[Rev. 4/7/2015 11:11:55 AM]

LAWS OF THE STATE OF NEVADA

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ê1977 Statutes of Nevada, Page 1ê

 

LAWS OF THE STATE OF NEVADA

Passed at the

FIFTY-NINTH SESSION OF THE LEGISLATURE

1977

 

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CHAPTER 1, AB 1

Assembly Bill No. 1–Committee on Legislative Functions

CHAPTER 1

AN ACT relating to the state legislature; increasing the compensation of the assembly supervisor of clerks and adding an assistant supervisor; and providing other matters properly relating thereto.

 

[Approved January 24, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

 

      Section 1.  NRS 218.230 is hereby amended to read as follows:

      218.230  There shall 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 day’s employment and no more:

 

                                                             Senate

 

Assistant secretary.........................................................................................          $40

Assistant sergeant-at-arms...........................................................................            28

Clerks...............................................................................................................            22

Committee stenographer..............................................................................            37

History clerk...................................................................................................            37

Journal clerk...................................................................................................            37

Minute clerk....................................................................................................            37

Page..................................................................................................................            21

Secretary.........................................................................................................            56

Sergeant-at-arms...........................................................................................            37

Stenographers.................................................................................................            32

Supervisor of clerks.......................................................................................            34

 

                                                           Assembly

 

Assistant chief clerk......................................................................................          $40

Assistant sergeant-at-arms...........................................................................            28

Assistant supervisor of clerks......................................................................            30

Chief clerk.......................................................................................................            56

Clerks...............................................................................................................            22

Committee stenographer..............................................................................            37

History clerk................................................................................................... 37 Journal clerk     $37

 


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ê1977 Statutes of Nevada, Page 2 (Chapter 1, AB 1)ê

 

Journal clerk...................................................................................................          $37

Minute clerk....................................................................................................            37

Pages................................................................................................................            21

Sergeant-at-arms...........................................................................................            37

Stenographers.................................................................................................            32

Supervisor.......................................................................................................            37

Supervisor of clerks................................................................................ [32]           34

Supply clerk....................................................................................................            26

Typists.............................................................................................................            24

Security guard................................................................................................            30

 

      Sec. 2.  This act shall become effective upon passage and approval.

 

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CHAPTER 2, SB 146

Senate Bill No. 146–Committee on Finance

CHAPTER 2

AN ACT making an appropriation from the state general fund to the legislative fund.

 

[Approved February 3, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  There is hereby appropriated from the state general fund to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $500,000.

      Sec. 2.  This act shall become effective upon passage and approval.

 

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CHAPTER 3, AB 83

Assembly Bill No. 83–Assemblymen Serpa, Rhoads and Craddock

CHAPTER 3

AN ACT relating to the state militia; providing changes in the administration of certain funds by the adjutant general; and providing other matters properly relating thereto.

 

[Approved February 9, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 412.108 is hereby amended to read as follows:

      412.108  1.  The person, firm, association or corporation applying for the rental of an armory or space within an armory shall execute and deliver a written agreement which shall include among its provisions his or its full name and address, the purpose for which [such] its use is desired, the nature and manner of the intended use of [such] the space, a reasonable rental to be paid for such use and the amounts to be paid for heating, lighting, janitorial and other services connected with [such] its use.


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ê1977 Statutes of Nevada, Page 3 (Chapter 3, AB 83)ê

 

for heating, lighting, janitorial and other services connected with [such] its use. The terms and provisions of [such] the agreement shall be governed by department regulations issued pursuant to this chapter, which regulations shall include provisions designed to prevent unfair competition with privately owned property and business.

      2.  No agreement for use made under this section [shall be] is effective until [such] the agreement or lease has been approved and executed by the officer in charge of the armory and has been approved by his military superiors as prescribed by department regulations issued pursuant to this chapter.

      3.  No agreement or lease made under this section may be assigned in whole or in part nor may [such space or any part thereof] space be sublet to or used by a person, firm, association or corporation not a party to such agreement, unless each assignment, subletting or use is first approved in writing by the officer in charge of the armory.

      4.  All [moneys] money paid or given, directly or indirectly, for the use of an armory or to obtain an agreement or permission to use the armory shall be use fees within the meaning of this section and shall be paid to the officer in charge of the armory. Any person other than the officer in charge of the armory who receives any such [moneys] money shall immediately pay over the [moneys] money to the officer in charge of the armory, who shall immediately forward one-half of [such moneys] the money to the office of the adjutant general to be placed in a [revolving fund in the name of the adjutant general] special revenue fund entitled the adjutant general’s special construction fund, to be used by the department for necessary repairs and improvements of state armories and arsenals in the manner prescribed by department regulations. The [remaining one-half of such moneys] remainder of the money shall be placed in an armory fund to be kept by the officer in charge of the armory and used for military activities, affairs and to further community relations within the community in which the armory is located. These expenditures shall be made according to department regulations and must be approved by a board of three officers appointed by the adjutant general.

      5.  When use of an armory is by a federal, state, county or municipal bureau, agency or department or by any of the Armed Forces of the United States or any of the reserve components thereof, or by any reserve officers training corps unit, the adjutant general, in his discretion, may require the execution of a contract or agreement for such use, upon such terms and conditions as he may prescribe.

      Sec. 2.  NRS 412.143 is hereby amended to read as follows:

      412.143  1.  [The Nevada National Guard educational encouragement fund is hereby created in the state treasury.

      2.]  The adjutant general may authorize the payment of 50 percent of the consolidated fee each semester for each member of the active Nevada National Guard who attends the University of Nevada as a full-time or part-time student from [the Nevada National Guard educational encouragement fund.] money appropriated for this purpose.

      [3.]2.  The adjutant general may authorize the payment of 50 percent of the credit-hour cost each semester for each member of the active Nevada National Guard who attends a community college as a full-time or part-time student from [the Nevada National Guard educational encouragement fund.]


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ê1977 Statutes of Nevada, Page 4 (Chapter 3, AB 83)ê

 

active Nevada National Guard who attends a community college as a full-time or part-time student from [the Nevada National Guard educational encouragement fund.] money appropriated for this purpose.

      [4.]3.  To be eligible to receive benefits [from the fund, an individual] , a person must be a member in good standing of the active Nevada National Guard at the beginning of and throughout the entire semester for which benefits are received.

 

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CHAPTER 4, AB 65

Assembly Bill No. 65–Assemblymen Jeffrey, Demers and Horn

CHAPTER 4

AN ACT relating to gaming licensing and control; changing the gaming control board revolving fund to an account; deleting the requirement that the chairman of the board furnish a fidelity bond; and providing other matters properly relating thereto.

 

[Approved February 9, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 463.330 is hereby amended to read as follows:

      463.330  1.  Costs of administration of this chapter incurred by the commission and the gaming control board shall be paid from the general fund on claims presented by the commission and the board, respectively, and approved and paid as other claims against the state are paid; but the total amount of such claims shall not exceed 10 percent of the total amount of money collected pursuant to this chapter. The commission and the board shall comply with the provisions of the State Budget Act in order that legislative authorization for budgeted expenditures may be provided.

      2.  In order to facilitate the confidential investigation of violations of this chapter and the regulations adopted by the commission pursuant hereto, there is hereby created the state gaming control board revolving [fund.] account. Upon the written request of the chairman of the board, the state controller is directed to draw his warrant in favor of the chairman in the amount of $3,000, and upon presentation of the [same] warrant to the state treasurer, [the treasurer shall pay the same.] he shall pay it. When the warrant is paid, the chairman shall deposit the $3,000 in a bank of reputable standing, which bank shall secure the deposit with a depository bond satisfactory to the state board of examiners. [Before the chairman of the board shall receive such $3,000 from the state treasurer, he shall furnish a bond to the State of Nevada in the penal sum of $6,000, conditioned upon the faithful performance of his duties hereunder.]

      3.  The chairman of the board [is authorized to] may use the revolving [fund] account to pay the reasonable expenses of agents and employees of the board engaged in confidential investigations concerning the enforcement of this chapter, including the prepayment of expenses where necessary, whether such expenses be incurred for investigation of known or suspected violations.


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ê1977 Statutes of Nevada, Page 5 (Chapter 4, AB 65)ê

 

known or suspected violations. [hereof.] In allowing such expenses the chairman [shall not be] is not limited or bound by the provisions of NRS 281.160. [or any act amendatory thereof or supplemental thereto.]

      4.  After the expenditure of money from the revolving [fund,] account, the chairman of the board shall present a claim to the state board of examiners for the amount of the expenditure to be replaced in the revolving [fund.] account. The claim shall be audited, allowed and paid as are other claims against the state, but such claim shall not detail the investigation made as to the agent or employee making the [same] investigation or the person or persons investigated. If the state board of examiners is not satisfied with the claim, the members thereof may orally examine the chairman concerning the [same.] claim.

      5.  Expenditures from the revolving [fund shall] account may not exceed $30,000 in any 1 fiscal year. Authorization for expenditures from the revolving [fund shall in no event be deemed to be] account is not an exception to the limitation on total expenditures imposed by subsection 1, but such expenditures from the revolving [fund shall be deemed] account are administrative expenses of this chapter and shall be included in the total of expenditures to which such limitation is applicable.

 

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CHAPTER 5, AB 103

Assembly Bill No. 103–Committee on Taxation

CHAPTER 5

AN ACT relating to revenue and taxation; requiring the department of taxation to deposit sales and use tax collections in the account of the state treasurer and repealing authority for the department to open bank accounts in its own name for temporary deposit of such collections; and providing other matters properly relating thereto.

 

[Approved February 11, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 360.276 is hereby amended to read as follows:

      360.276  Every representative and employee of the department who collects sales and use taxes or penalties and interest on such taxes, or who obtains cash bonds or permit fees, shall deposit all [funds and] moneys so collected or obtained in the nearest or most convenient bank in which the [executive director has opened an account.] state treasurer maintains the state treasurer’s account. All deposits shall be made by the representative or employee on the same day on which he receives the [funds and] moneys unless he receives them at so late an hour that he is unable to deposit them before the close of the regular hours of business of the bank and the bank has no facilities for night deposits, in which case he shall make the deposit promptly at the beginning of the next day on which the bank is open for business.

      Sec. 2.  NRS 360.273 is hereby repealed.

 

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ê1977 Statutes of Nevada, Page 6ê

 

CHAPTER 6, SB 32

Senate Bill No. 32–Committee on Government Affairs

CHAPTER 6

AN ACT relating to the legislative auditor; expanding his responsibilities and duties concerning the legislative payroll; and providing other matters properly relating thereto.

 

[Approved February 11, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The legislative auditor is ex officio legislative fiscal officer. As such officer, he shall keep a complete, accurate and adequate set of accounting records and reports for all legislative operations including any records and reports required by the Federal Government for the administration of federal revenue and income tax laws.

      2.  The legislative auditor shall withhold from the pay of each legislator, employee of the legislature and employee of the legislative counsel bureau the amounts specified in the revenue act of the United States as is now in force and such amounts as may be further specified by additional enactments of Congress, and shall transmit such amounts deducted to the Internal Revenue Service of the United States Department of the Treasury.

      3.  The legislative auditor may provide for the purchase of United States Savings Bonds or similar United States obligations by salary or wage deduction for any legislator, legislative employee or employee of the legislative counsel bureau who submits a written request for such deductions and purchases. The legislative auditor shall provide forms authorizing deductions for and purchases of such United States obligations.

      4.  The legislative auditor may withhold from the pay of a legislator, employee of the legislature or employee of the legislative counsel bureau such amount as the claimant specifies in writing for payment to his credit union. Any money so withheld shall be transmitted by the legislative auditor in accordance with the claimant’s written instructions. The legislative auditor may adopt regulations necessary to carry out the provisions of this subsection.

      Sec. 2.  NRS 218.870 is hereby amended to read as follows:

      218.870  The legislative auditor shall keep or cause to be kept:

      1.  [A complete, accurate and adequate set of accounting records and reports for all legislative operations.

      2.]  A complete file of copies of all audit reports, examinations, investigations and any and all other reports or releases issued by him.

      [3.]2.  A complete file of audit work papers and other evidences pertaining to work of the legislative auditor.

      Sec. 3.  This act shall become effective upon passage and approval.

 

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ê1977 Statutes of Nevada, Page 7ê

 

CHAPTER 7, AB 32

Assembly Bill No. 32–Committee on Government Affairs

CHAPTER 7

AN ACT relating to county fire protection districts; eliminating requirement of real property ownership to qualify to vote or hold elective office; and providing other matters properly relating thereto.

 

[Approved February 11, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 474.070 is hereby amended to read as follows:

      474.070  1.  When, under the provisions of NRS 474.040 to 474.060, inclusive, the boundaries of the proposed district [shall be] are defined and established by the board, the board of county commissioners shall make an order dividing the proposed district into three or five divisions as nearly equal in size as practicable, which divisions shall be numbered consecutively, and shall constitute election precincts for the district.

      2.  One director, who shall be a [property owner] resident of the election precinct for which he is elected, shall be elected, as provided in NRS 474.010 to 474.450, inclusive, by each election precinct; but when requested in the petition, three directors [, who shall be property owners of the district,] shall be elected at large by the district.

      Sec. 2.  NRS 474.100 is hereby amended to read as follows:

      474.100  1.  [Holders of title or evidence of title to lands] Every qualified elector within the district [, and no others, shall be qualified and entitled to] may vote either in person or by proxy at any election held by [such] the district.

      2.  No person [shall] may vote by proxy unless his proxy to cast [such] his vote [shall be] is evidenced by an instrument in writing duly acknowledged before a notary public and filed with the board of election.

 

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CHAPTER 8, AB 51

Assembly Bill No. 51–Assemblymen Demers, Mann and Kosinski

CHAPTER 8

AN ACT relating to capital construction projects; prescribing additional duties of the state public works board; and providing other matters properly relating thereto.

 

[Approved February 11, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 341.150 is hereby amended to read as follows:

      341.150  1.  The state public works board shall furnish engineering and architectural services to all state departments, boards or commissions charged with the construction of any building constructed on state property or the money for which is appropriated by the legislature, except highway maintenance buildings. All such departments, boards or commissions are required and authorized to use such services.


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ê1977 Statutes of Nevada, Page 8 (Chapter 8, AB 51)ê

 

      2.  The services shall consist of:

      (a) Preliminary planning.

      (b) Designing.

      (c) Estimating of costs.

      (d) Preparation of detailed plans and specifications.

      The board may submit preliminary plans or designs to qualified architects or engineers for preparation of detailed plans and specifications if the board deems such action desirable. The cost of preparation of preliminary plans or designs, the cost of detailed plans and specifications, and the cost of all architectural and engineering services shall be charges against the appropriations made by the legislature for any [and all] state buildings or projects, or buildings or projects planned or contemplated by any state agency for which the legislature has appropriated or may appropriate funds. The costs shall not exceed the limitations that are or may be provided by the legislature.

      3.  The board shall:

      (a) Have final authority for approval as to architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.

      (b) Solicit bids for and let all contracts for new construction or major repairs.

      (c) Have authority to negotiate with the lowest responsible bidder on any contract to obtain a revised bid if:

             (1) The bid is less than the appropriation made by the legislature for that building project; and

             (2) The bid does not exceed the relevant budget item for that building project as established by the board by more than 10 percent.

      (d) Have authority to reject any or all bids.

      (e) After the contract is let, have supervision and inspection of construction or major repairs. The cost of supervision and inspection shall be [a charge against the appropriation or appropriations made by the legislature for the building or buildings.] financed from the capital construction program approved by the legislature.

      (f) Have authority to authorize change orders, prior to or during construction, not to exceed in the aggregate 10 percent of the total awarded contract price.

      (g) Have final authority to accept each building as completed or to require necessary alterations to conform to the contract, and to file the notice of completion.

      (h) Establish such capital projects construction funds as are necessary to account for the capital construction program approved by the legislature. These funds shall be used to account for all revenues, appropriations and expenditures restricted to constructing buildings and other projects which come under the supervision of the public works board.

 

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ê1977 Statutes of Nevada, Page 9ê

 

CHAPTER 9, AB 106

Assembly Bill No. 106–Committee on Education

CHAPTER 9

AN ACT relating to special education programs; permitting a school district to contract with any person, state agency or legal entity to operate special education programs for its handicapped pupils; and providing other matters properly relating thereto.

 

[Approved February 24, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 387.122 is hereby amended to read as follows:

      387.122  For making the apportionments of the state distributive school fund authorized and directed to be made under the provisions of Title 34 of NRS, the basic support guarantee for the school year commencing July 1, 1975, and ending June 30, 1976, and for the school year commencing July 1, 1976, and ending June 30, 1977, is established for each of the several school districts in the state as follows:

      1.  Basic support guarantee per pupil:

                                                                                                          1975-76       1976-77

Carson City School District....................................................          $869           $907

Churchill County School District..........................................            850             891

Clark County School District.................................................            857             896

Douglas County School District............................................            849             889

Elko County School District..................................................            903             946

Esmeralda County School District.......................................         1,678          1,770

Eureka County School District..............................................         1,405          1,479

Humboldt County School District........................................            940             984

Lander County School District..............................................            912             955

Lincoln County School District.............................................         1,293          1,350

Lyon County School District.................................................            884             926

Mineral County School District.............................................            862             903

Nye County School District...................................................         1,121          1,174

Pershing County School District............................................            889             932

Storey County School District...............................................         1,361          1,426

Washoe County School District............................................            836             874

White Pine County School District.......................................            916             958

 

      2.  Basic support guarantee per special education program unit is $16,000 for each special education program unit maintained and operated during at least 9 months of a school year, contingent upon the following limitations:

      (a) As used in this subsection, “special education program unit” means an organized instructional unit which includes full-time services of [a certificated employee] certificated personnel providing a program of instruction in accordance with [provisions of NRS 388.520.] minimum standards prescribed by the state board of education.

      (b) Support guarantee for any special education program unit maintained and operated during a period of less than 9 school months shall be in the same proportion to $16,000 as the period during which such program unit actually was maintained and operated is to 9 school months.


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ê1977 Statutes of Nevada, Page 10 (Chapter 9, AB 106)ê

 

program unit actually was maintained and operated is to 9 school months.

      (c) The maximum amount of basic support for special education program units within each of the several school districts in the state before any reallocation, is as follows:

                                                                                                      1975-76           1976-77

Carson City School District..............................................    $320,000       $336,000

Churchill County School District....................................      160,000         176,000

Clark County School District...........................................   4,624,000      5,040,000

Douglas County School District......................................      144,000         160,000

Elko County School District............................................      240,000         272,000

Esmeralda County School District.................................        16,000           16,000

Eureka County School District........................................        32,000           32,000

Humboldt County School District..................................      112,000         128,000

Lander County School District........................................        48,000           64,000

Lincoln County School District.......................................        64,000           80,000

Lyon County School District...........................................      160,000         160,000

Mineral County School District.......................................        96,000           96,000

Nye County School District.............................................      112,000         112,000

Pershing County School District......................................        48,000           48,000

Storey County School District.........................................        16,000           16,000

Washoe County School District......................................   1,760,000      1,920,000

White Pine County School District.................................      144,000         144,000

 

A school district may, after receiving the approval of the state department of education, contract with any person, state agency or legal entity to provide a special education program unit for handicapped pupils of the district. Any unused special education program unit allocations within this paragraph may be reallocated to other county school districts by the state department of education. In such reallocation, first priority shall be given to special education programs with statewide implications, and second priority shall be given to special education programs maintained and operated by school districts whose allocation is $48,000 or less. If there are more unused allocations than necessary to cover first priorities and second priorities, but not enough to cover all remaining special education programs eligible for payment from reallocations, then payment for such remaining programs shall be prorated. If there are more unused allocations than necessary to cover first priorities, but not enough to cover all programs of second priority, then payment for programs of second priority shall be prorated. If unused allocations are not enough to cover all programs of first priority, then payment for programs of first priority shall be prorated.

 

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ê1977 Statutes of Nevada, Page 11ê

 

CHAPTER 10, AB 86

Assembly Bill No. 86–Committee on Health and Welfare

CHAPTER 10

AN ACT relating to child care services; abolishing the advisory committee on day care created within the welfare division of the department of human resources; transferring the committee’s principal function to the child care policy board within the child care services division of the department; and providing other matters properly relating thereto.

 

[Approved February 24, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 432A.140 is hereby amended to read as follows:

      432A.140  1.  The child care policy board shall establish policy for coordination among all interested public, private and commercial agencies or entities to foster cooperation among such agencies or entities in the interest of:

      (a) Improving the quality of child care services offered by each of the participating agencies and entities.

      (b) Assuring continuity in the community child care program for each family.

      (c) Reaching the maximum number of families possible with top priority given to low-income families within available resources.

      (d) Increasing opportunities for developing staff competence and career development within and between cooperating agencies and entities.

      (e) Developing the most efficient, effective and economical methods for delivering services to children and families.

      (f) Insuring an effective voice in policy and program direction for parents of children receiving child care.

      (f) Mobilizing the resources of the community in such a manner as to assure maximum public, private and individual commitment to provide expanded child care.

      2.  Such policy shall be primarily concerned with the coordination of day care and preschool programs [, and shall also be concerned] and with:

      (a) Availability of other needed services for children in preschool or day care programs;

      (b) Availability of needed services for children of school age; and

      (c) Coordination of community services with preschool or day care programs.

      3.  The board shall make recommendations to and advise the welfare division of the department concerning general policies for providing child day care.

      Sec. 2.  NRS 422.142 to 422.148, inclusive, are hereby repealed.

 

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ê1977 Statutes of Nevada, Page 12ê

 

CHAPTER 11, AB 22

Assembly Bill No. 22–Assemblymen Sena, Banner, Howard, Craddock, Price, May, Hickey, Hayes and Polish

CHAPTER 11

AN ACT relating to drivers’ licenses; designating certain documents for use in proving age by an applicant for such a license; and providing other matters properly relating thereto.

 

[Approved February 24, 1977]

 

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 driver’s license shall be made upon a form furnished by the department and shall 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 by the required fee.

      3.  Every application shall state the full name, date of birth, sex, and residence address of the applicant and briefly describe the applicant; and shall 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 such other information as the department may require to determine the applicant’s competency and eligibility.

      4.  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 driver’s license issued by another state or the District of Columbia; or

      (b) [A Certificate of Citizenship, a Certificate of Naturalization, an Arrival-Departure Record or an Alien Registration Receipt Card issued by the Immigration and Naturalization Service of the United States Department of Justice if the applicant was born outside the United States.] 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, or a passport.

      Sec. 2.  This act shall become effective upon passage and approval.

 

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ê1977 Statutes of Nevada, Page 13ê

 

CHAPTER 12, AB 134

Assembly Bill No. 134–Committee on Ways and Means

CHAPTER 12

AN ACT making an additional and supplemental appropriation to the state department of education for care of the visually and aurally handicapped; and providing other matters properly relating thereto.

 

[Approved February 24, 1977]

 

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 department of education the sum of $20,108 for the care of visually and aurally handicapped persons as an additional and supplemental appropriation to that allowed and made by section 23 of chapter 679, Statutes of Nevada 1975.

      Sec. 2.  After June 30, 1977, the unencumbered balance of the appropriation made in section 1 shall not be encumbered and shall revert to the state general fund.

      Sec. 3.  This act shall become effective upon passage and approval.

 

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CHAPTER 13, SB 30

Senate Bill No. 30–Committee on Government Affairs

CHAPTER 13

AN ACT relating to water pollution; specifying certain powers, duties and procedures which apply if state securities are issued under the County Sewage and Waste Water Law; changing the permissible amount of such securities; and providing other matters properly relating thereto.

 

[Approved February 24, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 16, inclusive, of this act.

      Sec. 2.  The state, acting through the board, may also for the purpose of acquiring facilities:

      1.  Borrow money and issue state securities evidencing any loan to or amount due by the state, provide for and secure the payment of any state securities and the rights of the holders thereof, and purchase, hold and dispose of state securities.

      2.  Fund or refund any loan or obligation of the state and issue funding or refunding securities to evidence such loan or obligation, as hereinafter provided.

      3.  Levy and cause to be collected taxes on and against all taxable property within the state as hereinafter provided, subject to the limitations provided in the Nevada constitution.

      4.  Fix, from time to time, increase or decrease, collect and cause to be collected rates, fees and other service charges pertaining to the facilities of the state, pledge such revenues for the payment of state securities, and enforce the collection of such revenues by civil action or by any other means provided by law.


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ê1977 Statutes of Nevada, Page 14 (Chapter 13, SB 30)ê

 

and enforce the collection of such revenues by civil action or by any other means provided by law.

      5.  Purchase, acquire by gift or otherwise acquire properties, including without limitation existing sewage or waste water systems or parts thereof or interests therein, of the Federal Government, the county, any public body in the county or any person as a project of the state or so acquire an interest therein. The state may acquire such properties subject to any mortgage, deed of trust or other lien on the acquired properties to secure the payment of any obligations pertaining thereto.

      6.  Accept contributions or loans from the Federal Government for the purpose of financing the planning, acquisition, improvement, equipment, maintenance and operation of any enterprise in which the state is authorized to engage, and enter into contracts, cooperate with and accept cooperation from, the Federal Government in the planning, acquisition, improvement, equipment, maintenance and operation, and in financing the planning, acquisition, improvement, equipment, maintenance and operation of any such enterprise, including without limitation costs of engineering, architectural, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action preliminary to the acquisition, improvement or equipment of any project, and do any and all things necessary in order to avail itself of such aid, assistance and cooperation.

      Sec. 3.  The state, acting through the board, may in relation to the facilities of the state:

      1.  Acquire office space, equipment, services, supplies, fire and extended coverage insurance, use and occupancy insurance, workmen’s compensation insurance, property damage insurance, public liability insurance for the state, the county and their respective officers, agents and employees, and other types of insurance, as the board may determine, but no provision herein authorizing the acquisition of insurance waives any immunity of the state, the county or any director, officer or agent otherwise existing under laws of the state.

      2.  Pay or otherwise defray the cost of any project.

      3.  Establish, operate and maintain facilities within the county across or along any public street, highway, bridge, viaduct or other public right-of-way, or in, upon, under or over any vacant public lands, which public lands now are or may become the property of the state, the county, or a public body, without first obtaining a franchise from the county or the public body having jurisdiction over the same, but the state shall cooperate with the county and any public body having such jurisdiction, shall promptly restore any such street, highway, bridge, viaduct or other public right-of-way to its former state of usefulness as nearly as may be, and shall not use the same in such manner as permanently to impair completely or unnecessarily the usefulness thereof.

      4.  Adopt, amend, repeal, enforce and otherwise administer such reasonable rules, regulations and orders as the board determines necessary or convenient for the operation, maintenance, management, government and use of the state’s facilities and any other like facilities under its control.

      5.  Adopt, amend, repeal, enforce and otherwise administer under the police power within the territorial limits of the county such reasonable rules, regulations and orders in relation to the collection, disposal or treatment of sewage and waste water after a public hearing thereon is held by the board, in connection with which any public body in the area involved or otherwise exercising powers affecting the functions and services therein of the state and persons of interest have an opportunity to be heard, after mailed notice of the hearing is given by the clerk of the board to each such public body after notice of such hearing is given by publication by the clerk to persons of interest, both known and unknown.


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ê1977 Statutes of Nevada, Page 15 (Chapter 13, SB 30)ê

 

rules, regulations and orders in relation to the collection, disposal or treatment of sewage and waste water after a public hearing thereon is held by the board, in connection with which any public body in the area involved or otherwise exercising powers affecting the functions and services therein of the state and persons of interest have an opportunity to be heard, after mailed notice of the hearing is given by the clerk of the board to each such public body after notice of such hearing is given by publication by the clerk to persons of interest, both known and unknown.

      6.  Sell and otherwise dispose of any byproducts resulting from the operation of the facilities.

      Sec. 4.  The state, acting through the governor, may, in relation to state facilities, contract with the county for it to hire and retain officers, agents, employees, engineers and any other persons, as county personnel permanent or temporary, whose employment is necessary or desirable to effect the purposes hereof, and to defray any expenses incurred thereby in connection with state facilities as operation and maintenance expenses thereof.

      Sec. 5.  The state, acting through the governor, may also in relation to state facilities:

      1.  Enter into and perform joint operating or service contracts and agreements, acquisition, improvement, equipment or disposal contracts or other arrangements, for any term not exceeding 50 years, with the Federal Government, the county or any public body concerning the facilities, and any project or property pertaining thereto, whether acquired by the state, by the Federal Government, by the county or by any public body, and may accept grants and contributions from the Federal Government, the county, any public body or any person.

      2.  Enter into and perform contracts and agreements, for any term not exceeding 50 years, with the Federal Government, the county, any public body or any person for the provision and operation by the state of any property pertaining to such facilities of the state or any project relating thereto and the payment periodically by the other contracting party to the state of amounts at least sufficient, in the determination of the governor, to compensate the state for the cost, if any, of providing, operating and maintaining such facilities serving the Federal Government, the county, such public body or such person, or otherwise, but no such service contract may be entered into with any such party who at such time is being lawfully served by another public body without the prior consent of such presently serving public body.

      3.  Enter into and perform contracts and agreements with the Federal Government, the county, any public body or any person for or concerning the planning, construction, lease or other acquisition, improvement, equipment, operation, maintenance, disposal and financing of any property pertaining to the facilities of the state or to any project of the state, including but not necessarily limited to any contract or agreement for any term not exceeding 50 years.

      4.  Cooperate with and act in conjunction with the Federal Government or any of its engineers, officers, boards, commissions or departments, or with the county or any of its engineers, officers, boards, commissions or departments, or with any public body or any person in the acquisition, improvement or equipment of any facilities or any project authorized for the state or for any other works, acts or purposes provided for herein, and adopt and carry out any definite plan, system or work for any such purpose.


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ê1977 Statutes of Nevada, Page 16 (Chapter 13, SB 30)ê

 

improvement or equipment of any facilities or any project authorized for the state or for any other works, acts or purposes provided for herein, and adopt and carry out any definite plan, system or work for any such purpose.

      5.  Cooperate with the Federal Government, the county or any public body by an agreement therewith by which the state may:

      (a) Acquire and provide, without cost to the cooperating entity, the land, easements and rights-of-way necessary for the acquisition, improvement or equipment of any project.

      (b) Hold and save the cooperating entity harmless from any claim for damages arising from the acquisition, improvement, equipment, maintenance and operation of any facilities.

      (c) Maintain and operate any facilities in accordance with regulations prescribed by the cooperating entity.

      6.  Provide, by any contract for any term not exceeding 50 years, or otherwise:

      (a) For the joint use of personnel, equipment and facilities of the state, the Federal Government, the county or any public body, including without limitation public buildings constructed by or under the supervision of the board or the governing body of the other party or parties to the contract concerned, upon such terms and agreements and within such areas within the county as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the state, the Federal Government, the county, any such public body and any persons of interest.

      (b) For the joint employment of clerks, stenographers and other employees pertaining to the facilities or any project, now existing or hereafter established in the county, upon such terms and conditions as may be determined for the equitable apportionment of the resulting expenses.

      Sec. 6.  The board, in connection with powers which it exercises hereunder and pertaining to any state facilities or state securities, or both, shall exercise such powers in the same manner as if such facilities or securities, or both, were county facilities or county securities, or both, by the adoption of ordinances, resolutions, or otherwise, as provided in chapter 244 of NRS and other laws relating to counties, including without limitation NRS 350.579.

      Sec. 7.  The board may invest or cause to be invested all money, whether federal, state, county or other, which may come into its possession under NRS 244.922 to 244.9263, inclusive, and sections 2 to 16, inclusive, of this act in the manner provided by law for the investment of county funds, but any interest which may be earned on money provided by the state or by the Federal Government shall be added to and applied to the same purpose as the principal.

      Sec. 8.  1.  Until paid all service charges of the county or the state, as the case may be, charged to any person owning or occupying real property in the county constitute a perpetual lien against the property served, superior to all liens, claims and titles other than liens for general taxes and special assessments. This lien is not extinguished by the sale of any property on account of nonpayment of any other lien, claim or title, including liens for general taxes and special assessments.


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ê1977 Statutes of Nevada, Page 17 (Chapter 13, SB 30)ê

 

      2.  A lien for unpaid service charges may be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics’ liens. Before any such lien is foreclosed the board shall hold a hearing thereon after notice thereof by publication and by registered or certified first class mail, postage prepaid, addressed to the last known owner at his last known address according to the records of the county in which the property is located.

      Sec. 9.  The board may provide for a basic penalty for nonpayment of service charges within the time and in the manner prescribed by it. The basic penalty shall not be more than 10 percent of each month’s charges for the first month delinquent. In addition to the basic penalty it may provide for a penalty of not more than 1.5 percent per month for nonpayment of the charges and basic penalty. On the 1st day of the calendar month following the date of payment specified in the bill the charge becomes delinquent if the bill or that portion thereof which is not in bona fide dispute remains unpaid. The board may provide for collection of the penalties provided for in this section.

      Sec. 10.  The county, or the state acting through the board, may collect delinquent service charges and penalties due from the Federal Government, the state, the county, any public body or any person owning or occupying real property, by an action in any court of competent jurisdiction.

      Sec. 11.  The county, or the state acting through the board, may enter into a written contract with any public body or person providing for the billing and collection by such public body or person of any of the service charges levied by the board. If all or any part of any bill rendered by any such public body or person pursuant to any such contract is not paid, and if that public body or person renders any public utility service to the public body or person billed, that public body or person may discontinue its utility service until the bill is paid. The contract between the board and such public body or person may provide for such discontinuance.

      Sec. 12.  1.  The board may elect to have service charges for county or state facilities for the forthcoming fiscal year collected on the tax roll in the same manner, by the same persons and at the same time as, and together with, the county’s general taxes. If it so elects, it shall cause a written report to be prepared and filed with the county clerk, which shall contain a description of each parcel of real property receiving such services and the amount of the charge for each parcel for such year, computed in conformity with the charges prescribed by the board.

      2.  This power to elect is alternative to all other powers of the board and this procedure is alternative to other procedures adopted by the board for the collection of such charges.

      3.  The real property may be described by reference to maps prepared by and on file in the office of the county assessor or by him.

      4.  The board may limit its election to delinquent charges and may do so by preparing and filing the written report, giving notice and holding its hearing only as to such delinquencies.

      Sec. 13.  1.  Before the board may have service charges collected on the tax roll, the board shall cause a notice in writing of the filing of the report proposing to have such charges for the forthcoming fiscal year collected on the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any parcel or parcels of real property described in the report is assessed in the last equalized assessment roll available on the date the report is prepared, at the address shown on the assessment roll or as known to the assessor.


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ê1977 Statutes of Nevada, Page 18 (Chapter 13, SB 30)ê

 

report proposing to have such charges for the forthcoming fiscal year collected on the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any parcel or parcels of real property described in the report is assessed in the last equalized assessment roll available on the date the report is prepared, at the address shown on the assessment roll or as known to the assessor. If the board adopts the report, the requirements for notice in writing to the persons to whom parcels of real property are assessed does not apply to hearings on reports prepared in subsequent fiscal years but notice by publication as provided in this section is adequate.

      2.  The board shall cause notice of the filing of each report and of the time and place of hearing thereon to be published at least 10 but not more than 30 days prior to the date set for hearing in a newspaper of general circulation within the county.

      Sec. 14.  1.  At the time stated in the notice, the board shall hear and consider all objections or protests, if any, to the report referred to in the notice and may continue the hearing from time to time. If the board finds that protest is made by the owners of a majority of separate parcels of property described in the report, then the report shall not be adopted and the charges shall be collected separately from the tax roll.

      2.  Upon the conclusion of the hearing, the board may adopt, revise, change, reduce or modify any charge or overrule any or all objections and shall make its determination upon each charge as described in the report. This determination is final.

      3.  After the hearing, when the board has made a final decision on a service charge or fee to be collected on the county tax rolls, the board shall cause to be prepared and filed a final report, which shall contain a description of each parcel receiving the services and the amount of the charge, with the county assessor for inclusion on the assessment roll. If a report is filed after the closing of the assessment roll but before the extension of the tax roll, the auditor shall insert the charges in such extension.

      Sec. 15.  1.  The amount of service charges to be collected on the tax roll constitutes a lien against the lot or parcel of land against which the charges have been imposed as of the time when the lien of taxes on the roll attach.

      2.  The county treasurer shall include the amount of the charges on bills for taxes levied against the respective lots and parcels of land. Thereafter, the amount of the charges shall be collected at the same time, in the same manner and by the same persons as, and together with, the general taxes for the county. The charges become delinquent at the same time as such taxes and are subject to the same delinquency penalties.

      3.  All laws applicable to the levy, collection and enforcement of general taxes of the county, including but not limited to those pertaining to the matters of delinquency, correction, cancellation, refund, redemption and sale, apply to such charges.

      4.  The county treasurer may issue separate bills for such charges and separate receipts for collection on account of such charges.

      Sec. 16.  1.  Before the state acting through the board, or the county, constructs, otherwise acquires, improves or equips any work or other real property for the facilities of the state or the county except repairs, major renewals and major replacements, the state or the county shall submit plans, specifications or other instruments or other documents pertaining thereto for the approval of such acquisitions, improvements or equipment to the bureau of environmental health of the health division of the department of human resources.


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ê1977 Statutes of Nevada, Page 19 (Chapter 13, SB 30)ê

 

renewals and major replacements, the state or the county shall submit plans, specifications or other instruments or other documents pertaining thereto for the approval of such acquisitions, improvements or equipment to the bureau of environmental health of the health division of the department of human resources.

      2.  The division may require the state or the county to submit additional information pertaining to any such request for such approval and may require modifications to such instruments or documents as a condition of its approval.

      3.  Upon the receipt of the division’s approval in writing of such works or other property, the state or the county may construct, otherwise acquire, improve or equip such works or property in conformance with such approval.

      Sec. 17.  NRS 244.9222 is hereby amended to read as follows:

      244.9222  It is hereby declared as a matter of legislative determination that:

      1.  It is essential to the maintenance of the public health, welfare and orderly local government that each county to which NRS 244.922 to 244.9263, inclusive, and sections 2 to 16, inclusive, of this act pertain be empowered to become the master agency within its territory for the collection, disposal and treatment of sewage and waste water. In addition, it is essential that the master agency be empowered to perform and require compliance with any and all areawide waste management planning which may be required by the state or Federal Government in connection with the exercise or implementation of any of the powers, [authorization] authorizations and responsibilities provided in NRS 244.922 to 244.9263, inclusive [.] , and sections 2 to 16, inclusive, of this act.

      2.  Granting to such counties the purposes, [power,] powers, rights, privileges and immunities provided in NRS 244.922 to 244.9263, inclusive, and sections 2 to 16, inclusive, of this act will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the state.

      3.  The acquisition, improvement, equipment, maintenance and operation of any project herein authorized is in the public interest, is conducive to the public health, and constitutes a part of the established and permanent policy of the state.

      4.  The necessity for the County Sewage and Waste Water Law is a result of:

      (a) The [large population growth and] intense development of residential, commercial, industrial and other human activities in both incorporated and unincorporated areas [;] within such counties;

      (b) The ensuing need for extensive, coordinated control, collection, disposal and treatment of all sources of pollution, including but not limited to sewage, wastewater and in place or accumulated pollution sources; and

      (c) The ensuing need for areawide waste management planning for such control, collection, disposal and treatment.

      5.  The legislature recognizes the duty of such counties as instruments of state government to meet adequately the needs for such facilities within their boundaries, in cooperation with the state, municipalities and districts within the county and in satisfaction of federal and state requirements and standards relating to pollution.


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ê1977 Statutes of Nevada, Page 20 (Chapter 13, SB 30)ê

 

within the county and in satisfaction of federal and state requirements and standards relating to pollution.

      6.  [The legislature approves the final written report of the Las Vegas Valley water district made pursuant to chapter 616, Statutes of Nevada 1971, and filed with the governor and the legislative commission on December 1, 1972, under the title, “Report to the Governor and the Legislative Commission, Pollution Abatement Project, Las Vegas Wash and Bay.”

      7.  The legislature finds that the course of action recommended in the report referred to in subsection 6 is a measure necessary for the protection and preservation of a natural resource of the state within the meaning of the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.

      8.]  The legislature recognizes that there may be alternative solutions to the pollution abatement problem in [the Las Vegas Wash-Lake Mead area.] such counties. It is the intention of the legislature that those charged with the responsibility of correcting the problem be able to avail themselves of all assistance that may develop through advances in technology and changing circumstances and regulations, federal or state, that have an impact on the problem. In constructing the powers, authorities and responsibilities conveyed by the legislature in NRS 244.922 to 244.9263, inclusive, and sections 2 to 16, inclusive, of this act the economic burden on the citizens of this state and the ultimate feasibility of the projects undertaken shall be carefully weighed in the light of the state of the art and the regulations governing the master agency at the time undertaken. Among the factors which will determine the ultimate resolution of the problem, the protection and the fullest beneficial use of the resource represented by the water shall be given top priority. The legislature finds that the [alternative] courses of action that may be developed to find satisfactory solutions are necessary for the preservation of this valuable natural resource of the state and are within the meaning of the second paragraph of section 3 of article 9 of the constitution of the State of Nevada.

      [9.]7.  For the accomplishment of these purposes the provisions of NRS 244.922 to 244.9263, inclusive, and sections 2 to 16, inclusive, of this act shall be broadly construed.

      [10.]8.  The notices herein provided are reasonably calculated to inform each interested person of his legally protected rights.

      [11.]9.  The rights and privileges herein granted comply in all respects with any requirement imposed by any constitutional provisions.

      Sec. 18.  NRS 244.9223 is hereby amended to read as follows:

      244.9223  1.  Except as otherwise provided in NRS 244.922 to 244.9263, inclusive, and sections 2 to 16, inclusive, of this act, the definitions provided in the Local Government Securities Law apply to [NRS 244.922 to 244.9263, inclusive.] county securities issued hereunder and the definitions provided in the State Securities Law apply to state securities issued hereunder.

      2.  The definitions provided in NRS 244.9224 to 244.9236, inclusive, apply specifically to NRS 244.922 to 244.9263, inclusive [.] , and sections 2 to 16, inclusive, of this act.


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ê1977 Statutes of Nevada, Page 21 (Chapter 13, SB 30)ê

 

      Sec. 19.  NRS 244.9228 is hereby amended to read as follows:

      244.9228  “County securities” means the securities authorized to be issued by the county pursuant to NRS 244.922 to 244.9263, inclusive [.] , and sections 2 to 16, inclusive, of this act.

      Sec. 20.  NRS 244.923 is hereby amended to read as follows:

      244.923  [1.]  “Facilities” means the facilities of the state, county or other designated public body used or suitable for use for the control, collection, disposal and treatment of all sources of pollution, whether or not they are point sources, including but not limited to sewage, waste water and in place or accumulated pollution sources and consisting of all properties, real, personal, mixed or otherwise, acquired by the state, the county or the public body, as the case may be, by one or more projects through purchase, condemnation (subject to the provisions of NRS 244.9245), construction or otherwise, and used in connection with such purposes and related services or in any way pertaining thereto and situated within the county, whether within or without or both within and without the territorial limits of the public body.

      [2.  “Facilities” also includes:

      (a) Those facilities for elimination of water pollution problems substantially of the type and scope described in the “Report to the Governor and the Legislative Commission, Pollution Abatement Project, Las Vegas Wash and Bay,” dated December 1, 1972, including without limitation all trunk sewers, conduits, pumps, pumping plants, storage facilities, treatment plants, water reclamation plants, outfalls, disposal facilities, electric substations, and related works to be constructed, installed and acquired for the purpose of collecting, transporting, treating, reclaiming and disposing of sewage effluents, waste water, industrial waste and other liquid pollutants.

      (b) Those facilities for the elimination of water pollution problems of the type and scope necessary to implement any alternative plan to that mentioned in paragraph (a).]

      Sec. 21.  NRS 244.9231 is hereby amended to read as follows:

      244.9231  1.  “Hereby,” “herein,” “hereinabove,” “hereinafter,” “hereof,” “hereunder,” “herewith,” or any term of similar import, refers to NRS 244.922 to 244.9263, inclusive, and sections 2 to 16, inclusive, of this act, and not solely to the particular portion thereof in which such word is used.

      2.  “Heretofore” means before the [adoption of this] effective date of this amendatory act.

      3.  “Hereafter” means after the [adoption of this] effective date of this amendatory act.

      Sec. 22.  NRS 244.9233 is hereby amended to read as follows:

      244.9233  1.  “Project” means an undertaking pertaining to such part of the facilities of the county or designated public body as the board or governing body determines to acquire, improve or equip (or any combination thereof) and authorized at one time.

      2.  “Project” also includes the construction, installation and acquisition of the facilities by the state, acting through the [district.] board.

      Sec. 23.  NRS 244.9235 is hereby amended to read as follows:

      244.9235  “Service charges” means the fees, rates and other charges for the use of the facilities of the state, county or other designated public body, as the case may be, or for any service rendered by the state, county or public body in the operation thereof, or otherwise.


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ê1977 Statutes of Nevada, Page 22 (Chapter 13, SB 30)ê

 

for the use of the facilities of the state, county or other designated public body, as the case may be, or for any service rendered by the state, county or public body in the operation thereof, or otherwise. [, including without limitation any minimum fees, standby charges and charges for availability of service.]

      Sec. 24.  NRS 244.9236 is hereby amended to read as follows:

      244.9236  [“System” means the facilities of the county.] “State securities” means the securities authorized to be issued by the state pursuant to NRS 244.922 to 244.9263, inclusive, and sections 2 to 16, inclusive, of this act.

      Sec. 25.  NRS 244.9237 is hereby amended to read as follows:

      244.9237  If any officer of this state or of the Federal Government who is empowered by law to determine the existence of violations of water quality standards which have the force of state or federal law or violations of conditions of a pollution discharge permit required by state or federal law notifies the county or any public body within the county that such a standard or condition is being violated, [by reason of inadequate or improper treatment of sewage or waste water by the county or public body,] or has so notified the county or public body prior to [July 1, 1973,] the effective date of this amendatory act, and the violation continues after [July 1, 1973,] the effective date of this amendatory act, the county shall eliminate such violation by the construction, other acquisition, improvement, equipment, operation, maintenance or repair of such facilities therefor as the board deems necessary or advisable, unless such public body, subject to the approval of the board, [so] eliminates such violation. If the violation occurs in facilities owned by another public body, the county is entitled to recover from that public body the costs of eliminating the violation plus interest from the date on which each element of those costs was respectively paid.

      Sec. 26.  NRS 244.9238 is hereby amended to read as follows:

      244.9238  1.  [Within 30 days of July 1, 1973,] In each county there shall be appointed a technical advisory committee to be designated as the county sewage and waste water advisory committee.

      2.  The advisory committee shall consist of two members appointed by the board, three members appointed by the governing body of [each] the most populous city in the county, [having a population of 65,000 or more,] two members appointed by the governing body of [each] the second most populous city in the county, [having a population of 30,000 or more but less than 65,000,] one member appointed by the governing body of each other city in the county, [having a population of 5,000 or more but less than 30,000,] and one member appointed by the governing body of each water district, sanitation district or water and sanitation district in the county having within its boundaries a population of [15,000] 5,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      3.  Each such appointee shall be an employee of the municipality or district whose governing body is required to make such appointment and shall at the time of such employment be actively engaged in the operation or management of sewer or water facilities within such municipality [,] or district, except the county prior to its operation of facilities.


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ê1977 Statutes of Nevada, Page 23 (Chapter 13, SB 30)ê

 

operation or management of sewer or water facilities within such municipality [,] or district, except the county prior to its operation of facilities.

      4.  Each such appointee shall serve without additional compensation or fidelity bond for his duties as a member of the advisory committee and shall remain a member until death or resignation or his termination as a member, with or without cause, by the governing body of the appointing municipality or district and its appointment of his successor. The governing body of an appointing municipality or district shall in any case terminate the membership on the advisory committee of any of its appointed members within a reasonable time after such member ceases to be employed by the municipality or district in sewer or water work and shall appoint a successor with such qualifications.

      5.  The committee shall elect such officers from within its membership, fix such time and place of meetings, adopt such rules of procedure and keep such records all as in its sole discretion it shall determine to be consistent with the purposes of NRS 244.922 to 244.9263, inclusive [.] , and sections 2 to 16, inclusive, of this act.

      6.  No member of the advisory committee [shall] may be interested in any contract or transaction with the county under consideration by the advisory committee except in his official representative capacity or in his capacity as a public officer or employee.

      7.  The advisory committee shall proceed immediately upon appointment and at all times thereafter diligently to inform itself as to all laws, matters and things which may be of significance in maintaining the quality of collection, disposal and treatment of sewage and waste water in the county and the consequent purity of water within the county. The advisory committee shall also advise the board of conditions which in the judgment of the advisory committee require action by the board, and make recommendations in regard thereto.

      8.  It is the intent of NRS 244.922 to 244.9263, inclusive, and sections 2 to 16, inclusive, of this act that the existence and activities of the advisory committee shall in no way diminish the responsibility of the board or the officers of the county in fulfilling the legislative declaration expressed in NRS 244.9222 and in performing its duties as the master agency of the county in such matters.

      Sec. 27.  NRS 244.9239 is hereby amended to read as follows:

      244.9239  1.  The county, the state, or both, acting through the board, may construct, otherwise acquire, improve, equip, relocate, repair, maintain and operate the facilities or any part thereof for the benefit of the state, the county and [its] their inhabitants, after the board has made such preliminary studies and otherwise taken such action as it determines to be necessary or desirable as preliminaries thereto.

      2.  When a comprehensive program satisfactory to the board for the acquisition of facilities for the county [satisfactory to the board] , the state, or both, is available, such program shall be tentatively adopted. The program need only describe the proposed facilities in general terms and not in detail.

      3.  A public hearing on the proposed program shall be scheduled, and notice of the hearing shall be given by publication. After the hearing and any adjournments thereof which may be ordered, the board may [either] require changes to be made in the program as the board [shall consider] considers desirable, or the board may approve the program as prepared.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 24 (Chapter 13, SB 30)ê

 

and any adjournments thereof which may be ordered, the board may [either] require changes to be made in the program as the board [shall consider] considers desirable, or the board may approve the program as prepared.

      4.  If any substantial changes to the comprehensive program are ordered at any time, in the original acquisition of the facilities or in any improvement thereto, or otherwise, a further hearing shall be held pursuant to notice which shall be given by publication.

      5.  Such a comprehensive program may consist of one project or of more than one project. A public hearing need not be held on each such project if it implements such a comprehensive program on which a public hearing has been held.

      Sec. 28.  NRS 244.924 is hereby amended to read as follows:

      244.924  1.  The county, the state, or both, shall not acquire as a part of [its] the facilities any properties which at the time of their acquisition compete in any area with then-existing facilities of a public body providing the same or a similar function or service therein without the consent of such public body, but the facilities of the county, the state, or both, without such consent, may complement such existing facilities of a public body by providing in such an area supplemental functions or services if such existing facilities provide inadequate functions or services.

      2.  The state or the county may acquire properties of any public body situate in the county as a project of the state or the county or an interest therein.

      Sec. 29.  NRS 244.9241 is hereby amended to read as follows:

      244.9241  1.  Before the [county constructs, otherwise acquires, improves or equips] state acting through the board, or the county, prepares or causes to be prepared plans, specifications or other documents for the construction, other acquisition, improvement or equipment of any work or other real property for the facilities of the state or the county except repairs, major renewals and major replacements, the state or the county shall submit preliminary plans [, specifications or other instruments or other documents pertaining thereto for the approval of such acquisitions, improvements and equipment] to:

      (a) The bureau of environmental health of the health division of the department of human resources;

      (b) The county board of health; and

      (c) The county regional planning body [.] ,

for approval of the type, scope and location of the proposed work or other real property for the facilities.

      2.  Each such agency may require the state or the county to submit additional information to the agency pertaining to any such request for such approval and may require [reasonable] modifications to such [instruments or documents] plans as a condition of the agency’s approval.

      3.  Upon the receipt of each agency’s approval in writing of such [works or other property,] plans, the state or the county may [so construct, otherwise acquire, improve or equip] prepare or cause to be prepared plans, specifications or other instruments or documents for the construction, other acquisition, improvement or equipment of such works or property in conformance with such approval.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 25 (Chapter 13, SB 30)ê

 

      4.  The county board of health shall not require any modification with which the health division of the department of human resources does not concur.

      Sec. 30.  NRS 244.9242 is hereby amended to read as follows:

      244.9242  1.  The county may also for the purpose of acquiring facilities:

      [1.](a) Borrow money and issue county securities, without an election, unless a petition signed by [5 percent of the qualified electors in the county] a number of registered voters equal to 10 percent or more of the voters who voted at the last preceding general county election requests an election, evidencing any loan to or amount due by the county, provide for and secure the payment of any county securities and the rights of the holders thereof, and purchase, hold and dispose of county securities. If an election is required, it [should] shall be conducted in accordance with the provisions set forth in NRS 350.010 to 370.070, inclusive.

      [2.](b) Fund or refund any loan or obligation of the county and issue funding or refunding securities to evidence such loan or obligation, as hereinafter provided, without an election.

      [3.](c) Levy and cause to be collected taxes on and against all taxable property within the county as hereinafter provided, subject to the limitations provided in the Nevada constitution.

      [4.](d) Fix, from time to time, increase or decrease, collect and cause to be collected rates, fees and other service charges pertaining to the facilities of the county, including without limitation minimum charges and charges for availability of the facilities or services relating thereto; pledge such revenues for the payment of county securities, and enforce the collection of such revenues by civil action or by any other means provided by law.

      [5.](e) Purchase, acquire by gift or otherwise acquire properties, including without limitation existing sewage or waste water systems or parts thereof or interest therein, of the Federal Government, the state, any public body or any person as a project of the county or so acquire an interest therein. The county may acquire such properties subject to any mortgage, deed of trust or other lien on the acquired properties to secure the payment of any obligations pertaining thereto.

      [6.](f) Accept contributions or loans from the Federal Government for the purpose of financing the planning, acquisition, improvement, equipment, maintenance and operation of any enterprise in which the county is authorized to engage, and enter into contracts, cooperate with and accept cooperation from, the Federal Government in the planning, acquisition, improvement, equipment, maintenance and operation, and in financing the planning, acquisition, improvement, equipment, maintenance and operation of any such enterprise, including without limitation costs of engineering, architectural, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other action preliminary to the acquisition, improvement or equipment of any project, and do any and all things necessary in order to avail itself of such aid, assistance and cooperation.

