephone project with any of the projects (or any combination thereof) specified in subsection 1; and
(e) A combination of an electrical project and a telephone project with any of the projects (or any combination thereof) specified in subsection 1.
________
Assembly Bill No. 686Committee on Ways and Means
CHAPTER 486
AN ACT making appropriations for the support of the Tahoe regional planning agency; and providing other matters properly relating thereto.
[Approved June 4, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The following sums are hereby appropriated from the state general fund for the state department of conservation and natural resources for the fiscal years beginning July 1, 1985, and ending June 30, 1986, and beginning July 1, 1986, and ending June 30, 1987.
1985-86 1986-87
For the support of:
Nevada representatives to the Tahoe regional planning agency ...................................................................... $3,500 $3,500
Tahoe regional planning agency..................................... 196,263.................................................................... 150,000
Nevada Tahoe regional planning agency...................... 23,800...................................................................... 23,800
κ1985 Statutes of Nevada, Page 1486 (CHAPTER 486, AB 686)κ
Sec. 2. 1. The sums appropriated in this act must be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work programmed for the two separate fiscal years, 1985-86 and 1986-87 as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration and in accordance with the provisions of the state budget act.
2. Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
Sec. 3. Unencumbered balances of the appropriations made in this act for the fiscal years 1985-86 and 1986-87 must not be committed for expenditure after June 30 of each fiscal year and revert to the state general fund as soon as all payments of money committed have been made.
________
Senate Bill No. 139Committee on Judiciary
CHAPTER 487
AN ACT relating to the secretary of state; transferring some of his records to the state library; adding a fee; allowing him to administer oaths and affirmations; and providing other matters properly relating thereto.
[Approved June 4, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 225 of NRS is hereby amended by adding thereto a new section to read as follows:
The secretary of state and any deputy he designates may administer any oath or affirmation appropriate to the performance of his duties.
Sec. 2. NRS 225.070 is hereby amended to read as follows:
225.070 1. The secretary of state has custody of and shall carefully preserve in the division of archives and records of the state library and archives or in his office:
(a) [The enrolled copy of the constitution of the State of Nevada, except as permitted by subsection 3.
(b) The description of the state seal and other seals of which a description may be required to be deposited in his office.
(c) The proceedings and all papers of the two constitutional conventions held for the purpose of framing a constitution of this state.
κ1985 Statutes of Nevada, Page 1487 (CHAPTER 487, SB 139)κ
(d) The manuscripts containing the enrolled acts and joint resolutions and journals of the legislature of this state and the Territory of Nevada.
(e) The records, papers and documents of Carson County, Utah Territory, and all other books, records and documents which, by the laws of the Territory of Nevada, were required to be deposited and kept in the office of the secretary of the Territory of Nevada.
(f) All the books, records, parchments, maps, registers and papers required to be deposited or kept in his office.
(g)] All deeds and conveyances belonging to the state.
[(h) All official bonds approved by the governor.
(i)] (b) All written contracts to which the state is a party, except those required to be deposited elsewhere.
2. The deeds [, conveyances and official bonds] and conveyances must be recorded in well-bound books, and the original papers [, except as permitted by subsection 3,] must not be permitted to be taken out of the office unless in the possession of the secretary of state or his deputy.
[3. The enrolled copy of the constitution may be displayed within the legislative building when the legislature is in session.]
Sec. 3. NRS 225.080 is hereby amended to read as follows:
225.080 The secretary of state shall:
1. Keep a fair register and also attest all the official acts and proceedings of the governor, and affix the seal of the state, with proper attestations, to all commissions, pardons and other public instruments to which the signature of the governor is required.
2. Lay all papers, minutes and vouchers relative to the official acts and proceedings of the governor before either house of the legislature when required by such house.
3. Keep the official bond of the treasurer, while the bond is in force.
4. Permit all the [books, bonds, deeds, registers, papers] records and transactions of his office to be open at all times to the inspection and examination of any committee of either branch of the legislature.
[4.] 5. Furnish information, in writing, upon any subject relating to the duties of his office to the governor, whenever required.
[5.] 6. Deliver up, in good order and condition, to his successor, all records, books, papers and other things belonging to his office.
[6. Perform all such other duties as may be enjoined upon him by the constitution and laws of this state.]
Sec. 4. NRS 225.140 is hereby amended to read as follows:
225.140 1. In addition to other fees authorized by law, the secretary of state shall charge and collect the following fees:
For a copy of any law, joint resolution, transcript of record, or other paper on file or of record in his office, per page........................................................ $0.50
For certifying to any such copy and use of the state seal, for each impression ............................................................................................................. 5.00
For registering a mark.................................................................................... 25.00 For the delivery of an attested certificate of the record of the registration of a mark................................................... $5.00
κ1985 Statutes of Nevada, Page 1488 (CHAPTER 487, SB 139)κ
For the delivery of an attested certificate of the record of the registration of a mark ........................................................................................................... $5.00
For each passport or other document signed by the governor and attested by the secretary of state..................................................................................... 10.00
For filing power of attorney.......................................................................... 10.00
For a negotiable instrument returned because of insufficient funds... 10.00
2. The secretary of state:
(a) Shall charge a reasonable fee for searching records and documents kept in his office.
(b) May charge or collect any filing or other fees for services rendered by him to the State of Nevada, any local governmental agency or agency of the Federal Government, or any officer thereof in his official capacity or respecting his office or official duties.
(c) May not charge or collect a filing or other fee for:
(1) Attesting extradition papers or executive warrants for other states.
(2) Any commission or appointment issued or made by the governor, either for the use of the state seal or otherwise.
Sec. 5. NRS 233B.040 is hereby amended to read as follows:
233B.040 1. To the extent authorized by the statutes applicable to it, each agency may adopt reasonable regulations to aid it in carrying out the functions assigned to it by law and shall adopt such regulations as are necessary to the proper execution of those functions. If adopted and filed in accordance with the provisions of this chapter, the following regulations have the force of law and must be enforced by all peace officers:
(a) The Nevada Administrative Code; and
(b) Temporary and emergency regulations.
In every instance, the power to adopt regulations to carry out a particular function is limited by the terms of the grant of authority under which the function was assigned.
2. Every regulation adopted by an agency must include:
(a) A citation of the authority pursuant to which it, or any part of it, was adopted; and
(b) The address of the agency and, to the extent not elsewhere provided in the regulation, a brief explanation of the procedures for obtaining clarification of the regulation or relief from the strict application of any of its terms, if the agency is authorized by a specific statute to grant such relief, or otherwise dealing with the agency in connection with the regulation.
3. An agency may adopt by reference in a regulation material published by another authority in book or pamphlet form if:
(a) It files [two copies] one copy of the publication with the secretary of state and one copy with the state librarian, and makes at least one copy available for public inspection with its regulations; and
κ1985 Statutes of Nevada, Page 1489 (CHAPTER 487, SB 139)κ
(b) The reference discloses the source and price for purchase of the publication.
An agency shall not attempt to incorporate any other material in a regulation by reference.
Sec. 6. NRS 233B.0607 is hereby amended to read as follows:
233B.0607 The agency shall at the time of giving the notice deposit one copy of the text of the proposed regulation with the [secretary of state,] state librarian, and keep at least one copy available in its office from the date of the notice to the date of the hearing, for inspection and copying by the public. After [:
1. The director of the legislative counsel bureau has filed the original and a copy of] the final draft or revision of [a permanent regulation; or
2. The agency has filed the original and a copy of the final draft or revision of a temporary regulation,
with the secretary of state, the secretary of state] an adopted regulation is received the state librarian may discard the deposited copy of the proposed regulation.
Sec. 7. NRS 233B.065 is hereby amended to read as follows:
233B.065 1. The legislative counsel shall prescribe the numbering, page size, style and typography of the Nevada Administrative Code. For convenience of reproduction in the code, he may prescribe the same matters in original agency regulations.
2. The legislative counsel shall prepare or cause the superintendent of the state printing and micrographics division of the department of general services to prepare such sets of the Nevada Administrative Code and of supplementary pages as are required from time to time. A set must be provided to and kept respectively:
(a) By the secretary of state as the master copy;
(b) By the [secretary of state] state librarian for public use;
(c) By the attorney general for his use and that of the executive department; and
(d) By the legislative counsel for his use and that of the legislature.
The legislative commission may direct the preparation of additional sets or pages, or both, and specify the places where those sets or parts of sets are to be kept and the uses to be made of them.
3. The legislative counsel shall, without charge, provide:
(a) A complete set of the Nevada Administrative Code, upon request, to each person who is on July 1, 1985, or who becomes after that date a member of the legislature; and
(b) To each legislator who has so acquired the code, the replacement or supplementary pages which are issued during his term of office.
4. Each agency shall reimburse the legislative counsel bureau and the state printing and micrographics division of the department of general services for their respective costs in preparing and keeping current that agencys portion of the Nevada Administrative Code in the number of copies required for official and public use. If additional sets or pages are sold, the legislative commission shall set sale prices sufficient to recover at least the cost of production and distribution of the additional sets or pages.
κ1985 Statutes of Nevada, Page 1490 (CHAPTER 487, SB 139)κ
are sold, the legislative commission shall set sale prices sufficient to recover at least the cost of production and distribution of the additional sets or pages.
Sec. 8. NRS 233B.070 is hereby amended to read as follows:
233B.070 1. A permanent regulation becomes effective upon filing with the secretary of state of the original [and one copy] of the final draft or revision of a regulation by the director of the legislative counsel bureau, except where:
(a) A statute prescribes a specific time when the regulation becomes effective; or
(b) A later date is specified in the regulation.
2. A temporary regulation becomes effective upon filing with the secretary of state of the original [and one copy] of the final draft or revision of a regulation by the agency. The agency shall also file a copy of the temporary regulation with the legislative counsel bureau.
3. The secretary of state shall maintain the original of the final draft or revision of each regulation in a permanent file to be used only for the preparation of official copies . [, and shall maintain a file containing the duplicate copies of the regulations for public inspection together with suitable indexes therefor.]
4. The secretary of state shall file, with the original of each agencys rules of practice, the current statement of the agency concerning the date and results of its most recent review of those rules.
5. Immediately after each permanent or temporary regulation is filed, the agency shall deliver one copy of the final draft or revision, bearing the stamp of the secretary of state indicating that it has been filed, including material adopted by reference which is not already filed with the state librarian, to the state librarian for use by the public.
6. Each agency shall furnish a copy of all or part of that part of the Nevada Administrative Code which contains its regulations, to any person who requests a copy, and may charge a reasonable fee for the copy based on the cost of reproduction if it does not have money appropriated or authorized for that purpose.
[6.] 7. An agency which publishes any regulations included in the Nevada Administrative Code shall use the exact text of the regulation as it appears in the Nevada Administrative Code, including the leadlines and numbers of the sections. Any other material which an agency includes in a publication with its regulations must be presented in a form which clearly distinguishes that material from the regulations.
Sec. 9. Chapter 378 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The state librarian has custody of and shall carefully preserve in the division:
(a) The enrolled copy of the constitution of the State of Nevada, except as permitted by subsection 3.
(b) The description of the state seal and other seals of which a description may be required to be deposited in the division.
κ1985 Statutes of Nevada, Page 1491 (CHAPTER 487, SB 139)κ
(c) The proceedings and all papers of the two constitutional conventions held for the purpose of framing a constitution of this state.
(d) The manuscripts containing the enrolled acts and joint resolutions and journals of the legislature of this state and the Territory of Nevada.
(e) The records, papers and documents of Carson County, Utah Territory, and all other books, records and documents which, by the laws of the Territory of Nevada, were required to be deposited and kept in the office of the secretary of the Territory of Nevada.
(f) All books, records, parchments, maps, registers, papers and other material required to be deposited or kept in the division.
(g) All expired official bonds approved by the governor.
2. The original papers and other material, except as permitted by subsection 3, must not be permitted to be taken out of the archives unless in the possession of the state librarian or his deputy.
3. The enrolled copy of the constitution may be displayed within the legislative building when the legislature is in session.
Sec. 10. The secretary of state shall deliver to the state librarian one copy of the Nevada Administrative Code, one copy of each adopted regulation of an administrative agency of which two copies were filed with him, and all copies of proposed administrative regulations which have not been discarded.
Sec. 11. 1. Section 2 of this act becomes effective at 12:01 a.m. on July 1, 1985.
2. Section 7 of this act becomes effective at 12:02 a.m. on July 1, 1985.
________
Senate Bill No. 44Committee on Judiciary
CHAPTER 488
AN ACT relating to crimes against the person; enlarges group of persons required to report instances of abuse, neglect or exploitation of older persons; 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 200.5093 is hereby amended to read as follows:
200.5093 1. [Immediately after] If any of the persons listed in subsection 2 suspects an instance of abuse, neglect or exploitation of an older person [is suspected, a report must be made] , he shall immediately report his suspicion to:
(a) The local office of the welfare or aging services division of the department of human resources;
(b) Any police department or sheriffs office; or
κ1985 Statutes of Nevada, Page 1492 (CHAPTER 488, SB 44)κ
(c) The countys office for protective services, if one exists in the county where the suspected action occurred.
If the report of abuse, neglect or exploitation involves an act or omission of the welfare division, aging services division or a law enforcement agency, the report must be made to an agency other than the one alleged to have committed the act or omission. Each agency, after reducing the report to writing, shall forward a copy of the report to the aging services division of the department of human resources.
2. Reports must be made by:
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatrist, medical examiner, resident [and intern licensed in this state who examines, attends or treats an older person who appears to have been abused, neglected or exploited.
(b) The superintendent, manager or other person in charge of a hospital or similar institution, upon notification, which must be given by every physician who has attended an older person who appears to have been abused, neglected or exploited pursuant to his performance of services as a member of the staff of the hospital or institution.
(c) Every] , intern, professional or practical nurse, physicians assistant, psychiatrist, psychologist, marriage and family counselor, alcohol or drug abuse counselor, [ambulance driver and ambulance attendant] driver of an ambulance, advanced emergency medical technician-ambulance or other person providing medical services licensed or certified to practice in this state, who examines, attends or treats an older person who appears to have been abused, neglected or exploited.
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect or exploitation of an older person by a member of the staff of the hospital.
(c) A coroner.
(d) Every clergyman, practitioner of Christian Science or religious healer, unless he acquired the knowledge of abuse, neglect or exploitation from the offender during a confession, or a social worker.
(e) Every person who maintains or is employed by a [group care facility.] health care facility as defined in NRS 449.007.
(f) Every attorney, unless he has acquired the knowledge of abuse, neglect or exploitation from a client who has been or may be accused of the abuse, neglect or exploitation.
(g) Any employee of the welfare or aging services division of the department of human resources.
(h) Any employee of a [police department, sheriffs office] law enforcement agency or a countys office for protective services [.] or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.
κ1985 Statutes of Nevada, Page 1493 (CHAPTER 488, SB 44)κ
for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.
3. Every physician who, as a member of the staff of a hospital or similar institution, has reason to believe that an older person has been abused, neglected or exploited shall notify the superintendent, manager or other person in charge of the institution. The superintendent, manager or other person in charge shall make a report as required in subsection 1.
4. A report may be filed by any other person.
[4.] 5. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report within 3 working days.
[5.] 6. If the investigation of the report results in the belief that the older person is abused, neglected or exploited, the welfare division of the department of human resources or the countys office for protective services may provide protective services to the older person if he is able and willing to accept them.
________
Assembly Bill No. 11Committee on Natural Resources, Agriculture and Mining
CHAPTER 489
AN ACT relating to mining and related activities; requiring the department of minerals to prescribe suggested forms and standardize the procedure for making county maps; repealing obsolete provisions; repealing the restrictions on the hours of work permitted in mines and related facilities; standardizing the requirements for filing claims; revising the requirements for the size and character of monuments; extending the requirement for a fee for certain filings; and providing other matters properly relating thereto.
[Approved June 5, 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:
The department shall:
1. Prescribe a suggested form for each certificate or other document required to be recorded to locate or maintain a mining claim, mill site or tunnel right.
2. Adopt regulations to ensure that all maps established and maintained pursuant to subsection 3 of NRS 517.040 and subsection 2 of NRS 517.100 are prepared in a similar manner.
Sec. 2. Chapter 517 of NRS is hereby amended by adding thereto the provisions set forth as sections 2.3, 2.6, 2.8 and 2.9 of this act.
Sec. 2.3. 1. A locator shall:
(a) Post a separate notice of location; and
(b) Record a separate certificate of location, for each location of a lode or placer claim or of a claim for a mill site or tunnel right.
κ1985 Statutes of Nevada, Page 1494 (CHAPTER 489, AB 11)κ
for each location of a lode or placer claim or of a claim for a mill site or tunnel right.
2. Where a notice or certificate of location includes more than one location, it is void as to all locations except the first described in the notice or certificate. If the descriptions are combined so that it cannot be determined from the notice or certificate which location is described first, the notice or certificate is void as to all of the locations.
Sec. 2.6. Each filing pursuant to NRS 517.050, 517.080, 517.110, 517.140, 517.170, 517.200 and 517.230 must be submitted with a fee of $0.75 per claim. The county recorder shall collect the fee and quarterly pay the money collected to the state treasurer for deposit in the state treasury to the credit of the fund for the department of minerals.
Sec. 2.8. 1. When a record of survey filed with the county recorder by a registered land surveyor shows the location of a mining claim, the county recorder shall compare that record of survey to the county map of mining claims and ascertain whether the location of the claim is accurate according to the record of survey.
2. If the county map inaccurately shows the location of the claim, the county recorder shall propose a change to the county map and mail a notice to all persons whose claims would be affected by the proposed change.
3. The notice must include:
(a) A description of the proposed change; and
(b) A statement advising the owner of the claim that the proposed change will be made unless he makes a written request to the county recorder for a hearing within 30 days.
4. If a request for a hearing is not received by the county recorder within 30 days after he mailed the notice, the county recorder shall make the proposed change to the county map.
5. Upon receipt of a request for a hearing the county recorder shall request the board of county commissioners to hold a hearing on the proposed change.
6. Upon receipt of such a request the board of county commissioners shall, after notifying the county recorder and the owner of the mining claim at least 30 days in advance, hold a hearing and determine whether the proposed change is to be made.
Sec. 2.9. 1. The county recorder shall include all patented mining claims in the county on the county map of mining claims in a manner which clearly distinguishes the patented claims from the unpatented claims.
2. When a record of survey filed with the county by a registered surveyor shows the location of a patented mining claim, the county recorder shall conform the county map to the record of survey if there is any discrepancy between the two maps concerning the location of the claim.
Sec. 3. NRS 517.010 is hereby amended to read as follows:
517.010 Any person who is a citizen of the unites States, or who [is a lawful permanent resident] has legally declared his intention to become a citizen of the United States, who discovers a vein or lode may locate a lode mining claim thereon by:
κ1985 Statutes of Nevada, Page 1495 (CHAPTER 489, AB 11)κ
a lawful permanent resident] has legally declared his intention to become a citizen of the United States, who discovers a vein or lode may locate a lode mining claim thereon by:
1. Defining the boundaries of the claim in the manner and within the time prescribed by NRS 517.030; [and]
2. Erecting or constructing at the point of [such] the discovery a monument of the size and character of any of the several monuments prescribed in NRS 517.030; and
3. Posting in or upon [such discovery] monument of location a notice of [such] the location, which must contain:
(a) The name of the claim.
(b) The name of the locator [or locators, together with the post office address of such locator or locators.] and his mailing address.
(c) The date of location.
(d) The number of linear feet claimed in the length along the course of the vein, each way from the point of discovery, with the width claimed on each side of the center of the vein and the general course of the lode or vein, as near as may be.
Sec. 4. NRS 517.030 is hereby amended to read as follows:
517.030 [1. Within 20 days from the date of] Within 60 days after posting the notice of location, the locator of a lode mining claim shall define the boundaries of the claim by placing at each corner and at the center of each side line one of the monuments described as follows:
[(a)] 1. The locator must define the boundaries of his claim by removing the top of a tree (having a diameter of not less than 4 inches) not less than 3 feet above the ground, and blazing and marking [the same,] it, or by a rock in place, capping [such] the rock with smaller stones [, such] so that the rock and stones [to] have a height of not less than 3 feet, or by setting a post or stone one at each corner and one at the center of each side line.
[(b)] 2. When a wooden post is used, it must be at least [4] 3 1/2 inches in diameter by [4 1/2] 4 feet in length set 1 foot in the ground.
[(c)] 3. When a metal post is used, it must be at least 2 inches in diameter by 4 feet in length set 1 foot in the ground.
4. When durable plastic pipe is used, it must be at least 3 inches in diameter by 4 feet in length set 1 foot in the ground.
5. When it is practically impossible, on account of bedrock or precipitous ground, to sink [such] the pipes or posts, they may be placed in a mound of earth or stones, or where the proper placing of [such posts or other] the monuments is impracticable or dangerous to life or limb, [it shall be lawful to place such posts or monuments] the monument may be placed at the nearest point properly marked to designate its right place.
[(d)] 6. When a stone is used (not a rock in place) it must be not less than 6 inches in diameter and 18 inches in length, set two-thirds of its length in the top of a mound of earth or stone [4] 3 feet in diameter and 2 1/2 feet in height.
κ1985 Statutes of Nevada, Page 1496 (CHAPTER 489, AB 11)κ
[(e) All trees, posts or rocks used as monuments, when not 4 feet in diameter at the base, shall be surrounded by a mound of earth or stone 4 feet in diameter by 2 feet in height, which trees, posts, stones or rock monuments must be so marked as to designate the corners of the claim located.
2. Within 90 days from the date of posting of the notice of location and in addition to defining the boundaries of the claim as set forth in subsection 1, the locator of a mining claim shall prepare two copies of a map of the claim which shall be of a scale of not less than 500 feet to the inch, and which shall set forth the position of the claim boundary monuments in relation to each other and establish numbers of the claim boundary monuments. Where the land has been surveyed by the Unites States, such description shall be connected by courses and distances to an official corner of the public land survey. Where the land has not been surveyed by the United States or where such official corners cannot be found through the exercise of due diligence, such description shall be tied by courses and distance to a claim location marker. The claim location marker shall be constructed at some prominent point visible from at least one claim corner. The claim marker site shall be chosen so that it will not be endangered by snow, rock or landslides, or other natural causes. Only one mineral claim marker is required for each contiguous group of claims. The claim marker shall be constructed in one of the following ways:
(a) If constructed of rock, it shall be 4 feet in diameter at its base and at least 4 feet in height, constructed upon bedrock wherever possible.
(b) A steel post at least 3 inches in diameter or thickness shall be set in the ground. After setting, the top of the post shall be 5 feet above the level of the terrain surrounding the base.
The description shall also state the township and range, and where the lands are surveyed lands, the section in which the mineral marker and the mining claim is situated. The locator need not employ a professional surveyor or engineer, but each locator shall prepare a map which is in accordance with his abilities to map and properly set forth the boundaries and location of his claim.]
Sec. 5. NRS 517.040 is hereby amended to read as follows:
517.040 1. Within 90 days after [the date of] posting the notice of location [notice,] the locator of a lode mining claim shall prepare two copies of a map of the claim on a scale of not less than 500 feet to the inch, which sets forth the position of the [claim boundary] monuments in relation to each other and establishes numbers of the boundary monuments. Where the land has been surveyed by the United States, the description must be connected by courses and distances to an official corner of the public land survey. Where the land has not been surveyed by the United States or where [such] official corners cannot be found through the exercise of due diligence, the description must be tied by courses and distance to a [claim location marker. The claim location marker must be constructed at some prominent point visible from at least one claim corner.
κ1985 Statutes of Nevada, Page 1497 (CHAPTER 489, AB 11)κ
least one claim corner. The claim marker site must be chosen so that it will not be endangered by snow, rock or landslides, or other natural causes. Only one mineral claim marker is required of each contiguous group of claims. The claim marker must be constructed in one of the following ways:
(a) If constructed of rock, it must be 4 feet in diameter at its base and at least 4 feet in height, constructed upon bedrock wherever possible.
(b) A steel post or pipe at least 3 inches in diameter or thickness must be set in the ground. After setting, the top of the post must be 5 feet above the level of the terrain surrounding the base.] natural landmark or a readily identifiable artificial landmark which is customarily shown on a map, including, without limitation, a bench mark or the point at which two roads intersect. The description must also state the township and range, and where the lands are surveyed lands, the quarter section and section in which the [mineral marker] landmark and the mining claim [is] are situated. The locator need not employ a professional surveyor or engineer, but each locator shall prepare a map which is in accordance with his abilities to map and properly set forth the boundaries and location of his claim.
2. Within 90 days after the posting of the notice of location , [notice,] the locator shall file both copies of the map with the county recorder in the county in which the claim is located together with a filing fee of $15 for each claim whose boundaries and location are set forth on the map.
3. Using the proceeds of these filing fees, the county:
(a) Shall establish and maintain , in accordance with the regulations of the department of minerals, a map of the mining claims in the county that must accurately record the location of all mining claims filed after July 1, 1971;
(b) Shall purchase and maintain the necessary equipment used in establishing, maintaining and duplicating the map; and
(c) May use any remaining money for any purpose determined by the county recorder.
The map is a public record . [as provided in chapter 239 of NRS.]
4. The county recorder shall not refuse to accept a map submitted by a locator unless he can affirmatively show that the map submitted does not accurately reflect the location of all the claims.
5. The county recorder shall send one copy of the locators map and one copy of the [location] certificate of location to the county surveyor as soon as practicable after its receipt.
Sec. 6. NRS 517.050 is hereby amended to read as follows:
517.050 1. When the locator files his map pursuant to NRS 517.040, he shall present to the county recorder for recording, together with the usual recording fees, duplicate [location] certificates of location which contain:
(a) The name of the lode or vein.
(b) The name of the locator [or locators, together with the post office address of the locator or locators.] and his mailing address.
κ1985 Statutes of Nevada, Page 1498 (CHAPTER 489, AB 11)κ
(c) The date of the location.
(d) The number of linear feet claimed in length along the course of the vein each way from the point of discovery with the width on each side of the center of the vein, and the general course of the lode or vein as near as may be.
(e) A statement that the [location] work of location consisted of making the maps as provided in NRS 517.040.
(f) The location and description of each corner, with the markings thereon.
2. Any record of the location of a lode [mining] claim which does not contain all the requirements named in this section recorded on or after July 1, 1971, is void, and every location of a mining claim recorded on or after July 1, 1971, is [absolutely] void unless a certificate of location thereof substantially complying with the above requirements is recorded with the county recorder of the county in which the claim is located within 90 days after the date of location.
3. This section does not invalidate a record of location of a [lode mining claim or] mining claim which was validly located and recorded before July 1, 1971.
Sec. 7. NRS 517.080 is hereby amended to read as follows:
517.080 1. The relocation of an abandoned lode claim must be made by preparing two copies of a map of the claim as provided by NRS 517.040, and erecting new boundaries or adopting the old boundaries by renewing the [posts or] monuments if they have been removed or destroyed. In either case, a new [location] monument of location must be erected.
2. Two copies of the claim map must be filed with duplicate [location] certificates of location with the county recorder of the county in which [such] the claim is situated, accompanied by a filing fee as prescribed in NRS 517.040.
Sec. 8. NRS 517.100 is hereby amended to read as follows:
517.100 Within 90 days after [the] posting [of] the notice of location of a placer claim, the locator shall perform the following:
1. Prepare two copies of a map of the claim which [shall] must be of a scale of not less than 500 feet to the inch. Where the United States survey has been extended over the land embraced in the location, the claim may be taken and described on the map by legal subdivisions as provided in NRS 517.090. Where the land has not been surveyed by the United States or where [such] official corners cannot be found through the exercise of due diligence, the map [shall] must set forth the position of the [claim boundary] monuments in relation to each other, establish numbers of [claim boundary] monuments, and [such] the descriptions [shall] must be tied to a [claim location marker] natural landmark or a readily identifiable artificial landmark as provided in NRS [517.030.] 517.040.
2. File the maps with the county recorder in the county in which the claim is located together with a filing fee of $1 per acre. One-half of the filing fee [shall] must be utilized by the county to establish and maintain [a county mining claim map that shall] , in accordance with the regulations of the department of minerals, a map of the mining claims in the county that must accurately record the location of all mining claims filed after July 1, 1971, which [shall be] is a public record .
κ1985 Statutes of Nevada, Page 1499 (CHAPTER 489, AB 11)κ
the filing fee [shall] must be utilized by the county to establish and maintain [a county mining claim map that shall] , in accordance with the regulations of the department of minerals, a map of the mining claims in the county that must accurately record the location of all mining claims filed after July 1, 1971, which [shall be] is a public record . [as provided in chapter 239 of NRS.] The remaining part of the fee may be used for the same purposes as any other general revenue of the county.
Sec. 9. NRS 517.110 is hereby amended to read as follows:
517.110 1. When the locator files his maps pursuant to NRS 517.100, he shall present to the county recorder for recording, together with the usual recording fees, duplicate certificates of location which state:
(a) The name of the claim, designating it as a placer claim.
(b) The name of the locator [or locators and the post office address of each.] and his mailing address.
(c) The date of location.
(d) The number of feet or acres claimed.
2. This certificate, or the record thereof, or a [duly] certified copy of the record is prima facie evidence of the recitals therein.
3. If the certificate does not state all the facts required by this section to be stated, it is void.
Sec. 10. NRS 517.115 is hereby amended to read as follows:
517.115 1. Whenever the tailings of any mining claim [have] or the waste of any mine has been deposited upon the unappropriated public domain and [remain] remains unworked for a period of 10 successive years, it [shall be] is prima facie evidence of abandonment of title or the right of possession thereto.
2. After abandonment, the right of possession or title to [such] the mining tailings or waste may be acquired by locating the site on which [such tailings are] the tailings or waste is deposited by complying with the provisions of NRS 517.090 to 517.110, inclusive.
Sec. 11. NRS 517.120 is hereby amended to read as follows:
517.120 The proprietor of a [vein or lode claim or mine,] mine or mining claim or the owner of a [quartz] mill or reduction works, may locate 5 acres of nonmineral land as a mill site.
Sec. 12. NRS 517.130 is hereby amended to read as follows:
517.130 The locator of a mill site [location] shall locate his claim by:
1. Posting a notice of location thereon, which must contain:
(a) The name of the locator [or locators and the post office address of each;] and his mailing address;
(b) The name of the [vein or lode claim or] mine or mining claim of which he is the proprietor, or the name of the [quartz] mill or reduction works of which he is the owner;
(c) The date of the location;
(d) The number of feet or acres claimed; and
κ1985 Statutes of Nevada, Page 1500 (CHAPTER 489, AB 11)κ
2. Marking the boundaries of his claim in the same manner as provided in this chapter for the marking of the boundaries of a placer [mining] claim, so far as [the same may be] applicable thereto.
Sec. 13. NRS 517.140 is hereby amended to read as follows:
517.140 1. Within [30] 90 days after the date of his location, the locator of a [mill site] claim or location of a mill site shall record his location with the county recorder of the county in which the location is situated, by duplicate [location certificates which must be similar in all respects to the one posted on the location. In addition to the certificates, the locator] certificates of location.
2. When the locator records his certificates of location he shall file two copies of a map not to exceed 3 feet by 4 feet and pay the filing fees which comply with the requirements set forth in NRS 517.040 and 517.050.
[2.] 3. Any record of a [mill site] location of a mill site which does not contain the name of the locator , [or locators,] the name of the [vein or lode claim or] mine or mining claim of which the locator is the proprietor, or the name of the [quartz] mill or reduction works of which the locator is the owner, the number of feet or acres claimed, and [such] a description [as will identify] which identifies the claim with reasonable certainty is void.
Sec. 14. NRS 517.150 is hereby amended to read as follows:
517.150 The locator of a tunnel right or location shall locate his tunnel right or location by posting a notice of location at the face or point of commencement of the tunnel, which notice must contain:
1. The name of the locator [or locators and the post office address of each.] and his mailing address.
2. The date of the location.
3. The proposed course or direction of the tunnel.
4. The height and width thereof.
5. The position and character of the boundary monuments.
6. A description of the tunnel by [such] reference to a natural [object or permanent monument as shall identify] landmark or a readily identifiable artificial landmark which identifies the claim or tunnel right.
Sec. 15. NRS 517.160 is hereby amended to read as follows:
517.160 1. [The boundary lines] Within 60 days after the posting of the notice of location, the locator of a tunnel right or location shall define the boundaries of the tunnel [shall be established] by [stakes or] monuments placed [along such lines] at intervals of not more than 300 feet from the face or point of commencement of the tunnel to the terminus of 3,000 feet therefrom.
2. The [stakes or] monuments [shall] must be of the same size and character as those provided for lode or placer claims in this chapter.
Sec. 16. NRS 517.170 is hereby amended to read as follows:
517.170 1. Within [60] 90 days from the date of the location, the locator of a tunnel right or location shall record his location with the county recorder of the county in which [such] the location is situated .
κ1985 Statutes of Nevada, Page 1501 (CHAPTER 489, AB 11)κ
[, which must be similar in all respects to the notice posted on the location. In addition to the certificate, the locator]
2. When the locator records his certificate of location he shall file two copies of a map that complies with the requirements set forth in NRS 517.040.
[2.] 3. Any record of a tunnel right or location which [shall] does not contain all the requirements named in this section [shall be] is void.
Sec. 17. NRS 517.190 is hereby amended to read as follows:
517.190 [1. Any locator or locators of a mining claim, after having established the boundaries of the claim and after having complied with the provisions of this chapter with reference to the establishment of such boundaries, may file with the mining district recorder a notice of location, setting forth:
(a) The name given to the lode or vein.
(b) The number of linear feet claimed in length along the course of the vein.
(c) The date of location.
(d) The date on which the boundaries of the claim were completed.
(e) The name of the locator or locators.
2. Should any claim be located in any section or territory where no mining district has been as yet formed, or where there is no mining district recorder, the locator or locators of such claim] A locator of a mining claim or a claim for a mill site or tunnel right may file with the county recorder a notice of location [as set forth in subsection 1, and such notice of location will be] which is prima facie evidence in all courts of justice of the first location of [such lode or vein.] that claim.
Sec. 18. NRS 517.200 is hereby amended to read as follows:
517.200 1. If at any time the locator of any mining claim located before , on or after March 16, 1897, or his assigns, apprehends that his original [location] certificate of location was defective [,] or erroneous, or that the requirements of the law had not been complied with before filing, or if he is desirous of changing his surface boundaries or of taking in any part of an overlapping claim which has been abandoned, or in case the original [location] certificate of location was made [prior to] before March 16, 1897, and he is desirous of securing the benefits of this chapter, [such] the locator, or his assigns, may file an amended certificate of location , [certificate,] subject to the provisions of this chapter, if [such] the amendment does not interfere with the existing rights of others at the time of [such] the amendment.
2. [No such] The amendment or the record thereof [shall] does not preclude the claimant [or claimants] from proving any [such titles as] title he [or they may have] held under previous locations.
3. Where a common error occurs in more than one certificate of location, the locator may record one document which describes the error, makes reference to the claims by name and the date, book and page of recording and states the desired amendment.
κ1985 Statutes of Nevada, Page 1502 (CHAPTER 489, AB 11)κ
Sec. 19. NRS 517.210 is hereby amended to read as follows:
517.210 Where a locator, or his assigns, has the boundaries and corners of his claim established by a United States Mineral Surveyor, or a licensed surveyor of this state, and his claim connected with a corner of the public or minor surveys of an established initial point, and incorporates into the record of the claim the field notes of [such] the survey, and attaches to and files with [such location certificate] the certificate of location a certificate of the surveyor setting forth:
1. That the survey was actually made by him, giving the date thereof;
2. The name of the claim surveyed and the location thereof; and
3. That the description incorporated in the declaratory statement is sufficient to identify,
[such] the survey and certificate become a part of the record, and [such] the record is prima facie evidence of the facts therein contained.
Sec. 20. NRS 517.230 is hereby amended to read as follows:
517.230 1. [Within 60 days after the performance of labor or making of improvements required by law to be performed or made upon any] On or before November 1 of the year for which labor is performed or improvements are made as required by law for a mining claim annually, the person in whose behalf [such] the labor was performed or improvements made, or someone in his behalf, shall make and have recorded by the county recorder, in books kept for that purpose in the county in which [such] the mining claim is situated, an affidavit [or statement in writing subscribed by such person and two competent witnesses] setting forth:
(a) The amount of money expended, or value of labor or improvements made, or both.
(b) The character of expenditures or labor or improvements.
(c) A description of the claim or part of the claim affected by [such] the expenditures or labor or improvements.
(d) The year for which [such] the expenditures or labor or improvements were made and the dates on which they were made.
(e) The name of the owner or claimant of the claim at whose expense the [same] improvements or labor was made or performed.
(f) The names of the persons, corporations, contractors or subcontractors who performed the work or made the improvements.
2. The affidavit or statement, or a copy thereof, [duly] certified by the county recorder [shall be] is prima facie evidence of the performance of [such] the labor or the making of [such] the improvements, or both.
[3. Each locator shall file two copies of a map prepared in accordance with NRS 517.030 with the county recorder of the county in which the claim is located not later than September 1, 1972.]
Sec. 21. NRS 517.300 is hereby amended to read as follows:
517.300 1. Every person who willfully antedates or puts any false date or date other than the one on which the location is made upon any notice of location of any mining claim in this state 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 1503 (CHAPTER 489, AB 11)κ
notice of location of any mining claim in this state 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.
2. Every person who willfully and knowingly makes a false material statement on the [location] certificate of location or on any map required by this chapter 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. 22. NRS 18.020 is hereby amended to read as follows:
18.020 Costs must be allowed of course to the prevailing party against any adverse party against whom judgment is rendered, in the following cases:
1. In an action for the recovery of real property [.] or a possessory right thereto.
2. In an action to recover the possession of personal property, where the value of the property amounts to more than $1,250. The value must be determined by the jury, court or master by whom the action is tried.
3. In an action for the recovery of money or damages, where the plaintiff seeks to recover more than $1,250.
4. In a special proceeding.
5. In an action which involves the title or boundaries of real estate, or the legality of any tax, impost, assessment, toll or municipal fine, including the costs accrued in the action if originally commenced in a justices court.
Sec. 23. NRS 362.050 is hereby amended to read as follows:
362.050 The affidavit of labor required by NRS 362.020 to 362.090, inclusive, [shall] must describe particularly the work performed, upon what portion of the mine, and when and by whom done, and may be substantially in the following form:
State of Nevada
County of ............................................
}ss.
.............................., being first duly sworn, deposes and says: That development work worth at least $100 was performed upon the .............................. patented mine, situated in the .............................. Mining District, County of .............................., State of Nevada, during the federal mining assessment work period ending within the year 19..... The work was done at the expense of .............................., the owner (or one of the owners) of the patented mine, for the purpose of relieving the same from the tax assessment. It was performed by , at about .............................. feet in a .............................. direction from the [location monument,] monument of location, and was done between the ..... day of .........., 19, and the ..... day of .........., 19....., and consisted of the following work:
κ1985 Statutes of Nevada, Page 1504 (CHAPTER 489, AB 11)κ
.......................................................................................................................................................
.......................................................................................................................................................
...............................................................................
(Signature)
Subscribed and sworn to before me
this .....day of ..............., 19.....
.................................................................
Notary Public (or other officer
authorized to administer oaths)
Sec. 24. NRS 517.020, 517.060, 517.070, 517.310, 517.320, 517.340, 608.210, 608.220, 608.230 and 608.240 are hereby repealed.
Sec. 25. Section 79 of chapter 627, Statutes of Nevada 1983, at page 2095, is hereby repealed.
Sec. 26. The provisions of this act do not invalidate a record of a location of a lode or placer claim or a claim of a mill site or tunnel right which was validly located and recorded before the effective date of this act.
Sec. 27. On or before July 1, 1987, each county recorder shall fully comply with the provisions of subsection 1 of section 2.9 of this act.
Sec. 28. This act becomes effective upon passage and approval.
________
Senate Bill No. 207Committee on Judiciary
CHAPTER 490
AN ACT relating to mobile home parks; requiring an owner thereof to notify the manufactured housing division of the name of the manager of his park; requiring the manager to acknowledge that he understands the provisions of the law regarding the rental of mobile home lots; and providing other matters properly relating thereto.
[Approved June 5, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 118B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The owner of a mobile home park shall notify the manufactured housing division of the department of commerce of the name of the manager of his park within 30 days after:
(a) Buying the park;
(b) Opening the park for occupancy; or
(c) Changing managers.
2. Upon receiving the notice required by subsection 1, the administrator of the manufactured housing division shall send the manager the text of the provisions of this chapter and a form upon which the manager shall acknowledge that he has received those provisions, has read them and understands them.
κ1985 Statutes of Nevada, Page 1505 (CHAPTER 490, SB 207)κ
them and understands them. The manager shall return the acknowledged form to the administrator within 10 days after receiving it.
3. For the purposes of this section, manager means the person in charge or in control of a mobile home park, whether or not he is the owner or employed by the owner.
Sec. 2. On or before September 1, 1985, each owner of a mobile home park shall comply with the requirements of section 1 of this act as if he had just bought the park.
________
Assembly Bill No. 660Committee on Ways and Means
CHAPTER 491
AN ACT relating to the commission on economic development; making an appropriation for grants for certain local projects; transferring money from the commission on tourism to the state general fund; and providing other matters properly relating thereto.
[Approved June 5, 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 commission on economic development the sum of $425,000.
2. The commission on tourism shall transfer to the state general fund the sum of $200,000 each year for fiscal years 1985-1986 and 1986-1987.
3. The commission on economic development shall use the money appropriated by subsection 1 to grant to:
(a) The City of Wells for the construction of an industrial park, the sum of $100,000.
(b) The City of Winnemucca for the purchase of a device which transmits signals at a very high omnirange frequency to aid in the navigation of aircraft, the sum of $125,000.
(c) The Clark County fair and recreation board for the construction of the Moapa Valley fairground, the sum of $100,000.
(d) The City of Hawthorne for the refurbishing of the community center, the sum of $100,000.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 1506κ
Senate Bill No. 432Committee on Finance
CHAPTER 492
AN ACT relating to the National Judicial College; creating a trust fund for its support; making an appropriation; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 1 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The trust fund for the National Judicial College is hereby created. The interest and income earned on the money in the trust fund, in an amount not exceeding $200,000 per year, after deducting any applicable charges, must be credited to the fund. Any interest and income earned in excess of $200,000 per year must be credited to the state general fund.
2. The state treasurer shall, subject to the limitation in subsection 1, pay to the dean of the National Judicial College at the end of each quarter an amount equal to any interest and income credited to the trust fund during that quarter. The dean may use the money to pay expenses which relate to operating the college.
3. The state board of examiners may, upon making a determination that any portion of the principal of the money in the trust fund is necessary to meet existing or future obligations of the state, recommend to the interim finance committee that the amount so needed be transferred from the trust fund to the state general fund. Upon approval of the interim finance committee, the money may be so transferred.
4. The dean shall submit an itemized statement of all of the income and expenditures of the National Judicial College each year to the legislature or the interim finance committee.
Sec. 2. 1. There is hereby appropriated from the state general fund to the trust fund for the National Judicial College created pursuant to section 1 of this act the sum of $2,500,000 upon the condition that an equal amount of money is donated for the support of the National Judicial College from other sources on or before June 30, 1987. The sum of $2,500,000 reverts to the state general fund on July 1, 1987, if this condition is not met.
2. If the National Judicial College ceases to provide education in this state to members of the judiciary, the balance in the trust fund for the National Judicial College reverts to the state general fund.
Sec. 3. 1. This act becomes effective upon passage and approval.
2. If the appropriation made by section 2 of this act reverts to the state general fund, section 1 of this act expires by limitation on the date of the reversion.
________
κ1985 Statutes of Nevada, Page 1507κ
Assembly Bill No. 475Committee on Commerce
CHAPTER 493
AN ACT relating to real estate brokers and salesmen; prohibiting the licensing of financial institutions; revising the requirements for continuing education; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 645 of NRS is hereby amended by adding thereto a new section to read as follows:
1. For the purposes of this section, depository financial institution means any bank, savings and loan association, savings bank, thrift company, credit union or other institution which:
(a) Holds or receives deposits, savings or share accounts;
(b) Issues certificates of deposit; or
(c) Provides to its customers other depository accounts which are subject to withdrawal by checks, drafts or other instruments or by electronic means to effect payment to a third party.
