[Rev. 4/7/2015 11:19:14 AM]

Link to Page 1376

 

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ê1977 Statutes of Nevada, Page 1377ê

 

CHAPTER 558, AB 262

Assembly Bill No. 262–Assemblymen Kosinski, Mann, May, Dini, Mello, Moody, Schofield, Jeffrey, Coulter, Horn, Rhoads, Sena, Price, Goodman, Murphy, Dreyer, Harmon, Demers, Kissam and Robinson

CHAPTER 558

AN ACT relating to property tax; providing an election to pay the property tax levied against a mobile home not placed upon the secured roll in quarterly installments in certain cases; and providing other matters properly relating thereto.

 

[Approved May 14, 1977]

 

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

do enact as follows:

 

      Section 1.  NRS 361.483 is hereby amended to read as follows:

      361.483  1.  Taxes assessed upon the real property tax roll and upon mobile homes as defined in NRS 361.561 are due and payable on the 1st Monday of July.

      2.  Taxes assessed upon the real property tax roll may be paid in four equal installments.

      3.  In any county having a population of 100,000 or more, taxes assessed upon a mobile home may be paid in four equal installments if the taxes assessed exceed $100.

      4.  If a person elects to pay in quarterly installments, the first installment is due and payable on the 1st Monday of July, the second installment on the 1st Monday of October, the third installment on the 1st Monday of January, and the fourth installment on the 1st Monday of March.

      [3.]  5.  If any person charged with taxes which are a lien on real property fails to pay:

      (a) Any one quarter of such taxes on or within 10 days following the day such taxes become due and payable, there shall be added thereto a penalty of 4 percent.

      (b) Any two quarters of such taxes, together with accumulated penalties, on or within 10 days following the day the later of such quarters of taxes becomes due, there shall be added thereto a penalty of 5 percent of the two quarters due.

      (c) Any three quarters of such taxes, together with accumulated penalties, on or within 10 days following the day the latest of such quarters of taxes becomes due, there shall be added thereto a penalty of 6 percent of the three quarters due.

      (d) The full amount of such taxes, together with accumulated penalties, on or within 10 days following the 1st Monday of March, there shall be added thereto a penalty of 7 percent of the full amount of such taxes.

      6.  Any person charged with taxes which are a lien on a mobile home as defined in NRS 361.561, who fails to pay the taxes within 10 days after the quarterly payment is due is subject to the following provisions:

      (a) The entire amount of the taxes are due and payable;

      (b) A penalty of 10 percent of the taxes due and payable;

      (c) An additional penalty of $3 per month or any portion thereof, the taxes are paid; and

      (d) The county assessor may proceed under NRS 361.535.

      7.  Population is determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.


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ê1977 Statutes of Nevada, Page 1378 (Chapter 558, AB 262)ê

 

      Sec. 2.  NRS 361.505 is hereby amended to read as follows:

      361.505  1.  Each county assessor, when he assesses the property of any person or persons, company or corporation liable to taxation who does not own real estate within the county of sufficient value, in the county assessor’s judgment, to pay the taxes on both his or their real and personal property, shall proceed immediately to collect the taxes on the personal property so assessed [.] , except as to mobile homes as provided in subsection 3 of NRS 361.483. The county assessor shall prorate the tax on personal property brought into or entering the state or county for the first time during the fiscal year by reducing the tax one-twelfth for each full month which has elapsed since the beginning of the fiscal year. The person paying such taxes shall not be thereby deprived of his right to have such assessment equalized, and if, upon such equalization, the value is reduced, the taxes paid shall be refunded to such person from the county treasury, upon the order of the board of county commissioners, in proportion to the reduction of the value made.

      2.  If, at the time of such assessment of personal property, the board of county commissioners has not as yet levied the tax based upon the full combined tax rate for the taxable year to which such assessment is applicable, the total amount of the tax to be collected by the county assessor shall be determined by use of the then current state ad valorem tax rate and the regular combined tax rate for the county, city and school district as levied and applied for the preceding taxable year. The county treasurer shall apportion the tax as other taxes are apportioned.

      3.  Nothing contained in this section or any other statute shall be construed as prohibiting the county assessor from prorating the count on livestock situated within the state for a portion of a year.

      Sec. 3.  NRS 361.562 is hereby amended to read as follows:

      361.562  1.  If the purchaser of a mobile home or slide-in camper does not pay the personal property tax thereon, upon taking possession, he shall, within 30 days from the date of its purchase:

      (a) Pay to the county assessor all personal property taxes which the assessor is required to collect against such mobile home or slide-in camper and its contents [; or] , except as provided in subsection 3 of NRS 361.483; or

      (b) Satisfy the county assessor that he owns real estate within the county of sufficient value, in the county assessor’s judgment, to pay the taxes on both his real and personal property.

      2.  The county assessor shall collect the tax required to be paid by subsection 1, in the manner prescribed by law for the collection of other personal property taxes [.] , except as to mobile homes as provided in subsection 3 of NRS 361.483.

      Sec. 4.  NRS 361.5643 is hereby amended to read as follows:

      361.5643  1.  [Upon] Except as provided in subsection 2, upon compliance by the purchaser of a slide-in camper or the purchaser of a mobile home with the provisions of NRS 361.562, 361.563 or 361.5642 the county assessor shall:

      (a) Deliver forthwith to the purchaser of a mobile home, as well as annually thereafter upon payment of the tax, a sticker which shall be of a design and affixed in such manner as shall be prescribed by the department;

 


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ê1977 Statutes of Nevada, Page 1379 (Chapter 558, AB 262)ê

 

design and affixed in such manner as shall be prescribed by the department;

      (b) Deliver forthwith to the purchaser of a slide-in camper, as well as annually thereafter upon payment of the tax, a tax plate or a sticker which shall be of a design and affixed in such manner as shall be prescribed by the department.

      2.  Upon payment of a quarterly installment, the county assessor shall issue the appropriate decal.

      3.  The county assessor shall issue each year to the owner of a camper-shell not subject to taxation under the provisions of this chapter a tax plate or sticker similar to that provided in paragraph (b) of subsection 1, which the owner shall affix to the camper-shell in the manner prescribed by the department.

      Sec. 5.  This act shall become effective on July 1, 1978.

 

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CHAPTER 559, AB 346

Assembly Bill No. 346–Committee on Education

CHAPTER 559

AN ACT relating to public school personnel; providing additional safeguards in disciplinary procedures for certificated personnel; and providing other matters properly relating thereto.

 

[Approved May 14, 1977]

 

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

do enact as follows:

 

      Section 1.  NRS 391.313 is hereby amended to read as follows:

      391.313  1.  Whenever an administrator charged with supervision of a certificated employee believes it is necessary to admonish a certificated employee for a reason that he believes may lead to demotion, dismissal or cause the [certificated] employee not to be reemployed under the provisions of NRS 391.312, he shall:

      (a) Bring the matter to the attention of the [certificated] employee involved, in writing, and make a reasonable effort to assist the employee to correct whatever appears to be the cause for potential dismissal or failure to reemploy; and

      (b) Except as provided in NRS 391.314, allow reasonable time for improvement, which shall not exceed 3 months for the first [admonishment.] admonition.

An admonition issued to a certificated employee who, within the time granted for improvement, has met the standards set for him by the administrator who issued the admonition shall be removed from the records of the employee together with all notations and indications of its having been issued. The admonition shall be removed from the records of the employee not later than 3 years after it is issued.

      2.  A certificated employee may be subject to immediate dismissal or nonreemployment according to the procedures provided in NRS 391.311 to 391.3197, inclusive, without the [admonishment] admonition required by this section on grounds contained in paragraphs (f), (g), (h) and (p) of subsection 1 of NRS 391.312.


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ê1977 Statutes of Nevada, Page 1380 (Chapter 559, AB 346)ê

 

nonreemployment according to the procedures provided in NRS 391.311 to 391.3197, inclusive, without the [admonishment] admonition required by this section on grounds contained in paragraphs (f), (g), (h) and (p) of subsection 1 of NRS 391.312.

      Sec. 2.  NRS 391.314 is hereby amended to read as follows:

      391.314  1.  Whenever a superintendent has reason to believe that cause exists for the dismissal of a certificated employee and when he is of the opinion that the immediate suspension of the employee is necessary in the best interests of the children in the district, the superintendent may suspend the employee without notice and without a hearing. Notwithstanding the provisions of NRS 391.312, a superintendent [shall automatically] may suspend a certificated employee who has been officially charged but not yet convicted of a felony or a crime involving moral turpitude. If the charge is dismissed or if the employee is found not guilty, he shall be reinstated with back pay, plus interest, and normal seniority. The superintendent shall notify the employee in writing of the suspension.

      2.  Within 10 days after [such] a suspension becomes effective, the superintendent shall begin proceedings pursuant to the provisions of NRS 391.312 to 391.3196, inclusive, to effect the [certificated] employee’s dismissal.

      3.  If sufficient grounds for dismissal do not exist, the employee shall be reinstated [without loss of] with full compensation [.] , plus interest.

      4.  A superintendent may discipline a certificated employee by suspending the employee for up to 2 days with loss of pay at any time after a due process hearing has been held. The grounds for suspension are the same as the grounds contained in NRS 391.312. The suspension provisions of this section may not be invoked more than once during the [certificated] employee’s contract year.

      Sec. 3.  NRS 391.3197 is hereby amended to read as follows:

      391.3197  1.  Teachers employed by a board of trustees shall be on probation annually for the first 3 consecutive years of employment unless on an approved leave of absence, if their services are satisfactory, or they may be dismissed at any time, after a hearing as provided in subsection 3, at the discretion of the board.

      2.  Any certificated employee who has achieved postprobationary status in a Nevada school district and is contracted in a second or subsequent school district shall have a probationary period not to exceed 2 [consecutive] full contract years of employment in that district.

      3.  Prior to dismissal or nonrenewal, the teacher [may obtain] is entitled to a due process hearing before a hearing officer or hearing commission as set out in NRS 391.311 to 391.3196, inclusive.

      4.  After receiving the report of the hearing officer or hearing commission, the board may accept or reject the recommendation. The board’s decision is [final and not] subject to judicial review.