      2.  The county shall give published notice of its intent to borrow any money and issue any county securities by publication at least 30 days prior to the last day for filing the petition provided for in paragraph (a) of subsection 1, and shall provide in the notice where and when such petition may be filed.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 26 (Chapter 13, SB 30)ê

 

prior to the last day for filing the petition provided for in paragraph (a) of subsection 1, and shall provide in the notice where and when such petition may be filed.

      Sec. 31.  NRS 244.9244 is hereby amended to read as follows:

      244.9244  The county may also in relation to the county facilities:

      1.  Enter, without any election, into joint operating or service contracts and agreements, acquisition, improvement, equipment or disposal contracts or other arrangements, for any term not exceeding 50 years, with the Federal Government, the state of any public body concerning the facilities, and any project or property pertaining thereto, whether acquired by the county, by the Federal Government, by the state or by any public body, and may accept grants and contributions from the Federal Government, the state, any public body or any person.

      2.  Enter into and perform, without any election, when determined by the board to be in the public interest, contracts and agreements, for any term not exceeding 50 years, with the Federal Government, the state, any public body or any person for the provision and operation by the county of any property pertaining to such facilities of the county or any project relating thereto and the payment periodically thereby to the county of amounts at least sufficient, if any, in the determination of the board, to compensate the county for the cost of providing, operating and maintaining such facilities serving the Federal Government, the state, such public body or such person, or otherwise; but no such service contract shall be entered into with any such party who at such time is being lawfully served by another public body without the prior consent of such presently serving public body.

      3.  Enter into and perform, without any election, contracts and agreements with the Federal Government, the state, any public body or any person for or concerning the planning, construction, lease or other acquisition, improvement, equipment, operation, maintenance, disposal and the financing of any property pertaining to the facilities of the county or to any project of the county, including but not necessarily limited to any contract agreement for any term not exceeding 50 years.

      4.  Cooperate with and act in conjunction with the Federal Government or any of its engineers, officers, boards, commissions or departments, or with the state or any of its engineers, officers, boards, commissions or departments, or with any public body or any person in the acquisition, improvement or equipment of any facilities or any project authorized for the county or for any other works, acts or purposes provided for herein, and adopt and carry out any definite plan, system or work for any such purpose.

      5.  Cooperate with the Federal Government, the state or any public body by an agreement therewith by which the county may:

      (a) Acquire and provide, without cost to the cooperating entity, the land, easements and rights-of-way necessary for the acquisition, improvement or equipment of any project.

      (b) Hold and save the cooperating entity harmless from any claim for damages arising from the acquisition, improvement, equipment, maintenance and operation of any facilities.

      (c) Maintain and operate any facilities in accordance with regulations prescribed by the cooperating entity.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 27 (Chapter 13, SB 30)ê

 

      6.  Provide, by any contract for any term not exceeding 50 years, or otherwise, without an election:

      (a) For the joint use of personnel, equipment and facilities of the county, the Federal Government, the state or any public body, including without limitation public buildings constructed by or under the supervision of the board or the governing body of the other party or parties to the contract concerned, upon such terms and agreements and within such areas within the county as may be determined, for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of the county, the Federal Government, the state, any such public body and any persons of interest.

      (b) For the joint employment of clerks, stenographers and other employees pertaining to the facilities or any project, now existing or hereafter established in the county, upon such terms and conditions as may be determined for the equitable apportionment of the resulting expenses.

      [7.  In connection with any facilities of the county or any part thereof, acquired or proposed, or with any project, consult with the health division of the department of human resources, with the county board of health and with the county regional planning body and submit plans, specifications or other instruments or documents to each such governmental agency for its review, recommendations and other comments.]

      Sec. 32.  NRS 244.9245 is hereby amended to read as follows:

      244.9245  The county, or the state acting through the board, may also:

      1.  Enter upon any land, make surveys, borings, soundings and examinations, [for the purpose of the county,] and locate the necessary works of any project and any roadways and other rights-of-way pertaining to any project herein authorized [;] , and acquire all property necessary or convenient for the acquisition, improvement or equipment of such works, including works constructed and being constructed by private owners, and all necessary appurtenances.

      2.  Acquire property by agreement, condemnation by the exercise of the power of eminent domain or otherwise, and in case any street, road, highway, railroad, canal, ditch or other property subject or devoted to public use and located within the county, whether within or without or both within and without the territorial limits of any public body, [shall become] becomes subject to interference by reason of the construction or proposed construction of any works of the county [,] or the state, the right so to interfere with such property, whether it be publicly or privately owned; except:

      (a) If such right is acquired by condemnation proceedings and if the court finds that public necessity or convenience so require, the judgment may direct the county or the state, as the case may be, to relocate such street, road, highway, railroad, canal, ditch or other property in accordance with the plans prescribed by the court.

      (b) If, by such judgment or agreement, the county [shall be] or the state is required to relocate any such street, road, highway, railroad, canal, ditch or other property subject or devoted to public use, the board may acquire in the name of the county [,] or the state, by agreement or condemnation, all rights-of-way and other property necessary or proper for compliance with the agreement or judgment of condemnation, and thereafter make such conveyance of such relocated street, road, highway, railroad, canal, ditch or other property as may be proper to comply with the agreement or judgment.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 28 (Chapter 13, SB 30)ê

 

thereafter make such conveyance of such relocated street, road, highway, railroad, canal, ditch or other property as may be proper to comply with the agreement or judgment.

      (c) No property, except for easements and rights-of-way, [shall] may be acquired by condemnation if at the time of the proposed exercise of such power such property is utilized by a public body for the collection, disposal or treatment of sewage or waste water.

      3.  Carry on technical and other investigations of all kinds, make measurement, collect data, and make analyses, studies and inspections pertaining to the facilities and any project.

      4.  Make and keep records in connection with the facilities and any project or otherwise concerning the county [.] or the state.

      5.  Arbitrate any differences arising in connection with the facilities and any project or otherwise concerning the county [.] or the state.

      6.  Have the management, control and supervision of all business and affairs pertaining to the facilities and any project herein authorized, or otherwise concerning the county [,] or the state, and of the acquisition, improvement, equipment, operation, maintenance and disposal of any property pertaining to the facilities or any such project.

      7.  Enter into contracts of indemnity and guaranty [, in such forms as may be approved by the board,] relating to or connected with the performance of any contract or agreement which the county or the state, as the case may be, is empowered to enter into.

      8.  Obtain financial statements, appraisals, economic feasibility reports and valuations of any type pertaining to the facilities or any project or any property relating thereto.

      9.  Adopt any ordinance or resolution authorizing a project, or the issuance of county securities [,] or [both.] state securities, or any combination thereof.

      10.  Make and execute an indenture or other trust instrument pertaining to any county securities or state securities herein authorized, except as otherwise provided in NRS 244.922 to 244.9263, inclusive [.] , and sections 2 to 16, inclusive, of this act.

      11.  Make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers granted herein, or in the performance of the county’s or the state’s covenants or duties, or in order to secure the payment of county or state securities.

      12.  Have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted herein, which specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent hereof.

      13.  Exercise all or any part or any combination of the powers herein granted.

      Sec. 33.  NRS 244.9246 is hereby amended to read as follows:

      244.9246  The governing body of any public body, upon its behalf and in its name, for the purpose of aiding and cooperating in any project herein authorized, upon the terms and with or without consideration and without an election, may:

      1.  Sell, lease, loan, donate, grant, convey, assign, transfer and otherwise dispose to the county or the state any facilities or any other property, or any interest therein, pertaining to any project.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 29 (Chapter 13, SB 30)ê

 

      2.  Make available to the county or the state for temporary use or otherwise to dispose of any machinery, equipment, facilities and other property, and any agents, employees, persons with professional training, and any other persons, to effect the purposes hereof. Any such property and persons owned or in the employ of any public body while engaged in performing for the county or the state any service, activity or undertaking herein authorized, pursuant to contract or otherwise, [shall] have and retain all of the powers, privileges, immunities, rights and duties of, and shall be deemed to be engaged in the service and employment of such public body, notwithstanding such service, activity or undertaking is being performed in or for the county [.] or the state.

      3.  Enter into any agreement or joint agreement between or among the Federal Government, the state, the county and any public bodies extending over any period not exceeding 50 years, which is mutually agreed thereby, notwithstanding any law to the contrary, respecting action or proceedings pertaining to any power herein granted, and the use or joint use of any facilities, project or other property herein authorized.

      4.  Sell, lease, loan, donate, grant, convey, assign, transfer or pay over to the county or the state any facilities or any project herein authorized, or any part or parts thereof, or any interest in personal property or real property, or any funds available for acquisition, improvement or equipment purposes, including the proceeds of any securities previously or hereafter issued for acquisition, improvement or equipment purposes which may be used by the county in the acquisition, improvement, equipment, maintenance and operation of any facilities or project herein authorized.

      5.  Transfer, grant, convey or assign and set over to the county or the state any contracts which may have been awarded by the public body for the acquisition, improvement or equipment of any project not begun or if begun, not completed.

      6.  Budget and appropriate, and each public body is hereby required and directed to budget and appropriate, from time to time, the proceeds of taxes, service charges and other revenues legally available therefor to pay all obligations, which may be either general obligations or special obligations, arising from the exercise of any powers herein granted as such obligations shall accrue and become due.

      7.  Provide for an agency, by any agreement herein authorized, to administer or execute that or any collateral agreement, which agency may be one of the parties to the agreement, or a commission or board constituted pursuant to the agreement.

      8.  Provide that any such agency shall possess the common power specified in the agreement, and may exercise it in the manner or according to the method provided in the agreement. Such power is subject to the restrictions upon the manner of exercising the power of any one of the contracting parties, which party shall be designated by the agreement.

      9.  Continue any agreement herein authorized for a definite term not exceeding 50 years, or until rescinded or terminated, which agreement may provide for the method by which it may be rescinded or terminated by any party.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 30 (Chapter 13, SB 30)ê

 

      Sec. 34.  NRS 244.9247 is hereby amended to read as follows:

      244.9247  All of the powers, privileges, immunities and rights, exemptions from laws, ordinances and rules, all pension, relief, disability, workmen’s compensation and other benefits which apply to the activity of officers, agents or employees of the state or the county or any public body when performing their respective functions within the territorial limits of the respective public agencies [shall] apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially hereunder [.] , and while engaged in the performance of any of their functions and duties under any contract or agreement authorized hereunder.

      Sec. 35.  NRS 244.9249 is hereby amended to read as follows:

      244.9249  1.  The county, or the state acting through the board, may fix, modify and collect or cause to be collected service charges for direct or indirect connection with, or the use or services of, the facilities of the county [, including without limitation minimum charges and charges for the availability of the facilities or services relating thereto.] or the state, respectively. These fees may include minimum charges, charges for the availability of facilities or services, and charges for future capital improvements, whether the facilities are in operation or being acquired.

      2.  Such service charges may be charged to and collected in advance or otherwise by the county or the state at any time or from time to time from the Federal Government, the state, the county, any public body or any person owning or occupying real property within the county [or from any occupant of such property] which directly or indirectly is or has been or will be connected with the facilities of the county or the state from which property originates, [or] has originated or may originate [rainfall,] rainwater, sewage, liquid wastes, solid wastes, night soil or industrial wastes, which have entered or may enter such facilities, or to which is made available untreated water, potable water or water in any other state, as the case may be, and such owner or occupant of any such real property shall be liable for and shall pay such service charges to the county or the state at the time when and place where such service charges are due and payable.

      3.  Such service charges of the county or the state may accrue from any date [on] which the board [reasonably estimates] provides in any ordinance authorizing or other instrument pertaining to the issuance of any securities [or other instrument pertaining thereto] or in any contract with the Federal Government, the state, the county, any public body or any person. [that the facilities or the properties of any project relating thereto will be available for service or use.]

      4.  For the purpose of charging to and collecting service charges from persons owning or occupying real property which is connected to the facilities of any public body in the county, the county, or the state acting through the board, may bring an action in any court of competent jurisdiction to compel the public body to disclose the names and addresses of all such persons.

      Sec. 36.  NRS 244.9251 is hereby amended to read as follows:

      244.9251  1.  The county, or the state acting through the board, may enforce the collection of service charges made thereby to any public body which fails to pay such charges within 90 days after they become due and payable, in addition to any other remedy fixed by contract or otherwise, by an action in the nature of a writ of mandamus or other action in any court of competent jurisdiction to compel the levy without limitation as to rate or amount, except for the limitation in section 2 of article 10 of the Nevada constitution, by the governing body of the public body and the collection of taxes on and against all taxable property therein sufficient in amount to pay such delinquent charges, together with penalties for delinquencies, court costs, reasonable attorney’s fees and other cost of collection.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 31 (Chapter 13, SB 30)ê

 

and payable, in addition to any other remedy fixed by contract or otherwise, by an action in the nature of a writ of mandamus or other action in any court of competent jurisdiction to compel the levy without limitation as to rate or amount, except for the limitation in section 2 of article 10 of the Nevada constitution, by the governing body of the public body and the collection of taxes on and against all taxable property therein sufficient in amount to pay such delinquent charges, together with penalties for delinquencies, court costs, reasonable attorney’s fees and other cost of collection.

      2.  The governing body of the public body may so levy such taxes sufficient for the payment of such charges as they become due and payable. The governing body may also apply for that purpose any other funds that may be in the treasury of the public body and legally available therefor, whether derived from any service charges imposed by the public body for the use of or otherwise in connection with its sewer system, or from any other source.

      3.  Upon such payments being made, the levy or levies of taxes for the payment of the service charges so imposed by the county or the state may thereupon to that extent be diminished.

      4.  Except to the extent specified in subsection 3, each such public body shall annually levy taxes as provided in subsection 1 sufficient in amount to pay such service charges of the county or the state promptly as they become due and payable.

      Sec. 37.  NRS 244.9252 is hereby amended to read as follows:

      244.9252  1.  The board, on behalf of and in the name of the State of Nevada, may:

      (a) Acquire, hold, operate, maintain, and improve the facilities defined in [paragraphs (a) and (b) of subsection 2 of] NRS 244.923;

      (b) Acquire, hold, operate, maintain, improve and dispose of properties pertaining to the facilities defined in [paragraphs (a) and (b) of subsection 2 of] NRS 244.923, including without limitation water and water rights, for the benefit and welfare of the people of this state;

      (c) Acquire the facilities defined in [paragraphs (a) and (b) of subsection 2 of] NRS 244.923, wholly or in part directly by construction contract or otherwise, or indirectly by contract with the Federal Government, or any combination thereof, as the [district] board may from time to time determine;

      (d) Borrow money and otherwise become obligated in a total principal amount of not more than [$65,000,000] $78,000,000 to defray wholly or in part the cost of acquiring the facilities defined in [paragraphs (a) and (b) of subsection 2 of ] NRS 244.923, and issue state securities to evidence such obligations.

      2.  The power to issue securities under this section in a total principal amount of not more than [$65,000,000] $78,000,000 under paragraph (d) of subsection 1 shall decrease to the extent that the Federal Government, pursuant to the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92-500) or any other law, appropriates funds by grant to pay all or any portion of the costs of the project, but such power to issue securities shall not be decreased because of any moneys due under such contract from the state to the Federal Government in the nature of interest charges to compensate it for moneys advanced by it until their repayment by the state.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 32 (Chapter 13, SB 30)ê

 

advanced by it until their repayment by the state. [The] If the project is not to be done in phases, the power to issue securities shall not become effective unless the amount of money available from the Federal Government equals at least 50 percent of the overall project cost. If a project is to be done in identifiable phases [of projects or alternate projects to create the facilities defined in paragraphs (a) and (b) of subsection 2 of NRS 244.923 become feasible,] the funding [for such phases may be deemed] of each such phase with state securities is authorized to the extent that Federal Government moneys are available to cover at least 50 percent of the cost [to be incurred.] of the phases, but this limitation no longer applies when the total amount of money available from the Federal Government equals at least 50 percent of the overall project cost. Notwithstanding the limitations in this subsection, state securities may be issued in anticipation of receipt of funds under a grant or other commitment from the Federal Government. The validity of and the power to fund or refund outstanding state securities issued under this act is not affected by subsequent grants from the Federal Government.

      3.  No project or phase of a project for the creation of facilities defined in [paragraphs (a) and (b) of subsection 2 of] NRS 244.923 may be authorized for funding with state securities until such funding is approved by the governor and by the legislative commission of the legislature.

      4.  The advisory committee may recommend to the board the implementation of design, engineering, specification development or pilot plant studies for the furtherance of any project or phase of a project to accomplish the development of the facilities defined in [paragraphs (a) and (b) of subsection 2 of] NRS 244.923. The implementation of such recommendations to be financed by the issuance of state securities may be authorized by the board with the approval of the governor and the legislative commission of the legislature.

      Sec. 38.  NRS 244.9254 is hereby amended to read as follows:

      244.9254  Although the board is empowered on behalf of the state to issue general obligation securities, [under this act,] the board shall assess the costs of the project against the users thereof through sewer service charges collected by or on behalf of the board at such times and in such amounts as will enable the state to pay in timely manner all operation and maintenance expenses and all principal of and interest on any state securities issued, sold and delivered to pay for all or any portion of the project, to accumulate and maintain any reserve and replacement accounts pertaining to the facilities and such securities provided in the ordinance or other proceedings relating thereto, and to make such payments, if any, as it is required to make the Federal Government or any agency thereof, pursuant to any contract by which the Federal Government made a loan to the state for payment of any of the costs of the project. This section constitutes full and complete authority for the board to levy, collect and enforce such sewer service charges in such manner and in such amounts as the board determines appropriate from time to time.

      Sec. 39.  NRS 244.9255 is hereby amended to read as follows:

      244.9255  1.  The payment of county or state securities or any other obligations of the county or state shall not be secured by an encumbrance, mortgage or other pledge of property of the county [,] or state, except for its pledged revenues, proceeds of taxes, proceeds of assessments, and any other moneys pledged for the payment of the securities or such other obligations.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 33 (Chapter 13, SB 30)ê

 

obligations of the county or state shall not be secured by an encumbrance, mortgage or other pledge of property of the county [,] or state, except for its pledged revenues, proceeds of taxes, proceeds of assessments, and any other moneys pledged for the payment of the securities or such other obligations.

      2.  No property of the county [,] or the state, except as provided in [subsection 5] paragraph (e) of subsection 1 of NRS 244.9242 and in subsection 1 of this section, [shall be] is liable to be forfeited or taken in payment of any county or state securities or other obligations of the county [.] or the state.

      Sec. 40.  NRS 244.9256 is hereby amended to read as follows:

      244.9256  No recourse [shall] may be had for the payment of the principal of, any interest on, or any prior redemption premiums due in connection with any bonds or other county or state securities or other obligations of the county evidenced by any other contract or for any claim based thereon or otherwise upon the ordinance or resolution authorizing the issuance of such securities or the incurrence of such other obligations or other instrument pertaining thereto, against any individual director or any officer or other agent of the county [,] or the state, past, present or future, either directly or indirectly through the board or the county [,] or state or otherwise, whether by virtue of any constitution or statute, or by the endorsement of any penalty or otherwise, all such liability, if any, being by the acceptance of the securities and as a part of the consideration of their issuance or by the making of any other contract specially waived and released.

      Sec. 41.  NRS 244.9257 is hereby amended to read as follows:

      244.9257  The faith of the state is hereby pledged that NRS 244.922 to 244.9263, inclusive, and sections 2 to 16, inclusive, of this act, any law supplemental or otherwise pertaining thereto, and any other act concerning the bonds or other county or state securities, taxes [, assessments] or the pledged revenues, or any combination of such securities, such taxes [, such assessments] and such revenues, shall not be repealed nor amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding county or state securities, until all such securities have been discharged in full or provision for their payment and redemption has been fully made, including without limitation from the known minimum yield from the investment or reinvestment of moneys pledged therefor in federal securities.

      Sec. 42.  NRS 244.9258 is hereby amended to read as follows:

      244.9258  Any contract, except a construction contract, entered into pursuant to the provisions of NRS 244.9252 for facilities as defined in [paragraphs (a) and (b) of subsection 2 of] NRS 244.923 is not binding upon the state until executed or otherwise approved by the governor, including without limitation the execution of securities by the governor in the manner and as otherwise provided in the State Securities Law.

      Sec. 43.  NRS 244.926 is hereby amended to read as follows:

      244.926  1.  NRS 244.922 to 244.9263, inclusive, and sections 2 to 16, inclusive, of this act, without reference to other statutes of the state, except as herein otherwise expressly provided, [shall] constitute full authority for the exercise of powers herein granted, including without limitation the granting of contractual powers to the state, the county and the other public bodies and the financing of any project herein authorized wholly or in part and the issuance of the county or state securities to evidence such loans.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 34 (Chapter 13, SB 30)ê

 

authority for the exercise of powers herein granted, including without limitation the granting of contractual powers to the state, the county and the other public bodies and the financing of any project herein authorized wholly or in part and the issuance of the county or state securities to evidence such loans.

      2.  No other act or law with regard to the making of contracts, the authorization or issuance of securities, other than the provisions of NRS 350.001 to 350.006, inclusive, which apply only to the issuance of county securities, or the exercise of any other power herein granted that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done [shall be construed as applying] applies to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.

      3.  The provisions of no other law, either general, special or local, except as provided herein, [shall] apply to the doing of the things herein authorized to be done; and [neither] the state [nor] , the county and any public body may not perform any of the acts herein authorized to be done, except as herein [otherwise] provided.

      4.  No notice, consent or approval by the state or any public body or officer thereof [shall be] is required as a prerequisite to the sale or issuance of any county securities or the making of any contract or the exercise of any other power hereunder except as herein provided.

      5.  The powers conferred by NRS 244.922 to 244.9263, inclusive, and sections 2 to 16, inclusive, of this act are in addition to and supplemental to, and the limitations imposed by such sections do not affect the powers conferred by any other law, general or special; and securities may be issued under [such] those sections without regard to the procedure required by any other such law except as otherwise provided in [such] those sections or in the State Securities Law. Insofar as the provisions of such sections are inconsistent with the provisions of any other law, general or special, the provision of those sections are controlling.

      6.  No provision contained in NRS 244.922 to 244.9263, inclusive, [shall repeal or affect] and sections 2 to 16, inclusive, of this act repeals or affects any other law or part thereof, it being intended that NRS 244.922 to 244.9263, inclusive, [shall] and sections 2 to 16, inclusive, of this act provide a separate method of accomplishing [its] their objectives and not an exclusive one.

      Sec. 44.  NRS 244.9229, 244.9253 and 244.9261 are hereby repealed.

      Sec. 45.  NRS 349.276 is hereby amended to read as follows:

      349.276  1.  As the commission may determine, any bonds and other state securities issued hereunder, except as otherwise provided in the constitution of the state, or in the State Securities Law, or in any act supplemental thereto, shall:

      (a) Be of a convenient denomination or denominations;

      (b) Be fully negotiable within the meaning of and for all the purposes of the Uniform Commercial Code—Investment Securities;

      (c) Mature at such time or serially at such times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the commission;


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ê1977 Statutes of Nevada, Page 35 (Chapter 13, SB 30)ê

 

      (d) [Bear interest at a rate or rates of not more than 9 percent per annum, the interest on each security not constituting a debt to be payable annually, semiannually or at other designated intervals, but the first interest payment date may be for interest accruing for any other period, and the interest on each security constituting a debt subject to the limitations stated in the first paragraph of section 3 of article 9 of the constitution of this state shall be payable semiannually;

      (e)] Be made payable in lawful money of the United States, at the office of the treasurer or any commercial bank or commercial banks within or without or both within and without the state as may be provided by the commission; and

      [(f)](e) Be printed at such place within or without this state, as the commission may determine.

      2.  Any such bonds or other state securities shall bear interest at a rate or rates of not more than 9 percent per anum. The interest shall be made payable:

      (a) If the security constitutes a debt subject to the limitations stated in the first paragraph of section 3 of article 9 of the constitution of this state, semiannually.

      (b) If the security does not constitute a debt or is issued for the protection and preservation of the state’s property or natural resources or for the purpose of obtaining the benefits thereof, at intervals which the commission shall designate, and the first interest payment may be for another period.

      3.  General obligation bonds shall mature within not exceeding 20 years from their date or within 20 years from the effective date of the act authorizing their issuance or the issuance of any securities funded or refunded thereby, whichever limitation is shorter; but any bonds constituting a debt which is not subject to the limitations stated in the first paragraph of section 3, of article 9 of the constitution of this state, as from time to time amended, shall mature within not exceeding 50 years from their date.

      [3.]4.  Special obligation bonds shall mature within not exceeding 50 years from their date.

      Sec. 46.  NRS 349.324 is hereby amended to read as follows:

      349.324  1.  Except as otherwise provided in NRS 349.320, the proceeds of taxes, pledged revenues and other moneys, including without limitation proceeds of bonds to be issued or reissued after the issuance of interim debentures, and bonds issued for the purpose of securing the payment of interim debentures, or any combination thereof, may be pledged for the purpose of securing the payment of interim debentures; but the proceeds of taxes and the proceeds of bonds payable from taxes, or any combination thereof, shall not be used to pay any special obligation interim debentures nor may their payment be secured by a pledge of any such general obligation bonds.

      2.  Any bonds pledged as collateral security for the payment of any interim debentures shall mature at such time or times as the commission may determine, except as otherwise provided in subsections [2 and] 3 and 4 of NRS 349.276.

      3.  Any bonds pledged as collateral security shall not be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debenture or interim debentures secured by a pledge of such bonds, nor shall they bear interest at any time which, with any interest accruing at the same time on the interim debenture or interim debentures so secured, exceeds 9 percent per annum.


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ê1977 Statutes of Nevada, Page 36 (Chapter 13, SB 30)ê

 

the interim debenture or interim debentures secured by a pledge of such bonds, nor shall they bear interest at any time which, with any interest accruing at the same time on the interim debenture or interim debentures so secured, exceeds 9 percent per annum.

      Sec. 47.  NRS 349.328 is hereby amended to read as follows:

      349.328  1.  For the purpose of funding any interim debentures, any bonds pledged as collateral security to secure the payment of such interim debentures, upon their surrender as pledged property, may be reissued without an election, and any bonds not previously issued but authorized to be issued, at an election in the case of general obligation bonds required by law so to be authorized, and otherwise merely by the commission, for a purpose or purposes the same as or encompassing the purpose or purposes for which the interim debentures were issued, may be issued for such a funding.

      2.  Any such bonds shall mature at such time or times as the commission may determine, except as otherwise provided in subsections [2 and] 3 and 4 of NRS 349.276.

      3.  Bonds for funding (including but not necessarily limited to any such reissued bonds) and bonds for any other purpose or purposes may be issued separately or issued in combination in one series or more.

      4.  Except as otherwise provided in NRS 349.322 to 349.328, inclusive, any such funding bonds shall be issued as is provided herein for other bonds.

      Sec. 48.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 14, AB 50

Assembly Bill No. 50–Committee on Ways and Means

CHAPTER 14

AN ACT making an additional and supplemental appropriation for the support of the health division of the department of human resources; and providing other matters properly relating thereto.

 

[Approved February 24, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  For the fiscal year ending June 30, 1977, there is hereby appropriated from the state general fund the sum of $720,000 to the health division of the department of human resources as an additional and supplemental appropriation to those allowed and made by section 32 of chapter 679, Statutes of Nevada 1975.

      Sec. 2.  After June 30, 1977, the unencumbered balance of the appropriation made in section 1 shall not be encumbered and shall revert to the state general fund.

      Sec. 3.  This act shall become effective upon passage and approval.

 

________

 

 


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ê1977 Statutes of Nevada, Page 37ê

 

CHAPTER 15, AB 68

Assembly Bill No. 68–Assemblymen Banner and Demers

CHAPTER 15

AN ACT relating to state accounting; abolishing obsolete data processing division funds; and providing other matters properly relating thereto.

 

[Approved February 24, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 242.330 and 242.340 are hereby repealed.

 

________

 

 

CHAPTER 16, AB 47

Assembly Bill No. 47–Committee on Ways and Means

CHAPTER 16

AN ACT making an appropriation from the state general fund and the state highway fund in the state treasury to the reserve for statutory contingency fund.

 

[Approved February 25, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  There is hereby appropriated to the reserve for statutory contingency fund created pursuant to NRS 353.264:

      1.  From the state general fund the sum of $272,187.

      2.  From the state highway fund in the state treasury the sum of $2,500.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 17, AB 67

Assembly Bill No. 67–Assemblymen Demers, Mann, May, Jacobsen and Horn

CHAPTER 17

AN ACT relating to the state accounting procedures; providing for the categorizing of state funds and accounts; prescribing accounting and reporting practices; and providing other matters properly relating thereto.

 

[Approved February 25, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 353 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  “Accounting system” means the total structure of records and procedures which discover, record, classify and report information on the financial position and operations of the state’s funds and groups of accounts.


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ê1977 Statutes of Nevada, Page 38 (Chapter 17, AB 67)ê

 

      Sec. 3.  “Encumbrance” means an obligation in the form of a purchase order, contract or salary commitment for which an estimated amount has been reserved and ceases to be an encumbrance when the actual liability is created.

      Sec. 4.  “Expenditure” means the cost of goods delivered or services rendered, whether paid or unpaid, including expenses, provision for debt retirement not reported as a liability of the fund from which retired, and capital outlays.

      Sec. 5.  “Group of accounts” means an independent self-balancing group of accounts set up to account for such matters as the principal and interest on unmatured general obligation bonds and certain fixed assets of the state which do not come within the definition of fund.

      Sec. 6.  “Lapse” as applied to an appropriation means the automatic termination of such appropriation within a fund.

      Sec. 7.  “Liability” means a debt or other legal obligation arising out of a transaction in the past which must be liquidated, renewed, or refunded at some future date.

      Sec. 8.  “Reversion” as applied to an appropriation means the return of the unused amount of an appropriation to the fund from which appropriated.

      Sec. 9.  1.  The state controller shall report each fund and group of accounts in one of the following categories for annual financial statement purposes:

      (a) State general fund;

      (b) Special revenue funds;

      (c) Capital projects construction funds;

      (d) Intragovernmental service funds;

      (e) Enterprise funds;

      (f) Trust and agency funds;

      (g) Debt service funds;

      (h) General long term debt group of accounts; or

      (i) General fixed assets group of accounts.

      2.  All resources and financial transactions of the state government shall be accounted for within a fund or group of accounts. The state controller shall assign each existing fund and group of accounts which is created by statute to the proper category unless the category is designated by statute.

      Sec. 10.  1.  The state general fund is hereby created and shall be used to receive all revenues and account for all expenditures not otherwise provided for by law in any other fund.

      2.  A special revenue fund shall be used to account for revenues the expenditure of which is restricted by law to a specific purpose and not provided for by law in any other fund.

      3.  A capital project construction fund shall be used to account for revenues and appropriations the expenditure of which is restricted to constructing a building or other project.

      4.  An intragovernmental service fund shall be used to account for and finance the self-supporting activities of a service characteristically utilized by other departments of state government.

      5.  An enterprise fund shall be used to finance and account for the acquisition, operation and maintenance of any governmental facility or service which is entirely or predominately self-supported by user charges.


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ê1977 Statutes of Nevada, Page 39 (Chapter 17, AB 67)ê

 

acquisition, operation and maintenance of any governmental facility or service which is entirely or predominately self-supported by user charges.

      6.  An agency or trust fund shall be used to account for resources received and held by an agent for others or by a trustee, to be expended or invested in accordance with the conditions of the agency and trust.

      7.  A debt service fund shall be used to finance and account for the payment of interest and principal on general obligation debt, serial and term, other than that payable exclusively from special assessments or revenue debt issued for and serviced by a governmental enterprise.

      8.  The general long term debt group of accounts shall be used to account for the principal and interest on all unmatured general obligation bonds.

      9.  The general fixed assets group of accounts shall be used to account for all fixed assets except those carried in intragovernmental service funds, trust and agency funds and enterprise funds.

      Sec. 11.  1.  Generally accepted accounting principles shall be followed throughout the accounting procedures and reporting of the state’s financial position and results of operations in each fiscal period for each fund and group of accounts.

      2.  Any elective state officer, any state board or commission and any head of a state department shall provide to the state controller, when requested, the necessary accounting information for him to report the financial position and results of operations of the state funds and groups of accounts.

      Sec. 12.  NRS 353.185 is hereby amended to read as follows:

      353.185  The powers and duties of the chief [shall be:] are:

      1.  To appraise the quantity and quality of services rendered by each agency in the executive department of the state government, and the needs for such services and for any new services.

      2.  To develop plans for improvements and economies in organization and operation of the executive department, and to install such plans as are approved by the respective heads of the various agencies of such department, or as are directed to be installed by the governor or the legislature.

      3.  To cooperate with the state public works board in developing comprehensive, long-range plans for capital improvements and the means for financing them.

      4.  To devise and prescribe the forms of operation reports to be required periodically from the several agencies in the executive department, and to require the several agencies to make such reports.

      5.  To prepare the executive budget report for the governor’s approval and submission to the legislature.

      6.  To prepare a budget for the executive department of the state government for the next 2 fiscal years, which budget shall:

      (a) Present a complete financial plan for the next 2 fiscal years;

      (b) Set forth all proposed expenditures for the administration, operation and maintenance of the departments, institutions and agencies of the executive department of the state government, including those operating on funds designated for specific purposes by the constitution or otherwise;

      (c) Set forth all interest and debt redemption charges during the next 2 fiscal years;


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 40 (Chapter 17, AB 67)ê

 

      (d) Set forth all expenditures for capital projects to be undertaken and executed during the next 2 fiscal years; and

      (e) Set forth the anticipated revenues of the state government, and any other additional means of financing the expenditures proposed for the next 2 fiscal years.

      7.  To examine and approve work programs and allotments to the several agencies in the executive department, and changes therein.

      8.  To examine and approve statements and reports on the [financial condition and] estimated future financial condition and the operations of the agencies in the executive department of the state government and the several budget units, before any such reports are released to the governor, to the legislature, or for publication, which have been prepared by such agencies and budget units.

      9.  To receive and deal with requests for information as to [financial conditions and operations of the state.] the budget status and operations of the executive agencies of the state government.

      10.  To prepare such statements of unit costs and other cost statistics as may be required from time to time, or requested by the governor or the legislature.

      11.  To do and perform such other and further duties relative to the development and submission of an adequate budget for the executive department of the state government of the State of Nevada as the governor may require.

      Sec. 13.  NRS 353.195 is hereby amended to read as follows:

      353.195  [1.]  The chief [is authorized:] may:

      [(a) To examine]1.  Examine all public accounts of agencies in the execute department of the state government.

      [(b) To administer]2.  Administer an oath to and examine under oath, when he deems it necessary, any public official in the executive department of the state government in relation to or concerning his books and accounts.

      [2.  Each such officer shall cause the system of accounting provided for in NRS 353.291 to 353.319, inclusive, to be installed and maintained, and shall allow the chief full access to and inspection of his books or of the accounts therein contained, or any records or data pertaining to the conduct of his office.]

      Sec. 14.  NRS 353.235 is hereby amended to read as follows:

      353.235  1.  Neither house [shall] may consider any appropriation, except an emergency appropriation for the immediate expense of the legislature, until after the delivery of the budget to the presiding officer of each house.

      2.  Every appropriation in addition to that provided for in the budget shall be embodied in a separate act and shall be limited to some single work, object or purpose therein stated.

      3.  [No] A supplementary appropriation [shall be] is not valid if it exceeds the amount in the state treasury available for such appropriation, unless the legislature making such appropriation [shall provide] provides the necessary revenue to pay such appropriation by a tax, direct or indirect, to be laid and collected as [shall be] directed by the legislature; but such tax shall not exceed the rates permitted under the constitution of the State of Nevada. This provision [shall] does not apply to appropriations to suppress insurrections, defend the state, or assist in defending the United Sates in time of war.


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ê1977 Statutes of Nevada, Page 41 (Chapter 17, AB 67)ê

 

to appropriations to suppress insurrections, defend the state, or assist in defending the United Sates in time of war.

      4.  The revenues and other resources of any fund are subject to legislative authorization or appropriation and legislative review for each fiscal period except where such procedure conflicts with the constitution or an express provision of statute.

      Sec. 15.  NRS 353.291 is hereby amended to read as follows:

      353.291  NRS 353.291 to 353.319, inclusive, [shall be known as the Fiscal] and sections 2 to 11, inclusive, of this act may be cited as the State Accounting Procedures Law.

      Sec. 16.  NRS 353.293 is hereby amended to read as follows:

      353.293  1.  It is the purpose of the [Fiscal and] State Accounting Procedures Law to set forth legislative policy governing [that phase of] the state’s [fiscal] financial procedures which [relates to financial funds.] relate to accounting and reporting. Generally accepted accounting principles [and fiscal procedures] shall be applied except when in conflict with constitutional and statutory provisions.

      2.  The legislature reserves the sole right to establish funds and groups of accounts not [otherwise] provided for by the Nevada constitution.

      [3.  It is the policy of the legislature that all general governmental programs and functions shall be subject to its review, regardless of the sources of revenue available to the various departments, institutions or agencies.]

      Sec. 17.  NRS 353.295 is hereby amended to read as follows:

      353.295  As used in the [Fiscal and] State Accounting Procedures Law, unless the context otherwise requires, and in all accounting procedures and reports pursuant to this chapter, the words and terms defined in NRS 353.297 to [353.313, inclusive,] 353.311, inclusive, and sections 2 to 8, inclusive, of this act have the meanings ascribed to them in [such] those sections.

      Sec. 18.  NRS 353.319 is hereby amended to read as follows:

      353.319  1.  The state controller shall [proceed immediately upon July 1, 1969, to implement] administer the provisions of the [Fiscal and] State Accounting Procedures Law.

      2.  [The state controller shall present reports on the development and implementation of the Fiscal and Accounting Procedures Law to the audit division of the legislative counsel bureau.

      3.  All proposed changes in the method and procedures of accounting shall be presented to the department of administration and the audit division of the legislative counsel bureau and the state board of finance for their review and recommendations prior to implementation.] The state controller shall, 30 days prior to the adoption, amendment or repeal of an accounting or reporting regulation give notice to each elective state officer, each state board or commission and the head of each state department.

      Sec. 19.  NRS 218.770 is hereby amended to read as follows:

      218.770  1.  The powers and duties of the legislative auditor [shall be:] are:

      [1.](a) To perform a postaudit of all accounts, books and other financial records of all state departments that are charged with the collection, custody or expenditure of public funds, and to prepare a written report of each audit for the legislative commission and for such other person or persons as designated in this chapter.


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ê1977 Statutes of Nevada, Page 42 (Chapter 17, AB 67)ê

 

report of each audit for the legislative commission and for such other person or persons as designated in this chapter.

      [2.](b) To [personally, or by his authorized assistants,] examine and audit when ordered by the legislative commission all fiscal books, records and accounts of all officers, personnel, custodians of public funds, disbursing officers, property custodians and purchasing agents, and to make independent verifications of all assets, liabilities, revenues and expenditures of the state, and its officers and departments, now in existence or hereafter created.

      [3.](c) To recommend such changes in the accounting system or systems and record or records of the state departments as in his opinion will augment or provide a uniform, adequate and efficient system of records, [and] accounting [.] and reporting.

      [4.](d) To determine whether the handling of the public money is protected by adequate accounting controls.

      [5.](e) To determine whether all revenues or accounts due have been collected or properly accounted for and whether expenditures have been made in conformance with law and good business practice.

      [6.](f) To determine whether the fiscal controls established by law and by administrative regulation are being properly applied.

      [7.](g) To determine whether fraud or dishonesty has occurred in the handling of funds or property.

      [8.](h) To determine whether property and equipment are properly accounted for and that none is improperly used or disposed of.

      [9.](i) To determine whether the accounting reports and statements issued by the agency under examination are an accurate reflection of the operations and financial condition.

      [10.](j) To cooperate with the executive officers of any and all state departments in outlining and installing a uniform, adequate and efficient system of records, [and] accounting [.] and reporting.

      [11.](k) To require the aid and assistance of executives and officials, auditors, accountants, and other employees of all the state departments at all times in the inspection, examination and audit of any and all books, accounts and records in their possession.

      [12.](l) To employ and authorize, at his discretion and subject to his direction and responsibility, an independent public accountant or firm of public accountants, doing business within the State of Nevada, to perform an audit, inspection and examination of all books, accounts, claims, reports, vouchers or other records of all state departments whose disbursements in whole or in part are paid out of the funds received from sources other than the general fund, or whose funds may be considered funds held in trust and not used for general governmental purposes, or whose funds are invested. The expenses and costs for such independent audit shall be paid by the state department audited. The provisions of this subsection shall not be applicable to the employment security department.

      [13.](m) To make recommendations to the legislative commission for the enactment or amendment of statutes based upon the results of the performance of his postaudit duties.

      [14.]2.  After the legislative auditor has furnished a preliminary report to the head of a state department, the legislative auditor or his designated representative shall discuss the report with the head of the state department.


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ê1977 Statutes of Nevada, Page 43 (Chapter 17, AB 67)ê

 

report to the head of a state department, the legislative auditor or his designated representative shall discuss the report with the head of the state department. If the head of the state department desires, he may submit to the legislative auditor within 10 days after the discussion his written statement of explanation or rebuttal concerning any of the findings, and the legislative auditor shall quote in the final report of the officer’s explanation or rebuttal to any of the findings included in the final report.

      [15.]3.  Each final report shall be submitted to the legislative commission. After such report has been accepted by the legislative commission, copies of each final report shall be filed with the governor, the lieutenant governor, the secretary of state and each member of the legislature.

      Sec. 20.  NRS 218.820 is hereby amended to read as follows:

      218.820  [Upon the request of the legislative auditor, every] The state controller or any other elective state officer, [in the state, every] any board or commission provided for by the laws of the state, [every] the head of [each and every] any department in the state, and [every] any employee or agent thereof, acting by, for or on account of [any] such office, board, commission or officer receiving, paying or otherwise controlling any public [funds] money in the State of Nevada, in whole or in part, whether the [same may be funds] money is provided by the State of Nevada, [funds] received from the Federal Government of the United States or any branch, bureau or agency thereof, or [funds] received from private or other source, shall submit to the legislative auditor, [a complete financial statement of each and every receipt of funds received by the office, officer, board, commission, person or agent, and of every expenditure of such receipts or any portion thereof] upon his request, the appropriate financial statement or statements prepared pursuant to generally accepted accounting principles for the period designated by the legislative auditor.

      Sec. 21.  NRS 333.120 is hereby amended to read as follows:

      333.120  1.  A working capital and operating fund, consisting of a working capital account and an operating account, in the sum of $1,000,000 is hereby created for the use of the chief in purchasing supplies, materials and equipment.

      2.  If the balance of the working capital and operating fund exceeds the amount set forth in subsection 1 at the end of any fiscal year, such excess shall revert to the state general fund [in the state treasury] within 6 months.

      [3.  Fund transactions shall be accounted for in accordance with the generally accepted accounting principles for intragovernment services funds and the provisions of the Fiscal and Accounting Procedures Law.]

      Sec. 22.  NRS 344.090 is hereby amended to read as follows:

      344.090  1.  [There is hereby created in the state treasury a fund to be known as the state printing fund.] The state printing fund is created as an intragovernmental service fund.

      2.  The state printing fund [shall consist] consists of the [funds] money appropriated to carry out the provisions of this chapter, and all [moneys] money received in the state printing fund from any source [whatever] in payment of all printing, reproduction and binding done in the division.


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ê1977 Statutes of Nevada, Page 44 (Chapter 17, AB 67)ê

 

      3.  All expenses for the support of the division, including the salary of the superintendent, shall be paid from the state printing fund.

      4.  Within 6 months after the end of the fiscal year, any profit in excess of $175,000 shall revert to the fund or account from which received in proportion to the amount charged such fund or account during that fiscal year. [The profit realized for the biennium shall be determined in accordance with generally accepted accounting principles for intragovernmental service funds.]

      Sec. 23.  NRS 426.675 is hereby amended to read as follows:

      426.675  1.  The business enterprise contingent fund for the blind, a special revenue fund, is hereby created [in the state treasury] and shall be managed by the chief.

      2.  [Moneys] Money received by the bureau under the provisions of NRS 426.670, except commissions assigned to licensed vending stand operators, shall:

      (a) Be deposited in the business enterprise contingent fund for the blind.

      (b) Except as provided in subsection 4, remain in the fund and shall not revert to the state general fund. [in the state treasury.]

      (c) Be used for:

             (1) Purchasing, maintaining or replacing vending stands or the equipment therein;

             (2) Maintaining a stock of equipment, parts, accessories and merchandise used or planned for use in the vending stand program; and

             (3) Such other purposes, consistent with NRS 426.640, as may be provided by [rule or] regulation.

      3.  Purchases made pursuant to paragraph (c) of subsection 2 are exempt from the provisions of the State Purchasing Act at the discretion of the chief of the purchasing division of the department of general services or his designated representative, but the bureau shall:

      (a) Maintain current inventory records of all equipment, parts, accessories and merchandise charged to the business enterprise contingent fund for the blind;

      (b) Conduct a periodic physical count of all such equipment, parts, accessories and merchandise; and

      (c) Reconcile the results of the periodic physical count with the inventory records and cash balance in the fund.

      4.  If the business enterprise contingent fund for the blind is dissolved, any [moneys] money remaining therein shall revert to the state general fund. [in the state treasury.]

      5.  [Funds] Money from any source which may lawfully be used for the vending stand program may be transferred or deposited by the bureau to the business enterprise contingent fund for the blind.

      [6.  Fund transactions shall be accounted for in accordance with the generally accepted accounting principles for special revenue funds and the provisions of the Fiscal and Accounting Procedures Law.]

      Sec. 24.  NRS 501.356 is hereby amended to read as follows:

      501.356  1.  There is hereby created [a fund to be known as and called] the fish and game fund, which [fund] shall be kept in the state treasury [,] as a special revenue fund, and, subject to the provisions of subsection 2, [shall consist of all moneys] consists of all money received from the sale of licenses, fees received pursuant to the provisions of NRS 488.075 and NRS 488.1793, remittances from the state treasurer received pursuant to the provisions of NRS 365.535, and [moneys] money from all other sources as provided by law, including appropriations made by the legislature.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 45 (Chapter 17, AB 67)ê

 

subsection 2, [shall consist of all moneys] consists of all money received from the sale of licenses, fees received pursuant to the provisions of NRS 488.075 and NRS 488.1793, remittances from the state treasurer received pursuant to the provisions of NRS 365.535, and [moneys] money from all other sources as provided by law, including appropriations made by the legislature.

      2.  Revenue from the sale of licenses, NRS 488.075, 488.1793, 365.535 and all other sources except appropriations, gifts, grants and federal [funds] payments shall if received prior to June 30 of the year earned, and may if received subsequent to June 30 of the year earned, be deposited at interest with the written approval of the state board of finance in any state or national bank or banks or savings associations in the State of Nevada. The principal so deposited shall be transferred periodically, commencing at the beginning of each fiscal year, to the state treasurer for the use of the department during that fiscal year. Appropriations, gifts, grants and federal [funds] payments when received shall be deposited in the state treasury to the credit of the fish and game fund.

      3.  The department may use so much of any such available [moneys] money as may be necessary for:

      (a) The payment of the expenses of protecting, propagating, restoring, introducing, transplanting and managing of wildlife in or into this state.

      (b) The payment of the expenses incurred in the administration and enforcement of the provisions of this Title.

      (c) The acquisition of lands, water rights, easements and other property for the protection, management and propagation of wildlife in this state.

      (d) The payment of the expenses incurred in the development, maintenance, operation and repair of wildlife installations and facilities.

      (e) All other necessary expenses to effect and aid in the enforcement and administration of this Title, including such other acts of expenditure as may be found to be urgent and necessary to assist and effect control in the propagation, protection and management of wildlife and wildlife management areas.   

      (f) The payment of the expenses incurred in the administration and enforcement of the provisions of chapter 488 of NRS (Nevada Boat Act), but total expenditures from the fish and game fund for this purpose shall not exceed the total sums received by the department pursuant to the provisions of NRS 365.535 and 488.075 and NRS 488.1793.

      4.  All [moneys] money in the fish and game fund shall be used for the purposes specified in this section and not diverted to any other fund or use. [, and shall not revert to general state funds. Accounting procedures in the administration of the fish and game fund shall be consistent with the provisions of the Fiscal and Accounting Procedures Law.]

      Sec. 25.  NRS 561.409 is hereby amended to read as follows:

      561.409  1.  The alfalfa seed research and promotion fund is hereby created [.] as a special revenue fund. The proceeds of the special assessment levied pursuant to NRS 587.155 shall be credited to the alfalfa seed research and promotion fund and all refunds made pursuant to NRS 587.155 shall be paid from the alfalfa seed research and promotion fund.

      2.  Expenditures from the alfalfa seed research and promotion fund shall be made only for:


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 46 (Chapter 17, AB 67)ê

 

      (a) Alfalfa seed research and marketing promotion programs;

      (b) Administrative, per diem and travel expenses of the alfalfa seed advisory board; and

      (c) Reimbursement to the department for administrative expenses of the department, not to exceed 5 percent of the assessments collected.

      [3.  Fund transactions shall be accounted for in accordance with the generally accepted accounting principles for special revenue funds and the provisions of the Fiscal and Accounting Procedures Law.]

      Sec. 26.  NRS 612.605 is hereby amended to read as follows:

      612.605  1.  There is hereby created [in the state treasury a special fund to be known as] the unemployment compensation administration fund [.] as a special revenue fund.

      2.  All [moneys which are] money which is deposited or paid into this fund [are] is hereby appropriated [and made available] to the executive director.

      3.  All [moneys] money in this fund shall be expended solely for the purpose of defraying the cost of the administration of this chapter. [, and for no other purpose whatever.]

      4.  All [moneys] money received from the Department of Labor for the fund pursuant to Section 302 of the Social Security Act (42 U.S.C. § 502) shall be expended solely for the purposes and in the amounts found necessary by the Department of Labor for the proper and efficient administration of this chapter.

      5.  In addition to [moneys] money deposited pursuant to NRS 612.617, the fund shall consist of:

      (a) All [moneys] money appropriated by this state.

      (b) All [moneys] money received from the United States of America or any agency thereof, including Department of Labor, the Railroad Retirement Board, and the United States Employment Service.

      (c) All [moneys] money received from any other source, for such purpose.

      6.  [Moneys] Money received from the Railroad Retirement Board as compensation for services or facilities supplied to the board shall be paid into this fund.

      7.  [All moneys in this fund shall be deposited, administered and disbursed in the same manner and under the same conditions and requirements as are provided by law for other special funds in the state treasury.

      8.]  Any balances in this fund shall not lapse at any time, but shall be continuously available to the executive director for expenditure consistent with this chapter.

      [9.  Moneys] 8.  Money in this fund shall not be commingled with other state funds, but shall be maintained in a separate account on the books of the depositary. [Such moneys] This account shall be secured by the depositary in which [they are] it is held to the same extent and in the same manner as required by the general depositary laws of the state, and collateral pledged shall be maintained in a separate custody account.

      [10.]  9.  All sums recovered on any official bond for losses sustained by the unemployment compensation administration fund shall be deposited in the unemployment compensation administration fund.


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ê1977 Statutes of Nevada, Page 47 (Chapter 17, AB 67)ê

 

      [11.  All moneys] 10.  All money requisitioned and deposited in this fund pursuant to NRS 612.617 shall be used in accordance with the conditions specified in NRS 612.617.

      Sec. 27.  NRS 612.615 is hereby amended to read as follows:

      612.615  1.  There is hereby created [in the state treasury a special fund to be known as] the employment security fund [.] as a special revenue fund.

      2.  All interest and forfeits collected under NRS 612.620 to 612.675, inclusive, and 612.740 shall be paid into this fund.

      3.  All [moneys which are] money which is deposited or paid into this fund [are] is hereby appropriated and made available to the executive director. [Such moneys] This money shall not be expended or made available for expenditure in any manner which would permit [their] its substitution for, or a corresponding reduction in, federal [funds] payments which would, in the absence of [such moneys,] this money, be available to finance expenditures for the administration of the employment security laws of the State of Nevada.

      4.  [Nothing in this section shall prevent such moneys] This section does not prevent this money from being used as a revolving fund to cover expenditures, necessary and proper under the law, for which federal [funds] payments have been duly requested but not yet received, subject to the repayment to the fund of such expenditures when received.

      5.  The [moneys] money in this fund shall be used by the executive director for the payment of costs of administration which are found not to have been properly and validly chargeable against federal grants received for or in the unemployment compensation administration fund.

      6.  [All moneys in this fund shall be deposited, administered and disbursed in the same manner and under the same conditions and requirements as are provided by law for other special funds in the state treasury.

      7.]  Any balances in this fund shall not lapse at any time, but shall be continuously available to the executive director for expenditure consistent with this chapter.

      [8.  Moneys] 7.  Money in this fund shall not be commingled with other state funds, but shall be maintained in a separate account on the books of the depositary.

      Sec. 28.  NRS 615.260 is hereby amended to read as follows:

      615.260  1.  The bureau [is authorized and empowered to] may accept and use gifts made by will or otherwise for carrying out the purposes of this chapter. Gifts made under such conditions as in the judgment of the chief are proper and consistent with the provisions of this chapter may be held, invested, reinvested and used in accordance with the conditions of the gift.

      2.  All [moneys] money received as gifts shall be deposited in the state treasury and [shall] constitute [a permanent fund to be called] the rehabilitation gift fund. Such [moneys] money may be invested, reinvested and used as provided in subsection 1. [Fund transactions shall be accounted for in accordance with generally accepted accounting principles for trust and agency funds and the provisions of the Fiscal and Accounting Procedures Law.]

      3.  [Moneys] Money in the rehabilitation gift fund shall not revert to the state general fund at the end of the fiscal year, but shall continue in such fund from year to year.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 48 (Chapter 17, AB 67)ê

 

to the state general fund at the end of the fiscal year, but shall continue in such fund from year to year.

      Sec. 29.  NRS 353.299, 353.301, 353.303, 353.313, 353.315 and 353.317 are hereby repealed.

      Sec. 30.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 18, AB 49

Assembly Bill No. 49–Committee on Ways and Means

CHAPTER 18

AN ACT making an appropriation from the state general fund to the emergency account.

 

[Approved February 25, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  There is hereby appropriated from the state general fund the sum of $57,516 to the emergency account created pursuant to NRS 353.263.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 19, AB 97

Assembly Bill No. 97–Committee on Ways and Means

CHAPTER 19

AN ACT to amend “An Act relating to the property tax; requiring the Nevada Tax Commission to classify mobile homes on the basis of service lives for assessment purposes; making an appropriation; and providing other matters properly relating thereto,” approved May 19, 1975.