2. The purposes of this section are to help maintain the separation between depository financial institutions and the business of real estate and to minimize the possibility of unfair competitive activities by depository financial institutions against real estate brokers and salesmen.
3. No depository financial institution or its holding company, parent, subsidiary or affiliate may directly or indirectly be licensed to sell real estate in this state.
Sec. 2. NRS 645.240 is hereby amended to read as follows:
645.240 1. The provisions of this chapter do not apply to, and the terms real estate broker and real estate salesman do not include, any person who, as owner or lessor, performs any of the acts mentioned in NRS 645.030, 645.040, 645.230 and 645.260, with reference to property owned or leased by them, or to the regular employees thereof with respect to the property so owned or leased, where those acts are performed in the regular course of or as an incident to the management of such property and the investment therein. For the purposes of this subsection, management means activities which tend to preserve or increase the income from the property by preserving the physical desirability of the property or maintaining high standards of service to tenants. The term does not include sales activities.
2. The provisions of this chapter do not apply to:
(a) Any bank, thrift company, credit union, trust company, savings and loan association or any mortgage or farm loan association licensed under the laws of this state or of the United States, [when engaged in the transaction of business within the scope of its license.]
κ1985 Statutes of Nevada, Page 1508 (CHAPTER 493, AB 475)κ
the transaction of business within the scope of its license.] with reference to property acquired for development, for the convenient transaction of its business, or as a result of foreclosure of property encumbered in good faith as security for a loan or other obligation.
(b) A corporation which, through its regular officers who receive no special compensation for it, performs any of those acts with reference to the property of the corporation.
(c) The services rendered by an attorney at law in the performance of his duties as an attorney at law.
(d) A receiver, trustee in bankruptcy, administrator or executor, or any other person doing any of the acts specified in NRS 645.030 under the jurisdiction of any court.
(e) A trustee acting under a trust agreement, deed of trust or will, or the regular salaried employees thereof.
(f) The purchase, sale or locating of mining claims or options thereon or interests therein.
(g) The State of Nevada or a political subdivision thereof.
Sec. 3. NRS 645.575 is hereby amended to read as follows:
645.575 1. The commission shall prescribe standards for the continuing education of persons licensed pursuant to this chapter by adopting regulations which include:
(a) For renewal of a license which is on active status, a requirement for [total] the hours of attendance at any approved educational course, seminar or conference of:
(1) [Twenty clock] Thirty hours within the 2-year period immediately after initial licensing; and
(2) [Ten clock] Fifteen hours within each subsequent 2-year period before renewal.
For each period, at least 3 of the hours must be devoted to ethics, professional conduct or the legal aspects of real estate.
(b) For reinstatement of a license which has been placed on inactive status, a requirement for total attendance at any approved educational course, seminar or conference of:
(1) [Twenty clock] Thirty hours if the license was on inactive status for 2 years or less during the initial license period [.
(2) Ten clock] ;
(2) Fifteen hours if the license was on inactive status for a period of 2 years or less, no part of which was during the initial license period [.
(3) Forty clock] ;
(3) Forty-five hours if the license was on inactive status for a period of more than 2 years, part of which was during the initial license period [.
(4) Twenty clock] ;
(4) Thirty hours if the license was on inactive status for a period of more than 2 years, no part of which was during the initial license period.
κ1985 Statutes of Nevada, Page 1509 (CHAPTER 493, AB 475)κ
For each period, at least 3 of the hours must be devoted to ethics, professional conduct or the legal aspects of real estate.
(c) A basis and method of qualifying educational programs and certifying attendance which will satisfy the requirements of this section.
(d) A procedure for the evaluation of petitions based on a claim of equivalency with the requirements of subsection (a) or (b).
(e) A system of controlling and reporting qualifying attendance.
(f) A statement of the conditions under which an extension of time may be granted to comply with the continuing education requirements as well as a method of applying and qualifying for an extension.
2. The standards prescribed under subsection 1 must permit alternatives of subject material, taking cognizance of specialized areas of practice, and alternatives in sources of programs considering availability in area and time. The standards must include, where qualified, generally accredited educational institutions, private vocational schools, educational programs and seminars of professional societies and organizations, other organized educational programs on technical subjects, or equivalent offerings. The commission shall qualify any appropriate educational course given by an accredited university or community college.
3. Except as otherwise provided in this subsection, after December 31, 1980, the license of a broker, broker-salesman or salesman must not be renewed or reinstated unless the administrator finds that the applicant for the renewal license or for reinstatement to active status has completed the continuing education required by this chapter. Any amendment or repeal of a regulation does not operate to prevent an applicant from complying with this section for the next licensing period following the amendment or repeal.
Sec. 4. 1. Section 2 of this act becomes effective at 12:01 a.m. on July 1, 1985.
2. Section 3 of this act becomes effective on July 1, 1987.
________
Senate Bill No. 73Committee on Government Affairs
CHAPTER 494
AN ACT relating to the Airport Authority of Washoe County; providing compensation for members of the board for time spent on the business of the authority; authorizing the authority to grant exclusive or limited agreements to furnish facilities or services; authorizing short-term financing; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 6 of chapter 474, Statutes of Nevada 1977, at page 970, is hereby amended to read as follows:
κ1985 Statutes of Nevada, Page 1510 (CHAPTER 494, SB 73)κ
Sec. 6. 1. Each member of the board shall file with the county clerk:
(a) His oath of office.
(b) A corporate surety bond furnished at [authority] the authoritys expense, in an amount not to exceed $5,000, and conditioned for the faithful performance of his duties as a member of the board.
2. No member of the board, during his term thereon, may hold any elective office, have any financial interest in the aviation industry or [be interested as a private purveyor in any contract or] have a financial interest in any contract or other transaction with the board or the authority [.] other than as that contract or transaction may be made available to a member of the general public in the course of the authoritys business.
3. Each member of the board is entitled to receive $160 per month or $40 for each [regular board] meeting attended [,] or for any portion of a day spent on the business of the authority at the request of the board, whichever is less.
4. For the purposes of this section, financial interest means:
(a) Ownership of 10 percent or more of the capital stock or assets of any business entity, directly or through a member of the interested persons household.
(b) Income amounting to 10 percent or more of the gross income of the interested person.
Sec. 2. Section 10 of chapter 474, Statutes of Nevada 1977, at page 970, as amended by chapter 668, Statutes of Nevada 1979, at page 1647, is hereby amended to read as follows:
Sec. 10. The authority may do all things necessary to accomplish the purposes of this act. The authority has perpetual succession and may, by [reason] way of example and not of limitation:
1. [Have perpetual succession and sue] Sue and be sued.
2. Plan, establish, acquire, construct, improve and operate one or more airports within Washoe County.
3. Acquire real or personal property or any interest therein by gift, lease or purchase for any of the purposes provided in this section, including the elimination, prevention or marking of airport hazards.
4. Sell, lease or otherwise dispose of any real property [.] in such manner and upon such terms and conditions as the board deems proper and in the best interests of the authority.
5. Acquire real property or any interest therein in areas most affected by [aircraft] the noise of aircraft for the purpose of resale or lease thereof, subject to restrictions limiting its use to industrial or other purposes least affected by aircraft notice.
6. Enter into agreements with Washoe County and the cities of Reno and Sparks to acquire, by lease, gift, purchase or otherwise, any airport of such county or municipality and to operate [such] that airport.
κ1985 Statutes of Nevada, Page 1511 (CHAPTER 494, SB 73)κ
7. Exercise the power of eminent domain and dominant eminent domain in the manner provided by law for the condemnation by a city of private property for public use to take any property necessary to the exercise of the powers granted, within Washoe County.
8. Apply directly to the proper federal, state, county and municipal officials and agencies or to any other source, public or private, for loans, grants, guarantees or other financial assistance in aid of airports operated by it, and accept the same.
9. Study and recommend to the board of county commissioners of Washoe County and the city councils of the cities of Reno and Sparks zoning changes in the area of any airport operated by the authority with respect to height and aviation obstructions in order to enable the authority to meet the requirements of any regulations of the Federal Aviation Administration . [regulations.
10. Have control of]
10. Control its airports with the right and duty to establish and charge fees, rentals, rates and other charges, and collect revenues therefrom, not inconsistent with the rights of the holders of its bonds, and enter into agreements with carriers for the payment of landing fees, rental rates and other charges.
11. Use in the performance of its functions the officers, agents, employees, services, facilities, records and equipment of Washoe County or the cities of Reno and Sparks, with the consent of [any such] the respective county or municipality, and subject to such terms and conditions as may be agreed upon.
12. Enter upon such lands, waters or premises as in the judgment of the authority may be necessary for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this act. The authority is liable for actual damage done.
13. Provide its own fire protection, police and crash and rescue service.
14. Contract with carriers with regard to landings and the accommodations of the employees and passengers of [such] those carriers.
15. Contract with persons or corporations to provide goods and services for the use of the employees and passengers of the carriers and the employees of the authority, as necessary or incidental to the operation of the airports.
16. Hire and retain officers, agents and employees, including a fiscal advisor, engineers, attorneys or other professional or specialized personnel.
17. Adopt regulations governing vehicular traffic on its airports relating but not limited to speed restrictions, stopping, standing and parking, loading zones, turning movements and parking meters. It is unlawful for any person to do any act forbidden or fail to perform any act required in such regulations.
κ1985 Statutes of Nevada, Page 1512 (CHAPTER 494, SB 73)κ
Sec. 3. Chapter 474, Statutes of Nevada 1977, at page 971, is hereby amended by adding thereto a new section to be designated as section 10.5, which must immediately follow section 10, to read as follows:
Sec. 10.5. In contracting with persons to furnish facilities or services for the purposes of this act, the authority may award exclusive or limited rights or franchises which would, absent this grant of authority, violate state or federal laws prohibiting antitrust activities. The authority may grant exclusive or limited agreements which replace business competition with regulated anticompetitive services, subject only to the regulatory authority vested by law in the public service commission of Nevada or the taxicab authority.
Sec. 4. Section 20 of chapter 474, Statutes of Nevada 1977, at page 973, as last amended by chapter 637, Statutes of Nevada 1981, at page 1425, is hereby amended to read as follows:
Sec. 20. The authority [, upon the affirmative vote of five trustees and with the approval of the board of county commissioners of Washoe County, is authorized to borrow money without an election in anticipation of the collection of taxes or other revenues, and to issue warrants and interim debentures to evidence the amount so borrowed.] may enter into short-term financing in compliance with NRS 354.430 to 354.460, inclusive, and 354.618.
Sec. 5. Section 29 of chapter 474, Statutes of Nevada 1977, at page 975, is hereby amended to read as follows:
Sec. 29. The authority , by action of the board , may adopt its own plan of civil service [plan] to be administered by the board . [, which plan shall] The plan must include , but need not be limited to , the following provisions:
1. Entry into the service on the basis of open competition.
2. Service, promotions and remuneration on the basis of merit, efficiency and fitness.
3. Classifications of the positions in the service.
4. The rating of candidates on the basis of publicly announced competitive examinations and the maintenance of lists of eligible candidates.
5. Employment of candidates from the eligible lists in the highest qualified rating.
6. Probationary periods not to exceed 6 months.
7. Disciplinary action, suspension or discharge of employees for cause only with the right of notice and review.
8. Schedules of compensation and [pay] increases in pay prepared by the board.
9. Promotion on the basis of ascertained merit, seniority in service and competitive examinations.
10. Provision for keeping service records on all employees.
11. Regulations for hours of work, attendance, holidays, leaves of absence and transfers.
κ1985 Statutes of Nevada, Page 1513 (CHAPTER 494, SB 73)κ
12. Procedures for layoffs, discharge, suspension, discipline and reinstatement.
13. The exemption from civil service of persons employed to render professional, scientific, technical or expert service , persons providing services of a temporary or exceptional character, persons employed on projects paid from the proceeds of bonds issued by the authority and persons employed for a period of less than 3 months in any 12-month period.
14. Review by the board, at the request of the employee in question and after notice and public hearing , of any disciplinary action, suspension or discharge of any employee, which action, suspension or discharge may be affirmed, modified or reversed by the board. Findings of fact by the board are not subject to review by any court except for illegality or want of jurisdiction.
________
Senate Bill No. 511Committee on Finance
CHAPTER 495
AN ACT making an appropriation to the legislative fund for the support of the interim studies; and providing other matters properly relating thereto.
[Approved June 6, 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 $85,000 for the support of the interim studies approved by the 63rd session of the legislature.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 726Committee on Ways and Means
CHAPTER 496
AN ACT relating to public schools; apportioning the state distributive school fund for the biennium 1985-1987; making an appropriation; authorizing certain expenditures; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The basic support guarantee per pupil for the respective school districts of the state for the fiscal year 1985-1986 is:
κ1985 Statutes of Nevada, Page 1514 (CHAPTER 496, AB 726)κ
Carson City..................................................................................................... $2,461
Churchill County............................................................................................ 2,450
Clark County................................................................................................... 2,114
Douglas County............................................................................................. 2,168
Elko County.................................................................................................... 2,480
Esmeralda County.......................................................................................... 3,659
Eureka County................................................................................................ 4,582
Humboldt County.......................................................................................... 2,551
Lander County................................................................................................ 2,687
Lincoln County............................................................................................... 3,890
Lyon County................................................................................................... 2,612
Mineral County.............................................................................................. 2,771
Nye County..................................................................................................... 2,454
Pershing County............................................................................................ 2,525
Storey County................................................................................................ 3,629
Washoe County............................................................................................. 2,097
White Pine County........................................................................................ 3,086
Sec. 2. 1. The basic support guarantee for school districts for operating purposes for the fiscal year 1986-97 is an aggregate weighted average of $2,305 per pupil.
2. The department of taxation on or before April 15, 1986, shall provide a certified estimate of the assessed valuation for each school district for the fiscal year 1986-1987. The assessed valuation for each school district must be that which is taxable for purposes of providing revenue to school districts, including net proceeds of mines.
3. For purposes of establishing the basic support guarantee, the estimated basic support guarantees for each school district for the fiscal year 1986-1987 for operating purposes are:
Estimated
Basic Basic
Support Support
Guarantee Estimated Guarantee
Before Permissible as
Adjustment Adjustment Adjusted
Carson City School District.................... $2,384 $99.............................................. $2,483
Churchill County School District........... 2,428 241................................................ 2,669
Clark County School District.................. 2,206 23................................................ 2,229
Douglas County School District............ $2,533 -280.......................................... 2,253
Elko County School District................... 2,511 80................................................ 2,591
Esmeralda County School District......... 4,183 -278.......................................... 3,905
Eureka County School District............... 5,284 -600.......................................... 4,684
Humboldt County School District......... 2,697 -24................................................ 2,673
κ1985 Statutes of Nevada, Page 1515 (CHAPTER 496, AB 726)κ
Estimated
Basic Basic
Support Support
Guarantee Estimated Guarantee
Before Permissible as
Adjustment Adjustment Adjusted
Lander County School District.............. $2,634 187.............................................. $2,821
Lincoln County School District............. 3,749 305................................................ 4,054
Lyon County School District................. 2,634 178................................................ 2,812
Mineral County School District............. 2,718 228................................................ 2,946
Nye County School District................... 2,656 -43................................................ 2,613
Pershing County School District........... 2,780 -66................................................ 2,714
Storey County School District............... 3,825 -84................................................ 3,741
Washoe County School District............ 2,278 -127.......................................... 2,151
White Pine County School District....... 2,968 250................................................ 3,218
4. The permissible adjustment may be made only to take account of the difference in the value of taxable property in the school district between the amount estimated as of May 25, 1985, and the amount estimated as of April 15, 1986, for the fiscal year 1986-1987.
5. Upon receipt of the certified estimates of assessed valuations as of April 15, 1986, from the department of taxation, the department of education must recalculate the amount of permissible adjustment and the basic support guarantee for operating pur poses for fiscal year 1986-1987 by April 25, 1986. The basic support guarantee for each school district for the fiscal year 1986-1987 is the amount which is recalculated for the fiscal year 1986-1987 pursuant to this section.
Sec. 3. 1. The basic support guarantee for each special education program unit which is maintained and operated for at least 9 months of a school year is $22,575 for the fiscal year 1985-1986 and $23,700 for the fiscal year 1986-1987 except as limited by subsection 2.
2. The maximum number of units and amount of basic support for special education program units within each of the school districts, before any reallocation pursuant to NRS 387.1221, for the fiscal years 1985-1986 and 1986-1987 are:
1985-1986 1986-1987
Location of School
District Units Amount Units Amount
Carson City............................... 34 $767,550 35 $829,500
Churchill County...................... 18 406,350 19 450,300
Clark County............................. 565 12,754,875 582 13,793,400
Douglas County....................... 25 564,375 26 616,200
Elko County.............................. 27 609,525 28 663,600
Esmeralda County.................... 2 45,150 2 47,400
Eureka County.......................... 2 45,150 2 47,400
Humboldt County.................... 13 293,475 13 308,100
Lander County.......................... 7 158,025 7 165,900
Lincoln County......................... 6 135,450 7 165,900
Lyon County............................. 21 474,075 22 521,400
Mineral County........................ 8 180,600 9 213,300
Nye County............................... 16 361,200 17 402,900
κ1985 Statutes of Nevada, Page 1516 (CHAPTER 496, AB 726)κ
1985-1986 1986-1987
Location of School
District Units Amount Units Amount
Pershing County...................... 5 $112,875 5 $118,500
Storey County.......................... 2 45,150 2 47,400
Washoe County....................... 199 4,492,425 204 4,834,800
White Pine County.................. 10 225,750 10 237,000
Subtotal..................................... 960 $21,672,000 990 $23,463,000
Reserved by State Board of Education .......................................... 25 564,375 25................................. 592,500
Total........................................... 985 $22,236,375 1,015 $24,055,500
3. The state board of education shall reserve 25 special education program units for each of the fiscal years 1985-1986 and 1986-1987, to be allocated to school districts by the state board of education to meet additional needs that cannot be met by the allocations provided in subsection 2 for that fiscal year. These needs must be evaluated by the department of education.
Sec. 4. 1. There is hereby appropriated from the state general fund to the state distributive school fund created pursuant to NRS 387.030:
For the fiscal year 1985-1986.......................................................... $162,891,371
For the fiscal year 1986-1987.......................................................... 171,816,225
2. The money appropriated by subsection 1 must be:
(a) Expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget; and
(b) Work-programmed for the 2 separate fiscal years, 1985-1986 and 1986-1987, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
3. Transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
4. The sums appropriated by subsection 1 are available for either fiscal year. Money may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.
5. Any remaining balance of the appropriation made by subsection 1 for the fiscal year 1985-1986 must be transferred and added to the money appropriated for the fiscal year 1986-1987 and may be expended as that money is expended.
6. Any remaining balance of the appropriation made by subsection 1 for the fiscal year 1986-1987, including any money added thereto pursuant to the provisions of subsection 5, 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. 5. 1. Expenditure of $35,820,972 by the department of education from money in the state distributive school fund which was not appropriated from the state general fund is hereby authorized during the fiscal year beginning July 1, 1985.
κ1985 Statutes of Nevada, Page 1517 (CHAPTER 496, AB 726)κ
2. Expenditure of $36,997,972 by the department of education from money in the state distributive school fund which was not appropriated from the state general fund is hereby authorized during the fiscal year beginning July 1, 1986.
3. For purposes of accounting and reporting, the sums authorized for expenditure in subsections 1 and 2 are considered to be expended before any appropriation is made to the state distributive school fund from the state general fund.
4. The money authorized to be expended by subsections 1 and 2 must be expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and from allotments must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.
5. The chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amounts authorized for expenditure by the department of education, in subsections 1 and 2, with amounts from any other state agency, from any agency of local government, from any agency of the Federal Government or from any other source which he determines is in excess of the amount taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that money to be received will be less than the amount authorized in subsections 1 and 2.
Sec. 6. Of the sums appropriated from the state general fund in section 4 of this act, up to $500,000 in each of the fiscal years 1985-1986 and 1986-1987 may be used to meet the states matching requirement under the Child Nutrition Act.
Sec. 7. During each of the fiscal years 1985-1986 and 1986-1987, whenever the state controller finds that current claims against the state distributive school fund exceed the amount available in the fund to pay those claims, he may advance temporarily from the state general fund to the state distributive school fund the amount required to pay the claims, but no more than the amount expected to be received in the current fiscal year from any source authorized for the state distributive school fund. No amount may be transferred unless requested by the chief of the budget division of the department of administration.
________
κ1985 Statutes of Nevada, Page 1518κ
Senate Bill No. 291Senators OConnell, Glover, Rawson, Redelsperger, Rhoads, Robinson, Ryan, Schaffer and Townsend
CHAPTER 497
AN ACT relating to local governments; requiring the reporting of expenditures made for lobbying activities under certain circumstances; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In each year in which the legislature convenes, a local government which expends more than $6,000 on activities designed to influence the passage or defeat of any legislation shall file with the department of taxation within 30 days after the close of the legislative session a report supplemental to its final budget which includes separate items for expenses relating to that activity, including:
(a) Transportation.
(b) The lodging and meals of its officers, lobbyists or employees.
(c) The amount of money spent on entertainment, gifts or other expenses which are required to be reported pursuant to NRS 218.900 to 218.944, inclusive.
(d) The amount of money spent in Carson City on supplies, equipment, facilities, personnel and services needed to support the activity.
(e) An identification of the fund, account or other source against which the expenses were charged.
2. The local government shall make a copy of the supplemental report available for inspection within 30 days after the close of the legislative session.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 1519κ
Senate Bill No. 515Committee on Finance
CHAPTER 498
AN ACT relating to employees in the unclassified service of the state; increasing certain salaries; making an appropriation; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The following state officers and employees in the unclassified service of the State of Nevada are entitled to receive annual salaries of not more than the approximate maximum amounts set forth following their specified titles or positions:
Approximate
Title or Position Annual
Salary
1. Office of the governor:
Executive assistant..................................................................................... $45,825
Executive assistant..................................................................................... 44,787
Administrative assistant............................................................................ 40,279
Employee relations officer......................................................................... 36,120
Special assistant, Las Vegas..................................................................... 33,462
Executive assistant (press secretary)...................................................... 31,463
Office manager............................................................................................ 29,293
Secretary to governor................................................................................ 24,944
Administrative secretary (7 positions) each........................................... 19,541
Administrative secretary (1 position)...................................................... 17,604
2. Office of the lieutenant governor:
Chief assistant............................................................................................. $19,541
Administrative secretary........................................................................... 17,604
3. Office of the secretary of state:
Deputy secretary of state.......................................................................... $31,614
Deputy secretary of state, securities....................................................... 30,298
Coordinator, corporate filing..................................................................... 25,741
Chief assistant............................................................................................. 20,605
4. Office of the state treasurer:
Chief deputy state treasurer...................................................................... $31,614
Treasury cashier......................................................................................... 27,805
5. Office of the state controller:
Chief deputy controller.............................................................................. $40,000
Accountant, controllers office................................................................ 36,503
Assistant controller.................................................................................... 31,614
6. Office of the attorney general:
(a) Central office in Carson City
Chief deputy V, attorney general............................................................. $50,912
κ1985 Statutes of Nevada, Page 1520 (CHAPTER 498, SB 515)κ
Approximate
Title or Position Annual
Salary
Chief deputy IV, criminal........................................................................... $46,643
Chief deputy IV, civil.................................................................................. 46,643
Deputy III, civil........................................................................................... 42,587
Deputy III, public lands............................................................................. 42,587
Deputy III, criminal, each........................................................................... 42,587
Deputy II, civil, each.................................................................................. 36,503
Deputy I, criminal........................................................................................ 31,636
Chief investigator....................................................................................... 30,420
Investigator................................................................................................. 28,660
Investigator, private investigators license board.................................. 28,660
Administrative assistant............................................................................ 28,450
Supervisor, office services........................................................................ 28,450
Criminal legal researcher............................................................................ 20,685
(b) Central office in Las Vegas
Chief deputy V, Las Vegas........................................................................ $50,912
Investigator, Las Vegas............................................................................. 28,660
Deputy III, criminal..................................................................................... 42,587
Office manager............................................................................................ 19,576
(c) Department of transportation legal counsel
Chief deputy IV........................................................................................... $46,643
Deputy III, each.......................................................................................... 42,587
Deputy II, each............................................................................................ 36,503
Deputy I....................................................................................................... 31,636
Legal research assistant, each.................................................................. 20,685
(d) Agency deputies
Chief deputy V, gaming............................................................................. $50,912
Chief deputy IV, human resources........................................................... 46,643
Chief deputy IV, commerce....................................................................... 46,643
Deputy IV, gaming control board, each.................................................. 46,643
Deputy IV, nuclear waste.......................................................................... 46,643
Deputy IV, Colorado River commission.................................................. 46,643
Deputy III, mental hygiene and mental retardation division................ 42,587
Deputy III, welfare, each............................................................................ 42,587
Deputy III, gaming commission, each..................................................... 42,587
Deputy III, department of taxation........................................................... 42,587
Deputy III, insurance and group insurance............................................ 42,587
Deputy III, personnel................................................................................. 42,587
Deputy III, insurance fraud....................................................................... 42,587
Deputy III, environmental protection...................................................... 42,587
Deputy III, taxicab and civil...................................................................... 42,587
κ1985 Statutes of Nevada, Page 1521 (CHAPTER 498, SB 515)κ
Approximate
Title or Position Annual
Salary
Deputy III, housing division..................................................................... $42,587
Deputy III, conservation, secretary of state, treasurer......................... 42,587
Deputy III, water resources....................................................................... 42,587
Deputy III, prison....................................................................................... 42,587
Deputy III, consumer affairs..................................................................... 42,587
Deputy III, real estate division................................................................. 42,587
Deputy III, equal rights and civil.............................................................. 42,587
Deputy III, civil and mental hygiene and mental retardation division 42,587
Deputy III, labor commission, administration, general services and data processing............................................................................................ 42,587
Deputy II, motor vehicles, each................................................................ 36,503
Deputy II, welfare, each............................................................................. 36,503
Deputy II, department of taxation............................................................ 36,503
Deputy II, parole and probation and criminal......................................... 36,503
Deputy II, Colorado River commission................................................... 36,503
Deputy II, criminal and pharmacy............................................................ 36,503
Deputy I, criminal, prison.......................................................................... 31,636
Chief fraud investigator............................................................................. 26,758
Insurance investigators, each................................................................... 22,557
(e) Office of advocate for customers of public utilities:
Consumers advocate................................................................................ $48,671
Staff counsel................................................................................................ 44,716
Rate specialist............................................................................................. 39,894
Accountant.................................................................................................. 44,000
Administrative assistant............................................................................ 24,336
Assistant staff counsel.............................................................................. 35,000
Regulatory analyst..................................................................................... 35,000
(f) Crime prevention:
Crime prevention coordinator................................................................... $23,533
7. Department of administration:
Director......................................................................................................... $52,758
Deputy budget administrator.................................................................... 41,736
Appeals officer, hearings division (4 positions) each.......................... 40,279
Chief assistant budget administrator....................................................... 39,921
Director, Clear Creek................................................................................... 22,811
8. Department of commerce:
Director......................................................................................................... $50,425
Commissioner of insurance....................................................................... 41,666
Administrator, financial institutions........................................................ 41,666
Deputy commissioner of insurance (Las Vegas)................................... 38,918
κ1985 Statutes of Nevada, Page 1522 (CHAPTER 498, SB 515)κ
Approximate
Title or Position Annual
Salary
Deputy Administrator, financial institutions (2 positions) each......... $40,279
*Specialist in medical cost containment, insurance.............................. 39,920
Administrator, housing division.............................................................. 40,971
State fire marshal......................................................................................... 38,201
Administrator, manufactured housing division..................................... 36,120
Administrator, real estate division........................................................... 36,120
Financial institutions, certified public accountant................................ 34,966
Administrator, unclaimed property.......................................................... 34,039
Deputy commissioner of insurance (Carson City)................................. 30,021
Deputy administrator, real estate division (Las Vegas)........................ 29,881
Commissioner of consumer affairs........................................................... 31,614
Deputy administrator, housing division................................................. 36,120
Chief assistant, housing division............................................................. 29,188
Deputy director........................................................................................... 36,120
*Chief fraud investigator........................................................................... 26,758
*Insurance investigators (2 positions) each.......................................... 22,557
9. State department of conservation and natural resources:
Director......................................................................................................... $49,095
Administrator, division of environmental protection............................ 44,091
State engineer (division of water resources).......................................... 44,091
State forester, firewarden........................................................................... 37,506
Administrator, division of state parks..................................................... 37,506
Administrator, division of state lands..................................................... 35,265
District supervisor, water commissioners, division of water resources ..................................................................................................... 32,948
10. Department of data processing:
Director......................................................................................................... $47,690
Chief, systems and programming............................................................. 44,413
Chief, facility management........................................................................ 38,937
11. Department of education:
Superintendent of public instruction....................................................... $56,500
Deputy superintendent of public instruction......................................... 47,701
Associate superintendent for administration......................................... 43,544
12. State gaming control board:
Chairman, gaming control board.............................................................. $63,000
Member, gaming control board (2 positions) each................................ 60,000
Chief, investigation.................................................................................... 45,021
Chief, enforcement...................................................................................... 45,021
* Position is eliminated on June 30, 1985
κ1985 Statutes of Nevada, Page 1523 (CHAPTER 498, SB 515)κ
Approximate
Title or Position Annual
Salary
Chief, audit................................................................................................... $45,021
Chief, special investigation and intelligence.......................................... 45,021
Chief, tax and license.................................................................................. 45,021
Executive secretary, gaming commission................................................ 36,503
Systems analyst.......................................................................................... 40,154
Electronics engineer (2 positions) each.................................................. 42,587
Industrial production engineer................................................................. 42,587
Digital circuits engineer............................................................................. 42,587
Coordinator, applicant services................................................................ 39,545
Management services officer.................................................................... 40,762
Chief deputy, enforcement (2 positions) each....................................... 40,762
Chief deputy, audit (3 positions) each.................................................... 40,762
Chief deputy, tax and license.................................................................... 40,762
Hearing officer, gaming.............................................................................. 34,070
Chief deputy, investigations (3 positions) each.................................... 40,762
Training officer............................................................................................ 36,503
Supervisor, special investigations (2 positions) each.......................... 37,720
Business manager, office services........................................................... 37,720
Information service director...................................................................... 36,503
Senior corporate securities agent............................................................. 35,287
Financial analyst, office services (2 positions) each............................. 34,070
Supervisor, investigations........................................................................ 37,720
Supervisor, enforcement............................................................................ 37,720
Supervisor, audit (5 positions) each........................................................ 37,720
Management analyst, gaming (2 positions) each.................................. 36,503
Computer programmer................................................................................ 36,503
Securities analyst, gaming......................................................................... 35,287
Senior agent, investigation (9 positions) each....................................... 34,070
Senior agent, special investigation and intelligence (4 positions) each ..................................................................................................... 34,070
Senior agent, audit (13 positions) each................................................... 34,070
Senior agent, tax and license (3 positions) each.................................... 34,070
Electronics specialist.................................................................................. 32,853
Senior agent, enforcement (14 positions) each...................................... 34,070
Intelligence analyst.................................................................................... 34,070
Agent II, financial investigations (3 positions) each............................ 30,420
Agent II, special investigation and intelligence (4 positions) each.... 30,420
Agent II, audit (30 positions) each.......................................................... 30,420
Agent II, investigations (21 positions) each.......................................... 30,420
Agent II, enforcement (29 positions) each............................................. 30,420
Agent II, tax and license............................................................................ 30,420
κ1985 Statutes of Nevada, Page 1524 (CHAPTER 498, SB 515)κ
Approximate
Title or Position Annual
Salary
Agent I, financial investigations (3 positions) each............................. $26,769
Agent I, investigations (19 positions) each........................................... 26,769
Agent I, enforcement (29 positions) each............................................... 26,769
Electronics technician, enforcement........................................................ 29,203
Agent applicant service............................................................................. 27,378
Agent I, audit (33 positions) each............................................................ 26,769
Agent I, tax and license (2 positions) each............................................. 26,769
Agent I, treasury regulations compliance (6 positions each............... 26,769
Agent I, special investigation and intelligence (2 positions) each..... 26,769
Legal researcher, gaming........................................................................... 24,336
Statistician, gaming.................................................................................... 23,119
Systems programmer.................................................................................. 31,636
Programmer-analyst.................................................................................... 29,203
13. Department of general services:
Director......................................................................................................... $48,963
Administrator, motor pool......................................................................... 36,503
14. Department of personnel:
Director......................................................................................................... $46,518
15. Department of human resources:
Director......................................................................................................... $58,101
Deputy director........................................................................................... 47,370
Chief, health planning................................................................................ 47,370
Administrator, health division.................................................................. 47,319
Medical program coordinator, Nevada mental health institute........... 73,007
Medical program coordinator, southern Nevada mental health services ..................................................................................................... 73,007
Administrator, mental hygiene and mental retardation division......... 55,530
State welfare administrator........................................................................ 49,978
Deputy administrator, mental hygiene and mental retardation division (2 positions) each.................................................................................... 49,984
*Association administrator, mental retardation..................................... 44,439
Administrator, rehabilitation division...................................................... 45,478
Administrator, youth services division................................................... 41,666
*Deputy administrator, youth services division................................... 36,480
Superintendent, childrens home (2 positions) each............................. 41,666
Administrator, aging services division................................................... 40,279
Deputy administrator, aging services (Las Vegas)................................ 38,145
Deputy administrator, aging services (Carson City)............................. 38,145
* Position is eliminated on June 30, 1985
κ1985 Statutes of Nevada, Page 1525 (CHAPTER 498, SB 515)κ
Approximate
Title or Position Annual
Salary
Superintendent, youth training center.................................................... $36,813
Superintendent, girls training center....................................................... 36,813
Chief, child care services bureau.............................................................. 29,344
16. Department of industrial relations:
Director......................................................................................................... $46,518
Assistant director....................................................................................... 45,021
Attorney....................................................................................................... 40,559
Administrator, division of industrial insurance regulation.................. 44,265
Administrator, division of occupational safety and health.................. 41,777
Administrator, division of administrative services................................ 43,324
Administrator, division of mine inspection............................................ 36,586
17. Office of the labor commissioner:
Labor commissioner................................................................................... $35,428
Deputy (Las Vegas).................................................................................... 22,766
Chief assistant............................................................................................. 20,035
18. Department of the military:
Adjutant general......................................................................................... $39,545
Director, division of emergency management........................................ 36,138
19. Department of minerals
Director......................................................................................................... $50,205
Deputy director........................................................................................... 36,053
20. Department of museums and history:
Director......................................................................................................... $35,985
Director, Nevada state museum................................................................ 33,347
Director, Nevada state museum, Las Vegas........................................... 33,347
Director, Nevada historical society.......................................................... 33,347
Assistant director, Nevada historical society........................................ 27,058
21. State board of parole commissioners:
Chairman...................................................................................................... $35,298
Parole board member, each........................................................................ 30,420
Secretary to parole board.......................................................................... 26,164
22. Office of the state public defender:
State public defender................................................................................. $49,141
Supervising public defender (office)....................................................... 46,949
Supervising public defender (trial)........................................................... 44,949
Supervising public defender (appeals).................................................... 44,949
Deputy public defender (5 positions) each............................................ 36,503
Deputy public defender (prison).............................................................. 36,503
Investigator................................................................................................. 28,660
κ1985 Statutes of Nevada, Page 1526 (CHAPTER 498, SB 515)κ
Approximate
Title or Position Annual
Salary
*Legal research assistant.......................................................................... $20,360
23. Public service commission:
Chairman...................................................................................................... $51,740
Public service commissioners (4 positions) each.................................. 48,671
Deputy commissioner................................................................................ 43,052
Senior auditor (4 positions) each............................................................. 41,389
Financial analyst......................................................................................... 42,147
Utility operation and rate specialist......................................................... 42,147
Auditor (10 positions) each...................................................................... 37,783
Staff counsel................................................................................................ 47,454
Assistant staff counsel (3 positions) each............................................. 42,147
Director, consumer affairs......................................................................... 34,070
Public education and statistical analyst.................................................. 34,497
Administrative assistant (5 positions) each........................................... 29,188
Utility rate and tariff specialist (2 positions) each................................. 33,669
Manager, engineering services................................................................ 46,968
Engineer, communications........................................................................ 44,281
Engineer, water............................................................................................ 42,147
Engineer, electric......................................................................................... 44,281
Engineer, gas pipeline safety.................................................................... 42,147
Chief auditor................................................................................................ 47,576
Director, regulatory operations................................................................ 48,671
Systems analyst.......................................................................................... 40,117
Manager, rates and tariffs......................................................................... 42,148
Manager, transportation............................................................................ 39,545
Specialist in transportation rates and tariffs........................................... 36,386
Chief transportation inspector.................................................................. 31,339
Senior analyst (2 positions) each............................................................. 37,783
Manager, consumer affairs office (Las Vegas)....................................... 31,663
Legal counsel.............................................................................................. 47,454
Secretary for policy.................................................................................... 45,629
Assistant secretary.................................................................................... 27,766
Assistant legal counsel............................................................................. 42,147
Economist.................................................................................................... 45,233
Supervising economist.............................................................................. 45,629
Resource planning engineer..................................................................... 42,147
Financial specialist..................................................................................... 42,147
Systems supervisor.................................................................................... 42,147
24. Department of taxation:
Executive director....................................................................................... $46,846
Deputy executive director......................................................................... 43,733
* Position is eliminated on June 30, 1985
κ1985 Statutes of Nevada, Page 1527 (CHAPTER 498, SB 515)κ
Approximate
Title or Position Annual
Salary
Deputy executive director......................................................................... $40,279
Deputy executive director......................................................................... 37,506
25. Commission on tourism:
Executive director....................................................................................... $48,213
Director, marketing..................................................................................... 41,960
Public information officer.......................................................................... 37,764
Business manager....................................................................................... 34,988
Development specialist, tourism (2 positions) each.............................. 37,619
Editor and publisher Nevada Magazine.................................................. 43,733
Business manager, Nevada Magazine..................................................... 34,600
Associate editor.......................................................................................... 25,000
Managing editor, division of publications............................................. 30,237
Editor, promotions, division of publications.......................................... 24,558
Market and promotion manager, division of publications................... 25,000
26. Commission on economic development:
Executive director....................................................................................... $51,346
Senior associate, industrial development............................................... 41,960
Associate, industrial development (3 1/2 positions) each................... 37,764
Director, film................................................................................................ 41,960
Associate, film............................................................................................. 18,882
27. High level nuclear waste:
Director......................................................................................................... $41,340
Chief, technical programs.......................................................................... 40,280
Chief of planning........................................................................................ 38,160
Planner.......................................................................................................... 34,000
28. Miscellaneous departments, commissions and other agencies:
Director, department of transportation.................................................... $58,000
Deputy director, department of transportation...................................... 56,500
Director, department of motor vehicles................................................... 51,348
Director, department of prisons................................................................ 60,278
Manager, state public works board......................................................... 47,211
Executive director, employment security department........................... 47,500
Director, Colorado River commission...................................................... 54,700
Executive director, state department of agriculture............................... 43,052
Chief parole and probation officer........................................................... 43,168
Deputy manager, state public works board............................................ 41,666
Director, department of wildlife................................................................ 44,091
Commissioner, local government employee-management relations board ..................................................................................................... 36,137
Executive director, state dairy commission............................................. 37,506
Taxicab administrator................................................................................. 36,503
Director, state job training office.............................................................. 36,120
Deputy director, department of motor vehicles..................................... 36,120
Director, office of community services.................................................... 39,958
Executive director, equal rights commission.......................................... 34,070
Deputy director, Colorado River commission........................................ 40,000
κ1985 Statutes of Nevada, Page 1528 (CHAPTER 498, SB 515)κ
Approximate
Title or Position Annual
Salary
Director, state occupational information coordinating committee...... 33,694
Chairman, committee to hire the handicapped....................................... 31,965
Executive secretary, Nevada athletic commission................................. 30,420
Executive director, Nevada Indian commission..................................... 30,298
Executive director, council on the arts.................................................... 29,188
Director, division of brand inspection..................................................... 30,355
Nevada commissioner for veteran affairs................................................ 27,927
Deputy director, office of community services...................................... 25,030
Nevada deputy commissioner for veteran affairs (Las Vegas)............ 23,345
Secretary, local government employee-management relations board 19,345
Industrial attorney...................................................................................... 39,863
Deputy industrial attorney........................................................................ 37,854
Deputy industrial attorney (1 or more).................................................... 35,740
Deputy industrial attorney (2 positions) each....................................... 34,678
Director, WICHE......................................................................................... 32,885
29. Supreme court:
Supervisory staff attorney........................................................................ $46,300
Deputy supervisory staff attorney.......................................................... 39,000
Clerk.............................................................................................................. 40,000
Chief deputy clerk....................................................................................... 31,500
Court administrator..................................................................................... 40,000
Deputy court administrator....................................................................... 39,000
Law librarian................................................................................................ 34,500
Law clerk (5 positions) each...................................................................... 22,549
Senior law clerk (5 positions) each........................................................... 25,931
________
Senate Bill No. 512Committee on Finance
CHAPTER 499
AN ACT authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 1985, and ending June 30, 1986, and beginning July 1, 1986, and ending June 30, 1987; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized during the fiscal years beginning July 1, 1985, and ending June 30, 1986, and beginning July 1, 1986, and ending June 30, 1987, by the various officers, departments, boards, agencies, commissions and institutions of the state government mentioned in this act:
κ1985 Statutes of Nevada, Page 1529 (CHAPTER 499, SB 512)κ
1985-86 1986-87
Office of the governor
State Jobs Training and Partnership Act office ............................................ $10,987,733 $10,987,733
Office of community services....................................... 763,721................................................................ 691,720
Community development.................................. 1,750,000................................................ 1,750,000
Community affairs.............................................. 1,197,830................................................ 1,204,692
Housing assistance........................................... 490,000................................................... 490,000
Energy conservation......................................... 300,000................................................... 300,000
Energy assistance.............................................. 4,044,811................................................ 4,044,610
Petroleum rebate account................................. 1,090,000................................................ 1,090,000
State occupational information and coordinating committee ................................................................ 156,374 160,802
Attorney general
Administration.................................................... 2,161,678................................................ 2,178,637
Office of extradition coordinator...................... 15,000..................................................... 15,000
Private detectives licensing............................ 84,924..................................................... 88,594
Crime prevention................................................ 70,701..................................................... 69,621
Consumers advocate........................................ 642,623................................................... 650,208
Treasurer.......................................................................... 127,254................................................................ 130,488
Municipal bond bank revenue......................... 13,260,638.............................................. 13,255,223
Municipal bond bank debt service.................. 13,204,638.............................................. 13,198,223
Silicosis and disabled pension fund............... 5,973,936................................................ 6,026,936
Department of administration
Budget division.................................................. 15,300..................................................... 15,900
Hearings division............................................... 803,117................................................... 795,453
Workmens compensation hearing reserve... 137,000................................................... 135,000
Risk management division................................ 3,366,132................................................ 3,341,767
Self insurance trust fund................................... 25,963,244.............................................. 25,885,315
Clerk Creek youth center................................... 43,200..................................................... 43,200
State employees workers compensation........ 4,291,247................................................ 4,313,297
Indigent accident account................................ 1,507,000................................................ 1,706,000
Department of personnel............................................... 2,405,810............................................................. 2,404,515
State unemployment compensation................ 506,916................................................... 531,601
Cooperative personnel services...................... 15,235..................................................... 15,970
Retired employees group insurance................ 607,533................................................... 719,731