 

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ê1977 Statutes of Nevada, Page 1381ê

 

CHAPTER 560, SB 62

Senate Bill No. 62–Senator Dodge

CHAPTER 560

AN ACT relating to administrative regulations; providing for their codification; and providing other matters properly relating thereto.

 

[Approved May 15, 1977]

 

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

do enact as follows:

 

      Section 1.  Chapter 233B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 18, inclusive, of this act.

      Sec. 2.  1.  It is the policy of this state that every agency regulation be made easily accessible to the public and expressed in clear and concise language. To assist in carrying out this policy, every permanent regulation shall be incorporated, excluding any forms used by the agency, any publication adopted by reference, the title, citation of authority, signature and other formal parts, in the Nevada Administrative Code, and every emergency or temporary regulation shall be distributed in the same manner as the Nevada Administrative Code.

      2.  The legislative commission may authorize inclusion in the Nevada Administrative Code of the regulations of an agency otherwise exempted from the requirements of this chapter.

      Sec. 3.  1.  At or before the time of giving notice of its intention to adopt, amend or repeal a permanent regulation an agency shall deliver to the legislative counsel a copy of the proposed regulation or amendment or an identification of the regulation to be repealed. The legislative counsel shall examine and if appropriate revise the language submitted so that it is clear, concise and suitable for incorporation in the Nevada Administrative Code, but shall not alter the meaning or effect without the consent of the agency.

      2.  Unless the proposed regulation is submitted to him between November 1 of an even-numbered year and June 1 of the succeeding odd-numbered year, the legislative counsel shall deliver the approved or revised text of the regulation within 30 days after it is submitted to him. If the proposed or revised text of a regulation is changed before adoption, the agency shall submit the changed text to the legislative counsel, who shall examine and revise it if appropriate pursuant to the standards of subsection 1. Unless it is submitted during the November 1-June 1 period mentioned in subsection 2, the legislative counsel shall return it with any appropriate revisions within 30 days.

      3.  An agency may adopt a temporary regulation between December 1 of an even-numbered year and June 1 of the succeeding odd-numbered year without following the procedure required by this section and section 4 of this act, but any such regulation expires by limitation on August 1 of the odd-numbered year. A substantively identical permanent regulation may be subsequently adopted.

      4.  An agency may amend or suspend a permanent regulation between December 1 of an even-numbered year and June 1 of the succeeding odd-numbered year by adopting a temporary regulation in the same manner and subject to the same provisions as prescribed in subsection 3.


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ê1977 Statutes of Nevada, Page 1382 (Chapter 560, SB 62)ê

 

      Sec. 4.  1.  An agency shall not adopt, amend or repeal a permanent regulation until it has received from the legislative counsel the approved or revised text of the regulation in the form to be adopted. The agency shall immediately notify the legislative counsel of the date of adoption of each regulation adopted.

      2.  Upon adoption of any regulation, the agency, if requested to do so by an interested person, either prior to adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, and incorporate therein its reason for overruling the consideration urged against its adoption.

      Sec. 5.  1.  The legislative counsel shall prescribe the numbering, page size, style and typography of the Nevada Administrative Code. For convenience of reproduction in the code, he may prescribe the same matters in original agency regulations.

      2.  The legislative counsel shall prepare or cause the superintendent of the state printing and records division of the department of general services to prepare four sets of the Nevada Administrative Code and of supplementary pages as required from time to time, which shall be kept respectively:

      (a) By the secretary of state as the master copy;

      (b) By the secretary of state for public use;

      (c) By the attorney general for his use and that of the executive department; and

      (d) By the legislative counsel for his use and that of the legislature.

The legislative commission may direct the preparation of additional sets or pages, or both, and specify the places where such sets or parts of sets are to be kept and the uses to be made of them.

      3.  Each agency shall reimburse the legislative counsel bureau and the state printing and records division of the department of general services for their respective costs in preparing and keeping current that agency’s portion of the Nevada Administrative Code in the number of copies required for agency, official and public use. If additional sets or pages are sold, the legislative commission shall set sale prices sufficient to recover at least the cost of production and distribution of the additional sets or pages.

      Secs. 6-8.  (Deleted by amendment.)

      Sec. 9.  “Agency” means an agency, bureau, board, commission, department, division, officer or employee of the executive department of the state government authorized by law to make regulations or to determine contested cases.

      Sec. 10.  “Contested case” means a proceeding, including but not restricted to ratemaking and licensing, in which the legal rights, duties or privileges of a party are required by law to be determined by an agency after an opportunity for hearing, or in which an administrative penalty may be imposed.

      Sec. 11.  “Emergency regulation” means a regulation adopted pursuant to subsection 5 of NRS 233B.060.

      Sec. 12.  “License” means the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law. “Licensing” means the agency procedure whereby the license is granted, denied, revoked, suspended, annulled, withdrawn or amended.


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ê1977 Statutes of Nevada, Page 1383 (Chapter 560, SB 62)ê

 

license is granted, denied, revoked, suspended, annulled, withdrawn or amended.

      Sec. 13.  “Party” means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any contested case.

      Sec. 14.  “Permanent regulation” means a regulation which is not an emergency regulation or a temporary regulation.

      Sec. 15.  “Person” means any natural person, partnership, corporation, association, political subdivision or public or private organization of any character other than an agency.

      Sec. 16.  “Regulation” means an agency rule, standard, directive or statement of general applicability which effectuates or interprets law or policy, or describes the organization, procedure or practice requirements of any agency. The term includes a proposed regulation and the amendment or repeal of a prior regulation, but does not include:

      1.  A statement concerning only the internal management of an agency and not affective private rights or procedures available to the public;

      2.  A declaratory ruling;

      3.  An intra-agency memorandum;

      4.  An agency decision or finding in a contested case; or

      5.  A regulation concerning the use of public roads or facilities which is indicated to the public by means of signs and signals.

      Sec. 17.  “Temporary regulation” means:

      1.  A regulation adopted pursuant to subsection 3 of section 3 of this act; or

      2.  Any other regulation which is effective for 120 days or less and which is not an emergency regulation.

      Sec. 18.  1.  The following agencies are entirely exempted from the requirements of this chapter:

      (a) The governor.

      (b) The Nevada state prison.

      (c) The University of Nevada System.

      (d) The department of the military.

      (e) The state gaming control board

      (f) The Nevada gaming commission.

      (g) The state board of parole commissioners.

      (h) The welfare division of the department of human resources.     

      (i) The state board of examiners acting pursuant to chapter 217 of NRS.

      2.  The state board of education is subject to the provisions of this chapter for the purpose of regulation-making but not with respect to any contested case.

      3.  The special provisions of:

      (a) Chapter 612 of NRS for the distribution of regulations by and the judicial review of decisions of the employment security department;

      (b) Chapters 616 and 617 of NRS for the determination of contested claims; and

      (c) Chapters 704 and 706 of NRS for the judicial review of decisions of the public service commission of Nevada,

prevail over the general provisions of this chapter.


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ê1977 Statutes of Nevada, Page 1384 (Chapter 560, SB 62)ê

 

      4.  The provisions of this chapter do not apply to any order for immediate action, including but not limited to quarantine and the treatment or cleansing of infected or infested animals, object or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control.

      Sec. 19.  NRS 233B.020 is hereby amended to read as follows:

      233B.020  1.  By this chapter, the legislature intends to establish minimum procedural requirements for the regulation-making and adjudication procedure of all agencies of the executive department of the state government and for judicial review of both functions, [excepting] except those agencies expressly exempted pursuant to the provisions of this chapter. This chapter confers no additional regulation-making authority upon any agency except to the extent provided in subsection 1 of NRS 233B.050.

      2.  The provisions of this chapter are intended to supplement [present] statutes applicable to specific agencies. [Nothing in the chapter shall be held to limit or repeal] This chapter does not abrogate or limit additional requirements imposed on such agencies by [statutes or to limit such requirements] statute or otherwise recognized by law.

      [3.  The state board of education is an agency subject to the provisions of this chapter for the purpose of regulation making but not with respect to any contested case.]

      Sec. 20.  NRS 233B.030 is hereby amended to read as follows:

      233B.030  [In] As used in this chapter, unless the context otherwise requires [:

      1.  “Agency” means each public agency, bureau, board, commission, department, division, officer or employee of the executive department of the state government authorized by law to make regulations or to determine contested cases, except:

      (a) The governor.

      (b) Any penal or educational institution.

      (c) Any agency acting within its capacity as administrator of the military affairs of this state.

      (d) The state gaming control board.

      (e) The Nevada gaming commission.

      (f) The state board of parole commissioners.

      (g) The welfare division of the department of human resources.

      (h) The state board of examiners acting pursuant to chapter 217 of NRS.

      2.  “Contested case” means a proceeding, including but not restricted to ratemaking and licensing, in which the legal rights, duties or privileges of a party are required by law to be determined by an agency after an opportunity for hearing. Nothing contained in this section shall be construed to require a hearing where not otherwise required by law or regulation.

      3.  “License” means the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law.


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ê1977 Statutes of Nevada, Page 1385 (Chapter 560, SB 62)ê

 

required by law. “Licensing” means the agency procedure whereby the license is granted, denied, revoked, suspended, annulled, withdrawn or amended.

      4.  “Party” means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party in any contested case.

      5.  “Person” means any individual, partnership, corporation, association, political subdivision or public or private organization of any character other than an agency.

      6.  “Regulation” means each agency rule, standard, directive or statement of general applicability that implements or interprets law or policy, or describes the organization, procedure or practice requirements of any agency. The term includes the amendment or repeal of a prior regulation, but does not include:

      (a) Statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public;

      (b) Declaratory rulings issued pursuant to NRS 233B.120;

      (c) Intra-agency memoranda;

      (d) Agency decisions and findings in contested cases;

      (e) Regulations concerning the use of public roads or facilities which are indicated to the public by means of signs and signals; or

      (f) Any order for immediate action, including but not limited to quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the state board of agriculture, the state board of health, the state board of sheep commissioners or any other agency of this state in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control.] , the words and terms defined in sections 9 to 17, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 21.  NRS 233B.040 is hereby amended to read as follows:

      233B.040  [Unless otherwise provided by law,] 1.  To the extent authorized by the statutes applicable to it, each agency may adopt reasonable regulations to aid it in carrying out the functions assigned to it by law and shall adopt such regulations as are necessary to the proper execution of those functions. If adopted and filed in accordance with the provisions of this chapter, such regulations [shall] have the force of law and shall be enforced by all peace officers. In every instance, the power to adopt regulations to carry out a particular function is limited by the terms of the grant of authority under which the function was assigned.