 

[Approved February 25, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being chapter 587, Statutes of Nevada 1975, at page 1105, is hereby amended to read as follows:

 

       Sec. 2.  There is hereby appropriated from the state general fund to the Nevada tax commission for the purpose of developing the data required to comply with the provisions of paragraph (b) of subsection 2 of NRS 361.325, the following amounts:

       1.  For the fiscal year ending June 30, 1976, $15,000.

       2.  For the [fiscal year ending June 30, 1977,] period ending June 30, 1978, $35,000.

 

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 49ê

 

CHAPTER 20, AB 66

Assembly Bill No. 66–Assemblymen Banner and Demers

CHAPTER 20

AN ACT relating to state funds; creating the Nevada equal rights commission gift fund and the Nevada Indian commission gift fund; and providing other matters properly relating thereto.

 

[Approved February 25, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 233.060 is hereby amended to read as follows:

      233.060  The commission shall:

      1.  Foster mutual understanding and respect among all racial, religious, handicapped and ethnic groups and between the sexes in the State of Nevada.

      2.  Aid in securing equal health and welfare services and facilities for all the residents of the State of Nevada without regard to race, religion, sex, age, physical or visual handicap or nationality.

      3.  Study and investigate problems arising between groups in the State of Nevada which may result in tensions, discrimination or prejudice because of race, color, creed, sex, age, physical or visual handicap, national origin or ancestry, and formulate and carry out programs of education and disseminate information with the object of discouraging and eliminating any such tensions, prejudices or discrimination.

      4.  Investigate any complaints of discrimination, tensions or prejudice filed with or referred to the commission.

      5.  Secure the cooperation of various racial, religious, handicapped, nationality and ethnic groups, veterans’ organizations, labor organizations, business and industry organizations and fraternal, benevolent and service groups, in educational campaigns devoted to the need for eliminating group prejudice, racial or area tensions, intolerance or discrimination.

      6.  Cooperate with and seek the cooperation of federal and state agencies and departments in carrying out projects within their respective authorities to eliminate intergroup tensions and to promote intergroup harmony.

      7.  Have the power to accept gifts or bequests of personal property and may use the same to carry out the objects and purposes of this chapter. All money so received shall be deposited with the state treasurer for credit to the Nevada equal rights commission gift fund which is hereby created.

      8.  Have the power to make findings of fact and proceed thereon as provided in NRS 613.410 and 651.110.

      9.  Have the power to make such rules and regulations, not inconsistent with law, as it finds expedient to carry into execution the powers and duties conferred upon it by this chapter.

      Sec. 2.  NRS 233A.100 is hereby amended to read as follows:

      233A.100  The commission [shall have additional authority to:] may:

      1.  Appoint advisory committees whenever necessary or appropriate to assist and advise the commission in the performance of its duties and responsibilities under this chapter.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 50 (Chapter 20, AB 66)ê

 

      2.  Negotiate and contract with such other agencies, public or private, as it deems necessary or appropriate for such services, facilities, studies and reports to the commission as will best enable it to carry out the purposes for which it is created and to receive grants and donations for such purposes. All monetary gifts and grants shall be deposited with the state treasurer for credit to the Nevada Indian commission gift fund which is hereby created.

      3.  Cooperate with and secure the cooperation of state, county, city and other agencies, including Indian tribes, bands, colonies and groups and intertribal organizations in connection with its study or investigation of any matter within the scope of this chapter.

 

________

 

 

CHAPTER 21, SB 33

Senate Bill No. 33–Committee on Government Affairs

CHAPTER 21

AN ACT relating to Nevada Housing Finance Law; expanding the definition of “real property”; and providing other matters properly relating thereto.

 

[Approved February 25, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 319.120 is hereby amended to read as follows:

      319.120  “Real property” means all lands, including rights to space above the lands, improvements and fixtures [thereon] on the lands and property of any nature appurtenant [thereto] to or used in connection [therewith,] with the lands, and every estate, interest and right, legal or equitable, [therein,] in the lands, including terms of years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.

 

________

 

 

CHAPTER 22, AB 250

Assembly Bill No. 250–Committee on Ways and Means

CHAPTER 22

AN ACT relating to the University of Nevada; increasing the expense reimbursement for members of the board of regents; and providing other matters properly relating thereto.

 

[Approved February 25, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 396.070 is hereby amended to read as follows:

      396.070  1.  [No] A member of the board of regents shall not receive any compensation for his services.

      2.  Each member of the board of regents shall receive in attending meetings of the board [:] , or while on board of regents’ business within the state:

 


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 51 (Chapter 22, AB 250)ê

 

meetings of the board [:] , or while on board of regents’ business within the state:

      (a) A per diem expense allowance of [$30] $40 per day.

      (b) Travel expenses computed at the rate [of 12 cents per mile traveled, or the actual cost of transportation if public transportation is used, whichever is less.] provided by law for state officers and employees.

 

________

 

 

CHAPTER 23, AB 46

Assembly Bill No. 46–Committee on Ways and Means

CHAPTER 23

AN ACT making an appropriation from the state general fund to the office of the secretary of state for microfilming corporate records; and providing other matters properly relating thereto.

 

[Approved February 25, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  There is hereby appropriated from the state general fund the sum of $66,560 to the office of the secretary of state for microfilming corporate records.

      Sec. 2.  After June 30, 1979, the unencumbered balance of the appropriation made in section 1 shall not be encumbered and shall revert to the state general fund.

      Sec. 3.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 24, AB 98

Assembly Bill No. 98–Assemblymen Brookman, Mello, Howard, Bremner, Serpa, Glover, Hickey, Kosinski, Vergiels, Banner, Barengo, Bennett, Chaney, Coulter, Craddock, Demers, Dreyer, Gomes, Goodman, Harmon, Hayes, Horn, Jacobsen, Jeffrey, Kissam, Mann, May, Moody, Murphy, Polish, Price, Rhoads, Robinson, Ross, Schofield, Sena, Wagner, Weise, Westall and Dini

CHAPTER 24

AN ACT providing for an oil portrait of Mike O’Callaghan, governor of the State of Nevada; creating a fund; making an appropriation; and providing other matters properly relating thereto.

 

[Approved February 25, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  The Mike O’Callaghan portrait fund is hereby created in the state treasury.

      Sec. 2.  There is hereby appropriated from the state general fund to the Mike O’Callaghan fund the sum of $5,000.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 52 (Chapter 24, AB 98)ê

 

      Sec. 3.  The legislative commission is authorized to enter into a contract with an artist for the purpose of procuring a portrait of Mike O’Callaghan, governor of the State of Nevada.

      Sec. 4.  The portrait shall be painted in oil colors and appropriately framed. The painting and framing shall be done in the same manner, style and size as other portraits of former governors of the State of Nevada now being displayed in the Capitol corridor.

      Sec. 5.  The contract price shall not exceed $5,000, and shall include the cost of the portrait and the frame.

      Sec. 6.  The portrait and frame shall be subject to the approval of Governor Mike O’Callaghan.

      Sec. 7.  Upon delivery of the approved, framed portrait to the secretary of state and its acceptance by the legislative commission, the state controller shall draw his warrant in an amount equal to the contract price and the state treasurer shall pay such warrant from the Mike O’Callaghan portrait fund. Any balance remaining in the Mike O’Callaghan portrait fund shall immediately revert to the state general fund.

      Sec. 8.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 25, SB 26

Senate Bill No. 26–Senator Glaser

CHAPTER 25

AN ACT relating to the City of Carlin; providing for the sale or lease of the city-owned electric light and power system; and providing other matters properly relating thereto.

 

[Approved March 3, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  The City of Carlin, in the county of Elko and the State of Nevada, acting by and through its city council, is authorized to sell or lease, in accordance with sections 2 to 8, inclusive, of this act, all or part of the city-owned electric light and power system.

      Sec. 2.  1.  Proceedings to sell or lease the city-owned electric light and power system may be instituted by the adoption of a resolution by the city council proposing to sell or lease the electric light and power system or any part thereof.

      2.  The resolution adopted pursuant to the provisions of subsection 1 shall:

      (a) Call an election for submission of the question of the sale or lease of the electric light and power system of any part thereof;

      (b) Designate whether the election shall be consolidated with the next primary or general city or state election, or shall be a special election which the city council is authorized to call; and

      (c) Fix the date of the election.

      Sec. 3.  If the resolution adopted proposes to lease the electric light and power system or any part thereof, the city council shall negotiate with one or more qualified lessees.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 53 (Chapter 25, SB 26)ê

 

and power system or any part thereof, the city council shall negotiate with one or more qualified lessees. If such negotiations are successful, the city council shall submit the proposed lease for acceptance or rejection at the election. In any lease, the council shall require a bond for faithful performance by the lessee.

      Sec. 4.  When proceedings are instituted to sell a city-owned electric light and power system or any part thereof, the city shall cause to be drafted a proposal of sale including the general terms of the proposed sale and an explanation thereof for submission to the registered voters.

      Sec. 5.  1.  If the question of the sale or lease of the city-owned electric light and power system or any part thereof is submitted at a city or state primary or general election, no notice of registration of electors is required other than that required by the general election laws for such election. If the question is submitted at a special election, the city clerk shall at the expense of the city cause to be published at least once a week for five consecutive weeks by five weekly insertions a week apart, the first publication to be not more than 60 days nor less than 45 days next preceding the election, in a newspaper published within the county, a notice signed by the clerk to the effect that registration for the special election will be closed on the dates designated therein, as provided in subsection 2.

      2.  The office of the city clerk and the office of the justice of the peace of Carlin township shall be open for registration of voters for such special election from and including the 20th day next preceding such election and up to but excluding the 10th day next preceding such election and during regular office hours.

      Sec. 6.  If the resolution adopted pursuant to section 2 calls a special election, the city clerk shall cause a notice of the election to be published in some newspaper printed in the county at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 14 days nor less than 8 days next preceding the election. The notice of the special election shall contain:

      1.  The time and places of holding the election.

      2.  The hours during the day in which the polls will be open, which shall be the same as provided for general elections.

      3.  A statement of the question in substantially the same form as it will appear on the ballot.

      Sec. 7.  1.  The city clerk may consolidate or otherwise modify voting precincts, shall designate the voting places, shall appoint officers of the election for each precinct in such number as he may determine, and shall fix their duties and compensation.

      2.  Any qualified elector who is properly registered shall be qualified to vote at the special election.

      3.  The cost of any special election shall be paid by the city.

      Sec. 8.  1.  If the resolution adopted proposes to sell the city-owned electric light and power system or any part thereof and the majority of the ballots favor such sale, the city council shall advertise the sale of such city-owned electric light and power system or any part thereof by notice published at least once a week for 5 weeks prior to the date of such sale in a newspaper published in the city, or if no newspaper is published in the city then in a newspaper published in the county of Elko.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 54 (Chapter 25, SB 26)ê

 

published in the city then in a newspaper published in the county of Elko. The city council shall also cause notice of such sale to be given by posting written notice for a period of 5 weeks prior to the date of said sale in three public places in the city. The notice shall require sealed bids to be accompanied by a certified check for at least 5 percent of the sum bid for the purchase, to be deposited with the city clerk on or before the date stated in the notice.

      2.  The city council, in determining whether to accept any bid, shall be guided by the responsibility of the bidder and the adaptability of the offer to the best interests, safety and welfare of the inhabitants of the city. The city council is not required to award the bid to the highest bidder.

      3.  The city council may reject any and all bids.

      Sec. 9.  Section 7.020 of the charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 617, is hereby amended to read as follows:

 

       Sec. 7.020  Acquisition, operation, sale or lease of municipal utilities.

       [1.]  The city may, in the manner and for the purposes provided in this charter and the Nevada Revised Statutes as they apply to special charter cities, grant franchises and acquire in any manner any public utility, and hold, manage and operate it, either alone or jointly, with any level of government or instrumentality or subdivision thereof.

       [2.  The sale or lease of any municipal utility shall be made only pursuant to the provisions of NRS 266.386 to 266.3867, inclusive.]

 

      Sec. 10.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 26, AB 26

Assembly Bill No. 26–Assemblyman Barengo

CHAPTER 26

AN ACT relating to county officers; clarifying a provision on the expiration of appointments to fill vacancies in certain county offices; and providing other matters properly relating thereto.

 

[Approved March 3, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 245.170 is hereby amended to read as follows:

      245.170  When [any] a vacancy [shall exist or occur] exists or occurs in any county or township office, except the [office] offices of district judge and county commissioner, the board of county commissioners shall appoint [some] a suitable person [,] who is an elector of the county [,] to fill [such] the vacancy until the 1st Monday of January after the next ensuing biennial election.

 

________

 

 


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 55ê

 

CHAPTER 27, AB 56

Assembly Bill No. 56–Assemblyman Howard

CHAPTER 27

AN ACT relating to property taxation; creating a county appraisal and mapping assistance revolving fund; providing for its administration and use; and providing other matters properly relating thereto.

 

[Approved March 3, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 360.282 is hereby amended to read as follows:

      360.282  1.  There is hereby created in the state treasury a county [computer assisted appraisal system assistance] appraisal and mapping assistance revolving fund to be administered by the department. The fund is a continuing fund to be used to aid counties in [the development of] developing computer assisted [appraisal systems.] appraisal systems and in carrying out reappraisal, mapping and parceling programs.

      2.  A county may apply to the department for one or more [grants] loans from the [county computer assisted appraisal system assistance fund if such county has been directed by the department to develop a plan designed and intended to achieve an assessment ratio of 35 percent of full cash value and such a county plan incorporating a computer assisted appraisal system has been approved by the department.] fund to meet statutory requirements for completing the description of all land in the county by the parceling system, for carrying out appraisals or reappraisals of all property in the county within 5-year intervals and for achieving the prescribed assessment ratio.

      3.  Upon receipt of an application by a county for a [grant] loan from the [county computer assisted appraisal system assistance] fund and receipt of evidence that the county has [provided funds in its budget for the purpose of development of a computer assisted appraisal system the department, with the consent of the state board of examiners, may make the grant] contracted or within 3 months will contract with the department or persons approved by the department for services described in subsection 2, the department may make the loan under such terms and conditions as the department deems advisable and necessary and insofar as it is possible to do so within funds appropriated for this purpose.

      4.  Any county which receives such a loan shall repay it with interest at 6 percent per annum, within 5 years from the date of receipt.

      Sec. 2.  There is hereby appropriated from the state general fund to the appraisal and mapping assistance revolving fund the sum of $100,000.

 

________

 

 


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 56ê

 

CHAPTER 28, AB 52

Assembly Bill No. 52–Assemblymen Chaney, Gomes, Demers and Dreyer

CHAPTER 28

AN ACT relating to surety bonds; repealing the requirement that the director of the Nevada mental health institute obtain such a bond.

 

[Approved March 3, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 433A.050 is hereby repealed.

 

________

 

 

CHAPTER 29, SB 63

Senate Bill No. 63–Senator Dodge

CHAPTER 29

AN ACT relating to administrative procedure; reconciling specific procedures provided for individual agencies with the Nevada Administrative Procedure Act; and providing other matters properly relating thereto.

 

[Approved March 3, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 233B.121 is hereby amended to read as follows:

      233B.121  1.  In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.

      2.  The notice shall include:

      (a) A statement of the time, place and nature of the hearing.

      (b) A statement of the legal authority and jurisdiction under which the hearing is to be held.      

      (c) A reference to the particular sections of the statutes and regulations involved.

      (d) A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issued involved. Thereafter, upon application, a more definite and detailed statement shall be furnished.

      3.  Any party is entitled to be represented by counsel.

      4.  Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.

      [4.]5.  Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default.

      [5.]6.  The record in a contested case shall include:

      (a) All pleadings, motions and intermediate rulings.

      (b) Evidence received or considered.

      (c) A statement of matters officially noticed.

      (d) Questions and offers of proof and objections, and rulings thereon.


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ê1977 Statutes of Nevada, Page 57 (Chapter 29, SB 63)ê

 

      (e) Proposed findings and exceptions.

      (f) Any decision, opinion or report by the hearing officer presiding at the hearing.

      [6.]7.  Oral proceedings, or any part thereof, shall be transcribed on request of any party.

      [7.]8.  Findings of fact shall be based exclusively on substantial evidence and on matters officially noticed.

      Sec. 2.  NRS 233B.123 is hereby amended to read as follows:

      233B.123  In contested cases:

      1.  Irrelevant, immaterial or unduly repetitious evidence shall be excluded. Evidence may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonable and prudent men in the conduct of their affairs. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.

      2.  Documentary evidence may be received in the form of authenticated copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.

      3.  Every witness shall declare, by oath or affirmation, that he will testify truthfully.

      4.  Each party may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any matter relevant to the issues even though such matter was not covered in the direct examination, impeach any witness regardless of which party first called him to testify, and rebut the evidence against him.

      [4.]5.  Notice may be taken of judicially cognizable facts of generally recognized technical or scientific facts within the agency’s specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency’s experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.

      Sec. 3.  NRS 233B.130 is hereby amended to read as follows:

      233B.130  1.  Any party aggrieved by a final decision in a contested case is entitled to judicial review thereof under this chapter. Where appeal is provided within an agency, only the decision at the highest agency level is reviewable unless otherwise provided by statute. This [section] chapter does not limit utilization of trial de novo review where provided by statute, but this [section] chapter provides an alternative means of review in those cases. Any preliminary, procedural or intermediate agency act or ruling is immediately reviewable in any case in which review of the final agency decision would not provide an adequate remedy.

      2.  Proceedings for review shall be instituted by filing a petition in the district court in and for Carson City, in and for the county in which the aggrieved party resides, or in and for the county where the act on which the proceeding is based occurred [,] .


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which the proceeding is based occurred [,] . Unless otherwise provided by specific statute, a petition shall be filed within 30 days after the service of the final decision of the agency or, if a rehearing is held, within 30 days after the decision thereon. Copies of the petition shall be served upon the agency and all other parties of record.

      Sec. 4.  NRS 233B.140 is hereby amended to read as follows:

      233B.140  1.  The filing of the petition does not itself stay enforcement of the agency decision [.] , unless expressly so provided by statute. The agency may grant, or the reviewing court may order, a stay upon appropriate terms.

      2.  Within 30 days after the service of the petition, or within further time allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under [view.] review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.

      3.  If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court.

      4.  The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the agency, not shown in the record, proof thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs.

      5.  The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are:

      (a) In violation of constitutional or statutory provisions;

      (b) In excess of the statutory authority of the agency;

      (c) Made upon unlawful procedure;

      (d) Affected by other error of law;

      (e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

      (f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

      Sec. 5.  NRS 41A.040 is hereby amended to read as follows:

      41A.040  [Subject to applicable requirements and procedures of chapter 233B of NRS, the screening panel administrators shall adopt uniform procedural rules for the submission and consideration of cases relating to medical malpractice against physicians.] The screening panels are state agencies.


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ê1977 Statutes of Nevada, Page 59 (Chapter 29, SB 63)ê

 

are state agencies. Their administrators shall jointly adopt the required rules of practice, which shall be uniform for the two panels.

      Sec. 6.  NRS 90.175 is hereby amended to read as follows:

      90.175  1.  Except as provided in subsection 3, the administrator shall not:

      (a) Deny approval of the statement of any security or commodity option or the registration of a broker-dealer, bullion dealer, issuer, agent, investment adviser or transfer agent;

      (b) Prohibit or suspend the sale of any security or commodity option; or

      (c) Prohibit or suspend any person from acting as a broker-dealer, bullion dealer, issuer, agent, investment adviser or transfer agent,

except after opportunity for a hearing upon not less than 10 days’ advance notice given by personal service or registered or certified mail to the person or persons concerned.

      2.  The notice shall:

      (a) State the date, time and place of the hearing;

      (b) Contain a brief statement of the proposed action of the administrator; and

      (c) State the grounds for the proposed action.

      3.  The administrator may temporarily prohibit the sale of any security or commodity option or suspend the registration of a broker-dealer, bullion dealer, issuer, agent, investment adviser or transfer agent without the notice and prior hearing if the administrator deems such action to be necessary for the protection of the public.

      4.  Immediately after taking any such action, the administrator shall:

      (a) Schedule a hearing on the action as soon as possible and give to the person or persons concerned notice by personal service, by registered or certified mail or by telegram of the date, time and place of the hearing.

      (b) Conduct the hearing and, under the facts developed, suspend or revoke the registration of any security, commodity option or person involved, or the imposition on any such person of a civil penalty of not more than $1,000 for each offense.

      [5.  The provisions of the Nevada Administrative Procedure Act (chapter 233B of NRS) for the hearing, determination and review of contested cases apply to actions of the administrator or any deputy administrator under this section, and the findings and decision are a public record.]

      Sec. 7.  NRS 119.180 is hereby amended to read as follows:

      119.180  1.  No subdivision or lot, parcel or unit in any subdivision [shall] may be sold:

      (a) Until the division has approved a written plan or the methods proposed to be employed for the procurement of prospective purchasers, the sale to purchasers and the retention of purchasers after sale, which plan or methods shall describe with particularity:

             (1) The form and content of advertising to be used;

             (2) The nature of the offer of gifts or other free benefits to be extended;

             (3) The nature of promotional meetings involving any person or act described in this paragraph;


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ê1977 Statutes of Nevada, Page 60 (Chapter 29, SB 63)ê

 

             (4) The contracts, agreements and other papers to be employed in the sale of such property; and

             (5) Such other reasonable details as may be required by the division.

The written plan, or methods proposed, may be filed as a part of the application under NRS 119.140 and shall constitute and be treated as a part thereof.

      (b) Except through a broker, and prior to any offering or disposition, pursuant to any license granted under this chapter, the name of such broker shall be placed on file with the division. [A registered representative of the developer may be utilized in offering or selling subdivision properties not exempt from the provisions of this chapter until January 1, 1975, but such real estate broker shall be responsible for the selling activities of the registered representative so utilized. The registered representative and the developer are both required to comply with the same standards of business ethics as are required of licensed real estate brokers and salesmen except where different standards are prescribed by the division pursuant to a plan or methods under paragraph (a) of this subsection. Each registered representative of the developer engaged in offering subdivision property for sale shall, under such regulations as the division may promulgate, register with the division and pay the fees prescribed by this chapter. Such registered personnel shall be known as registered representatives of the developer and may not use the term “licensed.” Real estate brokers and salesmen licensed in the State of Nevada may function as registered representatives upon filing their names with the division. On and after January 1, 1975, only such] Only that broker or his real estate salesman may offer or sell subdivision property or any interest therein. Prior to such salesman’s offering or selling such property or interest, the salesman’s name shall be placed on file with the division. Additionally, the broker and salesman, if any, shall:

             (1) Complete an application in such form and containing such reasonable information as the division may require.

             (2) Pay the fees prescribed in this chapter.

Brokers and salesmen may represent only one developer at any one time, and 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, except, notwithstanding the provisions of this subsection, a broker of record may conduct his own separate brokerage business in compliance with chapter 645 of NRS.

      2.  [On and after January 1, 1975, no] No person, except a registered representative of the developer or a broker or salesman who has complied with this section, may induce, solicit or attempt to have any person attend any offer or sale of subdivision property or any interest therein. A broker is responsible for the inducing and soliciting activities of the registered representative so utilized. The registered representative and the developer are both required to comply with the same standards of business ethics as are applied to licensed real estate brokers and salesmen. A registered representative shall not make statements of any kind concerning prices, interests or values of the subdivision property; his sole function is inducing and soliciting persons to attend an offer or sale of subdivision property and handing out information approved by the division.


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ê1977 Statutes of Nevada, Page 61 (Chapter 29, SB 63)ê

 

offer or sale of subdivision property and handing out information approved by the division. The registered representative’s activities shall strictly conform to the written plan approved by the division in this section.

      3.  Prior to engaging in any activities specified in subsection 2, each registered representative of the developer, under such regulations as the division may promulgate, 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. Such registered personnel shall be known as registered representatives of the developer and may not use the term “licensee.” Real estate brokers and salesmen licensed in the State of Nevada may function as registered representatives upon the completion of whatever application and the submission of whatever reasonable information the division may prescribe, and upon the payment of the fees prescribed in this chapter.

      4.  The information required to be provided by NRS 119.140 shall be given to and reviewed with each purchaser by the broker, registered representative or salesman prior to the execution of any contract for the sale of any such property. The broker shall obtain from the purchaser a signed receipt for a copy of such information and, if a contract for disposition is entered into, the receipt and a copy of all contracts and agreements shall be kept in the broker’s files within the State of Nevada for a period of 3 years or 1 year after final payment has been made on any contract for the sale of property, whichever is longer, and [shall be] is subject to such inspection and audit as may be prescribed by [rules and] regulations [adopted pursuant to chapter 233B of NRS.] of the division.

      5.  Any contract or agreement for the sale of any subdivision or any lot, parcel, unit or interest in any subdivision, not exempted under the provisions of NRS 119.120, where such information has not been given to and reviewed with the purchaser more than 3 days in advance of his signing such contract or agreement, may be revoked by the purchaser within 3 days after he signed or after receipt by him of such information, whichever is the later, and the contract or agreement shall so provide, except that the contract or agreement may stipulate that the foregoing revocation authority shall not apply in the case of a purchaser who has received the information and inspected the subdivision in advance of signing the contract or agreement.

      6.  Any such revocation shall be in writing in form prescribed by the division and shall be communicated to the broker within the time limited by this section and all moneys paid by the purchaser under such revoked contract or agreement shall be returned to him immediately by the broker, without any deductions.

      7.  No subdivision consisting of land situated in the State of Nevada [shall] may be advertised or offered for sale within or outside the State of Nevada until such advertising and offering is approved by the division. Each such advertisement shall contain the processing number assigned by the division. Each application for approval of advertising shall be accompanied by a filing fee not to exceed $25, according to a schedule of fees to be established by the division.


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ê1977 Statutes of Nevada, Page 62 (Chapter 29, SB 63)ê

 

of fees to be established by the division. The division shall render a decision upon an application for approval of an advertising or offering within 30 days from the date such application is filed. The division shall [promulgate rules and] adopt regulations to accomplish the purpose of this section.

      Sec. 8.  NRS 233.070 is hereby amended to read as follows:

      233.070  1.  The commission shall receive and investigate complaints and initiate its own investigation of tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, physical or visual handicap, national origin or ancestry, and may conduct private or public hearings with regard thereto.

      2.  The commission, after the completion of any hearing, shall make a report in writing to the governor setting forth the facts found by the commission and the commission’s recommendations. The commission shall use its best efforts to bring about compliance with its recommendations.

      3.  The commission may subpena witnesses and require the production of any evidence relevant to any hearings conducted by the commission.

      4.  The commission may delegate its power to hold hearings, to issue subpenas and to require the production of evidence to one or more of its members or to one or more hearing officers whom it may employ. [If a hearing is held pursuant to such delegation, the provisions of NRS 233B.124 govern the rendering of the decision, including the finding of facts upon which to base further action.]

      Sec. 9.  NRS 284.377 is hereby amended to read as follows:

      284.377  1.  Within 30 days after receipt of notice of the decision of the hearing officer rendered pursuant to NRS 284.376, the employee or the appointing authority may, in writing, request that the commission review such decision for the purpose of determining whether to grant a hearing before the commission.

      2.  Within 30 days after receipt of a request for review pursuant to subsection 1, the commission shall review the decision of the hearing officer and shall either grant or deny a hearing before the commission.

      3.  If a hearing before the commission is granted, it shall be held within 60 days after receipt of the request for review and it shall be a hearing de novo. The technical rules of evidence do not apply at such hearing.

      4.  After the hearing and consideration of the evidence, the commission shall render its decision in writing, setting forth the reasons therefor. The decision of the commission supersedes the decision of the hearing officer and is binding on the parties. [The decision constitutes final agency action subject to judicial review in accordance with the provisions of NRS 233B.130 to 233B.150, inclusive.

      5.  If a hearing before the commission is denied, or if the commission receives no request for review within the specified time, the decision of the hearing officer constitutes final agency action subject to judicial review in accordance with the provisions of NRS 233B.130 to 233B.150, inclusive.]

      Sec. 10.  NRS 284.390 is hereby amended to read as follows:

      284.390  1.  Within 30 days after receipt of a copy of the statement provided for in subsection 2 of NRS 284.385, an employee who has been dismissed, demoted or suspended may, in writing, request a hearing before the hearing officer of the personnel division to determine the reasonableness of such action.


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ê1977 Statutes of Nevada, Page 63 (Chapter 29, SB 63)ê

 

provided for in subsection 2 of NRS 284.385, an employee who has been dismissed, demoted or suspended may, in writing, request a hearing before the hearing officer of the personnel division to determine the reasonableness of such action. If an employee utilizes an internal grievance adjustment procedure adopted by the commission, such employee shall have 30 days following the final disposition of the internal proceeding to request, in writing, a hearing before the hearing officer.

      2.  The hearing officer shall grant the employee a hearing within 20 working days after receipt of the employee’s written request unless the time limitation is waived, in writing, by the employee or there is a conflict with the hearing or review calendar of the hearing officer, in which case the hearing shall be scheduled for the earliest possible date after the expiration of the 20 days.

      3.  At the hearing of such appeal, technical rules of evidence do not apply.

      4.  After the hearing and consideration of the evidence, the hearing officer shall render his decision in writing, setting forth the reasons therefor.

      5.  If the hearing officer determines that the dismissal, demotion or suspension was without just cause as provided in NRS 284.385, such action shall be set aside and the employee shall be reinstated, with full pay for the period of dismissal, demotion or suspension.

      6.  The decision of the hearing officer is binding on the parties, but is subject to review and rehearing by the commission.

      7.  Within 30 days after receipt of notice of the decision of the hearing officer rendered pursuant to this section, the employee or the appointing authority may, in writing, request that the commission review such decision for the purpose of determining whether to grant a hearing before the commission.

      8.  Within 30 days after receipt of a request for review pursuant to subsection 7, the commission shall review the decision of the hearing officer and shall either grant or deny a hearing before the commission.

      9.  If a hearing before the commission is granted, it shall be held within 60 days after receipt of the request for review and it shall be a hearing de novo. The technical rules of evidence do not apply at such hearing.

      10.  After the hearing and consideration of the evidence, the commission shall render its decision in writing, setting forth the reasons therefor. The decision of the commission supersedes the decision of the hearing officer and is binding on the parties. [The decision constitutes final agency action subject to judicial review in accordance with the provisions of NRS 233B.130 to 233B.150, inclusive.

      11.  If a hearing before the commission is denied, or if the commission receives no request for review within the specified time, the decision of the hearing officer constitutes final agency action subject to judicial review in accordance with the provisions of NRS 233B.130 to 233B.150, inclusive.]

      Sec. 11.  NRS 286.630 is hereby amended to read as follows:

      286.630  1.  The board shall designate medical advisers who are specialists in their respective fields of medicine and who maintain their medical practices in the Reno-Carson City or Las Vegas areas. As directed by the board, the medical advisers shall conduct medical examinations, make recommendations and consult with the board concerning applications for disability allowances.


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ê1977 Statutes of Nevada, Page 64 (Chapter 29, SB 63)ê

 

directed by the board, the medical advisers shall conduct medical examinations, make recommendations and consult with the board concerning applications for disability allowances.

      2.  The board shall require medical examinations of all applicants for disability retirement allowances. Such examinations shall at least consist of:

      (a) An examination at an applicant’s expense and by his personal physician who shall submit a written statement to the board describing the nature and extent of the applicant’s disability; and

      (b) A review of the written statement from the applicant’s physician by the board’s medical advisers.

If the medical advisers deem it necessary, the advisers, or any one of them, may conduct an additional medical examination of the applicant. The costs of such additional examination shall be paid from the public employees’ retirement administrative fund.

      3.  The board may adopt [rules or] regulations providing for medical examinations of persons receiving disability retirement allowances. Expenses for such medical examinations shall be paid from the public employees’ retirement administrative fund. If any person receiving such an allowance refuses a reasonable request from the board to submit to a medical examination, the board may discontinue the payment of his allowance and may further provide for the forfeiture of all allowances accruing during such discontinuance.

      4.  A member may apply to the board for one reconsideration of a decision concerning the eligibility of an applicant for a disability retirement allowance or the discontinuance of such an allowance. [If no application for rehearing is made or if such an application is denied, every such decision is subject only to judicial review as provided in the Nevada Administrative Procedure Act (chapter 233B of NRS).]

      Sec. 12.  NRS 288.130 is hereby amended to read as follows:

      288.130  Every hearing and determination of an appeal or complaint by the board is a contested case [within the meaning of chapter 233B of NRS. Every such determination is] subject to [judicial review as provided in chapter 233B of NRS.] the provisions of law which govern the administrative decision and judicial review of such cases.

      Sec. 13.  NRS 341.260 is hereby amended to read as follows:

      341.260  1.  The board, in conjunction with the public service commission of Nevada, shall establish insulation standards by [January 1, 1976,] regulation for all buildings, public and private, constructed in the State of Nevada.

      [2.  The insulation standards established pursuant to this section shall be adopted and modified in the manner prescribed in chapter 233B of NRS.] Modifications may be made to coincide with applicable federal requirements or for any other purpose in the public interest, but only upon the approval of both the board and the public service commission of Nevada.

      [3.]2.  Insulation standards established pursuant to subsection 1 are intended to establish minimum insulation requirements and [shall] do not supersede more stringent requirements imposed by the building codes of any city or county. The sufficiency of city and county insulation standards shall be determined by the board.


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ê1977 Statutes of Nevada, Page 65 (Chapter 29, SB 63)ê

 

      [4.  After the adoption of insulation standards pursuant to this section, the board shall be] The board is responsible for the implementation and enforcement of such standards.

      Sec. 14.  NRS 361.870 is hereby amended to read as follows:

      361.870  1.  Any claimant aggrieved by a county assessor’s decision which denies assistance claimed under the Senior Citizens’ Property Tax Assistance Act may have a review of the denial before the executive director if within 30 days after the claimant receives notice of the denial he submits a written petition for review to the department.

      2.  Any claimant aggrieved by the denial in whole or in part of relief claimed under the Senior Citizens’ Property Tax Assistance Act, or by any other final action or review of the executive director, is entitled to judicial review thereof. [Proceedings for such review must be instituted within 30 days after the claimant has received notice of such final action.]

      Sec. 15.  NRS 369.485 is hereby amended to read as follows:

      369.485  1.  The legislature hereby declares:

      (a) That it is a privilege to engage in the business of selling intoxicating liquor at the wholesale or retail level in this state;

      (b) That the legislature finds it necessary to impose certain restrictions on the exercise of such privilege; and

      (c) That it is the policy of this state to preclude the acquisition or control of any retail liquor store by a wholesale liquor dealer.

      2.  As used in this section, unless the context requires otherwise:

      (a) “Delinquent payment” means the failure of a retail liquor store to make payment to a wholesale dealer for liquor on or before the 15th day of the month following delivery by the wholesale dealer.

      (b) “Payment” means the full legal discharge of the debt by the wholesale dealer’s receipt of cash or its equivalent, including ordinary and recognized means for discharge of indebtedness excepting notes, pledges or other promises to pay at a future date. A postdated check, a check not promptly deposited for collection or a check dishonored on presentation for payment does not constitute payment.

      (c) “Payment in cash” means the full legal discharge of the debt by delivery of cash, money order, certified check or a cashier’s or similar bank officer’s check.

      3.  A wholesale dealer shall not:

      (a) Loan any money or other thing of value to a retail liquor store.

      (b) Invest money, directly or indirectly, in a retail liquor store.

      (c) Furnish or provide any premises, building, bar or equipment to a retail liquor store.

      (d) Participate, directly or indirectly, in the operation of the business of a retail liquor store.

      (e) Sell liquor to a retail liquor store except for payment on or before delivery or on terms requiring payment by the retail liquor store before or on the 10th day of the month following delivery of such liquor to it by the wholesale dealer.

      (f) Sell liquor to a retail liquor store which is delinquent in payment to such wholesale dealer except for payment in cash on or before delivery.

      4.  On the 15th day of the month following the delivery of liquor and on the 15th day of each month thereafter, the wholesale dealer shall charge a retail liquor store which is delinquent a service charge of 1.5 percent of the amount of the unpaid balance.


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ê1977 Statutes of Nevada, Page 66 (Chapter 29, SB 63)ê

 

on the 15th day of each month thereafter, the wholesale dealer shall charge a retail liquor store which is delinquent a service charge of 1.5 percent of the amount of the unpaid balance.

      5.  The department may impose the following penalties on a wholesale dealer who violates any of the provisions of this section within any 24-month period:

      (a) For the first violation a penalty of not more than $500.

      (b) For the second violation a penalty of not more than $1,000.

      (c) For the third and any subsequent violation a penalty of not more than $5,000 or by a license suspension, or by both such penalty and suspension.

      6.  The department may, upon its own motion, and shall, upon the verified written complaint of any wholesale dealer, investigate the possible violation of any of the provisions of this section by any wholesale dealer. [The department shall follow the provisions of chapter 233B of NRS in the enforcement of this section.]

      Sec. 16.  NRS 394.221 is hereby amended to read as follows:

      394.221  1.  The department, under the direction and control of the board, shall administer the provisions of the Private Elementary and Secondary Education Authorization Act in addition to any other duties prescribed by law.

      2.  The department, with the approval of the board, shall:

      (a) Establish minimum criteria, in conformity with NRS 394.241, which applicants for a license or agent’s permit shall meet before a license or permit is issued. The criteria shall be sufficient to effectuate the purposes of the Private Elementary and Secondary Education Authorization Act but not unreasonably hinder legitimate educational innovation.

      (b) Receive, investigate as necessary and act upon applications for licenses and agents’ permits.

      (c) Maintain a list of agents and private elementary and secondary education institutions authorized to operate in this state. The list shall be available for the information of the public.

      (d) Receive, and maintain as a permanent file, copies of academic records in conformity with NRS 394.341.

      [(e) In conformity with the Nevada Administrative Procedure Act (chapter 233B of NRS), promulgate regulations and procedures necessary for the conduct of its work and the implementation of the Private Elementary and Secondary Education Authorization Act, which regulations shall have the force of law; and hold such hearings as are advisable or required in developing regulations and procedures, or in aid of any investigation or inquiry.]

      Sec. 17.  NRS 394.291 is hereby amended to read as follows:

      394.291  [1.]  Any person aggrieved by a decision of the board denying a license to operate or an agent’s permit, or the placement of conditions on the license to operate or agent’s permit, is entitled to a hearing before the board if the aggrieved person submits a written request for a hearing within 10 days from receipt of the board’s letter of denial. If no request is submitted within the prescribed period the decision is final.

      [2.  The hearing shall be conducted in accordance with the Nevada Administrative Procedure Act (chapter 233B of NRS).


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ê1977 Statutes of Nevada, Page 67 (Chapter 29, SB 63)ê

 

      3.  The decision of the board is final unless the applicant seeks judicial review.]

      Sec. 18.  NRS 394.301 is hereby amended to read as follows:

      394.301        1.  A license to operate or an agent’s permit may be revoked or made conditional after its issuance if the department reasonably believes that the holder of the license or permit has violated the Private Elementary and Secondary Education Authorization Act or any regulations [promulgated] adopted under it. Prior to the revocation or imposition of conditions, the department shall notify the holder by certified mail of facts or conduct which warrant the impending action and advise the holder that if a hearing is desired it must be requested within 10 days of receipt of the department’s notice letter. [The hearing shall be conducted in accordance with the Nevada Administrative Procedure Act (chapter 233B of NRS).

      2.  If no hearing is requested within the 10-day period, or after a hearing before the board, the decision of the agency is final unless judicially reviewed.

      3.]2.  If an agent’s permit is revoked or conditions imposed, the department shall, by certified mail, notify the institutions which the agent represented in addition to the agent and any other parties to any hearing.

      Sec. 19.  NRS 394.321 is hereby amended to read as follows:

      394.321  [1.  Any person aggrieved or adversely affected by any final board action, or by any penalty imposed by the board, may obtain judicial review in accordance with the Nevada Administrative Procedure Act (chapter 233B of NRS).

      2.]  If the board determines that irreparable injury would result from the implementation of its decision, it shall postpone the effective date of its action pending judicial review. [, or the reviewing court may order a stay as provided in the Nevada Administrative Procedure Act.]

      Sec. 20.  NRS 394.421 is hereby amended to read as follows:

      394.421  The administrator, with the approval of the commission, shall:

      1.  Establish minimum criteria in conformity with NRS 394.450, including quality of education, ethical and business practices, health and safety, and fiscal responsibility, which applicants for a license to operate, or for an agent’s permit, shall meet before the license or permit may be issued and to continue the license or permit in effect. The criteria to be developed shall be sufficient to effectuate the purposes of the Postsecondary Educational Authorization Act, but not unreasonably hinder legitimate education innovation.

      2.  Receive, investigate as necessary, and act upon applications for a license to operate postsecondary educational institutions and applications for agents’ permits.

      3.  Maintain a list of postsecondary educational institutions licensed and agents permitted to operate in this state. The list shall be available for the information of the public.

      4.  Receive and maintain as a permanent file, copies of academic records in conformity with NRS 394.550.

      5.  [In conformity with the Nevada Administrative Procedure Act (chapter 233B of NRS), promulgate regulations and procedures necessary for the conduct of its work and the implementation of the Postsecondary Educational Authorization Act, which regulations shall have the force of law; and hold such hearings as are advisable or required in developing regulations and procedures, or in aid of any investigation or inquiry.


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ê1977 Statutes of Nevada, Page 68 (Chapter 29, SB 63)ê

 

for the conduct of its work and the implementation of the Postsecondary Educational Authorization Act, which regulations shall have the force of law; and hold such hearings as are advisable or required in developing regulations and procedures, or in aid of any investigation or inquiry.

      6.]  Direct the technical and administrative activities of the commission.

      [7.]6.  Perform any lawful acts considered necessary or desirable to carry out the provisions and purposes of the Postsecondary Educational Authorization Act.

      Sec. 21.  NRS 394.500 is hereby amended to read as follows:

      394.500  [1.]  Any person aggrieved by a decision of the commission denying a license or an agent’s permit, or the placement of conditions on the license or agent’s permit, is entitled to a hearing before the commission, if the aggrieved person submits a written request for a hearing within 10 days from the receipt of the commission’s letter of denial. If no request is submitted within the prescribed period the decision is final.

      [2.  The hearing shall be conducted in accordance with the Nevada Administrative Procedure Act (chapter 233B of NRS). After a hearing, the decision of the commission is final unless judicially reviewed.]

      Sec. 22.  NRS 394.510 is hereby amended to read as follows:

      394.510  1.  A license or an agent’s permit may be revoked or made conditional after its issuance if the commission reasonably believes that the holder of the license or permit has violated the Postsecondary Educational Authorization Act or regulations [promulgated] adopted hereunder. Prior to revocation or imposition of conditions, the commission shall notify the holder by certified mail of the impending action, setting forth the basis for the commission’s actions and advising the holder that if a hearing is desired it must be requested within 10 days of receipt of the commission’s notice letter. If no hearing is requested within the prescribed period the commission’s decision is final. [The hearing shall be conducted in accordance with the Nevada Administrative Procedure Act (chapter 233B of NRS).]

      2.  If an agent’s permit is revoked or conditions imposed, the commission shall notify, by certified mail, the institution which the agent represented in addition to the agent and any other parties to any hearing.

      Sec. 23.  NRS 394.530 is hereby amended to read as follows:

      394.530  [1.  Any person aggrieved or adversely affected by any final commission action, or by any penalty imposed by the commission, may obtain judicial review in accordance with the provisions of the Nevada Administrative Procedure Act (chapter 233B of NRS).

      2.]  If the commission determines that irreparable injury would result from the implementation of its decision, it shall postpone the effective date of its action pending review. [, or the reviewing court may order a stay as provided in the Nevada Administrative Procedure Act.]

      Sec. 24.  NRS 444.560 is hereby amended to read as follows:

      444.560  1.  The state environmental commission shall adopt regulations concerning solid waste management systems, or any part thereof.

      2.  [In addition to the requirements of chapter 233B of NRS, notice] Notice of the intention to adopt and the adoption of any regulation shall be given to the clerk of the governing board of all municipalities in this state.


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ê1977 Statutes of Nevada, Page 69 (Chapter 29, SB 63)ê

 

be given to the clerk of the governing board of all municipalities in this state.

      3.  Within a reasonable time, as fixed by the state environmental commission, after the adoption of any regulation, no governing board of a municipality or person shall operate or permit an operation in violation of such regulation.

      Sec. 25.  NRS 445.207 is hereby amended to read as follows:

      445.207  [At least 30 days before each hearing required by NRS 445.204, notice of such hearing:

      1.  Shall] Before adopting any regulation, the commission shall hold a public hearing. If the regulation provides a standard of water quality or waste discharge, notice of the hearing shall be published at least once in a newspaper of general circulation in the area to which the standard, if adopted, will apply. [; and

      2.  Shall be mailed to all persons who have requested the commission to notify them of such hearing or hearings.]

      Sec. 26.  NRS 445.267 is hereby amended to read as follows:

      445.267  The commission shall provide by [rules and regulations:] regulation:

      1.  An opportunity for each permit applicant, interested agency or any person to request a public hearing conducted by the director with respect to each permit application; and

      2.  For public notice of such hearing, at least 30 days prior to the date of such hearing.

[The hearings shall be conducted according to the provisions of chapter 233B of NRS.]

      Sec. 27.  NRS 445.466 is hereby amended to read as follows:

      445.466  In the adoption of [rules and regulations pursuant to the authority granted in subsection 1 of NRS 445.461 and for its own procedures and for hearings held before it the commission shall comply with the provisions of chapter 233B of NRS. In addition, no rule or regulation shall be adopted by] any regulation, the commission [without] shall hold a public hearing. [having been held thereon.] Notice of [such] the public hearing shall be given by at least three publications of a notice in newspapers throughout the state, once a week for 3 weeks, commencing at least 30 days prior to the hearing. [The notice shall, among other items, specify with particularity the reason for the proposed rule or regulation and provide other informative details.]

      Sec. 28.  NRS 445.501 is hereby amended to read as follows:

      445.501  1.  Any person aggrieved by:

      (a) The issuance, denial, renewal, suspension or revocation of an operating permit; or

      (b) The issuance, modification or rescission of any other order, by the director may appeal to the commission.

      2.  The commission shall affirm, modify or reverse any action taken by the director which is the subject of the appeal.

      3.  The commission shall provide by rule for the time and manner in which appeals are to be taken to the commission.

      [4.  Any decision or order of the commission may be appealed as provided in NRS 233B.130.]


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ê1977 Statutes of Nevada, Page 70 (Chapter 29, SB 63)ê

 

      Sec. 29.  NRS 445.521 is hereby amended to read as follows:

      445.521  [1.]  No applicant is entitled to the granting or renewal of a variance as of right.

      [2.  Judicial review may be had of the granting or denial of a variance as provided in NRS 233B.130.]

      Sec. 30.  NRS 445.601 is hereby amended to read as follows:

      455.601  1.  Any person who violates any provision of NRS 445.401 to 445.526, inclusive, and 445.546 to 445.601, inclusive, or any regulations in force pursuant thereto, other than NRS 445.576 on confidential information, is guilty of a civil offense and shall pay an administrative fine levied by the commission of not more than $5,000. Each day of violation constitutes a separate offense.

      2.  The commission shall by regulation establish a schedule of administrative fines not exceeding $500 for lesser violations of any provision of NRS 445.401 to 445.526, inclusive, and 445.546 to 445.601, inclusive, or any regulation in force pursuant thereto.

      3.  Action pursuant to subsection 1 or 2 is not a bar to enforcement of the provisions of NRS 445.401 to 445.526, inclusive, and 445.546 to 445.601, inclusive, regulations in force pursuant thereto, and orders made pursuant to NRS 445.401 to 445.526, inclusive, and 445.546 to 445.601, inclusive, by injunction or other appropriate remedy, and the commission or the director may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

      4.  All administrative fines collected by the commission pursuant to this section shall be deposited in the county school district fund of the county where the violation occurred.

      [5.  Any person aggrieved by an order issued pursuant to this section is entitled to review as provided in NRS 233B.130.]

      Sec. 31.  NRS 449.170 is hereby amended to read as follows:

      449.170  1.  When the health division denies, suspends or revokes a health and care facility license, the division shall afford reasonable notice to all parties by certified mail, which notice shall contain the legal authority, jurisdiction and reasons for the action taken.

      2.  The aggrieved person may file notice of appeal with the state health officer within 10 calendar days after receipt of notice of action of the health division.

      3.  Within 20 calendar days after the receipt of the notice of appeal by the state health officer, the health division shall hold a hearing. [in the manner provided by the Nevada Administrative Procedure Act and the rules and regulations of the state board of health.]

      4.  Notice of the hearing shall be given no less than 5 days prior to the date set for the hearing.

      Sec. 32.  NRS 450B.180 is hereby amended to read as follows:

      450B.180  1.  Any person desiring certification as an emergency medical technician shall apply to the health division using forms prescribed by the health division.

      2.  The health division shall charge no fee for an emergency medical technician certificate.

      3.  The health division, under [rules,] regulations and procedures adopted by the board, shall make a determination of the applicant’s qualifications as an emergency medical technician, and shall issue an emergency medical technician certificate to each qualified applicant.


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ê1977 Statutes of Nevada, Page 71 (Chapter 29, SB 63)ê

 

adopted by the board, shall make a determination of the applicant’s qualifications as an emergency medical technician, and shall issue an emergency medical technician certificate to each qualified applicant.

      4.  An emergency medical technician certificate shall be valid for a period not exceeding 2 years and may be renewed if the holder meets the qualifications set forth in the [rules,] regulations and standards established by the board pursuant to this chapter.

      5.  The health division may suspend or revoke an emergency medical technician certificate if [, after reasonable notice and opportunity for a hearing,] it is determined that the holder no longer meets the prescribed qualifications. The holder has the right of appeal to the board. [, subject to judicial review as provided in chapter 233B of NRS.]

      6.  The board shall determine the procedures and techniques which may be performed by an emergency medical technician and by those who qualify to give advanced emergency care pursuant to the provisions of subsection 7.

      7.  The board shall determine training and other requirements for the delivery of advanced emergency care, including but not limited to defibrillation and administration of parenteral injections. No attendant [shall] may give, and no ambulance service [shall] may offer, such advanced emergency care without fulfilling the requirements established by the board.

      Sec. 33.  NRS 450B.200 is hereby amended to read as follows:

      450B.200  1.  The health division may issue permits for the operation of ambulance service and air ambulance service.

      2.  Each permit shall be evidenced by a card issued to the permitholder.

      3.  No permit [shall] may be issued unless the applicant is qualified under rules and regulations of the board.

      4.  An application for a permit shall be made upon forms prescribed by the board and in accordance with procedures established by the board, and shall contain the following:

      (a) The name and address of the owner of the ambulance service or air ambulance service or proposed service;

      (b) The name under which the applicant is doing business or proposes to do business;

      (c) A description of each ambulance or air ambulance, including the make, model, year of manufacture, motor and chassis numbers, and the color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate the applicant’s ambulance or air ambulance;

      (d) The location and description of the place or places from which the ambulance or air ambulance service is intended to operate; and

      (e) Such other information as the board [shall deem] deems reasonable and necessary to a fair determination of compliance with the provisions of this chapter.

      5.  The board may establish an annual permit fee not to exceed $10.

      6.  All permits shall expire on July 1 following the date of issue, and are renewable annually thereafter upon payment of the fee required by subsection 5 at least 30 days prior to the expiration date.


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ê1977 Statutes of Nevada, Page 72 (Chapter 29, SB 63)ê

 

      7.  The health division may revoke, suspend or refuse to renew any permit to operate an ambulance or air ambulance service for violation of any provision of this chapter or of any [rule or] regulation [promulgated] adopted by the board.

      8.  No revocation, suspension or refusal may be made without the concerned permitholder’s having been afforded an opportunity for a public hearing before the board in the matter prior to such time as any suit is filed in court for violation of this chapter or the [rules and] regulations [issued hereunder. The board shall issue regulations and procedures for the conduct of hearings required by this subsection, and determinations are subject to judicial review pursuant to chapter 233B of NRS.] adopted pursuant to this chapter.

      9.  The health division may suspend a permit if the permitholder is using an ambulance or air ambulance which does not meet the minimum equipment requirements as established by the board pursuant to this chapter.

      10.  The issuance of a permit under this section or NRS 450B.210 does not authorize any person, firm, corporation, association or government entity to provide ambulance or air ambulance services or to operate any ambulance or air ambulance not in conformity with any ordinance or regulation enacted by any county, municipality or special purpose district.

      Sec. 34.  NRS 452.390 is hereby amended to read as follows:

      452.390  [1.  The provisions of chapter 233B of NRS apply to prepaid contracts and all persons connected with such contracts.

      2.]  the administrator may [promulgate such rules and] adopt such regulations relative to trade practices and frauds in connection with prepaid contracts, and all persons involved therewith, as he may determine necessary or proper.

      Sec. 35.  NRS 453.146 is hereby amended to read as follows:

      453.146  1.  The board shall administer the provisions of NRS 453.011 to 453.551, inclusive, and may add substances to or delete or reschedule all substances enumerated in the schedules in NRS 453.161, 453.171, 453.181, 453.191, and 453.201 [, pursuant to the procedures of chapter 233B of NRS.] by regulation.

      2.  In making a determination regarding a substance, the board shall consider the following:

      (a) The actual or relative potential for abuse;

      (b) The scientific evidence of its pharmacological effect, if known;

      (c) The state of current scientific knowledge regarding the substance;

      (d) The history and current pattern of abuse;

      (e) The scope, duration and significance of abuse;

      (f) The risk to the public health;

      (g) The potential of the substance to produce psychic or physiological dependence liability; and

      (h) Whether the substance is an immediate precursor of a substance already controlled under the provisions of NRS 453.011 to 453.551, inclusive.

      3.  After considering the factors enumerated in subsection 2 the board shall make findings with respect thereto and issue a rule controlling the substance if it finds the substance has a potential for abuse.


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ê1977 Statutes of Nevada, Page 73 (Chapter 29, SB 63)ê

 

shall make findings with respect thereto and issue a rule controlling the substance if it finds the substance has a potential for abuse.

      4.  If the board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.

      5.  If any substance is designated, rescheduled or deleted as a controlled substance under federal law and notice thereof is given to the board, the board shall similarly control the substance under the provisions of NRS 453.011 to 453.551, inclusive, after the expiration of 60 days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that 60-day period the board objects to inclusion, rescheduling or deletion. In that case, the board shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the board shall publish its decision, which [shall be] is final unless altered by statute. Upon publication of objection to inclusion, rescheduling or deletion under the provisions of NRS 453.011 to 453.551, inclusive, by the board, control under such sections is stayed until the board publishes its decision.