Department of general services
Directors office.................................................. 64,460..................................................... 64,904
State printing office........................................... 2,220,778................................................ 2,413,295
Records management — micrographics.... 218,705............................................ 139,318
Printing office equipment........................... 156,470............................................ 179,970
Buildings and grounds division...................... 3,971,552................................................ 3,943,108
κ1985 Statutes of Nevada, Page 1530 (CHAPTER 499, SB 512)κ
1985-86 1986-87
Telephone........................................................... $3,148,458.............................................. $3,388,046
Mail..................................................................... 1,374,731.............................................................. 1,362,325
Roofing program................................................ 50,327..................................................... 35,045
Motor vehicle operations division........................ 1,562,160...................................................... 1,551,808
Motor vehicle purchase.......................................... 579,643......................................................... 594,653
Purchasing division................................................. 1,510,403...................................................... 1,415,888
Commodity food program................................. 786,512................................................... 797,762
Surplus property administration...................... 155,959................................................... 142,847
Marlette Lake............................................................ 168,522......................................................... 125,694
Water treatment plant.............................................. 223,743......................................................... 234,502
Accounting division................................................ 282,596......................................................... 292,307
Stewart facility.......................................................... 92,172........................................................... 95,431
Deferred compensation committee............................... 1,281.................................................................... 1,325
Department of tourism and economic development
Tourism division................................................ 2,943,298................................................ 3,258,175
Nevada Magazine.............................................. 1,399,710................................................ 1,462,817
Economic development division...................... 10,870..................................................... 14,416
Department of taxation................................................... 478,429................................................................ 498,249
Public work-inspection.................................................. 243,557................................................................ 398,234
Department of data processing.................................... 120,926................................................................ 124,896
Division of systems and programming........... 3,855,826................................................ 3,640,095
Division of facilities management.................... 3,026,771................................................ 3,047,672
Equal employment opportunity commission.............. 289,730................................................................ 293,738
Employees management relations board..................... 1,000.................................................................... 1,000
Legislative fund
Legal division..................................................... 550,000..................................................... 50,000
Committee on high level radioactive waste.... 111,225................................................... 110,700
Court administrator............................................ 303,000................................................... 309,759
Supreme court..................................................... 819,000................................................... 852,000
Uniform system of judicial records.................. 431,000................................................... 552,353
Law library........................................................... 2,500....................................................... 2,500
Judicial education.............................................. 293,000................................................... 304,000
District judges travel........................................ 19,717..................................................... 19,717
Public defender................................................... 490,632................................................... 499,727
Department of education
Education: State programs................................ 77,937..................................................... 77,984
κ1985 Statutes of Nevada, Page 1531 (CHAPTER 499, SB 512)κ
1985-86 1986-87
Educational Consolidation and Improvement Act, Chapter II — State programs............... $444,924................................................. $463,618
Proficiency testing............................................. 41,283..................................................... 42,393
Job Training and Partnership Act................... 590,042................................................... 590,222
Education for the Handicapped Act — Title VI ................................................ 3,301,015 3,491,076
Education Consolidation and Improvement Act — Chapter I............................................... 7,385,967................................................ 7,771,714
Education Consolidation and Improvement Act — Chapter 2 — Block grants.................... 2,080,184................................................ 2,081,202
Support services................................................ 98,889................................................... 569,236
Vocational education ........................................ 2,705,705................................................ 2,862,176
Child nutrition program..................................... 7,185,681................................................ 7,758,313
Adult basic education....................................... 475,000................................................... 475,000
Higher education student loan........................ 4,665,786................................................ 5,544,229
Discretionary grants program.......................... 178,072................................................... 143,677
Teacher training for handicapped children.... 128,102................................................... 140,789
Commission on postsecondary authorization............ 74,217.................................................................. 76,375
University of Nevada System
Desert research institute................................... 1,900....................................................... 1,900
System administration....................................... 69,429..................................................... 69,429
Agriculture experiment station......................... 1,191,789................................................ 1,228,317
Cooperative extension service......................... 1,204,651................................................ 1,271,880
University of Nevada, Reno............................. 7,452,829................................................ 7,477,622
School of medical sciences............................... 1,315,184................................................ 1,317,184
University of Nevada, Las Vegas.................... 7,354,300................................................ 7,566,530
Clark County community college..................... 1,926,100................................................ 1,979,700
Western Nevada community college.............. 537,648................................................... 553,616
Truckee Meadows community college........... 1,355,630................................................ 1,395,135
Northern Nevada community college............. 221,605................................................... 224,355
κ1985 Statutes of Nevada, Page 1532 (CHAPTER 499, SB 512)κ
1985-86 1986-87
W.I.C.H.E. loan fund.......................................... $900,116................................................. $894,489
Nevada railroad museum................................... 4,500....................................................... 9,750
Lost City museum.............................................. 7,000....................................................... 8,000
Nevada state museum....................................... 129,902................................................... 131,402
Nevada museum and historical society.......... 2,050....................................................... 2,400
Nevada council on the arts............................... 417,270................................................... 417,270
State library and archives................................. 493,500................................................... 543,500
Division of archives and records..................... 2,500....................................................... 3,000
Department of human resources
Health care evaluation....................................... 340,242................................................... 340,242
Aging services................................................... 4,206,207................................................ 4,247,176
Radioactive material disposal........................... 1,724,691................................................ 1,987,691
Northern Nevada childrens home.................. 74,841..................................................... 77,220
Southern Nevada childrens home.................. 75,541..................................................... 77,920
Child care services bureau................................ 2,200....................................................... 2,200
Nevada youth training center.......................... 123,750................................................... 123,750
Youth parole....................................................... 13,632..................................................... 14,177
Youth training center — ECIA — Chapters 1 and 2 ............................................ 156,328 166,790
Youth training center farm......................... 5,000................................................ 5,000
Girls training center............................................ 37,629..................................................... 37,629
Health division
Office of the state health officer................ 149,217............................................ 151,649
Silicosis program......................................... 56,232.............................................. 35,232
Vital statistics............................................... 101,254............................................ 105,946
Bureau of health facilities........................... 346,150............................................ 356,345
Family planning........................................... 231,469............................................ 240,063
Bureau of laboratory and research........... 239,500............................................ 245,500
Womens, infants and childrens food supplement program........................................... 6,127,798......................................... 6,375,567
Bureau of childrens health services........ 960,832............................................ 970,290
Special childrens clinic.............................. 265,985............................................ 271,485
Bureau of community health services...... 461,169............................................ 480,703
Emergency medical services...................... 82,000.............................................. 85,000
Health aid to counties................................. 75,913.............................................. 75,913
κ1985 Statutes of Nevada, Page 1533 (CHAPTER 499, SB 512)κ
1985-86 1986-87
Venereal disease control............................ $228,000.......................................... $238,000
Immunization program................................ 179,353............................................ 186,705
Consumer protection.................................. 547,100............................................ 523,700
T.B. control................................................... 40,000.............................................. 40,000
Uranium mills licensing............................... 250,219............................................ 250,227
Cancer control registry............................... 52,500.............................................. 52,500
Mental hygiene and mental retardation
Division of mental hygiene and mental retardation ............................................ 186,995 97,600
Nevada mental health institute.................. 2,361,000......................................... 2,439,370
Facility for the mental offender................. 5,500................................................ 5,500
Rural clinics.................................................. 2,781,658......................................... 2,447,285
Southern Nevada adult mental health services ......................................... 1,343,022 1,872,105
Southern Nevada child and adolescent services ......................................... 1,032,862 1,085,184
Southern MH/MR food service................ 409,883............................................ 446,231
Northern Nevada child and adolescent services ............................................ 832,432 846,119
Chapter 1 — Special education project...... 267,070............................................ 266,930
Southern mental retardation services....... 4,361,523......................................... 4,516,392
Northern mental retardation services....... 3,670,172......................................... 3,811,649
Community training centers....................... 829,989............................................ 899,955
Older Americans program.......................... 281,027............................................ 284,559
Resident placement..................................... 2,505,864......................................... 2,549,773
Victims of domestic violence..................... 625,000............................................ 650,000
Welfare division
Administration............................................. 10,023,106....................................... 10,182,094
Child welfare................................................. 1,923,026......................................... 2,138,364
Assistance to aged and blind.................... 3,000................................................ 3,000
Food stamp program................................... 2,004,441......................................... 2,061,684
κ1985 Statutes of Nevada, Page 1534 (CHAPTER 499, SB 512)κ
1985-86 1986-87
Aid to dependent children......................... $6,919,608....................................... $6,929,640
State aid to the medically indigent............ 47,519,910....................................... 50,117,650
Homemaking services................................. 815,450............................................ 886,810
Special welfare grants................................. 55,835.............................................. 58,035
Child support enforcement........................ 5,278,703......................................... 5,527,268
Public assistance trust................................ 30,000.............................................. 30,000
Purchase of social services........................ 12,221,984....................................... 11,890,803
Child welfare trust....................................... 405,000............................................ 405,000
Refugee program......................................... 736,526............................................ 887,030
Child protection........................................... 109,626............................................ 119,973
Work incentive program............................. 103,236............................................ 102,710
Rehabilitation division
Administration............................................. 725,930............................................ 738,461
Vocational rehabilitation............................ 3,582,685......................................... 3,585,662
Hearing device program............................. 408,964............................................ 312,089
Services to the blind................................... 848,539............................................ 851,963
Business enterprise contingency fund.... 750,842............................................ 736,655
Rehabilitation facilities............................... 364,267............................................ 328,761
Alcoholism and drug rehabilitation.......... 1,540,376......................................... 1,540,376
Alcohol gift fund......................................... 657,250............................................ 657,250
Bureau of disability adjudication.............. 2,754,055......................................... 2,864,167
Disability hearings unit.............................. 142,575............................................ 147,729
Developmental disabilities......................... 335,933............................................ 322,026
Department of the military
Departmental....................................................... 893,897................................................... 919,433
Adjutant generals construction fund............ 22,659..................................................... 22,659
Division of emergency management............... 143,590................................................... 146,308
Emergency management federal grants... 599,870............................................ 619,740
Emergency management assistance program ............................................ 265,000 280,900
Nevada state prison
Office of the director.......................................... 270,140................................................... 297,849
Prison industries................................................ 563,783................................................... 612,840
Prison warehouse account............................... 2,500,000................................................ 3,000,000
Nevada state prison........................................... 363,812................................................... 416,921
κ1985 Statutes of Nevada, Page 1535 (CHAPTER 499, SB 512)κ
1985-86 1986-87
Northern Nevada correctional center.............. $190,052................................................. $194,114
Southern Nevada correctional center............. 55,835..................................................... 56,154
Southern desert correctional center................ 90,236..................................................... 90,598
Nevada womens correctional center.............. 34,879..................................................... 35,093
Offenders store fund........................................ 308,871................................................... 334,660
Northern honor camp........................................ 113,344................................................... 120,171
Lincoln honor camp........................................... 690.......................................................... 803
Southern desert honor camp............................ 1,572....................................................... 1,914
Wells honor camp.............................................. 690.......................................................... 803
Northwestern honor camp................................ 240.......................................................... 803
Ely honor camp................................................... 690.......................................................... 803
Southern honor camp........................................ 240.......................................................... 803
Yerington honor camp....................................... 240.......................................................... 803
Northern restitution center............................... 201,578................................................... 213,274
Southern restitution center............................... 184,779................................................... 195,501
Prison dairy......................................................... 631,033................................................... 592,199
Parole and probation................................................ 332,951......................................................... 397,344
Department of commerce
Directors office.................................................. 37,000..................................................... 37,000
Manufactured housing division...................... 565,073................................................... 571,727
Manufactured housing education and recovery ................................................... 300,000 300,000
Division of financial institutions..................... 185,469................................................... 184,082
Financial institutions investigations........ 35,095.............................................. 35,347
Mortgage company license fee................. 40,000.............................................. 40,000
Insurance division............................................. 228,500................................................... 228,500
Insurance fraud section.............................. 236,373............................................ 237,983
National association of insurance commissioners .............................................. 27,160 27,960
Prepaid funeral and cemetery fund........... 3,753................................................ 3,841
Self-insurance — workers compensation.. 84,241.............................................. 87,568
Insurance examiners.................................... 1,091,217......................................... 1,091,500
Insurance recovery fund............................ 40,000.............................................. 40,000
Insurance education and research............ 86,968.............................................. 88,604
Consumer affairs................................................ 13,185..................................................... 13,439
κ1985 Statutes of Nevada, Page 1536 (CHAPTER 499, SB 512)κ
1985-86 1986-87
Consumer affairs restitution...................... $29,000............................................ $29,000
Disability and advocacy program.................... 150,000................................................... 158,536
Fire marshal......................................................... 142,100................................................... 139,720
Fire service training .......................................... 81,444..................................................... 84,701
Real estate division............................................ 230,982................................................... 147,991
Real estate education and research.......... 101,907............................................ 120,640
Real estate recovery.................................... 235,640............................................ 196,200
Real estate investigative fund................... 20,000.............................................. 20,000
Unclaimed property section............................. 22,830..................................................... 29,350
Housing division................................................ 2,429,739................................................ 2,444,962
Gaming control board.............................................. 1,292,095...................................................... 1,292,347
Gaming control board investigative fund............. 3,032,000...................................................... 3,032,000
Racing commission.................................................. 14,889........................................................... 16,718
Dairy commission..................................................... 766,473......................................................... 818,661
Public service commission...................................... 4,409,463...................................................... 4,595,100
Department of industrial relations......................... 1,173,032...................................................... 1,198,736
Division of occupational safety and health... 1,842,335................................................ 1,868,845
Division of mine inspection.............................. 402,406................................................... 411,657
Taxicab authority...................................................... 1,357,746...................................................... 1,363,261
Colorado River commission.................................... 628,944......................................................... 552,585
Power and water fund........................................ 22,200,000.............................................. 22,200,000
Water treatment facility..................................... 10,515,000.............................................. 11,620,000
Federal pumping and transmission facility.... 17,310,000.............................................. 18,415,000
Research and development.............................. 98,594................................................... 106,124
Fort Mohave development fund...................... 1,349,465................................................ 5,520,865
Department of conservation and natural resources
Environmental protection................................. 1,209,394................................................ 1,215,172
Division of state lands...................................... 11,098..................................................... 11,834
Division of historic preservation and archeology ................................................... 675,216 678,736
Division of state parks...................................... 1,466,139................................................ 1,489,424
State park planning and development...... 390,500............................................ 370,500
Division of forestry............................................ 493,115................................................... 510,264
Forestry intergovernmental agreement.... 915,827......................................... 1,192,493
Rural fire departments................................. 10,000.............................................. 10,000
κ1985 Statutes of Nevada, Page 1537 (CHAPTER 499, SB 512)κ
1985-86 1986-87
Forestry honor camp................................... $208,000.......................................... $215,000
Forestry nurseries....................................... 176,490............................................ 178,558
Forest fire suppression............................... 250,000............................................ 250,000
Forest and watershed rehabilitation......... 5,000................................................ 5,000
Heil wild horse bequest..................................... 1,229,365................................................ 1,354,365
Carey Act trust fund.......................................... 61,086..................................................... 98,586
Conservation districts....................................... 250.......................................................... 250
Department of minerals............................................ 377,163......................................................... 349,770
Department of wildlife.............................................. 8,937,191...................................................... 9,066,199
Boat program...................................................... 1,111,789................................................... 889,448
Department of agriculture
Plant industry fund............................................ 118,100................................................... 122,050
Apiary inspection fund..................................... 28,542..................................................... 33,655
Agriculture registration and enforcement fund ................................................... 315,413 331,424
Livestock inspection fund................................ 680,484................................................... 704,870
Grading and certification of agriculture products ..................................................... 92,932 92,161
Insect abatement................................................ 90,000................................................... 122,844
Alfalfa seed research......................................... 20,316..................................................... 24,486
Veterinary medical services.............................. 52,862..................................................... 52,862
Rural rehabilitation trust................................... 79,390..................................................... 87,490
Nevada beef council................................................ 66,026........................................................... 62,847
Predatory animal and rodent control..................... 30,000........................................................... 30,000
Sheep commission.................................................... 45,221........................................................... 48,721
Woolgrowers predatory animal control................ 51,420........................................................... 35,406
Grazing boards.......................................................... 33,000........................................................... 33,000
Department of transportation................................. 210,379,807.................................................. 190,032,660
Department of motor vehicles
Directors office.................................................. 76,778....................................................... 2,000
Record search program..................................... 1,250,000................................................ 1,350,000
Drivers license................................................... 343,750................................................... 295,000
Automation division.......................................... 78,272..................................................... 78,272
Investigation division....................................... 40,025........................................................... -0-
Highway patrol special fund............................ 6,035,981................................................ 5,588,381
Highway patrol communication section......... 825,890................................................... 946,715
Motor vehicle pollution control....................... 1,707,507................................................ 1,782,421
Criminal history repository............................... 92,996................................................... 159,250
Peace officers standards and training........... 180,306................................................... 175,003
Criminal law manual........................................... 16,705..................................................... 16,705
Traffic safety....................................................... 333,326................................................... 337,672
Registration division......................................... 186,000................................................... 200,000
Traffic safety — federal grants.......................... 1,173,608................................................ 1,173,608
Justice assistance act........................................ 409,000................................................... 409,000
κ1985 Statutes of Nevada, Page 1538 (CHAPTER 499, SB 512)κ
1985-86 1986-87
Public employees retirement fund............................... $1,830,190........................................................... $1,822,895
State industrial insurance system................................ 20,642,162........................................................... 21,206,881
Rehabilitation center.......................................... 4,744,448................................................ 4,957,797
Equipment purchases........................................ 722,315................................................... 681,747
Industrial attorney.......................................................... 427,616................................................................ 418,072
Employment security department................................. 21,975,406........................................................... 21,572,445
Employment security fund................................ 1,315,120................................................ 1,785,120
Old-age survivors insurance administration.. 13,115..................................................... 13,390
Victims of crime.................................................. 763,900................................................... 861,700
Rural housing..................................................... 282,364................................................... 300,826
Professional and vocational boards
Board of accountancy....................................... 254,685................................................... 263,000
Board of architecture......................................... 124,167................................................... 124,167
Board of landscape architects.......................... 17,434..................................................... 17,434
Barbers health and sanitation board.............. 28,140..................................................... 28,140
Board of chiropractic examiners....................... 50,500..................................................... 50,500
Contractors board............................................. 1,274,000................................................ 1,274,000
Board of cosmetology....................................... 179,919................................................... 151,738
Board of dental examiners................................. 122,158................................................... 123,895
Board of registered professional engineers... 190,000................................................... 195,000
Board of funeral directors and embalmers...... 3,500....................................................... 3,500
Board of hearing aid specialists....................... 2,400....................................................... 2,400
Liquefied petroleum gas board........................ 43,380..................................................... 43,380
Board of medical examiners.............................. 399,226................................................... 449,163
Board of nursing................................................ 176,200................................................... 180,000
Board of dispensing opticians......................... 9,500....................................................... 9,500
Board of optometry............................................ 18,500..................................................... 18,500
Board of osteopathic medicine........................ 20,000..................................................... 20,000
Board of pharmacy............................................. 334,800................................................... 372,100
Board of physical therapy examiners.............. 9,350....................................................... 9,350
Board of Oriental medicine............................... 11,212..................................................... 11,212
Board of podiatry............................................... 6,235....................................................... 6,235
Board of psychological examiners................... 10,000..................................................... 10,000
Board of examiners in veterinary medicine..... 41,000..................................................... 41,000
Sec. 2. 1. Expenditure of $12,127,594 by the state gaming control board from the state general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1985, and ending June 30, 1986.
κ1985 Statutes of Nevada, Page 1539 (CHAPTER 499, SB 512)κ
2. Expenditure of $12,658,419 by the state gaming control board from the state general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1986, and ending June 30, 1987.
Sec. 3. The money authorized to be expended by the provisions of sections 1 and 2 of this act (except the legislative fund and judicial agencies) must be expended in accordance with the allotment transfer, work-program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
Sec. 4. 1. Except as provided in subsection 2 and limited by section 5, and in accordance with the provisions of NRS 353.220, the chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amounts authorized in sections 1 and 2 of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which he determines is in excess of the amount so taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that money to be received will be less than the amount so authorized in sections 1 and 2 of this act.
2. The director of the legislative counsel bureau may, with the approval of the legislative commission, authorize the augmentation of the amount authorized in section 1 of this act to the legislative fund for expenditure by the legislative counsel bureau from any source which he determines is in excess of the amount so taken into consideration by this act. The director of the legislative counsel bureau shall reduce the authorization whenever he determines that money to be received will be less than the amount so authorized in section 1 of this act.
Sec. 5. Except as otherwise provided in section 6, where the operation of an office, department, board, agency, commission, institution or program is financed by an appropriation or appropriations from the state general fund as well as by money received from other sources, the portion provided by appropriation from the state general fund must be decreased to the extent that the receipts of the money from other sources is exceeded, but such a decrease must not jeopardize the receipts of such money as is to be received from other sources.
Sec. 6. The University of Nevada System may expend any additional fees collected from the registration of students, resident or nonresident, in addition to the following amounts for the respective fiscal years:
1985-86 1986-87
University of Nevada, Reno............................. $6,320,458.............................................. $6,344,617
University of Nevada, Las Vegas.................... 6,736,455................................................ 6,938,685
Clark County community college..................... 1,681,800................................................ 1,735,400
Western Nevada community college.............. 512,073................................................... 528,041
Truckee Meadows community college........... 1,304,840................................................ 1,344,345
Northern Nevada community college............. 206,750................................................... 209,500
School of medical sciences............................... 865,184................................................... 867,184
κ1985 Statutes of Nevada, Page 1540 (CHAPTER 499, SB 512)κ
Sec. 7. Whenever claims which are payable and properly approved exceed the amount of cash in the wildlife account in the state general fund, the state controller may, with the approval of the chief of the budget division of the department of administration, transfer temporarily from the state general fund to the wildlife account such an amount as may be required to pay the claims, but not to exceed the amount receivable from the Federal Government and estimated revenue from license fees receivable in the same fiscal year as authorized in section 1 of this act.
Sec. 8. In addition to the amounts authorized in section 1 of this act, the insurance division of the department of commerce is authorized to expend the following amounts collected as a result of Assembly Bill No. 696 of this session, if it is finally approved, for the administration of claims for medical malpractice:
For the fiscal year 1985-1986........................................................................... $71,319
For the fiscal year 1986-1987............................................................................. 61,064
________
Senate Bill No. 253Committee on Commerce and Labor
CHAPTER 500
AN ACT relating to chiropractors; specifying the treatment of injured employees for which they must be reimbursed; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 616.1725 is hereby amended to read as follows:
616.1725 The system may:
1. Use its assets to pay medical expenses, rehabilitation expenses, compensation due claimants of insured employers, and to pay salaries, administrative and other expenses.
2. Rent, lease, buy or sell property in the name of the State of Nevada, and construct and repair buildings as necessary to provide facilities for its operations.
3. Sue and be sued in its own name.
4. Enter into contracts relating to the administration of the system.
5. Contract with physicians, [surgeons,] chiropractors, hospitals, and [rehabilitation] facilities for rehabilitation for medical, surgical, and rehabilitative evaluation, treatment, care and nursing of injured persons entitled to benefits from the system.
6. Contract for the services of experts and other specialists as required by the system.
κ1985 Statutes of Nevada, Page 1541 (CHAPTER 500, SB 253)κ
7. Provide for safety inspections and furnish advisory services to policyholders on measures to promote safety and health.
8. Act in collecting and disbursing money necessary to administer and conduct the business of the system.
9. Adopt regulations relating to the conduct of the business of the system.
10. Hire personnel to accomplish its purposes and operations.
11. [Fix the salaries of all persons so hired in accordance with the pay plan of the state for the classified service. No employee so hired may be removed except in the manner provided for the classified service of the state.
12.] Perform all the functions which are necessary or appropriate to carry out the administration of this chapter and chapter 617 of NRS.
Sec. 2. NRS 616.222 is hereby amended to read as follows:
616.222 1. To aid in [getting injured workmen back] returning an injured employee to work or to assist in lessening or removing any resulting handicap, the insurer may order counseling, training or rehabilitative services for the injured [worker] employee regardless of the date on which [such workman] he first became entitled to compensation.
2. Before ordering rehabilitative services for an injured [worker] employee there must first be a consultation with the injured [worker] employee and the treating physician or [physicians] chiropractor with respect to whether the proposed program is compatible with the injured [workers] employees age, sex and physical condition. If the services will involve a change in vocation, the consultation must also include the employer and a rehabilitation counselor.
3. Any [workman] employee eligible for compensation other than accident benefits may not be paid those benefits if he refuses counseling, training or other rehabilitative services offered by the insurer.
Sec. 3. NRS 616.223 is hereby amended to read as follows:
616.223 1. The system and the rehabilitation division of the department of human resources shall annually enter into an agreement which provides for procedures, services, rates, standards for referrals and requirements for reports to ensure cooperation in the providing of services by each agency to persons served by the other when those services are available.
2. The system may enter into agreements with [other] :
(a) Other public agencies and with private entities to provide assistance to employees who have suffered industrial injuries or occupational diseases [.
3. The system may enter into agreements with health] ; and
(b) Health and care facilities to provide services for rehabilitation to patients of the health and care facilities in facilities operated by the system.
[4.] 3. Except as provided in this subsection, the system may admit to any of its facilities any person:
κ1985 Statutes of Nevada, Page 1542 (CHAPTER 500, SB 253)κ
(a) Who may benefit from its services;
(b) Who has been referred by a physician [for the purpose of receiving] or chiropractor to receive services for rehabilitation; and
(c) Whose admission is approved by the medical director of the facility.
A person who is not a claimant must not be admitted to a facility if he is terminally ill or referred solely for treatment of alcohol or drug abuse.
[5.] 4. In providing services under an agreement entered into pursuant to this section, the system must give priority to employees who have suffered industrial injuries or occupational diseases. In accepting other persons for the purpose of providing services for rehabilitation, the system may restrict admissions to those persons who are suffering from injuries similar to industrial injuries.
[6.] 5. Charges for patients who are not claimants of benefits for industrial injuries or occupational diseases must be the same as the charges made for claimants, except that the system may add a reasonable charge for administration of each case.
Sec. 4. NRS 616.342 is hereby amended to read as follows:
616.342 1. The administrator may appoint physicians and chiropractors who have demonstrated special competence and interest in industrial health to treat injured employees under this chapter. Physicians and chiropractors so appointed constitute a panel of physicians [,] and chiropractors, and every employer shall maintain a list of those [panel] physicians and chiropractors on the panel who are reasonably accessible to his employees.
2. An injured employee may choose his treating physician or chiropractor from the panel of physicians [.] and chiropractors. If the injured employee is not satisfied with the first physician or chiropractor he so chooses, he may make an alternative choice of physician or chiropractor from the panel if the choice is made within 90 days after his injury. Any further change is subject to the approval of the insurer.
3. Except when emergency medical care is required and except as provided in NRS 616.502, the insurer is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician , chiropractor or other person selected by the employee in disregard of the provisions of this section or for any compensation for any aggravation of the employees injury attributable to improper treatments by such physician, chiropractor or other person.
4. The administrator may order necessary changes in a panel of physicians [,] and chiropractors and may suspend or remove any physician or chiropractor from a panel . [of physicians.]
Sec. 5. NRS 616.345 is hereby amended to read as follows:
616.345 1. Every employer within the provisions of this chapter, and every physician or chiropractor who attends an injured employee within the provisions of this chapter, shall file with the insurer a full report of every known injury to the employee arising out of and in the course of his employment and resulting in his loss of life or injury .
κ1985 Statutes of Nevada, Page 1543 (CHAPTER 500, SB 253)κ
course of his employment and resulting in his loss of life or injury . [to the person.]
2. Reports must be furnished to the insurer in the form prescribed and must contain special answers to all questions required by the regulations of the department.
Sec. 6. NRS 616.350 is hereby amended to read as follows:
616.350 The physician or chiropractor shall inform the injured [workman] employee of his rights under this chapter and lend all necessary assistance in making application for compensation and such proof of other matters as required by the rules of the department, without charge to the [workman.] employee.
Sec. 7. NRS 616.353 is hereby amended to read as follows:
616.353 The insurer shall not authorize the payment of any money to a physician or chiropractor for [professional] services rendered by him in attending an injured employee until an itemized statement for the services has been received by the insurer accompanied by a certificate of the physician or chiropractor stating that a duplicate of the itemized statement has been mailed or personally delivered to the employer of the injured employee.
Sec. 8. NRS 616.355 is hereby amended to read as follows:
616.355 1. Any physician [, having attended] or chiropractor who attends an employee within the provisions of this chapter or chapter 617 of NRS in a professional capacity, may be required to testify before an appeals officer. A physician or chiropractor who testifies is entitled to receive the same fees as witnesses in civil cases and, if the appeals officer so orders at his own discretion, a fee equal to that authorized for a consultation by the appropriate schedule of fees for physicians [.] or chiropractors. These fees must be paid by the system or the self-insured employer.
2. Information gained by the attending physician or chiropractor while in attendance on the injured employee is not a privileged communication if required by an appeals officer for a proper understanding of the case and a determination of the rights involved.
Sec. 9. NRS 616.360 is hereby amended to read as follows:
616.360 1. Whenever any accident occurs to any employee, he shall forthwith report the accident and the injury resulting therefrom to his employer.
2. When an employer learns of an accident, whether or not it is reported, the employer may direct the employee to submit to, or the employee may request, an examination by a physician or chiropractor, in order to ascertain the character and extent of the injury and render medical attention which is required immediately. The employer may furnish the names, addresses and telephone numbers of one or more physicians [,] or chiropractors, but may not require the employee to select any particular physician [.] or chiropractor. Thereupon, the examining physician or chiropractor shall report forthwith to the employer and to the insurer the character and extent of the injury. The employer shall not require the employee to disclose or permit the disclosure of any other information concerning his physical condition.
κ1985 Statutes of Nevada, Page 1544 (CHAPTER 500, SB 253)κ
not require the employee to disclose or permit the disclosure of any other information concerning his physical condition.
3. Further medical attention, except as otherwise provided in NRS 616.415, must be authorized by the insurer.
4. This section does not prohibit an employer from requiring the employee to submit to an examination by a physician or chiropractor specified by the employer at any convenient time after medical attention which is required immediately has been completed.
Sec. 10. NRS 616.365 is hereby amended to read as follows:
616.365 If the accident and injury are not reported by the employee or his physician or chiropractor forthwith, as described in this chapter or if the injured employee or those in charge of him (the injured employee being a party to the refusal) refuse to permit the treating physician [so designated] or chiropractor to make an examination and to render medical attention as may be required immediately, no compensation may be paid for the injury claimed to result from the accident; but the insurer may relieve the injured person or his dependents from loss or forfeiture of compensation if he finds that:
1. The circumstances attending the failure on the part of the employee, or of his physician [,] or chiropractor, to report the accident and injury are such as to have excused the employee and his physician or chiropractor for the failure so to [so] report; and
2. Relieving the employee or his dependents from the consequences of the failure to report will not result in an unwarrantable charge against the insurer.
Sec. 11. NRS 616.415 is hereby amended to read as follows:
616.415 1. Except as otherwise provided in NRS 616.421, every employer operating under this chapter, alone or together with other employers, may make arrangements [for the purpose of providing] to provide accident benefits as defined in this chapter for injured employees.
2. Employers electing to make such arrangements shall notify the administrator of the election and render a detailed statement of the arrangements made, which arrangements do not become effective until approved by the administrator.
3. Every employer who maintains a hospital of any kind for his employees, or who contracts [with a physician] for the hospital care of injured employees, shall, on or before January 30 of each year, make a written report to the administrator for the preceding year, which [report] must contain a statement showing:
(a) The total amount of hospital fees collected, showing separately the amount contributed by the employees and the amount contributed by the employers;
(b) An itemized account of the expenditures, investments or other disposition of such fees; and
(c) What balance, if any, remains.
The reports must be verified by the employer, if a natural person; by a member, if a partnership; by the secretary, president, general manager or other executive officer, if a corporation; by the physician [,] or chiropractor, if contracted to a physician [.]
κ1985 Statutes of Nevada, Page 1545 (CHAPTER 500, SB 253)κ
or other executive officer, if a corporation; by the physician [,] or chiropractor, if contracted to a physician [.] or chiropractor.
4. No employee is required to accept the services of a physician or chiropractor provided by his employer, but may seek professional medical services of his choice as provided in NRS 616.342. Expenses arising from such medical services must be paid by the employer who has elected to provide benefits, pursuant to the provisions of this section, for his injured employees.
5. Every employer who fails to notify the administrator of such election and arrangements, or who fails to render the financial report required, is liable for accident benefits as provided by NRS 616.410.
Sec. 12. NRS 616.417 is hereby amended to read as follows:
616.417 1. Every employer who has elected to provide accident benefits for his injured employees shall prepare and submit a written report to the administrator:
(a) Within 6 days after any accident if an injured employee is examined or treated by a physician [;] or chiropractor; and
(b) If the injured employee receives additional medical services.
2. The administrator shall review each report to determine whether the employer is furnishing the accident benefits required by this chapter.
3. The content and form of the written reports must be prescribed by the administrator.
Sec. 13. NRS 616.420 is hereby amended to read as follows:
616.420 1. If the administrator finds that the employer is furnishing the requirements of accident benefits in such a manner that there are reasonable grounds for believing that the health, life or recovery of the employee is being endangered or impaired thereby, or that an employer has failed to provide benefits pursuant to NRS 616.415 for which he has made arrangements, the administrator may, upon application of the employee, or upon his own motion, order a change of physicians or chiropractors or of any other requirements of accident [benefit requirements.] benefits.
2. If the administrator orders a change of physicians or chiropractors or of any other accident benefits, the cost of the change must be borne by the system or the self-insured employer.
3. The cause of action of an insured employee against an employer insured by the system must be assigned to the system.
Sec. 14. NRS 616.421 is hereby amended to read as follows:
616.421 The administrator may withdraw his approval of an employers providing accident benefits for his employees and require the employer to pay the premium collected pursuant to NRS 616.410 if the employer intentionally:
1. Determines incorrectly that a claimed injury did not arise out of and in the course of the employees employment;
2. Fails to advise an injured employee of his rights under this chapter;
3. Impedes the determination of disability or benefits by delaying a needed change of an injured employees physician [;] or chiropractor;
κ1985 Statutes of Nevada, Page 1546 (CHAPTER 500, SB 253)κ
4. Causes an injured employee to file a legal action to recover any compensation or other medical benefits due him from the employer;
5. Violates any of his or the departments regulations regarding the provision of accident benefits by employers; or
6. Discriminates against an employee who claims benefits under this chapter.
Sec. 15. NRS 616.502 is hereby amended to read as follows:
616.502 The insurer may not:
1. Deny responsibility under this chapter for any charges for treatment of the injuries or disease of an employee solely because the treatment was provided by a [person licensed to practice chiropractic pursuant to chapter 634 of NRS] physician or chiropractor who is not a member of the panel of physicians [.] and chiropractors.
2. In accepting responsibility for any such charges, use fee schedules which unfairly discriminate [against a person legally qualified to provide the treatment, solely because he is licensed to practice chiropractic pursuant to chapter 634 of NRS and is not a member of the panel of physicians.] among physicians and chiropractors.
Sec. 16. NRS 616.535 is hereby amended to read as follows:
616.535 1. Any employee who is entitled to receive compensation under this chapter shall, if:
(a) Requested by the insurer; or
(b) Ordered by an appeals officer or a hearing officer,
submit himself for medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the regulations of the department.
2. The request or order for the examination must fix a time and place therefor, with due regard [being had to] for the nature of the medical examination, the convenience of the employee, his physical condition and his ability to attend at the time and place fixed.
3. The employee is entitled to have a physician [,] or chiropractor, provided and paid for by him, present at any such examination.
4. If the employee refuses to submit to any such examination or obstructs it, his right to compensation is suspended until the examination has taken place, and no compensation is payable during or for the period of suspension.
5. Any physician or chiropractor who makes or is present at any such examination may be required to testify as to the result thereof.
Sec. 17. NRS 616.540 is hereby amended to read as follows:
616.540 1. If on a claim for compensation by an injured employee any medical question or the extent of disability of an injured employee is in controversy, an appeals officer or the insurer may refer the case to the medical board which serves the appropriate [medical board] district.
2. The medical board, shall upon such reference, notify the injured employee of the time and place set for examination and investigation into the medical question or determination of the extent of disability. At the time set, the medical board shall make a thorough examination of the injured employee, who may have a physician or chiropractor of his own choosing in attendance .[,
κ1985 Statutes of Nevada, Page 1547 (CHAPTER 500, SB 253)κ
the time set, the medical board shall make a thorough examination of the injured employee, who may have a physician or chiropractor of his own choosing in attendance .[, and forthwith, in] In a joint report, if all of the medical board members are in agreement, the members shall submit their findings, conclusions and recommendations, concerning medical questions only, to the person who referred the case.
3. Should the medical board not be in agreement as to the findings, conclusions and recommendations, the members of the medical board shall submit separate reports, concerning medical questions only, to the person who referred the case.
Sec. 18. NRS 616.5416 is hereby amended to read as follows:
616.5416 1. The hearing officer shall [, within] :
(a) 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] ; and
(b) 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.] 2. If necessary to resolve a medical question concerning an injured employees condition, the hearing officer may refer the employee to a physician or chiropractor 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 or chiropractor designated by the administrator. The insurer shall pay the costs of any medical examination requested by the hearing officer.
[4.] 3. 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.] 4. 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.] 5. 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. 19. NRS 616.545 is hereby amended to read as follows:
616.545 1. If a change of circumstances warrants an increase or rearrangement of compensation during the life of an injured [workman,] employee, application may be made therefor. The application must be in writing and accompanied by the certificate of a physician, or a chiropractor [if the change in circumstances reasonably indicates treatment that is within the lawful scope of chiropractic,] showing a change of circumstances which would warrant an increase or rearrangement of compensation. No increase or rearrangement is effective before the application is made unless good cause is shown. The insurer shall, upon good cause shown, allow the cost of emergency treatment the necessity for which has been certified by a physician or a chiropractor.
κ1985 Statutes of Nevada, Page 1548 (CHAPTER 500, SB 253)κ
treatment the necessity for which has been certified by a physician or a chiropractor.
2. After a claim has been closed, the insurer, upon receiving an application and for good cause shown, may authorize the reopening of the claim for medical investigation only. The application must be accompanied by a written request for treatment from the [claimants] physician or chiropractor [,] treating the claimant, certifying that the treatment is indicated by a change in circumstances and is related to the industrial injury sustained by the claimant.
Sec. 20. NRS 616.585 is hereby amended to read as follows:
616.585 1. Every employee in the employ of an employer, within the provisions of this chapter, who is injured by accident arising out of and in the course of employment, or his dependents, is entitled to receive [the following compensation for temporary total disability:
1. During] for the period of temporary total disability, 66 2/3 percent of the average monthly wage.
2. Any increase in compensation and benefits effected by the amendment of subsection 1 is not retroactive.
3. For purposes of benefits for a temporary total disability under this section, the period of temporary total disability ceases when any physician or chiropractor determines that the employee is capable of any gainful employment.
Sec. 21. NRS 616.650 is hereby amended to read as follows:
616.650 Any person, firm or corporation, agent or officer of any firm or corporation, or any attending physician [or surgeon] or chiropractor who fails or refuses to comply with the provisions of NRS 616.345 shall be fined not more than $250.
Sec. 22. Section 18 of this act becomes effective at 12:02 a.m. on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 1549κ
Senate Bill No. 499Committee on Commerce and Labor
CHAPTER 501
AN ACT relating to insurance brokers; authorizing a fee for financial planning or consulting on the purchase of life or health insurance; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 686A.230 is hereby amended to read as follows:
686A.230 1. [No person may] A person shall not willfully collect any sum as a premium or charge for insurance which is not then provided or is not in due course to be provided (subject to acceptance of the risk by the insurer) by an insurance policy issued by an insurer as authorized by this code.
2. Except as provided in subsection 3, [no person may] a person shall not willfully collect as a premium or charge for insurance any sum in excess of the premium or charge applicable to the insurance and as specified in the policy, in accordance with the applicable classifications and rates as filed with and approved by the commissioner; or, in cases where classifications, premiums or rates are not required by this code to be so filed and approved, the premiums and charges must not be in excess of those specified in the policy and as fixed by the insurer. This subsection does not prohibit:
(a) The charging and collection, by surplus lines brokers licensed under chapter 685A of NRS, of the amount of applicable state and federal taxes and nominal service charge to cover [communication expenses,] expenses for communication, in addition to the premium required by the insurer.
(b) The charging and collection, by a life insurer, of amounts actually to be expended for the medical examination of any applicant for life insurance or for reinstatement of a life insurance policy.
3. The commissioner may adopt regulations to allow the charging and collection of [an insurance brokers fee:] a fee by an insurance broker, consultant or financial planner:
(a) In lieu of any other charge or commission for solicitation, negotiation or procurement of a policy of insurance which covers commercial or business risks; [and]
(b) For consultation or any related advice on the insuring of commercial or business risks which does not result in the procurement of a policy of insurance [.
The regulations adopted pursuant to this subsection must not permit these fees on life or health insurance or annuities.] ; and
(c) For consultation or related advice on the purchase of life or health insurance or an annuity which does not result in the purchase of a policy of insurance or annuity.
κ1985 Statutes of Nevada, Page 1550 (CHAPTER 501, SB 499)κ
insurance or an annuity which does not result in the purchase of a policy of insurance or annuity. In such a case, the fee must be set forth in a written contract signed by the client before the consultation begins.
________
Senate Bill No. 516Committee on Finance
CHAPTER 502
AN ACT making a supplemental appropriation and supplemental authorizations for judicial education and records; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. In addition to the sums authorized by section 1 of chapter 580, Statutes of Nevada 1983, at page 1686, expenditure of the following sums not appropriated from the state general fund or the state highway fund is hereby authorized for the following purposes during the fiscal year 1984-1985:
Judicial education...................................................................................... $79,200
Uniform system of judicial records.......................................................... 20,000
Court administrator.................................................................................... 43,380
Sec. 2. 1. There is hereby appropriated from the state general fund the sum of $12,000 for judicial education. This appropriation is supplemental to that made by section 21 of chapter 453, Statutes of Nevada 1983, at page 1178.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1985, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 3. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 1551κ
Senate Bill No. 518Committee on Finance
CHAPTER 503
AN ACT relating to the consolidated bond interest and redemption fund; making appropriations to and authorizing expenditure from the fund; and providing other matters properly relating thereto.
[Approved June 6, 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 consolidated bond interest and redemption fund created pursuant to NRS 349.090:
For the fiscal year 1985-1986.................................................................... $1,216,936
For the fiscal year 1986-1987.................................................................... 436,212
2. The money appropriated for fiscal years 1985-1986 and 1986-1987 in subsection 1 is available for both fiscal years and may be transferred from one fiscal year to the other with the approval of the interim finance committee upon the recommendation of the governor.
Sec. 2. Expenditure of the following sums from the consolidated bond interest and redemption fund is hereby authorized:
For the fiscal year 1985-1986................................................................ $3,942,694
For the fiscal year 1986-1987................................................................ 3,977,147
________
Senate Bill No. 507Committee on Government Affairs
CHAPTER 504
AN ACT relating to to the City of Henderson; advancing the date on which elected officers assume their duties; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 266, Statutes of Nevada 1971, at page 417, as amended by chapter 149, Statutes of Nevada 1973, at page 205, is hereby amended to read as follows:
Sec. 5.100 Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.
1. The election returns from any special, primary or general municipal election [shall] must be filed with the city clerk, who shall immediately place [such] the returns in a safe or vault, and no person [shall be permitted to] may handle, inspect or in any manner interfere with [such] the returns until canvassed by the city council.
κ1985 Statutes of Nevada, Page 1552 (CHAPTER 504, SB 507)κ
2. The city council shall meet at any time within 14 days after any special or primary election or before the 3rd Monday in June after any general election and canvass the returns and declare the result. The election returns [shall] must then be sealed and kept by the city clerk for 6 months . [, and no person shall] No person may have access [thereto] to the returns except on order of a court of competent jurisdiction or by order of the city council.
3. The city clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the [1st Monday in July] 3rd Monday in June next following their election.
4. If any election should result in a tie, the city council shall summon the candidates who received the tie vote and determine the tie by lot. The city clerk shall then issue to the winner a certificate of election.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 316Committee on Labor and Management
CHAPTER 505
AN ACT relating to the department of industrial relations; changing the composition of the advisory council; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 232.570 is hereby amended to read as follows:
232.570 1. There is hereby created in the department an advisory council composed of seven members appointed by the governor.