      2.  Every regulation adopted by an agency shall include:

      (a) A citation of the authority pursuant to which it, or any part of it, was adopted; and

      (b) The address of the agency and, to the extent not elsewhere provided in the regulation, a brief exploration of the procedures for obtaining clarification of the regulation or relief from the strict application of any of its terms, or otherwise dealing with the agency in connection with the regulation.

      3.  An agency may adopt by reference in a regulation material published by another authority in book or pamphlet form if:


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ê1977 Statutes of Nevada, Page 1386 (Chapter 560, SB 62)ê

 

      (a) It files two copies of the publication with the secretary of state and makes at least one copy available for public inspection with its regulations; and

      (b) The reference discloses the source and price for purchase of the publication.

An agency shall not attempt to incorporate any other material in a regulation by reference.

      Sec. 22.  NRS 233B.050 is hereby amended to read as follows:

      233B.050  1.  In addition to other regulation-making requirements imposed by law, each agency shall:

      (a) Adopt [regulations] rules of practice, setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency.

      (b) Make available for public inspection all regulations adopted or used by the agency in the discharge of its functions [.] and that part of the Nevada Administrative Code which contains its regulations.

      (c) Make available for public inspection all final orders, decisions and opinions except those expressly made confidential or privileged by statute.

      2.  No agency regulation, rule, final order or decision [shall be] is valid or effective against any person or party, nor may it be invoked by the agency for any purpose, until it has been made available for public inspection as required in this section, except that this provision [shall not be applicable] does not apply in favor of any person or party who has actual knowledge thereof.

      Sec. 23.  NRS 233B.060 is hereby amended to read as follows:

      233B.060  1.  Prior to the adoption, amendment or repeal of any regulation, the agency shall give at least 30 days’ notice of its intended action, unless a shorter period of notice is specifically permitted by statute.

      2.  The notice shall:

      (a) Include a statement of either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which, interested persons may present their views thereon.

      (b) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which shall be kept by the agency for such purpose.

The attorney general may by regulation prescribe the form of notice to be used, which shall be distributed to each recipient of the agency’s regulations.

      3.  The agency shall at the time of giving the notice deposit one copy of the text of the proposed regulation with the secretary of state, and keep at least once copy available in its office from the date of the notice to the date of the hearing, for inspection and copying by the public. The notice shall state the address or addresses at which the text of the proposed regulation may be inspected and copied. After the agency has filed the original and copies of the adopted regulation, [pursuant to NRS 233B.070,] the secretary of state may discard the deposited copy of the proposed regulation.


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ê1977 Statutes of Nevada, Page 1387 (Chapter 560, SB 62)ê

 

      [3.]  4.  All interested persons shall be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing. With respect to substantive regulations, [opportunity for oral hearing must be granted if requested by any interested person who will be directly affected by the proposed regulation.] the agency shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposed regulation and requests an oral hearing, the agency may proceed immediately to act upon any written submissions. The agency shall consider fully all written and oral submissions respecting the proposed regulation.

      [4.]  5.  If an agency finds that an emergency exists, and such a finding is concurred in by the governor by written endorsement on the original copy of a proposed regulation, a regulation may be adopted and become effective immediately upon its being filed in the office of the secretary of state. A regulation so adopted may be effective for a period of not longer than 120 days, but the adoption of an identical regulation under subsections 1 to 3, inclusive, is not precluded.

      [5.]  6.  No regulation adopted after July 1, 1965, is valid unless adopted in substantial compliance with this [section,] chapter, but no objection to any regulation on the ground of noncompliance with the procedural requirements of this section may be made more than 2 years after its effective date. Regulations in effect on July 1, 1965, [shall] continue in effect until amended or repealed in accordance with the provisions of this chapter, if an original and two copies [are] were deposited with the secretary of state on or before July 1, 1965.

      [6.  Upon adoption of a regulation, the agency, if requested to do so by an interested person, either prior to adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, and incorporate therein its reason for overruling the consideration urged against its adoption.]

      Sec. 24.  NRS 233B.070 is hereby amended to read as follows:

      233B.070  1.  [Regulations shall become] A regulation becomes effective 30 days after an original and [three duplicate copies of each] duplicate copy of the regulation are filed with the secretary of state, except where:

      (a) A later date is required by statute;

      (b) An earlier date is permitted by statute;

      (c) A later date is specified in the regulation; or

      (d) The [agency finds that an emergency exists, and such finding is concurred in by the governor, by written endorsement upon the original] regulation is an emergency regulation.

      2.  [Each regulation shall include a citation of the authority pursuant to which it, or any part of it, was adopted.

      3.]  The secretary of state shall cause to be endorsed on the original and duplicate [copies] copy of each regulation filed the time and date of the filing thereof, and shall maintain a file of such regulations for public inspection together with suitable indexes therefor.

      [4.  No adopted regulation, which attempts to incorporate an agency’s ruling, order or similar pronouncement by referring to the general subject of such, or to where such may be found, or to both, shall be effective.


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ê1977 Statutes of Nevada, Page 1388 (Chapter 560, SB 62)ê

 

      5.  The secretary of state shall deliver a duplicate copy of each adopted regulation to the Nevada legislative counsel bureau.

      6.]  3.  Each agency shall furnish a copy of [its regulations] any of its regulations, or all or part of that part of the Nevada Administrative Code which contains its regulations, to any person who requests a copy, and may charge a reasonable fee for such copy based on the cost of reproduction if it does not have funds appropriated or authorized for such purpose.

      Sec. 25.  NRS 233B.100 is hereby amended to read as follows:

      233B.100  1.  Any interested person may petition an agency requesting the adoption, filing, amendment or repeal of any regulation and shall accompany his petition with relevant data, views and arguments. Each agency shall prescribe by regulation the form for such petitions and the procedure for their submission, consideration and disposition. Upon submission of such a petition, the agency shall within 30 days either deny the petition in writing, stating its reasons, or initiate regulation-making proceedings. [in accordance with NRS 233B.060.]

      2.  Any regulation of any agency is subject to amendment or suspension by the governor pursuant to the provisions of section 7 of [this act.] Assembly Bill 640 of the 59th session of the legislature.

      Sec. 26.  NRS 233B.110 is hereby amended to read as follows:

      233B.110  1.  The validity or applicability of any regulation may be determined in a proceeding for a declaratory judgment in the district court in and for Carson City, or in and for the county where the plaintiff resides, when it is alleged that the regulation, or its proposed application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. A declaratory judgment may be rendered after the plaintiff has first requested the agency to pass upon the validity of the regulation in question. The court shall declare the regulation invalid if it finds that it violates constitutional or statutory provisions or exceeds the statutory authority of the agency.

      [2.  Any] The agency whose regulation is made the subject of [a] the declaratory action [under subsection 1] shall be made a party to the action. [Any agency may institute an action for a declaratory judgment, as provided in subsection 1, concerning any regulation adopted and filed by it or any other agency.]

      2.  An agency may institute an action for declaratory judgment to establish the validity of any one or more of its own regulations.

      3.  Actions for declaratory judgment provided for in subsections 1 and 2 shall be in accordance with the Uniform Declaratory Judgments Act (chapter 30 of NRS), and the Nevada Rules of Civil Procedure. In all actions under subsections 1 and 2, the [attorney general shall, before judgment is entered, be served with a copy of the petition, and shall be] plaintiff shall serve a copy of the complaint upon the attorney general, who is also entitled to be heard.

      Sec. 27.  NRS 47.140 is hereby amended to read as follows:

      47.140  The laws subject to judicial notice are:

      1.  The Constitution and statutes of the United States, and the contents of the Federal Register.

      2.  The constitution of this state and Nevada Revised Statutes.


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ê1977 Statutes of Nevada, Page 1389 (Chapter 560, SB 62)ê

 

      3.  Any other statute of this state if brought to the attention of the court by its title and the day of its passage.

      4.  A county, city or town code which has been filed as required by NRS 244.118, 266.160, 268.014, 269.168 or the city charter and any city ordinance which has been filed or recorded as required by the applicable law.

      5.  A regulation of an agency of this state which has been adopted [pursuant to NRS 233B.060] and filed pursuant to [NRS 233B.070.] chapter 233B of NRS.

      6.  The class and organization of a city incorporated under general law.

      7.  The constitution, statutes or other written law of any other state or territory of the United States, or of any foreign jurisdiction, as contained in a book or pamphlet published by its authority or proved to be commonly recognized in its courts.

      Sec. 28.  NRS 612.220 is hereby amended to read as follows:

      612.220  1.  The executive director shall administer this chapter. [as the same now exists or may hereafter be amended.]

      2.  He shall have power and authority to adopt, amend or rescind such rules and regulations, to employ, in accordance with the provisions of this chapter, such persons, make such expenditures, require such reports, make such investigations, and take such other action as he deems necessary or suitable to that end. [Such rules and regulations shall be effective upon publication in the manner, not inconsistent with the provisions of this chapter, which the executive director shall prescribe.]

      3.  The executive director shall determine his own organization and methods of procedure in accordance with the provisions of this chapter.

      Sec. 29.  NRS 612.240 is hereby amended to read as follows:

      612.240  1.  General and special rules may be adopted, amended or rescinded by the executive director only after public hearing or opportunity to be heard thereon, of which proper notice has been given.

      2.  General rules shall become effective 10 days after filing with the secretary of state and publication in one or more newspapers of general circulation in this state.

      3.  Special rules shall become effective 10 days after notification to or mailing to the last-known address of the individuals or concerns affected thereby.

      4.  Regulations for the internal management of the employment security department which do not affect private rights or procedures available to the public may be adopted, amended or rescinded by the executive director and shall become effective in the manner and at the time prescribed by the executive director.