      6.  Authority to control under this section does not extend to distilled spirits, wine, malt beverages or tobacco.

      7.  The board shall not include any nonnarcotic substance on any such schedule if such substance has been approved by the Food and Drug Administration for sale over the counter without a prescription.

      Sec. 36.  NRS 453.241 is hereby amended to read as follows:

      453.241  1.  Before denying, suspending or revoking a registration, or refusing a renewal of registration, the board shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked or suspended, or why the renewal should not be refused.

      2.  The order to show cause shall contain a statement of the basis therefor and shall call upon the applicant or registrant to appear before the board at a time and place not less than 30 days after the date of service of the order. In the case of a denial or renewal of registration the show cause order shall be served not later than 30 days before the expiration of the registration.

      3.  [These proceedings shall be conducted in accordance with chapter 233B of NRS without regard to any criminal prosecution or other proceeding.

      4.]  Proceedings to refuse renewal of registration shall not abate the existing registration, which shall remain in effect pending the outcome of the administrative hearing.

      [5.]4.  The board may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under NRS 453.236, or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the board or dissolved by a court of competent jurisdiction.


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ê1977 Statutes of Nevada, Page 74 (Chapter 29, SB 63)ê

 

      Sec. 37.  NRS 454.050 is hereby amended to read as follows:

      454.050  1.  It is unlawful to vend, sell, furnish or deliver any poison included in Schedule “A,” the additions thereto or those enumerated by [the board in a] regulation [adopted in compliance with chapter 233B of NRS] of the board without making or causing to be made, at the time of the sale, an entry in a book kept solely for that purpose, stating:

      (a) The date of sale.

      (b) The name, complete residence or business address and signature of the purchaser.

      (c) The name and quantity of the poison sold.

      (d) The statement by the purchaser of the purpose for which the poison is required.

      (e) The signature of the dispenser, who must be a registered pharmacist or a registered intern pharmacist acting under the direct and immediate supervision of a registered pharmacist.

      2.  The provisions of this section do not apply when the poisons enumerated in Schedule “A” are used as solvents for glues and cements used in making of models, when sold in single units or containers simultaneously with or as a part of a kit to be used for the construction of model airplanes, boats, automobiles, trains or other similar models if such kits have been assembled by a recognized manufacturer of such kits and are advertised as such.

      Sec. 38.  NRS 454.371 is hereby amended to read as follows:

      454.371  1.  If the board finds any drug to be dangerous to the public health or safety, it may [make other rules,] adopt a regulation not inconsistent with NRS 454.181 to 454.381, inclusive, limiting or restricting the furnishing of such drug. [The proceedings for adoption of such rules shall be governed by chapter 233B of NRS.]

      2.  A violation of any such [rule] regulation shall be punished in the same manner as is provided in NRS 454.306 to 454.356, inclusive.

      Sec. 39.  NRS 454.500 is hereby amended to read as follows:

      454.500  The board shall establish, by regulation, the type of devices other than hypodermic needles and syringes that must be sold in compliance with the provisions of NRS 454.470 to 454.530, inclusive. [Proceedings in adopting such regulations shall be conducted in compliance with the provisions of chapter 233B of NRS.]

      Sec. 40.  NRS 459.100 is hereby amended to read as follows:

      459.100  1.  In any proceeding under NRS 459.010 to 459.160, inclusive, for the granting, amending, suspension or revocation of any license, or for determining compliance with, or granting exceptions to, [rules and] regulations [promulgated] adopted in accordance with NRS 459.010 to 459.160, inclusive, the state board of health shall afford an opportunity for a hearing on the record upon the request of any person whose interest may be affected by such proceeding, and shall admit any such person as a party to such proceeding.

      2.  [Any such person who applies for a hearing before the state board of health may appear at such hearing before the board in person or by counsel, and may produce witnesses and introduce evidence orally or in written form.

      3.  Any testimony at such hearing shall be given under oath.


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ê1977 Statutes of Nevada, Page 75 (Chapter 29, SB 63)ê

 

      4.  The rules of evidence shall not obtain in a hearing before the state board of health under this section.

      5.]  The board shall render a written decision at the conclusion of every hearing, and the record and decision in every hearing shall be available for inspection by any interested person.

      Sec. 41.  NRS 459.120 is hereby amended to read as follows:

      459.120  1.  If the health division finds that an emergency exists requiring immediate action to protect the public health and safety, the division may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as is considered necessary to meet the emergency.

      2.  [Notwithstanding any other provision of NRS 459.010 to 459.160, inclusive, any such order shall be effective immediately.

      3.]  Any person to whom such order is directed shall comply immediately with such order, but on application to the state board of health he shall be afforded a hearing.

      [4.]3.  Such emergency order shall be continued, modified or revoked within 30 days after such hearing.

      Sec. 42.  NRS 467.113 is hereby amended to read as follows:

      467.113  1.  Any member of the commission may conduct hearings.

      2.  All hearings conducted under the provisions of this chapter shall be preceded by a written notice to be served upon the accused at least 30 days prior to the hearing.

      3.  [At the hearing the accused shall have the right to:

      (a) Appear personally and by counsel;

      (b) Introduce evidence; and

      (c) Examine and cross-examine witnesses.

      4.]  Before any adjudication is rendered, a majority of the members of the commission shall be required to examine the record and approve the adjudication and order.

      [5.]4.  The commission shall file a written report of its findings, adjudication and order in the record of the proceedings and shall send a copy to the accused.

      Sec. 43.  NRS 477.033 is hereby amended to read as follows:

      477.033  1.  A license, issued by the state fire marshal, is required for the servicing, installation or sale of fire extinguishers, fire alarm systems or fire sprinkler systems.

      2.  Applications for licenses shall be made on a form prescribed by the state fire marshal.

      3.  The state fire marshal may conduct inspections, examinations or hearings prior to the issuance of licenses.

      4.  The state fire marshal may charge a reasonable fee, to be fixed by regulation, [pursuant to the Nevada Administrative Procedure Act,] for the inspection and issuance of licenses.

      5.  If any person is denied a license by the state fire marshal, such person is entitled to a hearing, upon request, before the state fire marshal’s advisory board. [Any final determination by the state fire marshal’s advisory board after a hearing is subject to review by the district court at the instance of any party aggrieved.]

      Sec. 44.  NRS 482.353 is hereby amended to read as follows:


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ê1977 Statutes of Nevada, Page 76 (Chapter 29, SB 63)ê

 

      482.353  1.  The applicant or licensee may, within 30 days after receipt of the notice of denial or revocation, petition the director in writing for a hearing.

      2.  [Upon filing the petition, a date for hearing shall be fixed, and the applicant or licensee shall have the right to be present at the hearing and testify in his own behalf and to have such other persons as he desires present and testify at the hearing.

      3.]  Within 10 days after the hearing, the director shall make written findings of fact and conclusions and shall either grant or finally deny the application or revoke the license.

      [4.]3.  Notwithstanding the provisions of subsections [1 to 3, inclusive,] 1 and 2, the department may, if the director finds that the action is necessary in the public interest, upon notice to the licensee temporarily suspend or refuse to renew the license certificate issued to a manufacturer, dealer or rebuilder pursuant to NRS 482.322, and the special plates issued to a manufacturer or dealer pursuant to NRS 482.330, for a period not to exceed 30 days. In any such case a hearing shall be held, and a final decision rendered within 30 days after notice of the temporary suspension.

      Sec. 45.  NRS 489.440 is hereby amended to read as follows:

      489.440  1.  The applicant or licensee may, within 30 days after receipt of the notice of denial or revocation, petition the commission in writing for a hearing.

      2.  Upon filing the petition, a date for hearing shall be fixed. [, and the applicant or licensee shall have the right to be present at the hearing and testify in his own behalf and to have such other persons as he desires present and testify at the hearing.]

      3.  Within 10 days after the hearing, the commission shall make written findings of fact and conclusions and shall either grant or finally deny the application or revoke the license.

      4.  Notwithstanding the provisions of subsections 1 to 3, inclusive, the commission may, if it finds that the action is necessary in the public interest, upon notice to the licensee, temporarily suspend or refuse to renew the license certificate. In any such case a hearing shall be held, and a final decision rendered within 30 days after notice of the temporary suspension.

      Sec. 46.  NRS 501.110 is hereby amended to read as follows:

      501.110  1.  For the purposes of this Title, wildlife shall be classified as follows:

      (a) Wild animals, which shall be further classified as either game animals, fur-bearing animals, protected or unprotected animals.

      (b) Wild birds, which shall be further classified as either game birds, protected birds or unprotected birds. Game birds shall be further classified as upland game birds or migratory game birds.

      (c) Fish, which shall be further classified as either game fish or protected fish or unprotected fish.

      (d) Reptiles, which shall be further classified as either protected reptiles or unprotected reptiles.

      (e) Amphibians, which shall be further classified as either game amphibians, protected amphibians or unprotected amphibians.

      2.  Protected wildlife may be further classified as rare or endangered.


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ê1977 Statutes of Nevada, Page 77 (Chapter 29, SB 63)ê

 

      3.  Each species of wildlife shall be placed in a classification by commission regulation and, when it is in the public interest to do so, species may be moved from one classification to another. [, in accordance with the procedure set by chapter 233B of NRS.]

      Sec. 47.  NRS 501.118 is hereby amended to read as follows:

      501.118  Whenever [in this Title or by the provisions of chapter 488 of NRS] the commission is required to publish any official order or [regulation,] regulation regarding open or closed seasons, bag limits or hours, it shall [:

      1.  Comply with chapter 233B of NRS with regard to all such orders or regulations dealing with subjects other than open or closed seasons, bag limits or hours.

      2.  With regard to open or closed seasons, bag limits or hours,] publish once in each case, in a newspaper of general circulation in the State of Nevada or in the locality to which the order or regulation applies:

      [(a)]1.  A notice of intention to establish such order or regulation at an open meeting to be held on a date no sooner than 10 days following such publication; and

      [(b)]2.  Upon the establishment of such order or regulation a notice of that fact, which publication date shall become the effective date of such order or regulation, unless otherwise provided in such order or regulation.

      Sec. 48.  NRS 512.131 is hereby amended to read as follows:

      512.131  1.  The inspector of mines shall:

      (a) Adopt, modify, amend or repeal regulations formulated and proposed by the mining safety advisory board as he deems necessary and which are consistent with the Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. §§ 721-740), as amended.

      (b) Adopt all mandatory federal health and safety standards promulgated by the Secretary of the Interior pursuant to the provisions of the Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. §§ 721-740), as amended.

      2.  [The adoption of such regulations and standards, or their modification, amendment or repeal shall be in accordance with chapter 233B of NRS (Nevada Administrative Procedure Act), the provisions of which are specifically made applicable to such procedures.

      3.]  The inspector of mines shall forward a copy of every regulation or standard adopted under this section to the operator of each mine and to the representative of the workers, if any, at such mine. Failure to receive a copy of such regulation or standard shall not relieve anyone of the obligation to comply with such regulations or standards.

      Sec. 49.  NRS 522.090 is hereby amended to read as follows:

      522.090  1.  [The commission shall prescribe rules and regulations governing practice and procedure before the commission.

      2.  No rule,] The commission shall make no regulation or order, or amendment thereof, except in an emergency, [shall be made by the commission] without a public hearing upon at least 10 days’ notice. The public hearing shall be held at such time and place as may be prescribed by the commission, and any interested person [shall be] is entitled to be heard.

      [3.  When an emergency requiring immediate action is found to exist, the commission is authorized to issue an emergency order without notice or hearing, which shall be effective upon promulgation.


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the commission is authorized to issue an emergency order without notice or hearing, which shall be effective upon promulgation. No emergency order shall remain effective for more than 15 days.

      4.]2.  Any notice required by this chapter shall be given by personal service on all interested persons; and in the event such personal service cannot be made, then substituted service may be made in the manner provided for substitute service of process under the Nevada Rules of Civil Procedure. [The notice shall issue in the name of the state, shall be signed by the commission, and shall specify the style and number of the proceeding, the time and place of the hearing, and shall briefly state the purpose of the proceeding.

      5.  All rules, regulations and orders issued by the commission shall be in writing, shall be entered in full and indexed in books to be kept by the commission for that purpose, and shall be public records open for inspection at all times during reasonable office hours. A copy of any rule, regulation or order certified by the commission, under its seal, shall be received in evidence in all courts of this state with the same effect as the original.

      6.]3.  The commission may act upon its own motion, or upon the petition of any interested person. On the filing of a petition concerning any matter within the jurisdiction of the commission, the commission shall promptly fix a date for a hearing thereon, and shall cause notice of the hearing to be given. The hearing shall be held without undue delay after the filing of the petition. The commission shall enter its order within 30 days after the hearing.

      Sec. 50.  NRS 522.110 is hereby amended to read as follows:

      522.110  [1.]  Within 20 days after written notice of the entry of any order or decision of the commission, or such further time as the commission may grant for good cause shown, any person affected thereby may file with the commission an application for the rehearing in respect of any matter determined by such order or decision, setting forth the respect in which such order or decision is believed to be erroneous. The commission shall grant or refuse any such application in whole or in part within 10 days after the same is filed, and failure to act thereon within such period is deemed a refusal thereof and a final disposition of such application. In the event the rehearing is granted, the commission may enter such new order or decision after rehearing as may be required under the circumstances.

      [2.  Any party to such rehearing proceeding, dissatisfied with the disposition of the application for rehearing, may appeal therefrom to the district court of the county wherein is located any property affected by the decision of the commission, by filing a petition for the review of the action of the commission within 20 days after the entry of the order following rehearing or after the refusal of rehearing as the case may be. Such petition shall state briefly the nature of the proceedings before the commission and shall set forth the order or decision of the commission complained of and the grounds of invalidity thereof upon which the applicant will rely; provided, that the questions reviewed on such appeal shall be only questions presented to the commission by the application for rehearing. Notice of such appeal shall be served upon the adverse party or parties and the commission in the manner provided for the service of summons in civil proceedings.


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summons in civil proceedings. The trial upon appeal shall be without a jury, and the transcript of proceedings before the commission, including the evidence taken in hearings by the commission, shall be received in evidence by the court in whole or in part upon offer by either party, subject to legal objections to evidence, in the same manner as if such evidence was originally offered in the district court. The commission’s action complained of shall be prima facie valid and the burden shall be placed upon the party or parties seeking review to establish the invalidity of such action of the commission. The court shall determine the issues of fact and of law and shall, upon a preponderance of the evidence introduced before the court, which may include evidence in addition to the transcript of proceedings before the commission and the law applicable thereto, enter its order either affirming or vacating the order of the commission. Appeals may be taken from the judgment or decision of the district court to the supreme court in the same manner as provided for appeals from any other final judgment entered by a district court in this state.

      3.  The pendency of proceedings to review shall not of itself stay or suspend operation of the order or decision being reviewed, but during the pendency of such proceedings the district court in its discretion may, upon its own motion or upon proper application of any party thereto, stay or suspend, in whole or in part, operation of the order or decision pending review thereof, on such terms as the court deems just and proper and in accordance with the Nevada Rules of Civil Procedure; provided, that the court, as a condition to any such staying or suspension of operation of any order or decision, may require that one or more parties secure, in such form and amount as the court may deem just and proper, one or more other parties against loss or damage due to the staying or suspension of the commission’s order or decision, in the event that the action of the commission shall be affirmed.

      4.  The applicable rules of practice and procedure in civil cases for the courts of this state shall govern the proceedings for review, and any appeal therefrom to the supreme court, to the extent such rules are consistent with provisions of this chapter.]

      Sec. 51.  NRS 528.105 is hereby amended to read as follows:

      528.105  1.  Any state nursery authorized by NRS 528.100 shall be operated under management of the state forester firewarden and shall propagate stock for uses as provided in this section.

      2.  The state forester firewarden may:

      (a) Purchase nursery stock, seed and other conservation plant materials.

      (b) Engage in seed, tree and plant development research.

      (c) Demonstrate methods of conservation plant material planting, propagation and landscaping to public or private organizations or individuals.

      (d) Distribute, at cost of production, conservation plant materials for planting on public property for the purposes of soil erosion control, windbreaks, noise abatement, reforestation, greenbelts, watershed protection, wildlife protection and beautification.

      (e) Distribute, at cost of production, conservation plant materials for planting on private property for the purposes of production of forest or woodlot products, reforestation, windbreaks, woodlots, shelterbelts, greenbelts and wildlife habitat.


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planting on private property for the purposes of production of forest or woodlot products, reforestation, windbreaks, woodlots, shelterbelts, greenbelts and wildlife habitat.

      3.  Conservation plant materials distributed by the state forester firewarden under the provisions of paragraph (e) of subsection 2 shall be used only for the purposes therein set forth. The state forester firewarden may [, pursuant to chapter 233B of NRS,] set by regulation the criteria for eligibility for distribution of plants under paragraph (e) of subsection 2.

      4.  Any person who violates the provisions of this section is guilty of a misdemeanor.

      Sec. 52.  NRS 584.685 is hereby amended to read as follows:

      584.685  [1.]  Any decision of the commission [in the absence of an appeal therefrom as herein provided shall become] becomes final 20 days after the date of notification or mailing thereof. The commission shall be deemed to be a party to any judicial action involving any such decision, and may be represented in any such judicial action by any qualified attorney employed by it and designated by it for that purpose, or, at the commission’s request, by the attorney general.

      [2.  Within 20 days after the decision of the commission, any party aggrieved thereby may secure judicial review thereof by commencing an action in the district court of the county in which the aggrieved party resides. Upon filing of the appeal, the enforcement of the commission’s order shall be stayed pending final disposition of the appeal.

      3.  If the order is affirmed, it shall become final and conclusive and the stay of enforcement shall be automatically vacated. With its answer, the commission shall certify and file with the court all documents, papers and a transcript of all testimony taken in the matter, together with the commission’s findings of fact and decision therein.

      4.  Upon the final determination of such judicial proceedings, the commission shall enter an order in accordance with such determination.]

      Sec. 53.  NRS 590.605 is hereby amended to read as follows:

      590.605  1.  Whenever the board [shall have] has reasonable ground to believe that any applicant or licensee under NRS 590.465 to 590.645, inclusive, is violating any of the provisions of NRS 590.465 to 590.645, inclusive, or [rules,] regulations or specifications [promulgated] adopted hereunder, or is violating or failing to comply with any of the health and safety laws [, rules] or regulations in force in this state, or is acting or conducting his operations in any other manner which the board deems to be inimical and not to the best interests of the health, safety or welfare of the people of this state, the board [is authorized and empowered,] may, after a hearing, [to] suspend or revoke any or all licenses previously issued under the provisions of NRS 590.465 to 590.645, inclusive. If the board has reasonable grounds to believe that a licensee is delivering a lesser quantity of gas than he bills the customer for with the intent to defraud, such fact shall be reported to the state sealer of weights and measures.

      2.  The board shall cite the licensee, upon notice, stating reasons and given not less than 10 days prior to the date set for the hearing, to appear and show cause, if any he has, why the license should not be revoked or suspended. [The licensee cited to appear and show cause shall have the right to file an answer, to appear and be heard in person, and by counsel, and to present evidence at such hearing.]

 


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right to file an answer, to appear and be heard in person, and by counsel, and to present evidence at such hearing.]

      3.  The board [shall have the power to] may conduct investigations, summon and compel the attendance of witnesses, require the production of any records or documents and [to] provide for the taking of depositions under the Nevada Rules of Civil Procedure in connection with such hearings.

      4.  If, upon hearing, the board is satisfied that the violation charged is true, or if the licensee fails to appear and show cause, the board [shall have the power to] may revoke or suspend the license summarily.

      5.  The findings of the board, the judgment and the order shall be reduced to writing and filed in the permanent public records of the board. Copies shall be furnished to the licensee. [and the licensee may, within 30 days after the revocation or suspension, file an appeal with the district court of the county wherein the licensee resides or has his principal place of business. The matter will be heard de novo in the district court but the order of the board shall be affirmed if it is supported by substantial evidence. Upon the filing of the appeal, the enforcement of the board’s order shall be stayed pending final disposition of the appeal. If the order be affirmed, it shall become final and conclusive and the stay of enforcement shall be automatically vacated.] A licensee who petitions for judicial review is entitled to a trial de novo, and enforcement of the board’s order shall be stayed until the judicial review is completed.

      6.  In any case where the board refuses to issue a license, or suspends or revokes a license, the applicant or accused [shall have the right to] may submit another application for the consideration of the board.

      Sec. 54.  NRS 598B.150 is hereby amended to read as follows:

      598B.150  1.  Upon receipt of such a complaint or upon its own initiative, the division may:

      (a) Investigate any matters alleged in the complaint or believed to be a discriminatory practice under the provisions of this chapter or regulations adopted thereunder.

      (b) Eliminate or correct the cause of the complaint or discriminatory condition by methods of conference or conciliation.

      (c) Conduct a public hearing and make a decision or order. [in accordance with the provisions of chapter 233B of NRS.]

      2.  In conducting such investigation or hearing, the division may issue necessary subpenas requiring such attendance of witnesses or production of documents, and upon petition of the division, the district court may compel obedience to the subpenas.

      Sec. 55.  NRS 607.207 is hereby amended to read as follows:

      607.207  1.  When an enforcement question is presented under any labor law of the State of Nevada, the determination of which is not exclusively vested in another officer, board or commission, the labor commissioner or a person designated from the commissioner’s regular staff may conduct a hearing in any place convenient to the parties, if practicable, and otherwise in a place chosen by the labor commissioner.

      2.  Notice of such hearing shall be given by registered or certified mail to each party and to any person who has in writing requested such notice. [The content of the notice shall conform to chapter 233B of NRS.


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      3.]  The hearing shall be conducted no less than 15 days following the mailing of the notices. [It shall be conducted in keeping with the appropriate provisions of chapter 233B of NRS.] The proceedings shall be recorded and one copy shall be provided at cost to any party who requests it. The labor commissioner or a person designated from the commissioner’s regular staff shall, in any such hearing, make full use of the authority conferred upon him by NRS 607.210.

      Sec. 56.  NRS 607.215 is hereby amended to read as follows:

      607.215  1.  Within 30 days after the conclusion of the hearing provided for in NRS 607.207, the labor commissioner or a person designated from the commissioner’s regular staff shall issue a written decision, setting forth findings of fact and conclusions of law developed at the hearing.

      2.  The decision, together with the findings of fact and conclusions of law, shall be mailed to each of the parties to whom the notice of the hearing was mailed and to any other persons who may have requested notice of the hearing. The decision becomes enforcible 10 days following such mailing.

      3.  [Any decision issued under this section may receive] Upon a petition for judicial review, [in the manner provided in chapter 233B of NRS, or] the court may order trial de novo.

      4.  A decision issued pursuant to this section is binding on all parties and has the force of law.

      Sec. 57.  NRS 608.019 is hereby amended to read as follows:

      608.019  1.  An employer shall not employ an employee for a continuous period of 8 hours without permitting the employee to have a meal period of at least one-half hour. No period of less than 30 minutes interrupts a continuous period of work for the purposes of this subsection.

      2.  Every employer shall authorize and permit all his employees to take rest periods, which, insofar as practicable, shall be in the middle of each work period. The duration of the rest periods shall be based on the total hours worked daily at the rate of 10 minutes for each 4 hours or major fraction thereof. Rest periods need not be authorized however for employees whose total daily work time is less than 3 and one-half hours. Authorized rest periods shall be counted as hours worked, for which there shall be no deduction from wages.

      3.  This section does not apply to:

      (a) Situations where only one person is employed at a particular place of employment.

      (b) Employees included within the provisions of a collective bargaining agreement.

      4.  An employer may apply to the labor commissioner for an exemption from providing to all or to one or more defined categories of his employees one or more of the benefits conferred by this section. The labor commissioner may grant the exemption if he believes the employer has shown sufficient evidence that business necessity precludes providing such benefits. Any exemption so granted shall apply to members of either sex.

      5.  The labor commissioner may by regulation exempt a defined category of employers from providing to all or to one or more defined categories of their employees one or more of the benefits conferred by this section, upon his own motion or upon the application of an association of employers.


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ê1977 Statutes of Nevada, Page 83 (Chapter 29, SB 63)ê

 

this section, upon his own motion or upon the application of an association of employers. Each such application shall be considered at a hearing [pursuant to the Nevada Administrative Procedure Act (chapter 233B of NRS),] and may be granted if the labor commissioner finds that business necessity precludes providing that particular benefit or benefits to the employees affected. Any exemption so granted shall apply to members of either sex.

      Sec. 58.  NRS 610.185 is hereby amended to read as follows:

      610.185  The state apprenticeship council shall suspend for 1 year the right of any employer, association of employers or organization of employees acting as agent for an employer to participate in the apprenticeship program under the provisions of this chapter if the Nevada equal rights commission, after [due] notice and hearing, [as prescribed by chapter 233 of NRS,] finds that such employer, association or organization has discriminated against an apprentice because of race, color, creed, sex, physical or visual handicap or national origin in violation of subsection 8 of NRS 610.150.

      Sec. 59.  NRS 611.025 is hereby amended to read as follows:

      611.025  1.  The labor commissioner may conduct hearings [pursuant to chapter 233B of NRS] in the performance of his duties as set forth in NRS 611.020 to 611.320, inclusive.

      2.  The labor commissioner may, in connection with such hearings:

      (a) Issue subpenas for the attendance of witnesses and for the production of papers; and

      (b) Administer oaths, examine witnesses and take testimony.

      3.  If any person fails to comply with any subpena or order lawfully issued by the labor commissioner or to testify to any matter regarding which the person in a hearing before the labor commissioner may be lawfully interrogated, the district court, upon application of the labor commissioner, shall compel obedience to the subpena or order or require the testimony by proceedings for contempt.

      Sec. 60.  NRS 611.055 is hereby amended to read as follows:

      611.055  [Judicial review of any final order of the labor commissioner denying, suspending, or revoking a license of any employment agency is available to such agency pursuant to chapter 233B of NRS, and during the pendency of the proceedings for such review the agency shall be permitted to continue doing business as a licensed agency.] Any employment agency shall be permitted to continue doing business as a licensed agency during the pendency of the proceedings for review of any final order of the labor commissioner.

      Sec. 61.  NRS 616.220 is hereby amended to read as follows:

      616.220  [In accordance with the Nevada Administrative Procedure Act, the] The commission shall:

      1.  [Adopt reasonable and proper rules to govern its procedure.

      2.]  Prescribe by regulation the time within which adjudications and awards shall be made.

      [3.]2.  Prepare, provide and regulate forms of notices, claims and other blank forms deemed proper and advisable.

      [4.]3.  Furnish blank forms upon request.

      [5.]4.  Provide by regulation the method of making investigations, physical examinations, and inspections.


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      [6.]5.  Prescribe by regulation the methods by which the staff of the commission may approve or reject claims, and may determine the amount and nature of benefits payable in connection therewith. Every such approval, rejection and determination [shall be] is subject to review by the commission.

      [7.]6.  Provide for adequate notice to each claimant of his right:

      (a) To review by the commission of any determination or rejection by the staff.

      (b) To judicial review of any final decision.

      Sec. 62.  NRS 616.542 is hereby amended to read as follows:

      616.542  1.  The governor shall appoint an appeals officer to conduct hearings in contested claims for compensation under this chapter and chapter 617 of NRS. Such appeals officer shall hold office for a term of 4 years from the date of his appointment and until his successor is appointed and has qualified. Such officer is entitled to receive an annual salary of not more than $25,000 depending upon education, training and experience, to be paid from the state insurance fund.

      2.  Such appeals officer shall be familiar with the provisions of this chapter and chapter 617 of NRS and have 5 years’ experience in adjudication of workmen’s compensation claims or cases or shall be an attorney licensed to practice law before all the courts of this state for a period of at least 2 years. The appeals officer shall not engage in the private practice of law after January 1, 1977.

      3.  If the appeals officer determines that he has a personal interest or a conflict of interest, directly or indirectly, in any case which is before him, he shall disqualify himself from hearing such case and the governor shall appoint a special appeals officer who is vested with the same powers as the regular appeals officer would possess. The special appeals officer shall be paid at an hourly rate, based upon the appeals officer’s salary, from money in the state insurance fund.

      4.  The decision of the appeals officer is the final administrative determination of a claim under this chapter or chapter 617 of NRS and the whole record [, for the purposes of judicial review under the Nevada Administrative Procedure Act (chapter 233B of NRS), shall be made up] consists of all evidence taken at the hearing, before the appeals officer, and any findings of fact and conclusions of law based thereon.

      Sec. 63.  NRS 616.5421 is hereby amended to read as follows:

      616.5421  At any time 10 or more days prior to a scheduled hearing before an appeals officer or the commission, a party shall mail or deliver to the opposing party any affidavit which he proposes to introduce into evidence and notice to the effect that unless the opposing party, within 7 days after the mailing or delivery of such affidavit, mails or delivers to the proponent a request to cross-examine the affiant, his right to cross-examine the affiant is waived and the affidavit, if introduced into evidence, will have the same effect as if the affiant had given sworn testimony before the appeals officer or commission. [If the opportunity to cross-examine an affiant is not given after the opposing party has made a request for such examination, the affidavit is subject to the provisions of NRS 233B.123 and Title 4 of NRS.]

      Sec. 64.  NRS 616.543 is hereby amended to read as follows:


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ê1977 Statutes of Nevada, Page 85 (Chapter 29, SB 63)ê

 

      616.543  1.  No judicial proceedings [shall] may be instituted for compensation for an injury or death under this chapter unless:

      (a) A claim for compensation is filed as provided in NRS 616.500; and

      (b) A final decision of the appeals officer has been rendered on such claim.

      2.  Judicial proceedings instituted for compensation for an injury or death under this chapter [shall be] are limited to judicial review [as prescribed by NRS 233B.130 to 233B.150, inclusive.] of the decision of the appeals officer.

      Sec. 65.  NRS 617.405 is hereby amended to read as follows:

      617.405  1.  No judicial proceedings [shall] may be instituted for benefits for an occupational disease under this chapter, unless:

      (a) A claim is filed within the time limits prescribed in NRS 617.330; and

      (b) A final decision has been rendered on such claim.

      2.  Judicial proceedings instituted for benefits for an occupational disease under this chapter [shall be] are limited to judicial review [as prescribed by NRS 233B.130 to 233B.150, inclusive.] of that decision.

      Sec. 66.  NRS 618.295 is hereby amended to read as follows:

      618.295  1.  The department shall [fix and] adopt such [reasonable and proper rules and] regulations as are necessary to [govern its procedures, and to] provide safe and healthful employment in those employments within its jurisdiction.

      2.  The department shall not propose standards [, rules] or regulations for products distributed or used in interstate commerce which are different from federal standards for such products unless such standards are required by compelling local conditions and do not unduly burden interstate commerce.

      3.  The department may adopt [and promulgate] by emergency regulation temporary emergency standards for the protection of employees who are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards. [Such temporary emergency standards may be made effective for any period up to 6 months from the date of adoption or until superseded within 6 months by a standard adopted in accordance with subsection 9.]

      4.  Standards established under this chapter shall apply equally to all places of employment.

      5.  Standards or regulations shall provide for furnishing prompt information to employees by means of labels or warning signs regarding hazards in the workplace. The information shall include the suitable precautions, the symptoms and emergency treatment in case of exposure to hazards.

      6.  If an employee has been exposed to a hazard and the department considers a medical examination necessary, the cost of such examination shall be paid by the employer. The results of such examination shall be furnished only to the department and, at the request of the employee, to the employee’s physician.

      7.  To protect employees from hazards, standards or regulations shall prescribe the use of suitable protective equipment and control methods or procedures to include monitoring or measuring such exposures.


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procedures to include monitoring or measuring such exposures. The employees are entitled to be apprised of such monitoring and to obtain the results.

      8.  All federal occupational safety and health standards which the Secretary of Labor promulgates, modifies or revokes, and any amendments thereto, shall be deemed Nevada occupational safety and health standards.

      [9.  All rules and regulations of the department shall be adopted under the provisions of the Nevada Administrative Procedure Act (chapter 233B of NRS).]

      Sec. 67.  NRS 618.315 is hereby amended to read as follows:

      618.315  The department [shall have full power, jurisdiction and] has authority:

      1.  Over all places of employment except: [those which are subject to the jurisdiction of:]

      (a) [The] Those which are subject to the Federal Coal Mine Health and Safety Act of 1969 (30 U.S.C. §§ 801 et seq.) or the Federal Metal and Nonmetallic Mine Safety Act (30 U.S.C. §§ 721 et seq.);

      (b) [The] Those which are subject to the jurisdiction of the inspector of mines under the provisions of chapter 512 of NRS;

      (c) [Railroad] Those of railroad employees whose safety and health are subject to protection under the Federal Safety Appliances Act (45 U.S.C. §§ 1 et seq.) or the Federal Railroad Safety Act of 1970 (45 U.S.C. §§ 421 et seq.); and

      (d) Motor vehicles operating on public highways of this state. This section does not invest the department with any power, jurisdiction or authority over motor vehicles operating on the public highways.

      2.  To declare and prescribe what safety devices, safeguards or other means or methods of protection are well adapted to render the employees of every employment and place of employment safe as required by lawful order, state standards [, rules,] or regulations or federal standards, as adopted by the department.

      3.  To fix and adopt such reasonable standards and to prescribe, modify and enforce such reasonable orders for the adoption, installation, use, maintenance and operation of safety devices, safeguards and other means or methods of protection, which shall be as nearly uniform as practicable, as may be necessary to carry out all laws and lawful orders relative to the protection of the lives, safety and health of employees in employments and places of employment.

      4.  To [fix,] adopt [and order] such reasonable standards for the construction, repair and maintenance of places of employment as shall render such places safe and healthful.

      5.  To require the performance of any other act which the protection of the lives, safety and health in places of employment may reasonably demand.

      6.  To provide the method and frequency of making investigations, examinations and inspections.

      7.  To prepare, provide and regulate forms of notices, publications and blank forms deemed proper and advisable to carry out the provisions of this chapter, and to charge to employers the printing costs of such publications.

      8.  To furnish blank forms upon request.


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      9.  To provide for adequate notice to each employer or employee of his right [:

      (a) To] to administrative review of any department action or decision as set forth in NRS 618.475 and 618.605 [.

      (b) To judicial review under NRS 618.615.] and to judicial review.

      10.  To consult with the chief of the bureau of environmental health in the health division of the department of human resources with respect to occupational health matters in chapter 617 of NRS.

      11.  To appoint advisers and fix their compensation, who shall assist the department in establishing standards of safety and health, and the department may adopt and incorporate in its general orders such safety and health recommendations as it may receive from such advisers.

      Sec. 68.  NRS 623A.130 is hereby amended to read as follows:

      623A.130  The board shall:

      1.  Adopt an official seal.

      2.  Administer and enforce the provisions of this chapter.

      3.  Adopt regulations for [its administration and government and for] the administration of this chapter. [pursuant to the Nevada Administrative Procedure Act (chapter 233B of NRS).]

      4.  Administer and conduct comprehensive examinations of applicants, which shall test the applicant’s fitness to engage in the business of landscape architect.

      Sec. 69.  NRS 623A.180 is hereby amended to read as follows:

      623A.180  1.  The board shall approve or disapprove each application. If the board is satisfied that the information contained in the application is true, and that the applicant is qualified to take the examination and has paid the required fee, it shall approve the application.

      2.  Whenever the board approves an application, the secretary shall promptly notify the applicant in writing of such approval and of the time and place of the examination, if required.

      3.  Whenever the board disapproves an application, the secretary shall promptly notify the applicant of the disapproval, stating the reasons therefor. [An unsuccessful applicant is entitled to judicial review pursuant to the Nevada Administrative Procedure Act (chapter 233B of NRS).]

      Sec. 70.  NRS 624.283 is hereby amended to read as follows:

      624.283  [Subject to the provisions of NRS 233B.127, each] Each license issued under the provisions of this chapter expires on January 31 of the year next following the date on which it is issued. A license may be renewed by filing a renewal application accompanied by the annual renewal fee as fixed by the board. The board may prescribe regulations concerning license renewal.

      Sec. 71.  NRS 624.310 is hereby amended to read as follows:

      624.310  1.  In any case when the board refuses to issue or renew a license, or suspends or revokes a license, the applicant or accused [shall have the opportunity extended to him of having] is entitled to a hearing before the board. [, at which time he may be represented by counsel.]

      2.  The testimony taken pursuant to NRS 624.170 to 624.210, inclusive, shall be considered a part of the record of the hearing before the board.

      3.  The hearing shall be public if a request is made therefor.

      [4.  The applicant or accused shall also have full right of resort and appeal to the courts, but the action taken by the board shall in the courts be deemed prima facie lawful and regular.]

 


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appeal to the courts, but the action taken by the board shall in the courts be deemed prima facie lawful and regular.]

      Sec. 72.  NRS 625.430 is hereby amended to read as follows:

      625.430  [1.]  The time and place for the hearing shall be fixed by the board, and [a copy of the charges, together with a] notice of the time and place of hearing [,] shall be personally served on the registrant or mailed to the last-known address of such registrant at least 30 days before the date fixed for the hearing.

      [2.  At any hearing, the accused registrant shall have the right to appear personally and by counsel, to cross-examine witnesses appearing against him, and to produce evidence and witnesses in his own defense.]

      Sec. 73.  NRS 630.330 is hereby amended to read as follows:

      630.330  1.  The person charged [shall be given a full and fair trial by] is entitled to a hearing before the board, [with the right to be heard and to appear in person and by counsel, to cross-examine witnesses who appear against him and to present witnesses. The] but the failure of the person charged to attend his hearing or his failure to defend himself shall not serve to delay or make void the proceedings. The board may, for good cause shown, continue any hearing from time to time.

      2.  The secretary or the president of the board [shall have power to] may issue subpenas for the attendance of witnesses or for the production of documents or tangible evidence. A subpena may be served by the sheriff, his deputy or any other person who is not a party and is not less than 18 years of age. If any person refuses to obey any subpena so issued or refuses to testify or produce any tangible evidence designated therein, the board may petition the district court of the county where the person is served or where he resides to secure the attendance of that person and the production of any tangible evidence. Upon receiving the petition the court shall issue an order requiring that person to obey the subpena or to show cause why he failed to obey the subpena. The failure of any person, without adequate excuse, to obey a subpena [shall be] is contempt of the court.

      3.  If after hearing the charges it appears to the satisfaction of the board that the person is guilty as charged, the board may revoke the license of such person either permanently or temporarily, and by its order suspend the person from the practice of medicine within this state either permanently or temporarily in the discretion of the board. The board may likewise after finding the person guilty as charged place him on probation for such period and subject to such terms as may be determined by the board or administer to him a public or private reprimand. The order of the board may also contain such other terms, provisions or conditions, including terms and conditions for reinstatement of license, as the board may deem proper.

      4.  In all cases of revocation [of] or suspension of a license, the secretary of the board shall file a certified copy of the order of the board with the county recorder of the county in which the person’s certificate has been recorded.

      [5.  In all cases where a license is revoked or suspended or a person placed on probation a transcript of the proceedings before the board, and the findings and order of the board, shall be filed within 30 days with the clerk of the district court of the county in which the license has been recorded.]

 


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with the clerk of the district court of the county in which the license has been recorded.]

      Sec. 74.  NRS 630.340 is hereby amended to read as follows:

      630.340  [1.]  Any person whose license [has been] is revoked or suspended or who [has been] is placed on probation may, within 60 days, [after the filing of certified copies of the transcript, findings and order,] petition the district court to review the proceedings, findings and order of the board and to reverse or modify the same. Upon such review the burden is upon the petitioner to show wherein the order of the board is erroneous or unlawful.

      [2.  When 60 days have elapsed after the filing of the order and findings, if no petition for review has been filed, the district court shall make its order affirming the decision of the board. Until the same is modified or reversed, as provided in this section, the revocation, suspension or probation of such license and the right to practice thereunder shall become effective on the date the secretary certifies such fact of the decision and order of the board to the county recorder of the county in which the person’s license has been recorded.]

      Sec. 75.  NRS 632.350 is hereby amended to read as follows:

      632.350  1.  Before suspending or revoking any license the board shall notify the licensee in writing of the charges against him, accompanying the notice with a copy of the complaint, if any is filed, and the board shall grant the licensee an opportunity to be heard thereon in person or by counsel.

      2.  Written notice may be served by delivery of the same personally to the licensee, or by mailing the same by registered or certified mail to the last-known residence address of the licensee.

      3.  If the licensee shall so desire, the board shall:

      (a) Grant a hearing upon the charges, which hearing shall be held not less than 10 days after prior notice in writing to the licensee nor more than 30 days after the filing of any complaint; and

      (b) Furnish the licensee, at the time of giving the notice, copies of any and all communications, reports and affidavits in possession of the board, touching upon or relating to the matter in question.

      4.  The hearing on the charges may be held by the board, or a majority thereof, at such time and place as the board shall prescribe, but the hearing should be held, if the licensee so desires, within the county where he resides.

      [5.  Any party to a hearing before the board shall have the right to the attendance of witnesses in his behalf at the hearing or upon deposition, as set forth in this chapter, upon making request therefor to the board and designating the names and addresses of the persons sought to be subpenaed.

      6.  At the hearing all witnesses shall be sworn by the board or a member thereof, and stenographic notes of the proceedings shall be taken and filed as part of the record in the case. Any party to the proceedings desiring it shall be furnished with a copy of the stenographic notes upon the payment to the board of the actual cost of the transcript.

      7.  At the hearing the licensee shall be entitled:

      (a) To examine, either in person or by counsel, any and all persons complaining against him, as well as all other witnesses whose testimony is relied upon to substantiate the charge made.


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complaining against him, as well as all other witnesses whose testimony is relied upon to substantiate the charge made.

      (b) To present such evidence, written and oral, as he may see fit, and as may be pertinent to the inquiry.]

      Sec. 76.  NRS 634.200 is hereby amended to read as follows:

      634.200  1.  In all cases where a license is revoked or suspended or a person is placed on probation, a transcript of the proceedings before the board and the findings and order of the board shall be filed within 30 days with the clerk of the district court of the county in which the license to practice has been filed.

      2.  Any person whose license was revoked or suspended or who has been placed on probation may, within 60 days, [after the filing of the certified copies of the transcript, findings and order,] petition the district court to review the proceedings, findings and order of the board and to reverse or modify the same.

      3.  Upon such review the burden shall be upon the petitioner to show wherein the order of the board is erroneous or unlawful.

      Sec. 77.  NRS 638.143 is hereby amended to read as follows:

      638.143  1.  The board may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proven, would constitute grounds for the refusal to issue or renew any license under the provisions of this chapter or to revoke or suspend any such license already issued, investigate the actions of any person holding such license.

      2.  If the board determines that a violation of chapter 638 of NRS has occurred, the board shall hold a hearing concerning whether to issue a license to an applicant or whether to suspend, revoke or refuse to renew any license issued to a veterinarian pursuant to the provisions of this chapter.

      [3.  All hearings concerning the refusal to issue or renew a license or the revocation or suspension of any license issued under this chapter, shall be conducted in accordance with the provisions of chapter 233B of NRS.

      4.  In addition to the authority conferred upon the board by chapter 233B of NRS, the board shall have the power to swear witnesses, take testimony under oath and compel the attendance of witnesses and the production of documents.]

      Sec. 78.  NRS 639.095 is hereby amended to read as follows:

      639.095  1.  The board shall furnish all licensees with one copy of the pharmacy law.

      2.  [Notice of hearings on rules and regulations shall be given in accordance with the Nevada Administrative Procedure Act (chapter 233B of NRS).

      3.]  General notice shall be given of the time and place set for board meetings. Upon the written request of any person, the secretary shall furnish notice of meetings of the board by mail.

      Sec. 79.  NRS 639.139 is hereby amended to read as follows:

      639.139  1.  At any time within 30 days after receipt of the notice of denial of his application, an applicant may petition the board for reconsideration of the application. The petition must set forth a denial, in whole or in part, of the violations alleged and a statement that the applicant is prepared to submit evidence in support of his denial of the allegations.


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applicant is prepared to submit evidence in support of his denial of the allegations.

      2.  Within 30 days after the petition is received by the board, the secretary shall notify the petitioner, by registered or certified mail, of the board’s decision either to grant or deny the petition for reconsideration. If the petition is granted, the notice shall include the time and place set for reconsideration of the application by the board.

      [3.  Denial of the petition for reconsideration, or a denial of the application at the conclusion of the hearing for reconsideration, shall in no way affect the petitioner’s right to judicial review by a court of competent jurisdiction within this state.]

      Sec. 80.  NRS 639.248 is hereby amended to read as follows:

      639.248  [1.  In any hearing held for the purpose of suspending or revoking any certificate, certification, license or permit, each party shall have the right:

      (a) To call and examine witnesses, confront the witnesses against him and cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination of the witness;

      (b) To testify in his own behalf;

      (c) To introduce exhibits;

      (d) To submit arguments, either oral or written and rebut evidence against him; and

      (e) To impeach any witness regardless of which party first called him to testify.

      2.  All testimony to be considered, either in support of the complaint or in opposition thereto, shall be given under oath or affirmation under penalty of perjury.] Hearsay evidence may be admitted for the purpose of supplementing or explaining any direct evidence but [shall not be] is not sufficient in itself to support a finding. [The rules of privileges shall be effective to the same extent that they are now or hereafter may be recognized by law, and irrelevant and unduly repetitious evidence shall be excluded.]

      Sec. 81.  NRS 642.530 is hereby amended to read as follows:

      642.530  [A transcript of all pleadings upon which the cause was submitted to the board, duly certified, shall be filed in the office of the clerk of the district court and such filing shall perfect the appeal. The trial of the district court upon such appeal shall be] Upon a petition for judicial review, the district court may order a trial de novo.

      Sec. 82.  NRS 645.190 is hereby amended to read as follows:

      645.190  1.  The real estate division may do all things necessary and convenient for carrying into effect the provisions of this chapter.

      2.  The commission or the administrator, with the approval of the commission, may from time to time adopt reasonable regulations for the administration of this chapter. [in compliance with the Nevada Administrative Procedure Act (chapter 233B of NRS).] When regulations are proposed by the administrator, in addition to other notices required by law, he shall provide copies of the proposed regulations to the commission no less than 30 days prior to the next commission meeting. The commission shall approve, amend or disapprove any proposed regulations at such meeting.


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      3.  All regulations adopted by the commission, or adopted by the administrator with the approval of the commission, shall be published by the division and offered for sale at a reasonable fee.

      4.  The real estate division may publish a reference manual or study guide for licensees or applicants for licenses, and may offer it for sale at a reasonable fee.

      Sec. 83.  NRS 645.440 is hereby amended to read as follows:

      645.440  1.  If the real estate division, after an application in proper form has been filed with it, accompanied by the proper fee and the applicant’s certification of trustworthiness, competency and integrity, [shall deny] denies an application to the applicant, the real estate division shall give notice of the fact to the applicant within 15 days after its ruling, order or decision.

      2.  Upon written request from the applicant, filed within 30 days after receipt of such notice by the applicant, the commission shall set the matter down for a hearing to be conducted within 90 days after receipt of the applicant’s request.

      3.  The hearing shall be at such time and place as the commission [shall prescribe.] prescribes. At least 15 days prior to the date set for the hearing, the real estate division shall notify the applicant and other persons interested or protesting, and shall accompany such notification with an exact copy of any protest filed, together with copies of any and all communications, reports, affidavits or depositions in possession of the real estate division touching upon or relating to the matter in question. Such written notice of hearing may be served by delivery personally to the applicant, or by mailing the same by registered or certified mail to the last-known business address of the applicant. If the application is for a real estate salesman’s license, the real estate division shall also notify the broker with whom the applicant expected to be associated by mailing such notice by registered or certified mail to the broker’s last-known business address.

      4.  [At the hearing the applicant shall be entitled to examine, either in person or by counsel, any and all persons protesting against him, as well as all other witnesses whose testimony is relied upon to substantiate any protest or denial of the application. He shall be entitled to present such evidence, written and oral, as he may see fit and as may be pertinent to the inquiry.

      5.]  The hearing may be held by the commission or a majority thereof, and a hearing shall be held, if the applicant so desires, within the county where the applicant’s principal place of business is situated.

      [6.  At the hearing, all witnesses shall be duly sworn by the commission, or any member thereof, and stenographic] Stenographic notes of the proceedings shall be taken and filed as part of the record in the case. Any party to the proceedings desiring it shall be furnished with a copy of such stenographic notes upon the payment to the real estate division of such fee as the commission [shall prescribe] prescribes by [general rule or] regulation, not exceeding 25 cents per folio.

      [7.]5.  The commission shall render a decision on any application within 60 days from the final hearing on such application, and shall immediately notify the parties to the proceedings, in writing, of its ruling, order or decision.


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within 60 days from the final hearing on such application, and shall immediately notify the parties to the proceedings, in writing, of its ruling, order or decision.

      [8.]6.  Where an applicant has been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or other like offense or offenses, or has been convicted of a felony or a crime involving moral turpitude, and has been convicted thereof in a court of competent jurisdiction of this or any other state, district or territory of the United States, or of a foreign country, such untrustworthiness of the applicant, and the conviction, may in itself be sufficient ground for refusal of a license.

      [9.]7.  Where an applicant has made a false statement of material fact on his application such false statement may in itself be sufficient ground for refusal of a license.

      Sec. 84.  NRS 645A.130 is hereby amended to read as follows:

      645A.130  1.  If the order of the administrator is reversed, the court shall by its mandate specifically direct the administrator as to his further action in the matter including the making and entering of any order in connection therewith and the conditions, limitations or restrictions to be therein contained; but the administrator is not thereby barred from thereafter revoking or altering the order for any proper cause which may thereafter accrue or be discovered.

      2.  If [the order] an order of the administrator is affirmed, the appellant is not barred after 30 days from filing a new application if the application is not otherwise barred or limited.

      3.  The appeal shall not suspend the operation of the order appealed from during the pendency of the appeal except upon proper order of the court.

      [4.  An appeal may be taken from the judgment of the district court on the same terms and conditions as an appeal is taken in civil actions.]

      Sec. 85.  NRS 645B.100 is hereby amended to read as follows:

      645B.100  1.  Grounds for refusing to license any person as a mortgage company and grounds for suspending any license [in any proceedings under chapter 233B of NRS] are that the applicant or licensee:

      (a) Is insolvent;

      (b) Is of bad business repute or has demonstrated his unworthiness to transact the business of a mortgage company;     

      (c) Does not conduct his business in accordance with law or has violated any provisions of NRS 645B.010 to 645B.230; inclusive;

      (d) Is in such financial condition that he cannot continue in business with safety to his customers;

      (e) Has been guilty of fraud in connection with any transaction governed by NRS 645B.010 to 645B.230, inclusive;

      (f) Has made any misrepresentations or false statement to, or concealed any essential or material fact from, any person in the course of the mortgage company business;

      (g) Has knowingly made or caused to be made to the commissioner any false representation of material fact or has suppressed or withheld from the commissioner any information which the applicant or licensee possesses, and which if submitted by him would have rendered the applicant or licensee ineligible to be licensed under NRS 645B.010 to 645B.230, inclusive;

 


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possesses, and which if submitted by him would have rendered the applicant or licensee ineligible to be licensed under NRS 645B.010 to 645B.230, inclusive;

      (h) Has failed to account to persons interested for all funds received for the impound trust account;

      (i) Has refused to permit an examination by the commissioner of his books and affairs or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the commissioner under the provisions of NRS 645B.010 to 645B.230, inclusive; or

      (j) Has been convicted of a felony or any misdemeanor of which an essential element is fraud.

      2.  It is sufficient cause for refusal or revocation of a license in the case of a partnership or corporation or any unincorporated association if any member of the partnership or any officer or director of the corporation or association has been guilty of any act or omission which would be cause for refusing or revoking the registration of an individual.

      Sec. 86.  NRS 648.170 is hereby amended to read as follows:

      648.170  1.  Before imposing any disciplinary order, the board shall:

      (a) At least 10 days prior to the date set for hearing, notify the licensee or applicant in writing of any charges made.

      (b) Afford the accused an opportunity to be heard in person or by counsel in reference thereto.

      2.  Written notice may be served by delivery of the same personally to the accused or by mailing the same by registered or certified mail to the place of business last theretofore specified by the accused as registered with the board.

      3.  At the time and place fixed in the notice, the board shall proceed to hear the charges. [The accused and the complainant shall be accorded ample opportunity to present in person or by counsel such statements, testimony, evidence and argument as may be pertinent to the charges or to any defense thereto.]

      4.  If the board is not sitting at the time and place fixed in the notice, or at the time and place to which hearing has been continued, the board shall continue the hearing for a period not to exceed 30 days.

      Sec. 87.  NRS 654.190 is hereby amended to read as follows:

      654.190  1.  The board may, after notice and hearing, suspend or revoke the license of any skilled nursing facility administrator for any of the following:

      (a) The conviction of a felony, or of any offense involving moral turpitude.

      (b) Obtaining a license by the use of fraud or deceit.

      (c) The violation of any of the provisions of this chapter.

      (d) Aiding or abetting any person in the violation of any of the provisions of NRS 449.001 to 449.240, inclusive, as such provisions pertain to skilled nursing facilities.

      (e) The violation of any [rule or] regulation of the board prescribing additional standards of conduct for skilled nursing facility administrators.

      2.  The board shall give a licensee against whom proceedings are brought under this section written notice of hearing not less than 10 days prior to the date of such hearing.


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      [3.  Hearings for the suspension or revocation of a license issued under this chapter shall be governed by the Nevada Administrative Procedure Act.]

      Sec. 88.  NRS 659.055 is hereby amended to read as follows:

      659.055  [1.]  Any person aggrieved by any decision of the superintendent made under NRS 659.045 [shall] may appeal to the state board of finance [,] if a review of such decision is desired. If an appeal is taken, the state board of finance shall conduct a full hearing. [in accordance with the provisions of the Nevada Administrative Procedure Act.

      2.  Any person aggrieved by a final decision of the state board of finance may obtain a review of such decision solely on the record made before the state board of finance, with no trial de novo, limited or otherwise, by filing a petition in the district court as provided in subsection 2 of NRS 233B.130.]