2. The advisory council must be composed of:
(a) Three representatives of [organized labor, selected from persons whose names are submitted by the Nevada State Branch of the American Federation of Labor and the Congress of Industrial Organizations;] labor, at least two of whom must represent organized labor;
(b) Three representatives of management, [selected from persons whose names are submitted by employer associations;] at least two of whom must represent employers who employ at least 250 persons; and
(c) One representative of the general public who is knowledgeable in the field of industrial relations.
3. Any member who is appointed to fill a vacancy must be appointed in the same manner and possess the same general qualifications as his predecessor in office.
________
κ1985 Statutes of Nevada, Page 1553κ
Assembly Bill No. 236Assemblyman Dini
CHAPTER 506
AN ACT relating to district attorneys; permitting the private practice of law in certain counties; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 245.0435 is hereby amended to read as follows:
245.0435 1. [A district attorney] The district attorneys in counties of classes 1 to 4, inclusive, as classified in the table of annual salaries, shall not engage in the private practice of law.
2. A district attorney who is permitted to engage in the private practice of law shall disqualify himself from any criminal prosecution of a person who has been involved in a matter related to his private practice of law.
3. As used in this section, private practice of law by a district attorney means the performance of legal service, for compensation, for any person or organization except his county and any other governmental agency which he has a statutory duty to serve.
________
Senate Bill No. 394Senators Mello and Neal
CHAPTER 507
AN ACT relating to gaming; requiring the state gaming control board to disclose certain financial information concerning licensees; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 463.120 is hereby amended to read as follows:
463.120 1. The board and the commission shall cause to be made and kept a record of all proceedings at regular and special meetings of the board and the commission. These records are open to public inspection.
2. The board shall maintain a file of all applications for licenses under this chapter, together with a record of all action taken with respect to those applications. The file and record are open to public inspection.
3. The board and the commission may maintain such other files and records as they may deem desirable.
4. [All] Except as provided in this subsection and subsection 5, all information and data:
κ1985 Statutes of Nevada, Page 1554 (CHAPTER 507, SB 394)κ
(a) Required by the board or commission to be furnished to it under this chapter or which may be otherwise obtained relative to the finances, earnings or revenue of any applicant or licensee; and
(b) Pertaining to an applicants criminal record, antecedents and background which have been furnished to or obtained by the board or commission from any source,
are confidential and may be revealed in whole or in part only in the course of the necessary administration of this chapter or upon the lawful order of a court of competent jurisdiction . [, except that the] The commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of this state pursuant to regulations adopted by the commission.
5. Before the beginning of each legislative session, the board shall submit to the legislative commission for its review and for the use of the legislature a report on the gross revenue, net revenue and average depreciation of all licensees, categorized by class of licensee and geographical area and the assessed valuation of the property of all licensees, by category, as listed on the assessment rolls.
[5.] 6. Notice of the content of any information or data furnished or released pursuant to subsection 4 may be given to any applicant or licensee in a manner prescribed by regulations adopted by the commission.
[6.] 7. The files, records and reports of the board are open at all times to inspection by the commission and its authorized agents.
[7.] 8. All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada tax commission must be made available to the board and the Nevada gaming commission as is necessary to the administration of this chapter.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 481Committee on Taxation
CHAPTER 508
AN ACT relating to taxation; extending the exemption of real property located upon a public airport; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 4 of chapter 474, Statutes of Nevada 1977, as amended by chapter 668, Statutes of Nevada 1979, at page 1646, is hereby amended to read as follows:
Sec. 4. 1. The Airport Authority of Washoe County is hereby created.
κ1985 Statutes of Nevada, Page 1555 (CHAPTER 508, SB 481)κ
2. The property and revenues of the authority, [or any interest therein,] any interest of any creditor therein, and any possessory interest in or right to use that property which the authority may grant, are exempt from all state, county and municipal taxation.
Sec. 2. The legislature finds that:
1. The exemption of a leasehold, or a right to use property, from taxation is an element of the economic value of the leasehold or right, from which the grantor derives an economic benefit.
2. Where the public body owning an airport is not the same as the public body which would derive revenue from leaseholds or rights to use property located upon it, the existence of the exemption provided by section 1 of this act confers an economic benefit upon the public body owning the airport.
3. The exemption therefore serves a municipal purpose.
________
Senate Bill No. 513Committee on Finance
CHAPTER 509
AN ACT relating to projects of capital improvements; making appropriations from the state general fund and the state highway fund; authorizing certain expenditures by the state public works board; providing schedules of repayment for certain state agencies; and providing other matters properly relating thereto.
[Approved June 6, 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 state public works board the sum of $22,660,230 to support the board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the executive budget for the fiscal years 1985-1986 and 1986-1987 or otherwise described, as follows:
Permissible
Expenditure Appropriation
1. Installations for fire protection in buildings of the University of Nevada System and other state buildings, Projects - Priority II, Project 85-1............................................... $4,606,500 $4,320,896
2. Capital improvements for the department of prisons, Projects 85-2, 85-3, 85-4, 85-5, 85-9,
κ1985 Statutes of Nevada, Page 1556 (CHAPTER 509, SB 513)κ
Permissible
Expenditure Appropriation
85-11, 85-12, 85-13, 85-14, 85-15, 85-16, 85-18, 85-19, 85-20, 85-23, 85-28, 85-33, 85-38, 85-39, 85-55, 85-58, the remodeling of a courtroom at the Nevada state prison, the reroofing of the gym, Housing Unit #3 and Vocational Building Unit #3 at the northern Nevada correctional center and the remodeling of Building 107 at Stewart.............................................. $7,114,500 $6,720,067
3. Capital improvements for the department of human resources, Projects 85-24, 85-25, 85-29, 85-31, 85-32, 85-35, 85-41, 85-42, 85-43, 85-49, 85-51, 85-64.......................... 3,275,600 3,037,393
4. Capital improvements for the Nevada state museum, Projects 85-26, 85-27, 85-48, 85-50........................................... $254,120 $230,430
5. Capital improvements for the University of Nevada System, Projects 85-7, 85-8, 85-44, 85-45, 85-67..................... 5,134,084 4,905,660
6. Capital improvements for the department of general services, Projects 85-17, 85-21, 85-30....................................... 1,660,500 1,600,800
7. Capital improvements for the department of data processing, Project 85-60................................................................ 224,500 211,710
8. Capital improvements for the department of the military, Projects 85-34, 85-36, 85-37, 85-68, 85-69, 85-70, 85-73, 85-75 136,730...................................................... 115,937
9. Capital improvements for the state department of agriculture, Project 85-74................................................................ 30,000 27,390
10. Capital improvements for the division of archives and records, Project 85-57................................................. 162,800 162,800
11. Capital improvements for the attorney general, Projects 85-46, 85-52....................................................................... 122,000 110,800
κ1985 Statutes of Nevada, Page 1557 (CHAPTER 509, SB 513)κ
Permissible
Expenditure Appropriation
12. Capital improvements for the division of state lands, Project 85-47............................................................................. $51,500 $45,300
13. Capital improvements for the Kinkead Building. 136,000 136,000
Sec. 2. 1. The $1,035,047 which is appropriated but not assigned to a specific project by section 1 of this act may be used for any of the projects listed in that section within the limits of the permissible expenditures.
2. With the approval of the interim finance committee, the state public works board may transfer money from one project to another within the same state agency or within the University of Nevada System.
Sec. 3. The state public works board is authorized to accept and use grants of money and the money of agencies in the following amounts to support the construction of the following projects:
Permissible
Expenditure Appropriation
1. Installations for fire protection in buildings of the University of Nevada System and other state buildings, Projects - Priority II, Project 85-1............................................... $499,500 $468,532
2. Capital improvements for the department of general services, Project 85-17................................................................ 126,700 118,720
3. Capital improvements for the department of human resources, Project 85-24............................................. 112,500 112,500
4. Capital improvements for the department of the military, Projects 85-34, 85-68, 85-69, 85-70, 85-73, 85-75..... 418,170 373,916
5. Capital improvements for the department of wildlife, Project 85-72............................................................................. 16,300 14,300
6. Capital improvements for the University of Nevada System, Projects 85-7, 85-8, 85-66........................................... 6,500,000 6,207,587
Sec. 4. In addition to the amounts authorized by section 3 of this act, $307,205 is authorized for expenditure on any of the projects listed in that section within the limits of the permissible expenditures.
Sec. 5. The money collected from the annual tax on slot machines between August 1, 1984, and June 30, 1985, which was distributed to the capital construction fund for higher education, except any amount of that money which is needed to pay the principal and interest on bonds, is authorized for expenditure on capital improvements for the University of Nevada System, Projects 85-7 and 85-8, up to a total amount of $5,000,000.
κ1985 Statutes of Nevada, Page 1558 (CHAPTER 509, SB 513)κ
Sec. 6. From the student fees collected by the University of Nevada System, $1,955,300 is authorized for expenditure on capital improvements for the University of Nevada System, Project 85-1 and 85-66.
Sec. 7. There is hereby appropriated from the state highway fund to the state public works board the sum of $362,600 for Projects 85-17 and 85-21.
Sec. 8. The state public works board shall carry out the provisions of this act as provided in chapter 341 of NRS. The board shall ensure that qualified persons are employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the attorney general.
Sec. 9. Commencing July 1, 1986, the building and grounds division of the department of general services shall repay in annual installments to the state treasurer for deposit in the state general fund the cost of constructing the new maintenance building in Las Vegas, Nevada. Each installment must be equal to 5 percent of the total cost of the completed project.
Sec. 10. Commencing July 1, 1986, the motor pool division of the department of general services shall repay in annual installments to the state treasurer for deposit in the state general fund the cost of constructing the new facility for the motor pool in Carson City, Nevada. Each installment must be equal to 5 percent of the total cost of the completed project.
Sec. 11. Commencing July 1, 1986, the department of data processing shall repay in annual installments to the state treasurer for deposit in the state general fund the cost of upgrading the security and fire protection system at the computer facility in Carson City, Nevada. Each installment must be equal to 10 percent of the total cost of the completed project.
Sec. 12. This act becomes effective upon passage and approval.
________
Assembly Bill No. 363Assemblymen Fairchild, Francis, Stone, Little, Beyer, Nicholas, Horne, Roberts, Schofield, Dini, Ham, Thomas, Zimmer, Nevin, Tebbs, Coffin, DuBois, Price, Bergevin, Malone, Sedway, Marvel, Rader, Lambert, ODonnell, Getto, Kerns, Bogaert, Williams, Thompson and Sader
CHAPTER 510
AN ACT relating to motor vehicles; increasing certain fees and fines relating to required security; requiring that the commissioner of insurance approve certain forms instead of providing them; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.480 is hereby amended to read as follows:
482.480 There must be paid to the department for the registration, transfer or reinstatement of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
κ1985 Statutes of Nevada, Page 1559 (CHAPTER 510, AB 363)κ
transfer or reinstatement of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a registration fee of $12.
2. For every motorcycle, a registration fee of $12.
3. For every bus or motortruck having an unladened weight of 3,500 pounds or less, as shown by a public weighmasters certificate, a registration fee of $12.
4. For every trailer or semitrailer having an unladened weight of 1,000 pounds or less, a flat registration fee of $6. For every trailer having an unladened weight of more than 1,000 pounds, but not more than 3,500 pounds, a flat registration fee of $9. For every trailer or semitrailer having an unladened weight of more than 3,500 pounds and less than 4,000 pounds, fees according to the following schedule:
3,501 to and including 3,549 pounds................................................................... $12
3,550 to and including 3,649 pounds................................................................... 14
3,650 to and including 3,749 pounds................................................................... 16
3,750 to and including 3,849 pounds................................................................... 18
3,850 to and including 3,949 pounds................................................................... 20
3,950 to and including 3,999 pounds................................................................... 22
5. For every bus or motortruck having an unladened weight of more than 3,500 pounds and less than 5,000 pounds, fees according to the following schedule:
3,501 to and including 3,549 pounds............................................................... $14
3,550 to and including 3,649 pounds............................................................... 16
3,650 to and including 3,749 pounds............................................................... 18
3,750 to and including 3,849 pounds............................................................... 20
3,850 to and including 3,949 pounds............................................................... 22
3,950 to and including 3,999 pounds............................................................... 24
4,000 to and including 4,999 pounds............................................................... 27
6. For every trailer or semitrailer having an unladened weight of 4,000 pounds or more, except mobile homes, and for every bus or motortruck having an unladened weight of 5,000 pounds or more, 60 cents per 100 pounds, or major fraction thereof, of unladened weight as shown by a public weighmasters certificate. At the time of weighing, each vehicle must have in place each accessory and appliance belonging to and used on the vehicle in the transportation of property. Whenever a camper is attached to a motortruck, the camper shall be considered as a load and the fees imposed by this section upon the motortruck must be based on the unladened weight of the motortruck, exclusive of the camper.
7. Except as provided in subsection 8, for each transfer of registration the fee is $5.
8. The fee for transfer of a registration to any motor vehicle enumerated in subsection 6 is $5 plus the excess, if any, of the fee which would have been payable for an original registration of the vehicle over the fee paid for registration of the vehicle from which the registration is transferred.
κ1985 Statutes of Nevada, Page 1560 (CHAPTER 510, AB 363)κ
would have been payable for an original registration of the vehicle over the fee paid for registration of the vehicle from which the registration is transferred.
9. For every motor vehicle there is an additional fee of $4 for each registration, which must be accounted for in the highway patrol special fund which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 481.145.
10. To reinstate the registration of a motor vehicle suspended pursuant to NRS 485.383 the fee is [$50,] $100, which must be accounted for in the fund for verification of insurance which is hereby created as a special revenue fund and must be used only for the purposes specified in NRS 485.383.
11. For every travel trailer, the registration fee is $12.
A vehicle which is properly registered under this section is exempt from the provisions of NRS 706.506, 706.516, 706.521 and 706.526.
Sec. 2. NRS 484.263 is hereby amended to read as follows:
484.263 1. Except as otherwise provided in subsection 5, a person shall not:
(a) Operate a motor vehicle registered or required to be registered in this state without having security covering the vehicle as required by NRS 485.185.
(b) Operate or knowingly permit the operation of a motor vehicle without having evidence of current insurance in the vehicle.
(c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department proof of security.
2. Except as provided in subsection 3, any person who violates subsection 1 shall be fined not less than [$100] $300 nor more than $500.
3. A person may not be fined if he presents evidence to the court that the security required by NRS 485.185 was in effect at the time demand was made for it.
4. Failure to deposit security if so required by the provisions of NRS 485.190 is prima facie evidence of violation of the provisions of this section.
5. The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the department of motor vehicles pursuant to NRS 482.3212, 482.396, 482.423 or 482.424 authorizing the movement or operation of that vehicle within the state for a limited [period of] time.
Sec. 3. NRS 690B.023 is hereby amended to read as follows:
690B.023 If security for the operation of a motor vehicle is provided by a contract of insurance, the insurer shall provide evidence of insurance to the insured on a form [provided] approved by the commissioner. The evidence of insurance must show:
1. The name and address of the policyholder;
2. The insured vehicle or vehicles;
3. The term of the insurance; and
κ1985 Statutes of Nevada, Page 1561 (CHAPTER 510, AB 363)κ
4. That the coverage meets the requirements set forth in NRS 485.185.
________
Assembly Bill No. 633Committee on Ways and Means
CHAPTER 511
AN ACT relating to special funds; changing the schedule of repayment of an appropriation to the prison industry fund; providing a schedule of repayment of an appropriation to the prison farm fund; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 520, Statutes of Nevada 1981, at page 1061, is hereby amended to read as follows:
Sec. 2. The money appropriated by section 1 of this act must be repaid to the state general fund by the department of prisons according to the following schedule:
1. $70,000 before July 1, [1985;] 1989;
2. $70,000 before July 1, [1987;] 1991; and
3. The remainder before July 1, [1989.] 1993.
Sec. 2. The money appropriated by section 2 of chapter 579, Statutes of Nevada 1981, at page 1247, to the prison farm fund must be repaid to the state general fund in 10 annual installments of $10,000 each.
________
Senate Bill No. 455Committee on Government Affairs
CHAPTER 512
AN ACT relating to public employment; prohibiting discrimination on the basis of political affiliation or a handicap; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 281.370 is hereby amended to read as follows:
281.370 1. All personnel actions taken by state, county or municipal departments, agencies, boards or appointing officers thereof [shall] must be based solely on merit and fitness.
2. State, county or municipal departments, agencies, boards or appointing officers thereof shall not [:
(a) Refuse] refuse to hire a person [because of such persons race, color, creed, national origin, sex or age, unless based upon a bona fide occupational classification.
κ1985 Statutes of Nevada, Page 1562 (CHAPTER 512, SB 455)κ
color, creed, national origin, sex or age, unless based upon a bona fide occupational classification.
(b) Discharge] , discharge or bar any person from employment [because of such persons race, creed, color, national origin, sex or age.
(c) Discriminate] or discriminate against any person in compensation or in other terms or conditions of employment because of [such persons] race, his creed, color, national origin, sex [or age, except] , age, political affiliation or physical, aural or visual handicap, except when based upon a bona fide occupational qualification or as provided in NRS 284.3781.
________
Assembly Bill No. 502Assemblymen Zimmer, Jeffrey, Coffin, Collins, Lambert, Roberts, ODonnell, Arberry, Tebbs, Spriggs, Horne, Humke, Thomas and Joerg
CHAPTER 513
AN ACT relating to taxes on retail sales; providing for the submission to the voters the question whether the Sales and Use Tax Act of 1955 should be amended to impose the taxes on all governmental contractors and impose the use tax on sales which would have been taxable if made in Nevada; and providing other matters properly relating thereto.
[Approved June 6, 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 approval 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.
κ1985 Statutes of Nevada, Page 1563 (CHAPTER 513, AB 502)κ
the people of the state of nevada do enact as follows:
Section 1. Section 34 of the above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 769, is hereby amended to read as follows:
Sec. 34. 1. An excise tax is hereby imposed on the storage, use, or other consumption in this state of tangible personal property purchased from any retailer on or after July 1, 1955, for storage, use, or other consumption in this state at the rate of 2 percent of the sales price of the property.
2. The tax is imposed with respect to all property which was acquired out of state in a transaction that would have been a taxable sale if it had occurred within this state.
Sec. 2. Section 51 of the above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 771, is hereby amended to read as follows:
Sec. 51. [Notwithstanding any other provision of law the tax imposed under this act shall apply to the gross receipts from the sale of any tangible personal property to contractors purchasing such property either as the agents of the United States or for their own account and subsequent resale to the United States for use in the performance of contracts with the United States for the construction of improvements on or to real property, not including, however, contractors qualified to issue and who do issue resale certificates to vendors for tangible personal property for subsequent incorporation into real property outside this state in the performance of a contract to improve the out-of-state realty.] The taxes imposed under this chapter apply to the sale of tangible personal property to and the storage, use or other consumption in this state of tangible personal property by a contractor for a governmental, religious or charitable entity which is otherwise exempted from the tax unless the contractor is a constituent part of that entity.
Sec. 3. Section 8 of the above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 763, is hereby repealed.
Sec. 4. 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 treat governmental contractors like other taxpayers and purchases outside the state like purchases in the state?
Yes o No o
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)
κ1985 Statutes of Nevada, Page 1564 (CHAPTER 513, AB 502)κ
If this act is approved, contractors for governmental and other tax-exempt organizations would pay the same taxes as other purchasers, and purchases made outside the state would be taxed the same as if made in the state.
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.
________
Assembly Bill No. 83Committee on Judiciary
CHAPTER 514
AN ACT relating to county officers and employees; authorizing the attorney general to investigate and prosecute criminal offenses committed by county officers and employees under certain circumstances; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 228 of NRS is hereby amended by adding thereto a new section to read as follows:
1. As used in this section county officer or employee means an elected officer of a county or any county officer or employee who is compensated from a county treasury.
2. The attorney general may investigate and prosecute any criminal offense committed by a county officer or employee in the course of his duties or arising out of circumstances related to his position, if:
(a) The district attorney of the county has stated in writing to the attorney general that he does not intend to act in the matter; or
(b) The attorney general has inquired in writing of the district attorney whether he intends to act in the matter and:
(1) The attorney general has not received a written response within 30 days after the district attorney received the inquiry; or
κ1985 Statutes of Nevada, Page 1565 (CHAPTER 514, AB 83)κ
(2) The district attorney responds in writing that he intends to act in the matter, but an information or indictment is not filed within 90 days after the response.
3. When he is acting pursuant to this section, the attorney general may commence his investigation and file a criminal action with leave of court, and he has exclusive charge of the conduct of the prosecution.
4. An information or indictment may not be dismissed on the ground that the district attorney or attorney general has not complied with this section.
________
Assembly Bill No. 330Assemblymen Jeffrey, Dini, Schofield and Thompson
CHAPTER 515
AN ACT making an appropriation to the mental hygiene and mental retardation division of the department of human resources for the purchase of equipment for data processing and for the payment of expenses related to the improvement of its facilities; and providing other matters properly relating thereto.
[Approved June 6, 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 mental hygiene and mental retardation division of the department of human resources the sum of $756,664 for the purchase of equipment for data processing and for the payment of expenses relating to the improvement of its facilities.
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 1566κ
Assembly Bill No. 404Assemblymen Roberts, Francis, Little, Bogaert, Arberry, Bergevin, Collins, Schofield, Nevin, ODonnell, Lambert, Rader, McGaughey, Price, Malone, Stone and Beyer
CHAPTER 516
AN ACT relating to parking for handicapped persons; increasing the fine for illegally parking in a reserved space; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 484.408 is hereby amended to read as follows:
484.408 1. Any parking space designated for the handicapped must be indicated by a sign:
(a) Bearing the international symbol of accessibility with or without the words Parking, Handicapped Parking, Handicapped Parking Only, or Reserved for the Handicapped, or any other word or combination of words indicating that the space is designated for the handicapped; and
(b) Stating Fine of $100 for use by others or equivalent words.
2. A person shall not park a vehicle in a space designated for the handicapped, whether on public or privately owned property, unless he is eligible to do so and the vehicle displays:
(a) Special license plates for a handicapped person;
(b) A parking permit for a handicapped person;
(c) An officially recognized emblem issued by this state or another jurisdiction indicating that the driver or a passenger in the vehicle is eligible; or
(d) Special license plates for a disabled veteran.
[2.] 3. A person shall not use such a plate, permit or emblem for a vehicle for the purpose of parking unless he is handicapped, a disabled veteran or is the driver of a vehicle in which a handicapped person or a disabled veteran is a passenger.
[3.] 4. Any person who violates any provision of this section shall be punished by a fine of [$25.] $100.
Sec. 2. This act becomes effective at 12:01 a.m. on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 1567κ
Assembly Bill No. 585Committee on Government Affairs
CHAPTER 517
AN ACT relating to local improvements; increasing the permitted rate of penalty on delinquent assessments; clarifying the procedure for setting the rate of deferred interest on assessments; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 271.415 is hereby amended to read as follows:
271.415 1. In case of an election to pay in installments, the assessment is payable in not less than two nor more than 20 substantially equal installments, or not less than four nor more than 40 substantially equal semiannual installments, or not less than eight nor more than 80 quarterly installments of principal.
2. Interest in all cases on the unpaid [principal] balance accruing from the effective date of the assessment ordinance until the respective due dates of the installments is payable annually, semiannually or quarterly . [at a rate or rates which do not exceed by more than 1 percent] The governing body shall:
(a) Before assessment bonds are issued or if bonds are not issued, fix the rate of the interest on the unpaid balance of the assessment by resolution at any time after the adoption of the assessment ordinance; or
(b) If assessment bonds are sold, fix or adjust the rate of interest on the unpaid balance of the assessment due after the date the bonds are sold at no more than 1 percent above the rate of interest on the assessment bonds.
3. Nothing herein contained limits the discretion of the governing body in determining whether assessments are payable in installments and the time the first installment of principal or interest, or both, and any subsequent installments thereof, are due.
4. The governing body in the assessment ordinance shall state the number of installments in which assessments may be paid, the period of payment, [the rate or rates of interest upon the unpaid installments of principal to their respective due dates,] any privileges of making prepayments and any premium to be paid to the municipality for exercising any such privilege, the rate of interest upon the unpaid [principal] balance of the assessment and accrued interest after any delinquency at a rate not exceeding [1.5] 2 percent per month, and any penalties and collection costs payable after delinquency.
5. The county or municipal officer who has been directed by the governing body to collect assessments shall give notice by publication or by mail of any installment which is payable and of the last day for its payment as provided herein and in the assessment ordinance.
κ1985 Statutes of Nevada, Page 1568 (CHAPTER 517, AB 585)κ
Sec. 2. This act becomes effective at 12:01 a.m. on July 1, 1985.
________
Senate Bill No. 321Committee on Commerce and Labor
CHAPTER 518
AN ACT relating to health insurance; limiting the coverage of withdrawal from the effects of alcohol or drugs; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 689A.030 is hereby amended to read as follows:
689A.030 A policy of health insurance must not be delivered or issued for delivery to any person in this state unless it otherwise complies with this code, and complies with the following:
1. The entire money and other considerations therefor must be expressed therein . [;]
2. The time when the insurance takes effect and terminates must be expressed therein . [;]
3. It must purport to insure only one person, except that a policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family, who shall be deemed the policyholder, any two or more eligible members of that family, including the husband, wife, dependent children, from the time of birth as provided in NRS 689A.043, or any children under a specified age which must not exceed 19 years except as provided in NRS 689A.045, and any other person dependent upon the policyholder . [;]
4. The style, arrangement and overall appearance of the policy must not give undue prominence to any portion of the text, and every printed portion of the text of the policy and of any endorsements or attached papers must be plainly printed in light-faced type of a style in general use, the size of which must be uniform and not less than 10 points with a lower case unspaced alphabet length not less than 120 points . [(the text] Text includes all printed matter except the name and address of the insurer, the name or the title of the policy, the brief description, if any, and captions and subcaptions . [);]
5. The exceptions and reductions of indemnity must be set forth in the policy and, other than those contained in NRS 689A.050 to 689A.290, inclusive, must be printed, at the insurers option, with the benefit provision to which they apply or under an appropriate caption such as Exceptions or Exceptions and Reductions, except that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of that exception or reduction must be included with the benefit provision to which it applies . [;]
6. Each such form, including riders and endorsements, must be identified by a number in the lower left-hand corner of the first page thereof .
κ1985 Statutes of Nevada, Page 1569 (CHAPTER 518, SB 321)κ
identified by a number in the lower left-hand corner of the first page thereof . [;]
7. The policy must not contain any provision purporting to make any portion of the charter, rules, constitution or bylaws of the insurer a part of the policy unless that portion is set forth in full in the policy, except in the case of the incorporation of or reference to a statement of rates or classification of risks, or short-rate table filed with the commissioner . [;]
8. The policy must provide benefits for expense arising from home health care or health supportive services if that care or service was prescribed by a physician and would have been covered by the policy if performed in a health and care facility as defined in NRS 449.007 . [;]
9. The policy must provide, at the option of the applicant, benefits for expenses incurred for the treatment of alcohol and drug abuse [as provided in NRS 689A.046; and] , unless the policy provides coverage only for a specified disease or provides for the payment of a specific amount of money if the insured is hospitalized or receiving health care in his home.
10. If the policy provides coverage for services rendered by a hospital, health and care facility or other similar services it must provide coverage for such services when rendered by a hospice.
Sec. 2. NRS 689A.046 is hereby amended to read as follows:
689A.046 1. The benefits provided by [individual health insurance policies, as required by subsection 9 of NRS 689A.030,] a policy for health insurance for treatment of the abuse of alcohol or drugs must consist of:
(a) Treatment for withdrawal from the physiological effect of alcohol or drugs [for no more than 7 days] , with a maximum benefit of $1,500 per calendar year.
(b) [Inpatient treatment] Treatment for a patient admitted to a health and care facility, with a maximum benefit of [$10,000] $9,000 per calendar year.
(c) [Outpatient treatment for individual, group and family counseling] Counseling for a person, group or family who is not admitted to a health and care facility, with a maximum benefit of [$1,500] $2,500 per calendar year.
2. [The insured is entitled to three courses of each type of treatment described in subsection 1 during his lifetime.] The maximum amount which may be paid in the lifetime of the insured for any combination of the treatments listed in subsection 1 is $39,000.
3. These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.
4. The insured person is entitled to these benefits if treatment is received in:
(a) Any facility for treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources.
(b) Any hospital or other health and care facility which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of alcoholism or drug abuse as part of its accredited activities.
κ1985 Statutes of Nevada, Page 1570 (CHAPTER 518, SB 321)κ
the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of alcoholism or drug abuse as part of its accredited activities.
Sec. 3. NRS 689B.036 is hereby amended to read as follows:
689B.036 1. The benefits provided by a group [health insurance policies,] policy for health insurance, as required in subsection 5 of NRS 689B.030, for treatment of the abuse of alcohol or drugs must consist of:
(a) Treatment for withdrawal from the physiological effects of alcohol or drugs [for no more than 7 days] , with a maximum benefit of $1,500 per calendar year.
(b) [Inpatient treatment] Treatment for a patient admitted to a health and care facility, with a maximum benefit of [$10,000] $9,000 per calendar year.
(c) [Outpatient treatment for individual, group and family counseling] Counseling for a person, group or family who is not admitted to a health and care facility, with a maximum benefit of [$1,500] $2,500 per calendar year.
2. [The insured is entitled to three courses of each type of treatment described in subsection 1 during his lifetime.] The maximum amount which may be paid in the lifetime of the insured for any combination of the treatments listed in subsection 1 is $39,000.
3. These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.
4. The insured person is entitled to these benefits if treatment is received in:
(a) Any facility for treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources.
(b) Any hospital or other health and care facility which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of alcoholism or drug abuse as part of its accredited activities.
Sec. 4. NRS 695B.194 is hereby amended to read as follows:
695B.194 1. The annual benefits provided by [health insurance policies] a policy for health insurance issued by a medical service corporation, as required by subsection 8 of NRS 695B.180, for treatment of the abuse of alcohol or drugs must consist of:
(a) Treatment for withdrawal from the physiological effects of alcohol or drugs [for no more than 7 days] , with a maximum benefit of $1,500 per calendar year.
(b) [Inpatient treatment] Treatment for a patient admitted to a health and care facility, with a maximum benefit of [$10,000] $9,000 per calendar year.
(c) [Outpatient treatment for individual, group and family counseling] Counseling for a person, group or family who is not admitted to a health and care facility, with a maximum benefit of [$1,500] $2,500 per calendar year.
κ1985 Statutes of Nevada, Page 1571 (CHAPTER 518, SB 321)κ
health and care facility, with a maximum benefit of [$1,500] $2,500 per calendar year.
2. [The insured is entitled to three courses of each type of treatment described in subsection 1 during his lifetime.] The maximum amount which may be paid in the lifetime of the insured for any combination of the treatments listed in subsection 1 is $39,000.
3. These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.
4. The insured person is entitled to these benefits if treatment is received in:
(a) Any facility for treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources.
(b) Any hospital or other health and care facility which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of alcoholism or drug abuse as part of its accredited activities.
Sec. 5. NRS 695C.174 is hereby amended to read as follows:
695C.174 1. The benefits provided by health maintenance plans for treatment of the abuse of alcohol or drugs as required by subparagraph (5) of paragraph (b) of subsection 3 of NRS 695C.170, must consist of:
(a) Treatment for withdrawal from the physiological effects of alcohol or drugs [for no more than 7 days] , with a maximum benefit of $1,500 per calendar year.
(b) [Inpatient treatment] Treatment for a patient admitted to a health and care facility, with a maximum benefit of [$10,000] $9,000 per calendar year.
(c) [Outpatient treatment for individual, group and family counseling] Counseling for a person, group or family who is not admitted to a health and care facility, with a maximum benefit of [$1,500] $2,500 per calendar year.
2. [The insured is entitled to three courses of each type of treatment described in subsection 1 during his lifetime.] The maximum amount which may be paid in the lifetime of the insured for any combination of the treatments listed in subsection 1 is $39,000.
3. These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.
4. The insured person is entitled to these benefits if treatment is received in:
(a) Any facility for treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources.
(b) Any hospital or other health and care facility which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of alcoholism or drug abuse as part of its accredited activities.
κ1985 Statutes of Nevada, Page 1572 (CHAPTER 518, SB 321)κ
Sec. 6. NRS 608.156 is hereby amended to read as follows:
608.156 1. If an employer provides health benefits for his employees, he shall provide benefits for the expenses for the treatment of [alcohol and drug abuse.] abuse of alcohol and drugs. The annual benefits provided by the employer must consist of:
(a) Treatment for withdrawal from the physiological effects of alcohol or drugs [for no more than 7 days] , with a maximum benefit of $1,500 per calendar year.
(b) [Inpatient treatment] Treatment for a patient admitted to a health and care facility, with a maximum benefit of [$10,000] $9,000 per calendar year.
(c) [Outpatient treatment for individual, group and family counseling] Counseling for a person, group or family who is not admitted to a health and care facility, with a maximum benefit of [$1,500] $2,500 per calendar year.
2. [The insured is entitled to three courses of each type of treatment described in subsection 1 during his lifetime.] The maximum amount which may be paid in the lifetime of the insured for any combination of the treatments listed in subsection 1 is $39,000.
3. These benefits must be paid in the same manner as benefits for any other illness covered by the employer are paid.
4. The employee is entitled to these benefits if treatment is received in:
(a) Any facility for treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of human resources.
(b) Any hospital or other health and care facility which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of alcoholism or drug abuse as part of its accredited activities.
________
Assembly Bill No. 709Assemblymen Bogaert, Stone, Beyer, Humke, Nicholas, Kerns, Lambert, Swain, Nevin, Sader, Thomas, Bergevin, Joerg, Dini and Marvel
CHAPTER 519
AN ACT encouraging Washoe and Douglas counties and Carson City to submit an advisory question to their voters in 1986 concerning support for the selection of Reno and Lake Tahoe as the site for the winter Olympic games.
[Approved June 6, 1985]
whereas, Several groups have been active in the effort to bring the winter Olympic games to Reno, Lake Tahoe and the surrounding area; and
whereas, The backing of the citizens of this state is vital to any effort to locate the games in Nevada; and
κ1985 Statutes of Nevada, Page 1573 (CHAPTER 519, AB 709)κ
whereas, Certain officials of the United States Olympic Committee and the International Olympic Committee have asked for an expression of popular support before proceeding any further; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The governing bodies of Washoe and Douglas counties and Carson City are encouraged to submit an advisory question to the voters at the primary election in 1986, as provided in section 2 of this act, concerning their support for the selection of Reno, Lake Tahoe and the surrounding area as the site for the winter Olympic games.
Sec. 2. The governing bodies of Washoe County, Douglas County and Carson City may, at the primary election to be held in 1986, submit to the registered voters within their jurisdictions an advisory question concerning their support for the selection of Reno, Lake Tahoe and the surrounding area as the site for the winter Olympic games by adopting a resolution which:
1. Sets forth the advisory question to be submitted to the voters; and
2. States that the result of the voting on the question does not place any legal requirement on the governing body or any officer of the county or city.
________
Senate Bill No. 514Committee on Finance
CHAPTER 520
AN ACT making appropriations to the department of education for allocation to school districts for the improvement of educational programs; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the department of education for allocation to the county school districts for the purchase of textbooks, other materials for learning and equipment to be used for instruction, for training of personnel of a school district, for the development of curriculum, for the reduction of the number of pupils in each class of the first, second and third grades to 22 or less or for any other purpose which the boards of trustees of the school district determines will improve the educational programs of the district:
For fiscal year 1985-1986..................................................................... $6,000,000
For fiscal year 1986-1987..................................................................... 6,000,000
κ1985 Statutes of Nevada, Page 1574 (CHAPTER 520, SB 514)κ
Sec. 2. 1. Any money allocated to a school district from the appropriations made by section 1 of this act must be expended by the school district in a manner which supplements the money which would otherwise be expended by that district for the purposes set forth in section 1 of this act.
2. A school district shall not use any money allocated to it from the appropriations made by section 1 of this act to increase the salaries or benefits of its employees.
3. The money allocated from the appropriations made by section 1 of this act must not be considered in any determination of financial ability to grant monetary benefits made pursuant to chapter 288 of NRS.
Sec. 3. A school district may receive an allocation from the appropriations made by section 1 of this act only if the board of trustees of the school district certifies to the state board of education that no part of the allocation will be used to reduce expenditures for the purposes set forth in section 1 of this act which would be made in the absence of an allocation under this act and that all of the allocation will be expended in a manner which supplements the amount of money which would otherwise be expended for those purposes.
Sec. 4. From the appropriations made by section 1 of this act the department of education must allocate to the various school districts approximately $6,000,000 for fiscal year 1985-1986 and approximately $6,000,000 for fiscal year 1986-1987 except that any balance in fiscal year 1985-1986 not allocated to the school districts may be carried forward for allocation in fiscal year 1986-1987.
Sec. 5. The board of trustees of each school district which receives an allocation from the appropriations made by section 1 of this act shall provide a comprehensive report to the 64th session of the legislature of the State of Nevada, including:
1. An itemized list of all expenditures made for the purposes set forth in section 1 of this act from other money available to the school district for the fiscal years 1985-1986 and 1986-1987;
2. Information which demonstrates that it complied with the provisions of this act; and
3. A description of the efforts made to reduce the number of pupils in each class of the first, second and third grades to 22 or less.
________
κ1985 Statutes of Nevada, Page 1575κ
Assembly Bill No. 608Assemblymen Nevin, Jeffrey, Sedway, Coffin, Thompson, Schofield, Stone, Banner, Craddock, Arberry, Rader, Williams, Swain, Collins, McGaughey and Bilyeu
CHAPTER 521
AN ACT relating to industrial insurance; requiring reimbursement of an employee for certain expenses if the employer or insurer requests a hearing; and providing other matters properly relating thereto.
[Approved June 6, 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. If an employer or insurer requests a hearing before a hearing officer relating to a claim for compensation, or appeals officer, and the hearing results in a decision favorable to the employee, the employee is entitled to receive reimbursement from the insurer for:
(a) His actual expenses necessarily incurred for travel to and from the hearing, if he is required to travel more than 20 miles one way from his residence or place of employment to the hearing; and
(b) Any regular wages lost as a result of his attending the hearing.
2. The department shall adopt regulations governing the procedure and forms to be used for the reimbursement provided by subsection 1.
________
Assembly Bill No. 601Assemblymen Getto, Bergevin, Dini, Spriggs, Marvel and Bilyeu
CHAPTER 522
AN ACT relating to economic development; requiring that one member of the commission on economic development and of the commission on tourism be a resident of a small county; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 231.040 is hereby amended to read as follows:
231.040 1. The commission on economic development is composed of the lieutenant governor, who is its chairman, and six members who are appointed by the governor.
2. The governor shall appoint as members of the commission persons who have proven experience in economic development which was acquired by them while engaged in finance, manufacturing, mining, agriculture, the field of transportation, or in general business other than tourism or gaming.
κ1985 Statutes of Nevada, Page 1576 (CHAPTER 522, AB 601)κ
3. The governor shall appoint at least one member who is a resident of:
(a) Clark County.
(b) Washoe County.
(c) A county [other than Clark and Washoe counties.] whose population is 18,000 or less.
Sec. 2. NRS 231.170 is hereby amended to read as follows:
231.170 1. The commission on tourism is composed of the lieutenant governor, who is its chairman, and six members who are appointed by the governor.
2. The governor shall appoint as members of the commission persons who are informed on and have experience in travel and tourism, including the business of gaming.
3. The chief administrative officers of county fair and recreation boards of counties having a population of 100,000 or more are ex officio but nonvoting members of the commission.
4. The governor shall appoint at least one member who is a resident of:
(a) Clark County.
(b) Washoe County.
(c) A county [other than Clark and Washoe counties.] whose population is 18,000 or less.
________
Assembly Bill No. 515Assemblymen Thomas, Jeffrey, Tebbs, Sedway, Dini, Beyer, Nicholas, Humke, Getto, DuBois, Coffin and Nevin
CHAPTER 523
AN ACT making an appropriation for the support of musical performances in this state; and providing other matters properly relating thereto.
[Approved June 6, 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 for the purposes set forth in sections 2 and 3 of this act the sum of $150,000.
2. Any remaining balance of the appropriation made by this section 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. 2. 1. This appropriation must be administered by the trustee of the Music Performance Trust Funds, 1501 Broadway, New York, N.Y., under the conditions imposed by this act. If the trustee declines to administer the appropriation, or fails before August 1, 1985, to signify his acceptance, this act expires by limitation and the money appropriated reverts immediately to the state general fund.
κ1985 Statutes of Nevada, Page 1577 (CHAPTER 523, AB 515)κ
his acceptance, this act expires by limitation and the money appropriated reverts immediately to the state general fund.
2. If the trustee signifies his acceptance in writing to the secretary of state and furnishes a copy of his acceptance to the state controller, money from the appropriation must be paid out on claims by the trustee as other claims against the state are paid.
3. The trustee may use no more than 10 percent, of the total money expended, for the payment of industrial insurance, unemployment compensation, federal taxes on employment and similar charges. In addition, he may expend money from this appropriation to pay his actual expenses of travel in administering the appropriation. Performances must be arranged throughout the state.
4. Employment of any performer or technician must comply with NRS 613.230 to 613.430, inclusive, and no reference to arrangement through a labor organization may be made with respect to any performance funded in whole or in part from this appropriation.
Sec. 3. 1. The trustee may use money from the appropriation for local cultural activities to support concerts, operas and public dances:
(a) Which are presented in this state in public parks, public facilities, universities, colleges, schools, hospitals and other institutions; and
(b) For which no fee is charged to the public, students, patients or other persons for attendance.
2. The costs for which the trustee may expend money from the appropriation include the compensation of musicians, signers and necessary technicians, and the cost of their transportation to and from performances.
________
Senate Bill No. 134Senator Jacobsen
CHAPTER 524
AN ACT relating to dairy products; increasing the fee for licensure of and assessments paid by a distributor; permitting a distributor to delay payment of certain assessments; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 584.595 is hereby amended to read as follows:
584.595 1. No distributor may deal in fluid milk, fluid cream or any other dairy product without first having obtained a license from the commission.
2. The [special licenses provided in this section are] license required by this section is in addition to any [and all licenses] license otherwise required by [any law or ordinance of any county or municipality of this state or any law of this state.] law.
3. Application for [the licenses herein provided] a license must be made on forms prescribed by the commission, [must be accompanied by an application fee of $10 and] accompanied by a fee of $25 and must state the name and address of the applicant and such details as to the nature of the applicants business as the commission may require.
κ1985 Statutes of Nevada, Page 1578 (CHAPTER 524, SB 134)κ
made on forms prescribed by the commission, [must be accompanied by an application fee of $10 and] accompanied by a fee of $25 and must state the name and address of the applicant and such details as to the nature of the applicants business as the commission may require. The applicant shall satisfy the commission:
(a) Of the applicants good faith, character and responsibility in seeking to carry on the business stated in the application.
(b) That the applicant has complied with [all laws of this state and regulations promulgated thereunder, regardless of whether the applicant is a local or out-of-state distributor.] the provisions of this chapter and the regulations adopted by the commission.
4. Licenses must be issued for a period of 12 months from the 1st day of each year or for the remainder of the calendar year from the date of issuance. A license is not transferable.
5. Application for renewal of a license for the following year by a licensee, accompanied by the [application fee of $10,] fee of $25, must be submitted to the commission before the expiration date of the license held, and if not so made, the applicant shall pay an additional sum equal to the application fee before the license may be issued.
6. Application for an amendment to an existing license must be accompanied by a fee of $25 and made upon forms prescribed by the commission.