      Sec. 30.  NRS 616.218 is hereby amended to read as follows:

      616.218  The [Nevada Administrative Procedure Act (chapter 233B of NRS) applies to all proceedings or hearings under this chapter, but its application is controlled by the specific provisions of this chapter and the] commission may by regulation provide for specific procedures for the determination of contested cases not inconsistent with [chapter 233B of NRS or] this chapter.


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ê1977 Statutes of Nevada, Page 1390 (Chapter 560, SB 62)ê

 

      Sec. 31.  NRS 617.165 is hereby amended to read as follows:

      617.165  The [Nevada Administrative Procedure Act, chapter 233B of NRS, applies to all proceedings or hearings under this chapter, but its application is controlled by the specific provisions of this chapter and the] commission may by regulation provide for specific procedures for the determination of contested cases not inconsistent with [chapter 233B of NRS or] this chapter.

      Sec. 32.  NRS 233B.160 is hereby repealed.

      Sec. 33.  The legislative commission shall prescribe the order in which the legislative counsel shall codify the existing regulations of the several agencies, and shall so schedule his work that is completed before November 1, 1980. Every agency of the executive department of the state government, except those entirely exempted from the operation of the Nevada Administrative Procedure Act, shall make available to the legislative counsel all records requested by him to assist in the codification of its regulations. The legislative counsel shall review and if appropriate revise the language of any existing regulation being codified so that it is clear, concise and suitable for incorporation in the Nevada Administrative Code.

 

________

 

 

CHAPTER 561, AB 401

Assembly Bill No. 401–Assemblymen Wagner, Murphy, Gomes, Weise, Coulter, Barengo, Kosinski and Goodman

CHAPTER 561

AN ACT to amend an act entitled “An Act incorporating the City of Reno, in Washoe County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto,” approved May 6, 1971, as amended.

 

[Approved May 15, 1977]

 

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

do enact as follows:

 

      Section 1.  Section 1.060 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as amended by chapter 553, Statutes of Nevada 1973, at page 876, is hereby amended to read as follows:

 

       Sec. 1.060  Elective Offices.

       1.  The elective officers of the city consist of:

       (a) [Seven] A mayor.

       (b) Six councilmen.

       [(b)](c) One municipal judge, except the city council may provide for a second municipal judge in accordance with the provisions of section 4.010.

       [(c)](d) A city attorney.

       2.  Such officers shall be elected as provided by this charter.

 

      Sec. 2.  Section 1.080 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1963, is hereby amended to read as follows:


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ê1977 Statutes of Nevada, Page 1391 (Chapter 561, AB 401)ê

 

       Sec. 1.080  [Councilmen] Mayor and councilmen not to hold other office.

       1.  The mayor and councilmen [, including the mayor,] shall not:

       (a) Hold any other elective office or employment with Washoe County or the city, except as provided by law or as a member of a board or commission for which no compensation is received.

       (b) Be elected or appointed to any office created by or the compensation for which was increased or fixed by the city council until 1 year after the expiration of the term for which such person was elected.

       2.  Any person holding any office proscribed by subsection 1 shall automatically forfeit his office.

 

      Sec. 3.  Section 1.090 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as amended by chapter 553, Statutes of Nevada 1973, at page 876, is hereby amended to read as follows:

 

       Sec. 1.090  Appointive officers.

       1.  The city council shall provide for the appointment of a city manager to perform the duties outlined in section 3.020. A vacancy in the office of city manager shall be filled within 6 months.

       2.  Applicants for the position of city manager need not be residents of the city or state at the time of their appointment, except that applicants who are residents of the city and who have qualifications equal to those of nonresidents shall be given preference in filling the position.

       3.  The city council may establish such other appointive offices as it may deem necessary for the operation of the city by designating the position and the qualifications therefor by ordinance. Appointive offices are limited to the head of each department or division except:

       (a) One immediate assistant for the director of public works and one immediate assistant for the airport manager.

       (b) Special technical staff members who report directly to the city manager.

       (c) In the fire department and police department, no positions below the office of chief.

Appointment of such officers shall be made by the city manager and confirmed by the city council. [Such appointive offices may include:

       (a) Airport manager.

       (b) Animal regulation officer.

       (c) Assistant city manager.

       (d) Chief building inspector.

       (e) Chief license inspector.

       (f) Chief of police.

       (g) City controller.

       (h) City engineer.

       (i) Data processing director.

       (j) Director of finance.

       (k) Director of parks, recreation and public properties.

       (l) Director of personnel.


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ê1977 Statutes of Nevada, Page 1392 (Chapter 561, AB 401)ê

 

       (m) Director of public safety.

       (n) Director of public works.

       (o) Fire chief.

       (p) Sign and paint superintendent.

       (q) Signal and fire alarm superintendent.

       (r) Superintendent of city shops.

       (s) Superintendent of communications.

       (t) Superintendent of parks.

       (u) Superintendent of recreation.

       (v) Superintendent of sanitation.

       (w) Superintendent of sewer plant.

       (x) Superintendent of sewers.

       (y) Superintendent of streets.

       (z) Traffic engineer.

       3.]4.  A city clerk shall be appointed by the city council.

 

      Sec. 4.  Section 1.100 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as amended by chapter 553, Statutes of Nevada 1973, at page 877, is hereby amended to read as follows:

 

       Sec. 1.100  Appointive officers: Miscellaneous provisions.

       1.  All appointive officers, except the city clerk and his deputy, shall perform such duties as may be designated by the city manager and such other duties as may be directed by the city council.

       2.  Any employee of the city holding a civil service rating under the city and who is appointed to any position provided for in section 1.090 shall not lose his civil service rating while serving in such position.

       3.  All appointive officers shall be entitled to all employment benefits to which civil service employees are entitled.

       4.  The city council may require from all other officers and employees of the city constituted or appointed under this charter, except the mayor and councilmen, sufficient security for the faithful and honest performance of their respective duties.

 

      Sec. 5.  Section 2.010 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1965, is hereby amended to read as follows:

 

       Sec. 2.010  [City] Mayor and city council: Qualifications; election; term of office; salary.

       1.  The legislative power of the city is vested in a city council consisting of [seven] six councilmen [.] and a mayor.

       2.  [At the first city council meeting after an election at which a councilman is elected, the city council shall elect one of its members to have the title of mayor and another to have the title of assistant mayor. The mayor and assistant mayor shall serve for terms of 2 years or until removed after hearing for cause by a vote of six-sevenths of the city council.

       3.]  The mayor and councilmen shall be:

       (a) Bona fide residents of the wards they represent, or if [elected] representing the city at large, of the city, for at least 6 months immediately preceding their election.


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ê1977 Statutes of Nevada, Page 1393 (Chapter 561, AB 401)ê

 

representing the city at large, of the city, for at least 6 months immediately preceding their election.

       (b) Qualified electors within the city.

       [4.  All] The mayor and all councilmen shall be voted upon by all registered voters of the city. [but two councilmen shall be elected at large]

       3.  The mayor and one councilman shall represent the city at large and one councilman shall [be elected from] represent each ward. [All] The mayor and councilmen shall serve for terms of 4 years.

       [5.]  4.  The mayor and councilmen shall receive a salary in an amount fixed by the city council.

 

      Sec. 6.  Section 2.120 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 344, Statutes of Nevada 1973, at page 430, is hereby amended to read as follows:

 

[Section]Sec. 2.120  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. When such code is published, two copies shall be filed with the librarian at the county public library in Reno, the county law library and the supreme court law 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 Reno.”

       4.  The codification may be amended or extended by ordinance.

 

      Sec. 7.  Section 2.140 of the above-entitled act, being chapter 622, Statutes of Nevada 1971, as amended by chapter 553, Statutes of Nevada 1973, at page 878, is hereby amended to read as follows:

 

       Sec. 2.140  [Powers] General powers of city council. [: Public property, buildings.

       1.]  The city council may:

       [(a) Control the property of the corporation.

       (b) Erect and maintain all buildings necessary for the use of the city.

       (c) Purchase, receive, hold, sell, lease, convey and dispose of property, wherever situated, for the benefit of the city, improve and protect such property, and do all other things in relation thereto which natural persons might do.

       2.  No lease, for a term more than 1 year or for a rental of $500 to $1,500, inclusive, per month may be made until such lease has been appraised by one qualified appraiser who is a resident and taxpayer within the city.


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ê1977 Statutes of Nevada, Page 1394 (Chapter 561, AB 401)ê

 

been appraised by one qualified appraiser who is a resident and taxpayer within the city. No lease with a monthly rental in excess of $1,500, or sale of real property belonging to the city may be made until such lease or sale has been appraised by three qualified appraisers who are residents and taxpayers within the city. Such appraisal must be at the actual market or rental value of the property. Such property shall not be sold or leased for less than 75 percent of such appraised value. However, any property belonging to the city may be sold to the United States of America, the State of Nevada or any political subdivision thereof at a nominal consideration whenever the public interest requires such a sale.

       3.  The city council may not, except as otherwise specifically provided by this charter or any other law, mortgage, hypothecate or pledge any property of the city for any purpose.]

       1.  Acquire, control, improve and dispose of any real or personal property for the use of the city, its residents and visitors.

       2.  Regulate and impose a license tax for revenue upon all businesses, trades and professions.

       3.  Provide or grant franchises for public transportation and utilities.

       4.  Appropriate money for advertising and publicity and for the support of a municipal band.

       5.  Enact and enforce any police, fire, traffic, health, sanitary or other measure which does not conflict with the general laws of the State of Nevada.

 

      Sec. 8.  Section 3.010 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1973, is hereby amended to read as follows:

 

       Sec. 3.010  Mayor: Duties; assistant mayor.

       1.  The mayor shall:

       (a) Serve as a member of the city council and preside over its meetings.

       (b) Have no administrative duties.

       (c) Be recognized as the head of the city government for all ceremonial purposes.

       (d) Determine the order of business at meetings pursuant to the rules of the city council.

       (e) Be entitled to vote and shall vote last on all rollcall votes.

       (f) Take all proper measures for the preservation of the public peace and order and for the suppression of riots and all forms of public disturbance, for which he is authorized to appoint extra policemen temporarily and without regard to civil service rules and regulations, and to call upon the sheriff of Washoe County, or, if such force is inadequate, to call upon the governor for assistance.