      Sec. 89.  NRS 673.047 is hereby amended to read as follows:

      673.047  1.  Any association aggrieved by any action of the commissioner or by his failure to act under the provisions of this chapter may appeal therefrom to the board. The association shall file a written statement of objections with the chairman of the board within 30 days after the action of the commissioner or after his failure to act. A copy of the statement of objections shall be filed simultaneously with the commissioner.

      2.  Within 10 days after the filing of such statement of objections with the chairman, the board shall fix a date for a hearing on the objections. Written notice shall be given to the objecting association and to the commissioner stating the date of the hearing. The date of the hearing shall not be earlier than 15 days nor later than 30 days after the date of the notice, unless the board determines that an earlier hearing is necessary or advisable. Upon written agreement between the parties the board may extend the time for the hearing to the time agreed upon by the parties.

      3.  [At the hearing, the association may be represented by an attorney, and may show by its directors, officers, employees and other witnesses the reasons why it deems itself aggrieved by the commissioner’s action or failure to act. The commissioner may be represented by an attorney, and shall be heard in defense of his action or his failure to act. Other interested persons who may be affected by the board’s decision may be permitted to appear and testify.

      4.]  Upon the conclusion of the hearing, the board shall excuse the representatives of the association, the commissioner and all other persons present, and shall determine the facts. The board [may,] shall, in writing, either approve, disapprove or modify the action of the commissioner or approve or disapprove of his failure to act.

      [5.]4.  The board’s written findings and decision [shall be] are subject to review by the state board of finance if written demand therefor is filed with the secretary of the state board of finance within 30 days after the rendition of the findings and decision. [of the savings association board.

      6.  Any association shall have the right to appeal to the courts of the State of Nevada from any decision of the board after review thereof by the state board of finance as provided in subsection 5.]


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      Sec. 90.  NRS 673.484 is hereby amended to read as follows:

      673.484  [1.]  The commissioner may after notice and hearing suspend or revoke the charter of any association for repeated failure to abide by the provisions of this chapter or the [rules and] regulations [promulgated] adopted thereunder.

      [2.  Any association aggrieved by the action of the commissioner pursuant to this section is entitled to judicial review of such action as provided in NRS 233B.130.]

      Sec. 91.  NRS 675.410 is hereby amended to read as follows:

      675.410  If the superintendent finds that probable cause for revocation of any license exists and that enforcement of this chapter requires immediate suspension of such license pending investigation, he may, upon 5 days’ written notice and a hearing, enter an order suspending such license for a period not exceeding 20 days, pending [the holding of] a hearing [as prescribed in the Nevada Administrative Procedure Act (Chapter 233B of NRS).] upon the revocation.

      Sec. 92.  NRS 676.310 is hereby amended to read as follows:

      676.310  1.  The superintendent may, [following a] after notice and hearing, [as provided by NRS 233B.121,] enter an order:

      (a) Denying a license to any applicant who fails to establish, at such hearing, its financial responsibility, experience, character and general fitness to engage in debt adjusting; or

      (b) Revoking the license of a licensee who fails to overcome, at such hearing, the probable cause for such revocation found by the superintendent.

      2.  The denial, suspension or revocation of a license, as provided in this chapter, shall not impair nor affect the obligation under any lawful debt-adjusting contract.

      Sec. 93.  NRS 677.500 is hereby amended to read as follows:

      677.500  If the director finds that probable cause for revocation of any license exists and that enforcement of this chapter requires immediate suspension of such license pending investigation, he may, upon 5 days’ written notice and without a hearing, enter an order suspending such license for a period not exceeding 20 days pending the holding of a hearing. [as prescribed in chapter 233B of NRS.]

      Sec. 94.  NRS 678.250 is hereby amended to read as follows:

      678.250  The commissioner of credit unions shall administer the provisions of this chapter, subject to administrative supervision by the director and the credit union advisory council. He shall make the decisions and determinations and adopt regulations [pursuant to chapter 233B of NRS] which are necessary or reasonably appropriate to accomplish the purposes of this chapter. [This chapter does not prevent any person affected by any order, ruling, proceeding, act or action of the commissioner or any person acting on his behalf, from testing the validity of the action in any court of competent jurisdiction through injunction, appeal, error or other proper process or proceeding, mandatory or otherwise.]

      Sec. 95.  NRS 678.830 is hereby amended to read as follows:

      678.830  1.  If the division determines that any credit union organized pursuant to the provisions of this chapter is bankrupt or insolvent, has willfully violated the provisions of this chapter or is operating in an unsafe or unsound manner, the division may, if emergency action is required to protect the assets of the members, issue an order temporarily suspending the credit union’s operations.


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has willfully violated the provisions of this chapter or is operating in an unsafe or unsound manner, the division may, if emergency action is required to protect the assets of the members, issue an order temporarily suspending the credit union’s operations. [Notice] Reasonable notice of the suspension of operations and of the impending hearing shall be given to the board. [in accordance with the provisions of NRS 233B.121.] Operations of the credit union shall cease upon receipt of notice from the division.

      2.  At the scheduled hearing, the board shall, if it desires to continue operations, submit a plan of corrective actions. If the board desires, it may, prior to the hearing, request the commissioner to declare the credit union insolvent and appoint a liquidating agent.

      3.  If the credit union is not represented at the scheduled hearing or the division rejects the credit union’s plan to continue operations, the commissioner may appoint a liquidating agent and dissolve the credit union.

      [4.  Any credit union aggrieved by the action of the commissioner or division pursuant to this section is entitled to judicial review and a stay of such action pursuant to NRS 233B.130 and 233B.140.]

      Sec. 96.  NRS 679B.130 is hereby amended to read as follows:

      679B.130  1.  [Subject to applicable requirements and procedures of chapter 233B of NRS (Nevada Administrative Procedure Act), the] The commissioner may [make] adopt reasonable [rules and] regulations for, or as an aid to, the administration or effectuation of any provision or provisions of this code. [No such rule or] A regulation shall not extend, modify or conflict with any law of this state or the reasonable implications thereof.

      2.  Willful violation of any such [rule or] regulation shall subject the violator to such suspension or revocation of a certificate of authority or license, or administrative fine in lieu of such suspension or revocation, as may be applicable under this code for violation of the provision to which such [rule or] regulation relates; but no penalty shall apply to any act done or omitted in good faith in conformity with any such [rule or] regulation, notwithstanding that such [rule or] regulation may, after such act or omission, be amended or rescinded or determined by judicial or other authority to be invalid for any reason.

      Sec. 97.  NRS 679B.330 is hereby amended to read as follows:

      679B.330  1.  The commissioner may hold a hearing in Carson City, Nevada, or any other place of convenience to parties and witnesses, as the commissioner determines. The commissioner, or his deputy or assistant, shall preside at the hearing, and shall expedite the hearing and all procedures involved therein.

      2.  [Any party to the hearing shall have the right to appear in person and by counsel, to be present during the giving of all evidence, to have a reasonable opportunity to inspect all documentary and other evidence and to examine and cross-examine witnesses, to present evidence in support of his interest and to have subpenas issued by the commissioner to compel attendance of witnesses and production of evidence in his behalf.] Testimony may be taken orally or by deposition, and any party shall have such right of introducing evidence by interrogatories or deposition as may obtain in a district court.


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ê1977 Statutes of Nevada, Page 98 (Chapter 29, SB 63)ê

 

right of introducing evidence by interrogatories or deposition as may obtain in a district court.

      3.  Upon good cause shown the commissioner shall permit to become a party to the hearing by intervention, if timely, only such persons, not original parties thereto, whose pecuniary interests are to be directly and immediately affected by the commissioner’s order made upon the hearing.

      4.  [Formal rules of pleading or evidence need not be observed at any hearing.

      5.]  The commissioner shall cause a full stenographic record of the proceedings to be made. If transcribed, a copy of such record shall be part of the commissioner’s record of the hearing; and a copy shall be furnished to any other party to the hearing, at the request and expense of such other party. If no such record is transcribed, the commissioner shall prepare a summary record of the proceedings and evidence.

      Sec. 98.  NRS 679B.370 is hereby amended to read as follows:

      679B.370  1.  Except as to matters arising under chapter 686B of NRS (rates and rating organizations), an appeal from the commissioner shall be taken only from an order on hearing, or as to a matter on which the commissioner has refused or failed to hold a hearing after application therefor under NRS 679B.310, or as to a matter concerning which the commissioner has refused or failed to make his order on hearing as required by NRS 679B.360.

      2.  Any person who was a party to such hearing or whose pecuniary interests are directly and immediately affected by any such refusal or failure, and who is aggrieved by such order, refusal or failure, may [appeal from] petition for judicial review of such order or [upon] any such matter within 60 days after:

      (a) The order on hearing has been mailed or delivered to the persons entitled to receive the same, or given by last publication thereof where delivery by publication is permitted; [or]

      (b) The commissioner has refused or failed to make his order on hearing as required under NRS 679B.360; or

      (c) The commissioner has refused or failed to grant or hold a hearing as required under NRS 679B.310.

      3.  [The appeal shall be granted as a matter of right, and shall be taken to the district court of Carson City or of any county in which the petitioner resides or has his principal offices in this state.

      4.  The appeal shall be taken by filing in the court a verified petition stating the grounds upon which the review is sought, together with] The petitioner shall file a bond with good and sufficient sureties to be approved by the court conditioned to pay all costs which may be assessed against the [appellant or] petitioner in such proceedings. [, and by serving a copy of the petition upon the commissioner. If the appeal is from the commissioner’s order on hearing, the petitioner shall also deliver to the commissioner a sufficient number of copies of the petition and the commissioner shall mail or otherwise furnish a copy thereof to the other parties to the hearing to the same extent as a copy of the commissioner’s order is required to be furnished to the hearing parties under NRS 679B.360.

      5.  Upon receiving the petition for review, the commissioner shall cause to be prepared an official record certified by him, which shall contain a copy of all proceedings and orders of the commissioner appealed from the transcript of testimony and evidence or summary record thereof made as provided in NRS 679B.330.


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ê1977 Statutes of Nevada, Page 99 (Chapter 29, SB 63)ê

 

cause to be prepared an official record certified by him, which shall contain a copy of all proceedings and orders of the commissioner appealed from the transcript of testimony and evidence or summary record thereof made as provided in NRS 679B.330. Within 30 days after the petition was served upon him the commissioner shall file such official record with the court in which the appeal is pending.

      6.  Upon filing of the petition for review the court shall have full jurisdiction of the proceeding. Such filing shall not stay the enforcement of the commissioner’s order or action appealed from unless so stayed by order of the court.

      7.  If the appeal is from] 4.  Unless the petition is for review of the commissioner’s order on hearing, [the review of the court shall be limited to matters shown by the commissioner’s official record; otherwise] the review shall be de novo. The court shall have the power, by preliminary order, to settle questions concerning the completeness and accuracy of the commissioner’s official record.

      [8.]5.  In its discretion, the court may remand the case to the commissioner for further proceedings in accordance with the court’s directions. [; or, in advance of judgment and upon a sufficient showing, the court may remand the case to the commissioner for the purpose of taking additional testimony or other proceedings. Subsection 5 of NRS 233B.140 shall apply to the appeals provided for herein.

      9.  From the judgment of the district court either the commissioner or other party to the appeal may appeal directly to the Supreme Court of the State of Nevada in the same manner as is provided in civil cases.]

      Sec. 99.  NRS 685A.210 is hereby amended to read as follows:

      685A.210  1.  The commissioner may [make or approve and] adopt reasonable [rules and] regulations, consistent with the Surplus Lines Law, for any and all of the following purposes:

      (a) Effectuation of the law;

      (b) Establishment of procedures through which determination is to be made as to the eligibility of particular proposed coverages for export; and

      (c) Establishment, procedures and operations of any voluntary organization of surplus lines brokers or others designed to assist such brokers to comply with the Surplus Lines Law, and for the collection on behalf of the state and remission to the commissioner of the tax on surplus lines coverages provided for in NRS 685A.180.

      2.  Such [rules and] regulations [shall be subject to the procedures and] carry the penalty provided by NRS 679B.130.

      Sec. 100.  NRS 689.215 is hereby amended to read as follows:

      689.215  1.  After giving written notice of charges to the seller, not less than 30 days in advance of hearing, the administrator may, after hearing, [which shall be held pursuant to the provisions of chapter 233B of NRS,] revoke the seller’s certificate of authority if the seller:

      (a) Obtained his certificate of authority through misrepresentation or concealment of a material fact;

      (b) Is no longer qualified for such certificate of authority; or

      (c) Knowingly violates any provision of this chapter or any lawful order [, rule] or regulation of the administrator.

      2.  If a seller is found to be in violation or paragraph (c) of subsection 1, the administrator may, in lieu of revocation, suspend the seller’s certificate of authority for a period not to exceed 90 days.


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ê1977 Statutes of Nevada, Page 100 (Chapter 29, SB 63)ê

 

1, the administrator may, in lieu of revocation, suspend the seller’s certificate of authority for a period not to exceed 90 days.

      Sec. 101.  NRS 692C.490 is hereby amended to read as follows:

      692C.490  1.  Any person aggrieved by any act, determination, [rule,] regulation, order or any other action of the commissioner pursuant to this chapter may [appeal therefrom to the First Judicial District Court] petition for review thereof in the district court in and for Carson City. The court shall conduct its review without a jury and by trial de novo, except that if all parties including the commissioner so stipulate, the review shall be confined to the record. Portions of the record may be introduced by stipulation into evidence in a trial de novo as those parties so stipulating.

      2.  The filing of an appeal pursuant to this section shall stay the application of any such [rule,] regulation, order or other action of the commissioner to the appealing party unless the court, after giving such party notice and an opportunity to be heard, determines that such a stay would be detrimental to the interests of policyholders, shareholders, creditors or the public.

      3.  Any person aggrieved by any failure of the commissioner to act or make a determination required by this chapter, may petition the [First Judicial District Court] district court in and for Carson City for a writ [in the nature] of [a] mandamus [or a peremptory mandamus] directing the commissioner to act or make such determination forthwith.

      Sec. 102.  NRS 703.270 is hereby amended to read as follows:

      703.270  The chairman, acting through the division, shall:

      1.  Adopt regulations. [pursuant to chapter 233B of NRS.]

      2.  Prepare any reports necessary to carry out the provisions of NRS 703.250 to 703.280, inclusive.

      3.  Prepare any reports requested by the governor or by the legislature.

      Sec. 103.  NRS 706.8818 is hereby amended to read as follows:

      706.8818  1.  For each county of this state to which NRS 706.881 to 706.885, inclusive, apply, the governor shall, until December 31, 1971, appoint a taxicab authority consisting of three persons, who shall serve at his pleasure. On and after January 1, 1972, a taxicab authority shall consist of three members appointed by the governor. Of the first taxicab authority appointed, one member shall be appointed for a term of 1 year, one member for 2 years, and one member for 3 years. Vacancies occurring as a result of the expiration of such terms shall be filled by appointment for terms of 3 years. No member may serve for more than 6 years. No more than two of such persons may be members of the same political party, and no elected officer of the state or any political subdivision is eligible for appointment.

      2.  Each member of the taxicab authority is entitled to receive as compensation $40 for each day actually employed on work of the authority, and reimbursement for necessary travel and per diem expenses in the manner provided by law.

      3.  The taxicab authority may [, in accordance with the provisions of chapter 233B of NRS, make] adopt appropriate [rules and] regulations for the administration and enforcement of NRS 706.881 to 706.885, inclusive, as it may deem necessary, for the conduct of the taxicab business and the qualifications of and the issuance of permits to taxicab drivers, not inconsistent with the provisions of NRS 706.881 to 706.885, inclusive.


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ê1977 Statutes of Nevada, Page 101 (Chapter 29, SB 63)ê

 

business and the qualifications of and the issuance of permits to taxicab drivers, not inconsistent with the provisions of NRS 706.881 to 706.885, inclusive. Local law enforcement agencies and the Nevada highway patrol, upon request of the taxicab authority, may assist in enforcing the provisions of NRS 706.881 to 706.885, inclusive, and [rules and] regulations adopted pursuant thereto.

      4.  Except to the extent of any inconsistency with the provisions of NRS 706.881 to 706.885, inclusive, every [rule,] regulation and order issued by the public service commission of Nevada shall remain effective in a county to which NRS 706.881 to 706.885, inclusive, apply until modified or rescinded by the taxicab authority, and shall be enforced by the taxicab authority.

      Sec. 104.  NRS 361.875, 445.204, 445.347, 445.591, 454.376, 459.110, 459.130, 489.330, 523.040, 534A.030, 583.531, 618.355, 618.615, 623A.340, 625.465, 631.193, 631.370, 632.410, 636.400, 637A.280, 637A.320, 639.254, 641A.390, 642.520, 644.450, 645.750, 645A.120, 648.180, 649.405, 673.085, 689.415, 695C.040 and 703.170 are hereby repealed.

      Sec. 105.  The legislature does not intend by this act to enlarge or curtail any substantive right, but to make explicit the changes in procedural rights and duties implied by the enactment and amendment of chapter 233B of NRS and to remove provisions of other statutes which repeat provisions of chapter 233B.

 

________

 

 

CHAPTER 30, SB 175

Senate Bill No. 175–Committee on Finance

CHAPTER 30

AN ACT making an additional and supplemental appropriation from the state general fund for the support of the Nevada state prison; and providing other matters properly relating thereto.

 

[Approved March 3, 1977]

 

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 Nevada state prison the sum of $400,481 for the fiscal year ending June 30, 1977, as an additional and supplemental appropriation to those allowed and made by section 35 of chapter 679, Statutes of Nevada 1975.

      Sec. 2.  After June 30, 1977, any unencumbered balance of the appropriation made by subsection 1 shall not be encumbered and shall revert to the state general fund.

      Sec. 3.  This act shall become effective upon passage and approval.

 

________

 

 


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ê1977 Statutes of Nevada, Page 102ê

 

CHAPTER 31, SB 125

Senate Bill No. 125–Committee on Commerce and Labor

CHAPTER 31

AN ACT relating to the department of commerce; setting apart certain of its revenues for the use of the department; revising the fee requirement for examination of business of certain licensees; and providing other matters properly relating thereto.

 

[Approved March 3, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 677.390 is hereby amended to read as follows:

      677.390  All fees and charges collected under the provisions of this chapter shall be [paid into the general fund] deposited in the state treasury [.] to the credit of the appropriate account within the state general fund for the use of the department of commerce. At the end of a fiscal year the unused balance of any amounts collected pursuant to this chapter shall not revert to the general fund.

      Sec. 2.  NRS 677.430 is hereby amended to read as follows:

      677.430  1.  At least once each year, the director or his duly authorized representatives shall make an examination of the place of business of each licensee and of the loans, transactions, books, papers and records of such licensee so far as they pertain to the business licensed under this chapter.

      2.  For each examination the director shall charge and collect from the licensee a [fee of $10] reasonable fee for each man-hour expended in conducting the examination and preparing and typing the examination report.

      Sec. 3.  NRS 678.260 is hereby amended to read as follows:

      678.260  The commissioner shall:

      1.  Adopt a regulation establishing the minimum surety bond coverage required of credit unions in relation to the amount of property under their control [;] .

      2.  Maintain the original application of every credit union in a permanent file [;] .

      3.  Maintain for at least 6 years, every report filed by a credit union with the division [;] .

      4.  Deposit all fees, charges for expenses, assessments and other moneys which are collected pursuant to the provisions of this chapter or any regulation promulgated thereunder, [into the general fund] in the state treasury [; and] to the credit of the appropriate account within the state general fund for the use of the department of commerce. At the end of a fiscal year the unused balance of any amounts collected pursuant to this chapter shall not revert to the general fund.

      5.  Prepare copies of articles of incorporation and bylaws consistent with the provisions of this chapter which may be used by persons interested in organizing a credit union.

 

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ê1977 Statutes of Nevada, Page 103ê

 

CHAPTER 32, SB 112

Senate Bill No. 112–Committee on Finance

CHAPTER 32

AN ACT making an additional and supplemental appropriation from the state general fund to the central data processing division of the department of general services for the completion and operation of an automated personnel and payroll system; and providing other matters properly relating thereto.

 

[Approved March 3, 1977]

 

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 central data processing division of the department of general services the sum of $48,400, for the completion and operation of the automated personnel and payroll system, as an additional and supplemental appropriation to that allowed and made by section 1 of chapter 150, Statutes of Nevada 1975.

      Sec. 2.  After June 30, 1977, the unencumbered balance of the appropriation made in section 1 shall not be encumbered and shall revert to the state general fund.

      Sec. 3.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 33, SB 96

Senate Bill No. 96–Committee on Education, Health and Welfare and State Institutions

CHAPTER 33

AN ACT to amend NRS 435.360, relating to the age limitation for detention of the mentally retarded, by reducing the maximum age for detention from age 21 to age 18.

 

[Approved March 3, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 435.360 is hereby amended to read as follows:

      435.360  1.  No mentally retarded client may be detained in a division facility after reaching the age of [21] 18 unless:

      (a) Such client makes voluntary application for services which the division is designed and equipped to provide; or

      (b) The division initiates proceedings, within 3 working days, for commitment when such procedure can be shown to be in the client’s own best interest.

      2.  In no case shall the parents or relatives be responsible for the costs of further care and treatment within a division facility of a mentally retarded client [21] 18 years of age or older.

      3.  Under subsection 1, the client or his estate, when able, may be required to contribute a reasonable amount toward the costs of care and treatment. Otherwise, the full costs of such services shall be borne by the state.

 

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ê1977 Statutes of Nevada, Page 104ê

 

CHAPTER 34, SB 51

Senate Bill No. 51–Committee on Finance

CHAPTER 34

AN ACT making an appropriation from the state general fund to the Nevada state prison for the purchase of certain equipment and for the payment of transfer expenses of certain employees.

 

[Approved March 3, 1977]

 

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 Nevada state prison the sum of $289,233 to purchase equipment for the southern Nevada correctional center and to pay the transfer expenses of experienced employees who are assigned to the center from northern Nevada.

      Sec. 2.  After June 30, 1979, the unencumbered balance of the appropriation made in section 1 shall not be encumbered and shall revert to the state general fund.

      Sec. 3.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 35, AB 174

Assembly Bill No. 174–Committee on Taxation

CHAPTER 35

AN ACT relating to property tax; changing the latest dates for county assessors to file tax rolls and segregations of the rolls with the state board of equalization; and providing other matters properly relating thereto.

 

[Approved March 3, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 361.390 is hereby amended to read as follows:

      361.390  [On or before the 1st Monday in April, each] Each county assessor shall:

      1.  [Prepare and file with the secretary of the state board of equalization a report showing the segregation of property and the assessment thereof shown on the tax roll for the current year; and

      2.]  File with or cause to be filed with the secretary of the state board of equalization, on or before the first Monday in February of each year, the tax roll, or a true copy thereof, of his county; and [for such current year as corrected by the county board of equalization.]

      2.  Prepare and file with the secretary of the state board of equalization, on or before March 25 of each year, a report showing the segregation of property and the assessment thereof shown on the tax roll for the current year.

      Sec. 2.  This act shall become effective upon passage and approval.

 

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ê1977 Statutes of Nevada, Page 105ê

 

CHAPTER 36, SB 49

Senate Bill No. 49–Committee on Finance

CHAPTER 36

AN ACT making an appropriation from the state general fund to the contingency fund.

 

[Approved March 3, 1977]

 

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 contingency fund created pursuant to NRS 353.266 the sum of $2,370,941.

      Sec. 2.  This act shall become effective upon passage and approval.

 

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CHAPTER 37, SB 28

Senate Bill No. 28–Senator Dodge

CHAPTER 37

AN ACT relating to Churchill County; authorizing the sale of the Fallon state fairgrounds and directing the proceeds to be used to improve other real property for public use; and providing other matters properly relating thereto.

 

[Approved March 7, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Pursuant to section 2 of chapter 89, Statutes of Nevada 1951, the county of Churchill, a political subdivision of the State of Nevada, is hereby authorized to sell all that certain real property, together with the improvements thereon, formerly known as the Fallon state fair grounds, situate in and near the city of Fallon in Churchill County, and being situate in the southeast one-quarter (SE1/4) of section twenty-five (25), township nineteen (19) north, range twenty-eight (28) east, M.D.B. and M., and more particularly bounded and described as follows:

      Commencing at the section corner common to sections 25, 30, 36, 31, township 19 N., range 28 and 29 east, M.D.B. & M.; running thence S. 89º51′ W. 1624.2 feet on the center line of Williams Ave., which is the section line between sections 30 and 31, T. 19 N., R. 29 east, extended, running thence north 0º09′ west 33.25 feet to the point of beginning. From thence running south 89º51′ west 530 feet, thence north 0º09′ west 58.93 feet to a point, from thence east and north on the arc of a circle 561.5 feet more or less, the radius of which circle is 480.17 feet (the center of said circle being more particularly described as a point 480.17 feet north 0º09′ west of the point last before mentioned), running thence north 89º51′ east 80 feet, thence south 0º09′ east 350 feet to the point of beginning.

      Commencing at the section corner common to sections 25, 30, 36, and 31, township 19 north, range 28 and 29 east, M.D.B. & M., running thence south 89º51′ west 1624.2 feet on the center line of Williams Avenue, which is the section line between sections 30 and 31, township 19 north, range 29 east extended; running thence north 0º09′ west 33.25 feet to the point of beginning; thence south 89º51′ west 530 feet; thence north 0º09′ west 350 feet; thence north 89º51′ east 530 feet; thence south 0º09′ east 350 feet to the point of beginning, containing 4.52 acres.


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ê1977 Statutes of Nevada, Page 106 (Chapter 37, SB 28)ê

 

thence south 89º51′ west 1624.2 feet on the center line of Williams Avenue, which is the section line between sections 30 and 31, township 19 north, range 29 east extended; running thence north 0º09′ west 33.25 feet to the point of beginning; thence south 89º51′ west 530 feet; thence north 0º09′ west 350 feet; thence north 89º51′ east 530 feet; thence south 0º09′ east 350 feet to the point of beginning, containing 4.52 acres.

      Commencing at the southeast corner of said section 25, running thence south 89º51′ west 1624.2 feet on the center line of Williams Avenue, thence north 0º09′ west 383.25 feet to an iron pipe stake set in the ground, the point of beginning and the southeast corner of the parcel and the northeast corner of the present state fair grounds, continuing thence on the same course north 0º09′ west 268.4 feet to a 3/4² iron pipe stake set in the ground, the northeast corner of the parcel, thence south 89º51′ west 671 feet to a 3/4² iron pipe stake set in the ground, the northwest corner of the parcel, then south 5º45′ west 24.5 feet to a fence corner, thence south 14º37′ east 253.7 feet on the fence line as now constructed to a fence corner, thence north 84º40′ east 84 feet on a fence line as now constructed to the point of intersection with the west boundary line of the present state fair grounds, thence north 0º09′ west on the west boundary line of the said state fair grounds 3.5 feet to the northwest corner of the said present state fair grounds, thence north 89º51′ east on the north boundary line of the said present state fair grounds 530 feet to the point of beginning.

      All of said above-described parcels of land containing 8.26 acres more or less.

      Sec. 2.  Proceeds derived from the sale of the real property described in section 1 shall be utilized to improve other real property located in Churchill County for public use.

      Sec. 3.  This act shall become effective upon passage and approval.

 

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CHAPTER 38, SB 148

Senate Bill No. 148–Committee on Legislative Functions

CHAPTER 38

AN ACT relating to the legislature; providing for the payment of certain travel expenses for employees; providing a communication allowance for committee chairmen; and providing other matters properly relating thereto.

 

[Approved March 7, 1977]

 

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.  [Notwithstanding the provisions of NRS 281.160 or any other law, the] The per diem expense allowance and the travel and telephone expenses of senators and assemblymen duly elected or appointed and in attendance at any session of the legislature shall be allowed in the manner set forth in this section.


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ê1977 Statutes of Nevada, Page 107 (Chapter 38, SB 148)ê

 

      2.  For initial travel from his home to Carson City, Nevada, to attend a regular or special session of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a regular or special session of the legislature, each senator and assemblyman shall receive:

      (a) A per diem expense allowance of $40 for one day’s travel to and one day’s travel from regular and special sessions of the legislature.

      (b) Travel expenses computed at the rate of 17 cents per mile traveled.

      3.  In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman [shall be] is entitled to receive a supplemental travel allowance which shall not exceed:

      (a) A total of $1,700 during each regular session of the legislature; and

      (b) A total of $710 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 hearings [.] , computed at the rate of 17 cents per mile.

      4.  Each senator and assemblyman shall be allowed for each day that the legislature is in regular or special session a per diem allowance of $40 per day.

      5.  Each senator and assemblyman [shall be] is entitled to receive not to exceed the total sum of $500 as a telephone allowance 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 to exceed the total sum of $200 during each special session of the legislature.

      6.  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.

      7.  Claims for expenses made under the provisions of this section shall be made in the same manner as other claims are made against the state, and shall be allowed and paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 shall be allowed and paid once each week during a legislative session.

      Sec. 2.  Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The chairman of each standing committee of each house of the legislature is entitled to an allowance of not more than $100 for each regular session and $40 for each special session, for the payment of postage, telephone tolls and other communication charges incurred by him in the performance of his duties as chairman, to be paid from the legislative fund.

      Sec. 3.  This act shall become effective upon passage and approval.

 

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ê1977 Statutes of Nevada, Page 108ê

 

CHAPTER 39, AB 25

Assembly Bill No. 25–Assemblyman Barengo

CHAPTER 39

AN ACT relating to estates of decedents; requiring notice of application for attorneys’ fees in summary administration; and providing other matters properly relating thereto.

 

[Approved March 8, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 145.050 is hereby amended to read as follows:

      145.050  1.  The order for summary administration of the estate shall:

      (a) Dispense with all regular proceedings and further notices, except for the notice to creditors of the appointment of the executor or administrator [.] and notice of application for attorneys’ fees.

      (b) Provide that an inventory and appraisement or record of value [shall] be made and returned to the court.

      2.  The notice to creditors of the appointment of the executor or administrator shall be given by publication if the cost does not exceed $25, in a newspaper printed in the county where the proceedings are pending, if there is such a newspaper; if not, then in one having general circulation in the county. If the cost of publication will exceed $25, the notice shall be given in such manner as the court may require.

      3.  If a notice to creditors of the appointment of the executor or administrator is published in a weekly newspaper, the notice must appear therein on a total of three dates of publication; and if in a newspaper published [oftener] more often than once a week, the notice shall be so published that there will be at least 10 days from the first to the last dates of publication (both first and last days being included) and at least three issues during this period.

      4.  The notice to creditors shall be substantially in the following form:

 

Notice to Creditors

 

      Notice is hereby given that the undersigned has been duly appointed and qualified by the (giving the title of the court and the date of appointment), as executor or administrator (as the case may be) of the estate of .............................., deceased. All creditors having claims against the estate are required to file the same, with proper vouchers attached, with the clerk of the court, within 60 days after the first publication of this notice.

      Date ...................................................

 

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ê1977 Statutes of Nevada, Page 109ê

 

CHAPTER 40, SB 213

Senate Bill No. 213–Committee on Finance

CHAPTER 40

AN ACT making an appropriation from the state general fund to the legislative fund.

 

[Approved March 8, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  There is hereby appropriated from the state general fund to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $500,000.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 41, AB 88

Assembly Bill No. 88–Committee on Health and Welfare

CHAPTER 41

AN ACT relating to public child welfare services; relieving the welfare division of the department of human resources from responsibility for foster home care of children paroled from correctional institutions; requiring the division to provide certain child welfare services; and providing other matters properly relating thereto.

 

[Approved March 8, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 432.020 is hereby amended to read as follows:

      432.020  The welfare division [is hereby authorized and empowered:] shall:

      1.  [To provide] Provide maintenance and special services to:

      (a) Unmarried mothers and children awaiting adoptive placement.

      (b) Handicapped children who are receiving specialized care, training or education.

      (c) Children who are placed in the custody of the welfare division, and who are placed in foster homes, homes of relatives other than parents, group care facilities or other care centers or institutions, but payment for children who are placed in the northern Nevada children’s home or the southern Nevada children’s home shall be made in accordance with the provisions of NRS 423.210.

      [(d) Children under the jurisdiction and in the custody of the Nevada youth training center or the Nevada girls training center who are referred to the welfare division as requiring foster home care upon being paroled from such school.

      2.]  If any child is placed in the custody of the welfare division, pursuant to any court order or request, such order or request shall be issued or made only after an opportunity for a hearing has been given to the welfare division pursuant to summons or other notice, or upon request of the welfare division.


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ê1977 Statutes of Nevada, Page 110 (Chapter 41, AB 88)ê

 

to the welfare division pursuant to summons or other notice, or upon request of the welfare division.

      [3.  To return] 2.  Return a child to his natural home or home of a competent relative for a probationary period any time after the expiration of 60 days from the placement of the child in the custody of the welfare division, with notification to but without formal application to a court, but the welfare division [shall retain] retains the right to custody of the child during such period, until a court of competent jurisdiction determines proper custody of the child.

      [4.  To accept] 3.  Accept moneys from and cooperate with the United States or any of its agencies in carrying out the provisions of this chapter and of any federal acts pertaining to public child welfare and youth services, [including those related to the prevention and treatment of juvenile delinquency and other matters of mutual concern,] insofar as such acceptance may be legally delegated by the legislature to the welfare division.

      Sec. 2.  NRS 432.030 is hereby amended to read as follows:

      432.030  [Nothing in this or any other law shall be construed as authorizing any employee of the welfare division to] No employee of the welfare division may provide maintenance and special services for any child except:

      1.  Upon the request of a child whom the welfare division determines to be emancipated; or

      2.  Pursuant to court order or request; or

      3.  Upon referral of appropriate law enforcement officials for emergency care. [; or

      4.  Upon referral by the Nevada youth training center or the Nevada girls training center for foster home care.]

      Sec. 3.  NRS 432.040 is hereby amended to read as follows:

      432.040  1.  In the case of placement of a child under the provisions of paragraph (c) of subsection 1 of NRS 432.020, 100 percent of the nonfederal share of all expenses for special services, and 66 2/3 percent of the nonfederal share of all expenses for maintenance, shall be paid from moneys which may be provided to the welfare division by direct legislative appropriation. Thirty-three and one-third percent of the nonfederal share of all expenses for maintenance shall be paid by the county from which the child was placed.

      2.  In the case of unmarried mothers, children awaiting adoptive placement [, children referred by the Nevada youth training center or Nevada girls training center as requiring foster home care] and handicapped children who are receiving specialized care, training or education, 100 percent of the nonfederal share of expenses for maintenance and special services shall be paid from moneys which may be provided to the welfare division by direct legislative appropriation.

 

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ê1977 Statutes of Nevada, Page 111ê

 

CHAPTER 42, AB 258

Assembly Bill No. 258–Committee on Ways and Means

CHAPTER 42

AN ACT to amend an act entitled: “An Act relating to the University of Nevada, Las Vegas; authorizing the board of regents to agree to lease or lease to the Federal Government facilities to be acquired at the university; authorizing the issuance and sale of securities in accordance with the act and with the University Securities Law to pay for such acquisition; providing for the payment of the securities, operation and maintenance expenses and ground rent; and providing other matters properly relating thereto,” approved April 11, 1975.

 

[Approved March 9, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Section 5 of the above-entitled act, being chapter 200, Statutes of Nevada 1975, at page 237, is hereby amended to read as follows:

 

       Sec. 5.  1.  If the agreement to make the lease or the lease referred to in section 4 of this act is executed by the board of regents and the Federal Government, then the board of regents, on the behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:

       (a) To construct and otherwise acquire facilities on the University of Nevada, Las Vegas, campus for the purpose provided in section 4 of this act;

       (b) To issue bonds and other securities of the university, in a total principal amount of not exceeding $10,000,000, in one series or more at any time or from time to time, as the board may determine, payable from the net pledged revenues, secured by a pledge thereof and a lien thereon, for the purpose of defraying wholly or in part the cost of the project, subject to the limitations in paragraph (a) of this subsection;

       (c) To employ legal, fiscal and other expert services to defray the cost thereof with any [moneys] money available therefor, including, without limitation, proceeds of securities authorized by this act; and

       (d) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by this act except as therein otherwise expressly provided.

       2.  Nothing in this act shall be construed as preventing the board from funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.

       3.  If federal law so requires, the board of regents may issue bonds whose interest is not exempt from federal income tax. Their determination to issue such bonds is conclusive in the absence of fraud. The rate of interest borne by securities issued pursuant to this subsection may exceed the limit provided generally for university securities by NRS 396.852, but shall not exceed that limit by more than 43 percent.

 

      Sec. 2.  This act shall become effective upon passage and approval.

 

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ê1977 Statutes of Nevada, Page 112ê

 

CHAPTER 43, SB 38

Senate Bill No. 38–Committee on Government Affairs

CHAPTER 43

AN ACT relating to public health and safety; authorizing the state board of health to regulate radioactive materials disposal sites; and providing other matters properly relating thereto.

 

[Approved March 10, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 459 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The state board of health may establish by regulation:

      1.  License fees and any other fees for the use of state-owned disposal areas in an amount sufficient to defray all costs of monitoring, securing or otherwise regulating the storage or disposal of radioactive materials and chemical wastes. The person who contracts with the state for the use of such an area is responsible for the payment of these fees.

      2.  Procedures for the collection of interest on delinquent fees and other accounts for the use of disposal areas.

      3.  Penalties of no more than $3,000 per day for each separate failure to comply with a license or agreement or $25,000 for any 30-day period for all such failures.

      Sec. 2.  Section 4 of chapter 374, Statutes of Nevada 1961, at page 756, is hereby amended to read as follows:

 

       Sec. 4.  1.  The director of the [state] department of [conservation and natural] human resources may [, with the approval of the governor, lease any of the lands described in section 2 of this act, or] enter into agreements relating to [such lands,] any of the lands described in section 2 of this act for the purpose of providing areas to dispose of low-level radioactive and hazardous chemical waste materials by burial, and for related purposes.

       2.  No such [lease or] agreement [shall] may extend for more than 99 years.

       3.  All [such] lands used as provided in subsection 1 shall be closed to the public, in [such manner as] a manner which the director of the [state] department of [conservation and natural] human resources shall prescribe, during the term of [such] the lease or agreement and thereafter until all danger to public health arising from such use no longer exists.

       4.  Regulations adopted by the state board of health for the control of disposal sites become part of each agreement entered into or renewed after the adoption of the regulations.

 

      Sec. 3.  Section 5 of chapter 374, Statutes of Nevada 1961, as amended by chapter 443, Statutes of Nevada 1963, at page 1192, is hereby amended to read as follows:

 

       Section 5.  1.  There is hereby created in the state treasury a continuing fund designated the radioactive materials disposal fund.


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ê1977 Statutes of Nevada, Page 113 (Chapter 43, SB 38)ê

 

       2.  All moneys received by the director of the [state] department of [conservation and natural] human resources as a result of leases or agreements entered into pursuant to the provisions of this act or of fees, interest or civil penalties arising from waste disposal shall be deposited in the radioactive materials disposal fund until the amount remaining in [such] the fund is, in the opinion of the director and the governor, sufficient to accomplish the purposes of this act. All [such] moneys received in excess of [such] that amount shall be deposited in the general fund in the state treasury.

       3.  Moneys in the radioactive materials disposal fund shall be used to pay the purchase price, as determined by appraisal, of the lands described in section 2 of this act, and for any other expenses necessarily incurred by the director of the [state] department of [conservation and natural] human resources in carrying out the provisions of this act, including administrative and regulatory expenses in amounts authorized by the legislature and the costs of providing [such] protection at the termination of any lease or agreement [as may be] which is necessary in the interest of public health and welfare.

       4.  At the request of the director of the [state department of conservation and natural] department of human resources, the state board of finance may invest any amount of money in the radioactive materials disposal fund in excess of $5,000 in short-term obligations. Upon the advice of the director that it is necessary or advisable to convert all or a part of the obligations into cash the state board of finance shall effect the conversion to the extent necessary, and the moneys shall be redeposited in the radioactive materials disposal fund.

 

      Sec. 4.  The director of the department of human resources is vested with the entire control, on behalf of the State of Nevada of the NW 1/4 NE 1/4 and the NE 1/4 NW 1/4 of Section 35, Township 13 South, Range 47 East, M.D.B. & M.

      Sec. 5.  The title of chapter 374, Statutes of Nevada 1961, at page 756, is hereby amended to read as follows:

 

       An Act authorizing the director of the state department of conservation and natural resources to acquire certain lands from the Federal Government and other owners and [lease them] the director of human resources to arrange for their use for the purpose of disposing of radioactive materials; providing limitations; providing for perpetual care and maintenance upon closure of the burial site; and providing other matters properly relating thereto.

 

      Sec. 6.  This act shall become effective upon passage and approval.

 

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ê1977 Statutes of Nevada, Page 114ê

 

CHAPTER 44, AB 118

Assembly Bill No. 118–Assemblymen Wagner, Schofield, Jeffrey, Gomes, Robinson, Demers, Hayes, Brookman, Westall, Coulter and Kosinski

CHAPTER 44

AN ACT relating to maternal and child health; providing for testing of newborn infants as required by the state board of health for discovery of preventable mental disorders; and providing other matters properly relating thereto.

 

[Approved March 10, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 442.115 is hereby amended to read as follows:

      442.115  1.  The state board of health, upon the recommendation of the state health officer, shall adopt regulations governing examinations and tests required for the discovery in infants of preventable inheritable disorders leading to mental retardation.

      2.  Any physician, surgeon, obstetrician, midwife, nurse, maternity home or hospital of any nature attendant on or assisting in any way whatever any infant, or the mother of any infant, at childbirth shall make or cause to be made an examination of [such] the infant, including [a] standard [test,] tests, to the extent required by regulations of the state board of health as necessary for the discovery of [phenylketonuria.] conditions indicating such disorders.

      [2.]3.  If the examination and [test] tests reveal the existence of such [a condition] conditions in an infant, the physician, surgeon, obstetrician, midwife, nurse, maternity home or hospital attendant on or assisting at the birth of [such] the infant shall immediately:

      (a) Report [such] the condition to the local health officer of the county or city within which the infant or the mother of the infant resides, and the local health officer of the county or city in which the child is born; and

      (b) Discuss the condition with the parent, parents or other persons responsible for the care of the infant and inform [such person or persons] them of the treatment necessary for the [cure] amelioration of the condition.

      [3.]4.  An infant [shall be] is exempt from examination and testing if either parent files [with the person or institution responsible for making such examination a written statement objecting to the examination.] a written objection with the person or institution responsible for making the examination or tests.

 

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ê1977 Statutes of Nevada, Page 115ê

 

CHAPTER 45, AB 279

Assembly Bill No. 279–Assemblymen Moody, Dini, Mello, Serpa, Glover, Demers, Harmon, Howard, Weise, Jacobsen, Barengo, Polish, Westall, Coulter, Goodman, Gomes, Murphy, Wagner, Rhoads, Craddock, Hayes, Sena, Dreyer, Horn, Bennett, Jeffrey, Schofield, Vergiels, Chaney, Kosinski, Price, Hickey and Kissam

CHAPTER 45

AN ACT making an appropriation to the desert research institute of the University of Nevada System for emergency weather modification activities for the Lake Tahoe and Walker River basins and for the Spring Mountains; and providing other matters properly relating thereto.

 

[Approved March 11, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  There is hereby appropriated from the state general fund to the desert research institute of the University of Nevada System the sum of $167,004 for the purpose of carrying out emergency weather modification activities for the Lake Tahoe and Walker River basins and for the Spring Mountains.

      Sec. 2.  After June 30, 1977, the unencumbered balance of the appropriation made in section 1 of this act shall not be encumbered and shall revert to the state general fund.

      Sec. 3.  This act shall become effective upon passage and approval.

 

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CHAPTER 46, AB 99

Assembly Bill No. 99–Committee on Taxation

CHAPTER 46

AN ACT relating to the Multistate Tax Compact; deleting the requirement for the Multistate Tax Compact advisory committee to hold annual meetings; and providing other matters properly relating thereto.

 

[Approved March 11, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 376.050 is hereby amended to read as follows:

      376.050  There is hereby established the Multistate Tax Compact advisory committee composed of the member of the Multistate Tax Commission representing this state, any alternate designated by him, the attorney general or his designee, and two members of the senate, appointed by the president thereof and two members of the assembly, appointed by the speaker thereof. The chairman [shall be] is the member of the commission representing this state. The committee shall meet on the call of its chairman or at the request of a majority of its members. [, but in any event it shall meet not less than once in each year.] The committee may consider any and all matters relating to recommendations of the Multistate Tax Commission and the activities of the members in representing this state thereon.

 

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ê1977 Statutes of Nevada, Page 116ê

 

CHAPTER 47, SB 114

Senate Bill No. 114–Committee on Education, Health and Welfare and State Institutions

CHAPTER 47

AN ACT relating to the state prison; revising administrative practices and accounting procedures; and providing other matters properly relating thereto.

 

[Approved March 11, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 209.115 is hereby amended to read as follows:

      209.115  1.  In addition to the salary provided by NRS 209.110, the warden [shall be] is entitled to:

      (a) The use of a residence on the grounds of or near the state prison, which shall be maintained by the state.

      (b) Heat, electricity and water for the residence.

      (c) [The use of an electric or gas cooking stove, a refrigerator and an automatic washing machine.

      (d)] Meals at the state prison without charge when supervising personnel or inmates.

      [(e)](d) The services of convicts as household servants.

      2.  [Any furnishings or appliances in use in the residence of the warden on July 1, 1960, may be continued in use in the discretion of the warden, but no replacements of such appliances or furnishings except the appliances referred to in subsection 1, may be made at state expense.

      3.]  The warden [shall receive no] is not entitled to any perquisites except those provided for in this section.

      Sec. 2.  NRS 209.130 is hereby amended to read as follows:

      209.130  1.  The warden [shall have] has the general superintendence of prison discipline and prison labor.

      2.  He shall:

      (a) Appoint, pursuant to chapter 284 of NRS, such officers and employees as the board determines to be necessary for the operation of the prison.

      (b) Engage a matron [, who may be his wife,] whenever there [shall be] are female prisoners confined in the prison.

      3.  Every regular employee employed under the provisions of this section [shall be] is entitled to 2 days off [in] during each week of service.

      Sec. 3.  NRS 209.190 is hereby amended to read as follows:

      209.190  1.  The prison revolving [fund] account in the sum of $1,500 is hereby created, and may be used for the payment of small prison bills and bills requiring immediate payment, and for no other purposes.

      2.  The warden [is authorized to] may deposit the prison revolving [fund] account in one or more banks of reputable standing.

      3.  Payments made from the prison revolving [fund] account shall be promptly reimbursed from appropriated funds of the prison on claims as other claims against the state are paid.

      Sec. 4.  NRS 209.193 is hereby amended to read as follows:


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ê1977 Statutes of Nevada, Page 117 (Chapter 47, SB 114)ê

 

      209.193  1.  The prison residence [improvement] fund is hereby created [.] as a special revenue fund.

      2.  The prison residence [improvement] fund [shall consist] consists of all receipts of rents charged for occupancy of prison residences.

      3.  Subject to the approval of the board, the warden may expend the [moneys] money in the prison residence [improvement] fund for the purchase of materials and equipment, but not for furniture or furnishings, to improve existing prison residences and for the construction of new residences by prison labor.

      Sec. 5.  NRS 209.195 is hereby amended to read as follows:

      209.195  1.  The prisoners’ store fund is hereby created [.] as a trust fund. All [moneys] money received for the benefit of prisoners through contributions, percentages from sales of goods manufactured by the prisoners, and from other sources not otherwise required to be deposited in another fund, shall be deposited in the prisoners’ store fund.

      2.  The warden shall deposit the prisoners’ store fund in one or more banks of reputable standing, shall keep, or cause to be kept, a full and accurate account of such fund, and shall submit reports to the board relative to such funds and valuables as may be required from time to time.

      3.  [Moneys] Money in the prisoners’ store fund shall be expended for the welfare and benefit of all prisoners.

      Sec. 6.  NRS 209.197 is hereby amended to read as follows:

      209.197  The warden may accept [funds] money and valuables belonging to prisoners for safekeeping pending their releases, and shall deposit such [funds in insured banks or in insured savings and loan associations which are stock companies and not mutual associations.] money in the prisoners’ personal property fund, which is a trust fund. He shall keep, or cause to be kept, a full and accurate account of such [funds] money and valuables, and shall submit reports to the board relating to such [funds] money and valuables as may be required from time to time.

      Sec. 7.  NRS 209.230 is hereby amended to read as follows:

      209.230  The expenses to be paid under NRS 209.220 shall be:

      1.  The actual expenses of the officer in charge of the convict or convicts in traveling to and from the state prison.

      2.  The necessary expense of transporting the convict or convicts, and [the] a sum [of $5 per diem] not to exceed the per diem expense allowance authorized for state employees to the officer in charge; but in all cases where an appeal [shall have] has been sustained by the supreme court, further transportation of the convict or convicts shall be at the expense of the county in which the convict or convicts were convicted, at the same per diem and expense as previously provided in this section.

      Sec. 8.  NRS 209.390 is hereby amended to read as follows:

      209.390  All [sums that are now or may hereafter become] money due to the state for any manufactured articles sold, or for labor performed either within or without the prison walls or enclosures, shall be certified to under oath by the warden to the board, who shall receive and receipt for the same.


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ê1977 Statutes of Nevada, Page 118 (Chapter 47, SB 114)ê

 

receipt for the same. All [moneys] money thus received shall be paid into the state treasury, and the state treasurer shall place [the same] it to the credit of the [state prison fund.] appropriate account within the state general fund for the use of the state prison. The secretary of the board shall make a report thereof to the state controller on or before the 10th day of each month.

      Sec. 9.  NRS 209.500 is hereby amended to read as follows:

      209.500  Whenever any prisoner [shall be] is released from the state prison [, either] by expiration of his term of sentence, [or] by pardon, or by parole, the warden may:

      1.  Furnish him with a sum of money not to exceed $50, the amount to be based upon the prisoner’s economic need as determined by the warden, which shall be [allowed and] paid out of the [state prison fund] appropriate account within the state general fund for the use of the state prison as any other claim against the [fund.] state is paid.

      2.  Give him notice of the provisions of NRS 202.360, forbidding ex-felons to possess or have custody of concealable weapons and the provisions of NRS 207.080 to 207.150, inclusive, relating to the registration and fingerprinting of convicted persons.

      3.  Require him to sign an acknowledgment of the notice required in subsection 2.

      Sec. 10.  Chapter 209 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The prison warehouse fund is hereby created as an intragovernmental service fund. The warden shall administer this fund.

      2.  Purchases for the use of the state shall be made from the fund, and as each item purchased is distributed to one of the institutions into which the state prison is administratively divided, its cost shall be charged to the budget of that institution and credited to the fund.

      3.  Claims against the fund, approved by the warden, shall be paid as other claims against the state are paid.

      Sec. 11.  Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as sections 12 to 19, inclusive, of this act.

      Sec. 12.  1.  The state board of parole commissioners, through the chief parole and probation officer shall establish and administer a work release program under which a person sentenced to a term of imprisonment in a penal or correctional institution may be granted the privilege of leaving secure custody during the necessary and reasonable hours to:

      (a) Work in this state at gainful private employment that has been approved by the state board of parole commissioners for such purpose.

      (b) Obtain in this state additional education, including but not limited to vocational, technical and general education.

      2.  The work release program may also include, under rules developed by the chief parole and probation officer and approved by the state board of parole commissioners, temporary leave for the purpose of seeking employment in this state.

      3.  The state board of parole commissioners is responsible for the quartering and supervision of prisoners enrolled in the work release program.

      Sec. 13.  1.  The warden of the state prison shall, by appropriate means of classification and selection, determine which of the prisoners, during the last 6 months’ confinement, are suitable for the work release program, excluding those sentenced to life imprisonment who are not eligible for parole and those imprisoned for violations of chapter 201 of NRS who have not been certified by the designated board as eligible for parole.


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ê1977 Statutes of Nevada, Page 119 (Chapter 47, SB 114)ê

 

during the last 6 months’ confinement, are suitable for the work release program, excluding those sentenced to life imprisonment who are not eligible for parole and those imprisoned for violations of chapter 201 of NRS who have not been certified by the designated board as eligible for parole.

      2.  The warden shall then submit to the state board of parole commissioners the names of those prisoners he determines to be eligible for the work release program, and such board shall select from such names the prisoners they consider to be suitable for the program.

      3.  Before work release privileges are granted to any prisoner so selected, the sentencing court shall be notified of the intent to take such action. If such court does not object within 10 judicial days of such notice, the state board of parole commissioners may proceed to enroll such prisoner in the work release program.

      4.  In enrolling a prisoner in the work release program, the state board of parole commissioners shall delegate full authority to the chief parole and probation officer to take all necessary action to enforce rules relating to the general procedures and objectives of the program.

      Sec. 14.  1.  The chief parole and probation officer shall administer the work release program. In addition to the other duties assigned by the state board of parole commissioners, the chief parole and probation officer shall:

      (a) Locate employment for qualified applicants;

      (b) Effect placement of prisoners under the work release program; and

      (c) Generally promote public understanding and acceptance of the work release program.

      2.  All state agencies shall cooperate with the state board of parole commissioners in carrying out this section to such extent as is consistent with their other lawful duties.

      3.  Subject to the approval of the state board of parole commissioners, the chief parole and probation officer shall adopt rules for the administering of the work release program.

      Sec. 15.  1.  The salaries or wages of a prisoner employed pursuant to the work release program shall be disbursed in the following order:

      (a) To pay the cost of quartering, feeding and clothing the prisoner.

      (b) To allow the prisoner necessary travel expense to and from work and other incidental expenses of the prisoner.

      (c) To support the prisoner’s dependents.

      (d) To pay, either in full or ratably, the prisoner’s obligations which have been acknowledged by him in writing or which have been reduced to judgment.

      2.  Any balance of a prisoner’s wages remaining after all disbursements have been made pursuant to subsection 1 shall be paid to the prisoner upon his release from custody.

      Sec. 16.  1.  The state board of parole commissioners through the chief parole and probation officer may contract with the governing bodies of political subdivisions in this state for quartering in suitable local facilities of prisoners enrolled in work release programs. Each such facility must satisfy standards established by the state board of parole commissioners to assure secure custody of prisoners quartered therein.


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ê1977 Statutes of Nevada, Page 120 (Chapter 47, SB 114)ê

 

      2.  The state board of parole commissioners may not enroll any prisoner in the work release program unless it has been determined that suitable facilities for quartering the prisoner are available in the locality where the prisoner has employment or the offer of employment.