Sec. 2. NRS 584.630 is hereby amended to read as follows:
584.630 1. [Distributors who are] A distributor who is subject to any stabilization and marketing plan as established by the commission shall [pay to the commission on all fluid milk and fluid cream which is purchased from producers or is their own production, a fee equal to that required to be deducted from payments due producers of fluid milk under NRS 584.635.] :
(a) Pay to the commission an assessment of one-half cent per pound of milk fat contained in all fluid milk or fluid cream, or both, produced by him or purchased from a producer in this state;
(b) Deduct from any payment due a producer in this state and pay to the commission an assessment of one-half cent per pound of milk fat contained in all fluid milk or fluid cream, or both, purchased from that producer, and pay to the commission the same amount on the same material if produced by the distributor; and
(c) Pay to the commission an assessment of 1 cent per pound of milk fat contained in all fluid milk or fluid cream, or both, imported into this state in bulk or as finished products and not otherwise subject to assessment.
2. The [assessed fees] assessments received by the commission [shall] must be used in the administration and enforcement of NRS 584.325 to 584.690, inclusive.
[3. Distributors who import dairy products into this state which have not been subject to assessment by the state, shall be assessed at the same rate on the content of milk fat contained in such products as Nevada distributors are assessed on fluid milk and fluid cream which go into the manufacture of such type products.]
κ1985 Statutes of Nevada, Page 1579 (CHAPTER 524, SB 134)κ
Sec. 3. NRS 584.633 is hereby amended to read as follows:
584.633 1. The commission shall assess each distributor of butter a sum not exceeding 1 cent per pound on all butter distributed by the distributor.
2. Except as otherwise provided in subsection 3, the commission shall assess all distributors of fresh dairy byproducts a sum not exceeding 4 cents per gallon on all ice cream, sherbet [,] or ice cream or ice milk mixes, and a sum not exceeding [one-half] 1 cent per pound on all cottage cheese and yogurt distributed by the distributors.
3. In determining the amount to be assessed a distributor under subsection 2, the commission shall credit the distributor with any amount which, pursuant to paragraph (a) or (c) of subsection 1 of NRS 584.630, was assessed and paid upon fluid milk and fluid cream which was then used in manufacturing the fresh dairy byproduct.
[4. Assessments under this section must be paid to the commission on or before the 15th of the month following the month during which the butter or fresh dairy byproducts were distributed. Late payments are subject to the same penalty as that provided by subsection 4 of NRS 584.635.
5. The commission may fix the rate of assessment for subsections 1 and 2 at any rate which does not exceed the rate specified in those subsections which, when combined with the fees derived by the commission pursuant to NRS 584.630 and 584.635, is sufficient to defray the costs of administering the provisions of NRS 584.325 to 584.690, inclusive.]
Sec. 4. NRS 584.635 is hereby amended to read as follows:
584.635 1. [Distributors who are subject to the provisions of any stabilization and marketing plan made effective by NRS 584.325 to 584.690, inclusive, including distributors who import fluid milk or fluid cream from outside the state, whether such items are finished products or in bulk, shall deduct as an assessment from payments due their sellers, whether such sellers are producers or distributors, and whether within or without the state, for fluid milk, fluid cream or both, including each distributors own production, the sum of one-half cent per pound milk fat on all milk fat contained in fluid milk, fluid cream or both, or in the case of distributors who do not purchase or receive fluid milk, in milk fat pounds, the sum of 1 1/2 cents for each 10 gallons of fluid milk sold. Such assessment rates are maximum rates.
2.] The commission may [fix] lower the rate of [such] any assessment [at a less amount, and may adjust the rate from time to time,] required to be paid under NRS 584.630 or 584.633, whenever it finds that the cost of administering the provisions of NRS 584.325 to 584.690, inclusive, can be defrayed from revenues derived from [such] the lower rates . [in combination with such sums as are provided by NRS 584.630.
3. The]
2. A distributor shall pay the amount of the assessment [so deducted shall be paid] to the commission on or before the 15th of the month following the month during which [such] the fluid milk or fluid cream was received [.]
κ1985 Statutes of Nevada, Page 1580 (CHAPTER 524, SB 134)κ
shall be paid] to the commission on or before the 15th of the month following the month during which [such] the fluid milk or fluid cream was received [.] or the butter or fresh dairy byproduct was distributed. If the assessment for the month is less than $3, the distributor may delay payment for 3 months or until the cumulative assessments are $3 or more, whichever occurs first.
[4.] 3. If payments of assessments are not made [on or before the 15th day of each month following the month during which the fluid milk or fluid cream was received or following the date upon which any other assessment falls due,] as provided in subsection 2, the commission shall charge, as a penalty for the late payment, the amount of $10 or 1 percent per month of the total amount due and owing, but remaining unpaid, whichever is greater.
________
Assembly Bill No. 725Committee on Ways and Means
CHAPTER 525
AN ACT making appropriations from the state general fund, the state highway fund and the state insurance fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1985, and ending June 30, 1986, and beginning July 1, 1986, and ending June 30, 1987; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The following sums are hereby appropriated from the state general fund for the purposes expressed in sections 2 to 48, inclusive, of this act and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 1985, and ending June 30, 1986, and beginning July 1, 1986, and ending June 30, 1987.
1985-86 1986-87
Sec. 2. The Office and Mansion of the Governor.
For the support of the office of the governor........ $845,904.................................................... $843,326
For the support of the governors mansion........... 130,276...................................................... 140,992
For the support of the office of the extradition coordinator ...................................................... 345,210 358,686
For the support of general fund agencies out-of-state travel ........................................................ 50,000 55,000
Sec. 3. The Office of Lieutenant Governor.
κ1985 Statutes of Nevada, Page 1581 (CHAPTER 525, AB 725)κ
1985-86 1986-87
For the support of the office of lieutenant governor ...................................................... $89,390 $102,245
Sec. 4. The Office of Attorney General.
For the support of the office of attorney general.. $1,596,695................................................. $1,585,374
For the special litigation account of the attorney general ........................................................ 75,000 75,000
Sec. 5. The Office of Secretary of State.
For the support of the office of secretary of state $1,011,119.................................................... $926,996
Sec. 6. The Office of State Treasurer.
For the support of the office of state treasurer..... $288,250.................................................... $285,259
Sec. 7. The Office of State Controller.
For the support of the office of the state controller ................................................. $1,422,567 $1,467,860
Sec. 8. Department of Administration.
For the support of:
Budget division.......................................................... $581,719.................................................... $656,668
Merit award board...................................................... 3,500.......................................................... 3,500
Clear Creek youth center........................................... 106,000........................................................ 98,000
Sec. 9. Department of General Services.
For the support of:
Buildings and grounds division.............................. $17,621...................................................... $18,383
Buildings and grounds: Roof repair........................ 90,798...................................................... 110,790
Sec. 10. Office of Community Services.
For the support of:
Community development.......................................... $33,500...................................................... $33,500
Community affairs...................................................... 85,492........................................................ 81,379
Energy conservation................................................. 18,000........................................................ 18,000
Sec. 11. State Public Works Board.
For the support of the state public works board... $587,707.................................................... $586,766
κ1985 Statutes of Nevada, Page 1582 (CHAPTER 525, AB 725)κ
1985-86 1986-87
Sec. 12. Department of Taxation.
For the support of:
Department of taxation.............................................. $4,227,835................................................. $4,341,934
Senior Citizens Property Tax Assistance.............. 1,594,206................................................... 1,804,946
Sec. 13. Nevada Commissioner for Veteran Affairs.
For the support of the Nevada commissioner for veteran affairs........................................................ $213,681.................................................... $214,208
Sec. 14. Nevada Equal Rights Commission.
For the support of the Nevada equal rights commission .................................................... $323,366 $331,486
Sec. 15. Indian Affairs Commission.
For the support of the Indian affairs commission. $94,476...................................................... $96,337
Sec. 16. Employee-Management Relations Board.
For the support of the employee-management relations board .................................................... $102,161 $95,631
Sec. 17. Legislative Fund.
For the support of the legislative commission...... $191,955.................................................... $184,026
For the support of the audit division of the legislative counsel bureau....................................................... 968,151................................................... 1,060,955
For the support of the administrative division of the legislative counsel bureau..................... 1,278,096................................................... 1,230,566
For the support of the legal division of the legislative counsel bureau....................................................... 1,012,185................................................... 1,460,360
For the support of the research division of the legislative counsel bureau........................................ 542,456...................................................... 520,788
κ1985 Statutes of Nevada, Page 1583 (CHAPTER 525, AB 725)κ
1985-86 1986-87
For the support of the fiscal analysis division of the legislative counsel bureau..................... $430,706.................................................... $428,713
For the support of interim legislative operations.. 103,730........................................................ 56,207
Sec. 18. Supreme Court of Nevada.
For the support of the supreme court of Nevada.. $1,050,420................................................. $1,048,920
For the support of the state board of pardons commissioners ........................................................ 28,988 29,028
For the support of the law library............................ 376,153...................................................... 356,912
For the support of the commission on judicial selection .......................................................... 5,000 5,000
For the support of the retired justices duty fund 20,000........................................................ 20,000
Sec. 19. Commission on Judicial Discipline.
For the support of the commission on judicial discipline ...................................................... $22,668 $22,985
Sec. 20. District Judges Travel.
For the support of district judges travel............... $20,283...................................................... $20,283
Sec. 21. District Judges Salaries and Judicial Pensions.
For the support of district judges salaries, and pensions of justices, judges and widows................. $2,381,476................................................. $2,393,786
For the support of district judges continuing education ........................................................ 36,000 36,000
Sec. 22. Public Defender.
For the support of the office of public defender... $288,639.................................................... $292,778
Sec. 23. Commission on Economic Development.
Industrial division...................................................... $1,572,864................................................. $1,571,917
κ1985 Statutes of Nevada, Page 1584 (CHAPTER 525, AB 725)κ
1985-86 1986-87
Film division................................................................ $193,451.................................................... $200,049
Sec. 24. State of Department of Education.
For the support of:
Education, state programs........................................ $982,106.................................................... $972,309
Vocational education................................................. 348,387...................................................... 349,722
Professional standards commission........................ 14,483........................................................ 14,836
Child nutrition............................................................. 324,000...................................................... 324,000
Education Consolidation and Improvement Act — Chapter 1 ........................................................ 94,444 -0-
Adult basic education............................................... 5,804.......................................................... 5,506
Care of handicapped children.................................. 402,012...................................................... 418,092
Proficiency testing..................................................... 4,500.......................................................... 4,500
Sec. 25. Commission on Postsecondary Institutional Authorization.
For the support of the commission on postsecondary education................................................. $56,808...................................................... $55,855
Sec. 26. University of Nevada System.
For the support of:
System administration............................................... $981,776.................................................... $999,292
University press......................................................... 211,460...................................................... 216,421
Statewide programs — UNR...................................... 2,197,782................................................... 2,241,549
Intercollegiate athletics — UNR................................ 750,000...................................................... 750,000
Statewide programs — UNLV.................................... 324,858...................................................... 327,526
Intercollegiate athletics — UNLV.............................. 750,000...................................................... 750,000
Agricultural experiment station................................ 2,436,692................................................... 2,467,562
Cooperative extension services............................... 1,972,490................................................... 1,972,773
System computing center......................................... 3,597,359................................................... 3,691,506
Desert research institute........................................... 989,771................................................... 1,003,906
National direct student loan..................................... 30,000........................................................ 30,000
University of Nevada, Reno..................................... 25,642,747................................................. 26,565,772
School of medical sciences, UNR............................ 5,126,949................................................... 5,246,590
University of Nevada, Las Vegas............................ 23,088,622................................................. 24,036,130
Clark County community college............................. 6,854,555................................................... 7,077,044
κ1985 Statutes of Nevada, Page 1585 (CHAPTER 525, AB 725)κ
1985-86 1986-87
Western Nevada community college...................... $2,484,504................................................. $2,552,570
Truckee Meadows community college................... 4,861,207................................................... 5,018,033
Northern Nevada community college..................... 1,527,421................................................... 1,569,029
Business center, north.............................................. 760,905...................................................... 775,508
Business center, south.............................................. 635,336...................................................... 647,603
Faculty merit............................................................... 924,403................................................... 1,901,662
University enhancements......................................... 189,800...................................................... 166,252
Sec. 27. Western Interstate Commission for Higher Education.
For the administrative support of Nevadas membership in the western interstate commission for higher education................................................. $135,643.................................................... $133,018
For the support of the western interstate commission for higher education loan fund................... 762,213...................................................... 749,352
Sec. 28. Department of Museums and History.
For the support of the office of the director.......... $66,933...................................................... $67,913
For the support of the Nevada historical society. 222,547...................................................... 214,646
For the support of the Nevada state museum....... 587,059...................................................... 598,183
For the support of the Nevada museum and historical society ...................................................... 315,453 327,330
For the support of the Lost City museum.............. 133,853...................................................... 131,753
For the support of the Nevada railroad museum... $71,232...................................................... $96,585
Sec. 29. Nevada Council on the Arts.
For the support of the Nevada council on the arts .................................................... $174,270 $178,642
κ1985 Statutes of Nevada, Page 1586 (CHAPTER 525, AB 725)κ
1985-86 1986-87
Sec. 30. State Library and Archives.
For the support of the state library and archives.. $1,119,345................................................. $1,137,961
For the support of the division of archives and records ...................................................... 168,451 170,707
Sec. 31. Department of Human Resources.
For the support of:
Office of the director of human resources.............. $414,477.................................................... $410,581
Health care evaluation............................................... 155,102...................................................... 208,125
Aging services division............................................ 571,379...................................................... 573,602
Youth services division
Youth services division................................... 102,025.............................................. 98,942
Child care services bureau.............................. 125,636............................................ 128,912
Northern Nevada childrens home................. 799,648............................................ 815,490
Southern Nevada childrens home................ 783,754............................................ 792,921
Nevada youth training center......................... 3,075,869......................................... 3,165,552
Probation subsidies......................................... 824,726............................................ 857,715
Nevada girls training center............................ 1,390,913......................................... 1,429,083
Youth parole...................................................... 580,771............................................ 585,490
Youth services division alternative placements ............................................ 913,507 941,404
Health division
Office of state health officer........................... 146,816............................................ 148,882
Vital statistics.................................................... 319,898............................................ 328,173
Bureau of health facilities................................ 149,026............................................ 152,239
Bureau of laboratory and research................ 640,783............................................ 659,253
Childrens health services............................... 2,734,159......................................... 2,855,072
Special childrens clinic................................... 1,096,121......................................... 1,130,061
Bureau of community health services........... 257,404............................................ 255,793
Health aid to counties...................................... 906,626............................................ 935,743
Emergency medical services........................... 276,773............................................ 279,262
κ1985 Statutes of Nevada, Page 1587 (CHAPTER 525, AB 725)κ
1985-86 1986-87
Consumer protection....................................... $503,610.......................................... $537,083
Tuberculosis control........................................ 259,349............................................ 276,254
Venereal disease control................................. 59,418.............................................. 68,241
Cancer control registry.................................... 55,950.............................................. 59,899
Immunization control....................................... 14,040.............................................. 14,040
Mental hygiene and mental retardation division
Division administration................................... 576,459............................................ 581,103
Nevada mental health institute....................... 5,368,557......................................... 5,459,003
Facility for the mental offender...................... 1,487,002......................................... 1,526,797
Rural clinics....................................................... 1,012,860............................................ 793,462
Southern Nevada adult mental health services ......................................... 4,699,677 4,630,669
Southern Nevada child and adolescent services ......................................... 2,769,799 2,865,635
Northern Nevada child and adolescent services ......................................... 1,416,277 1,478,123
Southern Nevada mental retardation services ............................................ 215,481 223,359
Northern Nevada mental retardation services ............................................ 310,492 312,529
Community training center.............................. 1,018,704......................................... 1,086,260
MH/MR: Older American programs.............. 96,657.............................................. 97,284
Resident placement.......................................... 37,696.............................................. 50,607
MH/MR: Regional training............................. 18,144.............................................. 22,099
MH/MR: Home care......................................... 146,765............................................ 152,635
Welfare division
Welfare administration.................................... 1,992,165......................................... 1,997,108
Assistance to aged and blind......................... 2,333,254......................................... 2,329,312
Aid to dependent children.............................. 6,850,392......................................... 6,840,360
State aid to the medically indigent................. 43,709,789....................................... 45,955,877
Food stamp program........................................ 1,850,914......................................... 1,903,362
Child welfare services...................................... 2,354,138......................................... 2,609,635
Work incentive program........................................... 11,467........................................................ 11,412
Rehabilitation division
Vocational rehabilitation................................. 904,519............................................ 995,425
κ1985 Statutes of Nevada, Page 1588 (CHAPTER 525, AB 725)κ
1985-86 1986-87
Services to the blind........................................ $472,906.......................................... $504,896
Alcohol and drug abuse rehabilitation......... 1,689,390......................................... 1,702,959
Committee to hire the handicapped............... 129,658............................................ 131,133
Sec. 32. Department of the Military.
For the support of the department of the military. $731,559.................................................... $727,497
For the support of National Guard benefits........... 40,000........................................................ 40,000
For the support of the division of emergency management ...................................................... 125,330 126,992
Sec. 33. Department of Prisons.
For the support of the office of director................. $6,059,154................................................. $6,356,728
For the support of the Nevada state prison........... 6,549,500................................................... 6,791,772
For the support of the northern Nevada correctional center ................................................... 6,197,907 6,408,111
For the support of the southern Nevada correctional center ................................................... 4,729,003 4,866,919
For the support of the Nevada womens correctional center ................................................... 1,662,990 1,765,373
For the support of the northern Nevada honor camp ...................................................... 498,335 545,480
For the support of the Lincoln county honor camp ...................................................... 452,301 552,216
For the support of the Wells honor camp.............. 525,926...................................................... 535,637
For the support of the northwestern honor camp. 110,923...................................................... 497,697
For the support of the Ely honor camp................... 525,926...................................................... 535,637
For the support of the southern Nevada honor camp ...................................................... 186,077 387,670
For the support of the Yerington honor camp....... 72,748...................................................... 438,386
κ1985 Statutes of Nevada, Page 1589 (CHAPTER 525, AB 725)κ
1985-86 1986-87
For the support of the southern desert honor camp .................................................... $281,272 $285,624
For the support of the northern Nevada restitution center ...................................................... 198,211 195,246
For the support of the southern Nevada restitution center ...................................................... 247,479 235,246
For the support of the southern desert correctional center ................................................... 6,498,425 6,719,320
Sec. 34. Department of Parole and Probation.
For the support of the department of parole and probation ................................................. $5,593,066 $5,624,476
Sec. 35. Parole Board.
For the support of the parole board........................ $261,608.................................................... $266,266
Sec. 36. Department of Commerce.
For the support of:
Office of the director.................................................. 169,685.................................................... $172,185
Insurance division..................................................... 887,676...................................................... 916,784
Fire marshal................................................................. 306,500...................................................... 323,065
Financial institutions division.................................. 564,243...................................................... 574,262
Consumer affairs division......................................... 294,673...................................................... 293,031
Real estate division.................................................... 680,679...................................................... 696,648
Unclaimed property program.................................... 106,778...................................................... 103,448
Sec. 37. Labor Commissioner.
For the support of the labor commissioner............ $460,443.................................................... $466,140
Sec. 38. State Department of Conservation and Natural Resources.
For the support of:
Office of the director.................................................. $219,290.................................................... $223,999
State environmental commission............................. 9,900.......................................................... 9,900
Division of conservation districts........................... 10,280........................................................ 10,480
Division of state lands.............................................. 243,359...................................................... 247,429
Division of historic preservation and archeology 82,185........................................................ 85,944
Division of environmental protection..................... 629,074...................................................... 648,242
κ1985 Statutes of Nevada, Page 1590 (CHAPTER 525, AB 725)κ
1985-86 1986-87
Division of water resources...................................... $1,314,841................................................. $1,345,036
California-Nevada compact commission................ 450............................................................. 450
Division of state parks
Park administration.................................................... 1,276,189................................................... 1,364,938
Park planning and development.............................. 24,228............................................................. 504
Division of forestry
Forestry division.............................................. 1,156,104......................................... 1,052,045
Forestry nurseries............................................ 27,000..................................................... -0-
Forest fire suppression.................................... 150,000............................................ 150,000
Forestry honor camps...................................... 2,197,548......................................... 3,137,565
Rural fire department aid................................. 10,000.............................................. 10,000
Committee on federal land laws............................... 12,000........................................................ 12,000
Sec. 39. Department of Wildlife.
For the support of the department of wildlife........ $248,745.................................................... $105,000
Sec. 40. Comstock Historic District Commission.
For the support of the Comstock historic district commission ...................................................... $15,066 $15,503
Sec. 41. State Department of Agriculture.
For the support of the plant industry fund............ $1,191,305................................................. $1,229,847
For the support of the veterinary medical services ...................................................... 484,986 481,516
Sec. 42. Nevada Junior Livestock Show Board.
For the support of the Nevada junior livestock show board ...................................................... $16,480 $16,480
Sec. 43. State Predatory Animal and Rodent Committee.
For the support of the state predatory animal and rodent committee................................................. $297,255.................................................... $312,897
Sec. 44. High School Rodeo Association.
κ1985 Statutes of Nevada, Page 1591 (CHAPTER 525, AB 725)κ
1985-86 1986-87
For the support of the high school rodeo association ...................................................... $10,000 $10,000
Sec. 45. Mining Cooperative Fund.
For the support of the mining cooperative fund... $198,000.................................................... $198,000
Sec. 46. Department of Motor Vehicles.
For the support of the highway patrol (law enforcement) .................................................... $780,807 $195,600
For the support of the investigation division........ 1,792,595................................................... 1,820,104
For the support of a criminal history repository... 30,071...................................................... 179,509
Sec. 47. Nevada Athletic Commission.
For the support of the Nevada athletic commission .................................................... $139,369 $139,476
Sec. 48. Ethics commission....................................... $10,000..................................................................... 10,000
Sec. 49. The following sums are hereby appropriated from the state highway fund for the purposes expressed in this section for the fiscal years beginning July 1, 1985, and ending June 30, 1986, and beginning July 1, 1986, and ending June 30, 1987.
Attorney General: Administrative fund.................. $367,327.................................................... $369,936
Department of taxation.............................................. 141,369...................................................... 143,785
Department of motor vehicles
Drivers license................................................. 2,429,236......................................... 2,250,127
Directors office................................................ 724,675............................................ 764,068
Administrative services................................... 2,593,116......................................... 2,714,027
Automation....................................................... 2,042,673......................................... 1,837,569
Law enforcement, highway patrol.................. 5,717,718......................................... 5,906,352
Motor carrier..................................................... 2,341,796......................................... 2,332,836
Registration....................................................... 3,466,321......................................... 3,487,107
Office of traffic safety...................................... 13,639.............................................. 18,864
Public service commission........................................ 903,888...................................................... 897,790
Budget division................................................ 21,000.............................................. 21,500
Northern Nevada honor camp........................ 15,014..................................................... -0-
κ1985 Statutes of Nevada, Page 1592 (CHAPTER 525, AB 725)κ
1985-86 1986-87
Sec. 50. The following sums are hereby appropriated from the wildlife account in the state general fund for the purpose expressed in this section for the fiscal years beginning July 1, 1985, and ending June 30, 1986, and beginning July 1, 1986, and ending June 30, 1987.
For the support of the state predatory animal and rodent committee................................................. $20,000...................................................... $20,000
Sec. 51. 1. Except as provided in subsection 3, the sums appropriated in this act must be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work programmed for the two separate fiscal years, 1985-86 and 1986-87, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration and in accordance with the provisions of the state budget act.
2. Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
3. Pursuant to law, sums appropriated for the support of the supreme court of Nevada and the legislative fund are excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 52. The sums appropriated to:
1. Senior citizens property tax assistance;
2. Care of handicapped children;
3. Forest fire suppression;
4. National guard benefits;
5. Tuberculosis control;
6. Crippled childrens services;
7. Child welfare services;
8. Food stamps;
9. Aid to dependent children;
10. Assistance to aged and blind;
11. Welfare medical care services; and
12. The Nevada state prison system for honor camps,
are available for both fiscal years 1985-86 and 1986-87, and may be transferred from one fiscal year to the other with the approval of the interim finance committee upon the recommendation of the governor.
κ1985 Statutes of Nevada, Page 1593 (CHAPTER 525, AB 725)κ
Sec. 53. The sums appropriated to the legislative fund by section 17 of this act for the support of the legislative commission, the various divisions of the legislative counsel bureau and legislative interim operations are available for both fiscal years 1985-86 and 1986-87, and may be transferred among the legislative commission, the various divisions of the legislative counsel bureau and the legislative interim operations and from one fiscal year to another with the approval of the legislative commission upon the recommendation of the director of the legislative counsel bureau.
Sec. 54. The sums appropriated by section 2 of this act for state agencies out-of-state travel may not be used for public officers and employees whose salaries are paid by the appropriations made to the office of the governor, the office of the lieutenant governor, the office of the state treasurer, the office of the secretary of state, the office of the state controller, or any officers or employees of the judicial or legislative departments. Allocations may be made only to support the out-of-state travel of employees whose salaries are wholly or partially supported by the state general fund.
Sec. 55. The total amounts appropriated in section 31 of this act to each of the accounts of the welfare division enumerated in section 52 of this act, except for the amounts appropriated for the assistance to the aged and blind programs, are limits, and the division shall not request additional money for these programs.
Sec. 56. The sums appropriated to the welfare division by section 31 of this act may be transferred among the various budget accounts of the welfare division with the approval of the interim finance committee upon the recommendation of the governor.
Sec. 57. The sums appropriated to the department of prisons by section 33 of this act may be transferred among the various budget accounts of department of prisons with the approval of the interim finance committee upon the recommendation of the governor.
Sec. 58. In addition to the requirements of NRS 353.225, for the fiscal years 1985-86 and 1986-87, the board of regents of the University of Nevada shall comply with any request by the governor to set aside from the appropriations made by this act in any specified amount.
Sec. 59. There is hereby appropriated $11,621 to the public employees retirement board to be expended for administration of the legislators retirement system for the period July 1, 1985, through June 30, 1987.
Sec. 60. 1. Unencumbered balances of the appropriations made in this act for the fiscal years 1985-86 and 1986-87 must not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsection 2, unencumbered balances of these appropriations revert to the fund from which appropriated.
2. Any unencumbered balance of the appropriations made to the legislative fund by section 1 do not revert to the state general fund but constitute a balance carried forward.
κ1985 Statutes of Nevada, Page 1594 (CHAPTER 525, AB 725)κ
Sec. 61. If any claims which are payable and properly approved exceed the amount available in the department of prisons warehouse account, the state controller may temporarily transfer, upon the recommendation of the chief of the budget division of the department of administration, from the appropriations made in section 33 of this act for the Nevada state prison, northern Nevada correctional center, Nevada womens correctional center and northern Nevada honor camp such amount as may be required to pay the claims but not exceeding a total of $400,000.
Sec. 62. The state controller shall provide for the payment of claims legally obligated in each fiscal year on behalf of state agencies until the last Friday of the August immediately following the end of each fiscal year.
________
Assembly Bill No. 550Committee on Elections
CHAPTER 526
AN ACT relating to absent ballots; providing for handling before election day; providing a penalty; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Beginning at 8 a.m. on the day before the day of an election, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board shall withdraw all the ballots deposited in the absent voters ballot boxes before that day and ascertain that each box has the required number of ballots according to the county clerks absent voters record.
2. Any absent ballots received by the county clerk after 8 a.m. on the day that ballots are withdrawn must be held by him until ballots received before that day have been withdrawn pursuant to subsection 1. The clerk shall then deposit those absent ballots in the appropriate ballot boxes.
3. The counting board or absent ballot central counting board shall count the number of ballots in the same manner as election boards.
Sec. 2. NRS 293.217 is hereby amended to read as follows:
293.217 The county clerk of each county shall appoint and notify registered voters to act as [election board] officers of the election board for the various precincts and districts in the county as provided in NRS 293.220 to 293.245, inclusive, and section 1 of this act, and shall conclude [such] those duties no later than 31 days [preceding] before the election. Not all of the registered voters appointed as [election board] officers of the election board for any precinct or district shall be of the same political party.
κ1985 Statutes of Nevada, Page 1595 (CHAPTER 526, AB 550)κ
board] officers of the election board for any precinct or district shall be of the same political party. No candidate for nomination or election or his relative within the second degree of consanguinity or affinity may be appointed as an [election board officer.] officer of an election board. Immediately after [election board] officers of an election board are appointed, if requested by the county clerk, the sheriff shall:
1. Appoint a deputy sheriff for each polling place in the county and for the central election board or the absent ballot central counting board; or
2. Deputize as a deputy sheriff for the election an [election board] officer of an election board of each polling place in the county and for the central election board or the absent ballot central counting board. The deputized [election board] officer shall receive no additional compensation for his services rendered as [such] a deputy sheriff during the election for which he is deputized.
Deputy sheriffs so appointed and deputized shall preserve order during hours of voting and attend closing of the polls.
Sec. 3. NRS 293.225 is hereby amended to read as follows:
293.225 1. Members of election boards [shall] continue as such from the [time of preparation for opening the polls] day before the day of the election, until the time for filing contests of the election has expired.
2. Each member of an election board [shall be] is subject to call by the board of county commissioners [for the purpose of correcting] to correct any errors discovered during the canvass of votes by the board of county commissioners.
3. Reserve election board officers [shall] must be appointed by the county clerk, if practicable, for the purpose of filling any vacancy which occurs on the day of the election [day, and such] , and the reserve officers [shall] must be compensated if they serve at the polls.
4. If a vacancy occurs in any election board on the day of the election [day] and no reserves are available, [such] the election board may appoint, at the polling place, any registered voter who is willing to serve and satisfies [such] the election board that he possesses the qualifications required to perform the services required.
Sec. 4. NRS 293.243 is hereby amended to read as follows:
293.243 1. An absent ballot central counting board consists of election board officers appointed in such numbers as the county clerk determines to be required by the volume of absent ballots requested.
2. The county clerks deputies who perform duties in connection with elections shall be [considered] deemed officers of the absent ballot central counting board.
3. When requested by the county clerk, the sheriff shall appoint a deputy sheriff to keep order during [such] the counting boards counting of the absent ballot votes.
4. [The counting of votes on the absent ballots and mailing precinct ballots must be in public.
κ1985 Statutes of Nevada, Page 1596 (CHAPTER 526, AB 550)κ
5.] Such a counting board is under the direction of the county clerk.
[6. Members of the absent ballot central counting board shall begin the performance of their duties as soon as the polls close, and shall continue in session until all the votes cast on absent voters ballots are counted.]
Sec. 5. NRS 293.363 is hereby amended to read as follows:
293.363 When the polls are closed, the counting board shall prepare to count the [vote.] ballots voted that day. The counting procedure shall be public and continue without adjournment until completed. The counting board shall prepare in the following manner:
1. The pollbooks [shall] must be compared and errors corrected until the books agree.
2. The ballot box [shall] must be opened and the ballots contained therein counted by the counting board and opened far enough to ascertain whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they [shall] must be laid aside until the count of the ballots is completed. If, on comparison of the count with the pollbook, a majority of the inspectors are of the opinion that the ballots [thus] folded together were voted by one person, [such ballots shall] the ballots must be rejected and placed in an envelope, upon which [shall] must be written the reason for their rejection. The envelope [shall] must be signed by the counting board officers and placed in the ballot box after the count is completed.
3. If the ballots in the box are found to exceed in number the number of names on the pollbooks, the ballots [shall] must be replaced in the box, and a counting board officer, with his back turned to the box, shall draw out a number of ballots equal to the excess. [Such] The excess ballots [shall] must be marked on the back thereof with the words Excess ballots not counted. [Such] The ballots when so marked [shall] must be immediately sealed in an envelope and returned to the county clerk with the other ballots rejected for any cause.
4. When it has been ascertained that the pollbook and the number of ballots agree with the number of names of registered voters shown to have voted, the board shall proceed to count. If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy [shall] must be made.
Sec. 6. NRS 293.385 is hereby amended to read as follows:
293.385 1. After 8 a.m. on election day, the counting board, if it is responsible for counting absent ballots, or the absent ballot central counting board [, if any,] shall withdraw all the ballots received the previous day from absent voters ballot boxes and ascertain that each box has the required number of ballots according to the county clerks absent voters ballot record.
2. If any absent ballots are received by the county clerk on election day, pursuant to NRS 293.316, the county clerk shall hold [such] the ballots until ballots received before election day have been withdrawn pursuant to subsection 1.
κ1985 Statutes of Nevada, Page 1597 (CHAPTER 526, AB 550)κ
pursuant to subsection 1. Thereafter, the county clerk shall deposit [such] the absent ballots in the appropriate ballot boxes.
3. After the polls close the [absent ballot central counting] appropriate board shall count in public the votes [in the same manner as election boards.] cast on the absent ballots.
4. The result of the absent ballot vote in each precinct or district [shall] must be certified and submitted to the county clerk, who shall have [such] the results added to the [precinct or district regular votes.] regular votes of the precinct or district.
5. Any person who disseminates to the public in any way information pertaining to the count of absent ballots before the polls close is guilty of a misdemeanor.
________
Assembly Bill No. 620Assemblymen Horne, Bilyeu, Stone, Joerg, Zimmer, Dini, Thomas, Getto, Banner, Marvel, Roberts, Humke, Bergevin, Rader, McGaughey, Francis, Malone, Tebbs, Lambert, Kerns, Price, Bogaert, Thompson, Beyer, Spriggs, Little, Fairchild, Ham, Nicholas, Craddock, Coffin, Nevin, DuBois, ODonnell, Williams and Jeffrey
CHAPTER 527
AN ACT relating to criminal procedure; eliminating the requirement that the supreme court review sentences of death to determine if the sentence is disproportionate to the sentences imposed in similar cases; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 177.055 is hereby amended to read as follows:
177.055 1. When upon a plea of not guilty or not guilty by reason of insanity a judgment of death is entered, an appeal is deemed automatically taken by the defendant without any action by him or his counsel, unless the defendant or his counsel affirmatively waives the appeal within 30 days after the rendition of the judgment.
2. Whether or not the defendant or his counsel affirmatively waives the appeal, the sentence [shall] must be reviewed on the record by the supreme court, which shall consider, in a single proceeding if an appeal is taken:
(a) Any errors enumerated by way of appeal;
(b) Whether the evidence supports the finding of an aggravating circumstance or circumstances;
(c) Whether the sentence of death was imposed under the influence of passion, prejudice or any arbitrary factor; and
(d) Whether the sentence of death is excessive [or disproportionate to the penalty imposed in similar cases in this state,] , considering both the crime and the defendant.
κ1985 Statutes of Nevada, Page 1598 (CHAPTER 527, AB 620)κ
3. The supreme court, when reviewing a death sentence, may:
(a) Affirm the sentence of death;
(b) Set the sentence aside and remand the case for a new penalty hearing:
(1) If the original penalty hearing was before a jury, before a newly empaneled jury; or
(2) If the original penalty hearing was before a panel of judges, before a panel of three district judges which [shall] must consist, insofar as possible, of the members of the original panel; or
(c) Set aside the sentence of death and impose the sentence of imprisonment for life without possibility of parole.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 338Assemblymen DuBois, Thomas, Sedway, Stone, Collins, Malone, Price, Little, Bergevin, Bogaert, Roberts, Craddock, Nicholas, Thompson, Tebbs, Horne, Ham, Zimmer, Nevin, Beyer, Fairchild, Rader, ODonnell and Lambert
CHAPTER 528
AN ACT relating to controlled substances; changing the penalty to murder in the first or second degree for selling a controlled substance that causes a death; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 453.333 is hereby amended to read as follows:
453.333 If the death of a [minor was] person is proximately caused by a controlled substance which was sold to him by another person in violation of this chapter, the seller is guilty of murder . [of the second degree.] If convicted of murder in the second degree, he shall be punished as provided in subsection 5 of NRS 200.030. If convicted of murder in the first degree, he shall be punished as provided in subsection 4 of NRS 200.030, except that the punishment of death may be imposed only if the requirements of paragraph (a) of subsection 4 of that section have been met and if the defendant is or has previously been convicted of violating NRS 453.3385, 453.339 or 453.3395 or a law of any other jurisdiction which prohibits the same conduct.
Sec. 2. NRS 200.010 is hereby amended to read as follows:
200.010 Murder is the unlawful killing of a human being, with malice aforethought, either express or implied, or caused by a controlled substance which was sold to a [minor] person in violation of chapter 453 of NRS. The unlawful killing may be effected by any of the various means by which death may be occasioned.
________
κ1985 Statutes of Nevada, Page 1599κ
Senate Bill No. 196Committee on Government Affairs
CHAPTER 529
AN ACT relating to the use of water in certain areas of Washoe County; creating the Regional Water Planning and Advisory Board of Washoe County to replace the former Authority; authorizing the board to plan for and make recommendations concerning the use of water within the region; and providing other matters properly relating thereto.
[Approved June 6, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 487, Statutes of Nevada 1983, at page 1309, is hereby amended to read as follows:
Sec. 2. The legislature [hereby determines,] finds and declares [:
1. All property to be acquired by the district hereunder must be owned, operated, administered and maintained for and on behalf of all of the people of the district.
2. The creation of the district hereby promotes the health, comfort, safety, convenience and welfare of all the people of the state, and will be of special benefit to the inhabitants of the district and the property therein.
3. The provision in this act of the purposes, powers, duties, privileges, immunities, rights, liabilities and disabilities concerning the district will serve a public purpose.
4. The district created hereby is a political subdivision of the state, and a quasi-municipal corporation with the powers herein provided.
5. Any notice provided for herein for any purpose is reasonably calculated to inform each person of interest in any proceedings hereunder which may directly and adversely affect his legally protected interests, if any.
6. The necessity for this act results from:
(a) The large population growth in the urban area hereby included within the district, constituting a major portion of the states population;
(b) The numerous capital improvements and large amount of improved real property situated within such urban area;
(c) The arid or semiarid nature of the urban area, the scarcity of water therein, the necessity of the development of a larger water supply for the urban area and of a larger regional system for the acquisition and transmission of water supplies to the urban area;
(d) The division of the urban area into large areas of incorporated areas and unincorporated areas;
(e) The fragmentation and proliferation of powers, rights, privileges and duties pertaining to water supply within the urban area among a substantial number of public bodies, corporations and other persons;
κ1985 Statutes of Nevada, Page 1600 (CHAPTER 529, SB 196)κ
among a substantial number of public bodies, corporations and other persons;
(f) The resultant problems in water supply require extensive management and planning of the use of the water supplies existing within the district and require that appropriated water used in the district and unappropriated water found within the district must remain in the district unless its export is approved by the board as part of a comprehensive plan; and
(g) The close interrelationship between the allocation and distribution of surface and subsurface water for domestic, commercial and industrial use.
7. A general law cannot be made applicable to the district, and to properties, powers, duties, privileges, immunities, rights, liabilities and disabilities pertaining thereto as herein provided, because of the number of atypical factors and special conditions concerning them.
8. The powers, privileges and rights herein granted and the duties, immunities, liabilities and disabilities herein provided comply in all respects with any requirement or limitation imposed by any constitutional provision.
9. For the accomplishment of the purposes provided in this section the provisions of this act must be broadly construed.] that this special act which creates the Regional Water Planning and Advisory Board of Washoe County is necessary because a general law cannot be made applicable to the region, and to properties, powers, duties, privileges, immunities, rights, liabilities and disabilities pertaining thereto because of the number of atypical factors and special conditions concerning them which include:
1. The rapidly increasing population in the region, which constitutes a major portion of the states population.
2. The numerous capital improvements and large amount of improved real property situated within the region;
3. The arid or semiarid nature of the area within the region, the scarcity of water therein, the necessity of the development of a larger water supply for the area;
4. The division of the region into large incorporated and unincorporated areas and the need to coordinate the requirements for water in Washoe County and the valleys to the north and south;
5. The problems inherent in the supply of water which require extensive planning;
6. The close interrelationship between the allocation and distribution of surface and subsurface water for domestic commercial and industrial use;
7. The torrential storms occurring sporadically and intermittently in the region and other areas which drain into the region;
8. The potential for flooding in the region and the resultant risks to the property and to the health and safety of the persons therein; and
κ1985 Statutes of Nevada, Page 1601 (CHAPTER 529, SB 196)κ
9. The risk of the pollution of the water supply because of inadequacies in any facility for the drainage or supply of water.
Sec. 2. Section 4 of chapter 487, Statutes of Nevada 1983, at page 1310, is hereby amended to read as follows:
Sec. 4. As used in this act, unless the context otherwise requires [:
1. Authority means the Washoe County Metropolitan Water Authority.
2. Board] , board means the [board of directors of the authority.] Regional Water Planning and Advisory Board.
Sec. 3. Section 5 of chapter 487, Statutes of Nevada 1983, at page 1310, is hereby amended to read as follows:
Sec. 5. [The boundaries of the jurisdiction of the authority are the boundaries of Washoe County except that the jurisdiction of the authority does not extend to the part of the county which is:
1.] There is hereby created the Regional Water Planning and Advisory Board of Washoe County. The region consists of all land in Washoe County except the land located:
1. Within the Pyramid Lake Indian Reservation and the Reno Indian Colony;
2. In the drainage area naturally tributary to Lake Tahoe, including that lake; or
[2.] 3. North of the 5th standard parallel, which is the north line of Township 25 North, M.D.B. & M.
Sec. 4. Section 6 of chapter 487, Statutes of Nevada 1983, at page 1311, is hereby amended to read as follows:
Sec. 6. [1. The authority is governed by a board of directors consisting of:
(a) Four] The board consists of:
1. Three members of the Reno city council, designated by that council.
[(b) Two]
2. Three members of the board of county commissioners of Washoe County, one of whom represents district number two and one of whom represents district number five as those districts respectively exist on the effective date of this act, and one designated by that board.
[(c)] 3. Two members of the Sparks city council [,] or one such member and the mayor of the City of Sparks, designated by that council.
[(d)] 4. One member who is a representative of the general public to be designated by the members of the board . [representing the Reno city council.
2. The members of the board shall elect a chairman from among themselves.
3. The board shall meet at the call of the chairman and as frequently as the board deems necessary.
κ1985 Statutes of Nevada, Page 1602 (CHAPTER 529, SB 196)κ
4. No meeting of the board may commence or continue unless a quorum of at least a majority of the members of the board is present. A majority vote of the quorum present is required to take action with respect to any matter.
5. Members of the board serve without compensation, except that they are entitled to reasonable travel expenses and the subsistence allowance provided for county officers and employees for attendance at meetings and conduct of other business of the authority.
6. The board may adopt a seal and alter it at its pleasure.]
Sec. 5. Section 7 of chapter 487, Statutes of Nevada 1983, at page 1311, is hereby amended to read as follows:
Sec. 7. 1. The [county clerk, treasurer, auditor and comptroller of Washoe County shall serve the authority in the same capacity as they serve the county government.] officers of the board consist of a president, a vice president, a secretary and a treasurer. These officers serve at the will of the board. One person may be appointed to serve as both secretary and treasurer. The board may designate the county clerk of Washoe County and the county treasurer of Washoe County, respectively, to act ex officio as secretary and treasurer, or it may designate any other person to fill either or both of the offices. No additional bond may be required of the county treasurer of Washoe County as ex officio district treasurer.
2. The board may appoint an assistant secretary, who shall exercise such of the powers and perform such of the duties of the secretary as may be designated by the board. The board may also appoint an attorney, engineer, manager and such other assistants as may be necessary. The board may also request the city attorneys of Sparks and Reno and the district attorney of Washoe County to advise and represent the board in legal matters.
3. The board may contract with local governmental agencies for administrative services.
Sec. 6. Section 8 of chapter 487, Statutes of Nevada 1983, at page 1311, is hereby amended to read as follows:
Sec. 8. [1. No director, officer, employee or agent of the authority may be interested in any contract or transaction with the authority except in his official capacity or as is provided in his contract of employment with the authority.