       (g) Perform such other duties, except administrative duties, as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor of a city organized under the provisions of a special charter.

       2.  [The city council shall elect one of its members to be assistant mayor.] At the first regular city council meeting in June of each year, the city council shall elect one of the councilmen to be assistant mayor.


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ê1977 Statutes of Nevada, Page 1395 (Chapter 561, AB 401)ê

 

year, the city council shall elect one of the councilmen to be assistant mayor. Such person shall:

       (a) Hold such office and title, without additional compensation, [during the term for which he was elected.] for a term of 1 year or until removed after hearing for cause by a vote of six-sevenths of the city council.

       (b) Perform the duties of mayor during the absence or disability of the mayor.

       (c) Act as mayor until the next municipal election if the office of mayor becomes vacant.

 

      Sec. 9.  Section 3.060 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 666, Statutes of Nevada 1975, at page 1318, is hereby amended to read as follows:

 

       [Section] Sec. 3.060  City attorney: Qualifications; duties; salary.

       1.  The city attorney shall be a duly licensed member of the State Bar of Nevada and a resident of the city for at least 6 months before his election. He shall hold office for the term of 4 years and until his successor shall be duly elected and qualified.

       2.  The city attorney shall be the legal officer of the city and shall perform such duties as may be designated by ordinance. He shall be present at all meetings of the city council and shall be counsel for the civil service commission. He shall devote his full time to the duties of the office and shall not engage in the private practice of law.

       3.  The city attorney shall receive a salary as fixed by resolution of the city council.

       4.  The city attorney may appoint and remove such assistants as he may require in the discharge of the duties of his office. Such assistants shall not be civil service employees. The council may appropriate such funds as it may deem proper to compensate any such assistants. Such assistants shall not engage in the private practice of law after July 1, 1977.

 

      Sec. 10.  Section 4.020 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 553, Statutes of Nevada 1973, at page 881, is hereby amended to read as follows:

 

       Sec. 4.020  Municipal court: Qualifications of municipal judge; salary.

       1.  The municipal court shall be presided over by a municipal judge, or judges as provided in section 4.010, who shall be:

       (a) An attorney licensed to practice law in the State of Nevada.

       (b) A resident of the city for at least 6 months.

       (c) A qualified elector of the city.

       2.  The municipal judge or judges shall not engage in the private practice of law.

       3.  The salary of the municipal judge or judges shall be fixed by resolution of the city council.

 

      Sec. 11.  Section 5.010 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1977, is hereby amended to read as follows:

 


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ê1977 Statutes of Nevada, Page 1396 (Chapter 561, AB 401)ê

 

Statutes of Nevada 1971, at page 1977, is hereby amended to read as follows:

 

       Sec. 5.010  General municipal elections.

       1.  On the Tuesday after the 1st Monday in June [1975,] 1979, and at each successive interval of 4 years, there shall be elected by the qualified voters of the city, at a general election to be held for that purpose, a mayor, councilmen from the second and fourth wards, [one councilman at large,] a municipal judge and a city attorney, all of whom shall hold office for a term of 4 years and until their successors have been elected and qualified.

       2.  On the Tuesday after the 1st Monday in June [1977,] 1981, and at each successive interval of 4 years, there shall be elected by the qualified voters of the city, at a general election to be held for that purpose, councilmen from the first, third and fifth wards and one councilman at large, all of whom shall hold office for a term of 4 years and until their successors have been elected and qualified.

 

      Sec. 12.  Section 5.040 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1978, is hereby amended to read as follows:

 

       Sec. 5.040  Qualifications, registration of voters.

       1.  Every person who resides within the city at the time of holding any municipal election, and whose name appears upon the official register of voters in and for the city, is entitled to vote at each municipal election, whether special, primary or general, and for all officers to be voted for and on all questions that may be submitted to the people at any such primary, general or special city elections, except as otherwise provided in this article.

       2.  [Nothing in this charter shall be so construed as to deny or abridge the power of the] The city council [to] may provide for supplemental registration.

 

      Sec. 13.  Section 5.070 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1979, is hereby amended to read as follows:

 

       Sec. 5.070  Availability of lists of registered voters.  If, for any purpose relating to a municipal election or to candidates or issues involved in such an election, any organization, group or person requests a list of registered voters of the city, the department, office or agency which has custody of the official register of voters shall either permit the organization, group or person to copy the voters’ names and addresses from the official register of voters or furnish such a list [.] upon payment of the cost established by state election law.

 

      Sec. 13.5.  Section 5.100 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1979, is hereby amended to read as follows:

 

       Sec. 5.100  Election returns; canvass; certificates of election; entry of officers upon duties; tie vote procedure.


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ê1977 Statutes of Nevada, Page 1397 (Chapter 561, AB 401)ê

 

       1.  The election returns from any special, primary or general municipal election shall be filed with the city clerk, who shall immediately place such returns in a safe or vault, and no person [shall be permitted to] may handle, inspect or in any manner interfere with such returns until canvassed by the city council.

       2.  The city council and city manager shall meet within 5 days after any election and canvass the returns and declare the result. The election returns shall then be sealed and kept by the city clerk for 6 months, and no person [shall] may have access thereto except on order of a court of competent jurisdiction or by order of the city council.

       3.  The city clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties [on the 1st Monday in July next] at the first regular city council meeting in June following their election.

       4.  If any election should result in a tie, the city council shall summon the candidates who received the tie vote and determine the tie by lot. The clerk shall then issue to the winner a certificate of election.

 

      Sec. 14.  Section 7.050 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1981, is hereby amended to read as follows:

 

       Sec. 7.050  Investment of funds.

       1.  The city council may, by resolution, direct the city [treasurer] manager to invest any part of the funds of the city in obligations of any kind issued by the United States of America.

       2.  All such funds so invested shall be considered as part of the fund from which it was taken.

 

      Sec. 15.  Section 7.060 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1981, is hereby amended to read as follows:

 

       Sec. 7.060  Investment of money realized from bond sales.

       1.  The city council may direct the city [treasurer] manager to invest all moneys realized from the sale of bonds issued by the city in bonds or other securities issued by the United States of America until such moneys are actually required for the purposes for which such bonds were issued.

       2.  All interest received from such investments shall be used only for the payment of principal or interest on the bonds issued by the city.

 

      Sec. 16.  Section 8.010 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1982, is hereby amended to read as follows:

 

       Sec. 8.010  Municipal taxes.

       1.  The city council shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax not exceeding [1.75] 2 percent upon the assessed value of all real and personal property within the city except as otherwise provided in the Local Government Securities Law and the Consolidated Local Improvements Law, as amended from time to time.


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ê1977 Statutes of Nevada, Page 1398 (Chapter 561, AB 401)ê

 

and personal property within the city except as otherwise provided in the Local Government Securities Law and the Consolidated Local Improvements Law, as amended from time to time. The taxes so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed in the laws of the State of Nevada for collection of state and county taxes. The revenue laws of the state shall, in every respect not inconsistent with the provisions of this charter, be applicable to the levying, assessing and collecting of the municipal taxes.

       2.  In the matter of the equalization of assessments, the rights of the city and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the county board of equalization as are the state and county.

       3.  All forms and blanks used in levying, assessing and collecting the revenues of the state and counties shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the city. The city council shall enact all such ordinances as it may deem necessary and not inconsistent with this charter and the laws of the state for the prompt, convenient and economical collecting of the revenue.

 

      Sec. 17.  Section 9.020 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as added by chapter 553, Statutes of Nevada 1973, at page 884, is hereby amended to read as follows:

 

       Sec. 9.020  Civil service and exempt positions.  [There is hereby created a civil service system applicable to and for the purpose of governing the selection, appointment and promotion of all employees of the city except the following exempt positions: Elected officials of the city, city manager, secretary to the city manager, assistant city manager, city clerk, airports manager, animal control center supervisor, building superintendent, building inspection superintendent, chief license and sewer collections inspector, city engineer, communications superintendent, comptroller, data processing manager, equipment maintenance superintendent, finance director, fire chief, parks and recreation director, parks superintendent, personnel director, personnel officer, police chief, public safety director, public works director, recreation superintendent, sewage plant superintendent, sewer lines superintendent, sign and paint superintendent, streets superintendent, traffic safety engineer, traffic signal and fire alarm superintendent, persons employed in the office of the city attorney, persons employed by the city less than eighteen hours per week, the chief examiner of the civil service commission, persons employed in positions which are funded 50 percent or more by noncity funds, and persons employed in trainee positions on a limited-term basis; provided, however, that no employee of the City of Reno whose position has heretofore been within the civil service system shall by this enactment lose the rights or privileges held by him prior to the effective date of this article.]

       1.  A civil service system is created for the selection, appointment and promotion of all employees except:


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ê1977 Statutes of Nevada, Page 1399 (Chapter 561, AB 401)ê

 

       (a) A person appointed to a position pursuant to this charter.

       (b) A person employed by the city for less than 18 hours per week.

       (c) A person for whose position half or more of the money is provided by a source other than the city.

       (d) A person employed as a trainee for a period of time which is not more than that period prescribed for a probationary employee.

       2.  Any employee whose position was within the provisions of the civil service system before the effective date of this section shall retain all rights and benefits to which he would otherwise be entitled under the system.

 

      Sec. 18.  Sections 2.150, 2.160, 2.170, 2.180, 2.190, 2.200, 2.210, 2.220, 2.230, 2.240, 2.250, 2.260, 2.270, 2.280, 2.290, 2.300, 2.310, 2.320, 2.325, 2.330, 2.340, 2.350, 3.050, 3.100 and 3.110 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as amended, are hereby repealed.

      Sec. 19.  Notwithstanding the general provisions of section 2.010 of the city charter, the persons elected to the city council at the municipal election of 1977 and the incumbents remaining on the city council shall, at their first meeting as the city council, elect one of their number to serve as mayor for a term of 2 years.

      Sec. 20.  1.  This act shall become effective upon passage and approval.

      2.  Section 19 of this act expires by limitation on January 1, 1978.

 

________

 

 

CHAPTER 562, AB 646

Assembly Bill No. 646–Assemblymen Bennett, Schofield and Chaney

CHAPTER 562

AN ACT relating to the district courts; changing number of district judges in certain judicial districts; and providing other matters properly relating thereto.