      Sec. 17.  1.  A prisoner enrolled in the work release program is not an agent, employee or servant of the Nevada state prison or the state board of parole commissioners of this state:

      (a) While working in employment under the program, or seeking such employment; or

      (b) While going to such employment from the place where he is quartered, or while returning therefrom.

      2.  A prisoner enrolled in the work release program is considered to be a prisoner in the state prison.

      Sec. 18.  1.  The chief parole and probation officer may immediately terminate any prisoner’s enrollment in the work release program and transfer him to the Nevada state prison if, in his judgment, the best interests of the state or the prisoner require such action.

      2.  If a prisoner enrolled in the work release program is absent without a reason acceptable to the state board of parole commissioners from his place of employment or his designated quarters, such absence:

      (a) Immediately terminates his enrollment in the work release program.

      (b) Constitutes an escape from the Nevada state prison, and such prisoner shall be punished as provided in NRS 212.090.

      Sec. 19.  1.  There is hereby created in the state treasury the prisoner’s work release revolving loan fund in the sum of $2,500.

      2.  The fund shall be used to make loans to prisoners to pay their expenses for food, quarters and clothing while participating in the work release program and provision shall be made for repayment.

      3.  To the extent that the total cash balance of the fund exceeds $2,500 at the end of each fiscal year the excess cash shall revert to the general fund in the state treasury.

      Sec. 20.  NRS 213.1095 is hereby amended to read as follows:

      213.1095  The chief parole and probation officer shall:

      1.  Be responsible for and supervise the fiscal affairs and responsibilities of the department.

      2.  Present, in conjunction with the budget division of the department of administration, the biennial budget of the department to the legislature.

      3.  Establish, consolidate and abolish sections within the department.

      4.  Establish, consolidate and abolish districts within the state to which assistant parole and probation officers are assigned.

      5.  Appoint, in accordance with the provisions of chapter 284 of NRS, the necessary supervisory personnel and other assistants and employees as may be necessary for the efficient discharge of the responsibilities of the department.

      6.  Be responsible for such reports of investigation and supervision and other reports as may be requested by the board or courts.

      7.  Direct the work of all assistants and employees as may be assigned to him.

      8.  Formulate methods of investigation, supervision, record keeping and reporting.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 121 (Chapter 47, SB 114)ê

 

      9.  Develop policies of parole and probation work, including the work release program, in the light of other acceptable and recognized correctional programs and conduct training courses for the staff.

      10.  Furnish or cause to be furnished to each person released under his supervision a written statement of the conditions of parole or probation, instruct or cause to be instructed any parolee or probationer regarding the same, and advise or cause to be advised the board or the court of any violation of the conditions of parole and probation.

      11.  At the close of each biennium, submit to the governor and the board a report, with statistical and other data, of his work.

      12.  Perform such other duties as the board may prescribe. [and as provided in NRS 209.483 to 209.497, inclusive.]

      Sec. 21.  NRS 209.080, 209.150 to 209.180, inclusive, and 209.483 to 209.497, inclusive, are hereby repealed.

      Sec. 22.  The inventory of the state prison warehouse on July 1, 1977, constitutes the opening balance of the prison warehouse fund.

 

________

 

 

CHAPTER 48, SB 86

Senate Bill No. 86–Committee on Government Affairs

CHAPTER 48

AN ACT relating to the state public works board; repealing the provisions for an urban planning division; and providing other matters properly relating thereto.

 

[Approved March 14, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 341.190, 341.200, 341.210, 341.220, 341.230, 341.240 and 341.250 are hereby repealed.

 

________

 

 

CHAPTER 49, SB 50

Senate Bill No. 50–Committee on Finance

CHAPTER 49

AN ACT making an appropriation from the state general fund to the state public works board for capital improvements to correctional institutions.

 

[Approved March 14, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  The sum of $5,821,800 is hereby appropriated from the state general fund to the state public works board for the following capital improvements:

      1.  Additional master-planned housing and program facilities for the southern Nevada correctional center.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 122 (Chapter 49, SB 50)ê

 

      2.  A laundry and automotive garage for the southern Nevada correctional center.

      3.  A fifth housing unit at the northern Nevada correctional center in Carson City.

      4.  Additional improvements at the northern Nevada correctional center.

      Sec. 2.  The state public works board shall prepare the plans, specifications, and contract documents necessary for the construction set forth in section 1 of this act.

      Sec. 3.  The state public works board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications for the work and assist in the preparation of contract documents.

      Sec. 4.  All work authorized by section 1 of this act shall be approved by the state public works board, and each contract document shall be approved by the attorney general.

      Sec. 5.  Except as provided in section 6 of this act, the state public works board shall advertise for sealed bids for each project listed in section 1 in a newspaper of general circulation in the State of Nevada. Approved plans and specifications shall be filed at a place and time stated in the advertisement for inspection by interested persons. The board may accept bids on the whole or parts of each project, and let separate contracts or combination contracts for structural, mechanical and electrical construction if savings will result. Any and all bids may be rejected for any good reason.

      Sec. 6.  The state public works board may solicit bids from two or more contractors doing business in the area of a project for projects with an estimated cost of less than $5,000 without advertising, and may award the contract to the lowest bidder or reject all bids.

      Sec. 7.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 50, AB 246

Assembly Bill No. 246–Committee on Government Affairs

CHAPTER 50

AN ACT relating to the committee on group insurance; providing for members of the committee who are state employees to be granted leave with regular pay while engaged in business of the committee; entitling the members to receive travel expenses and subsistence allowances; and providing other matters properly relating thereto.

 

[Approved March 14, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 287.042 is hereby amended to read as follows:

      287.042  1.  A majority of the members of the committee on group insurance [shall constitute] constitutes a quorum for the transaction of business.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 123 (Chapter 50, AB 246)ê

 

      2.  No member may receive any compensation for his services [.] as a member of the committee. Any member who is employed in the service of the state shall be granted leave from his duties to engage in the business of the committee without loss of his regular compensation. Such leave does not reduce the amount of the member’s annual leave.

      3.  Members of the committee are entitled to the subsistence allowances and travel expenses as prescribed by law for state officers and employees.

 

________

 

 

CHAPTER 51, AB 48

Assembly Bill No. 48–Committee on Ways and Means

CHAPTER 51

AN ACT making an appropriation from the state general fund to the stale claims fund account.

 

[Approved March 17, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  There is hereby appropriated from the state general fund the sum of $164,092 to the stale claims fund account created pursuant to NRS 353.097.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 52, AB 294

Assembly Bill No. 294–Assemblymen Barengo, Wagner, Coulter, Gomes, Kosinski, Murphy, Mello, Goodman, Westall and Weise

CHAPTER 52

AN ACT relating to the Washoe County fairgrounds; authorizing Washoe County, Nevada, to utilize a portion of such fairgrounds land leased from the State of Nevada for the construction and maintenance of a county public building complex; exempting such land from a statutory trust; making legislative findings; directing the execution of an amendatory lease by the administrator of the division of state lands of the state department of conservation and natural resources and Washoe County; and providing other matters properly relating thereto.

 

[Approved March 17, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  The legislature finds that:

      1.  By the provisions of chapter XXVII, Statutes of Nevada 1887, the Nevada state agricultural society, a state institution, was empowered to expend appropriated moneys for the purpose of purchasing and improving fairgrounds, the title of such acquired property to be vested in the State of Nevada for the sole use and benefit of the State of Nevada.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 124 (Chapter 52, AB 294)ê

 

      2.  On March 9, 1889, the Nevada state agricultural society caused the NE 1/4 SW 1/4 and SE 1/4 NW 1/4 of section 1, T. 19 N., R. 19 E., M.D.B. & M., in Washoe County, Nevada, to be conveyed to the State of Nevada in pursuance of chapter XXVII, Statutes of Nevada 1887.

      3.  On May 1, 1951, the state board of agriculture, pursuant to chapter 251, Statutes of Nevada 1951, leased the property described in subsection 2 (approximately 80 acres less a described area of 2.904 acres) to Washoe County, Nevada, for 50 years with the express provision that the lessee “recognizes the trust imposed by Chapter XXVII, Statutes of Nevada 1887, * * * and agrees to manage, control and properly maintain the said property subject to said trust.”

      4.  On August 3, 1971, an amendment made pursuant to chapter 295, Statutes of Nevada 1971, extended the term of the May 1, 1951, lease to March 21, 2050, upon the same terms.

      5.  The limited building expansion capacity of Washoe County coupled with the growth of the county dictate the necessity for providing more than double the county’s building space within the next 15 years, and long-term growth envisaged can only be accommodated through the construction of additional facilities in a location that allows sufficient area for planned expansion.

      6.  A portion of the premises leased by the State of Nevada to Washoe County on May 1, 1951, provides an excellent site for the construction of a county building complex, having accessibility to the developing highway transportation system, proximity to the citizens of the cities of Reno and Sparks and the availability of free public parking.

      7.  On September 2, 1972, Washoe County executed a lease with the Nevada State Fair, Inc., a nonprofit corporation, by the terms of which the Washoe County fairgrounds were leased to the Nevada State Fair, Inc., for 25 years for a nominal rent for the purpose of conducting the annual Nevada State Fair; that such lease was amended on September 5, 1975, specifically exempting 13.503 acres from the original lease and reserving such parcel for the exclusive use of Washoe County, subject to compatible use by the Nevada State Fair, Inc., on official fair days.

      8.  In addition to its public building requirements, Washoe County needs a senior citizens service center or a community focal point on aging where older persons as individuals or in groups can come together for services and activities which enhance their dignity, support their independence and encourage their involvement in and with the community; that the registered voters of Washoe County, Nevada, at a special election held September 14, 1976, recognized the need for constructing and maintaining a senior citizens service center by approving the issuance and sale of Washoe County’s general obligation bonds in an amount not to exceed $1,500,000 for the construction and equipping of such a center by a vote of 18,385 to 6,212; that for the reasons stated in subsection 6 construction and operation of the senior citizens service center on a portion of the Washoe County fairgrounds is desirable.

      Sec. 2.  1.  Upon the effective date of this act the administrator of the division of state lands of the state department of conservation and natural resources, as ex officio state land registrar, is directed forthwith to execute an amended lease with Washoe County, Nevada, without consideration other than the fencing and beautification herein required, whereby the real property described in section 3 of this act shall be exempt from any trust imposed by the statutes enumerated in section 1 of this act and shall be made immediately available for use by Washoe County during the term of the existing lease expiring March 21, 2050, for the purposes of constructing and maintaining thereon a county public building complex, including but not limited to public buildings related to health, welfare, finance, administration and aging functions.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 125 (Chapter 52, AB 294)ê

 

an amended lease with Washoe County, Nevada, without consideration other than the fencing and beautification herein required, whereby the real property described in section 3 of this act shall be exempt from any trust imposed by the statutes enumerated in section 1 of this act and shall be made immediately available for use by Washoe County during the term of the existing lease expiring March 21, 2050, for the purposes of constructing and maintaining thereon a county public building complex, including but not limited to public buildings related to health, welfare, finance, administration and aging functions. Washoe County shall agree in such amended lease to erect during fiscal year 1977-1978 a good and substantial fence and other beautification on the west side of Sutro Street in Reno, Nevada, from Oddie Boulevard south to the north boundary line of the parcel proposed to be utilized as a site for the senior citizens service center.

      2.  The amended lease directed to be executed by subsection 1 shall not affect the term of the lease from the State of Nevada to Washoe County, which term expires, unless otherwise directed by the legislature, on March 21, 2050; and as provided in subsection 2 of chapter 295, Statutes of Nevada 1951, upon the expiration of the term of the lease on March 21, 2050, the property and all improvements thereon shall revert to the State of Nevada.

      Sec. 3.  The real property to be exempt from any trust imposed by the statutes enumerated in section 1 of this act and to be made immediately available for use by Washoe County as specified in section 2 of this act is described as follows:

 

All that real property situate in the City of Reno, County of Washoe, State of Nevada, being all that portion of the Southwest quarter of Section 1, Township 19 North, Range 19 East, M.D.B. & M., described as follows:

Beginning at the Southeast corner of the Nevada National Guard parcel as situated on the Washoe County Fairgrounds, said point bearing South 44º33′52″ West 1,044.32 feet from a Washoe County brass cup representing the Center of Section 1, Township 19 North, Range 19 East, M.D.B. & M.; thence North 88º11′36″ West along the Southerly line of said National Guard parcel 288.02 feet (Record 288.00 feet) to Southwest Corner of said National Guard parcel; thence North 1º48′24″ East along the West line of said National Guard parcel 152.49 feet; thence North 88º16′06″ West 300.65 feet to a point on the Easterly line of Wells Avenue; thence South 1º43′54″ West along the said Easterly line of Wells Avenue 601.69 feet to the Northerly line of East Ninth Street as shown on the Leete’s Syndicate Addition; thence South 89º16′47″ East along said Northerly line of East Ninth Street 1,272.65 feet to a point on the West line of Sutro Street as described in Document No. 366638, at Book 895, page 509, filed for record on June 5, 1975, Official Records of Washoe County, Nevada; thence North 0º33′14″ East along said Westerly line of Sutro Street 324.45 feet; thence North 89º26′46″ West 100.00 feet; thence North 0º33′14″ East 70.00 feet; thence North 89º39′30″ West 366.93 feet; thence North 44º38′30″ West 262.89 feet; thence North 88º11′36″ West 18.60 feet to a point on the East line of said National Guard parcel; thence South 1º48′24″ West along said East line 138.46 feet to the true point of beginning.

 


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 126 (Chapter 52, AB 294)ê

 

North 44º38′30″ West 262.89 feet; thence North 88º11′36″ West 18.60 feet to a point on the East line of said National Guard parcel; thence South 1º48′24″ West along said East line 138.46 feet to the true point of beginning.

 

      Sec. 4.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 53, AB 105

Assembly Bill No. 105–Committee on Education

CHAPTER 53

AN ACT relating to the Postsecondary Educational Authorization Act; removing authority for an educational institution to continue in operation pending approval of its application for a license; clarifying provisional licensing procedure; and providing other matters properly relating thereto.

 

[Approved March 17, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 394.460 is hereby amended to read as follows:

      394.460  1.  Each postsecondary educational institution desiring to operate in this state shall apply to the commission, upon forms to be provided by the commission. The application shall be accompanied by a catalog or brochure published or proposed to be published by the institution containing the information specified in paragraph (d) of subsection 1 of NRS 394.450, including information required by regulations of the commission. The application shall also be accompanied by evidence of the surety bond and payment of fees specified in NRS 394.540.

      2.  After review of the application and any other information required by the commission and an investigation of the applicant, if necessary, the commission shall grant or deny a license to the applicant.

      3.  The license shall state in clear and conspicuous manner at least the following information:

      (a) The date of issuance, effective date and term of the license.

      (b) The correct name and address of the institution.

      (c) The authority for approval and conditions of operation.

      (d) Any limitation considered necessary by the commission.

      4.  The term for which the license is given shall not exceed 2 years. A provisional license may be issued for a shorter period of time, and may include limitations considered necessary by the commission, if the commission finds that the applicant has not fully complied with the standards established under NRS 394.450.

      5.  The license to operate shall be issued to the owner or governing body of the applicant institution and is nontransferable. If a change in ownership of the institution occurs, the new owner or governing body must, within 10 days after the change in ownership, apply for a new license and if it fails to do so, the institution’s license [shall terminate.]


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 127 (Chapter 53, AB 105)ê

 

terminates. Application for a new license by reason of change in ownership of the institution is, for purposes of NRS 394.490, an application for a license renewal.

      6.  At least 60 days prior to the expiration of a license to operate, the institution shall complete and file with the commission an application form for renewal of its license. The renewal application shall be reviewed and acted upon as provided in this section.

      [7.  An institution not yet in operation when its application for a license is filed may not begin operation until the license is issued. An institution in operation when its application for a license is filed may continue operation until its application is acted upon by the commission, and thereafter its authority to operate is governed by the action of the commission.]

      Sec. 2.  The provisions of NRS 394.361 to 394.560, inclusive, apply to all postsecondary educational institutions not exempted from the provisions of the Postsecondary Educational Authorization Act, regardless of the date on which any such institution began its operation.

 

________

 

 

CHAPTER 54, SB 156

Senate Bill No. 156–Committee on Government Affairs

CHAPTER 54

AN ACT relating to public securities; validating, ratifying, approving and confirming outstanding public securities of the state and all corporate subdivisions and agencies thereof, and acts and proceedings had or taken thereby and pertaining to public securities; and providing other matters properly relating thereto.

 

[Approved March 17, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  This act may be cited as the 1977 Public Securities Validation Act.

      Sec. 2.  As used in this act:

      1.  “Public body” of the state means any state educational institution or other state institution, its board of regents or other governing body thereof constituting a body corporate, any county, incorporated city or incorporated town, whether incorporated or governed under a general act, special legislative act or special charter enacted, adopted or granted pursuant to sections 1 or 8, article 8, of the constitution of the state, or otherwise, any unincorporated city or unincorporated town, any school district, local improvement district, general improvement district, irrigation district, drainage district, water conservancy district, flood control district, county fire protection district, fire protection district, housing authority, urban renewal agency, community redevelopment agency, any other corporate district, any corporate commission, or any other political subdivision of the state constituting a body corporate.

      2.  “Public security” means a bond, note, warrant, debenture, interim debenture, certificate of indebtedness, or other obligation for the payment of money, issued by this state or by any public body thereof, either a general obligation for the payment of which the state or public body issuing the obligation pledges its full faith and credit or a special obligation payable from special assessments or designated revenues from sources other than special assessments.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 128 (Chapter 54, SB 156)ê

 

debenture, certificate of indebtedness, or other obligation for the payment of money, issued by this state or by any public body thereof, either a general obligation for the payment of which the state or public body issuing the obligation pledges its full faith and credit or a special obligation payable from special assessments or designated revenues from sources other than special assessments.

      3.  “State” means the State of Nevada and any board, commission, department, corporation, instrumentality or agency thereof.

      4.  “Voted public security” means a public security which has been approved by those qualified electors of the public body issuing the public security and voting on a proposal authorizing its issuance, notwithstanding any possible invalidity of such election or of the proceedings taken wholly or in part preliminary to such election.

      Sec. 3.  The legislature by this act finds and declares that:

      1.  Decisions of various state and federal courts in the United States in recent years concerning qualifications of voters at elections of various types, including, without limitation, elections on bond questions, raise by implication questions as to the possible invalidity of elections pertaining to voted public securities and the proceedings taken wholly or in part preliminary to and in the issuance of voted public securities and other public securities which may be funded wholly or in part with the proceeds of voted public securities and are issued or are to be issued in anticipation of the subsequent issuance of voted public securities.

      2.  The state and certain public bodies thereof need additional and costly public facilities and need to be able to borrow money to defray wholly or in part the cost of such facilities by the issuance of such voted public securities, other public securities issued in anticipation thereof and which may be funded by such voted public securities, and other nonvoted public securities.

      3.  The public health, safety, convenience and welfare require that the legislature resolve all questions as to the legality of such public securities and the proceedings had and taken prior to the adoption of this act wholly or in part preliminary to and in the issuance of such public securities, whether such public securities have heretofore been issued or are to be issued subsequent to the adoption of this act and whether any such question arises because of any irregularity or purported irregularity pertaining to such a bond election or otherwise.

      Sec. 4.  All outstanding voted public securities, other outstanding public securities issued in anticipation of voted public securities and which may be funded with the proceeds thereof, and other outstanding public securities of the state and of all public bodies thereof, and all acts and proceedings heretofore had or taken, or purportedly had or taken, by or on behalf of the state or any public body thereof under law or under color of law preliminary to and in the authorization, execution, sale, issuance and payment (or any combination thereof) of all public securities, whether issued or to be issued, are hereby validated, ratified, approved and confirmed, including, without limitation, the terms, provisions, conditions and covenants of any resolution or ordinance pertaining thereto, the redemption of public securities before maturity and provisions therefor, the levy and collection of fees, rates, tolls and other charges, license taxes, and general and other property taxes, and the acquisition and application of other revenues, the pledge and use of the proceeds thereof, and the establishment of liens thereon and funds and accounts therefor, pertaining to such public securities, notwithstanding any lack of power, authority or otherwise, and notwithstanding any defects and irregularities, in the creation of such public body and in such public securities, acts and proceedings, and in such authorization, execution, sale, issuance and payment, including, without limitation, such acts and proceedings pertaining to such public securities all or any part of which have not heretofore been issued nor purportedly issued.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 129 (Chapter 54, SB 156)ê

 

charges, license taxes, and general and other property taxes, and the acquisition and application of other revenues, the pledge and use of the proceeds thereof, and the establishment of liens thereon and funds and accounts therefor, pertaining to such public securities, notwithstanding any lack of power, authority or otherwise, and notwithstanding any defects and irregularities, in the creation of such public body and in such public securities, acts and proceedings, and in such authorization, execution, sale, issuance and payment, including, without limitation, such acts and proceedings pertaining to such public securities all or any part of which have not heretofore been issued nor purportedly issued. Such outstanding public securities are and shall be, and such public securities heretofore not issued nor purportedly issued shall be, after their issuance, binding, legal, valid and enforcible obligations of the state or the public body issuing them in accordance with their terms and their authorizing proceedings, subject to the taking or adoption, in substantial and due compliance with laws pertaining to any such public securities heretofore not issued nor purportedly issued, of all acts and proceedings which are required by law to be had or taken subsequent to the acts and proceedings validated, ratified, approved and confirmed by this act.

      Sec. 5.  This act shall operate to supply such legislative authority as may be necessary to validate any public securities heretofore issued and any such acts and proceedings heretofore taken which the legislature could have supplied or provided for in the law under which such public securities were issued and such acts or proceedings were taken.

      Sec. 6.  This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.

      Sec. 7.  If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall 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. 8.  This act shall become effective upon passage and approval.

 

________

 

 


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 130ê

 

CHAPTER 55, SB 155

Senate Bill No. 155–Committee on Government Affairs

CHAPTER 55

AN ACT relating to vocational licensing boards; authorizing the legislative auditor to prescribe standards for auditing such boards; authorizing the legislative commission to direct an audit of any such board by the legislative auditor and assign the cost thereof; removing the Nevada state board of examiners for skilled nursing facility administrators from the department of human resources; and providing other matters properly relating thereto.

 

[Approved March 17, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 218.825 is hereby amended to read as follows:

      218.825  1.  Each of the boards and commissions created by the provisions of chapters 623 to 625, inclusive, chapters 628 to 644, inclusive, and chapters 653, 654 and 656 of NRS shall engage the services of [an independent] a certified public accountant or public accountant, or firm of either of such accountants, to audit all of its fiscal records once each year between June 30 and December 1 for the preceding fiscal year. The cost of the audit shall be paid by the board or commission audited.

      2.  A report of each such audit shall be filed by the accountant with the legislative auditor and the director of the budget on or before December 1 of each year. The legislative auditor shall prescribe the [shape, size and general style or makeup of the report.] standards to be used in performing the audits and the general style and form to be followed in preparing the reports.

      3.  The legislative auditor [may] shall audit the fiscal records of any such board or commission [only if the legislative commission is dissatisfied with the independent audit and directs the legislative auditor to perform an audit.] whenever directed to do so by the legislative commission. [The cost of any such audit shall be paid by the legislative counsel bureau.] When the legislative commission directs such an audit, it shall also determine who is to pay the cost of the audit.

      Sec. 2.  NRS 654.050 is hereby amended to read as follows:

      654.050  There is hereby created [within the department of human resources] the Nevada state board of examiners for skilled nursing facility administrators.

 

________

 

 


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 131ê

 

CHAPTER 56, AB 153

Assembly Bill No. 153–Assemblyman Vergiels

CHAPTER 56

AN ACT relating to podiatry; changing requirements for certifications as a podiatrist or podiatry hygienist; increasing certain fees charged by the state board of podiatry; specifying functions of a podiatry hygienist; adding a ground for revocation of a podiatrist’s certificate; increasing a penalty; and providing other matters properly relating thereto.

 

[Approved March 18, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 635.050 is hereby amended to read as follows:

      635.050  1.  Any person desiring to practice podiatry in this state shall furnish the board with satisfactory proof that he:

      (a) Is 21 years of age or over.

      (b) Is of good moral character.

      (c) Is a citizen of the United States.

      (d) Has received at least 4 years of high school training or the equivalent thereof, as determined by the board.

      (e) Has received a diploma or certificate of graduation from a reputable school of podiatry conferring the degree of D.S.C. (Doctor of Surgical Chiropody) or an equivalent degree referring to podiatry recognized and approved by the board and having a minimum requirement for graduation of 4 scholastic years or 3 scholastic years and 1 year in an accredited college.

      (f) Has passed the examination given by the National Board of Podiatry Examiners.

      2.  Upon the payment of a fee of [$50] $100 to the board, and making satisfactory proof as required by subsection 1, the applicant shall be examined by the board or a committee thereof under such [rules and] regulations as the board may [determine.] adopt.

      Sec. 2.  NRS 635.060 is hereby amended to read as follows:

      635.060  1.  The board shall hold two examinations annually for the purpose of examining applicants under this chapter. The examinations shall be held at such time and place as the board may see fit.

      2.  The board shall provide such books, blanks and forms as may be necessary to conduct the examinations.

      3.  Examinations for registration under this chapter shall be in the English language, written, oral or clinical, as the board may determine. The examination for podiatrists shall be in the following subjects: [Anatomy, bacteriology, chemistry, clinical podiatry, diagnosis and treatment, pathology, physiology, surgery,] Anesthesia and medications, bacteriology, clinical podiatry, dermatology, diagnosis and treatment, laboratory, neurology, orthopedics, pathology, pharmacology, including pharmacodynamics and materia medica, sterilization and sterile technique, surgery, surgical anatomy, X-ray, and in such other subjects pertaining to the treatment of the foot and leg as the board [within its discretion] may determine.

      4.  [No] An applicant shall not be granted a certificate unless he attains a general average on the board′s examination of 75 percent or over and not less than 50 percent in any one subject.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 132 (Chapter 56, AB 153)ê

 

attains a general average on the board′s examination of 75 percent or over and not less than 50 percent in any one subject.

      Sec. 3.  NRS 635.093 is hereby amended to read as follows:

      635.093  1.  Any person desiring to be licensed as a podiatry hygienist in this state shall furnish the board with satisfactory proof that he:

      (a) Is 21 years of age or over.

      (b) Is of good moral character.

      (c) Is a citizen of the United States.

      (d) Has satisfactorily completed [2 years of study in] a course for podiatry hygienists [in a school or college] approved by the board [.] or has had 6 months or more of training in a podiatrist′s office.

      2.  Upon payment of a fee of $50 to the board and presenting satisfactory proof as required in subsection 1, [the applicant] an applicant, not exempted under subsection 3, shall be examined by the board or a committee thereof under such [rules and] regulations as the board may [determine.] adopt.

      3.  [At any time prior to July 1, 1974, in lieu of the education requirements of paragraph (d) of subsection 1, and in lieu of an examination, an applicant for a license as a podiatry hygienist who has worked for a period of 2 years under a podiatrist licensed in this state may be granted a license upon the presentation to the board of a certificate signed by a podiatrist licensed in this state certifying that the applicant possesses the necessary skill and training to be licensed as a podiatry hygienist.] The board may, without examination, admit to practice as a podiatry hygienist a person who is employed by a podiatrist and is:

      (a) A registered nurse; or

      (b) A licensed practical nurse whom the board or any of its members have interviewed and observed in the use of practical skills.

      Sec. 4.  NRS 635.110 is hereby amended to read as follows:

      635.110  1.  On or before October 1 in each year, the board shall mail to each person licensed to practice podiatry or licensed as a podiatry hygienist in this state, at the last-known office or residence address of such person, a blank form of application for registration. The failure to mail such form of application or the failure to receive [the same shall not, however,] it does not relieve any person of the duty to register and pay the fee required by this section nor exempt such person from the penalties provided by this chapter for failure to register.

      2.  Every person duly licensed to practice podiatry or licensed as a podiatry hygienist in this state shall annually on or before October 31 apply to the board for a certificate of registration for the ensuing year. The application shall be made on the form furnished by the board, and shall state:

      (a) The applicant′s full name and his office and residence address.

      (b) The date and number of the license of the applicant issued to him for the practice of podiatry or as a podiatry hygienist in this state.

      (c) Such other facts as [shall] tend to identify the applicant and his license to practice podiatry or as a podiatry hygienist in this state as the board [shall deem] deems necessary.

      3.  Each applicant for registration under this section shall submit with his application a registration fee to be paid to the secretary-treasurer of the board for the year for which registration is sought.


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ê1977 Statutes of Nevada, Page 133 (Chapter 56, AB 153)ê

 

of the board for the year for which registration is sought. If the application is filed and the fee paid prior to November 1 at the beginning of the year for which registration is sought, the fee [shall be $10.] is $50 for license holders who are residents of this state and $100 for all other license holders. If the application is filed and the fee paid after November 1, the amount of the fee shall be [$10 plus an additional] increased by $2 for each month or part of a month from November 1 of such year to the date when the application is filed and the fee paid.

      4.  Upon due application therefor and upon submission by such person of evidence satisfactory to the board that the person is licensed to practice podiatry or as a podiatry hygienist in this state, and upon the payment of the fees required to be paid by this chapter, the board shall issue to the applicant a certificate of registration under the seal of the board. The certificate shall recite that the person named therein is duly registered for the year specified. The certificate shall contain the name of the person to whom it is issued and the office address and residence address of such person, the date and number of the license issued to such person to practice podiatry [and] or as a podiatry hygienist, and such other information as the board [shall deem] deems advisable.

      Sec. 5.  NRS 635.130 is hereby amended to read as follows:

      635.130  The board may revoke any certificate it has issued, and cause the name of the holder to be stricken from the registration book by the county clerk in the county in which the name of the [person whose certificate is revoked] holder is registered for any of the following causes:

      1.  The willful betrayal of a professional secret.

      2.  The making of a false statement in any affidavit required of the applicant for application, examination and registration under this chapter.

      3.  Lending the use of [one′s] the holder′s name to an unregistered person.

      4.  If the holder is a podiatrist, his permitting an unlicensed person in his employ to practice as a podiatry hygienist.

      5.  Habitual indulgence in the use of any controlled substance as defined in chapter 453 of NRS which impairs the intellect and judgment to such an extent as in the opinion of the board will incapacitate the [person] holder in the performance of his professional duties.

      [5.]6.  Conviction of a crime involving moral turpitude.

      [6.]7.  Conduct which in the opinion of the board disqualifies him to practice with safety to the public.

      Sec. 6.  NRS 635.180 is hereby amended to read as follows:

      635.180  Every person who [shall practice] practices podiatry or as a podiatry hygienist [as defined in this chapter] without having complied with the provisions of this chapter shall be fined not more than [$100] $500 for each offense.

      Sec. 7.  Chapter 635 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Any podiatry hygienist in the employ and under the direction of a podiatrist may:

      (a) Apply orthopedic padding.

      (b) Administer to patients by means of physiotherapeutic equipment.

      (c) Make up surgical packs.


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ê1977 Statutes of Nevada, Page 134 (Chapter 56, AB 153)ê

 

      (d) Strap and cast for orthopedic appliances.

      (e) Take and develop X-rays.

      (f) Assist in foot surgery.

      (g) Administer oral, subcutaneous or intramuscular medications.

      2.  The board may require that all podiatry hygienists have a general knowledge of sterile techniques, aseptic maintenance of surgery rooms, emergency treatments, podiatric nomenclature and podiatric surgical procedure.

 

________

 

 

CHAPTER 57, AB 104

Assembly Bill No. 104–Committee on Taxation

CHAPTER 57

AN ACT relating to watercraft; providing changes in required lighting for boats; and providing other matters properly relating thereto.

 

[Approved March 18, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 488.175 is hereby amended to read as follows:

      488.175  1.  Except as provided in subsection 2, a motorboat need not be numbered pursuant to the provisions of this chapter if it is:

      (a) Already covered by a number in effect which has been awarded or issued to it pursuant to federal law or a federally approved numbering system of another state if [such] the boat has not been [within] on the waters of this state for a period in excess of 90 consecutive days.

      (b) A motorboat from a country other than the United States temporarily using the waters of this state.

      (c) A public vessel of the United States, a state or a political subdivision of a state.

      (d) A ship′s lifeboat.

      (e) A motorboat belonging to a class of boats which has been exempted from numbering by the department after it has found that the numbering of motorboats of [such] that class will not materially aid in their identification; and, if an agency of the Federal Government has a numbering system applicable to the class of motorboats to which the motorboat in question belongs, after the department has further found that the motorboat would also be exempt from numbering if it were subject to the federal law.

      2.  The department, pursuant to department regulation, may issue exempt numbers for motorboats not required to be registered under the provisions of this chapter.

      3.  A motorboat need not be titled pursuant to the provisions of this chapter, if it is already covered by a certificate of ownership which has been awarded or issued to it pursuant to the title system of another state.

      Sec. 2.  NRS 488.185 is hereby amended to read as follows:

      488.185  [1.]  Motorboats subject to the provisions of this chapter shall be divided into four classes as follows:


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 135 (Chapter 57, AB 104)ê

 

Class A.  Less than 16 feet in length.

Class 1.  Sixteen feet or over and less than 26 feet in length.

Class 2.  Twenty-six feet or over and less than 40 feet in length.

Class 3.  Forty feet or over.

 

      [2.  Except as otherwise provided in subsection 14, every motorboat in all weathers from sunset to sunrise shall carry and exhibit the following lights when underway, and during such time no other lights which may be mistaken for those prescribed shall be exhibited:

      (a) Every motorboat of classes A and 1 shall carry the following lights:

             (1) A bright white light aft to show all around the horizon.

             (2) A combined lantern in the forepart of the vessel and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to 2 points abaft the beam on their respective sides.

      (b) Every motorboat of classes 2 and 3 shall carry the following lights:

             (1) A bright white light in the forepart of the vessel as near the stem as practicable, so constructed as to show an unbroken light over an arc of the horizon of 20 points of the compass, so fixed as to throw the light 10 points on each side of the vessel; namely, from right ahead to 2 points abaft the beam on either side.

             (2) A bright white light aft to show all around the horizon and higher than the white light forward.

             (3) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the starboard side. On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the port side. The side lights shall be fitted with inboard screens of sufficient height so set as to prevent these lights from being seen across the bow.

      (c) Motorboats of classes A and 1 when propelled by sail alone shall carry the combined lantern, but not the white light aft, prescribed by this section. Motorboats of classes 2 and 3, when so propelled, shall carry the colored side lights, suitably screened, but not the white lights prescribed by this section. Motorboats of all classes, when so propelled, shall carry, ready at hand, a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision.

      (d) Every white light prescribed by this section shall be of such character as to be visible at a distance of at least 2 miles. Every colored light prescribed by this section shall be of such character as to be visible at a distance of at least 1 mile. The word “visible” in this subsection, when applied to lights, shall mean visible on a dark night with clear atmosphere.

      (e) When propelled by sail and machinery any motorboat shall carry the lights required by this section for a motorboat propelled by machinery only.

      3.  Any vessel may carry and exhibit the lights required by the Federal Regulations for Preventing Collisions at Sea, 1948, Federal Act of October 11, 1951 (33 U.S.C.


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ê1977 Statutes of Nevada, Page 136 (Chapter 57, AB 104)ê

 

October 11, 1951 (33 U.S.C. §§ 143-147d), as amended, in lieu of the lights required by subsection 2 of this section.

      4.  Every motorboat of class 1, 2 or 3 shall be provided with an efficient whistle or other sound-producing mechanical appliance.

      5.  Every motorboat of class 2 or 3 shall be provided with an efficient bell.

      6.  Every motorboat shall carry at least one life preserver, or lifebelt, or ring buoy, or other device of the sort prescribed by the regulations of the commission for each person on board, so placed as to be readily accessible. But every motorboat carrying passengers for hire shall carry so placed as to be readily accessible at least one life preserver of the sort prescribed by the regulations of the commission for each person on board.

      7.  Every motorboat shall be provided with such number, size and type of fire extinguishers, capable of promptly and effectually extinguishing burning gasoline, as may be prescribed by the regulations of the commission, which fire extinguishers shall be at all times kept in condition for immediate and effective use and shall be so placed as to be readily accessible.

      8.  The provisions of subsections 4 and 5 of this section shall not apply to motorboats while competing in any race conducted pursuant to NRS 488.305 or, if such boats be designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race.

      9.  Every motorboat shall have the carburetor or carburetors of every engine therein, except outboard motors, using gasoline as fuel, equipped with such efficient flame arrestor, backfire trap or other similar device as may be prescribed by the regulations of the commission.

      10.  Every such motorboat and every such vessel, except open boats, using as fuel any liquid of a volatile nature, shall be provided with such means as may be prescribed by the regulations of the commission for properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to remove any explosive or inflammable gases.

      11.  The commission may make rules and regulations modifying the equipment requirements contained in this section to the extent necessary to keep these requirements in conformity with the provisions of the Federal Navigation Laws or with the navigation rules promulgated by the United States Coast Guard.

      12.  The commission may establish and maintain for the operation of vessels on the waters of this state pilot rules in conformity with the pilot rules contained in the Federal Navigation Laws or the navigation rules promulgated by the United States Coast Guard.

      13.  No person may operate or give permission for the operation of a vessel which is not equipped as required by this section.

      14.  Notwithstanding the provisions of subsection 2, no motorboat of class A need exhibit the lights required by this section during a period of 1 hour after sunset and during a period of 1 hour before sunrise, except when operated on navigable waters of the United States.]

      Sec. 3.  Chapter 488 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 7, inclusive, of this act.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 137 (Chapter 57, AB 104)ê

 

      Sec. 4.  1.  Except as otherwise provided in subsection 4, every motorboat in all weathers from sunset to sunrise shall carry and exhibit the following lights when underway, and during that time no other lights which may be mistaken for those prescribed shall be exhibited:

      (a) Every motorboat of classes A and 1 shall carry the following lights:

             (1) A bright white light aft to show all around the horizon.

             (2) A combined lantern in the forepart of the vessel and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to 2 points abaft the beam on their respective sides.

      (b) Every motorboat of classes 2 and 3 shall carry the following lights:

             (1) A bright white light in the forepart of the vessel as near the stem as practicable, so constructed as to show an unbroken light over an arc of the horizon of 20 points of the compass, so fixed as to throw the light 10 points on each side of the vessel; namely, from right ahead to 2 points abaft the beam on either side.

             (2) A bright white light aft to show all around the horizon and higher than the white light forward.

             (3) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the starboard side. On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the port side. The side lights shall be fitted with inboard screens of sufficient height so set as to prevent these lights from being seen across the bow.

      (c) Motorboats of classes A and 1 when propelled by sail alone shall carry the combined lantern in the forepart of the vessel and a white 12-point stern light. Motorboats of classes 2 and 3, when so propelled, shall carry the colored side lights, suitably screened and a white 12-point stern light.

      2.  Every white light prescribed by this section shall be visible at a distance of at least 2 miles. Every colored light prescribed by this section shall be visible at a distance of at least 1 mile. The word “visible” in this subsection, when applied to lights, means visible on a dark night with clear atmosphere.

      3.  When propelled by sail and machinery a motorboat shall carry the lights required by this section for a motorboat propelled by machinery only.

      4.  No motorboat of class A need exhibit the lights required by this section during a period of 1 hour after sunset and during a period of 1 hour before sunrise, except when operated on navigable waters of the United States.

      5.  Any vessel may carry and exhibit the lights required by the Federal Regulations for Preventing Collisions at Sea, 1948, Federal Act of October 11, 1951 (33 U.S.C. §§ 143-147d), as amended, in lieu of the lights required by this section.

      Sec. 5.  1.  Every motorboat of class 1, 2 or 3 shall be provided with an efficient whistle or other sound-producing mechanical appliance.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 138 (Chapter 57, AB 104)ê

 

      2.  Every motorboat of class 2 or 3 shall be provided with an efficient bell.

      3.  The provisions of this section do not apply to motorboats while competing in any race conducted pursuant to NRS 488.305 or, if the boats are designed and intended solely for racing, while engaged in navigation incidental to the tuning up of the boats and engines for a race.

      Sec. 6.  1.  Every motorboat shall carry at least one life preserver, lifebelt, ring buoy or other device of the sort prescribed by the regulations of the commission for each person on board, so placed as to be readily accessible. Every motorboat carrying passengers for hire shall carry so placed as to be readily accessible at least one life preserver of the sort prescribed by the regulations of the commission for each person on board.

      2.  Every motorboat shall be provided with such number, size and type of fire extinguishers, capable of promptly and effectually extinguishing burning gasoline, as may be prescribed by the regulations of the commission, which fire extinguishers shall be at all times kept in condition for immediate and effective use and shall be so placed as to be readily accessible.

      3.  Every motorboat shall have the carburetor or carburetors of every engine therein, except outboard motors, using gasoline as fuel, equipped with such efficient flame arrestor, backfire trap or other similar device as may be prescribed by the regulations of the commission.

      4.  Every motorboat and every vessel, except open boats, using as fuel any liquid of a volatile nature, shall be provided with such means as may be prescribed by the regulations of the commission for properly and efficiently ventilating the bilges of the engine and fuel tank compartments to remove any explosive or flammable gases.

      5.  The commission may make regulations modifying the equipment requirements contained in this section to the extent necessary to keep these requirements in conformity with the provisions of the Federal Navigation Laws or with the navigation rules promulgated by the United States Coast Guard.

      Sec. 7.  1.  The commission may establish and maintain for the operation of vessels on the waters of this state pilot rules in conformity with the pilot rules contained in the Federal Navigation Laws or the navigation rules promulgated by the United States Coast Guard.

      2.  No person may operate or give permission for the operation of a vessel which is not equipped as required by NRS 488.185 and sections 4 to 7, inclusive, of this act.

      Sec. 8.  NRS 488.295 is hereby amended to read as follows:

      488.295  1.  The owner of a boat livery shall keep a record of the name and address of the person or persons hiring any vessel which is designed or permitted by him to be operated as a motorboat, the identification number thereof, and the departure date and time, and the expected time of return. The record shall be preserved for at least 6 months.

      2.  [Neither the] The owner of a boat livery [nor] or his agent or employee shall not permit any motorboat, or any vessel designed or permitted by him to be operated as a motorboat, to depart from his premises unless it has been provided, either by owner or renter, with the equipment required [pursuant to NRS 488.185] by sections 4 to 7, inclusive, of this act and any [rules and] regulations made pursuant thereto.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 139 (Chapter 57, AB 104)ê

 

equipment required [pursuant to NRS 488.185] by sections 4 to 7, inclusive, of this act and any [rules and] regulations made pursuant thereto.

 

________

 

 

CHAPTER 58, SB 205

Senate Bill No. 205–Senators Ashworth and Blakemore

CHAPTER 58

AN ACT providing for the exchange of certain land situated in Lincoln County between the division of state parks of the state department of conservation and natural resources and Henry St. Amand and wife, Julia; and providing other matters properly relating thereto.

 

[Approved March 18, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  1.  The state land registrar on behalf of the State of Nevada and the division of state parks of the state department of conservation and natural resources shall convey by quitclaim deed, to Henry St. Amand and wife, Julia, all of the right, title and interest of the State of Nevada in the parcel of land described in subsection 2, situated in the County of Lincoln, State of Nevada, in exchange for a quitclaim deed conveying to the State of Nevada all of the right, title and interest of Henry St. Amand and wife, Julia, in the parcel of land described in subsection 3, situated in the County of Lincoln, State of Nevada.

      2.  From the State of Nevada to Henry St. Amand and wife, Julia, a part of the SW ¼, Section 5, T2N, R70E, MDM, Lincoln County, Nevada. Commencing on the South 1/16 line of Section 5, T2N, R70E at a point which bears N 89º 23′ 30″ E along said South 1/16 line 137.75 ft. from the South 1/16 corner common to Sections 5 and 6, T2N, R70E, MDM, thence N 26º 47′ 19″ W 126.01 ft., thence S 84º 28′ 33″ E 312.12 ft., thence S 14º 11′ 16″ E 204.17 ft., thence S 79º 43′ 40″ W 129.76 ft., thence N 02º 26′ 43″ E 140.71 ft. to the South 1/16 line, thence S 89º 23′ 30″ W 182.25 ft. to the point of beginning. Containing 41,895 sq. ft.

      3.  From Henry St. Amand and wife, Julia, to the State of Nevada a part of the SW 1/4, Section 5, T2N, R70E, MDM, Lincoln County, Nevada. Commencing at the South 1/16 corner common to Sections 5 and 6, T2N, R70E, MDM, thence N 89º 23′ 30″ E along the East-West South 1/16 line, 137.75 ft., thence S 26º 47′ 19″ E 175.07 ft., thence N 79º 43′ 40″ E 98.92 ft., thence S 02º 26′ 43″ W 59.58 ft., thence S 89º 23′ 30″ W, 310.00 ft. to the West line of said Section 5, thence N 0º 25′ 00″ W along the West line of Section 5, 200.00 ft. to the point of beginning. Containing 41,895 sq. ft.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 


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ê1977 Statutes of Nevada, Page 140ê

 

CHAPTER 59, AB 96

Assembly Bill No. 96–Committee on Ways and Means

CHAPTER 59

AN ACT relating to the state public works board; authorizing salaries for the members while they are engaged in the business of the board; and providing other matters properly relating thereto.

 

[Approved March 18, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 341.050 is hereby amended to read as follows:

      341.050  1.  [All members of the board shall serve without compensation.] Each member of the board is entitled to receive a salary of not more than $40 per day while engaged in the business of the board.

      2.  Each member [shall be entitled to and shall receive] is entitled to payment of his actual and necessary expenses incurred in the performance of his official duties and in attending meetings of the board. Such expenses shall be paid from moneys appropriated for the use of the board.

 

________

 

 

CHAPTER 60, AB 207

Assembly Bill No. 207–Committee on Judiciary

CHAPTER 60

AN ACT relating to vehicle licensing and registration; making a technical correction to a provision on license plate code letters.

 

[Approved March 18, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 482.273 is hereby amended to read as follows:

      482.273  1.  The director shall order the preparation of vehicle license plates for trucks in the same manner as provided for passenger cars in NRS 482.270.

      2.  The registration numbers assigned to trucks, after January 1, 1970, shall be coded for Carson City and the several counties and consecutively numbered. The code letters and numbers assigned shall be as follows:

 

Carson City, OA0001 to OZ9999, inclusive;

Churchill, AA0001 to AZ9999, inclusive;

Clark, BA0001 to BZ9999, inclusive, and when exhausted YA0001 to YZ0001, inclusive;

Douglas, DA0001 to DZ9999, inclusive, except DS0001 to DS9999, inclusive;

Elko, EA0001 to EZ9999, inclusive, except EL0001 to EL9999, inclusive;

Esmeralda, FA0001 to FZ9999, inclusive;

Eureka, GA0001 to GZ9999, inclusive;


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 141 (Chapter 60, AB 207)ê

 

Humboldt, HA0001 to HZ9999, inclusive, except HU0001 to HU9999, inclusive;

Lander, JA0001 to JZ9999, inclusive;

Lincoln, KA0001 to KZ9999, inclusive;

Lyon, LB0001 to LZ9999, inclusive;

Mineral, MA0001 to MZ9999, inclusive, except MN0001 to MN9999, inclusive;

Nye, NA0001 to NZ9999, inclusive, except NY0001 to NY9999, inclusive;

Pershing, PA0001 to PZ9999, inclusive, except PE0001 to PE9999, inclusive;

Storey, SA0001 to SZ9999, inclusive;

Washoe, WA0001 to WZ9999, inclusive, XA0001 to XZ9999, inclusive, except XO0001 to XO9999, inclusive; and

White Pine, ZA0001 to ZZ9999, inclusive. [, except XO0001 to XO9999, inclusive.]

 

      3.  Any license plates issued for a truck prior to July 1, 1971, bearing a different designation than that provided for in this section, shall be valid during the period for which such plates were issued.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 61, AB 224

Assembly Bill No. 224–Committee on Judiciary

CHAPTER 61

AN ACT relating to statutes; conforming their language to correct inappropriate references; and providing other matters properly relating thereto.

 

[Approved March 18, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Sections 1 to 12, inclusive, and section 14 of chapter 773, Statutes of Nevada 1973, at pages 1671 to 1675, inclusive, are hereby repealed.

      Sec. 2.  Section 2 of chapter 62, Statutes of Nevada 1975, at page 72, is hereby amended to read as follows:

 

       Sec. 2.  NRS 533.315 is hereby amended to read as follows:

       533.315  The cost of the hydrographic survey of the stream system and the preparation of the reports and maps by the state engineer necessary to advise the court in [the matter] proceedings under NRS 533.310 shall [, in the first instance,] be paid by the [state engineer from the hydrographic fund provided for in NRS 533.245, which section is hereby made applicable to the proceedings provided in NRS 533.310. Such fund shall be reimbursed for such expenditures by the] water users of the stream upon approval and order of the district court of [the] an itemized statement therefor submitted by the state engineer. [in accordance with NRS 533.245.]


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 142 (Chapter 61, AB 224)ê

 

      Sec. 3.  Section 1 of chapter 109, Statutes of Nevada 1975, at page 145, is hereby amended to read as follows:

 

       Section 1.  Title 36 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as section 2 of this act.

 

      Sec. 4.  Sections 11 and 34 of chapter 270, Statutes of Nevada 1975, at pages 343 and 352, respectively, are hereby amended to read as follows:

 

       Sec. 11.  NRS 282.330 is hereby amended to read as follows:

       282.330  1.  Losses to counties which might occur from defalcation, misappropriation or negligent loss of public funds or from failure faithfully to perform the duties of his office on the part of a county or township officer or employee shall be reported by the district attorney of that county to the state board of examiners.

       2.  Losses to cities which might occur from defalcation, misappropriation or negligent loss of public funds or from failure faithfully to perform the duties of his office on the part of a city officer or employee shall be reported by the city attorney of that city to the state board of examiners.

       3.  In the case of the state, any losses shall be reported to the state board of examiners by the attorney general.

       4.  In the case of an irrigation district, any losses shall be reported to the state board of examiners by the board of directors of the irrigation district.

       5.  In each case the state board of examiners shall make, or cause to be made, a full investigation. If, from the investigation, the state board of examiners determines that the loss comes under the conditions of [the surety bond,] a surety bond issued pursuant to the provisions of chapter 193, Statutes of Nevada 1937, as amended, which established the bond trust fund, the state board of examiners shall order that restitution be made in the following manner:

       (a) If there [be] is a sufficient amount in the [bond trust] reserve for statutory contingency fund to cover the loss, the state controller shall [be authorized and directed to] draw a warrant on the [bond trust] reserve for statutory contingency fund for the full amount of the loss as covered by the surety bond, in the manner in which claims against the state are usually paid, and the state treasurer shall pay the warrant.

       (b) If there are insufficient funds in the [bond trust] reserve for statutory contingency fund to cover the loss, then the state controller shall draw a warrant for the full amount in the [bond trust] reserve for statutory contingency fund for the purpose of making restitution in part, and he shall report the condition of the [bond trust] fund to the governor. The governor shall take the necessary steps to have the balance due included in the budget, and report to the next succeeding legislature. When the balance is thus secured, the restitution shall be completed.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 143 (Chapter 61, AB 224)ê

 

       Sec. 34.  NRS 209.100, 225.040, 227.050, 228.050, 282.230, 282.240, 282.250, 282.260, 282.270, 282.280, 282.300, 282.310, 282.320, 284.085, 321.020, 333.080, 344.025, 378.040, 433.110, 433.1221, 481.075, 501.183, 512.050, 538.091 and 679B.040 are hereby repealed.

 

      Sec. 5.  Section 6 of chapter 423, Statutes of Nevada 1975, at page 624, is hereby amended to read as follows:

 

       Sec. 6.  The license of any person who violates the provisions of sections 4 or 5 of this act shall be suspended or revoked in the manner provided in chapter 369 of NRS.

 

      Sec. 6.  Section 1 of chapter 542, Statutes of Nevada 1975, at page 944, is hereby amended to read as follows:

 

       Section 1.  Title 52 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 32, inclusive, of this act.

 

      Sec. 7.  Chapter 711, Statutes of Nevada 1975, is hereby amended by adding thereto a new section to be designated as section 2, which shall immediately follow section 1 and shall read as follows:

 

       Sec. 2.  NRS 484.385 is hereby amended to read as follows:

       484.385  1.  If a person under arrest refuses to submit to required chemical test as directed by a police officer under NRS 484.383, none shall be given; but the department of motor vehicles, upon receipt of a sworn written statement of such officer that he had reasonable grounds to believe the arrested person had been driving a vehicle upon a highway while under the influence of intoxicating liquor or a controlled substance and that such person refused to submit to such test upon the request of such officer, shall immediately notify the person by mail that his privilege to drive is subject to suspension and allow him 15 days after the date of mailing such notice to make a written request for a hearing. If no request is made within such 15-day period, the department shall immediately:

       (a) Suspend such person′s license or instruction permit to drive for a period of 6 months;

       (b) If such person is a nonresident, suspend his privilege to drive a vehicle in this state for a period of 6 months and inform the appropriate agency in the state of his residence of such action; or

       (c) If such person is a resident without a license or instruction permit to drive, deny to such person the issuance of a license or permit for a period of 6 months after the date of the alleged violation.

       2.  If the affected person requests that the hearing be continued to a date beyond the [20-day] period set forth in subsection 1 of NRS 484.387, the department shall issue an order suspending the license, privilege or permit to drive a motor vehicle, which suspension shall be effective upon receipt of notice that the continuance has been granted.

       3.  The suspension provided for in subsection 1 shall become effective 10 days after the mailing of written notice thereof by such department of any such person at his last-known address.


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ê1977 Statutes of Nevada, Page 144 (Chapter 61, AB 224)ê

 

effective 10 days after the mailing of written notice thereof by such department of any such person at his last-known address.

       4.  Notice of intention to suspend, notice of an order of suspension and notice of the affirmation of a prior order of suspension provided in NRS 484.387 is sufficient if it is mailed to the person′s last-known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the department of motor vehicles, specifying the time of mailing the notice. Such notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.

 

      Sec. 8.  Section 197 of chapter 745, Statutes of Nevada 1975, at page 1632, is hereby amended to read as follows:

 

       Sec. 197.  NRS 49.215 is hereby amended to read as follows:

       49.215  As used in NRS 49.215 to 49.245, inclusive:

       1.  A communication is “confidential” if it is not intended to be disclosed to third persons other than:

       (a) Those present to further the interest of the patient in the consultation, examination or interview;

       (b) Persons reasonably necessary for the transmission of the communication; or

       (c) Persons who are participating in the diagnosis and treatment under the direction of the doctor, including members of the patient′s family.