2. The holding of any office or employment in any other public body of the state or of its political subdivisions or the owning of any property within the state, whether within or without the boundaries of the authority, is not a disqualification for membership on the board or employment by the authority or for compensation for services as a director, officer, employee or agent of the authority.]Except as otherwise provided in section 8.2 of this act, the holding of any governmental office or employment or the ownership of any property within the region does not disqualify a person for:
κ1985 Statutes of Nevada, Page 1603 (CHAPTER 529, SB 196)κ
1. Membership on the board or the technical advisory committee;
2. Employment by the board; or
3. Compensation for services as an officer, employee or agent of the board.
Sec. 7. Section 9 of chapter 487, Statutes of Nevada 1983, at page 1311, is hereby amended to read as follows:
Sec. 9. The board may:
1. Fix the location of [the] its principal place of business . [of the authority.
2. Appoint a general manager of the authority.
3. Delegate and redelegate to officers of the authority the power to employ necessary executives, clerical workers, engineering assistants and laborers, and retain legal, accounting or engineering services, subject to such conditions and restrictions as may be imposed by the board.
4.] 2. Prescribe the powers, duties, compensation and benefits of [all] its officers and employees . [of the authority.
5.] 3. Require such bonds as are necessary to protect the [funds] money and other property of the [authority.] board.
Sec. 8. Section 11 of chapter 487, Statutes of Nevada 1983, at page 1312, is hereby amended to read as follows:
Sec. 11. The [authority] board may:
1. Sue and be sued in its own name in any court of competent jurisdiction.
2. [Borrow or accept] Accept grants of money.
3. [Adopt such bylaws as are necessary for the exercise of the powers and conduct of the affairs of the authority.
4.] Perform all acts reasonably implied from and necessary for the full exercise of all the powers of the [authority.
5.] board.
4. Enter into contracts, including cooperative agreements under chapter 277 of NRS [.
6.] , which are consistent with its authority granted pursuant to this act.
5. Employ and fix the compensation of its staff and professional advisors.
[7. Plan for the present and future use of water resources within the jurisdiction or at the disposal of the authority, and prepare and recommend legislation concerning the authority.]
Sec. 9. Chapter 487, Statutes of Nevada 1983, at page 1309, is hereby amended by adding thereto new sections to be designated, respectively, as sections 7.2, 7.4, 7.6, 8.2, 8.4, 8.6, 11.1, 11.2, 11.3, 13 and 14, to read, respectively, as follows:
Sec. 7.2. Any vacancy on the board must be filled by the council or board which selected the previous member.
κ1985 Statutes of Nevada, Page 1604 (CHAPTER 529, SB 196)κ
Sec. 7.4. Each member, before entering upon his official duties, shall take and subscribe an oath or affirmation before an officer authorized to administer oaths. The oath or affirmation must be filed with the clerk of Washoe County.
Sec. 7.6. 1. The board shall meet at the call of the president and as frequently as the board deems necessary. All meetings of the board must be held within the region.
2. No business of the board may be transacted except at a regular or special meeting.
3. Except as otherwise provided in subsection 4, no meeting of the board may commence or continue unless a quorum consisting of at least six members of the board is present. An affirmative vote by a majority of the members present is required to take action with respect to any matter.
4. The board may take action with respect to ministerial matters when five members of the board are present.
Sec. 8.2. 1. No member may receive compensation for his services as a member of the board.
2. No member may receive any compensation as an officer, engineer, attorney, employee or other agent of the board.
3. The board may authorize the reimbursement of expenses incurred by a member which pertain to the activities of the board.
Sec. 8.4. 1. There is hereby created a technical advisory committee of not less than five members selected by the board to give advice and technical assistance to the board in carrying out its duties. The member of the board representing the general public shall act as chairman of the committee and must have the same qualifications as the other members of the committee.
2. The members of the committee may be engaged or employed in private enterprise or employees of state or local governmental agencies, and must be:
(a) Professional engineers licensed pursuant to the provisions of chapter 625 of NRS;
(b) Specialists in hydrology; or
(c) Persons with experience in the management of water.
3. The committee shall meet at the call of the chairman and as frequently as it deems necessary.
4. No member of the committee is entitled to receive compensation for his services as a member of the committee.
Sec. 8.6. 1. The board shall, on a form prescribed by the Nevada tax commission, annually prepare a budget for the ensuing fiscal year. On or before February 15, the board shall submit a copy of the budget to the Reno city council, the Sparks city council and the board of county commissioners of Washoe County.
2. Each of these local governmental entities shall review the budget and submit any comments regarding the budget on or before March 15 to the Nevada tax commission.
κ1985 Statutes of Nevada, Page 1605 (CHAPTER 529, SB 196)κ
3. The Nevada tax commission shall:
(a) Review the budget as to its form;
(b) Determine the rate of levy, not to exceed one-half cent on each $100 of assessed valuation, which, when applied to the assessed valuation of all taxable property within the region, will produce an amount, when combined with the other revenues of the board, sufficient to pay the expenses budgeted by the board for its operation during the ensuing fiscal year; and
(c) Certify to the board and the board of county commissioners of Washoe County the rate of levy determined pursuant to paragraph (b).
4. The board shall instruct the county to levy a tax upon all taxable property in accordance with the certified rate at the time and in the manner required by law for the levying of taxes for county purposes.
5. The proper officer or authority of Washoe County, on behalf of the board, shall levy and collect the tax at the certified rate. The tax must be collected in the same manner, including interest and penalties, as other taxes collected by the county. When collected, the tax must be paid to the board in monthly installments for deposit in the appropriate depository.
6. The executive director of the department of taxation shall add the amount of tax collected pursuant to this section to the maximum combined revenue otherwise allowable to Washoe County under NRS 354.59805, 354.59811 and 354.59816.
Sec. 11.1. The board may take by trade, grant, purchase, gift, devise or lease, and hold, use, lease or dispose of real and personal property within or without the region.
Sec. 11.2. The board may determine whether the recharging of the supply of underground water within the region is needed in a specific area. If it is determined that recharging is necessary, the local governing body which has the authority to plan or limit the use of the land in that area shall direct such actions regarding the land in that area as are necessary to maintain or increase the recharging of that supply
Sec. 11.3. The board shall, by using to the extent practicable existing reports and studies:
1. Develop a regional plan for the present and future use of water resources within the region in a manner which considers existing statutes or ordinances or plans for the use of land which are adopted by local governmental entities within the region, and which recognizes and coordinates the needs of the incorporated areas of the region with the outer unincorporated areas of that region.
2. Develop methods for conserving existing supplies of water.
3. Identify potential supplies of water and determine the extent of those supplies and the nature of the problems involved in their development and management.
κ1985 Statutes of Nevada, Page 1606 (CHAPTER 529, SB 196)κ
of those supplies and the nature of the problems involved in their development and management.
4. Develop efficient methods for the collection, storage, management, treatment and delivery of water in order to increase the yield of existing supplies within the region.
5. Develop methods of collecting and treating sewage in order to protect and conserve supplies of water.
6. Provide information to members of the public regarding present and potential uses of water.
7. Make recommendations to:
(a) The governing bodies of Reno, Sparks and Washoe County;
(b) The planning commissions of those local governments;
(c) The public service commission of Nevada; and
(d) The state engineer,
concerning the management and use of water within the region.
Sec. 13. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity does not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 14. For the accomplishment of the purposes of this act, the provisions of this act must be broadly construed.
Sec. 10. Sections 1, 3 and 10 of chapter 487, Statutes of Nevada 1983, at pages 1309, 1310 and 1312, respectively, are hereby repealed.
Sec. 11. The title of chapter 487, Statutes of Nevada 1983, at page 1309, is hereby amended to read as follows:
AN ACT [designated as the Washoe County Metropolitan Water Authority Law;] relating to the use of water [for domestic, commercial and industrial purposes;] in certain areas of Washoe County; creating the [Washoe County Metropolitan Water Authority] Regional Water Planning and Advisory Board of Washoe County; defining the boundaries of its jurisdiction; providing for its governing body, officers and employees; empowering the [authority] board to plan for the use of water [resources, study its future functions and prepare] and recommend legislation concerning the future of the [authority;] region; and providing other matters properly relating thereto.
Sec. 12. This amendatory act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 1607κ
Senate Bill No. 276Committee on Finance
CHAPTER 530
AN ACT relating to elected state officers; increasing salaries prospectively; making appropriations; and providing other matters properly relating thereto.
[Approved June 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 2.050 is hereby amended to read as follows:
2.050 1. Until the 1st Monday in January [1983, the justice of the supreme court whose term of office expires on the 1st Monday in January 1983 is entitled to receive an annual salary of $35,000. From and after the 1st Monday in January 1983, his successors in office are entitled to receive an annual salary of $61,500.
2. Until the 1st Monday in January 1985, the justices of the supreme court whose terms of office expire on the 1st Monday in January 1985 are entitled to receive an annual salary of $47,250. From and after the 1st Monday in January 1985, their successors in office are entitled to receive a salary of $61,500.] 1987, the justices of the supreme court whose terms expire on the 1st Monday in January 1987 are entitled to receive an annual salary of $47,250. From and after the 1st Monday in January 1987, their successors in office are entitled to receive a salary of $73,500.
2. Until the 1st Monday in January 1989, the justice of the supreme court whose term of office expires on the 1st Monday in January 1989 is entitled to receive an annual salary of $61,500. From and after the 1st Monday in January 1989, his successors in office are entitled to receive an annual salary of $73,500.
3. Until the 1st Monday in January [1987,] 1991, the justices of the supreme court whose terms of office expire on the 1st Monday in January [1987] 1991 are entitled to receive an annual salary of [$47,250.] $61,500. From and after the 1st Monday in January [1987,] 1991, their successors in office are entitled to receive a salary of [$61,500.] $73,500.
4. All salaries provided for in this section are payable in biweekly installments as other state officers are paid.
Sec. 2. NRS 3.030 is hereby amended to read as follows:
3.030 1. The annual salary of each district judge is $56,000.
2. In addition to the salary specified in subsection 1, each district judge who is available to serve ex officio as a member of a board of law library trustees and is available to sit on the supreme court whenever designated by the governor is entitled to receive an annual salary of $11,000.
3. All of the salaries must be paid in biweekly installments out of the district judges salary account of the supreme court.
[3.] 4. No salary of any district judge may be paid in advance.
κ1985 Statutes of Nevada, Page 1608 (CHAPTER 530, SB 276)κ
Sec. 3. NRS 3.030 is hereby amended to read as follows:
3.030 1. The annual salary of each district judge is [$56,000.
2. In addition to the salary specified in subsection 1, each district judge who is available to serve ex officio as a member of a board of law library trustees and is available to sit on the supreme court whenever designated by the governor is entitled to receive an annual salary of $20,500.
3.] $67,000.
2. All of the salaries must be paid in biweekly installments out of the district judges salary account of the supreme court.
[4.] 3. No salary of any district judge may be paid in advance.
Sec. 4. NRS 213.015 is hereby amended to read as follows:
213.015 1. Until the 1st Monday in January [1983:] 1987:
(a) Any member of the board whose annual salary as a justice of the supreme court is [$47,250] $61,500 shall receive no salary as a member of the board.
(b) Any member of the board whose annual salary as a justice of the supreme court is [$35,000] $47,250 is entitled to receive as a member of the board an annual salary of [$12,250.] $14,250.
2. From and after the 1st Monday in January [1983:] 1987:
(a) Any member of the board whose annual salary as a justice of the supreme court is set by subsection 1 of NRS 2.050 shall receive no salary as a member of the board.
(b) Any member of the board whose annual salary as a justice of the supreme court is set by subsection 2 or 3 of NRS 2.050 is entitled to receive as a member of the board an annual salary in an amount which when added to his salary as a justice equals the salary set by subsection 1 of NRS 2.050.
3. The salaries provided for in this section must be paid out of money provided by direct legislative appropriation from the state general fund.
Sec. 5. NRS 218.210 is hereby amended to read as follows:
218.210 1. Each senator elected before November [2, 1982,] 4, 1986, or appointed to succeed a senator elected before November [2, 1982,] 4, 1986, is entitled to receive as compensation [$80] $104 per day for each day of service:
(a) During any regular session, for the number of days the legislature is in session, or in adjournment for not more than 3 days, or the maximum number of days for which compensation for a regular session is permitted by the constitution, whichever is smaller; and
(b) During any special session, for the number of days the legislature is in session or the maximum number of days for which compensation for a special session is permitted by the constitution, whichever is smaller.
2. Each senator and assemblyman elected on or after November [2, 1982,] 4, 1986, or appointed to succeed a senator or assemblyman elected on or after November [2, 1982,] 4, 1986, is entitled to receive as compensation [$104] $130 per day for each day of service:
κ1985 Statutes of Nevada, Page 1609 (CHAPTER 530, SB 276)κ
elected on or after November [2, 1982,] 4, 1986, is entitled to receive as compensation [$104] $130 per day for each day of service:
(a) During any regular session, for the number of days the legislature is in session, or in adjournment for not more than 3 days, or the maximum number of days for which compensation for a regular session is permitted by the constitution, whichever is smaller; and
(b) During any special session, for the number of days the legislature is in session or the maximum number of days for which compensation for a special session is permitted by the constitution, whichever is smaller.
Sec. 6. NRS 223.050 is hereby amended to read as follows:
223.050 Until the 1st Monday in January [1983,] 1987, the governor is entitled to receive an annual salary of [$50,000.] $65,000. From and after the 1st Monday in January [1983,] 1987, the governor is entitled to receive an annual salary of [$65,000.] $77,500.
Sec. 7. NRS 224.050 is hereby amended to read as follows:
224.050 1. Until the 1st Monday in January [1983,] 1987, the lieutenant governor is entitled to receive an annual salary of [$8,000.] $10,500. From and after the 1st Monday in January [1983,] 1987, the lieutenant governor is entitled to receive an annual salary of [$10,500.] $12,500.
2. In addition to the annual salary provided for in subsection 1, the lieutenant governor is entitled to receive [$104 per day for such times as he may be actually employed as governor or president of the senate, and if he travels daily from his home to sessions of the legislature, he is entitled to receive, for each mile between the capital and his home, for each day the senate is actually convened, travel expenses at the rate of 21 cents per mile traveled.] the compensation provided for a majority of the members of the legislature during the first 60 days of the session and the per diem allowance and travel expenses authorized for the members of the legislature.
3. In addition to the salary provided in subsections 1 and 2, [if] the lieutenant governor [does not travel from home daily but takes up a temporary residence in the vicinity of the capital for the duration of the legislative session, he is entitled to receive a per diem expense allowance of $44 for each day he is away from his home and for the entire period that the legislature is in session.
4. The lieutenant governor] is entitled to receive $130 for each day on which he is actually employed as governor and the per diem allowance and travel expenses as provided for state officers and employees generally when acting as governor, or when discharging other official duties as lieutenant governor, at times when the legislature is not in session.
Sec. 8. NRS 225.050 is hereby amended to read as follows:
225.050 Until the 1st Monday in January [1983,] 1987, the secretary of state is entitled to receive an annual salary of [$32,500.] $42,250. From and after the 1st Monday in January [1983,] 1987, the secretary of state is entitled to receive an annual salary of [$42,250.] $50,500.
κ1985 Statutes of Nevada, Page 1610 (CHAPTER 530, SB 276)κ
Sec. 9. NRS 226.090 is hereby amended to read as follows:
226.090 Until the 1st Monday in January [1983,] 1987, the state treasurer is entitled to receive an annual salary of [$31,500.] $41,000. From and after the 1st Monday in January [1983,] 1987, the state treasurer is entitled to receive an annual salary of [$41,000.] $49,000.
Sec. 10. NRS 227.060 is hereby amended to read as follows:
227.060 Until the 1st Monday in January [1983,] 1987, the state controller is entitled to receive an annual salary of [$31,500.] $41,000. From and after the 1st Monday in January [1983,] 1987, the state controller is entitled to receive an annual salary of [$41,000.] $49,000.
Sec. 11. NRS 228.070 is hereby amended to read as follows:
228.070 1. Until the 1st Monday in January [1983,] 1987, the attorney general is entitled to receive an annual salary of [$40,500.] $52,500. From and after the 1st Monday in January [1983,] 1987, the attorney general is entitled to receive an annual salary of [$52,500.] $62,500.
2. The attorney general is not permitted to engage in the private practice of law.
Sec. 12. NRS 380.071 is hereby repealed.
Sec. 13. There is hereby appropriated from the state general fund to the following agencies for the fiscal year 1986-1987:
Supreme court................................................................................. $26,750
State board of pardons commissioners...................................... 3,825
Boards of law library trustees...................................................... 207,380
Governors office........................................................................... 6,925
Secretary of state........................................................................... 4,570
Treasurer......................................................................................... 4,432
Controller......................................................................................... 4,432
Attorney general............................................................................ 5,540
Sec. 14. 1. Sections 2 and 5 of this act become effective on January 5, 1987.
2. Section 3 of this act becomes effective on January 7, 1991.
________
Senate Bill No. 323Committee on Government Affairs
CHAPTER 531
AN ACT relating to counties; increasing the salaries of officers; and providing other matters properly relating thereto.
[Approved June 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 245.043 is hereby amended to read as follows:
245.043 1. As used in this section:
κ1985 Statutes of Nevada, Page 1611 (CHAPTER 531, SB 323)κ
(a) County includes Carson City.
(b) County commissioner includes the mayor and supervisors of Carson City.
2. Except as provided by any special law, the elected officers of the counties of this state are entitled to receive annual salaries in the base amounts specified in the following table. The annual salaries are in full payment for all services required by law to be performed by such officers. Except as otherwise provided by law, all fees and commissions collected by such officers in the performance of their duties [shall] must be paid into the county treasury each month without deduction of any nature.
κ1985 Statutes of Nevada, Page 1612 (CHAPTER 531, SB 323)κ
ANNUAL SALARIES |
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Class |
County |
County Commissioner |
District Attorney |
Sheriff |
County Clerk |
County Assessor |
County Recorder |
County Treasurer |
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[1 |
Clark............. |
$25,000 |
$49,500 |
$48,000 |
$37,000 |
$37,000 |
$37,000 |
$37,000 |
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2 |
Washoe....... |
17,000 |
47,000 |
42,000 |
36,000 |
36,000 |
36,000 |
36,000 |
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3 |
Carson City. |
11,000 |
38,000 |
33,500 |
30,000 |
30,000 |
30,000 |
------- |
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Churchill...... |
9,000 |
36,000 |
27,500 |
24,000 |
24,000 |
24,000 |
------- |
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Douglas....... |
10,000 |
38,000 |
33,500 |
30,000 |
30,000 |
30,000 |
------- |
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Elko.............. |
10,000 |
38,000 |
29,600 |
27,000 |
27,000 |
27,000 |
27,000 |
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Humboldt.... |
9,000 |
36,000 |
27,500 |
24,000 |
24,000 |
24,000 |
24,000 |
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Lyon............. |
9,000 |
36,000 |
27,500 |
24,000 |
24,000 |
24,000 |
------- |
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Nye............... |
9,000 |
36,000 |
27,500 |
24,000 |
24,000 |
24,000 |
24,000 |
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White Pine.. |
9,000 |
36,000 |
27,500 |
24,000 |
24,000 |
24,000 |
24,000 |
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4 |
Lander.......... |
8,400 |
33,500 |
24,000 |
21,000 |
21,000 |
21,000 |
21,000 |
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Lincoln......... |
8,400 |
33,500 |
24,000 |
21,000 |
21,000 |
21,000 |
21,000 |
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Mineral........ |
8,400 |
33,500 |
24,000 |
21,000 |
21,000 |
21,000 |
------- |
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Pershing...... |
8,400 |
33,500 |
25,000 |
21,000 |
21,000 |
21,000 |
------- |
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5 |
Esmeralda.... |
7,200 |
27,500 |
20,000 |
18,000 |
18,000 |
18,000 |
------- |
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Eureka.......... |
7,200 |
27,500 |
20,000 |
18,000 |
18,000 |
18,000 |
------- |
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Storey.......... |
7,200 |
27,500 |
20,000 |
18,000 |
18,000 |
18,000 |
-------] |
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κ1985 Statutes of Nevada, Page 1613 (CHAPTER 531, SB 323)κ
|
ANNUAL SALARIES |
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Class |
County |
County Commissioner |
District Attorney |
Sheriff |
County Clerk |
County Assessor |
County Recorder |
County Treasurer |
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1 |
Clark........... |
$29,800 |
$63,900 |
$60,200 |
$44,000 |
$44,000 |
$44,000 |
$44,000 |
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2 |
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20,200 |
55,900 |
51,000 |
42,800 |
42,800 |
42,800 |
42,800 |
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3 |
Carson City |
13,100 |
45,200 |
39,900 |
35,700 |
35,700 |
35,700 |
------- |
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Churchill.... |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
------- |
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Douglas....... |
11,900 |
45,200 |
39,900 |
35,700 |
35,700 |
35,700 |
------- |
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Elko............. |
11,900 |
45,200 |
39,900 |
32,100 |
32,100 |
32,100 |
32,100 |
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Humboldt.... |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
28,600 |
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Lyon............. |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
------- |
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Nye............... |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
28,600 |
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White Pine.. |
10,700 |
42,800 |
32,700 |
28,600 |
28,600 |
28,600 |
28,600 |
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4 |
Lander......... |
10,000 |
39,900 |
28,600 |
25,000 |
25,000 |
25,000 |
25,000 |
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Lincoln........ |
10,000 |
39,900 |
28,600 |
25,000 |
25,000 |
25,000 |
25,000 |
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Mineral....... |
10,000 |
39,900 |
28,600 |
25,000 |
25,000 |
25,000 |
------- |
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Pershing...... |
10,000 |
39,900 |
29,800 |
25,000 |
25,000 |
25,000 |
------- |
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5 |
Esmeralda... |
8,600 |
30,000 |
23,800 |
21,400 |
21,400 |
21,400 |
------- |
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Eureka......... |
8,600 |
30,000 |
23,800 |
21,400 |
21,400 |
21,400 |
------- |
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Storey.......... |
8,600 |
30,000 |
23,800 |
21,400 |
21,400 |
21,400 |
------- |
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κ1985 Statutes of Nevada, Page 1614 (CHAPTER 531, SB 323)κ
Sec. 2. This act becomes effective on January 5, 1987.
________
Senate Bill No. 478Committee on Legislative Affairs and Operations
CHAPTER 532
AN ACT relating to the legislature; increasing the allowances for legislators and salaries of the officers and employees; and providing other matters properly relating thereto.
[Approved June 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 218.220 is hereby amended to read as follows:
218.220 1. The per diem expense allowance and the travel and telephone expenses of senators and assemblymen elected or appointed and in attendance at any session or presession orientation conference of the legislature must be allowed in the manner set forth in this section.
2. For initial travel from his home to Carson City, Nevada, to attend a session or presession orientation conference of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a session or termination of a presession orientation conference of the legislature, each senator and assemblyman is entitled to receive:
(a) A per diem expense allowance not to exceed the greater of:
(1) The rate of $44; or
(2) The maximum rate established by the Federal Government for the locality in which the travel is performed, for one days travel to and one days travel from the session or conference.
(b) Travel expenses computed at the rate of [20] 27 cents per mile traveled.
3. In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman is entitled to receive a supplemental [travel] allowance which must not exceed:
(a) A total of [$3,500] $5,000 during each regular session of the legislature [; and] for:
(1) His actual expenses in moving, to and from Carson City for the session; and
(2) Travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business, computed at the rate of 27 cents per mile; and
(b) A total of $1,000 during each special session of the legislature [,] for travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business, computed at the rate of [20] 27 cents per mile.
κ1985 Statutes of Nevada, Page 1615 (CHAPTER 532, SB 478)κ
4. Each senator and assemblyman is entitled to receive a per diem expense allowance not to exceed the greater of:
(a) The rate of $44; or
(b) The maximum rate established by the Federal Government for the locality in which the travel is performed, for each day that the legislature is in session or in a presession orientation conference and for each day that he attends a meeting of a standing committee of which he is a member when the legislature has adjourned for more than 4 days.
5. Each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 14 days in each period in which:
(a) The legislature has adjourned until a time certain; and
(b) The senator or assemblyman is not entitled to a per diem expense allowance pursuant to subsection 4.
6. Each senator and assemblyman is entitled to receive a telephone allowance of not more than [$1,000] $1,800 for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not more than [$200] $300 during each special session of the legislature.
7. An employee of the legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem expense allowance provided by law for state employees generally if he is required to attend a hearing of the committee outside Carson City.
8. Claims for expenses made under the provisions of this section must be made as other claims are made against the state, and must be paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 and lodging allowances authorized by subsection 5 must be paid once each week during a legislative session and upon completion of a presession orientation conference.
Sec. 2. NRS 218.221 is hereby amended to read as follows:
218.221 1. Each of the following officers of the houses of the legislature is entitled to an allowance of not more than [$300] $500 for each regular session and [$40] $64 for each special session for the payment of postage, telephone tolls and other communication charges incurred by him in the performance of his duties:
(a) The president and president pro tempore of the senate.
(b) The speaker and speaker pro tempore of the assembly.
(c) The majority floor leader and minority floor leader of each house.
(d) The chairman of each standing committee of each house, except that any chairman who would otherwise qualify for more than one allowance is entitled only to one allowance.
2. All allowances made pursuant to this section must be paid from the legislative fund.
κ1985 Statutes of Nevada, Page 1616 (CHAPTER 532, SB 478)κ
Sec. 3. NRS 218.225 is hereby amended to read as follows:
218.225 1. At each regular session of the legislature, each senator and assemblyman is entitled to receive at the expense of the legislative fund from the state printing and micrographics division of the department of general services the following:
(a) Not to exceed 1,000 letterheads (8 1/2 inches x 11 inches) and [500] 1,000 half size, or [500 letterheads (8 1/2 inches x 11 inches) and 1,000 half size, or 1,500] 2,000 of either variety;
(b) Not to exceed 1,000 No. 10 envelopes and [500] 1,000 No. 6 3/4 envelopes, or [500 No. 10 envelopes and 1,000 No. 6 3/4 envelopes, or 1,500] 2,000 of either variety; and
(c) Not to exceed 1,000 business cards and 1,000 memorandum sheets (500 each of the small and large type or 1,000 of either type).
Selections must be made from samples submitted by the superintendent of the state printing and micrographics division of the department of general services and all printing must be done in the state printing and micrographics division of the department of general services.
2. All orders for the printing specified in subsection 1 must be placed by legislators with the director of the legislative counsel bureau, who shall approve those claims which comply with the provisions of this section and shall pay such claims from the legislative fund in the same manner as other claims against the state are paid.
3. A legislator may purchase from the state printing and micrographics division of the department of general services official stationery, cards and other material appropriate to his official duties in excess of that specified in subsection 1 at his own expense.
Sec. 4. NRS 218.230 is hereby amended to read as follows:
218.230 1. There must be paid to the several officers and employees of the senate and assembly, for all services rendered by them under the provisions of this chapter, the following sums of money for each days employment and no more:
Senate
Assistant director of bill services................................................................... $53
Assistant secretary................................................................................... [$70] 80
Assistant sergeant-at-arms........................................................................ [45] 60
[Clerks] Bill clerks...................................................................................... [35] 45
Committee [stenographer] secretary........................................................ [55] 65
Director of bill services.......................................................................... 58
Director of clerical services.................................................................. 73
History clerk................................................................................................. [59] 73
Journal clerk................................................................................................. [59] 73
Minute clerk................................................................................................. [59] 73
Page............................................................................................................... [33] 45
Secretary....................................................................................................... [80] 95
κ1985 Statutes of Nevada, Page 1617 (CHAPTER 532, SB 478)κ
Senate
Senior committee [stenographer] secretary.......................................... [$57] $70
Sergeant-at-arms.......................................................................................... [65] 75
Stenographers.............................................................................................. [48] 58
[Supervisor of clerks...................................................................................... 48
Supervisor of stenographers...................................................................... 59]
Typist............................................................................................................ [40] 50
Assembly
Assistant chief clerk................................................................................. [$70] $80
Assistant sergeant-at-arms........................................................................ [45] 60
Assistant supervisor of bill clerks........................................................... [46] 53
Bill clerk................................................................................................... 45
Bill distribution clerk............................................................................. 45
Chief clerk..................................................................................................... [80] 95
[Clerks............................................................................................................. 35]
Committee [stenographer] secretary........................................................ [55] 65
History clerk................................................................................................. [59] 73
Journal clerk................................................................................................. [59] 73
Minute clerk................................................................................................. [59] 73
Pages............................................................................................................. [33] 45
Senior committee [stenographer] secretary............................................ [57] 70
Secretary................................................................................................... 58
Sergeant-at-arms.......................................................................................... [65] 75
[Stenographers.............................................................................................. 48]
Supervisor of bill distribution center.................................................. 50
Supervisor of [stenographers] secretarial staff..................................... [59] 73
Supervisor of bill clerks............................................................................. [48] 58
[Supply clerk.................................................................................................. 38]
Typists.......................................................................................................... [40] 50
2. During periods of adjournment to a day certain, employees of the legislature whose service is required shall perform duties as assigned and are entitled to be paid the amount specified in this section for each day of service.
Sec. 5. Section 3 of this act becomes effective at 12:01 a.m. on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 1618κ
Assembly Bill No. 555Committee on Taxation
CHAPTER 533
AN ACT relating to taxation; retaining the increased rate of tax on cigarettes and the tax on other products made from tobacco; increasing the rate of tax on cigarettes contingent upon the expiration of part of the federal tax; and providing other matters properly relating thereto.
[Approved June 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 370.165 is hereby amended to read as follows:
370.165 There is hereby levied a tax upon the purchase or possession of cigarettes by a consumer in the State of Nevada at the rate of [7.5] 11.5 mills per cigarette, but not less than [15] 23 cents for each package. The tax may be represented and precollected by the affixing of a revenue stamp or other approved evidence of payment to each package, packet or container in which cigarettes are sold. The tax must be precollected by the wholesale or retail dealer, and must be recovered from the consumer by adding the amount of the tax to the selling price. Each person who sells cigarettes at retail shall prominently display on his premises a notice that the tax is included in the selling price and is payable under the provisions of this chapter.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 370.260 is hereby amended to read as follows:
370.260 1. All taxes and license fees imposed by the provisions of NRS 370.001 to 370.430, inclusive, less any refunds granted as provided by law, must be paid to the department in the form of remittances payable to the department.
2. The department shall:
(a) As compensation to the state for the costs of collecting the taxes and license fees, transmit each month such sum as the legislature specifies from the remittances made to it pursuant to subsection 1 during the preceding month to the state treasurer for deposit to the credit of the department. The deposited money must be expended by the department in accordance with its work program.
(b) From the remittances made to it pursuant to subsection 1 during the preceding month, less the amount transmitted pursuant to paragraph (a), transmit each month the portion of the tax which is equivalent to [2.5] 6.5 mills per cigarette, but not less than [5] 13 cents for each package, to the state treasurer for deposit to the credit of the account for the tax on cigarettes in the state general fund.
(c) Transmit the balance of the payments each month to the state treasurer for deposit to the credit of the cigarette tax account in the intergovernmental trust fund.
(d) Report to the state controller monthly the amount of collections.
3. The money in the cigarette tax account is hereby appropriated to Carson City and to each of the counties in proportion to their respective populations.
κ1985 Statutes of Nevada, Page 1619 (CHAPTER 533, AB 555)κ
Carson City and to each of the counties in proportion to their respective populations. The amount in the account which was collected during the preceding month must be apportioned by the department and distributed by the state controller as follows:
(a) In counties having a population of 5,000 or more:
(1) If there are no incorporated cities within the county, the entire amount must go into the county treasury.
(2) If there is one incorporated city within the county the money must be apportioned between the city and the county on the basis of the population of the city and the population of the county excluding the population of the city.
(3) If there are two or more incorporated cities within the county, the entire amount must be apportioned among the cities in proportion to their respective populations.
(b) In counties having a population of less than 5,000:
(1) If there are no incorporated cities or unincorporated towns within the county, the entire amount must go into the county treasury.
(2) If there is one incorporated city or one unincorporated town within the county, the money must be apportioned between the city or town and the county on the basis of the population of the city or town and the population of the county excluding the population of the city or town.
(3) If there are two or more incorporated cities or unincorporated towns or an incorporated city and an unincorporated town within the county, the entire amount must be apportioned among the cities or towns in proportion to their respective populations.
(c) In Carson City the entire amount must go into the city treasury.
4. For the purposes of this section, unincorporated town means only those towns governed by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.
Sec. 4. NRS 370.350 is hereby amended to read as follows:
370.350 1. Except as provided in subsection 3, a tax is hereby levied and imposed upon the use of cigarettes in this state.
2. The amount of the use tax is [7.5] 11.5 mills per cigarette, but not less than [15] 23 cents for each package.
3. The use tax does not apply where:
(a) Nevada cigarette revenue stamps have been affixed to cigarette packages as required by law.
(b) Tax exemption is provided for in this chapter.
Sec. 5. Sections 2, 4.5 and 6 of Assembly Bill No. 18 of this session are hereby repealed.
Sec. 6. Section 8 of Assembly Bill No. 18 of this session is hereby amended to read as follows:
Sec. 8. 1. [This act becomes] Sections 1, 3, 4 and 5 of this act become effective upon passage and approval to authorize the department of taxation to prepare to collect the tax at the rates authorized [.
2. Sections 1, 3, 4 and 5 of this act become effective] and for all other purposes 90 days after passage and approval or on June 30, 1985, whichever is earlier.
κ1985 Statutes of Nevada, Page 1620 (CHAPTER 533, AB 555)κ
all other purposes 90 days after passage and approval or on June 30, 1985, whichever is earlier.
[3. Sections 2, 4.5 and 6 of this act become effective for all other purposes on July 1, 1985.
4.] 2. This section and section 7 of this act become effective for all other purposes upon passage and approval.
Sec. 6.5. 1. Section 20 of chapter 604, Statutes of Nevada 1983, at page 1952, is hereby repealed.
2. Section 24 of chapter 604, Statutes of Nevada 1983, as amended by chapter 80, Statutes of Nevada 1985, at page 212, is hereby amended to read as follows:
Sec. 24. 1. This section and section 19 of this act shall become effective upon passage and approval.
2. Section 16 of this act shall become effective at 12:01 a.m. on July 1, 1983.
3. [Sections 14.3, 14.5, 14.7 and 20 of this act shall become effective on July 1, 1985.
4.] The remaining sections of this act shall become effective on July 1, 1983.
[5.] 4. Sections 1 to 14, inclusive, of this act expire by limitation on July 1, 1985.
Sec. 7. 1. This section and sections 5, 6 and 6.5 of this act become effective upon passage and approval.
2. Sections 1, 3 and 4 of this act become effective upon the expiration of the amendment to 26 U.S.C. § 5701 made by section 283 of Public Law 97-248, except that if it expires before July 1, 1985, those sections become effective on July 1, 1985.
________
Assembly Bill No. 298Committee on Judiciary
CHAPTER 534
AN ACT relating to justices and municipal courts; increasing the monetary limit of the jurisdiction of justices and municipal courts; and providing other matters properly relating thereto.
[Approved June 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 4.060 is hereby amended to read as follows:
4.060 1. Except as provided in subsection 2, each justice of the peace shall charge and collect the following fees:
(a) On the commencement of any action or proceeding in the justices court, other than in actions commenced under chapter 73 of NRS, to be paid by the party commencing the actions:
If the sum claimed does not exceed [$200] $1,000.......................... [$15.00] $25.00
κ1985 Statutes of Nevada, Page 1621 (CHAPTER 534, AB 298)κ
If the sum claimed exceeds [$200] $1,000 but does not exceed [$1,250] $2,500 [$25.00].................................................................................................... $35.00
In all other civil actions..................................................................................... 25.00
(b) For the preparation and filing of an affidavit and order in an action commenced under chapter 73 of NRS:
If the sum claimed does not exceed $500........................................................ 10.00
If the sum claimed exceed $500 but does not exceed $1,000........................ 20.00
(c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid by him or them on filing the first paper in the action, or at the time of appearance:
In all civil actions................................................................................................ 10.00
For every additional defendant, appearing separately................................. 5.00
(d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued under the provisions of chapter 73 of NRS.
(e) For the filing of any paper in intervention............................................... 5.00
(f) For the issuance of any writ of attachment, writ of garnishment, writ of execution, or any other writ designed to enforce any judgment of the court. 5.00
(g) For filing a notice of appeal, and appeal bonds..................................... 10.00
One charge only [shall] may be made if both papers are filed at the same time.
(h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court..................................................................................................................... 10.00
(i) For preparation and transmittal of transcript and papers on appeal.... 10.00
(j) For celebrating a marriage and returning the certificate to the county recorder 20.00
(k) For entering judgment by confession...................................................... 5.00
2. A justice of peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by him to the county in which his township is located.
3. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which he may retain as compensation.
Sec. 2. NRS 4.370 is hereby amended to read as follows:
4.370 1. Except as limited by subsection 2, justices courts have jurisdiction of the following civil actions and proceedings and no others except as provided by specific statute:
(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed [$1,250.] $2,500.
(b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed [$1,250.]
κ1985 Statutes of Nevada, Page 1622 (CHAPTER 534, AB 298)κ
detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed [$1,250.] $2,500.
(c) Except as provided in paragraph (k) in actions for a fine, penalty or forfeiture not exceeding [$1,250,] $2,500, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed [$1,250,] $2,500, though the penalty may exceed that sum.
(e) In actions to recover the possession of personal property, if the value of the property does not exceed [$1,250.] $2,500.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed [$1,250.] $2,500.
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, if damages are sought and the damages claimed do not exceed [$1,250.] $2,500.
(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed [$1,250.] $2,500.
(j) Of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed [$1,250.] $2,500.
(k) In actions for a fine imposed for a violation of NRS 484.757.
2. The jurisdiction conferred by this section does not extent to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
3. Justices courts have jurisdiction of all misdemeanors and no other criminal offenses except as provided by specific statute.
4. Except as provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
5. In the case of any arrest made by a member of the Nevada highway patrol or by an inspector or field agent of the motor carrier division of the department of motor vehicles, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
6. Each justices court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
Sec. 3. NRS 18.020 is hereby amended to read as follows:
18.020 Costs must be allowed of course to the prevailing party against any adverse party against whom judgment is rendered, in the following cases:
κ1985 Statutes of Nevada, Page 1623 (CHAPTER 534, AB 298)κ
against any adverse party against whom judgment is rendered, in the following cases:
1. In an action for the recovery of real property.
2. In an action to recover the possession of personal property, where the value of the property amounts to more than [$1,250.] $2,500. The value must be determined by the jury, court or master by whom the action is tried.
3. In an action for the recovery of money or damages, where the plaintiff seeks to recover more than [$1,250.] $2,500.
4. In a special proceeding.
5. In an action which involves the title or boundaries of real estate, or the legality of any tax, impost, assessment, toll or municipal fine, including the costs accrued in the action if originally commenced in a justices court.
Sec. 4. NRS 73.010 is hereby amended to read as follows:
73.010 In all cases arising in the justices court for the recovery of money only, where the amount claimed does not exceed [$1,000] $1,500 and the defendant named is a resident of the township in which the action is to be maintained, the justice of the peace may proceed as provided in this chapter and by rules of court.
Sec. 5. NRS 266.555 is hereby amended to read as follows:
266.555 1. The municipal court has jurisdiction to hear, try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of this chapter of a police or municipal nature, and shall hear, try and determine cases in accordance with the provisions of those ordinances or of this chapter.
2. The municipal court has jurisdiction of offenses committed within the city, which violate the peace and good order of the city or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, dogfights, cockfights, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or opprobrious conduct, and of all offenses under ordinances of the city.
3. The municipal court has jurisdiction of:
(a) Any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed [$1,250.] $2,500.
(b) Actions to foreclose liens in the name of the city for the nonpayment of those taxes or assessments when the principal sum claimed does not exceed [$1,250.] $2,500.
(c) Actions for the breach of any bond given by any officer or person to or for the use or benefit of the city, and of any action for damages to which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from the municipal court , [in any of the cases herein named,] when the principal sum claimed does not exceed [$1,250.] $2,500.
κ1985 Statutes of Nevada, Page 1624 (CHAPTER 534, AB 298)κ
(d) Actions for the recovery of personal property belonging to the city, when the value thereof does not exceed [$1,250.] $2,500.
(e) Actions by the city for the collection of any damages, debts or other obligations when the amount claimed, exclusive of costs or attorneys fees, or both if allowed, does not exceed [$1,250.] $2,500.
4. Nothing contained in subsection 3 gives the municipal court jurisdiction to determine any such cause when it appears by the pleadings of the verified answer that the validity of any tax, assessment or levy, or title to real property is necessarily an issue in the cause, in which case the court shall certify the cause to the district court in like manner and with the same effect as provided by law for certification of causes by justices courts.
________
Assembly Bill No. 241Committee on Ways and Means
CHAPTER 535
AN ACT relating to the department of prisons; directing the acceptance of a gift offered to the department of prisons to meet an unpaid assessment and an overexpenditure; making supplemental appropriations to the department for medical care and the cost of keeping offenders; and providing other matters properly relating thereto.
[Approved June 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The director of the department of prisons shall accept the gift of $2,169 offered by Vinyl Products Manufacturing, Inc., of Carson City, Nevada, whether or not acceptance is approved by the governor or his delegate pursuant to the general provisions of subsection 5 of NRS 353.335, and shall use this money to meet the deficit in the prison grants account resulting from overexpenditure for the salaries of certain teachers and to meet the related payroll assessment. The legislature finds that the offer of this gift under these circumstances is a situation to which a general law cannot be made applicable.
Sec. 2. There is hereby appropriated from the state general fund to the department of prisons for the fiscal year 1984-85:
1. The sum of $491,075 to be used by the office of the director for medical care for offenders.
2. The sum of $50,000 to be used by the southern desert correctional center for the cost of keeping offenders.
3. The sum of $50,000 to be used by the southern Nevada correctional center for the cost of keeping offenders.
Sec. 3. There is hereby appropriated from the state general fund to the interim finance committee the sum of $95,000 for allocation to the department of prisons. The money must be allocated to the northern Nevada restitution center and the southern Nevada restitution center based upon documented shortages of money for the fiscal year 1984-1985.
κ1985 Statutes of Nevada, Page 1625 (CHAPTER 535, AB 241)κ
based upon documented shortages of money for the fiscal year 1984-1985.
Sec. 4. The appropriations made by this act are supplemental to those made by section 33 of chapter 453, Statutes of Nevada 1983, at page 1182.
Sec. 5. This act becomes effective upon passage and approval.
________
Senate Bill No. 397Committee on Commerce and Labor
CHAPTER 536
AN ACT relating to cosmetology; providing for the licensing of instructors and facilities for demonstrations; making various changes in the powers of the board; and providing other matters properly relating thereto.
[Approved June 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 644 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 to 12, inclusive, of this act.
Sec. 1.5. Cosmetologists apprentice means a person engaged in learning the occupation of a cosmetologist in a cosmetological establishment.
Sec. 2. Facility for demonstrations means any premises, building or part of a building where cosmetics are demonstrated by a demonstrator.
Sec. 3. The examinations for an aesthetician may include:
1. Practical demonstrations in facial massage, makeup or arching the eyebrow;
2. Written and oral tests on:
(a) Antisepsis, sterilization and sanitation;
(b) The use of mechanical apparatus and electricity in the care of skin; and
(c) The laws of Nevada and the regulations of the board relating to cosmetology; and
3. Such other demonstrations and tests as the board requires.
Sec. 4. The examination for a license as a manicurist may include:
1. Practical demonstrations in manicuring, pedicuring or the wrapping or extension of nails;
2. Written and oral tests on:
(a) Antisepsis, sterilization and sanitation;
(b) The use of mechanical apparatus and electricity in caring for the nails; and
(c) The laws of the Nevada and regulations of the board relating to cosmetology; and
3. Such other demonstrations and tests as the board requires.
κ1985 Statutes of Nevada, Page 1626 (CHAPTER 536, SB 397)κ
Sec. 5. The examination for a license as an electrologist may include:
1. Practical demonstrations in the permanent removal of hair;
2. Written and oral tests on:
(a) Antisepsis, sterilization and sanitation;
(b) The use of mechanical and electrical apparatus and electricity in the removal of hair; and
(c) The laws of Nevada and the regulations of the board relating to cosmetology; and
3. Such other demonstrations and tests as the board requires.
Sec. 6. 1. The board shall admit to examination for a license as an instructor in manicuring any person who has applied to the board in proper form, paid the fee and:
(a) Is at least 18 years of age;
(b) Is of good moral character;
(c) Has successfully completed the 12th grade in school or its equivalent;
(d) Has received a minimum of 350 hours of training as a teacher in a licensed school of cosmetology; and
(e) Has practiced as a full-time licensed manicurist for 1 year.