 

[Approved May 15, 1977]

 

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

do enact as follows:

 

      Section 1.  NRS 3.010 is hereby amended to read as follows:

      3.010  1.  The state is hereby divided into nine judicial districts, as follows:

      First judicial district.  The county of Storey and Carson City constitute the first judicial district.

      Second judicial district.  The county of Washoe constitutes the second judicial district.

      Third judicial district.  The counties of Churchill, Eureka and Lander constitute the third judicial district.

      Fourth judicial district.  The county of Elko constitutes the fourth judicial district.

      Fifth judicial district.  The counties of Mineral, Esmeralda and Nye constitute the fifth judicial district.


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

ê1977 Statutes of Nevada, Page 1400 (Chapter 562, AB 646)ê

 

      Sixth judicial district.  The counties of Pershing and Humboldt constitute the sixth judicial district.

      Seventh judicial district.  The counties of White Pine and Lincoln constitute the seventh judicial district.

      Eighth judicial district.  The county of Clark constitutes the eighth judicial district.

      Ninth judicial district.  The counties of Douglas and Lyon constitute the ninth judicial district.

      2.  For each of the judicial districts, except the first, second and eighth judicial districts, there shall be one district judge. For the first judicial district there shall be two district judges. For the second judicial district there shall be seven district judges. For the eighth judicial district there shall be [11] 12 district judges.

      3.  District judges shall be elected as provided in NRS 3.050. Whenever a vacancy occurs in the office of any district judge it shall be filled as provided in NRS 3.080.

      Sec. 2.  This act shall become effective on January 1, 1978, for the purpose of nominating and electing district judges, and on the 1st Monday in January 1979, for all other purposes.

 

________

 

 

CHAPTER 563, AB 480

Assembly Bill No. 480–Assemblymen Glover and Jacobsen

CHAPTER 563

AN ACT relating to local governments; postponing the application of the formula for payments by the state in lieu of taxes on real property; making an appropriation for the support of an additional district judge in the first judicial district; and providing other matters properly relating thereto.

 

[Approved May 15, 1977]

 

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

do enact as follows:

 

      Section 1.  NRS 361.055 is hereby amended to read as follows:

      361.055  1.  All lands and other property owned by the state are exempt from taxation, except real property acquired by the Nevada department of fish and game which is or was subject to taxation under the provisions of this chapter at the time of acquisition and except as provided in subsection 4.

      2.  In lieu of payment of taxes on each parcel of real property acquired by it which is subject to assessment and taxation pursuant to subsection 1, the Nevada department of fish and game shall make annual payment to the county tax receiver of the county wherein each such parcel of real property is located of an amount equal to the total taxes levied and assessed against each such parcel of real property in the year in which title to the same was acquired by the Nevada department of fish and game.

      3.  Such payments in lieu of taxes shall be collected and accounted for in the same manner as taxes levied and assessed against real property pursuant to this chapter are collected and accounted for.


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

ê1977 Statutes of Nevada, Page 1401 (Chapter 563, AB 480)ê

 

      4.  [All] After July 1, 1978, all real estate owned by the State of Nevada located in each county shall be listed in a separate tax list and assessment roll book of that county at its full cash value. If the total value of such real estate owned by the state in a county is greater than 17 percent of the total value of all other real estate listed in the county’s tax list and assessment roll books, that portion of the value of the real estate owned by the state which is in excess of such 17 percent may be taxed by the county as other property is taxed.

      5.  [Moneys] Money received pursuant to this section shall be apportioned each year to the counties, school districts and cities wherein each such parcel of real property is located in the proportion that the tax rate of each such political subdivision bears to the total combined tax rate in effect for such year.

      Sec. 2.  There is hereby appropriated from the state general fund to Carson City for the fiscal year beginning July 1, 1977, and ending June 30, 1978, the sum of $115,000 and for the fiscal year beginning July 1, 1978, and ending June 30, 1979, the sum of $100,000 for the support of an additional district judge in the first judicial district.

 

________

 

 

CHAPTER 564, AB 445

Assembly Bill No. 445–Assemblymen Wagner, Murphy, Coulter, Barengo, Gomes, Goodman, Weise and Kosinski

CHAPTER 564

AN ACT relating to subdivisions; prohibiting local government approval of a final map unless the subdivider submits a plan for installing watermeters; and providing other matters properly relating thereto.

 

[Approved May 15, 1977]

 

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

do enact as follows:

 

      Section 1.  Chapter 278 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The governing body shall not approve any final map for a subdivision served by a public water system which it receives after the effective date of this act, unless the subdivider has submitted plans which provide for the installation of watermeters or other devices which will measure water delivered to each water user in the subdivision.

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

 

________

 

 


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

ê1977 Statutes of Nevada, Page 1402ê

 

CHAPTER 565, AB 438

Assembly Bill No. 438–Committee on Government Affairs

CHAPTER 565

AN ACT relating to the supplying of water; permitting the installation and use of watermeters in certain instances; and providing other matters properly relating thereto.

 

[Approved May 16, 1977]

 

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

do enact as follows:

 

      Section 1.  NRS 704.230 is hereby amended to read as follows:

      704.230  1.  Except as otherwise provided in this section or in any special law for the incorporation of a city, it is unlawful for any public utility, for any purpose or object whatever, in any city or town containing more than 7,500 inhabitants, to install, operate or use, within such city or town, any mechanical watermeter, or similar mechanical device, to measure the quantity of water delivered to residential water users.

      2.  A public utility which furnishes water shall file with the commission a schedule establishing a separate individual and joint rate or charge for residential users who have installed watermeters or similar devices to measure the consumption of water.

      3.  A watermeter or similar device may be installed to measure the consumption of water by a residential customer only:

      (a) With the consent of the customer; and

      (b) To obtain information concerning a representative sample of residential customers in order to determine what benefits, if any, would be derived from the installation and use of watermeters for residential customers generally.

Unless the residential customer has agreed, in writing, to pay the separate rate, the public utility shall charge the residential customer for whom such a meter is installed the same amount for water used as if no meter had been installed.

      4.  [Nothing in subsection 1 shall] This section does not apply to cities and towns owning and operating municipal waterworks, or to cities and towns located in counties having a population of 200,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

      Sec. 2.  The state engineer shall as soon as practicable:

      1.  Obtain the right to cause water to be pumped from Lake Tahoe into the Truckee River and thus to lower the level of the lake below its outlet to the extent necessary, if the needs of the inhabitants of the cities of Reno and Sparks and of the unincorporated areas of Washoe County for reasonable domestic use cannot otherwise be met.

      2.  Effect the storage of water, including that saved by the installation of watermeters or similar devices, in available reservoirs or other facilities within the watershed of the Truckee River for the later use of the inhabitants of the watershed.

      3.  Report the results of his efforts to accomplish the results required by subsections 1 and 2 to the 60th session of the legislature, with any recommendations for appropriate legislation.

      Sec. 3.  The legislature finds and declares that:


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

ê1977 Statutes of Nevada, Page 1403 (Chapter 565, AB 438)ê

 

      1.  If the winter of 1977-1978 is as dry as the winter of 1976-1977 has been, the public utilities providing water to Washoe County, including the cities of Reno and Sparks, will be able to deliver on a daily basis no more than half the present daily consumption of water. This will result not only from shortage of surface water but also from the depletion of underground water because of lack of snow and rainfall in the mountains which normally replenish the underground supply.

      2.  Such a severe shortage would require not only the prohibition of any watering of lawns or other landscaping but also the limitation of the use of water by tourist accommodations which are vital to the economy of the region.

      3.  A method of determining the amount of water consumed by tourist accommodations and other water users who are not residential customers is essential for conservation practices.

      4.  The only means to avoid these disastrous consequences are to obtain the pumping right described in section 2 of this act and to practice all feasible means for the conservation of water, including the use of watermeters. The immediate adoption of these conservation practices is essential not only to meet the need for water in the long run but also to provide evidence of sincerity to those whose cooperation is essential to obtain the pumping rights and effect the storage of water necessary to meet the immediate emergency and the intermediate needs of the region.

      5.  The factors set forth in subsections 1, 2, 3 and 4 create a unique situation to which a general law cannot be made applicable.

      Sec. 4.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 566, AB 700

Assembly Bill No. 700–Assemblymen May, Mann, Barengo, Jacobsen, Murphy, Horn, Harmon and Jeffrey

CHAPTER 566

AN ACT relating to gaming; providing additional procedures for levying and collecting certain fees and taxes; and providing other matters properly relating thereto.

 

[Approved May 16, 1977]

 

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

do enact as follows:

 

      Section 1.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  If the commission is not satisfied with the report of the state license fees or taxes required to be paid to the state pursuant to this chapter by any person, it may compute and determine the amount required to be paid upon the basis of the facts contained in the report or upon the basis of an audit conducted by the board or upon the basis of any information within its possession or that may come into its possession, or any combination of the methods described in this subsection.

      2.  If any person fails to make a report of the state license fees or taxes as required by this chapter, the commission shall make an estimate of the amount of taxes or fees determined to be due pursuant to the provisions of this chapter.


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

ê1977 Statutes of Nevada, Page 1404 (Chapter 566, AB 700)ê

 

taxes as required by this chapter, the commission shall make an estimate of the amount of taxes or fees determined to be due pursuant to the provisions of this chapter. The estimate shall be made for the period or periods in respect to which the person failed to make a report and shall be based upon any information which is in the commission’s possession or which may come into its possession. Upon the basis of this estimate, the commission shall compute and determine the amount required to be paid to the state, including penalties and interest.

      3.  In making a determination, the commission may offset overpayments and interest due thereon against underpayments and interest or penalties due thereon for the audit period.

      4.  If overpayments and interest thereon exceed underpayments, penalties and interest thereon, such excess shall be refunded to the licensee except where otherwise expressly provided.

      Sec. 3.  1.  The commission shall give written notice of its determination pursuant to section 2 of this act to the licensee or other person responsible for the payment of the license fee or tax.

      2.  The notice may be served by sending it by certified mail, addressed to the licensee or other person at the licensed location as it appears in the records of the commission.