       2.  “Doctor” means a person licensed to practice medicine, dentistry, osteopathy or psychology in any state or nation, or a person who is reasonably believed by the patient to be so licensed [.] and in addition includes a person employed by a public or private agency as a psychologist or psychiatric social worker, or someone under his guidance, direction or control, while engaged in the examination, diagnosis or treatment of a patient for a mental condition.

       3.  “Patient” means a person who consults or is examined or interviewed by a doctor for purposes of diagnosis or treatment.

 

      Sec. 9.  Section 5 of chapter 751, Statutes of Nevada 1975, at page 1767, is hereby amended to read as follows:

 

       Sec. 5.  NRS 136.100 is hereby amended to read as follows:

       136.100  1.  All petitions for the probate of a will and for the issuance of letters shall be signed by the party petitioning, or the attorney for the petitioner, and filed with the clerk of the court, who shall [publish a notice in some newspaper, if there is one printed in the county; if not, then by posting the notice in three public places in the county.

       2.  If the notice is published in a weekly newspaper, it must appear therein on at least 3 successive dates of publication; and if in a newspaper published oftener than once a week, it shall be so published that there will be at least 10 days from the first to the last dates of publication, both first and last days being included, and at least 3 times during this period.


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ê1977 Statutes of Nevada, Page 145 (Chapter 61, AB 224)ê

 

       3.  If the notice is by posting, it must be given at least 10 days before the hearing.

       4.  The notice] set the petition for hearing.

       2.  Notice shall be given as provided in NRS 155.020 to the heirs of the testator and the devisees and legatees named in the will and all persons named as executors who are not petitioning, and shall state the filing of the petition, the object, and [designate] the time for proving such will.

 

      Sec. 10.  Section 1 of chapter 758, Statutes of Nevada 1975, at page 1794, is hereby amended to read as follows:

 

       Section. 1.  NRS 99.050 is hereby amended to read as follows:

       99.050  1.  Parties may agree [,] for the payment of any rate of interest on money due [,] or to become due [,] on any contract [, not exceeding, however, the rate of 12 percent per annum. Any judgment rendered on any such contract shall conform thereto, and shall bear the interest agreed upon by the parties, and which shall be specified in the judgment; but only the amount of the original claim or demand shall draw interest after judgment.

       2.]  which does not exceed the rate of 12 percent per annum, except as otherwise provided in subsection 2.

       2.  If the lowest daily prime rate at the three largest United States banking institutions is 9 percent or more, the maximum rate of interest shall not exceed such lowest daily prime rate plus 3.5 percent. If a loan is made pursuant to this subsection:

       (a) The lender shall certify on the loan document, under penalty of perjury, what the lowest prime rate is on the date of execution of the final loan document.

       (b) The lender shall not impose any charge or penalty for prepayment of all or any part of the loan.

       (c) The lender shall not require any compensating balance or use any other device to increase the cost to the borrower of borrowing the net amount of the loan.

As used in this subsection, “lender” means any person who advances money for the use of another or forbears the immediate collection of money due for value received, and the terms “borrower” and “loan” have corresponding meanings.

       3.  Any agreement for a greater rate of interest than [herein] specified [shall be] in this section is null and void and of no effect as to such excessive rate of interest.

 

      Sec. 11.  This act shall become effective upon passage and approval.

 

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ê1977 Statutes of Nevada, Page 146ê

 

CHAPTER 62, AB 216

Assembly Bill No. 216–Committee on Judiciary

CHAPTER 62

AN ACT relating to interstate water compact commissions; increasing compensation of certain commission members; and providing other matters properly relating thereto.

 

[Approved March 18, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 538.560 is hereby amended to read as follows:

      538.560  1.  The commissioner appointed pursuant to NRS 538.550, if not in the regular employ of the state, [shall receive] is entitled to compensation of [$25] $40 a day for time actually spent on the work of the Columbia Compact Commission, and subsistence allowances and travel expenses as provided by law.

      2.  If such commissioner is in the regular employ of the state, he [shall receive no] is not entitled to additional compensation, but [shall receive] is entitled to subsistence allowances and travel expenses as provided by law.

      3.  Claims for payment of all expenses incurred by the commissioner shall be made by the office of the state engineer on vouchers approved by the state engineer and the state board of examiners and paid as other claims against the state are paid.

      Sec. 2.  NRS 538.620 is hereby amended to read as follows:

      538.620  1.  The Nevada members of the California-Nevada Interstate Compact Commission, designated or appointed pursuant to Article IV of the compact, if not in the regular employ of the state, are entitled to [receive] compensation of [$25] $40 a day for time actually spent on the work of the compact commission, and subsistence allowances and travel expenses as provided by law.

      2.  The state engineer and any other Nevada commission members who are in the regular employ of the state [shall receive no] are not entitled to additional compensation, but are entitled to [receive] subsistence allowances and travel expenses provided by law.

      3.  Claims for payment of all such expenses incurred by such commission members shall be made by the office of the state engineer on vouchers approved by the state engineer and the state board of examiners and paid as other claims against the state are paid.

 

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ê1977 Statutes of Nevada, Page 147ê

 

CHAPTER 63, SB 41

Senate Bill No. 41–Committee on Government Affairs

CHAPTER 63

AN ACT relating to group insurance for state officers and employees; requiring appointment of a retired state employee to the committee on group insurance; and providing other matters properly relating thereto.

 

[Approved March 18, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 287.041 is hereby amended to read as follows:

      287.041  There is hereby created the committee on group insurance to be composed of five members as follows:

      1.  Two members shall be selected by the board of directors of the Nevada State Employees′ Association.

      2.  One member shall be the director of the department of administration.

      3.  Two members shall be appointed by the governor [.] , one of whom shall be an employee retired from state service.

 

________

 

 

CHAPTER 64, AB 95

Assembly Bill No. 95–Committee on Ways and Means

CHAPTER 64

AN ACT making an appropriation to the University of Nevada System for purchase of equipment; and providing other matters properly relating thereto.

 

[Approved March 18, 1977]

 

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 University of Nevada System the sum of $876,208 for the purchase of equipment.

      Sec. 2.  After June 30, 1979, the unencumbered balance of the appropriation made in section 1 shall not be encumbered and shall revert to the state general fund.

      Sec. 3.  This act shall become effective upon passage and approval.

 

________

 

 


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ê1977 Statutes of Nevada, Page 148ê

 

CHAPTER 65, AB 109

Assembly Bill No. 109–Committee on Education

CHAPTER 65

AN ACT relating to education; changing the office at which institutions granting academic or professional degrees are required to file certain information; and providing other matters properly relating thereto.

 

[Approved March 21, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 394.620 is hereby amended to read as follows:

      394.620  As used in NRS 394.630 to 394.670, inclusive:

      1.  “Degree” means any statement, diploma, certificate or other writing in any language which indicates or represents, or which is intended to indicate or represent, that the person named thereon is learned in or has satisfactorily completed the requirements of an academic or professional program of study in a particular field of endeavor beyond the secondary school level as a result of formal preparation or training.

      2.  [“Degree-granting institution” means a school, academy, institute, junior college, college, university or other educational organization or entity located in the State of Nevada or operating from a place of business in this state which offers courses of instruction or study wherein credits may be earned toward an academic or professional degree in any field of endeavor beyond the secondary school level, and:

      (a) Is accredited by an accrediting association recognized by the Office of Education of the United States Department of Health, Education and Welfare; or

      (b) Has filed and kept current with appropriate amendments, in the office of the superintendent of public instruction pursuant to regulations adopted by the state board of education, an affidavit by the president of the institution stating that the majority of the course credits offered by the institution are generally acceptable or transferable to at least one college or university accredited by an accrediting association recognized by the Office of Education of the United States Department of Health, Education and Welfare.

      3.]  “Honorary degree” means any statement, diploma, certificate or other writing in any language which indicates or represents, or which is intended to indicate or represent, that the person named thereon is learned in any field of public service or has performed outstanding public service or that the person named thereon has demonstrated proficiency in a field of endeavor without having completed formal courses of instruction or study or formal preparation or training.

      Sec. 2.  NRS 394.630 is hereby amended to read as follows:

      394.630  No person, firm, association, partnership or corporation [, other than a degree-granting institution,] may award, bestow, confer, give, grant, convey or sell to any other person a degree or honorary degree upon which is inscribed, in any language, the word “associate,” “bachelor,” “baccalaureate,” “master,” “doctor” or “fellow,” or any abbreviation thereof [.] , unless it is a school, academy, institute, community college, junior college, college, university or other educational organization or entity located in the State of Nevada or operating from a place of business in this state which offers courses of instruction or study wherein credits may be earned toward an academic or professional degree in any field of endeavor beyond the secondary school level, and:

 


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ê1977 Statutes of Nevada, Page 149 (Chapter 65, AB 109)ê

 

business in this state which offers courses of instruction or study wherein credits may be earned toward an academic or professional degree in any field of endeavor beyond the secondary school level, and:

      1.  Is accredited by an accrediting association recognized by the Office of Education of the United States Department of Health, Education and Welfare; or

      2.  Has filed and kept current with appropriate amendments, in the office of the administrator, an affidavit by the president of the institution stating that the majority of the course credits offered by the institution are generally acceptable or transferable to at least one college or university accredited by an accrediting association recognized by the Office of Education of the United States Department of Health, Education and Welfare.

      Sec. 3.  NRS 394.640 is hereby amended to read as follows:

      394.640  No person, firm, association, partnership or corporation [, other than a degree-granting institution,] may:

      1.  Advertise or otherwise represent that it awards, bestows, confers, gives, grants, conveys or sells degrees or honorary degrees; or

      2.  Solicit enrollment in courses of instruction or study by making any such representation [.] ,

unless the institution is qualified to award degrees.

 

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CHAPTER 66, AB 140

Assembly Bill No. 140–Committee on Legislative Functions

CHAPTER 66

AN ACT relating to the secretary of state; relieving him of the duty of supervising the printing of legislative acts, resolutions and journals; and providing other matters properly relating thereto.

 

[Approved March 21, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 225.090 is hereby repealed.

 

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ê1977 Statutes of Nevada, Page 150ê

 

CHAPTER 67, AB 161

Assembly Bill No. 161–Committee on Taxation

CHAPTER 67

AN ACT relating to revenue and taxation; clarifying the administrative powers of the state department of taxation; and providing other matters properly relating thereto.

 

[Approved March 21, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 360.200 is hereby amended to read as follows:

      360.200  [In addition to the specific powers enumerated in this chapter, the department shall have the power to] The department may exercise the specific powers enumerated in this chapter and, except as otherwise provided by law, may exercise general supervision and control over the entire revenue system of the state including the administration of the provisions of chapter 397, Statutes of Nevada 1955, as amended (NRS chapter 372).

 

________

 

 

CHAPTER 68, AB 206

Assembly Bill No. 206–Committee on Judiciary

CHAPTER 68

AN ACT relating to official bonds; correcting obsolete references; and providing other matters properly relating thereto.

 

[Approved March 21, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 228.210 is hereby amended to read as follows:

      228.210  If the attorney general [shall neglect or refuse] neglects or refuses to perform any of the duties required of him by law, he [shall be deemed] is guilty of a misdemeanor [,] or [shall be] is subject to removal from office. [; and he shall be responsible upon his official bond for all carelessness, negligence or malfeasance in office.]

      Sec. 2.  NRS 255.030 is hereby amended to read as follows:

      255.030  Each county surveyor, before entering upon the duties of his office, shall:

      1.  Take and subscribe to the oath of office.

      2.  Execute to the State of Nevada a bond in the penal sum of not less than $500 nor more than $5,000, the amount thereof to be determined by the board of county commissioners. The bond shall be supplied in accordance with the provisions of chapter 282 of NRS [concerning the bond trust fund,] and shall be approved by the board of county commissioners.

      Sec. 3.  This act shall become effective upon passage and approval.

 

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ê1977 Statutes of Nevada, Page 151ê

 

CHAPTER 69, AB 208

Assembly Bill No. 208–Committee on Judiciary

CHAPTER 69

AN ACT relating to local government purchasing; making technical corrections in certain statutory provisions; and providing other matters properly relating thereto.

 

[Approved March 21, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 332.035 is hereby amended to read as follows:

      332.035  1.  Except as otherwise provided by law, a governing body or its authorized representative may enter into a contract of any nature without advertising or requesting bids when the estimated amount required to perform the contract is [less than $2,500.] $2,500 or less.

      2.  Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids.

      Sec. 2.  NRS 332.125 is hereby amended to read as follows:

      332.125  1.  Except as otherwise provided by law, a governing body or its authorized representative may let a contract for the purchase of books, library materials or subscriptions of any nature without advertising if:

      (a) The estimated amount is greater than $2,500 [.] ;

      (b) Written requests for bids have been solicited from persons who are capable of performing the contract [.] ; and

      (c) All bids received are opened publicly at a time and place set by the governing body or its authorized representative.

      2.  Nothing in this section prohibits a governing body or its authorized representative from advertising for or requesting bids.

      Sec. 3.  NRS 332.206 is hereby amended to read as follows:

      332.206  1.  The purpose of this section is to permit local governments to take full advantage of available federal surplus properties.

      2.  The governing body may enter into any contract with the United States of America or with any agency thereof for the purchase of any equipment, supplies, materials or other property, real or personal, without regard to provisions of law which require:

      (a) The posting of notices or public advertising for bids or of expenditures.

      (b) The inviting or receiving of competitive bids.

      (c) The delivery of purchases before payment, and without regard to any provision of law which would, if observed, defeat the purpose of this section.

      3.  In making any such contract or purchase the purchaser is authorized to accept any condition imposed pursuant to federal law as a part of the contract.

      4.  The governing body may designate by appropriate resolution or order any officeholder or employee of its own to enter a bid or bids in its behalf at any sale of any equipment, supplies, material or other property, real or personal, owned by the United States of America or any agency thereof and may authorize that person to make any down payment or payment in full required in connection with such bidding.


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ê1977 Statutes of Nevada, Page 152 (Chapter 69, AB 208)ê

 

      [5.  Any provisions of any law, charter, ordinance, resolution, bylaws, rule or regulation which are inconsistent with the provisions of this section are suspended to the extent such provisions are inconsistent herewith.]

 

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CHAPTER 70, AB 212

Assembly Bill No. 212–Committee on Judiciary

CHAPTER 70

AN ACT relating to county government; deleting an inaccurate and redundant reference to maximum expenditure for public improvements by special assessment without bond issuance; and providing other matters properly relating thereto.

 

[Approved March 21, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 244.559 is hereby amended to read as follows:

      244.559  1.  The board of county commissioners may authorize an improvement, the cost of which will be defrayed pursuant to NRS 244.556 to 244.558, inclusive, if:

      (a) [The expenditure will not require an expenditure greater than $100,000;

      (b)] Owners of at least two-thirds of the tracts to be assessed consent to such improvement;

      [(c)](b) The owners of tracts to be assessed which represent at least two-thirds of the total amount of the assessment consent to such improvement; and

      [(d)](c) The board of county commissioners holds a hearing and levies the assessment in the manner provided in NRS 244.501 to 244.507, inclusive.

      2.  The consent required pursuant to subsection 1 shall be solicited by the board of county commissioners by sending to the owner of each tract to be assessed, by certified mail, documents containing:

      (a) A description of the proposed improvement and its expected cost.

      (b) The costs to be assessed against the owner to whom the document was addressed.

      (c) A form to be signed by such property owner if he desires to consent to such improvement.

      Sec. 2.  This act shall become effective upon passage and approval.

 

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ê1977 Statutes of Nevada, Page 153ê

 

CHAPTER 71, AB 232

Assembly Bill No. 232–Committee on Judiciary

CHAPTER 71

AN ACT to amend NRS 328.110 to provide for the recordation of deeds of conveyance of real property to the United States where exclusive federal jurisdiction over the property is not sought; and providing other matters properly relating thereto.

 

[Approved March 21, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 328.110 is hereby amended to read as follows:

      328.110  [No] A recorder of conveyances of real property in this state shall not accept for recordation any deed of conveyance wherein the United States is the grantee unless there [shall first have been placed on record with the official a certificate of consent pertaining to the transaction as provided for in NRS 328.100.] is recorded with the deed of conveyance:

      1.  A certificate of consent pertaining to the transaction as provided for in NRS 328.100; or

      2.  The written statement of a representative of the United States, contained in the deed or accompanying it, that the United States does not seek exclusive jurisdiction over the property.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 72, AB 234

Assembly Bill No. 234–Committee on Judiciary

CHAPTER 72

AN ACT relating to crimes and punishments; eliminating conflicts between certain provisions; and providing other matters properly relating thereto.

 

[Approved March 21, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 453.401 is hereby amended to read as follows:

      453.401  [No person may:] It is unlawful to:

      1.  Induce or attempt to induce another person unlawfully to use or administer a controlled substance.

      2.  Employ, induce or use a minor unlawfully to transport, carry, dispense, produce or manufacture a controlled substance.

      3.  Induce or attempt to induce a minor to violate any of the provisions of NRS 453.011 to 453.551, inclusive.

      4.  Induce or attempt to induce a minor to use a controlled substance except in accordance with a prescription issued by a practitioner.

      [5.  Conspire with another person or persons to violate any provision of NRS 453.011 to 453.551, inclusive.]

      Sec. 2.  NRS 686A.290 is hereby amended to read as follows:


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 154 (Chapter 72, AB 234)ê

 

      686A.290  1.  [No] An agent, broker, solicitor, examining physician, applicant or other person shall not knowingly or willfully:

      (a) Make any false or fraudulent statement or representation in or with reference to any application for insurance; [or]

      (b) For the purpose of obtaining any money or benefit, present or cause to be presented a false or fraudulent claim, or any proof in support of such a claim for the payment of the loss upon a contract of insurance; or

      (c) Prepare, make or subscribe a false or fraudulent account, certificate, affidavit or proof of loss, or other document or writing, with intent that the same may be presented or used in support of such a claim.

      2.  [A violation of this section is a felony.] Any person who violates this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 3.  NRS 205.385 is hereby repealed.

 

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CHAPTER 73, AB 237

Assembly Bill No. 237–Committee on Judiciary

CHAPTER 73

AN ACT relating to construction management services; clarifying the license requirements for persons who provide construction management services; changing the effective date of regulatory provisions; and providing other matters properly relating thereto.

 

[Approved March 21, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 341.270 is hereby amended to read as follows:

      341.270  1.  The board may utilize contractors properly licensed under chapter 624 of NRS for construction management services on capital improvements projects, which are financed in part by the Federal Government, if such services are required by any department or agency of the Federal Government.

      2.  The board shall adopt regulations establishing procedures for:

      (a) The prequalifying of contractors [properly licensed under chapter 624 of NRS] to bid for construction management services;

      (b) The bidding and awarding of construction management service contracts;

      (c) The awarding of construction contracts based on a guaranteed maximum cost; and

      (d) The scheduling and controlling of projects.

      3.  A person furnishing construction management services is a contractor subject to all provisions pertaining to a contractor in Title 28 of NRS.


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ê1977 Statutes of Nevada, Page 155 (Chapter 73, AB 237)ê

 

      Sec. 2.  Section 3 of chapter 520, Statutes of Nevada 1975, at page 831, is hereby repealed.

      Sec. 3.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 74, AB 238

Assembly Bill No. 238–Committee on Judiciary

CHAPTER 74

AN ACT relating to evidence; removing certain provisions which repeat or conflict with other provisions of law; correcting obsolete terms; and providing other matters properly relating thereto.

 

[Approved March 21, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 49.245 is hereby amended to read as follows:

      49.245  1.  There is no privilege under NRS 49.225 or 49.235 for communications relevant to an issue in proceedings to hospitalize the patient for mental illness, if the doctor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization.

      2.  If the judge orders an examination of the condition of the patient, communications made in the course thereof are not privileged under NRS 49.225 or 49.235 with respect to the particular purpose for which the examination is ordered unless the judge orders otherwise.

      3.  There is no privilege under NRS 49.225 or 49.235 as to communications relevant to an issue of the condition of the patient in any proceeding in which the condition is an element of a claim or defense.

      4.  There is no privilege under NRS 49.225 or 49.235:

      (a) In a prosecution or mandamus proceeding under chapter 441 of NRS.

      (b) As to any information communicated to a physician in an effort unlawfully to procure a [narcotic, dangerous or hallucinogenic drug,] dangerous drug or controlled substance, or unlawfully to procure the administration of any such drug [.] or substance.

      Sec. 2.  NRS 205.610 is hereby amended to read as follows:

      205.610  As used in NRS 205.610 to [205.820,] 205.810, inclusive, unless the context otherwise requires, the words and terms defined in NRS 205.620 to 205.670, inclusive, have the meanings ascribed to them in [NRS 205.620 to 205.670, inclusive.] those sections.

      Sec. 3.  NRS 205.820 is hereby repealed.

      Sec. 4.  Section 2.110 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 723, Statutes of Nevada 1973, at page 1438, is hereby amended to read as follows:

 

       Sec. 2.110  Codification of ordinances; publication of code.

       1.  The city council may codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the city council, have incorporated therein a copy of this charter and such additional data as the city council may prescribe.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 156 (Chapter 74, AB 238)ê

 

at the election of the city council, have incorporated therein a copy of this charter and such additional data as the city council may prescribe. When such code is published, two copies shall be filed with the librarian at the supreme court law library, and [thereafter the code shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city. Two] two copies shall [also] be filed with the city clerk and the librarian of the North Las Vegas municipal library.

       2.  The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.

       3.  The codification shall be adopted by an ordinance and shall not contain any substantive changes, modifications or alterations of existing ordinances; and the only title necessary for the ordinance shall be, “An ordinance for codifying and compiling the general ordinances of the City of North Las Vegas.”

       4.  The codification may be amended or extended by ordinance.

 

________

 

 

CHAPTER 75, AB 241

Assembly Bill No. 241–Committee on Judiciary

CHAPTER 75

AN ACT relating to vacancies in state offices; repealing certain provisions on the appointment of successors for the state treasurer and state controller.

 

[Approved March 21, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 226.060 and 227.070 are hereby repealed.

 

________

 

 

CHAPTER 76, AB 285

Assembly Bill No. 285–Committee on Transportation

CHAPTER 76

AN ACT relating to highways and roads; deleting an obsolete reference to the Nevada Highways and Parks magazine from NRS; and providing other matters properly relating thereto.

 

[Approved March 21, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 408.100 is hereby amended to read as follows:

      408.100  Recognizing that safe and efficient highway transportation is a matter of important interest to all the people of the state, and that an adequate highway system is a vital part of the national defense, the legislature hereby determines and declares that:

 


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 157 (Chapter 76, AB 285)ê

 

adequate highway system is a vital part of the national defense, the legislature hereby determines and declares that:

      1.  An integrated system of state highways and roads is essential to the general welfare of the state.

      2.  Providing [of] such a system of facilities, its efficient management, maintenance and control is recognized as a problem and as the proper prospective of highway legislation.

      3.  Inadequate highways and roads obstruct the free flow of traffic, resulting in undue cost of motor vehicle operation, endangering the health and safety of the citizens of the state, depreciating property values, and impeding general economic and social progress of the state.

      4.  In designating the highways and roads of the state as provided in this chapter, the legislature places a high degree of trust in the hands of those officials whose duty it [shall be,] is, within the limits of available funds, to plan, develop, operate, maintain, control and protect the highways and roads facilities of this state, for present as well as for future use.

      5.  To this end, it is the express intent of the legislature to make the board of directors of the department of highways custodian of the state highways and roads and to provide sufficiently broad authority to enable the board to function adequately and efficiently in all areas of appropriate jurisdiction, subject to the limitations of the constitution and the legislative mandate proposed in this chapter.

      6.  The legislature intends:

      (a) To declare, in general terms, the powers and duties of the board of directors, leaving specific details to be determined by reasonable rules and regulations and declarations of policy which the board may promulgate.

      (b) By general grant of authority to the board of directors, to delegate sufficient power and authority to enable the board to carry out the broad objectives [herein] contained [.] in this chapter.

      7.  The problem of establishing and maintaining adequate highways and roads, eliminating congestion, reducing accident frequency and taking all necessary steps to insure safe and convenient transportation on these public ways is no less urgent.

      8.  The legislature hereby finds, determines and declares that this chapter is necessary for the preservation of the public safety, the promotion of the general welfare, the improvement and development of transportation facilities in the state, and other related purposes necessarily included therein, and as a contribution to the system of national defense.

      9.  The words “construction,” “maintenance” and “administration” used in section 5 of Article [IX] 9 of the constitution of the State of Nevada are broad enough to be construed to include and as contemplating the construction, maintenance and administration of the state highways and roads as [hereinafter established, including but not limited to the publication by the department of a magazine to be known as Nevada Highways and Parks,] established by this chapter and the landscaping, roadside improvements and planning surveys of the state highways and roads.

 

________

 

 


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 158ê

 

CHAPTER 77, AB 331

Assembly Bill No. 331–Assemblymen Demers and Banner

CHAPTER 77

AN ACT relating to public records; decreasing the length of time that county clerks must retain certain original records; and providing other matters properly relating thereto.

 

[Approved March 21, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 239.110 is hereby amended to read as follows:

      239.110  [Notwithstanding any other provision of law relating to the destruction of court records or other records in the office of a county clerk, the] The county clerk may [cause to be destroyed] destroy all documents, records, instruments, books, papers, depositions and transcripts [,] in any action or proceeding in the district court [,] or otherwise filed in his office pursuant to law [; provided:] , including transcripts of coroners′ inquests and depositions, if:

      1.  [That 10] Five years have elapsed since the date of the filing of the last paper therein and the records of the county clerk do not show that the action or proceeding is pending on appeal or review in any court, except that:

      (a) [Transcripts of coroners′ inquests, depositions and, when] When the written consent of the district attorney is first obtained, transcripts of preliminary hearings may be destroyed as provided in this section; [, when 5 years have elapsed since the filing thereof in the office of the county clerk and the action or proceeding in which they were filed is not pending or on appeal in any court;] and

      (b) Minutes of the district court [, after they have been signed or approved by the district judge,] and affidavits supporting applications for marriage licenses, after such licenses have been issued, may be destroyed immediately subject to the provisions of subsections 2 and 3.

      2.  [That the] The county clerk maintains for the use of the public a microphotographic film print or copy of each document, record, instrument, book, paper, deposition or transcript so destroyed, if the print or copy is placed and kept in a sealed container under the certificate of the county clerk and properly indexed.

      3.  [That the] The county clerk promptly seals and stores at least one original negative of each microphotographic film in such manner and place as reasonably to assure its preservation indefinitely against loss, theft, defacement or destruction.

 

________

 

 


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 159ê

 

CHAPTER 78, SB 36

Senate Bill No. 36–Committee on Government Affairs

CHAPTER 78

AN ACT relating to public livestock sales; deleting the requirement that livestock sale receipts be delivered to the state department of agriculture.

 

[Approved March 21, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 573.125 is hereby amended to read as follows:

      573.125  [1.]  Each operator of a livestock auction shall issue to each purchaser of livestock a receipt on a form approved by the department, and such receipt shall contain:

      [(a)]1.  The name and address of the purchaser of the livestock.

      [(b)]2.  A description of the livestock, which shall include the number and kind, approximate age, the sex, and any visible brands or other distinguishing or identifying marks.

      [2.  A copy of the receipt shall be forwarded to the department within 7 days after the sale.]

 

________

 

 

CHAPTER 79, SB 160

Senate Bill No. 160–Committee on Judiciary

CHAPTER 79

AN ACT relating to the state public defender; eliminating the private practice of law by deputy state public defenders; clarifying their employment status; and providing other matters properly relating thereto.

 

[Approved March 21, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 180.030 is hereby amended to read as follows:

      180.030  1.  The state public defender may employ:

      (a) Deputy state public defenders, who shall be in the unclassified service of the state [.] and receive a salary as provided in NRS 284.182.

      (b) Clerical, investigative and other necessary staff, who shall be in the classified service of the state.

      2.  Each deputy state public defender shall be an attorney licensed to practice law in [the State of] Nevada, and shall not engage in the practice of [criminal] law, except in performing the duties of his office.

      3.  The state public defender and the employees of his office shall receive the traveling expenses and subsistence allowances provided by law.

      Sec. 2.  NRS 284.140 is hereby amended to read as follows:

      284.140  The unclassified service of the [State of Nevada shall be comprised] state consists of positions held by state officers or employees in the executive department of the state government as follows:

      1.  Persons chosen by election or appointment to fill an elective office.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 160 (Chapter 79, SB 160)ê

 

      2.  Members of boards and commissions, and heads of departments, agencies and institutions required by law to be appointed.

      3.  At the discretion of the elective officer or head of each department, agency or institution, one deputy and one chief assistant in [such] each department, agency or institution.

      4.  All employees in the office of the governor and all persons required by law to be appointed by the governor or heads of departments or agencies appointed by the governor or by boards.

      5.  All employees other than clerical in the office of the attorney general and the state public defender required by law to be appointed by the attorney general [.] or the state public defender.

      6.  Officers and members of the teaching staff and the agricultural extension department and experiment station staffs of the University of Nevada System, or any other state institution of learning, and student employees of [such] these institutions; but custodial, clerical or maintenance employees of [such] these institutions [shall be] are in the classified service. The board of regents shall assist the chief in carrying out the provisions of this chapter applicable to the University of Nevada System.

      7.  Officers and members of the Nevada National Guard.

      8.  Persons engaged in public work for the state but employed by contractors when the performance of [such] the contract is authorized by the legislature or other competent authority.

      9.  Patient and inmate help in state charitable, penal, mental and correctional institutions.

      10.  Part-time professional personnel who are paid for any form of medical, nursing or other professional service, and who are not engaged in the performance of administrative or substantially recurring duties.

      11.  [Such] All other officers and employees [as are] authorized by law to be employed in the unclassified service.

 

________

 

 

CHAPTER 80, SB 176

Senate Bill No. 176–Committee on Finance

CHAPTER 80

AN ACT making an additional and supplemental appropriation to the welfare division of the department of human resources to maintain the present level of medical services provided recipients under the Title XIX Medical Care Program; and providing other matters properly relating thereto.

 

[Approved March 21, 1977]

 

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 welfare division of the department of human resources the sum of $1,471,372 to maintain the present level of medical services provided to recipients under the Title XIX Medical Care Program. This appropriation is additional and supplemental to that allowed and made by section 32 of chapter 679, Statutes of Nevada 1975.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 161 (Chapter 80, SB 176)ê

 

is additional and supplemental to that allowed and made by section 32 of chapter 679, Statutes of Nevada 1975.

      Sec. 2.  Any money received under Title II of the Public Works Employment Act of 1976 (PL 94-369) shall be expended for medical services under the Title XIX Medical Care Program and shall be expended prior to any money appropriated in section 1.

      Sec. 3.  After June 30, 1977, the unencumbered balance of the appropriation made in section 1 shall not be encumbered and shall revert to the state general fund.

      Sec. 4.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 81, SB 177

Senate Bill No. 177–Committee on Finance

CHAPTER 81

AN ACT making appropriations to the mental hygiene and mental retardation division of the department of human resources for the desert developmental center; and providing other matters properly relating thereto.

 

[Approved March 21, 1977]

 

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 for the desert developmental center:

      1.  The sum of $157,475 as an additional and supplemental appropriation to that allowed and made by section 32 of chapter 679, Statutes of Nevada 1975.

      2.  The sum of $40,000 to be used for the purchase of new equipment.

      Sec. 2.  After June 30, 1977, the unencumbered balance of the appropriation made in subsection 1 of section 1 shall not be encumbered and shall revert to the state general fund.

      Sec. 3.  After June 30, 1979, the unencumbered balance of the appropriation made in subsection 2 of section 1 shall not be encumbered and shall revert to the state general fund.

      Sec. 4.  This act shall become effective upon passage and approval.

 

________

 

 


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 162ê

 

CHAPTER 82, SB 223

Senate Bill No. 223–Committee on Finance

CHAPTER 82

AN ACT relating to the state public works board; requiring that use of grants of money for certain construction projects be approved in advance by concurrent resolution of legislature when it is in session; extending the purposes for which such grants may be used; and providing other matters properly relating thereto.

 

[Approved March 21, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 341.121 is hereby amended to read as follows:

      341.121  The board may, with the [concurrence] approval of the interim finance committee [,] when the legislature is not in regular or special session, or with the approval of the legislature, by concurrent resolution, when the legislature is in regular or special session, use grants of money received under authority of this chapter, unless otherwise limited by the conditions of any such grant, for:

      1.  The design and construction of public buildings or projects for which no appropriation has been made by the legislature [.] , or the acquisition of real property for such buildings or projects, or both.

      2.  Additional acquisition, design and construction costs on public buildings or projects, through appropriate contract procedures, for which the original legislative appropriation made no provision.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 83, AB 305

Assembly Bill No. 305–Assemblymen Hickey, Mello, Barengo, May, Ross and Brookman

CHAPTER 83

AN ACT making an appropriation to the supreme court to support the operations of the commission on judicial selection and commission on judicial discipline; and providing other matters properly relating thereto.

 

[Approved March 22, 1977]

 

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 supreme court the sum of $19,756 for the operations of the commission on judicial selection and the commission on judicial discipline.

      Sec. 2.  After June 30, 1977, the unencumbered balance of the appropriations made in section 1 shall not be encumbered and shall revert to the state general fund.

      Sec. 3.  This act shall become effective upon passage and approval.

 

________

 

 


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 163ê

 

CHAPTER 84, SB 55

Senate Bill No. 55–Senator Young

CHAPTER 84

AN ACT relating to cosmetology; abolishing durational residence as a prerequisite for certain examinations and certifications by the state board of cosmetology; and providing other matters properly relating thereto.

 

[Approved March 22, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  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, at any meeting of the board duly held for the purpose of conducting examinations, any person who has made application to the board in proper form and paid the fee required by this chapter, and who:

      1.  Is not less than 18 years of age.

      2.  Is of good moral character and temperate habits.

      3.  [Has been a bona fide] Is a resident of Nevada. [for 6 months.]

      4.  Has successfully completed the 10th grade in school or its equivalent.

      5.  Has had any one of the following:

      (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 cosmetologist for a period of 4 years outside the State of Nevada. 

      (c) Service for at least 2 years as a junior operator in a licensed cosmetological establishment in which all of the occupations of a cosmetologist are practiced.

      Sec. 2.  NRS 644.203 is hereby amended to read as follows:

      644.203  The board shall admit to examination for a certificate of registration 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:

      1.  Is not less than 18 years of age.

      2.  Is of good moral character and temperate habits.

      3.  [Has been a bona fide] Is a resident of Nevada. [for 6 months.]

      4.  Has successfully completed the 12th grade in school or its equivalent.

      5.  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 under this chapter, or a hairdresser and cosmetician so licensed.

      (c) A valid electrology license issued by a state whose licensing requirements are equal to or greater than those of the State of Nevada.

      (d) Either training or practice, or a combination of training and practice, in electrology outside the State of Nevada for such period as may be specified by rules of the board.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 164 (Chapter 84, SB 55)ê

 

      Sec. 3.  NRS 644.205 is hereby amended to read as follows:

      644.205  The board shall admit to examination for a certificate of registration 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:

      1.  Is not less than 18 years of age.

      2.  Is of good moral character and temperate habits.

      3.  [Has been a bona fide] Is a resident of Nevada. [for 6 months.]

      4.  Has completed the 10th grade in school or its equivalent.

      5.  Has had any one of the following:

      (a) Practical training of at least 350 hours extending over a period of not less than 3 months under the immediate supervision of a licensed instructor in a licensed school in which the practice is taught.

      (b) Practice in manicuring for a period of 1 year outside the State of Nevada.

      Sec. 4.  NRS 644.310 is hereby amended to read as follows:

      644.310  Upon application to the board in due form, as provided in NRS 644.210, accompanied by a fee of $40, a person registered as a hairdresser and cosmetician or 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), be granted a certificate of registration and license to practice the occupation or occupations in which the applicant was previously registered, upon the following conditions:

      1.  That he is not less than 18 years of age.

      2.  That he [has been] is a resident of the state. [for at least 3 months.]

      3.  That he is of good moral character and temperate habits.

      4.  That the requirements for registration or licensing of hairdressers and cosmeticians, and those engaged in the practice of any branch of cosmetology, in the particular state, territory or in the District of Columbia were, at the date of the previous registration or licensing, substantially equal to the requirements therefor then in force in this state.

      5.  That the licensing authority in such other state, territory or in the District of Columbia issues, or would issue, licenses to persons registered in this state, under equivalent conditions.

      Sec. 5.  This act shall become effective upon passage and approval.

 

________

 

 


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 165ê

 

CHAPTER 85, SB 58

Senate Bill No. 58–Senator Gojack

CHAPTER 85

AN ACT relating to the Nevada highway patrol; providing for eligibility of women as highway patrol personnel; and providing other matters properly relating thereto.

 

[Approved March 22, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 481.160 is hereby amended to read as follows:

      481.160  The appointed personnel shall:

      1.  Be [men] persons qualified at the time of their appointment with the knowledge of all traffic laws of this state, the provisions of chapter 482 [of NRS, the provisions of chapter 483 of NRS, the provisions of chapter 706 of NRS, and all the laws with respect] , 483 and 706 of NRS, and all laws relating to the imposition and collection of gasoline taxes and special fuel taxes.

      2.  Be versed in [the laws respecting] all laws relating to the powers of police officers as to traffic law violations and other offenses committed over and along the highways of this state.

 

________

 

 

CHAPTER 86, SB 18

Senate Bill No. 18–Committee on Finance

CHAPTER 86

AN ACT relating to the interim finance committee; providing that members who do not become candidates for reelection or who are defeated for reelection remain members until the next session of the legislature; and providing other matters properly relating thereto.

 

[Approved March 22, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 218.6822 is hereby amended to read as follows:

      218.6822  1.  There is hereby created in the legislative counsel bureau an interim finance committee composed of the members of the assembly standing committee on ways and means and the senate standing committee on finance during the immediately preceding session of the legislature. The immediate past chairman of the senate standing committee on finance shall be the chairman of the interim finance committee for the period ending with the convening of the 56th session of the legislature. The immediate past chairman of the assembly standing committee on ways and means shall be the chairman of the interim finance committee during the next legislative interim, and the chairmanship shall continue to alternate between the houses of the legislature according to this pattern.

      2.  The interim finance committee exists and may exercise the powers conferred upon it by law only when the legislature is not in regular or special session.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 166 (Chapter 86, SB 18)ê

 

special session. The membership of any member who does not become a candidate for reelection or who is defeated for reelection [terminates on the day next after the election, but no vacancy is thereby created on the committee.] continues until the next session of the legislature is convened.

      3.  The director of the legislative counsel bureau shall act as the secretary of the interim finance committee.

      4.  In all matters requiring action by the interim finance committee, the vote of the assembly and senate members shall be taken separately. An action shall not be taken unless it receives the affirmative vote of a majority of the assembly members and a majority of the senate members.

      5.  Per diem allowances and travel expenses of members of the interim finance committee shall be paid from the contingency fund in the state treasury.

 

________

 

 

CHAPTER 87, SB 71

Senate Bill No. 71–Committee on Judiciary

CHAPTER 87

AN ACT relating to statutory interpretation; placing within Nevada Revised Statutes the general severability clause enacted at the time of its original enactment; and providing other matters properly relating thereto.

 

[Approved March 22, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Nevada Revised Statutes is hereby amended by prefixing thereto a new chapter which shall include the following provision:

      1.  If any provision of the Nevada Revised Statutes, or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of NRS which can be given effect without the invalid provision or application, and to this end the provisions of NRS are declared to be severable.

      2.  The inclusion of an express declaration of severability in the enactment of any provision of NRS or the inclusion of any such provision in NRS, does not enhance the severability of the provision so treated or detract from the severability of any other provision of NRS.

      Sec. 2.  The legislature declares that:

      1.  Since the enactment of Nevada Revised Statutes in 1957, it has relied upon the advice of the legislative counsel that section 6 of chapter 2, Statutes of Nevada 1957, which refers to amendments as well as the body of statutes enacted on that date, read in conjunction with section 1 of chapter 3, Statutes of Nevada 1957, amending NRS 218.310, which provides that all bills to enact new statutes of a general, public and permanent nature shall be deemed amendments to NRS, constituted a general severability provision applicable to all provisions of NRS whenever enacted.

      2.  The enactment of section 1 of this act does not represent a change of legislative intent but the substitution in a continuing way of the new severability provision for the old, reaffirming the intent of the legislature.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 167 (Chapter 87, SB 71)ê

 

of legislative intent but the substitution in a continuing way of the new severability provision for the old, reaffirming the intent of the legislature.

      Sec. 3.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 88, SB 105

Senate Bill No. 105–Committee on Environment, Public Resources and Agriculture

CHAPTER 88

AN ACT relating to cemeteries; requiring certain local government agencies to enforce regulations pertaining to the construction of specified structures; removing the authority of a city to make and enforce additional regulations concerning such structures; and providing other matters properly relating thereto.

 

[Approved March 22, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 452.210 is hereby amended to read as follows:

      452.210  1.  [No person, firm or corporation shall] A person shall not build, construct or erect any mausoleum, vault, crypt or structure intended to hold or contain dead human bodies, which shall be wholly or partially above the surface of the ground, except in compliance with the [rules and] regulations of the state board of health governing their location, materials and construction. The state board of health may adopt and, except as provided in subsection 2, the health division shall enforce such regulations.

      2.  [The state board of health is authorized and empowered to adopt and the health division is authorized to enforce such rules and regulations governing the location, materials and construction of mausoleums, vaults, crypts or other similar structures; but the proper local officials of any incorporated city shall have the authority to make and enforce such additional ordinances, bylaws, rules or regulations as they may deem necessary not inconsistent with NRS 452.210 to 452.250, inclusive, or with any rule or regulation adopted or prescribed by the state board of health.] An incorporated city or a county which:

      (a) Has a building or public works department; and

      (b) Has adopted a nationally recognized building code, entirely or with variations,

shall enforce within its respective city limits or unincorporated areas any regulations pertaining to the construction of mausoleums, vaults, crypts or other similar structures, as adopted by the state board of health under subsection 1, and shall exercise such enforcement, including supervisory control, instead of the health division and any district board of health.

      3.  Before commencing the building, construction or erection of [the same,] a mausoleum, vault, crypt or other similar structure, full detailed plans and specifications of [such] the structure shall be presented to the health division for its examination and approval. The approval of the plans and specifications of [such] the structure shall be evidenced by a certificate in writing signed by the state health officer.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 168 (Chapter 88, SB 105)ê

 

      Sec. 2.  NRS 452.230 is hereby amended to read as follows:

      452.230  1.  [The] Except as provided in subsection 2 of NRS 452.210, the health division shall have supervisory control over the construction of any [such] mausoleum, vault or crypt, and shall:

      (a) See that the approved plans and specifications are in all respects complied with.

      (b) Appoint an inspector under whose supervision [such] the mausoleum, vault or crypt shall be erected. [if county and city inspections are not made which require compliance with the Uniform Building Code of 1967.]

      (c) Determine the amount of compensation of the inspector. The compensation shall be paid by the person [, firm or corporation] erecting such mausoleum, vault or crypt.

      2.  No departure or deviation from the original plans and specifications [shall be] is permitted except upon approval of the health division, evidenced in [like manner and form] the same manner as the approval of the original plans and specifications.

      3.  [No] A mausoleum, vault, crypt or structure [so erected] shall not be used [for the purpose of interring or depositing therein] to hold any dead body until [there shall have been obtained from the health division a final certificate, signed by the state health officer, stating that the plans and specifications, as filed, have been complied with.] a final certificate is obtained indicating compliance with the plans and specifications as filed. The certificate must be signed either by the state health officer for the health division or by the head of the local building or public works department, depending upon which division or department supervised the construction under NRS 452.210.

 

________

 

 

CHAPTER 89, AB 235

Assembly Bill No. 235–Committee on Judiciary

CHAPTER 89

AN ACT relating to the state legislature; requiring the legislative counsel to prepare statutory tables for the Statutes of Nevada; and providing other matters properly relating thereto.

 

[Approved March 23, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 218.500 is hereby amended to read as follows:

      218.500  1.  The secretary of state shall furnish to the superintendent of the state printing and records division of the department of general services, within 3 days from the time he receives the same from the governor, after approval, a copy of all acts, joint and concurrent resolutions, and memorials passed at each session.

      2.  The director of the legislative counsel bureau shall:

      (a) Distribute one copy of each act as printed to each county clerk, district judge, district attorney and justice of the peace in the state.


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ê1977 Statutes of Nevada, Page 169 (Chapter 89, AB 235)ê

 

      (b) Immediately upon the adjournment of the session, collect and have printed and bound advance sheets of all acts, resolutions and memorials passed at the session.

      (c) Distribute one copy of the advance sheets, without charge, to each county clerk, district judge, district attorney and justice of the peace in the state, and establish the price at which the advance sheets shall be sold to other persons.

      3.  The [director of the] legislative counsel [bureau] shall, immediately upon the adjournment of the session, prepare statutory tables and an index of all acts, resolutions and memorials passed at the session.

      4.  The superintendent, upon receipt of the statutory tables and index, shall prepare bound volumes of the Statutes of Nevada as provided in NRS 218.510.

      Sec. 2.  NRS 218.510 is hereby amended to read as follows:

      218.510  1.  Five hundred copies of the statutes of each legislature shall be printed and bound in buckram or law sheep.

      2.  The bound volumes shall contain:

      (a) The laws, resolutions and memorials passed and adopted at each legislative session, stating the number of the bill, resolution or memorial, and the name of the person who introduced [the same.] it.

      (b) The statutory tables and index as prepared by [the director of] the legislative counsel. [bureau.]

      3.  The bound volumes containing the statutes of legislative sessions held in odd-numbered years shall contain, in addition to the items required by subsection 2 of this section:

      (a) The Constitution of the United States.

      (b) The constitution of the State of Nevada.

      4.  Other than those specified in subsections 2 and 3, no other reports, documents or things whatever shall be bound with the Statutes of Nevada.

      Sec. 3.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 90, SB 65

Senate Bill No. 65–Committee on Judiciary

CHAPTER 90

AN ACT relating to statutes; conforming their language to correct conflicting amendments and repealers; and providing other matters properly relating thereto.

 

[Approved March 23, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Section 3 of chapter 297, Statutes of Nevada 1975, at page 405, is hereby amended to read as follows:

 

       Sec. 3.  Section 1 of chapter 33, Statutes of Nevada 1975, is hereby amended to read as follows:

      Section 1.  NRS 41.505 is hereby amended to read as follows:


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 170 (Chapter 90, SB 65)ê

 

      41.505  1.  Any physician or registered nurse who in good faith gives instruction to [a paramedic] an advanced emergency medical technician-ambulance, as defined by NRS 630.430, at the scene of an emergency, and the [paramedic] advanced emergency medical technician-ambulance who obeys such instruction, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such person in rendering such emergency care.

      2.  Any person licensed under the provisions of chapters 630, 632 or 633 of NRS, who renders emergency care or assistance in an emergency, gratuitously and in good faith, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such licensed person in rendering the emergency care or assistance or as a result of any failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person. This section does not excuse a physician or nurse from liability for damages resulting from his acts or omissions which occur in a licensed health care facility relative to any person with whom there is a preexisting patient relationship.

 

      Sec. 2.  Sections 1 and 2 of chapter 409, Statutes of Nevada 1975, at page 599, are hereby amended to read respectively as follows:

 

       Section 1.  Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:

       1.  If an employee who has been hired and who is regularly employed in this state suffers an accident or injury arising out of and in the course of his employment, and his employer has failed to provide mandatory industrial insurance coverage, the employee may elect to receive compensation under the provisions of this chapter by:

       (a) Filing a written notice of his election with the commission; and

       (b) Making an irrevocable assignment to the commission of his right of action against the uninsured employer.

       2.  Any employer who has failed to provide mandatory coverage required under the provisions of this chapter shall not escape liability in any action brought by the employee of the commission by asserting any of the defenses enumerated in subsection 3 of NRS 616.375 and the presumption of negligence set forth in that subsection is applicable.

       Sec. 2.  Chapter 617 of NRS is hereby amended by adding thereto a new section which shall read as follows:

       1.  If an employee who has been hired and who is regularly employed in this state contracts an occupational disease arising out of and in the course of his employment, and his employer has failed to provide mandatory occupational disease coverage, the employee may elect to receive compensation under the provisions of this chapter by:

       (a) Filing a written notice of his election with the commission; and


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ê1977 Statutes of Nevada, Page 171 (Chapter 90, SB 65)ê

 

       (b) Making an irrevocable assignment to the commission of his right of action against the uninsured employer.

       2.  Any employer who has failed to provide mandatory coverage required under the provisions of this chapter shall not escape liability in any action brought by the employee or the commission by asserting any of the defenses enumerated in subsection 3 of NRS 616.375 and the presumption of negligence set forth in that subsection is applicable.

 

      Sec. 3.  Section 2 of chapter 525, Statutes of Nevada 1975, at page 896, is hereby amended to read as follows:

 

       Sec. 2.  NRS 353.264 is hereby amended to read as follows:

       353.264  1.  There is hereby created in the state treasury the reserve for statutory contingency fund.

       2.  The reserve for statutory contingency fund shall be administered by the state board of examiners, and the moneys in such fund shall be expended only for:

       (a) The payment of claims which are obligations of the state under NRS 41.037, 176.187, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 282.290, 282.315, 353.120, 353.262 and 412.154; and

       (b) The payment of claims which are obligations of the state under NRS 7.260, 176.215, 177.345, 179.225, 213.153 and subsection 4 of NRS 361.055, but the use of moneys from the reserve for statutory contingency fund shall be approved for the respective purposes listed in this paragraph only when the moneys otherwise appropriated for such purposes have been exhausted.

 

      Sec. 4.  Sections 49, 50, 51 and 52 of chapter 730, Statutes of Nevada 1975, at pages 1526 and 1527, respectively, are hereby amended to read respectively as follows:

 

       Sec. 49.  The clerk shall place the proper ballot page assemblies on the punchcard vote recording devices, corresponding with the sample ballots provided for in this chapter, and shall put the punchcard vote recording device in order, ready for use in voting.

       Sec. 50.  For the purpose of preparing the punchcard vote recording device for an election, the clerk shall employ competent persons, who shall be sworn to perform their duties honestly and faithfully.

       Sec. 51.  The clerk shall not appoint any person to prepare any punchcard vote recording device for an election unless he is fully qualified to perform his duties in connection with the complete preparation of the devices for the election and the instruction of the election officers and voters.

       Sec. 52.  The assistants referred to in sections 50 and 51 of this act shall, under the direction of the clerk, prepare the punchcard vote recording devices for the election and provide for the delivery of the devices to the polling places of the election district in which the election is to be held, or to the custody of the election board chairman, together with all furniture and appliances necessary for the proper conduct of the election.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 172 (Chapter 90, SB 65)ê

 

      Sec. 5.  Sections 19, 22 and 32 of chapter 739, Statutes of Nevada 1975, at pages 1575, 1576 and 1580, respectively, are hereby amended to read respectively as follows:

 

       Sec. 19.  NRS 477.030 is hereby amended to read as follows:

       477.030  1.  The state fire marshal shall enforce all laws and make rules and regulations relating to:

       (a) Fire prevention.

       (b) The storage and use of combustibles, flammables, fireworks and explosives.

       (c) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, child care facilities, foster homes, adult group care facilities, intermediate care facilities, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly, and all other buildings where large numbers of persons work, live or congregate from time to time for any purpose. As used in this paragraph, “public assembly” means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.

       (d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.

       2.  The fire chief or his designated representative in each incorporated or unincorporated city or town having an organized fire department shall have the powers and duties of a deputy state fire marshal with respect to enforcement of the laws and regulations described in subsection 1, and he shall enforce such laws and regulations without additional compensation.

       3.  The state fire marshal may set standards for equipment and appliances pertaining to fire safety or to be used for fire protection purposes within this state, including the threads used on fire hose couplings and hydrant fittings.

       4.  The state fire marshal shall cooperate with the state forester firewarden in the preparation of rules and regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040.

       5.  The state fire marshal shall cooperate with the welfare division of the department of human resources in establishing reasonable minimum standards for, overseeing the safety of and directing the means and adequacy of exit in case of fire from family foster homes and group foster homes.

       6.  The state fire marshal shall be responsible for the administration of the provisions of chapter 489 of NRS.

       7.  The state fire marshal and his deputies shall have such powers and perform such other duties as are prescribed by law.

       Sec. 22.  NRS 482.322 is hereby amended to read as follows:

       482.322  1.  Except as provided in section 1 of [this act,] Assembly Bill No. 615 of the 58th session of the legislature, no person may engage in the activities of a vehicle dealer, manufacturer or rebuilder in this state, or be entitled to any other license or permit required by this chapter, until he has applied for and has been issued a dealer′s, manufacturer′s, rebuilder′s or lessor′s license certificate or other license or permit required by the department.


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ê1977 Statutes of Nevada, Page 173 (Chapter 90, SB 65)ê

 

or rebuilder in this state, or be entitled to any other license or permit required by this chapter, until he has applied for and has been issued a dealer′s, manufacturer′s, rebuilder′s or lessor′s license certificate or other license or permit required by the department.

       2.  A vehicle dealer′s, manufacturer′s or rebuilder′s license issued pursuant to this chapter does not permit a person to engage in the business of a new or used mobile home dealer, manufacturer or rebuilder.

       3.  The department shall investigate any applicant for a dealer′s, manufacturer′s, rebuilder′s or lessor′s license certificate or license and complete an investigation report on a form provided by the department.

       Sec. 32.  1.  Section 31 of this act and this section shall become effective upon passage and approval.

       2.  Sections 1 to 18.3, inclusive, sections 23 and 24 and sections 27 to 30, inclusive, of this act shall become effective on July 1, 1975. Section 26 of this act shall become effective on July 1, 1975, at 12:01 a.m., sections 19 and 22 of this act shall become effective at 12:02 a.m. on July 1, 1975, and section 25 of this act shall become effective at 12:03 a.m. on July 1, 1975.

 

      Sec. 6.  Sections 318 and 334 of chapter 748, Statutes of Nevada 1975, at pages 1741 and 1754, respectively, are hereby amended to read respectively as follows:

 

       Sec. 318.  NRS 387.124 is hereby amended to read as follows:

       387.124  1.  On or before August 1, November 1, February 1 and May 1 of each year, the state controller shall render to the superintendent of public instruction a statement of the moneys in the state treasury subject to distribution to the several school districts of the state as provided in this section.