2. An instructor in manicuring shall complete at least 30 hours of advanced training in a course approved by the board during each 2-year period of his license.
Sec. 7. The board shall admit to examination for a license as an instructor in cosmetology any person who has made application to the board in proper form, paid the fee and meets the requirements of section 6 of Senate Bill No. 390 of this session.
Sec. 8. Cosmetology may be practiced in a cosmetological establishment by licensed cosmetologists who are:
1. Employees of the owner of the enterprise; or
2. Lessees of space from the owner of the enterprise.
Sec. 9. 1. The board must be notified of any change of ownership or location of a cosmetological establishment or facility for demonstrations within 3 days after the change. The establishment may not be operated after the change until a new license is issued. The owner of the establishment must apply to the board for the license and pay the fees.
2. After a license has been issued for the operation of a cosmetological establishment, any changes in the physical structure of the establishment must be approved by the board.
Sec. 10. 1. Each application to operate a facility for demonstrations must be upon forms prepared and furnished by the board and must contain proof of the qualifications of the applicant for the license. The application must be verified by the oath of the applicant.
2. The initial fee for a license and the biennial fee for renewal, as established by the board, must be not less than $40 nor more than $60.
3. The owner of a facility for demonstrations shall employ only licensed demonstrators.
κ1985 Statutes of Nevada, Page 1627 (CHAPTER 536, SB 397)κ
Sec. 11. It is unlawful for a demonstrator to:
1. Apply false eyelashes.
2. Perform a complete treatment of the skin.
3. Perform any other service provided by a cosmetologist.
Sec. 11.5. When any person has engaged in any act or practice which constitutes an offense under this chapter, the district court of any county, on application of the board, may issue an injunction or other appropriate order restraining the act or practice, without a showing of actual harm. A proceeding under this section is governed by Rule 65 of the Nevada Rules of Civil Procedure.
Sec. 12. It is unlawful for any animal to be on the premises of a licensed cosmetological establishment.
Sec. 13. NRS 644.020 is hereby amended to read as follows:
644.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 644.021 to 644.029, inclusive, and sections 1.5 and 2 of this act have the meanings ascribed to them in those sections.
Secs. 14-16. (Deleted by amendment.)
Sec. 17. NRS 644.025 is hereby amended to read as follows:
644.025 Demonstrator means a person who, on behalf of a manufacturer, wholesaler, retailer or distributor, demonstrates the use of any [machine or other article pertaining to cosmetology] cosmetic without charge to the persons to whom the demonstration is given. The term does not include a person who performs a demonstration for the benefit of [persons who hold certificates to practice cosmetology, whether issued pursuant to this chapter or the licensing provisions of any other state.] cosmetologists.
Sec. 18. NRS 644.026 is hereby amended to read as follows:
644.026 Electrologist means any person who engages in the occupation of permanently removing excess or unwanted hair from the body of any person only by the use of [electric devices approved by the board, including those operated by battery, electronic cells or electric current.] a needle.
Sec. 19. (Deleted by amendment.)
Sec. 20. (Deleted by amendment.)
Sec. 21. NRS 644.060 is hereby amended to read as follows:
644.060 [1.] The members of the board shall annually elect a president, a treasurer and a secretary from among their number. The members may assign the duties of the treasurer and the secretary to one person who shall be treasurer and secretary.
[2. The compensation of the secretary, in either event, must be fixed by the board, and paid out of the fees and receipts received by it, and no part of such compensation may be paid by the state.]
Sec. 22. NRS 644.090 is hereby amended to read as follows:
644.090 The board shall:
1. Hold examinations [as] to determine the qualifications of all applicants for [registration,] a license, except as otherwise provided in this chapter, whose applications have been submitted to it in proper form.
κ1985 Statutes of Nevada, Page 1628 (CHAPTER 536, SB 397)κ
this chapter, whose applications have been submitted to it in proper form.
2. Issue [certificates of registration and] licenses to such applicants as may be entitled thereto.
3. [Register] License facilities for demonstrations, cosmetological establishments and schools of cosmetology.
4. Report to the proper prosecuting officers all violations of this chapter coming within its knowledge.
5. Inspect facilities for demonstrations, schools of cosmetology and cosmetological establishments to ensure compliance with the statutory requirements and adopted regulations of the board. This authority extends to any member of the board or its authorized employees.
Sec. 23. NRS 644.110 is hereby amended to read as follows:
644.110 The board shall adopt reasonable regulations:
1. For carrying out the provisions of this chapter.
2. For conducting examinations of applicants for [registration.] licenses.
3. For governing the recognition of, and the credits to be given to, the study of cosmetology under a licensed manicurist, electrologist, aesthetician or cosmetologist or in a school of cosmetology licensed under the laws of another state or territory of the United States or the District of Columbia.
4. For governing the conduct of schools of cosmetology. The regulations must include but need not be limited to, provisions:
(a) Prohibiting schools from requiring that students purchase beauty supplies for use in the course of study;
(b) Prohibiting schools from deducting earned hours of school credit or any other compensation earned by a student as a punishment for misbehavior of the student;
(c) Providing for lunch and coffee recesses for students during school hours; and
(d) Allowing a member or an authorized employee of the board to review the records of a students training and attendance.
5. Governing the courses of study and practical training required of persons for treating the skin of the human body, except the scalp.
6. For governing the conduct of cosmetological establishments and facilities for demonstrations.
Sec. 24. NRS 644.120 is hereby amended to read as follows:
644.120 1. The board may adopt such regulations governing sanitary conditions as it deems necessary with particular reference to the precautions to be employed to prevent the creating or spreading of infections or contagious diseases in facilities for demonstrations, cosmetological establishments or schools of cosmetology, or in the practice of a cosmetologist.
2. No regulation governing sanitary conditions thus adopted has any effect until it has been approved by the state board of health.
3. A copy of all regulations governing sanitary conditions which are adopted must be furnished to each person to whom a [certificate of registration and] license is issued for the conduct of a facility for demonstrations, cosmetological establishment, school of cosmetology or practice of cosmetology.
κ1985 Statutes of Nevada, Page 1629 (CHAPTER 536, SB 397)κ
adopted must be furnished to each person to whom a [certificate of registration and] license is issued for the conduct of a facility for demonstrations, cosmetological establishment, school of cosmetology or practice of cosmetology.
Sec. 25. NRS 644.130 is hereby amended to read as follows:
644.130 The board shall keep a [registration] record containing the name, known [places] place of business [,] and the date and number of the [certificate of registration] license of every [registered] manicurist, electrologist, aesthetician and cosmetologist, together with the names and addresses of all facilities for demonstrations, cosmetological establishments and schools of cosmetology [registered] licensed pursuant to this chapter. The record must also contain the facts which the applicants [for registration] claimed in their applications to justify their [registration.] licensure.
Sec. 26. NRS 644.190 is hereby amended to read as follows:
644.190 1. It is unlawful for any person to conduct or operate a cosmetological establishment, school of cosmetology, facility for demonstrations or any other place of business in which any one or any combination of the occupations of cosmetology are taught or practiced until licensed under the provisions of this chapter.
2. It is unlawful for any person to engage in, or attempt to engage in, the practice of cosmetology or any branch thereof, whether for compensation or otherwise, unless he is licensed under the provisions of this chapter.
3. This chapter does not prohibit:
(a) Any [junior operator] cosmetologists apprentice from engaging in [any one or any combination of the occupations] the practice of cosmetology under the immediate supervision of a licensed cosmetologist.
(b) Any student in any school of cosmetology, legally established under the provisions of this chapter, from engaging, in the school and as a student, in work connected with any branch or any combination of branches of cosmetology in the school.
(c) An electrolgists apprentice from participating in a course of practical training and study.
Sec. 27. NRS 644.200 is hereby amended to read as follows:
644.200 The board shall admit to examination for a [certificate of registration as a registered hairdresser and cosmetician,] license as a cosmetologist, at any meeting of the board held to conduct examinations, any person who has made application to the board in proper form and paid the fee , [required by this chapter,] and who before or on the date of the examination:
1. Is not less than 18 years of age.
2. Is of good moral character . [and temperate habits.
3. Is a resident of Nevada.
4.] 3. Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to applicable state or federal requirements.
[5.] 4. Has had any one of the following:
κ1985 Statutes of Nevada, Page 1630 (CHAPTER 536, SB 397)κ
(a) Training of at least 1,800 hours, extending over a school term of 10 months, in a school of cosmetology approved by the board.
(b) Practice of the occupation of a [hairdresser and cosmetician] cosmetologist for a period of 4 years outside this state.
(c) Service for at least 3,600 hours in not less than 2 years as a [junior operator] cosmetologists apprentice in a licensed cosmetological establishment in which all of the occupations of a cosmetologist are practiced.
Sec. 28. NRS 644.203 is hereby amended to read as follows:
644.203 The board shall admit to examination for a [certificate of registration] license as an electrologist any person who has made application to the board in proper form and paid the fee , [required by this chapter,] and who before or on the date set for examination:
1. Is not less than 18 years of age.
2. Is of good moral character . [and temperate habits.]
3. [Is a resident of Nevada.
4.] Has successfully completed the 12th grade in school or its equivalent.
[5.] 4. Has or has completed any one of the following:
(a) A minimum training of 1,000 hours under the immediate supervision of an approved electrologist in an approved school in which the practice is taught.
(b) Study of the practice for at least 1,000 hours extending over a period of 5 consecutive months, under an electrologist licensed pursuant to this chapter, in an approved program for electrologists apprentices.
(c) A valid electrologists license issued by a state whose licensing requirements are equal to or greater than those of this state.
(d) Either training or practice, or a combination of training and practice, in electrolysis outside this state for a period specified by regulations of the board.
Sec. 29. NRS 644.205 is hereby amended to read as follows:
644.205 The board shall admit to examination for a [certificate of registration] license as a manicurist any person who has made application to the board in proper form , [and] paid the fee , [required by this chapter,] and who before or on the date of the examination:
1. Is not less than 18 years of age.
2. Is of good moral character . [and temperate habits.]
3. [Is a resident of Nevada.
4.] Has successfully completed the 10th grade in school or its equivalent.
[5.] 4. Has had any one of the following:
(a) Practical training of at least [350] 500 hours under the immediate supervision of a licensed instructor in a licensed school of cosmetology in which the practice is taught.
(b) Practice [in manicuring] as a full-time licensed manicurist for [a period of] 1 year outside the State of Nevada.
κ1985 Statutes of Nevada, Page 1631 (CHAPTER 536, SB 397)κ
Sec. 30. NRS 644.207 is hereby amended to read as follows:
644.207 The board shall admit to examination for a [certificate of registration as a cosmetician] license as an aesthetician any person who has made application to the board in proper form , [and] paid the fee [required by this chapter, and who:] and:
1. Is at least 18 years of age;
2. Is of good moral character ; [and temperate habits;]
3. [Is a resident of Nevada;
4.] Has successfully completed the 10th grade in school or its equivalent; and
[5.] 4. Has received a minimum of 600 hours of training, which [included] includes theory, modeling and practice, in a licensed school of cosmetology [or 1200 hours as a junior operator,] or who has practiced [the occupation of a cosmetician full time] as a full-time licensed aesthetician for at least 1 year . [or its equivalent before July 1, 1981.]
Sec. 31. NRS 644.210 is hereby amended to read as follows:
644.210 1. An application for admission to examination or for [registration] a license in any branch of cosmetology must be in writing on forms furnished by the board.
2. An application must be accompanied by [the required fee] a fee of $15 and contain proof of the qualifications of the applicant for examination [for registration.] or licensure. It must be verified by the oath of the applicant.
Sec. 32. NRS 644.220 is hereby amended to read as follows:
644.220 1. In addition to the fee for an application, the fees for examination are:
(a) For examination as a cosmetologist, not less than $40 and not more than $75.
(b) For examination as an electrologist, not less than $40 and not more than $75.
(c) For examination as a manicurist, not less than $40 and not more than $75.
(d) For examination as an aesthetician, not less than $40 and not more than $75.
(e) For examination as an instructor in cosmetology or manicuring, $40.
The fee for each reexamination is not less than $40 and not more than $75.
2. Each applicant referred to in subsection 1 shall, in addition to the fees specified therein, pay the reasonable value of all supplies necessary to be used in the examination.
Sec. 33. NRS 644.230 is hereby amended to read as follows:
644.230 All examinations of applicants [:
1. Shall include] must:
1. Include both practical demonstrations and written or oral tests, except where otherwise provided in this chapter.
2. [Shall not] Not be confined to any special system or method.
κ1985 Statutes of Nevada, Page 1632 (CHAPTER 536, SB 397)κ
3. [Shall be] Be consistent in both practical and technical requirements and of sufficient thoroughness to satisfy the board as to the applicants skill in, and knowledge of, the practice of the occupation [or occupations] for which a [certificate of registration] license is sought.
Sec. 34. NRS 644.240 is hereby amended to read as follows:
644.240 [1.] Examinations for [certificates of registration as hairdressers and cosmeticians must include:
(a)] licensure as a cosmetologist may include:
1. Practical demonstrations in shampooing the hair, hairdressing, [hair styling,] styling of hair, finger waving, [hair coloring,] coloring of hair, manicuring, makeup, thermal curling, marcelling, facial massage, [scalp] massage of the scalp with the hands, and cutting, trimming or shaping hair [.
(b)] ;
2. Written or oral tests [in antisepsis, sterilization, sanitation, and the] on:
(a) Antisepsis, sterilization and sanitation;
(b) The use of mechanical apparatus and electricity as applicable to the practice of [the occupations of a hairdresser and cosmetician.
2. The examinations may include such] a cosmetologist; and
(c) The laws of Nevada and the regulations of the board relating to the practice of cosmetology; and
3. Such other demonstrations and tests as the board may require.
Sec. 35. NRS 644.260 is hereby amended to read as follows:
644.260 [1.] The board shall issue a [certificate of registration as a cosmetician, electrologist or manicurist] license as a cosmetologist, aesthetician, electrologist, manicurist or instructor to each applicant who passes a satisfactory examination, conducted by the board to determine his fitness to practice that occupation of cosmetology.
[2. The certificate of registration entitles the holder, without additional cost, to a license to engage in practice as a cosmetician, electrologist or manicurist up to and including June 30 following the date of issue.]
Sec. 36. NRS 644.270 is hereby amended to read as follows:
644.270 Every [certificate of registration and every] license issued by the board [shall] must specify the occupation [or occupations which the certificate and license entitle] which the license entitles the holder thereof to practice. No person [shall be permitted to] may practice any other occupation designated in this chapter than that for which [such license shall express.] the license is issued.
Sec. 37. NRS 644.280 is hereby amended to read as follows:
644.280 1. Every [certificate of registration and every] license issued by the board must be signed by the president and attested by the secretary and must bear [the impress of] the boards seal.
2. Every [certificate] license is prima facie evidence of the right of the holder thereof to [a license as a registered hairdresser and cosmetician, a cosmetician, an electrologist or a manicurist, as the case may be.]
κ1985 Statutes of Nevada, Page 1633 (CHAPTER 536, SB 397)κ
be.] practice that occupation of cosmetology for which the license is issued.
Sec. 38. NRS 644.290 is hereby amended to read as follows:
644.290 1. The holder of a license issued by the board to practice any branch of cosmetology must display the license [in a conspicuous place in his principal office,] :
(a) In plain view of the public in his place of business or place of employment [.] ; or
(b) At the position where he performs his work, if he leases space from the owner of a cosmetological establishment.
2. If a person practices cosmetology in more than one place, he must carry his license with him and display it wherever he is actually working.
Sec. 39. NRS 644.295 is hereby amended to read as follows:
644.295 1. A person licensed pursuant to this chapter may receive a duplicate of that license if the : [original]
(a) Original was destroyed, misplaced or mutilated [.] ; or
(b) Name or address of the licensee has changed.
2. To receive a duplicate license a person must:
(a) File an affidavit with the board, on the form prescribed by the board, which states that the original license was destroyed, misplaced or mutilated [; and] or that his name or address has changed; and
(b) Pay a fee of [$5.] $15.
Sec. 40. NRS 644.300 is hereby amended to read as follows:
644.300 Every [registered hairdresser and cosmetician, cosmetician, electrologist or manicurist] licensed manicurist, electrologist, aesthetician or cosmetologist shall, within 30 days after changing his place of business, as designated [on the books] in the records of the board, notify the secretary of the board of his new place of business. Upon receipt of the notification, the secretary shall make the necessary change in the [register.] records.
Sec. 41. NRS 644.310 is hereby amended to read as follows:
644.310 Upon application to the board, accompanied by a fee of [$50,] $100, a person [registered] currently licensed in any branch of cosmetology under the laws of another state or territory of the United States or the District of Columbia may, without examination , [(] unless the board [, in its discretion,] sees fit to require [examination),] an examination, be granted a [certificate of registration and] license to practice the occupation [or occupations] in which the applicant was previously [registered,] licensed upon the following conditions:
1. That he is not less than 18 years of age.
2. [That he is a resident of the state.
3.] That he is of good moral character . [and temperate habits.
4. That the requirements for registration or licensing of the branch of cosmetology for which he seeks admission in the particular state, territory or in the District of Columbia were, at the date of the previous registration or licensing, similar to the requirements therefor then in force in this state.]
κ1985 Statutes of Nevada, Page 1634 (CHAPTER 536, SB 397)κ
3. That he successfully completed a nationally recognized written examination in the state, or territory or the District of Columbia in which he is licensed.
4. That he can verify that he is currently licensed in another state or territory or the District of Columbia.
Sec. 42. (Deleted by amendment.)
Sec. 43. NRS 644.330 is hereby amended to read as follows:
644.330 1. A [registered hairdresser and cosmetician, cosmetician, electrologist or] manicurist , electrologist, aesthetician, cosmetologist or instructor whose license has expired may have his license renewed only upon payment of the [renewal fee provided for in NRS 644.320.] fee for renewal.
2. Any [registered hairdresser and cosmetician, cosmetician, electrologist or] manicurist , electrologist, aesthetician, cosmetologist or instructor who retires from practice for more than 1 year may have his license restored only upon payment of all lapsed [renewal fees.] fees for renewal.
3. No [hairdresser and cosmetician, cosmetician, electrologist or] manicurist , electrologist, aesthetician, cosmetologist or instructor who has retired from practice for more than 3 years may have his license restored without examination, unless the board [sees fit] decides to dispense with the examination.
Sec. 43.5. NRS 644.340 is hereby amended to read as follows:
644.340 1. Any person desiring to operate a facility for demonstration or a cosmetological establishment in which any one or a combination of the occupations of cosmetology are practiced must apply to the board for a [certificate of registration and] license, through the owner, manager or person in charge, upon forms prepared and furnished by the board. Each application must contain proof of the particular requisites for [registration] a license provided for in this chapter, and must be verified by the oath of the maker.
2. Upon receipt by the board of the application accompanied by the required fees for inspection and [registration,] licensing, the board shall inspect the establishment to ensure that it complies with the requirements of this chapter and the regulations adopted by the board. If the establishment meets those requirements, the board shall issue to the applicant the required [certificate of registration and] license.
3. The fee for [registration of] a license for a facility for demonstrations or a cosmetological establishment is $60. The fee for the initial inspection is $15. If an additional inspection is necessary, the fee is $25.
Sec. 44. NRS 644.350 is hereby amended to read as follows:
644.350 1. The [certificate of registration and] license of every cosmetological establishment expires on July 1 after its issuance or renewal.
2. If a cosmetological establishment fails to pay the required fee by October 1 of the year in which renewal of the license is required, the establishment must be immediately closed.
κ1985 Statutes of Nevada, Page 1635 (CHAPTER 536, SB 397)κ
Secs. 45 and 45.5. (Deleted by amendment.)
Sec. 46. NRS 644.380 is hereby amended to read as follows:
644.380 1. Any person desiring to conduct a school of cosmetology in which any one or any combination of the occupations of cosmetology are taught must apply to the board for a [certificate of registration and] license, through the owner, manager or person in charge, upon forms prepared and furnished by the board. Each application must contain proof of the particular requisites for [registration] a license provided for in this chapter, and must be verified by the oath of the maker. The forms must be accompanied by:
(a) A detailed floor plan of the proposed school;
(b) The name, address and number of the license of the manager or person in charge and of each instructor;
(c) Evidence of financial ability to provide the facilities and equipment required by regulations of the board and to maintain the operation of the proposed school for 1 year;
(d) Proof that the proposed school will commence operation with an enrollment of not less than 25 bona fide students;
(e) The annual fee for [registration;] a license; and
(f) The name and address of the person designated to accept service of process.
2. Upon receipt by the board of the application, the board shall, before issuing a [certificate of registration and] license, determine whether the proposed school:
(a) Is suitably located.
(b) Contains adequate floor space and equipment.
(c) Meets all requirements established by regulations of the board.
3. The annual fee for [registration of] a license for a school of cosmetology is not less than $450 and not more than $500.
4. If the ownership of the school changes or the school moves to a new location, a new license must be obtained.
Sec. 47. NRS 644.383 is hereby amended to read as follows:
644.383 1. The owner of each school of cosmetology shall post with the board a surety bond executed by the applicant as principal and by a surety company as surety in the amount of [$5,000.] $50,000.
2. The bond must be in the form approved by the board and must be conditioned upon compliance with the provisions of this chapter and upon faithful compliance with the terms and conditions of any [and all] contracts, verbal or written made by the school to furnish instruction to any person. The bond must be to the State of Nevada in favor of every person who pays or deposits money with the school as payment for instruction. A bond continues in effect until notice of termination is given by registered or certified mail to the board and every bond must set forth this fact.
3. A person claiming to be injured or damaged by an act of the school may maintain an action in any court of competent jurisdiction on the bond against the school and the surety named therein, or either of them, for refund of tuition paid and any judgment against the principal or surety in any such action must include the costs thereof and those incident to the bringing of the action, including a reasonable attorneys fee.
κ1985 Statutes of Nevada, Page 1636 (CHAPTER 536, SB 397)κ
them, for refund of tuition paid and any judgment against the principal or surety in any such action must include the costs thereof and those incident to the bringing of the action, including a reasonable attorneys fee. The aggregate liability of the surety to all such persons may not, however, exceed the sum of the bond.
Sec. 48. (Deleted by amendment.)
Sec. 49. NRS 644.400 is hereby amended to read as follows:
644.400 1. A school of cosmetology must at all times be under the immediate supervision of a licensed instructor who has had practical experience of at least 1 year in the practice of a majority of the branches of cosmetology in an established place of business.
2. A school of cosmetology shall:
(a) Maintain a school term of not less than 1,800 hours extending over a period of not less than 10 months nor more than 24 months, and maintain a course of practical training and technical instruction equal to the requirements for examination for a [certificate of registration as a hairdresser and cosmetician.] license as a cosmetologist.
(b) Maintain apparatus and equipment sufficient to teach all the subjects of its curriculum.
(c) Keep a daily record of the attendance of each student, a record devoted to the different practices, establish grades and hold examinations before issuing diplomas. These records must be submitted to the board pursuant to its regulations.
(d) Include in its curriculum a course of deportment consisting of instruction in courtesy, neatness and professional attitude in meeting the public.
(e) Arrange the courses devoted to each branch or practice of cosmetology as the board may from time to time adopt as the course to be followed by the schools.
(f) Not allow any student to perform services on the public for more than 7 hours in any day nor for more than 5 days out of every 7.
(g) Conduct at least 5 hours of instruction in theory in each 40-hour week, which must be attended by all registered students.
(h) Require that all work by students be done on the basis of rotation.
Sec. 50. NRS 644.408 is hereby amended to read as follows:
644.408 A student must receive the following amount of instruction in the classroom before commencing work on the public:
1. A student enrolled as a [hairdresser and cosmetician] cosmetologist must receive 250 hours or the equivalent of 32 days.
2. A student enrolled as a manicurist must receive [40] 50 hours or the equivalent of [5] 7 days.
3. A student enrolled as an electrologists apprentice must receive 150 hours or the equivalent of 20 days.
4. A student enrolled as an aesthetician must receive 100 hours or the equivalent of 14 days.
Secs. 51 and 52. (Deleted by amendment.)
κ1985 Statutes of Nevada, Page 1637 (CHAPTER 536, SB 397)κ
Sec. 53. NRS 644.430 is hereby amended to read as follows:
644.430 1. The following are grounds for disciplinary action by the board:
(a) Failure of a person [, firm or corporation] operating a cosmetological establishment or facility for demonstrations to comply with the requirements of this chapter.
(b) Failure to comply with the regulations adopted by the board for cosmetological establishments, facilities for demonstrations, schools of cosmetology or the practice of the occupations of a cosmetologist.
(c) Obtaining practice in cosmetology or any branch thereof, or money or any thing of value, by fraudulent misrepresentation.
(d) Gross malpractice.
(e) Continued practice by a person knowingly having an infectious or contagious disease.
(f) Drunkenness or addiction to the use of a controlled substance as defined by chapter 453 of NRS.
(g) Advertisement by means of knowingly false or deceptive statements.
(h) Permitting a [certificate of registration or] license to be used where the holder thereof is not personally, actively and continuously engaged in business.
(i) Failure to display the license as provided in NRS 644.290, 644.360 and 644.410.
(j) Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.
(k) Any other unfair or unjust practice, method or dealing which, in the judgment of the board, may justify such action.
2. If the board determines that a violation of this section has occurred, it may:
(a) Refuse to issue or renew a license;
(b) Revoke or suspend a license; [or]
(c) Place the licensee on probation for a specified period; or
(d) Impose a fine not to exceed $1,000.
Sec. 54. NRS 644.440 is hereby amended to read as follows:
644.440 1. [The board shall not] Except as otherwise provided in subsection 3, the board may refuse to issue or renew any license [as required by the provisions of NRS 644.190,] or revoke or suspend any [such] license already issued, [except] only upon 20 days notice in writing to the interested parties. The notice [shall] must contain a brief statement of the reasons for the contemplated action of the board and [shall] designate a proper time and place for the hearing of all interested parties before any final action is taken.
2. [Due notice,] Notice, within the provisions of subsection 1, shall be deemed to have been given when the board [shall have placed] places in a United States post office a copy of the notice, addressed to the designated or last known residence of the [person applying for such license or to whom such license has already been issued.
κ1985 Statutes of Nevada, Page 1638 (CHAPTER 536, SB 397)κ
3. Notwithstanding the provisions of subsection 1, violations] applicant or licensee.
3. Violations of any [sanitary rule] regulation of the board for sanitation or of any statute or [rule] regulation of the state board of health or any county [health regulation] regulation concerning health may be corrected by any inspector of the board by giving notice in the form of a citation. Any licensee receiving a citation shall immediately correct the violation or shall show that corrections have commenced. Failure to correct or to commence corrections within 72 hours [from the time of citation shall subject] after receipt of the citation subjects the license to immediate suspension. The board may then give 20 days notice for hearing to show cause why the license should not be permanently revoked.
4. The closure of any establishment , facility or school by the state board of health [shall act] acts as an automatic revocation of the license.
Sec. 55. NRS 644.445 is hereby amended to read as follows:
644.445 1. Any disciplinary action taken by a hearing officer or panel pursuant to NRS 644.170 is subject to the same procedural requirements [which] as apply to disciplinary actions taken by the board, and the officer or panel has those same powers and duties as given to the board in relation thereto.
2. A decision of the hearing officer or panel [relating to the imposition of] to impose a fine is a final decision in a contested case. Any party aggrieved by a decision of the officer or panel to revoke, suspend or refuse to renew a license [or certificate of registration] may appeal that decision to the board.
Sec. 56. 1. NRS 644.028, 644.250, 644.265 and 644.335 are hereby repealed.
2. Sections 16, 18, 19, 20, 22, 24, 26, 27, 28, 29, 31 and 38 of Senate Bill No. 390 of this session are hereby repealed.
Sec. 57. Any person holding a license as a cosmetician or a hairdresser and cosmetician on July 1, 1985, may continue to practice that branch of cosmetology until the expiration of the license and, upon renewal, must be issued a license as an aesthetician or cosmetologist.
Sec. 58. 1. Sections 14, 22, 24, 26, 32, 43.5, 44, 46 and 49 and subsection 1 of section 56 of this act become effective at 12:01 a.m. on July 1, 1985.
2. Section 23 of this act becomes effective at 12:02 a.m. on July 1, 1985.
3. This section and subsection 2 of section 56 of this act become effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 1639κ
Assembly Bill No. 728Committee on Ways and Means
CHAPTER 537
AN ACT making an appropriation to the legislative fund; and providing other matters properly relating thereto.
[Approved June 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the state general fund to the legislative fund created pursuant to NRS 218.085 the sum of $100,000.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 554Committee on Taxation
CHAPTER 538
AN ACT relating to taxation; temporarily extending the increased rate of the tax on insurance premiums; delaying certain changes in the distribution of certain taxes from projects for the generation and transmission of electricity; and providing other matters properly relating thereto.
[Approved June 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 680B.027 is hereby amended to read as follows:
680B.027 1. Except as provided in NRS 680B.033, for the privilege of transacting business in this state, each insurer shall pay to the commissioner a tax upon his net premiums and net considerations at the rate of:
(a) Three percent on amounts received during the fiscal years beginning on July 1, [1983,] 1985, and July 1, [1984,] 1986, respectively.
(b) Two and one-half percent on amounts received on or after July 1, [1985.] 1987.
2. The tax must be paid at the same time the report required by NRS 680B.030 is filed.
3. The commissioner may require at any time verified supplemental statements with reference to any matter pertinent to the proper assessment of the tax.
Sec. 2. Section 17 of chapter 245, Statutes of Nevada 1983, at page 561, is hereby amended to read as follows:
Sec. 17. 1. This section, and sections 1 to 3, inclusive, and 5 to 16, inclusive, of this act shall become effective upon passage and approval.
2. Section 4 of this act [shall become] becomes effective on July 1, [1985.] 1987.
κ1985 Statutes of Nevada, Page 1640 (CHAPTER 538, AB 554)κ
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 164Committee on Taxation
CHAPTER 539
AN ACT relating to gaming; repealing prospective changes to various fees for licensees; continuing existing practices for the collection of fees for licenses; and providing other matters properly relating thereto.
[Approved June 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 8 of chapter 310, Statutes of Nevada 1981, as last amended by chapter 492, Statutes of Nevada 1983, at page 1338, is hereby amended to read as follows:
Sec. 8. [1.] Section 1 of this act shall become effective upon passage and approval.
[2. Sections 3 and 7 of this act shall become effective on July 1, 1985.]
Sec. 2. Section 6 of chapter 60, Statutes of Nevada 1983, at page 220, is hereby amended to read as follows:
Sec. 6. 1. The license fee for the months of January, February and March of 1983 is due on January 30, 1983, and must be based on gross revenue from October through December of 1982.
2. The license fee for the months of April, May and June of 1983 is due on April 30, 1983, and must be based on gross revenue from January through March of 1983.
3. License fees for each month after June of 1983 [until April 25, 1986,] must be prepaid in the manner provided in NRS 463.370.
[4. The licensee fee for the months of July, August and September of 1986 is due on July 31, 1986, and must be based on the gross revenue from April through June of 1986.]
Sec. 3. Section 7 of chapter 60, Statutes of Nevada 1983, as amended by chapter 122, Statutes of Nevada 1983, at page 308, is hereby amended to read as follows:
Sec. 7. [1. This section and section 1, 3 and 6 of this] This act shall become effective upon passage and approval.
[2. Section 4 of this act shall become effective at 12:01 a.m. on July 1, 1985.
3. Sections 2 and 5 of this act shall become effective on July 1, 1986.]
Sec. 4. Section 17 of chapter 492, Statutes of Nevada 1983, at page 1338, is hereby amended to read as follows:
κ1985 Statutes of Nevada, Page 1641 (CHAPTER 539, AB 164)κ
Sec. 17. 1. This section and sections 5.5, 10, 15 and 16 of this act shall become effective on July 1, 1983.
2. Sections 1 to 5, inclusive, and 6 to 9, inclusive, 12, 13 and 14 of this act shall become effective on January 1, 1984.
[3. Section 11 of this act shall become effective on July 1, 1985.]
Sec. 5. 1. Sections 3 and 7 of chapter 310, Statutes of Nevada 1981, as amended by chapter 528, Statutes of Nevada 1981, at pages 1090 and 1092, respectively, are hereby repealed.
2. Section 2 of chapter 60, Statutes of Nevada 1983, as amended by chapter 492, Statutes of Nevada 1983, at page 1334, and sections 4 and 5 of chapter 60, Statutes of Nevada 1983, at pages 217 and 219, respectively, are hereby repealed.
3. Section 11 of chapter 492, Statutes of Nevada 1983, at page 1336, is hereby repealed.
________
Assembly Bill No. 556Committee on Taxation
CHAPTER 540
AN ACT relating to taxation; retaining the increased rates of the tax on alcoholic beverages; and providing other matters properly relating thereto.
[Approved June 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 220, Statutes of Nevada 1983, at page 514, is hereby repealed.
Sec. 2. Section 3 of chapter 220, Statutes of Nevada 1983, at page 514, is hereby amended to read as follows:
Sec. 3. [1.] This section and section 1 of this act shall become effective June 1, 1983.
[2. Section 2 of this act shall become effective on July 1, 1985.]
Sec. 3. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 1642κ
Senate Bill No. 523Committee on Government Affairs
CHAPTER 541
AN ACT relating to public administrators; increasing their salaries in certain counties; and providing other matters properly relating thereto.
[Approved June 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 253.043 is hereby amended to read as follows:
253.043 The public administrator is entitled to receive an annual salary in the amount of [$37,000] $44,000 in full payment for all services required by law to be performed by him. All fees or compensation collected pursuant to NRS 253.050 and 253.230 must be deposited, without deduction, with the county treasurer for credit to the general fund of the county.
Sec. 2. This act becomes effective on January 5, 1987.
________
Assembly Bill No. 715Committee on Ways and Means
CHAPTER 542
AN ACT making an appropriation from the state highway fund to the legislative fund for an operational audit of the department of transportation; and providing other matters properly relating thereto.
[Approved June 7, 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 highway fund to the legislative fund the sum of $100,000 to be used by the audit division of the legislative counsel bureau for an operational audit of the department of transportation.
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 highway fund as soon as all payments of money committed have been made.
________
κ1985 Statutes of Nevada, Page 1643κ
Senate Bill No. 39Senator Robinson (by request)
CHAPTER 543
AN ACT relating to prisoners; providing an alternative method for their execution of certain instruments; and providing other matters properly relating thereto.
[Approved June 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 52 of NRS is hereby amended by adding thereto a new section to read as follows:
A prisoner may execute any instrument by signing his name immediately following a declaration under penalty of perjury with the same legal effect as if he had acknowledged it or sworn to its truth before a person authorized to administer oaths. As used in this section, - prisoner means a person confined in any jail or prison, or any facility for the detention of juvenile offenders, in this state.
________
Assembly Bill No. 729Assemblyman Stone
CHAPTER 544
AN ACT relating to criminal procedure; restoring the trial judges discretionary authority to dismiss a count of habitual criminality; and providing other matters properly relating thereto.
[Approved June 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of Senate Bill No. 113 of this session is hereby amended to read as follows:
Sec. 2. NRS 207.010 is hereby amended to read as follows:
207.010 1. Every person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who has previously been twice convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who has previously been three times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, [shall be adjudged to be] is an habitual criminal and shall be punished by imprisonment in the state prison for not less than 10 years nor more than 20 years.
2. Every person convicted in this state of any crime of which fraud or intent to defraud is an element, or of petit larceny, or of any felony, who has previously been three times convicted, whether in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who has previously been five times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, shall be punished by imprisonment in the state prison for life with or without possibility of parole.
κ1985 Statutes of Nevada, Page 1644 (CHAPTER 544, AB 729)κ
in this state or elsewhere, of any crime which under the laws of the situs of the crime or of this state would amount to a felony, or who has previously been five times convicted, whether in this state or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element, shall be punished by imprisonment in the state prison for life with or without possibility of parole. If the penalty fixed by the court is life imprisonment with the possibility of parole, eligibility for parole begins when a minimum of 10 years has been served.
3. Conviction under this section operates only to increase, not to reduce, the sentence otherwise provided by law for the principal crime.
4. It is within the discretion of the district attorney whether or not to include a count under this section in any information [, and the] or file a notice of habitual criminality if an indictment is found. The trial judge may, at his discretion, dismiss a count under this section which is included in any indictment or information.
5. [In proceedings under this section,] If a count under this section is included in an information charging the primary offense, each previous conviction must be alleged in the accusatory pleading , [charging the primary offense,] but no such conviction may be alluded to on trial of the primary offense, nor may any allegation of the conviction be read in the presence of a jury trying the offense or a grand jury considering an indictment for the offense. A count under this section may be separately filed after conviction of the primary offense, but if it is so filed, sentence must not be imposed, or the hearing required by subsection 6 held, until 15 days after the separate filing.
6. If a defendant charged under this section is found guilty of, or pleads guilty to, the primary offense, but denies any previous conviction charged, the court shall determine the issue of the previous conviction after hearing all relevant evidence presented on the issue by the prosecution and the defendant. The court shall impose sentence pursuant to subsections 1 and 2 of this section upon finding that the defendant has suffered previous convictions sufficient to support an adjudication of habitual criminality.
7. Nothing in this section limits the prosecution in introducing evidence of prior convictions for purposes of impeachment.
8. A certified copy of a felony conviction is prima facie evidence of conviction of a prior felony.
Sec. 2. This act becomes effective upon passage and approval.
________
κ1985 Statutes of Nevada, Page 1645κ
Senate Bill No. 217Committee on Human Resources and Facilities
CHAPTER 545
AN ACT relating to public hospitals; creating a lien on the real property of certain persons who owe a hospital for care; and providing other matters properly relating thereto.
[Approved June 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 108 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. Except as otherwise provided in subsection 4, a county or district hospital has a lien upon the real property of a person for charges incurred and unpaid for the care of the owner of the property or a person for whose support the owner is legally responsible.
2. The notice of the lien must be served upon the owner by certified or registered mail and filed in the office of the county recorder of the county where the real property is located not sooner than 90 days nor later than:
(a) Three years after the patients discharge; or
(b) One year after the patient defaults on payments made pursuant to a written contract,
whichever is later, except that the notice may be served and filed within 6 months after any default pursuant to a written contract.
3. The notice of the lien must contain:
(a) The amount due;
(b) The name of the owner of record of the property; and
(c) A description of the property sufficient for identification.
4. If the amount due as stated in the notice of lien is reduced by payments and any person listed in subsection 2 of section 3 gives written notice of that reduction to the county or district hospital which recorded the lien, the county or district hospital shall amend the notice of lien stating the amount then due, within 10 days after it receives the written notice.
Sec. 3. 1. A lien for charges owed to a hospital may be foreclosed by a suit in the district court in the same manner as an action for foreclosure of any other lien.
2. The lien may not be foreclosed during the:
(a) Lifetime of the owner of the property, his spouse, his dependent adult child if that child is mentally or physically disabled or a joint tenant if he was a joint tenant at the time of the patients discharge; or
(b) Minority of any child of the owner,
if the owner or joint tenant resides on the property, or his spouse, dependent or minor child resides on the property and has acquired title thereto.
κ1985 Statutes of Nevada, Page 1646 (CHAPTER 545, SB 217)κ
Sec. 4. 1. A county or district hospital shall release its lien upon payment of the charges.
2. If the amount or the validity of the charges owed or the validity of the lien is disputed by the owner of the property, the owner may give the county or district hospital written notice of the dispute and demand that the hospital file a suit to foreclose the lien within 90 days. If the county or district hospital does not file suit within the 90-day period, the lien is extinguished. The county or district hospital shall release its lien upon the expiration of the 90-day period.
3. Any county or district hospital that fails to release a lien pursuant to subsection 1 or 2 when required is liable in a civil action for treble damages, if the plaintiff in the action gives the county or district hospital at least 15 days written notice of its failure to release the lien and the release has not been recorded.
Sec. 5. NRS 108.590 is hereby amended to read as follows:
108.590 1. [Except as otherwise provided by law, whenever] Whenever any person receives hospitalization on account of any injury, and he, or his personal representative after his death, claims damages from the person [, firm or corporation] responsible for causing the injury, the hospital [shall have] has a lien upon any sum awarded the injured person or his personal representative by judgment or obtained by a settlement or compromise to the extent of the amount due the hospital for the reasonable value of [such] the hospitalization rendered [prior to] before the date of judgment, settlement or compromise.
2. [No such lien shall be] The lien provided by this section is:
(a) Not valid against anyone coming under the [Nevada Industrial Insurance Act.] provisions of chapter 616 of NRS.
(b) In addition to the lien provided by section 2 of this act.
Sec. 6. NRS 108.620 is hereby amended to read as follows:
108.620 The form of the notice required by NRS 108.610 [shall] must be substantially as follows:
Notice is hereby given that .............................. has rendered services in hospitalization for .............................., a person who was injured on the .......... day of ...................., 19.........., in the city of .............................., county of .............................., on or about the .......... day of ...................., 19..........; and that .............................. (name of claimant hereby claims a lien upon any money due or owing or any claim for compensation, damages, contribution, settlement or judgment from .............................. .............................., alleged to have caused the injuries, or any other person, corporation or association liable for the injury. The hospitalization was rendered to the injured person between the .......... day of ...................., 19.........., and the .......... day of ...................., 19.......... .
Itemized Statement
....................................................................................... ................... .......................
....................................................................................... ................... .......................
....................................................................................... ................... ....................... That [15] 90 days have not elapsed since the termination of hospitalization; that the claimants demands for such care or service is in the sum of $....................
κ1985 Statutes of Nevada, Page 1647 (CHAPTER 545, SB 217)κ
That [15] 90 days have not elapsed since the termination of hospitalization; that the claimants demands for such care or service is in the sum of $.................... and that no part thereof has been paid except $....................; and that there is now due and owing and remaining unpaid of such sum, after deducting all credits and offsets, the sum of $...................., in which amount lien is hereby claimed.
......................................................... , Claimant.
State of Nevada
County of.............................................
}ss.
I, .............................., being first duly sworn, on oath say:
That I am ...................., named in the foregoing claim of lien; that I have read the same and know the contents thereof and believe the same to be true.
...............................................................
Subscribed and sworn to before me
this ..........day of ...................., 19..........
......................................................................
Notary Public in and for the above-named
county and state.
Sec. 7. This act becomes effective upon passage and approval.
________
Senate Bill No. 470Committee on Finance
CHAPTER 546
AN ACT making an appropriation for special commemorative gifts for the commissioning of the U.S.S. Nevada; and providing other matters properly relating thereto.
[Approved June 7, 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 interim finance committee the sum of $100,000 to disburse to the U.S.S. Nevada Commissioning Committee for the purchase and presentation of special commemorative gifts for the trident submarine and its crew.
Sec. 2. The interim finance committee may only disburse from the money appropriated pursuant to section 1 of this act an amount which is equal to one-half of the money collected by the commissioning committee for the same purpose from other sources.
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.
κ1985 Statutes of Nevada, Page 1648 (CHAPTER 546, SB 470)κ
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 124Senators Ryan, Raggio and Rawson
CHAPTER 547
AN ACT relating to education; requiring the suspension or expulsion of a pupil who commits a battery on an employee of a school or who possesses a dangerous weapon or distributes any controlled substance on school premises; requiring the adoption of disciplinary measures for a pupil who possesses a controlled substance or intoxicating liquor; and providing other matters properly relating thereto.
[Approved June 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as otherwise provided in this subsection, any pupil who commits a battery which results in the bodily injury of an employee of the school or who is found in the possession of a dangerous weapon, except as provided in subsection 2, or sells or distributes any controlled substance, while on the premises of any public school must, for the first occurrence, be suspended from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, he must be permanently expelled from that school, but he may be required to attend another kind of school. Any pupil in grades one to six, inclusive, or any pupil who is participating in a program of special education for children who are impaired either emotionally or mentally in growth and development may be suspended from school or permanently expelled from school pursuant to this subsection only after the board of trustees of the school district has reviewed the circumstances and approved this action.