      3.  Except in the case of fraud or intent to evade the payment of any fee or tax imposed by this chapter every notice of a deficiency determination shall be mailed within 5 years after the last day of the calendar month following the quarterly period in which the deficiency occurred or within 5 years after the report is filed by the licensee, whichever period expires later.

      4.  If, before the expiration of the time prescribed in this section for the mailing of a notice of deficiency determination, the licensee has consented in writing to the mailing of the notice after such time, the notice may be mailed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing before the expiration of the period previously agreed upon.

      Sec. 4.  1.  Any person against whom a determination is made pursuant to section 2 of this act may petition the commission for a redetermination within 30 days after service upon the person of notice thereof. If a petition for redetermination is not filed within 30 days, the determination becomes final at the expiration of the period.

      2.  If a petition for redetermination is filed within the 30-day period, the commission shall reconsider the determination and, if the person has so requested in his petition, shall grant the person a hearing.

      3.  Any order or decision of the commission upon a petition for redetermination is final 10 days after service upon the petitioner.

      4.  Any person against whom a redetermination has become final may within 1 year after the date of redetermination petition for judicial review of the redetermination.

      Sec. 5.  The remedies of the state for the collection and payment of license fees, taxes, penalties and interest provided for in this chapter are cumulative and any action taken by the commission or the attorney general does not constitute an election by the state to pursue any remedy to the exclusion of any other remedy for which provision is made in this chapter.


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

ê1977 Statutes of Nevada, Page 1405 (Chapter 566, AB 700)ê

 

the exclusion of any other remedy for which provision is made in this chapter.

      Sec. 6.  NRS 463.142 is hereby amended to read as follows:

      463.142  1.  At any time: [within]

      (a) Within 5 years after any amount of fees, interest, penalties or tax required to be paid or collected pursuant to the provisions of this chapter becomes due and payable; [, and at any time within]

      (b) Within 5 years after the delinquency of any amount of such fees, interest, penalties or tax [, the] ; or

      (c) Within 3 years after the commission has, within one of the 5-year periods limited by paragraphs (a) and (b), made a determination of any fee, interest, penalty or tax pursuant to section 2 of this act, whichever period extends the longest, the commission may bring a civil action in the courts of this state, or any other state, or of the United States, in the name of the State of Nevada to collect the amount [delinquent] due together with penalties and interest. An action may be brought even though the person owing the amount is not a gaming licensee under the provisions of this chapter.

      2.  If the action is brought in this state:

      (a) A writ of attachment may issue, and no bond or affidavit previous to the issuing of the attachment is required.

      (b) The records of the commission [shall be] are prima facie evidence of the determination of the tax or the amount of the tax, the delinquency of the amount set forth and compliance by the commission with all the provisions of this chapter in relation to the computation and determination of the amounts.

      Sec. 7.  NRS 463.270 is hereby amended to read as follows:

      463.270  1.  Subject to the power of the commission to deny, revoke, suspend, condition or limit licenses, any state license in force may be renewed by the commission for the next succeeding license period upon proper application for renewal and payment of state license fees and taxes as required by law and the regulations of the commission.

      2.  All state gaming licenses shall become subject to renewal on the 1st day of each January and all quarterly state gaming licenses on the 1st day of each calendar quarter thereafter.

      3.  Application for renewal shall be filed with the commission and all state license fees and taxes required by law shall be paid to the commission on or before the dates respectively provided by law for each such fee or tax.

      4.  Application for renewal of licenses for slot machines only shall be made by the operators of the locations where such machines are situated.

      5.  Any person failing to pay any state license fees or taxes due at the times respectively provided shall pay in addition to such license fees or taxes a penalty of not less than $25 or 25 percent of the gross amount due, whichever is the greater, but in no case in excess of $1,000 where the fee is based on gross revenue and $800 in all other cases, which penalty shall be collected as are other charges, license fees and penalties under this chapter.

      6.  Upon renewal of any state license, the commission shall issue an appropriate renewal certificate or validating device or sticker, which shall be attached to each state gaming license so renewed.


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

ê1977 Statutes of Nevada, Page 1406 (Chapter 566, AB 700)ê

 

appropriate renewal certificate or validating device or sticker, which shall be attached to each state gaming license so renewed.

      7.  Any person who operates, carries on or exposes for play any gambling game, gaming device or slot machine or who manufactures, sells or distributes any gaming device equipment, material or machine used in gaming, after his license [has become] becomes subject to renewal, and thereafter fails to apply for renewal as herein provided, is guilty of a misdemeanor; and, in addition to the penalties provided by law, shall be liable to the State of Nevada for all license fees, taxes and penalties which would have been due and payable upon application for renewal as herein provided.

      8.  If any licensee or other person fails to renew his license as herein provided the commission may order the immediate closure of all gaming activity of the licensee until such time as the license has been renewed by the payment of the necessary fees, taxes, interest and any penalties. Failure to renew a license within 30 days after the date required by this chapter shall be deemed a surrender of the license.

      Sec. 8.  NRS 463.387 is hereby amended to read as follows:

      463.387  1.  State gaming license fees or taxes erroneously collected may be refunded, upon the approval of the commission, as other claims against the state are paid.

      2.  Within 90 days after the mailing of the notice of the commission’s action upon a claim for refund filed pursuant to this chapter, the claimant may bring an action against the commission on the grounds set forth in the claim in any court of competent jurisdiction for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.

      3.  Failure to bring an action within the time specified in subsection 2 constitutes a waiver of any demand against the state on account of alleged overpayments.

      4.  If the commission fails to mail its notice of action on a claim within 6 months after the claim is filed, the claimant may consider the claim disallowed and bring an action against the commission on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.

      5.  In any case where a refund is granted, interest shall be allowed at the rate of 7 percent per annum upon the amount found to have been illegally collected from the date of payment of the amount to the date the refund is paid.

      6.  Notwithstanding the provisions of NRS 353.115, any claim for refund of state gaming license fees or taxes paid in excess of the amount required to be reported and paid, [must] shall be filed with the commission within 5 years after the date of overpayment [.] and not thereafter.

 

________

 

 


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

ê1977 Statutes of Nevada, Page 1407ê

 

CHAPTER 567, SB 268

Senate Bill No. 268–Committee on Judiciary

CHAPTER 567

AN ACT relating to controlled substances; revising penalties for various unlawful activities; adding certain crimes; removing age distinctions in certain crimes; prohibiting probation and restricting parole eligibility for certain offenders; and providing other matters properly relating thereto.

 

[Approved May 16, 1977]

 

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

do enact as follows:

 

      Section 1.  Chapter 453 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  Except as authorized by the provisions of NRS 453.011 to 453.551, inclusive, it is unlawful for any person to possess for the purpose of sale any controlled substance classified in NRS 453.161 or 453.171.

      2.  Any person who violates this section shall be punished:

      (a) For the first offense, by imprisonment in the state prison for not less than 1 year nor more than 15 years and may be further punished by a fine of not more than $5,000.

      (b) For a second offense, or if, in the case of a first conviction of violating this section, the offender has previously been convicted of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, by imprisonment in the state prison for not less than 5 years nor more than 15 years and may be further punished by a fine of not more than $10,000.

      (c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, by imprisonment in the state prison for not less than 15 years and may be further punished by a fine of not more the $20,000 for each offense.

      3.  The court shall not grant probation to or suspend the sentence of any person convicted of violating this section and punishable pursuant to paragraph (b) or (c) of subsection 2.

      Sec. 3.  1.  Except as authorized by the provisions of NRS 453.011 to 453.551, inclusive, it is unlawful for any person to possess for the purpose of sale any controlled substance classified in NRS 453.181, 453.191 or 453.201.

      2.  Any person who violates this section shall be punished:

      (a) For the first offense, by imprisonment in the state prison for not less than 1 year nor more than 6 years and may be further punished by a fine of not more than $2,500.

      (b) For a second offense, or if, in the case of a first conviction of violating this section, the offender has previously been convicted of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $5,000.


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

ê1977 Statutes of Nevada, Page 1408 (Chapter 567, SB 268)ê

 

the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $5,000.

      (c) For a third or subsequent offense, or if the offender has been previously convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, by imprisonment in the state prison for life or for a definite term of not less than 2 years nor more than 10 years and may be further punished by a fine of not more than $10,000 for each offense.

      3.  The court shall not grant probation to or suspend the sentence of any person convicted of violating this section and punishable under paragraph (b) or (c) of subsection 2.

      Sec. 4.  1.  Any person who offers, agrees or arranges unlawfully to sell, supply, transport, deliver, give or administer any controlled substance classified in NRS 453.161 or 453.171 and then sells, supplies, transports, delivers, gives or administers any other substance in place of such controlled substance shall be punished by imprisonment in the county jail for not more than 1 year or in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $10,000 for each offense.

      2.  The court shall not grant probation to or suspend the sentence of any person convicted of violating subsection 1 if he has previously been convicted of any felony offense under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act.

      3.  Any person who offers, agrees or arranges unlawfully to sell, supply, transport, deliver, give or administer any controlled substance classified in NRS 453.181, 453.191 or 453.201 and then sells, supplies, transports, delivers, gives or administers any other substance in place of such controlled substance shall be punished by imprisonment in the county jail for not less than 1 year nor more than 1 year or in the state prison for not more than 6 years and may be further punished by a fine of not more than $5,000 for each offense.

      Sec. 5.  In any proceeding brought under section 2 or 3 of this act, NRS 453.316, 453.321 or 453.401, any previous convictions of the offender for a felony relating to controlled substances shall be alleged in the indictment or information charging the primary offense, but such conviction may not be alluded to on the trial of the primary offense nor may any evidence of such offense be produced in the presence of the jury except as otherwise prescribed by law. If the offender pleads guilty to or is convicted of the primary offense but denies any previous conviction charged, the court shall determine the issue after hearing all relevant evidence. Presentation of an exemplified copy of a conviction of a felony is prima facie evidence of the conviction.

      Sec. 6.  (Deleted by amendment.)