       2.  Immediately after the state controller has made his quarterly report, the state board of education shall apportion the state distributive school fund among the several county school districts in the following manner:

       (a) Basic support of each school district shall be computed by:

             (1) Multiplying the basic support guarantee per pupil established in NRS 387.122 by the sum of:

             (I) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school year.

             (II) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school year.

             (III) The count of handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school year.

             (IV) The count of children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550 to 388.580, inclusive, on the last day of the first school month of the school year.

             (V) One-fourth the average daily attendance-highest 3 months of part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.


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ê1977 Statutes of Nevada, Page 174 (Chapter 90, SB 65)ê

 

of part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.

             (2) Multiplying the number of special education program units maintained and operated by the amount per program established in NRS 387.122.

             (3) Adding the amounts computed in subparagraphs (1) and (2) of this paragraph.

       (b) The availability of local funds shall be determined, which local funds shall be the sum of:

             (1) The amount computed by multiplying .007 times the assessed valuation of the school district as certified by the [Nevada tax commission] department of taxation for the concurrent school year; and

             (2) The proceeds of the local school support tax imposed by chapter 374 of NRS. The [Nevada tax commission] department of taxation shall furnish an estimate of such proceeds to the state board of education on or before July 15 for the fiscal year then begun, and the state board of education shall adjust the final apportionment of the concurrent school year to reflect any difference between such estimate and actual receipts.

       (c) Apportionment computed on a yearly basis shall consist of the difference between the basic support as computed in paragraph (a) of this subsection and the local funds available as computed in paragraph (b) of this subsection, but no apportionment shall be less than 10 percent of basic support.

       (d) Apportionment shall be paid quarterly at the times provided in subsection 1, each quarterly payment to consist of approximately one-fourth of the yearly apportionment as computed in paragraph (c) of this subsection. The first quarterly apportionment based on an estimated number of pupils and special education program units and succeeding quarterly apportionments shall be subject to adjustment from time to time as the need therefor may appear. A final apportionment shall be computed as soon as practicable following the close of the school year, but not later than August 1. The final computation shall be based upon the actual counts of pupils and programs specified to be made for that school year pursuant to paragraph (a) of this subsection, and within limits specified in NRS 387.122, except that for any year when the total enrollment of pupils and children described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123 is greater on the last day of any school month after the second school month and such increase in enrollment shows at least a 3 percent gain, then basic support as computed from first month enrollment will be increased 2 percent; furthermore, if such increase in enrollment shows at least a 6 percent gain, then basic support as computed from first month enrollment will be increased an additional 2 percent. If the final computation of apportionment for any school district exceeds the actual amount paid to such school district during the school year, the additional amount due shall be paid before September 1. If the final computation of apportionment for any school district is less than the actual amount paid to such school district during the school year, the amount of overpayment shall be deducted from the next apportionment payable to such school district.


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ê1977 Statutes of Nevada, Page 175 (Chapter 90, SB 65)ê

 

than the actual amount paid to such school district during the school year, the amount of overpayment shall be deducted from the next apportionment payable to such school district. If the amount of overpayment is greater than the next apportionment payable, the difference shall be repaid to the state distributive school fund by the school district before September 1.

       (e) For any year when the average daily attendance-highest 3 months of a school district in any category is less than the average daily attendance-highest 3 months in such category during the prior year, and such lesser average daily attendance-highest 3 months was not anticipated at the time estimates were made by the superintendent of the county school district in June of the preceding school year, the superintendent of public instruction may authorize additional apportionments in amounts such that the total of all apportionments for the year do not exceed the total apportionment for the year that would be computed by substituting the count of pupils enrolled on the last day of the first school month of the prior year in the category so affected for the count of pupils enrolled on the last day of the first school month of the current year in the category so affected. As a condition precedent to such authorization, the superintendent of the county school district shall deliver to the superintendent of public instruction a request setting forth the reasons why the additional apportionment is necessary to the financial support of the school district, and the superintendent of public instruction shall review such request. As used in this paragraph, “category” means any one of the groups of persons separately described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123.

       (f) The board of trustees of any school district in this state whose estimated receipts from all sources provided by this chapter and chapter 374 of NRS, including any additional apportionment made pursuant to paragraph (e) are less for any fiscal year because of reduced average daily attendance or reduced local income, or both, than the total estimated receipts from such sources in the final approved budget for such fiscal year, and which cannot therefore provide a minimum program of education and meet its contract obligations, may apply for emergency financial assistance from the state distributive school fund and may be granted such assistance upon compliance with the following conditions and procedures:

             (1) The tax levy for the applying district shall be the maximum of $1.50 for operating costs as authorized by law, not including any special tax authorized by the provisions of NRS 387.290.

             (2) Such application shall be made to the state board of education in such form as shall be prescribed by the superintendent of public instruction, and in accordance with guidelines for evaluating needs for emergency financial assistance as established by the state board of education.

             (3) Before acting on any such application, the state board of education and state board of examiners, jointly, shall determine the difference between the total amount of money appropriated and authorized for expenditure during the current biennium from the state distributive school fund and the total amount of money estimated to be payable from such fund during the biennium pursuant to paragraphs (c) and (e), and shall make no distribution in excess of such difference.


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ê1977 Statutes of Nevada, Page 176 (Chapter 90, SB 65)ê

 

authorized for expenditure during the current biennium from the state distributive school fund and the total amount of money estimated to be payable from such fund during the biennium pursuant to paragraphs (c) and (e), and shall make no distribution in excess of such difference.

             (4) The state board of education shall review each application and shall by resolution find the least amount of additional money, if any, which it deems necessary to enable the board of trustees of the applying school district to provide a minimum educational program and meet its irreducible contract obligations. In making such determination, the state board of education shall consider also the amount available in the distributive school fund and the anticipated amount of future applications, so that no deserving school district will be wholly denied relief.

             (5) If the state board of education finds that emergency assistance should be granted to an applying school district, it shall transmit its resolution finding such amount to the state board of examiners, along with a report to its then-current estimate of the total requirements to be paid from the state distributive school fund during the then-current fiscal year.

             (6) The state board of examiners shall independently review each resolution so transmitted by the state board of education, may require the submission of such additional justification as it deems necessary, and shall find by resolution the amount of emergency assistance, if any, to be granted. The board may defer, and subsequently grant or deny, any part of a request.

             (7) The state board of examiners shall transmit one copy of its finding to the state board of education and one copy to the state controller. Upon receipt of a claim pursuant to a grant of emergency assistance, such claim shall be paid from the state distributive school fund as other claims against the state are paid.

             (8) Money received by a school district pursuant to a grant of relief may be expended only in accordance with the approved budget of such school district for the fiscal year for which such grant is made. No formal action to incorporate the money so received in the approved budget is required, but such receipts shall be reported as other receipts are reported and explained in a footnote as [emergency loans are] short-term financing is explained.

             (9) The state board of education shall transmit to the legislature a report of each and every grant of emergency assistance paid pursuant to this paragraph.

       3.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees shall be credited with attendance during that period.

       Sec. 334.  1.  Sections 48 and 49 of this act shall become effective on July 1, 1976.

       2.  Sections 107, 108 and 111 of this act shall become effective on July 1, 1979.

       3.  Sections 55, 56, 62, 76, 78, 85, 102, 103, 121, 122, 125, 129, 133 and 318 of this act shall become effective at 12:01 a.m.


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ê1977 Statutes of Nevada, Page 177 (Chapter 90, SB 65)ê

 

129, 133 and 318 of this act shall become effective at 12:01 a.m. on July 1, 1975.

       4.  Sections 78 and 331 of this act shall become effective at 12:02 a.m. on July 1, 1975.

       5.  All other sections of this act shall become effective on July 1, 1975.

 

      Sec. 7.  Sections 1 and 3 of chapter 753, Statutes of Nevada 1975, at pages 1783 and 1785, respectively, are hereby amended to read respectively as follows:

 

       Section 1.  NRS 488.075 is hereby amended to read as follows:

       488.075  1.  The owner of each motorboat requiring numbering by this state shall file an application for a number and for a certificate of ownership with the department on forms approved by it accompanied by: [proof]

       (a) Proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the department of taxation, or by proof of exemption from such taxes as provided in NRS 372.320. [, and by such evidence]

       (b) Proof of compliance with the requirements of chapter 361 of NRS, evidenced by a movable personal property tax receipt on such motorboat or by an assessor′s certificate declaring no immediate tax collection on such motorboat under the provisions of NRS 361.505 was deemed necessary.

       (c) Such evidence of ownership as the department may require.

The department shall not issue a number, a certificate of number or a certificate of ownership until such evidence is presented to it.

       2.  The department shall not issue or renew a certificate of number if it has been notified by a county assessor prior to December 1 of any year that the owner is delinquent in the payment of personal property taxes as required by chapter 361 of NRS. Any such notice shall be in such form as the department may prescribe. Upon receipt of an application from an owner who is delinquent in the payment of personal property taxes, the department shall notify the owner that the taxes are delinquent; and may forward the certificate to the county assessor for release on payment of the taxes, or may hold the certificate pending proof of payment of the taxes.

       3.  The application shall be signed by the owner of the motorboat and shall be accompanied by a fee of $3 for the certificate of number and a fee of $3 for the certificate of ownership. All fees received by the department under the provisions of this chapter shall be deposited in the fish and game fund and shall be expended only for the administration and enforcement of the provisions of this chapter. Upon receipt of the applicant in approved form, the department shall:

       (a) Enter the same upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.


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ê1977 Statutes of Nevada, Page 178 (Chapter 90, SB 65)ê

 

       (b) Immediately give written notice to the county assessor of the county wherein such motorboat is situated, which notice shall contain the name and address of the owner and identifying information concerning such motorboat.

       [3.]4.  The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by rules and regulations of the department in order that it may be clearly visible. The number shall be maintained in legible condition. If an agency of the United States Government has in force an overall system of identification numbering for motorboats within the United States, the regulations of the department as to size, color and type of number shall be in conformity therewith.

       [4.]5.  The certificate of number shall be pocket size and shall be available at all times for inspection on the motorboat for which issued, whenever such motorboat is in operation.

       [5.]6.  The department shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by such manufacturers and dealers in connection with the demonstration, sale or exchange of such motorboats. The fee for each such number shall be $3.

       Sec. 3.  Section 1 of Senate Bill No. 119 of the 58th session of the Nevada legislature is hereby amended to read as follows:

       Section 1.  NRS 488.075 is hereby amended to read as follows:

       488.075  1.  The owner of each motorboat requiring numbering by this state shall file an application for a number and for a certificate of ownership with the department on forms approved by it accompanied by:

       (a) Proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the department of taxation, or by proof of exemption from such taxes as provided in NRS 372.320.

       (b) Proof of compliance with the requirements of chapter 361 of NRS, evidenced by a movable personal property tax receipt on such motorboat or by an assessor′s certificate declaring no immediate tax collection on such motorboat under the provisions of NRS 361.505 was deemed necessary.

       (c) Such evidence of ownership as the department may require.

The department shall not issue a number, a certificate of number or a certificate of ownership until such evidence is presented to it.

       2.  The department shall not issue or renew a certificate of number if it has been notified by a county assessor prior to December 1 of any year that the owner is delinquent in the payment of personal property taxes as required by chapter 361 of NRS. Any such notice shall be in such form as the department may prescribe. Upon receipt of an application from an owner who is delinquent in the payment of personal property taxes, the department shall notify the owner that the taxes are delinquent; and may forward the certificate to the county assessor for release on payment of the taxes, or may hold the certificate pending proof of payment of the taxes.


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ê1977 Statutes of Nevada, Page 179 (Chapter 90, SB 65)ê

 

taxes, or may hold the certificate pending proof of payment of the taxes.

       3.  The application shall be signed by the owner of the motorboat and shall be accompanied by a fee of [$3] $5 for the certificate of number and a fee of [$3] $5 for the certificate of ownership. All fees received by the department under the provisions of this chapter shall be deposited in the fish and game fund and shall be expended only for the administration and enforcement of the provisions of this chapter. Upon receipt of the application in approved form, the department shall:

       (a) Enter the same upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.

       (b) Immediately give written notice to the county assessor of the county wherein such motorboat is situated, which notice shall contain the name and address of the owner and identifying information concerning such motorboat.

       4.  The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by rules and regulations of the department in order that it may be clearly visible. The number shall be maintained in legible condition. If an agency of the United States Government has in force an overall system of identification numbering for motorboats within the United States, the regulations of the department as to size, color and type of number shall be in conformity therewith.

       5.  The certificate of number shall be pocket size and shall be available at all times for inspection on the motorboat for which issued, whenever such motorboat is in operation.

       6.  The department shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by such manufacturers and dealers in connection with the demonstration, sale or exchange of such motorboats. The fee for each such number shall be [$3.] $5.

 

      Sec. 8.  Chapter 753, Statutes of Nevada 1975, at page 1783, is hereby amended by adding thereto a new section to be designated as section 4, which shall immediately follow section 3 and shall read as follows:

 

       Sec. 4.  1.  Section 2 of this act and this section shall become effective on July 1, 1975.

       2.  Sections 1 and 3 of this act shall become effective at 12:01 a.m. on July 1, 1975.

 

      Sec. 9.  Sections 19 and 53 of chapter 759, Statutes of Nevada 1975, at pages 1801 and 1812, respectively, are hereby amended to read respectively as follows:

 

       Sec. 19.  NRS 354.624 is hereby amended to read as follows:


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ê1977 Statutes of Nevada, Page 180 (Chapter 90, SB 65)ê

 

       354.624  1.  Each local government shall provide for an annual audit of all funds [, accounts] and separate [bank accounts,] accounts in banks or savings and loan associations, established under NRS 354.603, of that local government, and may provide for more frequent audits as it deems necessary. Each annual audit shall be concluded and the audit report submitted to the governing body as provided in subsection 4 not later than 5 months from the close of the fiscal year for which the audit is conducted. An extension of this time may be granted by the department of taxation to any local government which makes application for such extension. If the local government fails to provide for an audit in accordance with the provisions of this section, the department of taxation shall cause such audit to be made at the expense of the local government. All audits shall be made by a public accountant certified or registered or by a partnership registered under the provisions of chapter 628 of NRS.

       2.  The governing body may, without requiring competitive bids, designate such accountant or firm annually. The accountant or firm shall be designated not later than 3 months prior to the close of the fiscal year for which the audit is to be made.

       3.  Each annual audit shall cover the business of the local government during the full fiscal year. It shall be a comprehensive audit of the affairs of the local government, including comment on the balance sheets accounts, results of operations, compliance with statutes and regulations, recommendations for improvements, and any other comments deemed pertinent by the auditor, and including his expression of opinion as to the adequacy of the financial presentation. The form of the financial statements shall be prescribed by the department of taxation, and the chart of accounts shall be as nearly as possible the same as that used in the preparation and publication of the annual budget. The audit shall compare operations of the local government with the approved budget. Included shall be a statement from the auditor that previously noted deficiencies in operations and previously made recommendations for improvements contained in previous audit reports have been acted upon by adoption as recommended, adoption with modifications, or rejection.

       4.  The recommendation and the summary of the narrative comments of the audit report shall be read in full at a meeting of the governing body held not more than 15 days after the report is submitted. Immediately thereafter, the entire audit report shall be filed as a public record with:

       (a) The clerk or secretary of the governing body;

       (b) The county clerk;

       (c) The department of taxation;

       (d) In the case of school districts, the state department of education; and

       (e) In the case of general improvement districts subject to the jurisdiction of the public service commission of Nevada pursuant to NRS 318.140 and 318.144, to the commission.

       5.  The governing body shall act upon the audit recommendations by setting forth in its minutes its intention to adopt the recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes.


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ê1977 Statutes of Nevada, Page 181 (Chapter 90, SB 65)ê

 

recommendations, to adopt them with modifications or to reject them for reasons shown in the minutes. Such action shall be taken within 6 months following receipt of the audit.

       Sec. 53.  Sections 12, 18, 19 and 38 of this act shall become effective at 12:01 a.m. on July 1, 1975. Section 9 of this act shall become effective at 12:02 a.m. on July 1, 1975.

 

      Sec. 10.  Section 31 of chapter 241, Statutes of Nevada 1975, at page 303, and section 1 of chapter 655, Statutes of Nevada 1975, at page 1295, are hereby repealed.

      Sec. 11.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 91, SB 67

Senate Bill No. 67–Committee on Judiciary

CHAPTER 91

AN ACT relating to statutory interpretation; providing certain grammatical principles applicable to Nevada Revised Statutes as a whole; and providing other matters properly relating thereto.

 

[Approved March 23, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Nevada Revised Statutes is hereby amended by prefixing thereto a new chapter which shall include the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  This chapter provides definitions and declarations of legislative intent which apply to Nevada Revised Statutes as a whole.

      Sec. 3.  Except as otherwise expressly provided in a particular statute or required by the context:

      1.  The masculine gender includes the feminine and neuter genders.

      2.  The singular number includes the plural number, and the plural includes the singular.

      3.  The present tense includes the future tense.

The use of a masculine noun or pronoun in conferring a benefit or imposing a duty does not exclude a female person from that benefit or duty.

The use of a feminine noun or pronoun in conferring a benefit or imposing a duty does not exclude a male person from that benefit or duty.

      Sec. 4.  NRS 10.010 is hereby amended to read as follows:

      10.010  1.  The following words in Title 2 have the [signification attached] meanings ascribed to them in this section, unless otherwise apparent from the context:

      (a) “Affinity” when applied to the marriage relation signifies the connection existing in consequence of marriage between each of the married persons and the blood relatives of the other.

      (b) “Month” means a calendar month, unless otherwise expressed.

      (c) “Person” includes a company, partnership, association or corporation as well as a natural person.


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ê1977 Statutes of Nevada, Page 182 (Chapter 91, SB 67)ê

 

      (d) “Personal property” includes money, goods, chattels, things in action and evidences of debt.

      (e) “Process” signifies a writ or summons in the course of judicial proceedings.

      (f) “Property” includes both real and personal property.

      (g) “Real property” is coextensive with lands, tenements and hereditaments.

      (h) “State” when applied to the different parts of the United States, includes the District of Columbia and the territories.

      (i) “United States” may include the District of Columbia and territories or insular possessions.

      (j) “Will” includes codicil.

      (k) “Writ” signifies an order or precept in writing, issued in the name of the state or of a court or judicial officer.

      2.  As used in Title 2:

      (a) [Words in the present tense include the future as well as the present.

      (b) Words in the masculine gender include the feminine and neuter.

      (c) The singular number includes the plural, and the plural the singular.

      (d)] Writing includes printing and typewriting.

      [(e)](b) Oath includes affirmation or declaration.

      [(f)](c) Every mode of oral statement, under oath or affirmation, is embraced by the term “testify,” and every written one in the term “depose.”

      [(g)](d) Signature or subscription includes mark when the person cannot write, his name being written near it by a person who writes his own name as a witness; but when a signature is by mark it must, in order that [the same] it may be acknowledged or may serve as the signature to any sworn statement, be witnessed by two persons who must subscribe their own names as witnesses thereto.

      Sec. 5.  NRS 28.010 is hereby amended to read as follows:

      28.010  1.  The following words in Title 3 have the [signification attached] meanings ascribed to them in this section, unless otherwise apparent from the context:

      (a) “Affinity” when applied to the marriage relation signifies the connection existing in consequence of marriage between each of the married persons and the blood relatives of the other.

      (b) “Month” means a calendar month, unless otherwise expressed.

      (c) “Person” includes a company, partnership, association or corporation as well as a natural person.

      (d) “Personal property” includes money, goods, chattels, things in action and evidences of debt.

      (e) “Process” signifies a writ or summons in the course of judicial proceedings.

      (f) “Property” includes both real and personal property.

      (g) “Real property” is coextensive with lands, tenements and hereditaments.

      (h) “State,” when applied to the different parts of the United States, includes the District of Columbia and the territories.


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ê1977 Statutes of Nevada, Page 183 (Chapter 91, SB 67)ê

 

      (i) “United States” may include the District of Columbia and territories or insular possessions.

      (j) “Will” includes codicil.

      (k) “Writ” signifies an order or precept in writing issued in the name of the state or of a court or judicial officer.

      2.  As used in Title 3:

      (a) [Words in the present tense include the future as well as the present.

      (b) Words in the masculine gender include the feminine and neuter.

      (c) The singular number includes the plural, and the plural the singular.

      (d)] Writing includes printing and typewriting.

      [(e)](b) Oath includes affirmation or declaration.

      [(f)](c) Every mode of oral statement, under oath or affirmation, is embraced by the term “testify,” and every written one by the term “depose.”

      [(g)](d) Signature or subscription includes mark, when the person cannot write, his name being written near it by a person who writes his own name as a witness; but when a signature is by mark it must, in order that [the same] it may be acknowledged or may serve as the signature to any sworn statement, be witnessed by two persons who must subscribe their own names as witnesses thereto.

      Sec. 6.  NRS 62.020 is hereby amended to read as follows:

      62.020  [1.]  When used in this chapter, unless the context otherwise requires:

      [(a)]1.  “Adult” means a person 18 years of age or older.

      [(b)]2.  “Child” means a person less than 18 years of age or a person less than 21 years of age who committed an act of delinquency before reaching the age of 18 years.

      [(c)]3.  “Court” means the juvenile division of the district court.

      [(d)]4.  “Judge” means the judge of the juvenile division of the district court.

      [(e)]5.  “Minor traffic offense” means a violation of any state or local law, ordinance or resolution governing the operation of a motor vehicle upon any street, alley or highway within the State of Nevada other than:

             [(1)](a) Manslaughter.

             [(2)](b) Driving a motor vehicle while under the influence of intoxicating liquor, a controlled substance or a drug in violation of NRS 484.379.

             [(3)](c) Driving a motor vehicle without having been issued a license or permit to drive such a vehicle, or during suspension of a driver′s license or permit.

             [(4)](d) Any traffic offense declared to be a felony.

      [2.  The singular includes the plural, the plural the singular, and the masculine the feminine, when consistent with the intent of this chapter.]

      Sec. 7.  NRS 64.020 is hereby amended to read as follows:

      64.020  1.  The following words in Title 6 have the [signification attached] meanings ascribed to them in this section, unless otherwise apparent from the context:


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ê1977 Statutes of Nevada, Page 184 (Chapter 91, SB 67)ê

 

      (a) “Affinity” when applied to the marriage relation signifies the connection existing in consequence of marriage between each of the married persons and the blood relatives of the other.

      (b) “Month” means a calendar month, unless otherwise expressed.

      (c) “Person” includes a company, partnership, association or corporation as well as a natural person.

      (d) “Personal property” includes money, goods, chattels, things in action and evidences of debt.    

      (e) “Process” signifies a writ or summons in the course of judicial proceedings.

      (f) “Property” includes both real and personal property.

      (g) “Real property” is coextensive with lands, tenements and hereditaments.

      (h) “State” when applied to the different parts of the United States includes the District of Columbia and the territories.

      (i) “United States” may include the District of Columbia and territories or insular possessions.

      (j) “Will” includes codicil.

      (k) “Writ” signifies an order or precept in writing, issued in the name of the state or of a court or judicial officer.

      2.  As used in Title 6:

      (a) [Words in the present tense include the future as well as the present.

      (b) Words in the masculine gender include the feminine and neuter.

      (c) The singular number includes the plural, and the plural the singular.

      (d)] Writing includes printing and typewriting.

      [(e)](b) Oath includes affirmation or declaration.

      [(f)](c) Every mode of oral statement, under oath or affirmation, is embraced by the term “testify,” and every written one in the term “depose.”

      [(g)](d) Signature or subscription includes mark when the person cannot write, his name being written near it by a person who writes his own name as a witness; but when a signature is by mark it must, in order that [the same] it may be acknowledged or may serve as the signature to any sworn statement, be witnessed by two persons who must subscribe their own names as witnesses thereto.

      Sec. 8.  NRS 78.010 is hereby amended to read as follows:

      78.010  1.  As used in this chapter:

      (a) “Articles of incorporation” and “certificate of incorporation” [shall be construed as] are synonymous terms and unless the context [shall otherwise require, shall include] otherwise requires, include all certificates filed pursuant to NRS 78.030, 78.195, 78.207, 78.380, 78.385, 78.390, and 78.410 to 78.445, inclusive, and any agreement of consolidation or merger filed pursuant to NRS 78.450 to 78.490, inclusive.

      (b) “Directors” and “trustees” [shall be construed as] are synonymous terms.

      (c) “Principal office,” “principal place of business,” and “principal office in this state,” [shall be construed as] are synonymous terms [and as] referring to the office maintained in this state as required by NRS 78.090.


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ê1977 Statutes of Nevada, Page 185 (Chapter 91, SB 67)ê

 

      (d) “Receiver” [shall be construed to include] includes receivers and trustees appointed as provided in this chapter.

      [(e) The singular number shall include the plural, and the plural shall include the singular.]

      2.  General terms and powers given in this chapter shall not be restricted by the use of special terms, or be held to be restricted by any grant of special powers contained in this chapter.

      Sec. 9.  NRS 128.010 is hereby amended to read as follows:

      128.010  [1.  When used in this chapter the singular includes the plural, the plural the singular, and the masculine the feminine when consistent with the intent of this chapter.

      2.]  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 128.011 to 128.018, inclusive, have the meanings ascribed to them in [such] those sections.

      Sec. 10.  NRS 129.030 is hereby amended to read as follows:

      129.030  1.  A minor may give consent for the health care services provided in subsection 2 for [herself or] himself or for [her or] his child, if [such minor] he is:

      (a) Living separate and apart from [her or] his parents or legal guardian, with or without the consent of such parent, parents or legal guardian, and has so lived for a period of at least four months;

      (b) Married or has been married;

      (c) A mother, or has borne a child; or

      (d) In a physician′s judgment, in danger of suffering a serious health hazard if health care services are not provided.

      2.  Except as otherwise provided in NRS 442.250 [,] and subsection 4 of this section, the consent of the parent or parents or the legal guardian of a minor is not necessary for a local or state health officer, board of health, licensed physician or public or private hospital to examine or provide treatment for any minor, included within the provisions of subsection 1, who understands the nature and purpose of the proposed examination or treatment and its probable outcome, and voluntarily requests it. The consent of the minor to examination or treatment pursuant to this subsection is not subject to disaffirmance because of minority.

      3.  A person who treats a minor pursuant to subsection 2 shall, prior to initiating treatment, make prudent and reasonable efforts to obtain [the minor′s] his consent to [contact the] communicate with his parent, parents or legal guardian, [of such minor,] and shall make a note of such efforts in the [minor′s] health care record. If such person believes that such efforts would jeopardize treatment necessary to such minor′s life or necessary to avoid a serious and immediate threat to such minor′s health, such person may omit such efforts and note the reasons for such omission in the [minor′s] health care record.

      4.  [Notwithstanding the provisions of subsection 2, a] A minor may not consent to [her or] his sterilization.

      5.  In the absence of negligence, no person providing health care services pursuant to subsection 2 [shall be] is subject to civil or criminal liability for providing such services.

      6.  The parent, parents or legal guardian of a minor who receives health care services pursuant to subsection 2 [shall not be] are not liable for the payment of such health care services unless such parent, parents or legal guardian has consented to such health care services.


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ê1977 Statutes of Nevada, Page 186 (Chapter 91, SB 67)ê

 

or legal guardian has consented to such health care services. The provisions of this subsection [shall] do not relieve a parent, parents or legal guardian from liability for payment for emergency health care services provided to a minor pursuant to NRS 129.040.

      Sec. 11.  NRS 169.215 is hereby amended to read as follows:

      169.215  1.  [Words in the present tense include the future as well as the present.

      2.  Words in the masculine gender include the feminine and neuter.

      3.  The singular number includes the plural, and the plural the singular.

      4.]  Writing includes printing and typewriting.

      [5.]2.  Every mode of oral statement, under oath or affirmation, is embraced by the term “testify,” and every written one in the term “depose.”

      Sec. 12.  NRS 278.010 is hereby amended to read as follows:

      278.010  [1.]  For the purpose of NRS 278.010 to 278.630, inclusive:

      [(a)]1.  “Building code” means ordinances, plans, regulations, or rulings adopted by the governing body for the purpose of regulating and specifying the soundness of construction of structures.

      [(b)]2.  “Cities and counties” means all counties and cities located in counties. Carson City is considered as a county.

      [(c)]3.  “Commission” means the planning commission of the city, the county or the region, as established by ordinance.

      [(d)]4.  “County surveyor” means a person appointed as such or a person designated by a board of county commissioners or the board of supervisors of Carson City to perform the duties of a county surveyor under this chapter.

      [(e)]5.  “Final map” means a map prepared in accordance with the provisions of NRS 278.010 to 278.630, inclusive, and those of any applicable local ordinance, which map is designed to be placed on record in the office of the county recorder of the county in which any part of the subdivision is located or the recorder of Carson City.

      [(f)]6.  “Governing body” means the city council or the board of county commissioners or, in the case of Carson City, the board of supervisors.

      [(g)]7.  “Improvement” means only such street work and utilities to be installed on land dedicated or to be dedicated for streets and easements as are necessary for general use of property owners in the subdivision and local neighborhood traffic and drainage needs.

      [(h)]8.  “Local ordinance” means an ordinance enacted by the governing body of any city or county, under the powers granted in NRS 278.010 to 278.630, inclusive, and within the limitations therein set forth, regulating the design and improvement of land subdivisions. A certified copy of the ordinance and amendments thereto shall be recorded in the office of the county recorder or the recorder of Carson City.

      [(i)]9.  “Parcel map” means a map prepared as provided in NRS 278.500 and 278.510.


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ê1977 Statutes of Nevada, Page 187 (Chapter 91, SB 67)ê

 

      [(j)]10.  “Right-of-way” includes all public and private rights-of-way and shall include all areas required for public use in accordance with any master plan or parts thereof.

      [(k)]11.  “Streets” includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, public easements and rights-of-way and other ways.

      [(l)]12.  “Subdivider” means a person, firm, corporation, partnership or association who causes land to be divided into a subdivision for himself or for others.

      [(m)]13.  “Subdivision” is defined in NRS 278.320.

      [(n)]14.  “Tentative map” means a map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it, and need not be based upon an accurate or detailed final survey of the property.

      [2.  Whenever appropriate, the singular includes the plural and the plural includes the singular.]

      Sec. 13.  NRS 408.015 is hereby amended to read as follows:

      408.015  1.  Unless the particular provision or the context otherwise requires, the rules of construction and general provisions set forth in this section [shall] govern the construction of this chapter.

      2.  Whenever any power or authority is given to, or any duty is imposed upon, any person by the provisions of this chapter it may be exercised or performed by any deputy or person authorized by him unless it is expressly provided that it shall be exercised in person.

      3.  Whenever any reference is made to any portion of this chapter or of any other law, such reference [shall apply] applies to all amendments and additions thereto.

      [4.  The present tense shall include the past and future tenses, and the future, the present.

      5.  The masculine gender shall include the feminine and neuter.

      6.  The singular number includes the plural, and the plural, the singular.]

      Sec. 14.  NRS 454.001 is hereby amended to read as follows:

      454.001  [1.]  As used in this chapter, the words and terms defined in NRS 454.002 to 454.0098, inclusive, [shall] have the meanings ascribed to them in NRS 454.002 to 454.0098, inclusive, unless a different meaning clearly appears in the context.

      [2.  Unless the context otherwise requires, the singular number shall include the plural number, and the masculine gender shall include the feminine gender.]

      Sec. 15.  NRS 582.020 is hereby amended to read as follows:

      582.020  As used in this chapter, “person” [shall be construed to imply both the singular and the plural, as the case demands, and shall include] includes natural persons, partnerships, corporations, companies, societies and associations.

      Sec. 16.  NRS 588.010 is hereby amended to read as follows:

      588.010  [1.]  When used in this chapter, the words and phrases defined in NRS 588.020 to 588.150, inclusive, [shall] have the meaning ascribed to them [herein.

      2.  Words imputing the singular number may extended and be applied to several persons or things, and words imputing the plural number may include the singular.]


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ê1977 Statutes of Nevada, Page 188 (Chapter 91, SB 67)ê

 

to several persons or things, and words imputing the plural number may include the singular.] in those sections.

      Sec. 17.  NRS 590.020 is hereby amended to read as follows:

      590.020  [1.]  When used in NRS 590.010 to 590.330, inclusive, unless the context otherwise requires:

      [(a)]1.  “Advertising medium” means any sign, printed or written matter, or device for oral or visual communication.

      [(b)]2.  “Person” means any firm, association or corporation, as well as a natural person.

      [(c)]3.  “Petroleum products” means gasoline, distillate, kerosene, motor fuel, lubricating oil and motor oil, or any product represented as motor oil or lubricating oil, but does not include liquefied petroleum gas or motor oil additives.

      [(d)]4.  “Additives” means a substance to be added to a motor oil or lubricating oil to impart or improve desirable properties or to suppress undesirable properties.

      [2.  The singular includes the plural, the plural the singular, and the masculine the feminine, when consistent with the intent of NRS 590.010 to 590.330, inclusive.]

      Sec. 18.  NRS 600.040 is hereby amended to read as follows:

      600.040  As used in NRS 600.050 to 600.120, inclusive, [:

      1.  “Person” means an individual,] person means a natural person, firm, association or corporation.

      [2.  The singular includes the plural, the plural the singular, and the masculine the feminine and neuter.]

      Sec. 19.  NRS 616.015 is hereby amended to read as follows:

      616.015  [1.]  Unless a different meaning is clearly indicated by the context, the definitions [hereinafter] set forth [shall] in NRS 616.020 to 616.120, inclusive, govern the construction and meaning of the terms and phrases used in this chapter.

      [2.  Unless the context otherwise requires, a word used in this chapter in the singular number shall also include the plural. The masculine gender shall also include the feminine and neuter.]

      Sec. 20.  NRS 617.020 is hereby amended to read as follows:

      617.020  [1.]  Unless a different meaning is clearly indicated by the context, the definitions [hereinafter] set forth in NRS 617.030 to 617.150, inclusive, and the definitions set forth in chapter 616 of NRS for additional terms and phrases [shall] govern the construction and meaning of the terms and phrases used in this chapter.

      [2.  Unless the context otherwise requires, a word used in this chapter in the singular number shall also include the plural. The masculine gender shall also include the feminine and neuter.]

      Sec. 21.  NRS 628.025 is hereby amended to read as follows:

      628.025  As used in this chapter:

      1.  “Board” means the Nevada state board of accountancy.

      2.  “Live permit” means a permit issued under NRS 628.380 which is not revoked or suspended.

      3.  “State” includes any state, territory or insular possession of the United States, or the District of Columbia.

      [4.  Words in the masculine gender include the feminine.]


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ê1977 Statutes of Nevada, Page 189 (Chapter 91, SB 67)ê

 

      Sec. 22.  NRS 632.010 is hereby amended to read as follows:

      632.010  As used in this chapter:

      1.  “Accredited school of nursing” means a school of nursing which [has been] is accredited by the board or other body or agency authorized by law to accredit or approve schools of nursing in the state in which the school is located.

      2.  “Board” means the state board of nursing.

      3.  “Certified registered nurse anesthetist” means a person who has completed a nationally accredited program in the sciences of anesthesia, who, when licensed as a registered nurse under the provisions of this chapter, administer anesthetic agents to [individuals] a person under the care of those persons licensed by the State of Nevada to practice dentistry, surgery or obstetrics.

      4.  “Emergency” means an unforeseen combination of circumstances calling for immediate action.

      5.  “Licensed practical nurse” means a person who is licensed to practice practical nursing as defined in subsection 6 of this section and as provided in this chapter.

      6.  “Practice of practical nursing” means the performance for compensation of selected acts in the care of the ill, injured or infirm under the direction of a registered professional nurse, a licensed physician, a licensed dentist or a licensed chiropodist, not requiring the substantial specialized skill, judgment and knowledge required in professional nursing.

      7.  “Practice of professional nursing” means the performance for compensation of any act in the observation, care and counsel of the ill, injured or infirm, in the maintenance of health or prevention of illness of others, in the supervision and teaching of other personnel, or in the administration of medications and treatments as prescribed by a licensed physician, a licensed dentist or licensed chiropodist, requiring substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical and social science, but does not include acts of medical diagnosis or prescription of therapeutic or corrective measures. A professional nurse may also perform such additional acts, under [such] emergency or other special conditions [as may be] prescribed by [rules and] regulations adopted by the board, which shall include special training, as are recognized by the medical and nursing professions as proper to be performed by a professional nurse under [such] those conditions, even though [such] the acts might otherwise be considered diagnosis and prescription, but nothing in this chapter authorizes professional nurses to perform those functions and duties specifically delegated by law to those persons licensed as dentists, podiatrists, optometrists or chiropractors.

      8.  “Registered nurse” means a person who is licensed to practice professional nursing.

      [9.  Unless the context otherwise requires, the masculine gender shall include the feminine gender, and the singular number shall include the plural number.]

      Sec. 23.  NRS 634.010 is hereby amended to read as follows:

      634.010  As used in this chapter:

      1.  “Board” means the Nevada state board of chiropractic examiners.


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ê1977 Statutes of Nevada, Page 190 (Chapter 91, SB 67)ê

 

      2.  “Chiropractic” is defined to be the science, art and practice of palpating and adjusting the articulations of the human body by hand, the use of physiotherapy, hygienic, nutritive and sanitary measures and all methods of diagnosis.

      3.  “Unprofessional conduct” means:

      (a) Obtaining a certificate upon fraudulent credentials or gross misrepresentation.

      (b) Procuring, or aiding or abetting in procuring, criminal abortion.

      (c) Obtaining a fee on assurance that a manifestly incurable disease can be permanently cured.

      (d) Advertising chiropractic business in which grossly improbable statements are made, advertising in any manner that will tend to deceive, defraud or mislead the public or preparing, causing to be prepared, using or participating in the use of any form of public communication that contains professionally self-laudatory statements calculated to attract lay patients. As used in this paragraph, public communication includes, but is not limited to, communications by means of television, radio, newspapers, books and periodicals, motion picture, handbills or other printed matter. Nothing contained in this paragraph [shall be construed to prohibit] prohibits the direct mailing of informational documents to former or current patients.

      (e) Willful disobedience of the law, or of the [rules and] regulations of the state board of health, or of the [rules and] regulations of the Nevada state board of chiropractic examiners.

      (f) Conviction of any offense involving moral turpitude, or the conviction of a felony. The record of the conviction [shall be] is conclusive evidence of unprofessional conduct.

      (g) Administering, dispensing or prescribing any controlled substance as defined in chapter 453 of NRS.

      (h) Conviction or violation of any federal or state law regulating the possession, distribution or use of any controlled substance as defined in chapter 453 of NRS. The record of conviction [shall be] is conclusive evidence of unprofessional conduct.

      (i) Habitual intemperance or excessive use of alcohol or alcoholic beverages or any controlled substance as defined in chapter 453 of NRS.

      (j) Conduct unbecoming a person licensed to practice chiropractic or detrimental to the best interests of the public.

      (k) Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter.

      (l) Employing, directly or indirectly, any suspended or unlicensed practitioner in the practice of any system or mode of treating the sick or afflicted, or the aiding or abetting of any unlicensed person to practice chiropractic under this chapter.

      [4.  Unless the context otherwise requires, the masculine gender shall include the feminine gender, and the singular number shall include the plural number.]

      Sec. 24.  NRS 635.010 is hereby amended to read as follows:

      635.010  For the purpose of this chapter:

      1.  “Board” means the state board of podiatry.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 191 (Chapter 91, SB 67)ê

 

      2.  “Podiatry” (sometimes called chiropody) is the diagnosis and the medical, surgical, mechanical, manipulative and electrical treatment of all ailments of the human foot and leg not in connection with the practice of another licensed profession, excepting amputation of the foot or leg or the administration of an anesthetic other than local. The following is an explanation of the terms defining podiatry:

      (a) “Diagnosis” means to ascertain a disease or ailment by its general symptoms.

      (b) “Electrical treatment” means the administration of electricity to the foot or leg by means of electrodes, machinery, rays and the like.

      (c) “Manipulative treatment” means the use of the hand or machinery in the operation or working upon the foot or leg and its articulations.

      (d) “Mechanical treatment” means application of any mechanical appliance made of steel, leather, felt or any material to the foot or leg or in the shoe for the purpose of treating any disease, deformity or ailment.

      (e) “Medical treatment” means the application to or prescription for the foot or leg of medicines, pads, adhesives, felt, plasters or any medical agency.

      (f) “Surgical treatment” means the use of any cutting instrument to treat a disease, ailment or condition.

      3.  “Podiatry hygienist” means a person engaged in assisting a podiatrist in the treatment of the human foot through the reduction of excrescencies of the foot, including without limitation corns and calluses, and the cutting of the nails of the foot.

      [4.  Unless the context otherwise requires, the masculine gender shall include the feminine gender, and the singular number the plural number.]

      Sec. 25.  NRS 637.020 is hereby amended to read as follows:

      637.020  [1.]  In this chapter, unless the context otherwise requires:

      [(a)]1.  “Apprentice dispensing optician” means a person receiving practical training and experience in ophthalmic dispensing in accordance with regulations established by the board.

      [(b)]2.  “Board” means the board of dispensing opticians.

      [(c)]3.  “Dispensing optician” means a person engaged in the practice of ophthalmic dispensing.

      [(d)]4.  “Licensed physician, surgeon or optometrist” means a person licensed by the respective state board having jurisdiction thereof.

      [(e)]5.  “Ophthalmic dispensing” means the practice of filling prescriptions of licensed physicians, surgeons or optometrists, and includes the taking of facial measurements, fitting and adjustment of lenses or frames, duplication of lenses, and the measurement, fitting or adaptation of contact lenses to the human eye under the direction and supervision of a physician or surgeon. [licensed in the State of Nevada.]

      [(f)]6.  “Person” means [an individual only.] a natural person.

      [2.  As used in this chapter, unless the context otherwise requires:

      (a) Words in the masculine gender shall include the feminine gender.

      (b) Words in the singular shall include the plural.

      (c) Words in the plural shall include the singular.]

      Sec. 26.  NRS 639.001 is hereby amended to read as follows:


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 192 (Chapter 91, SB 67)ê

 

      639.001  [1.]  As used in this chapter, the words and terms defined in NRS 639.002 to 639.016, inclusive, have the meanings ascribed to them in [such] those sections unless a different meaning clearly appears in the context.

      [2.  Unless the context otherwise requires, the singular number includes the plural number, and the masculine gender includes the feminine gender.]

      Sec. 27.  NRS 642.010 is hereby amended to read as follows:

      642.010  As used in this chapter, unless the context otherwise requires:

      1.  “Board” means the state board of funeral directors and embalmers.

      2.  “Funeral director” means a person, partnership, corporation, association or other organization engaged in or conducting the business of or holding himself or itself out as engaged in:

      (a) Preparing or contracting to prepare by embalming or in any other manner dead human bodies for burial or disposal, or directing and supervising burial or disposal of dead human bodies.

      (b) Providing for or maintaining a funeral establishment or a place for the preparation, disposition and care of dead human bodies.

      (c) Directing or supervising or contracting to direct or supervise funerals.

      (d) The business of a funeral director by using the words “funeral director,” or “mortician” or any other title implying that he or it is engaged in the business of funeral directing, but the words “funeral director” do not include a licensed embalmer.

      3.  “Funeral establishment” means a place of business conducted at a specific street address or location devoted to the care and preparation for burial or transportation of dead human bodies, consisting of a preparation room equipped with a sanitary floor, necessary drainage and ventilation, containing necessary instruments and supplies for the preparation and embalming of dead human bodies for burial or transportation, and having a display room containing a stock of funeral caskets and shipping cases.

      [4.  The singular number includes the plural number, and the masculine gender includes the feminine gender.]

      Sec. 28.  NRS 644.020 is hereby amended to read as follows:

      644.020  As used in this chapter:

      1.  “Board” means the state board of cosmetology.

      2.  “Cosmetological establishment” means any premises, building or part of a building [whereon or wherein any branch or any combination of branches of cosmetology, or the occupations of a hairdresser and cosmetician are practiced.] where cosmetology is practiced.

      3.  “Cosmetology” [shall be construed to include] includes any branch or any combination of branches of the occupation of a hairdresser and cosmetician, and any branch or any combination of branches of the occupation of a cosmetician, or cosmetologist, or beauty culturist, [which are now or may hereafter be practiced,] and is defined as the following practices:

      (a) Arranging, dressing, curling, waving, cleansing, singeing, bleaching, tinting, coloring or straightening the hair of any person with the hands, mechanical or electrical apparatus or appliances, or by any means; or similar work incident to or necessary for the proper carrying on of the practice or occupation provided by the terms of this chapter.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 193 (Chapter 91, SB 67)ê

 

hands, mechanical or electrical apparatus or appliances, or by any means; or similar work incident to or necessary for the proper carrying on of the practice or occupation provided by the terms of this chapter.

      (b) Cutting, trimming or shaping the hair of women and children.

      (c) Massaging, cleansing or stimulating the scalp, face, neck, arms, bust or upper part of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions and creams.

      (d) Cleansing or beautifying the hair by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.

      (e) Beautifying the face, neck, arms, bust or upper part of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.

      (f) Removing superfluous hair from the body of any person by the use of electrolysis to remove the hair from the surface of the body where the growth is a blemish, or by the use of depilatories, or by the use of tweezers.

      (g) Manicuring the nails of any person.

      4.  “Demonstrator” means any person who, for the purpose of advertising, promoting or selling any drug, lotion, compound, preparation or substance, performs or carries on any of the practices enumerated or defined in this section, in order to advertise, promote or sell [such] the drug, lotion, compound, preparation or substance.

      5.  “Electrologist” means any person who engages in the occupation of removing superfluous hair from the body of any person by the use of an electric needle only.

      6.  “Hairdresser and cosmetician” means any person who engages in the practice of cosmetology, except the branches of electrolysis and manicuring.

      7.  “Junior operator” means any person who is engaged in learning or acquiring a knowledge of the occupations of a hairdresser and cosmetician in a hairdressing or cosmetological establishment.

      8.  “Manicurist” means any person who, for compensation, engages only in the occupation of manicuring the nails of any person.

      [9.  Unless the context otherwise requires, the singular number shall include the plural number, and the masculine gender shall include the feminine gender.]

      Sec. 29.  NRS 675.020 is hereby amended to read as follows:

      675.020  [1.]  When used in this chapter, the following words and terms shall have the following meanings unless the context clearly requires a different meaning:

      [(a)]1.  “Amount of cash advance” means the amount of cash or its equivalent actually received by a borrower or paid out at his direction or on his behalf.

      [(b)]2.  “Amount of loan obligation” means the amount of cash advance plus the aggregate of charges added thereto pursuant to authority of this chapter.

      [(c)]3.  “Community” means a contiguous area of the same economic unit or metropolitan area as determined by the superintendent, and may include all or part of an incorporated city or several towns or cities.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 194 (Chapter 91, SB 67)ê

 

      [(d)]4.  “License” means a license, issued under the authority of this chapter, to make loans in accordance with the provisions of this chapter, at a single place of business.

      [(e)]5.  “Licensee” means a person to whom one or more licenses have been issued.

      [(f)]6.  “Person” includes [individuals,] natural persons, copartnerships, associations, trusts, corporations and any other legal entities.

      [(g)]7.  “Superintendent” means the superintendent of banks.

      [2.  The meanings ascribed to the singular form shall apply also to the plural.]

      Sec. 30.  NRS 107.010, 122.005, 123.005, 166.030, 193.020, 463.020, 630.040, 631.110 and 636.020 are hereby repealed.

      Sec. 31.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 92, SB 331

Senate Bill No. 331–Committee on Finance

CHAPTER 92

AN ACT making an appropriation from the state general fund to the legislative fund.

 

[Approved March 24, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  There is hereby appropriated from the state general fund to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $500,000.

      Sec. 2.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 93, SB 120

Senate Bill No. 120–Committee on Commerce and Labor

CHAPTER 93

AN ACT relating to industrial insurance; excluding certain ski patrolmen from mandatory coverage; and providing other matters properly relating thereto.

 

[Approved March 24, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 616.060 is hereby amended to read as follows:

      616.060  “Employee” excludes:

      1.  Any person whose employment is both casual and not in the course of the trade, business, profession or occupation of his employer.

      2.  Any person engaged as a theatrical or stage performer or in an exhibition except members of local supporting bands and orchestras commonly known as house bands.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 195 (Chapter 93, SB 120)ê

 

exhibition except members of local supporting bands and orchestras commonly known as house bands.

      3.  Any person engaged in household domestic service, farm, dairy, agricultural or horticultural labor, or in stock or poultry raising, except as otherwise provided in this chapter.

      4.  Any person performing services as a voluntary ski patrolman who receives no compensation for his services other than meals, lodging, or use of the ski tow or lift facilities.

 

________

 

 

CHAPTER 94, SB 34

Senate Bill No. 34–Committee on Government Affairs

CHAPTER 94

AN ACT relating to Nevada housing finance; adding a definition; restricting possible recipients of loans from the housing division of the department of commerce; changing the procedure for perfecting security interests; clarifying provisions relating to the issuance and amount of outstanding obligations; and providing other matters properly relating thereto.

 

[Approved March 24, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 319 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      “Sponsor” means any natural person, association, corporation, joint venture, partnership, trust, state agency, municipality or other legal entity, or any combination thereof, which:

      1.  Has been approved by the division to acquire, own, construct, rehabilitate, operate, lease, manage or maintain a housing project; and

      2.  Except for a state agency or municipality, has agreed to subject itself to regulation by the division.

      Sec. 2.  NRS 319.190 is hereby amended to read as follows:

      319.190  The division may make, undertake commitments to make and participate with lending institutions in the making of insured mortgage loans, and make temporary loans and advances in anticipation of insured mortgage loans to finance the construction or rehabilitation of multifamily residential housing. Such loans shall be made only to sponsors and only after a determination by the administrator that mortgage loans are not otherwise available from private lenders upon reasonably equivalent terms and conditions.

      Sec. 3.  NRS 319.230 is hereby amended to read as follows:

      319.230  1.  The division may:

      (a) Make loans to lending institutions under terms and conditions requiring the proceeds thereof to be used by such lending institutions for the making of new mortgage loans for residential housing;

      (b) Purchase securities from lending institutions under terms and conditions requiring that such securities finance mortgage loans for residential housing;


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 196 (Chapter 94, SB 34)ê

 

      (c) Require that loans to or securities purchased from lending institutions shall be additionally secured as to payment of both principal and interest by a pledge of and lien upon collateral security in such amounts and consisting of such obligations, securities, and mortgage loans as the administrator determines to be necessary to assure the payment of such loans or securities purchased and the interest thereon as the same become due.

      2.  The division may require in the case of any or all lending institutions that any required collateral be lodged with a bank or trust company, located either within or outside the state, designated by the division as custodian therefor. In the absence of such requirement, a lending institution shall, if collateral is to be provided for the loan or securities purchased, upon receipt of the proceeds from the division, enter into an agreement with the division containing such provisions as the division deems necessary to identify adequately and maintain and service such collateral and providing that such lending institution shall hold such collateral as [an agent for] trustee for the benefit of the division and shall be held accountable as the trustee of an express trust for the application and disposition thereof and the income therefrom solely to the uses and purposes in accordance with the provisions of such agreement. A copy of each such agreement and any revisions or supplements thereto, which revisions or supplements may add to, delete from, or substitute items of collateral pledged by such agreement, shall be filed [as required by the Uniform Commercial Code—Secured Transactions,] with the secretary of state. Such filing shall be deemed to perfect the security interest of the division in the collateral and no filing, recording, possession or other action required under any other law of this state is necessary, and the lien and trust for the benefit of the division so created shall be binding from the time made against all parties having any prior unperfected claim or claims of any kind in tort, contract or otherwise against such lending institution. The division may also establish such additional requirements as the administrator deems necessary with respect to the pledging, assigning, setting aside or holding of such collateral and the making of substitutions therefor or additions thereto and the disposition of income and receipts therefrom.

      3.  The division may collect, enforce the collection of and foreclose on any collateral securing its loan to or purchase of securities from lending institutions and acquire or take possession of such collateral and sell the collateral at public or private sale, with or without public bidding, and otherwise deal with such collateral as may be necessary to protect the interest of the division therein, all subject to any agreement with bondholders or noteholders.

      Sec. 4.  NRS 319.270 is hereby amended to read as follows:

      319.270  1.  Subject to the limitation imposed by subsections 4 and 5, the division may issue from time to time its negotiable notes and bonds in such principal amount as the administrator determines to be necessary to provide sufficient funds for achieving any of its statutory purposes, including the payment of interest on notes and bonds of the division, establishment of bond reserve funds and other reserves to secure such notes and bonds, and all other expenditures of the division necessary or convenient to carry out its statutory purposes and powers.


…………………………………………………………………………………………………………………

ê1977 Statutes of Nevada, Page 197 (Chapter 94, SB 34)ê

 

secure such notes and bonds, and all other expenditures of the division necessary or convenient to carry out its statutory purposes and powers.

      2.  Subject to any agreements with holders of notes or bonds, all notes and bonds issued by the division are special obligations of the division payable out of any revenues, moneys or other assets of the division pledged thereto.

      3.  In issuing such notes and bonds, the division acts as an agency or instrumentality of the State of Nevada.

      4.  Before any notes or bonds may be issued pursuant to this section, except those issued for the purpose of refunding outstanding notes or bonds, the administrator shall submit a copy of his finding of the conditions prerequisite to the financing of residential housing under this chapter to the state board of finance. If that board approves, the division may proceed to issue its notes or bonds in the amount approved, subject to the further limitation of subsection 5.

      5.  The aggregate principal amount of outstanding bonds, notes and other obligations of the division shall not exceed $200,000,000 exclusive of any bonds, notes or obligations which have been refunded. The establishment of this debt limitation shall not be construed to prohibit the division from issuing additional bonds, notes or other obligations if the debt limitation is subsequently increased.

 

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CHAPTER 95, AB 101

Assembly Bill No. 101–Committee on Taxation

CHAPTER 95

AN ACT relating to revenue and taxation; creating the department of taxation bond trust fund; raising the bond limits for motor vehicle fuel dealers; and providing other matters properly relating thereto.

 

[Approved March 24, 1977]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 360 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      All money which the department receives in lieu of a surety bond from any dealer, importer or other person to meet a prerequisite for the issuance of a license or to comply with a provision of this Title shall be deposited with the state treasurer for credit to the department of taxation bond trust fund, which is hereby created.

      Sec. 2.  NRS 365.290 is hereby amended to read as follows:

      365.290  1. &#