2. Subsection 1 does not prohibit a pupil from having in his possession a knife or firearm with the approval of a teacher or administrator of the school.
3. As used in this section:
(a) Battery has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.
(b) Controlled substance has the meaning ascribed to it in NRS 453.041.
(c) Dangerous weapon includes a knife, blackjack, slung shot, billy, sand-club, sandbag, metal knuckles, explosive substance, dirk, dagger, pistol, revolver or other firearm.
κ1985 Statutes of Nevada, Page 1649 (CHAPTER 547, SB 124)κ
Sec. 3. 1. The board of trustees of each school district shall adopt and enforce measures for disciplining any pupil who is found in the possession of an intoxicating liquor or a controlled substance, while on the premises of any public school in its district.
2. As used in this section:
(a) Controlled substance has the meaning ascribed to it in NRS 453.041.
(b) Intoxicating liquor has the meaning ascribed to it in NRS 202.055.
Sec. 4. NRS 392.467 is hereby amended to read as follows:
392.467 1. The board of trustees of a school district may authorize the suspension or expulsion of any pupil from any public school within the school district . [in accordance with rules and hearing procedures complying with requirements of due process of law.]
2. No pupil may be suspended or expelled until he has been given notice of the charges against him, an explanation of the evidence and an opportunity for a hearing, except that a pupil who poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process or who is selling or distributing any controlled substance or is found to be in the possession of a dangerous weapon as provided in section 2 of this act may be removed from the school immediately upon being given an explanation of the reasons for his removal, and pending proceedings, to be conducted as soon as practicable after removal, for his suspension or expulsion . [pursuant to this section.]
3. The provisions of chapter 241 of NRS do not apply to any hearing conducted under this section. Such hearings [shall] must be closed to the public.
________
Senate Bill No. 65Committee on Government Affairs
CHAPTER 548
AN ACT relating to the advisory council on children and youth; abolishing the board for youth services; reorganizing the council; and providing other matters properly relating thereto.
[Approved June 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 232.290 is hereby amended to read as follows:
232.290 As used in NRS 232.290 to [232.500,] 232.460, inclusive, unless the context requires otherwise:
1. Department means the department of human resources.
2. Director means the director of the department . [of human resources.]
κ1985 Statutes of Nevada, Page 1650 (CHAPTER 548, SB 65)κ
Sec. 2. NRS 232.410 is hereby amended to read as follows:
232.410 As used in NRS 232.400 to [232.500,] 232.460, inclusive, unless the context requires otherwise:
1. Administrator means the administrator of the division.
2. [Board means the board for youth services.
3.] Division means the youth services division of the department.
Sec. 3. NRS 232.440 is hereby amended to read as follows:
232.440 1. The administrator shall appoint, with the approval of the director, a chief of each of the bureaus in the division. The chiefs are designated respectively as:
(a) The superintendent of the Nevada youth training center;
(b) The superintendent of the Nevada girls training center;
(c) The superintendent of the northern Nevada childrens home;
(d) The superintendent of the southern Nevada childrens home;
(e) The chief of the bureau of services for child care; and
(f) The chief of the youth parole bureau.
2. The administrator is responsible for the administration, through [the bureaus of] the division, of the provisions of chapters 210 and 423 of NRS and NRS 232.400 to [232.500,] 232.460, inclusive, and all other provisions of law relating to the functions of the [bureaus of the] division but is not responsible for the professional [line] activities of the [bureaus] components of the division except as specifically provided by law.
Sec. 4. NRS 233D.020 is hereby amended to read as follows:
233D.020 As used in this chapter:
1. Children means persons who are less than [21] 18 years of age.
2. Council means the governors advisory council on [children and] youth.
Sec. 5. NRS 233D.030 is hereby amended to read as follows:
233D.030 1. The governors advisory council on [children and] youth, consisting of [nine] five members appointed by the governor, is hereby created within the department of human resources.
2. At least [three] one of the members [shall] must be between the ages of 15 and 21 years.
3. No more than [three] two members of the [board] council may be residents of the same county.
4. The governor shall designate a chairman from among the members.
5. The administrator of the youth services division of the department of human resources shall serve ex officio as a member of the council and as the councils executive secretary.
Sec. 6. NRS 233D.050 is hereby amended to read as follows:
233D.050 1. The council may meet [regularly at least three times each year.] at such times and places as it considers necessary to carry out the purposes of this chapter.
κ1985 Statutes of Nevada, Page 1651 (CHAPTER 548, SB 65)κ
2. Each member of the council is entitled to receive a salary of $60 for each days attendance at a meeting of the council.
Sec. 7. NRS 233D.060 is hereby amended to read as follows:
233D.060 The council [shall:] may:
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 [.] which are voluntary or supported by money received from taxes.
2. Study programs for children in [Nevada] this state 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.] Advise and make recommendations to the governor for legislation concerning the states policies for 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 occupational guidance, training and placement for all children who require them, including exceptional children and those [youth] children who leave school without being graduated from high school, and promote adequate special facilities for children maladjusted to their surroundings at home . [surroundings.]
7. Promote adequate provisions throughout the state for the 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] charge an appropriate [charge] fee therefor.
Sec. 8. NRS 232.480 to 232.500, inclusive, are hereby repealed.
Sec. 9. Sections 3 and 7 of this act become effective at 12:01 a.m. on July 1, 1985.
________
κ1985 Statutes of Nevada, Page 1652κ
Assembly Bill No. 289Committee on Natural Resources, Agriculture and Mining
CHAPTER 549
AN ACT creating a committee to study the feasibility of constructing reservoirs in the Carson River basin; making an appropriation; and providing other matters properly relating thereto.
[Approved June 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The committee to study the Carson River basin is hereby created. The committee shall collect and evaluate information concerning the hydrology of the Carson River and its tributaries and the feasibility of constructing reservoirs, to be used for multiple purposes, in the Carson River basin above the Lahontan Reservoir.
2. The committee consists of:
(a) The director of the state department of conservation and natural resources, who is the chairman;
(b) One representative from each board of county commissioners of Douglas, Lyon, Churchill and Storey counties and of the board of supervisors of Carson City;
(c) The director of the department of wildlife;
(d) A representative of the Truckee-Carson Conservancy District, the Truckee-Carson Irrigation District, and the Carson-Walker Resource, Conservation and Development; and
(e) In the discretion of the chairman, a representative of any other agency or organization with an interest in the Carson River basin.
Sec. 2. There is hereby appropriated from the state general fund to the committee to study the Carson River basin the sum of $50,000 conditioned upon receipt of an equal amount of money from other federal, state, local and private sources. Any remaining balance of the appropriation made by this section 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 expires by limitation on July 1, 1987.
________
κ1985 Statutes of Nevada, Page 1653κ
Assembly Bill No. 49Committee on Commerce
CHAPTER 550
AN ACT relating to local governmental finance; providing specially for local governments if the tax rate is reduced to zero; prohibiting an increase in maximum allowable combined revenue where the same function is transferred from one local government to another or a new local government is created; and providing other matters properly relating thereto.
[Approved June 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:
If for any fiscal year the application of NRS 354.59805 precludes the imposition of any tax ad valorem for any local government, except for debt service, and in a subsequent year revenue from taxes ad valorem is needed but precluded by the application of NRS 354.59811, the Nevada tax commission shall set a rate sufficient to allow the local government, with other available revenue, to provide the basic services for which it was created. The commission may, if necessary, subsequently adjust the rate to carry out the provisions of this section.
Sec. 2. NRS 354.5987 is hereby amended to read as follows:
354.5987 1. For the purposes of NRS 354.59805, 354.59811 and 354.59816, the maximum allowable combined revenue of any local government:
[1.] (a) Which comes into being on or after July 1, 1983, whether newly created, consolidated , or both; or
[2.] (b) Which was in existence before July 1, 1983, but did not receive revenue from taxes ad valorem, except any levied for debt service, for the fiscal year ending June 30, 1981,
must be initially established by the Nevada tax commission.
2. If the local government for which the maximum allowable combined revenue is established performs a function previously performed by another local government, the total revenue allowed to all local governments for performance of substantially the same function in substantially the same geographical area must not be increased. To the extent necessary to achieve this result, the Nevada tax commission shall subtract from the maximum allowable combined revenue the basic revenue from taxes ad valorem and the revenues from taxes ad valorem allowed by NRS 354.59805 of each local government that previously performed all or part of that function the amount expended for that purpose in the most recent fiscal year for which reliable information is available.
3. In any other case, the total maximum allowable combined revenue of all local governments in the county, to which the limits imposed by NRS 354.5905 and 354.59816 apply, must not be increased, but the total must be reallocated among them to accommodate the amount newly established pursuant to subsection 1.
κ1985 Statutes of Nevada, Page 1654 (CHAPTER 550, AB 49)κ
Sec. 3. Section 2 of this act applies to every local government for which a maximum allowable combined revenue is established after the effective date of this act, or was established on or after May 1, 1985, with respect to all revenue to be collected on or after July 1, 1985.
Sec. 4. Sections 2 and 3 of this act become effective upon passage and approval.
________
Senate Bill No. 466Senator Redelsperger
CHAPTER 551
AN ACT relating to counties; realigning the boundary between Clark and Nye counties; and providing other matters properly relating thereto.
[Approved June 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 243 of NRS is hereby amended by adding thereto a new section to read as follows:
The boundary line between Nye and Clark counties is as follows: Beginning at the point of intersection of the north line of T. 16 S., R. 54 E., M.D.B. & M. and the meridian running north-south passing through Red Bluff Springs, Nevada; thence west along the north boundary of section 3, T. 16 S., R. 54 E., 400 feet more or less, to the north quarter corner of section 3, T. 16 S., R. 54 E.; thence southerly along the center 1/4 section line through sections 3, 10, 15, 22, 27 and 34 to the south quarter corner of section 34, T. 16 S., R. 54 E.; thence east along the north boundary of section 3, T. 17 S., R. 54 E. to the north quarter corner of section 3, T. 17 S., R. 54 E.; thence southerly along the center 1/4 section line through sections 3, 10, 15, 22, 27 and 34 to the south quarter corner of section 34, T. 17 S., R. 54 E. and the north quarter corner of section 3, T. 18 S., R. 54 E.; thence southerly along the center 1/4 section line through sections 3, 10, 15, 22, 27 and 34 to the south quarter corner of section 34, T. 18 S., R. 54 E. and the north quarter corner of section 3, T. 19 S., R. 54 E.; thence southerly along the center 1/4 section line through sections 3, 10, 15, 22, 27 and 34 to the south quarter corner of section 34, T. 19 S., R. 54 E. and the north quarter corner of section 3, T. 20 S., R. 54 E.; thence southerly along center 1/4 section line through sections 3, 10, 15, 27 and 34 to the south quarter corner of section 34, T. 20 S., R. 54 E.; thence east along the north boundary of section 3, T. 21 S., R 54 E. to the north quarter corner of section 3, T. 21 S., R. 54 E.; thence southerly along the center 1/4 section line through sections 3, 10, 15, 22, 27 and 34 to the south quarter corner of section 34, T. 21 S., R. 54 E. and north quarter corner of section 3, T. 22 S., R. 54 E.; thence southerly along the center 1/4 section line through sections 3, 10 and 15, T. 22 S., R.
κ1985 Statutes of Nevada, Page 1655 (CHAPTER 551, SB 466)κ
54 E. to the intersection of the north boundary of tract 38, T. 22 S., R. 54 E. near the center of section 15, T. 22 S., R. 54 E.; thence southerly through tract 38, 1 mile more or less, to the south boundary of tract 38 near the center of section 22, T. 22 S., R. 54. E.; thence southerly along the center 1/4 section line of sections 22 and 27, T. 22 S., R. 54 E. to the intersection of the state line between Nevada and California at a point 1900 feet, more or less, southeast of milepost 113 and 450 feet, more or less, northwest of the closing corner on the state line common to sections 15 and 22, T. 22 N., R. 10 E., S.B.B. & M.
Sec. 2. NRS 243.035 is hereby amended to read as follows:
243.035 [The] Except as otherwise provided in section 1 of this act, the county of Clark is hereby erected out of the following territory: All that portion of Lincoln County lying south of the 3rd standard parallel south of Mount Diablo baseline is hereby detached from Lincoln County and the county of Clark erected therefrom.
Sec. 3. NRS 243.275 is hereby amended to read as follows:
243.275 The county of Nye is hereby created, to include , except as otherwise provided in section 1 of this act, all that portion of the State of Nevada within the boundaries described as follows: Beginning at the 37th degree of north latitude with the 115th meridian of longitude west from Greenwich, and running thence west, along the northern boundary of the Territory of Arizona, to its intersection with the California line; thence northwesterly along the California line to the meridian of longitude 117°30' west from Greenwich; thence due north to the boundary line of Churchill County; thence in an easterly direction to the ODonnell Pass, on the West Gate and Ione Road; thence in an easterly direction to the mound in Reese River Valley, about 3 miles southwesterly from the town of Washington; thence due east to the eastern boundary of the state; thence south along the eastern boundary of the state to the place of beginning.
________
Senate Bill No. 320Committee on Commerce and Labor
CHAPTER 552
AN ACT relating to assistance to the medically indigent; requiring the department of human resources to reimburse registered nurses directly for certain services rendered; and providing other matters properly relating thereto.
[Approved June 7, 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 a new section to read as follows:
The department of human resources, through the welfare division, shall reimburse directly under the state plan for assistance to the medically indigent, any registered nurse who is authorized pursuant to chapter 632 of NRS to perform additional acts in an emergency or under other special conditions as prescribed by the state board of nursing, for such services rendered under the authorized scope of his practice to persons eligible to receive that assistance if another provider of health care would be reimbursed for providing those same services.
κ1985 Statutes of Nevada, Page 1656 (CHAPTER 552, SB 320)κ
shall reimburse directly under the state plan for assistance to the medically indigent, any registered nurse who is authorized pursuant to chapter 632 of NRS to perform additional acts in an emergency or under other special conditions as prescribed by the state board of nursing, for such services rendered under the authorized scope of his practice to persons eligible to receive that assistance if another provider of health care would be reimbursed for providing those same services.
________
Senate Bill No. 272Committee on Judiciary
CHAPTER 553
AN ACT relating to campgrounds; providing for the regulation of the sale of rights to use sites therein; providing penalties; and providing other matters properly relating thereto.
[Approved June 7, 1985]
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 10 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 46, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 9, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Administrator means the real estate administrator.
Sec. 4. Affiliate of a developer means a person who, directly, through one or more intermediaries, controls or is controlled by or is under common control with the developer.
Sec. 4.5. Broker of record means a licensed real estate broker who has responsibility for the marketing and sale of memberships in a campground.
Sec. 5. Campground means any real property which has camping sites available for use, occupancy or ownership, unless all the camping sites are open to the general public for a daily or other periodic fee. The term does not include any residential structure affixed to the land.
Sec. 5.5. Camping site means a space designed and offered for the purpose of locating a trailer, tent, tent trailer, pickup camper or other similar device used for camping.
Sec. 6. Developer means a person who solicits memberships and sells contracts of membership for consideration in a campground which affords camping sites and related facilities primarily to members, unless he is exempt from federal taxation pursuant to 26 U.S.C. § 501 (c)(3).
Sec. 7. Membership means an agreement offered or sold within this state evidencing a purchasers right or license to use, for more than 30 days, a campground or its recreational facilities.
κ1985 Statutes of Nevada, Page 1657 (CHAPTER 553, SB 272)κ
Sec. 8. Offer means every inducement, solicitation or attempt to bring about the sale of a membership in a campground.
Sec. 9. Purchaser means a present or prospective member.
Sec. 10. 1. Except as provided in subsection 2, a person shall not offer to sell or sell in this state any membership in a campground unless he:
(a) Holds a permit to do so issued by the administrator; and
(b) Designates and uses a broker of record to sell the membership.
2. The provisions of this chapter do not apply to:
(a) An offering subject and registered pursuant to the provisions of chapter 119 of NRS;
(b) An offering subject and registered pursuant to the provisions of chapter 119A of NRS;
(c) An offer, sale or transfer by any one person of no more than one membership in a campground in any 12 months;
(d) An offer or sale by a government or governmental agency; or
(e) A bona fide pledge of a membership in a campground.
3. Unless the transaction is exempt under the provisions of subsection 2, it is unlawful for any person to act as a broker of record, broker-salesman, salesman, sales agent or registered representative in this state in connection with the sale of memberships without first obtaining a license or registering pursuant to the provisions of chapter 645 or 119A or NRS.
Secs. 11 and 12. (Deleted by amendment.)
Sec. 13. 1. A sales agent may work for only one broker of record at any one time.
2. A broker of record shall give written notice to the administrator of a change of association of any sales agent associated with him within 10 days after that change.
3. The broker of record, upon the termination of the employment of any sales agent associated with him, shall submit that agents license to the administrator.
4. If a sales agent changes his association with any broker of record, he must apply to the administrator for the reissuance of his license for its unexpired term. The application must be accompanied by a fee of $10.
5. A sales agent may only become associated with a broker of record who certifies to his honesty, trustworthiness and good reputation.
Sec. 14. It is unlawful to engage in unfair methods of competition or deceptive or unfair practices in the offer to sell or sale of a membership. These practices include, without limitation:
1. Misrepresenting or failing to disclose any material fact concerning a campground or membership.
2. Including in any agreement for purchase of a membership provisions purporting to waive any right or benefit provided for purchasers under this chapter.
κ1985 Statutes of Nevada, Page 1658 (CHAPTER 553, SB 272)κ
3. Receiving from a prospective purchaser any money or other valuable consideration before the purchaser receives the information required by section 28 of this act.
4. Misrepresenting the amount of time or the date a camping site will be available to a purchaser.
5. Misrepresenting the location of the campground.
6. Misrepresenting the size, nature, extent, qualities or characteristics of the campground.
7. Misrepresenting the nature or extent of any services incident to the membership.
8. Misrepresenting the conditions under which a purchaser may exchange occupancy rights in a campground in one location for occupancy rights in a campground at another location.
9. Failing to disclose initially that any promised entertainment, food or other inducements are being offered to solicit the sale of a membership.
10. Conducting or participating in, without prior approval by the division, any type of lottery or contest, or offering prizes or gifts to induce or encourage a person to visit a campground, attend a meeting at which a membership will be discussed, attend a presentation, or purchase a membership.
11. Any act or practice considered an unfair method of competition or an unfair or deceptive act or practice under NRS 207.170, 207.171, 598.410 or chapter 598A or 599A of NRS.
12. Making any false promises of a character likely to influence, persuade or induce.
13. Engaging in any fraudulent, misleading or oppressive techniques or tactics of selling.
Secs. 15, 16 and 17. (Deleted by amendment.)
Sec. 18. The administrator may:
1. Adopt regulations which are necessary to carry out the provisions of this chapter.
2. Employ such legal counsel, investigators and other professional consultants as are necessary to carry out the provisions of this chapter.
Sec. 19. The administrator may, pursuant to the regulations adopted by him, exempt from a provision of this chapter any other sale, transfer or disposition of a membership if he finds that the enforcement of that provision with respect to that transaction is not necessary to protect the public interest or that of the purchasers thereof.
Sec. 20. A person wishing to offer memberships in a campground must apply to the administrator for a permit to do so. The applicant must use the forms prescribed by the administrator and must provide all of the following information:
1. His name and address.
2. If the applicant is not a natural person:
(a) A copy of the articles of incorporation or the agreement for a partnership or joint venture;
κ1985 Statutes of Nevada, Page 1659 (CHAPTER 553, SB 272)κ
(b) The name and address of each director, officer, partner or affiliate. If any person named is a natural person, his occupation for the 5 years immediately before the date of the application must also be stated; and
(c) The name and address of each person owning more than 10 percent of the stock or other equity of the developer.
3. Whether any person identified has, within the 10 years immediately before the date of the application, been convicted by a court of any felony involving theft, fraud or dishonesty and, if so, the style and number of the case, the court, the date of the judgment and the penalty imposed.
4. A copy of each contract or related form proposed to be used in the sale of memberships in the campground, the prices to be charged for each type of membership and the amount and purpose of any other fee or charge to be paid by a member.
5. A copy of each document relating to the formation, incorporation and operation of the members association responsible for the operation and maintenance of the amenities and common area of the campground.
6. A brief description of the developers ownership of or other right to use the properties or facilities represented to be available for use by purchasers, together with a brief description of the duration of any lease, license, franchise, reciprocal agreement or other agreement entitling the developer to use the properties and facilities, and any material provisions of those agreements which restrict a purchasers use of the property or which may result in the impairment of the purchasers exercise of his rights derived from membership.
7. A statement of the permits or other authorizations that are necessary for the operation of each facility that is represented by the developer as available for the use of a member that have not yet been obtained.
8. A statement of the financial condition of the developer prepared in accordance with generally accepted accounting principles and consisting of the financial statements for the most recent fiscal year of the developer that have been audited by an independent certified public accountant and the unaudited financial statements of the most recently completed fiscal quarter. The administrator may waive the requirement for audited statements if they have been prepared by an independent certified public accountant or an independent public accountant and the administrator is satisfied with the reliability of those statements and with the ability of the developer to meet his future commitments.
9. A description of the method used to determine the number of memberships to be sold for each campground owned by the developer and made available to members.
10. A copy of the disclosure required by section 28 of this act.
11. The name and business address and a copy of the license of the broker of record who will supervise the sale of the memberships.
12. Such additional information as deemed necessary by the administrator.
κ1985 Statutes of Nevada, Page 1660 (CHAPTER 553, SB 272)κ
Sec. 21. 1. The application must be signed by the developer, or by an officer or a general partner of the developer or a person holding a power of attorney for that purpose from the developer. If the application is signed pursuant to a power of attorney, a copy must be included with the application.
2. The application must be submitted with the covering page prescribed by the administrator and accompanied by the required fee.
3. The application must promptly be amended if a material change occurs in the information contained therein.
Sec. 22. The administrator shall, within 45 days after receipt of an application for a permit to sell memberships:
1. Issue the applicant a permit to sell memberships;
2. Deny the application, and state the reasons for denial; or
3. Inform the applicant of any deficiencies in the application which must be corrected before a permit is issued.
Sec. 23. The administrator shall deny an application or suspend or revoke a permit if he determines that:
1. The developer has failed to comply with any provisions of this chapter which materially affects the rights of purchasers, prospective purchasers or members, or the administration of this chapter.
2. The number of memberships to be sold would overburden the campground or any of its facilities.
3. The developer fails to show to the satisfaction of the administrator an adequate provision for continuing management of the campground for the duration of the memberships sold.
4. The term of a membership exceeds the term of the developers interest in the campground that is the subject of the membership;
5. The developer has failed to post, refused to post, or defaulted on, a financial assurance given by him concerning the completion of a proposed campground or facility at a campground.
6. The developers offering of memberships has worked or would work a fraud on purchasers or members.
7. An application or a change in the application is materially incomplete;
8. The developer, or a director, officer, partner or affiliate of the developer has within the 10 years immediately before the date of the application been convicted of a felony involving theft, fraud or dishonesty or enjoined from, or assessed a civil penalty for or found to have engaged in, a violation of any law to protect retail customers;
9. The developer has represented or is representing to prospective members that a campground or a facility at a campground is planned without having provided to the administrator a sufficient financial assurance that the proposed campground will be completed and available to the members within a reasonable time; or
10. The developer has permanently withdrawn, the developer has the right to withdraw permanently, or the property is subject to an involuntary withdrawal, from use of all or any substantial portion of the camping sites or recreationsl facilities of any campground.
κ1985 Statutes of Nevada, Page 1661 (CHAPTER 553, SB 272)κ
Sec. 24. 1. If the administrator denies an application for a permit, the applicant may, within 30 days, file a written request for a hearing. The administrator shall set the matter for hearing to be conducted within 90 days after receipt of the applicants request, unless the applicant requests a postponement of the hearing at least 3 working days before the date set for hearing. If such a request is made by the applicant, the date of the hearing must be agreed upon between the division and the applicant.
2. If the administrator fails to:
(a) Hold the hearing within 90 days or within the extended time if a postponement is requested;
(b) Render his decision within 60 days after the hearing; or
(c) Notify the applicant in writing, by his order, within 15 days after his decision was made,
the order of denial expires and the administrator shall issue the permit within 15 days.
Sec. 24.5. 1. Before suspending, revoking or imposing conditions upon a permit, the administrator shall give notice to the developer of the charges against him and shall afford him the opportunity to be heard. Service of the complaint and notice of the time and place of the hearing may be made personally or by mailing a copy of the complaint and notice by certified mail to the developer at his last known address of record on file with the administrator.
2. Within 10 days after the service, the developer shall file an answer to the complaint with the administrator. The administrator shall hold a hearing within 30 days after the filing of the answer, unless an extension is granted by the administrator for good cause shown. Written findings of fact, conclusions of law, and decision must be made within 30 days after the hearing and served upon the developer personally or sent by certified mail to his last known address of record on file with the administrator, within 15 days after the decision is made.
Sec. 25. 1. A permit must be renewed annually by the developer by filing the application with and paying the fee for renewal to the administrator. The application must be filed and the fee paid not later than the 30th day before the date of expiration and must include any change that has occurred in the information previously provided to the administrator or in a statement of disclosure provided to a prospective member pursuant to the provisions of section 28 of this act.
2. The renewal is effective on the 30th day after the filing of the application unless the administrator:
(a) Denies the renewal; or
(b) Sooner approves the renewal.
Sec. 26. 1. The administrator shall, before issuing any permit pursuant to the provisions of this chapter, fully investigate all information submitted to him as required by the provisions of this chapter and may, if necessary, inspect the property which is the subject of any application. All reasonable expenses incurred by the administrator in carrying out the investigation or inspection must be paid by the applicant and no permit may be issued until those expenses have been paid.
κ1985 Statutes of Nevada, Page 1662 (CHAPTER 553, SB 272)κ
out the investigation or inspection must be paid by the applicant and no permit may be issued until those expenses have been paid.
2. Payments received by the administrator pursuant to this section must be deposited in the state treasury for credit to the real estate investigative fund. The administrator shall use the money in the fund to pay the expenses of agents and employees of the division making the investigations under this section. The administrator may advance money to them for those expenses when appropriate.
Sec. 27. 1. The administrator shall collect the following fees at such times and upon such conditions as he may provide by regulation:
For an initial permit to sell memberships in a campground.............................. $250
For renewal of a permit............................................................................................ 250
For each page of a public offering statement which is amended after the issuance of the report............................................................................................................. 5
Application fee for registration of a representative.............................................. 50
For renewal of the registration of a representative............................................... 50
For reinstatement of the registration of a representative..................................... 25
2. Each developer shall pay an additional fee for each membership he sells in a campground containing more than 50 sites for camping pursuant to the following schedule:
Number of sites Amount to be
paid per site
51 250................................................................................................................... $5.00
251 500...................................................................................................................... 4.00
501 750...................................................................................................................... 3.00
7511500...................................................................................................................... 2.50
over 1500..................................................................................................................... 1.00
3. The administrator may reduce the fees established by this section if the reduction is equitable in relation to the costs of carrying out the provisions of this chapter.
Sec. 28. A developer shall disclose the following information to a prospective member before he signs a contract of membership or gives any money or thing of value for the purchase of a membership. The disclosures must be delivered with the contract at the time the contract is signed. The information must be brought up to date annually or whenever there is a material change and must be presented in a format approved by the administrator which clearly communicates all of the following:
1. The name and address of the developer and any affiliate of the developer.
2. A brief description of the developers experience in operating a campground, including the number of years he has been in that business.
3. A brief description of the nature and duration of the members right or license to use the developers campground, both within the state and at any other locations owned or controlled by the developer.
κ1985 Statutes of Nevada, Page 1663 (CHAPTER 553, SB 272)κ
4. The location of each of the developers campgrounds and a brief description for each significant facility at each campground then available for use by a member and those which are represented as being planned, together with a brief description of any significant facilities at a campground that are or will be available to a nonmember. As used in this subsection significant facility includes camping sites, swimming pools, athletic courts, recreational buildings, restrooms and showers, laundry rooms and trading posts or grocery stores.
5. A brief description of the developers ownership of or other right to use the campground or its facilities represented to be available for use by a member, together with the duration of any lease, license, franchise or reciprocal agreement entitling the developer to use the campground or the facilities, and any material provisions of any agreement which restricts a members use of the campground or its facilities.
6. A copy of the rules, restrictions or covenants regulating the members use of the developers campground or its facilities, including a statement of whether and how the rules, restrictions or covenants may be changed.
7. A description of any restraints on the transfer of the membership.
8. A copy of the policy relating to the availability of the camping
9. A statement of any grounds for the forfeiture of a membership and the procedures and rights to which the member is entitled.
10. A copy of the contract of membership signed by the member.
11. A statement of the prospective members right to cancel the contract of membership as provided in section 35 of this act.
12. A statement of the terms and conditions of any program for the exchange of the right to use the facilities of another campground represented to be available to the member, including whether the members participation in the program is dependent upon the continued affiliation of the developer with that campground and whether the developer or another person reserves the right to terminate that affiliation.
Sec. 29. 1. The developer may form an association of the members. The association may be incorporated.
2. The state of incorporation may be:
(a) This state;
(b) The state in which the campground is located; or
(c) Any state where the developer has obtained a permit to sell memberships.
3. If an association is incorporated, the articles of incorporation or the bylaws must provide for the transfer by the developer to the owners of the control of the association within 120 days after 80 percent of the memberships have been sold.
4. Except as provided in NRS 78.355, any proxy which is executed by an owner to an association is valid for an indefinite period if the owner may revoke his proxy, by written notice to the association, to vote at a particular meeting.
κ1985 Statutes of Nevada, Page 1664 (CHAPTER 553, SB 272)κ
Sec. 30. 1. If an association is formed, a developer or an affiliate of the developer shall provide for the management of the campground by a written agreement with the association. The initial term of the agreement must expire upon the first annual meeting of the members of the association or at the end of 5 years, whichever comes first. Each succeeding term of the agreement must be renewed annually unless the manager of the association or a majority of the members, excluding the developer, notify the manager of their refusal to renew the agreement.
2. The agreement must provide that:
(a) The manager or a majority of the members may terminate the agreement for cause;
(b) The resignation of the manager will not be accepted until 90 days after receipt by the members of the written resignation; and
(c) A fidelity bond must be delivered by the manager to the association.
3. Except as provided in this subsection, if the developer retains a reversionary interest in the campground, the parties to an agreement must include the developer, the manager and the association. In addition to the provisions required in this section, the agreement must provide:
(a) That the campground will be maintained in good condition. Except as provided in this paragraph, any defect which is not cured within 10 days after notification by the developer may be cured by him. In an emergency situation, notice is not required. The association must repay the developer for any cost of the repairs plus the legal rate of interest. Each member must be assessed for his share of the cost of repairs.
(b) That, if any dispute arises between the developer and the manager or association, either party may request from the American Arbitration Association a list of seven potential factfinders from which one must be chosen to settle the dispute. The agreement must provide for the method of selecting one factfinder from this list.
(c) For collection of assessments from the members to pay obligations which may be due to the developer for breach of the covenant to maintain the campground or its facilities in good condition and repair.
If the developer, after his request to be included, is not made a party to this agreement, he shall be deemed a third-party beneficiary of that agreement.
Sec. 31. 1. The association, or if no association has been formed the developer, shall adopt an annual budget for revenues, expenditures and reserves and collect assessments for the expenses of the campground from the members. The initial budget must be approved by the administrator. The administrator may require the developer to submit, at his own expense, an opinion from an independent professional consultant regarding the sufficiency of the budget to sustain the plan offered by the developer. Any money collected for assessments must be placed in a trust account.
κ1985 Statutes of Nevada, Page 1665 (CHAPTER 553, SB 272)κ
2. The association or other manager shall maintain adequate property and public liability insurance insuring against all risks of physical loss with a provision, accepted in writing by any lender for whom the campground may constitute security, that the proceeds must be disbursed for the repair or restoration of the campground.
3. The developer shall pay the assessment for any memberships which are unsold or enter into an agreement, on a form approved by the administrator, to pay the difference between the actual expenses incurred and the amounts payable as assessments by the members. The administrator may require the developer to provide a surety bond or other form of security which is satisfactory to the administrator, to guarantee the payment of the developers obligation. The administrator may require that the contract of membership provide that the failure of the member to pay an annual or special assessment within 90 days after it is due constitutes a breach of the contract and allows the foreclosure of the members interest or the restriction of the member from use of the campground until that assessment is paid.
Sec. 32. The association or other manager may levy and enforce a reasonable assessment upon a member in accordance with the contract. The assessment is a debt of the member at the time the assessment is made. The amount of the assessment plus any other charges thereon, such as interest, costs, attorneys fees and penalties, as may be provided for in the contract of membership is a lien upon the members interest in the contract of membership. The notice of assessment must state:
1. The amount of the assessment and the other charges authorized by the contract of membership;
2. A description of the members interest against which the lien has been assessed; and
3. The name of the member.
The notice must be signed by an authorized representative of the association or as otherwise provided in the contract of membership. Upon the payment or other satisfaction of the assessment and charges in connection with which the notice has been recorded, the association or other manager shall notify the developer of the satisfaction and the release of the lien thereof.
Sec. 33. 1. A developer who affiliates his campground with a company offering a program for the exchange of rights of occupancy among members or with the members whose rights relate to other campgrounds, or both, shall give the member the following information:
(a) The name and address of the company offering the program.
(b) If the company is not a natural person, the names of the officers, directors, shareholders or partners owning at least 5 percent of the outstanding stock of that operator.
(c) A statement indicating whether the company or any of its officers, directors or partners has any legal or beneficial interest in any interest of the developer or managing agent in a plan to sell memberships included in the program, and if so, the name, location and nature of that interest.
κ1985 Statutes of Nevada, Page 1666 (CHAPTER 553, SB 272)κ
included in the program, and if so, the name, location and nature of that interest.
(d) A statement that the members contract with the company is a contract separate and distinct from the contract of membership sold by the developer, unless the company and the developer or an affiliate are the same.
(e) A statement whether the members participation in the program is dependent upon the continued inclusion of the plan to sell memberships in the program.
(f) A statement indicating whether the members membership or participation in the program, is voluntary or mandatory.
(g) A complete and accurate description of:
(1) The terms and conditions of the members contractual relationship with the company and the procedure by which changes thereto may be made.
(2) The procedure to qualify for and make changes.
(3) Each limitation, restriction or priority of the program, including, but not limited to, a limitation on exchanges based on the seasons of the year, the size of the facilities or levels of occupancy, printed in boldface type, and, if those limitations, restrictions or priorities are not uniformly applied by the program, a clear description of the manner in which they are applied.
(h) A statement indicating whether an exchange is arranged on the basis of available space and whether there are any guarantees of fulfilling a specific request for an exchange.
(i) A statement indicating whether and under which circumstances a member, in dealing with the company, may lose the right to use and occupy a site in any properly requested exchange without being provided with substitute accommodations by the company.
(j) The fees to be paid by participants in the program, including a statement indicating whether any fees may be changed by the company and, if so, the circumstances under which those changes may be made.
(k) The name and address of the site of each campground included in the program.
(l) The number of sites in each campground included in the program which are available for occupancy, expressed in numerical groupings of from 1 to 5, 6 to 10, 11 to 20, 21 to 50 and over 50.
(m) The number of members with respect to each plan to sell memberships or other rights who are eligible to participate in the program, expressed in numerical groupings of from 1 to 100, 101 to 249, 250 to 499, 500 to 999 and at least 1,000 and a statement of the criteria used to determine those members who are eligible to participate in the program.
(n) The disposition made by the company of the memberships deposited with the program by members who are eligible to participate in the program and not used by the company in effecting exchanges.
(o) An annual report completed on or before July 1 of the succeeding year which must be independently certified by a certified public accountant or accounting firm in accordance with the standards of the Accounting Standards Board of the American Institute of Certified Public Accountants, as those standards exist on the effective date of this act.
κ1985 Statutes of Nevada, Page 1667 (CHAPTER 553, SB 272)κ
year which must be independently certified by a certified public accountant or accounting firm in accordance with the standards of the Accounting Standards Board of the American Institute of Certified Public Accountants, as those standards exist on the effective date of this act. The report must include:
(1) The number of members who are enrolled to participate in the program, including an indication of whether the relationship between the company and the members is based on the payment of a fee or is gratuitous.
(2) The number of campgrounds and camping sites included in the program, categorized by those campgrounds which are the subject of a contract between the developer or the association and the company and those campgrounds which are the subject of a contract between the company and members directly.
(3) The number of memberships for which the company has an outstanding obligation to provide an exchange to a member who relinquished a membership during the year in exchange for a membership in any future year.
(4) The number of exchanges confirmed by the company during the year.
2. The information required by subsection 1 must be delivered to the prospective member before the execution of any contract between the prospective member and a company or the contract of membership.
3. Upon the receipt of the information, the member shall certify in writing that he has received the information from the developer.
4. Except as otherwise provided in this subsection, the information required by subsection 1 must be accurate as of 30 days before the date on which the information is delivered to the prospective member. The information required by paragraphs (b), (c), (k), (l), (m) and (o) of subsection 1 must be consistent with the latest audited statement of the company which is prepared not more than 18 months before the information is delivered.
Sec. 34. If a developer intends to offer a program for the exchange of occupancy rights among the members whose rights relate to one campground or with the members whose rights relate to other campgrounds, or both, directly to a member, the developer shall deliver to the prospective member, before the offering or the execution of any contract between the prospective member or member and the developer offering the program, the information mentioned in subsection 1 of section 33 of this act. This section does not apply to a renewal of a contract for the exchange of occupancy rights between a member and such a developer.
Sec. 35. A contract of membership may be canceled at the option of the member if he sends notice of the cancellation by certified mail, return receipt requested, to the developer, posted not later than midnight of the 5th calendar day following the day on which the contract was signed. This right must be set forth in the contract of membership in close proximity to the members signature line. Within 20 days after the developer receives a notice of cancellation, the contract of membership, the membership card and other evidence of the membership, the developer shall refund to the former member any money paid as a deposit, down payment or other consideration.
κ1985 Statutes of Nevada, Page 1668 (CHAPTER 553, SB 272)κ
the developer receives a notice of cancellation, the contract of membership, the membership card and other evidence of the membership, the developer shall refund to the former member any money paid as a deposit, down payment or other consideration.
Sec. 36. 1. A company whose program for the exchange of occupancy rights among members of a campground or with the members of different campgrounds, or both, is offered to members in this state shall, on or before July 1 of each year, file with the administrator and the secretary of the members association the information required by subsection 1 of section 33 of this act as it relates to that program.
2. No developer is liable for the use, delivery or publication of the information provided to him by the company.
3. Except as otherwise provided in this subsection, no company is liable for:
(a) Any representation made by the developer relating to the program or the company.
(b) The use, delivery or publication by the developer of any information relating to the program or the company.
The company is liable only for the written information provided to the developer by the company.
Sec. 37. 1. No membership may be advertised or offered for sale within this state until the advertisement is approved by the administrator.
2. Each application for the approval of advertising must:
(a) Include the form and content of advertising to be used;
(b) Include the nature of the offer of gifts or other free benefits to be extended; and
(c) Be accompanied by a filing fee of not more than $25, to be established by the administrator.
3. The administrator shall render a decision upon an application for the approval of advertising or an offer for sale within 30 days after the date the application is filed.
Sec. 38. A members remedy for an error or omission in a contract of membership and the related materials delivered to him at the time of sale or any of the disclosures required in section 28 of this act is limited to the right of rescission and the refund of the consideration paid by him. This limitation does not apply to an error or omission in the contract or disclosures or other requirements of this chapter which is a part of a scheme willfully to misstate or omit the information required. Reasonable attorneys fees may be awarded to the prevailing party in any action under this chapter. Any action to rescind a contract of membership must be brought within 1 year after the date of purchase or within 1 year after the date of the discovery of the misrepresentation giving rise to the action for rescission.
Sec. 39. 1. If the title to a campground is conveyed to a trustee before the sale of the first membership related to it, the developer must provide the administrator with satisfactory evidence that:
(a) Title to the campground has been conveyed to the trustee.
κ1985 Statutes of Nevada, Page 1669 (CHAPTER 553, SB 272)κ
(b) All proceeds received by the developer from the sales of memberships are being delivered to the trustee and deposited in a fund which has been established to provide for the payment of any taxes, cost of insurance or the discharge of any lien recorded against the campground.
(c) The trustee is required to pay all charges against the trust in the following order:
(1) Trustees fees and costs.
(2) Payment of taxes.
(3) Payments due to any holder of a lien recorded against the campground.
(4) Any other payments authorized by the document creating the trust.
2. If a trust is created by a developer to hold title, the:
(a) Trustee must not be approved by the administrator.
(b) Trust must be irrevocable, unless otherwise provided by the administrator.
(c) Trustee must not be permitted to encumber the property unless permission to do so has been given by the division.
(d) Association or each member must be made a third-party beneficiary.
(e) Trust must provide that the trust and not the developer is the contracting party in all matters involving the trust assets.
(f) Trustee must give at least 30 days notice in writing of his intention to resign to:
(1) The association, if it has been formed;
(2) All owners; and
(3) The administrator,
and the administrator must approve a substitute trustee before the resignation of the trustee may be accepted.
3. The administrator may inspect the records relating to the trust at any reasonable time.
Sec. 40. 1. A contract of membership may not be executed unless the developer has provided satisfactory evidence to the administrator that:
(a) The campground is free and clear of any blanket encumbrances;
(b) Each person who holds an interest in a blanket emcumbrance affecting the campground has executed an agreement, approved by the administrator, to subordinate his right to the rights of the member;
(c) The developer has obtained and recorded a binding agreement acceptable to the administrator, executed by himself and all holders of a blanket encumbrance which provides that the holders rights are subordinate to the rights of subsequent purchasers and that the holder, his successors and assigns, and any person who acquires the property through foreclosure or by deed in lieu of foreclosure of the blanket encumbrance, take the property subject to the rights of purchasers provided in the contract of membership; or
κ1985 Statutes of Nevada, Page 1670 (CHAPTER 553, SB 272)κ
(d) Title to the campground has been conveyed to a trustee pursuant to the provisions of this chapter.
2. If the interest of the developer is a leasehold interest, the lease, unless otherwise required by the administrator, must provide that:
(a) If an association has been formed, the lessor shall give notice of termination of the lease for any default by the lessee to the association and the individual members; and
(b) The lessor, upon the bankruptcy of the lessee, shall enter into a new lease with the association upon the same terms and conditions as the lease with the developer.
The administrator may require the developer to execute a bond or other type of security to ensure the payment of the rental obligation.
3. In lieu of the requirements set forth in subsections 1 and 2, alternative arrangements may be made if they are adequate to protect the rights of the members and are approved by the administrator.
Sec. 41. 1. The administrator may issue an order directing a developer to cease engaging in activities for which the developer has not received a permit under this chapter or conducting activities in a manner not in compliance with the terms of his permit.
2. The order to cease must be in writing and must state that, in the opinion of the administrator, the developer has not been issued a permit for the activity or the terms of the permit do not allow the developer to conduct the activity in that manner. The developer shall not engage in any activity regulated by this chapter after he receives such an order.
3. Within 30 days after receiving such an order, a developer may file a verified petition with the administrator for a hearing. The administrator shall hold a hearing within 30 days after the petition is filed. If the administrator fails to hold a hearing within 30 days, or does not render a written decision within 45 days after the final hearing, the order to cease is rescinded.
4. If the decision of the administrator after a hearing is against the person ordered to cease, he may obtain judicial review from that decision by filing, within 30 days after the date on which the decision was issued, a petition in the district court for the county in which he conducted the activity. The burden of proof is on the petitioner. The court shall consider the decision of the administrator which is being reviewed and shall consider and determine solely whether there has been an abuse of discretion on the part of the administrator in making the decision.
5. In lieu of the issuance of an order to cease such activities, the administrator may enter into an agreement with the developer in which the developer agrees to:
(a) Discontinue the activities that are not in compliance with this chapter;
(b) Pay all costs incurred by the administrator in investigating the developers activities and conducting any necessary hearings; and