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

ê1977 Statutes of Nevada, Page 1409 (Chapter 567, SB 268)ê

 

      Sec. 7.  NRS 453.016 is hereby amended to read as follows:

      453.016  [When] As used in NRS 453.011 to 453.551, inclusive, and sections 2 to 5, inclusive, of this act, the words and terms in NRS 453.011 to 453.141, inclusive, [shall, for the purposes of NRS 453.011 to 453.551, inclusive,] have the meanings ascribed to them in [NRS 453.011 to 453.141, inclusive,] those sections except in [those] instances where the context clearly indicates a different meaning.

      Sec. 8.  NRS 453.301 is hereby amended to read as follows:

      453.301  The following are subject to forfeiture:

      1.  All controlled substances which have been manufactured, distributed, dispensed or acquired in violation of the provisions of NRS 453.011 to 453.551, inclusive.

      2.  All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance in violation of the provisions of NRS 453.011 to 453.551, inclusive.

      3.  All property which is used, or intended for use, as a container for property described in subsections 1 and 2.

      4.  All books, records and research products and materials, including formulas, microfilm, tapes and data, which are used, or intended for use, in violation of the provisions of NRS 453.011 to 453.551, inclusive.

      5.  All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale, possession for sale or receipt of property described in subsections 1 or 2, except that:

      (a) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of the provisions of NRS 453.011 to 453.551, inclusive;

      (b) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge or consent;

      (c) A conveyance is not subject to forfeiture for a violation of NRS 453.336 [; and] unless more than 1 kilogram of marihuana was in the conveyance;

      (d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act or omission. If a conveyance is forfeited the appropriate law enforcement agency may pay off the existing balance and retain the conveyance for official use.

No person, other than the holder of a community property interest, whose name or interest does not appear on the certificate of registration or title for the conveyance is a proper party to any forfeiture proceeding pursuant to this subsection.

      Sec. 9.  NRS 453.306 is hereby amended to read as follows:

      453.306  1.  Property subject to forfeiture under the provisions of NRS 453.011 to 453.551, inclusive, may be seized by the division or other law enforcement agency upon process issued by any magistrate having jurisdiction over the property.


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

ê1977 Statutes of Nevada, Page 1410 (Chapter 567, SB 268)ê

 

      2.  Seizure without process may be made if:

      (a) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;

      (b) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon the provisions of NRS 453.011 to 453.551, inclusive;

      (c) The division or other law enforcement agency has probably cause to believe that the property is directly or indirectly dangerous to health or safety; or

      (d) The division or other law enforcement agency has probable cause to believe that the property was used or is intended to be used in violation of the provisions of NRS 453.011 to 453.551, inclusive.

      3.  In the event of seizure pursuant to subsection 2, proceedings under subsection 4 shall be instituted promptly [.] and shall have priority over other civil proceedings.

      4.  Property taken or detained under this section and NRS 453.301 shall not be subject to replevin, but is deemed to be in the custody of the division or other agency, as the case may be, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under the provisions of NRS 453.011 to 453.551, inclusive, the division or other agency may:

      (a) Place the property under seal;

      (b) Remove the property to a place designated by the agency seizing the property; or

      (c) Remove it to an appropriate location for disposition in accordance with law.

      5.  When property is forfeited under the provisions of NRS 453.011 to 453.551, inclusive, the [division or other] appropriate law enforcement agency [as the case may be,] may:

      (a) Retain it for official use;

      (b) Sell that which is not required to be destroyed by law and which is not harmful to the public;

      (c) Remove it for disposition in accordance with the law. [; or

      (d) Forward it to the bureau for disposition.]

      6.  The proceeds from the sale of any property under the provisions of subsection 5 shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs. Any balance remaining shall be deposited in the state permanent school fund.

      Sec. 10.  NRS 453.316 is hereby amended to read as follows:

      453.316  1.  [Any store, shop, office, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by narcotic drug addicts for the purpose of using narcotic drugs or which is used for the illegal keeping or selling of the same shall be deemed a common nuisance. No person shall keep or maintain such common nuisance.

      2.  Nothing contained in this section shall be construed to] Any person who opens or maintains any place for the purpose of unlawfully selling, giving away or using any controlled substance shall be punished by imprisonment in the county jail for not more than 1 year or in the state prison for not more than 10 years, except as provided in subsection 2.


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

ê1977 Statutes of Nevada, Page 1411 (Chapter 567, SB 268)ê

 

state prison for not more than 10 years, except as provided in subsection 2.

      2.  If a person convicted of violating this section has previously been convicted of violating this section, or if, in the case of a first conviction of violating this section, he has been convicted of an offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under this section, he shall be imprisoned in the state prison for not less than 2 years nor more than 20 years. The court shall not grant probation to or suspend the sentence of any person convicted of violating this section if he has been previously convicted under this section or of any other offense described in this subsection.

      3.  This section does not apply to any rehabilitation clinic established or licensed by the health division of the department of human resources.

      Sec. 11.  NRS 453.321 is hereby amended to read as follows:

      453.321  1.  Except as authorized by the provisions of NRS 453.011 to 453.551, inclusive, it is unlawful for any person to import, transport, manufacture, compound, sell, exchange, barter, supply, [or] give away or administer a controlled or counterfeit substance [.

      2.  Any person 21 years of age or older who sells, exchanges, barters, supplies or gives away a controlled or counterfeit substance in violation of subsection 1 classified in:

      (a) Schedule I or II, to a person who is:

             (1) Twenty-one years of age or older shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $5,000. For a second or subsequent offense, such offender shall be punished by imprisonment in the state prison for life, without possibility of parole, and may be further punished by a fine of not more than $5,000. If the offender has previously been convicted of any violation of the laws of the United States or any state, territory or district relating to a controlled substance, the term of imprisonment imposed pursuant to this subsection shall be served without benefit of probation.

             (2) Under 21 years of age shall be punished by imprisonment in the state prison for life with possibility of parole and may be further punished by a fine of not more than $5,000. Eligibility for parole begins when a minimum of 7 years has been served. For a second or subsequent offense, such offender shall be punished by imprisonment in the state prison for life without possibility of parole. If the offender has previously been convicted of any violation of laws of the United States or any state, territory, or district relating to a controlled substance, the term of imprisonment imposed pursuant to this subsection shall be served without benefit of probation.

      (b) Schedule III, IV or V shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000. For a:

             (1) Second offense, or if, in case of a first conviction, the offender previously has been convicted of any violation of the laws of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $2,000.


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

ê1977 Statutes of Nevada, Page 1412 (Chapter 567, SB 268)ê

 

for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $2,000. If the offender has previously been convicted of any violation of the laws of the United States or any state, territory or district relating to a controlled substance, the term of imprisonment imposed pursuant to this subsection shall be served without benefit of probation.

             (2) Third or subsequent offense, or if the offender previously has been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $5,000.

The term of imprisonment imposed pursuant to this subsection shall be served without possibility of probation.

      3.  Any person who is under 21 years of age is convicted:

      (a) Of an offense otherwise punishable under subsection 2 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years, with possibility of probation.

      (b) Of a second or subsequent offense otherwise punishable under subsection 2 shall be punished as provided in subsection 2 for a second or subsequent offense and any term of imprisonment imposed shall be served without possibility of probation.] or to offer or attempt to do any such act.

      2.  If any person violates subsection 1 and the controlled substance is classified in NRS 453.161 or 453.171, he shall be punished:

      (a) For the first offense, by imprisonment in the state prison for life or for a definite term of not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $5,000.

      (b) For a second offense, or if, in the case of a first conviction under this subsection, the offender has previously been convicted of an offense under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to an offense under this section, by imprisonment in the state prison for life or for a definite term of not less than 5 years nor more than 20 years and may be further punished by a fine of not more than $10,000.

      (c) For a third or subsequent offense, or if the offender has previously been convicted two or more times under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to an offense under this section, by imprisonment in the state prison for life or for a definite term of not less than 15 years and may be further punished by a fine of not more than $20,000 for each offense.

      3.  The court shall not grant probation to or suspend the sentence of any person convicted under subsection 2 and punishable pursuant to paragraph (b) or (c) of subsection 2.

      4.  If any person violates subsection 1, and the controlled substance is classified in NRS 453.181, 453.191 or 453.201, he shall be punished:

      (a) For the first offense, by imprisonment in the state prison for life or for a definite term of not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $2,500.


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ê1977 Statutes of Nevada, Page 1413 (Chapter 567, SB 268)ê

 

      (b) For a second offense, or if, in the case of a first conviction of violating this subsection, the offender has previously been convicted of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a violation of this section, by imprisonment in the state prison for life or for a definite term of not less than 2 years nor more than 15 years and may be further punished by a fine of not more than $5,000.

      (c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a violation of this section, by imprisonment in the state prison for life or for a definite period of not less than 5 years nor more than 20 years and may be further punished by a fine of not more than $10,000 for each offense.

      5.  The court shall not grant probation to or suspend the sentence of any person convicted under subsection 4 and punishable pursuant to paragraph (b) or (c) of subsection 4.

      Sec. 12.  NRS 453.336 is hereby amended to read as follows:

      453.336  1.  It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the provisions of NRS 453.011 to 453.551, inclusive.

      2.  Except as provided in subsections 3 and 4, any person who violates this section shall be punished:

      (a) For the first offense, if the controlled substance is listed in NRS 453.161, 453.171, 453.181 or 453.191, by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000.

      (b) For a second offense, if the controlled substance is listed in NRS 453.161, 453.171, 453.181 or 453.191, or if, in case of a first conviction of violation of this section, the offender has previously been convicted of any violation of the laws of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $2,000.

      (c) For a third or subsequent offense, if the controlled substance is listed in NRS 453.161, 453.171, 453.181 or 453.191, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, the offender shall be punished by imprisonment in the state prison for not less than 1 year nor more than 20 years and may be further punished by a fine of not more than $5,000.

      (d) For the first offense, if the controlled substance is listed in NRS 453.201, by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000.

      (e) For a second or subsequent offense, if the controlled substance is listed in NRS 453.201, by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000.


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ê1977 Statutes of Nevada, Page 1414 (Chapter 567, SB 268)ê

 

less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000.

      3.  Any person who is under 21 years of age and is convicted of the possession of less than 1 ounce of marihuana:

      (a) For the first offense:

             (1) Shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000; or

             (2) Shall be punished by imprisonment in the county jail for not more than 1 year, and may be further punished by a fine of not more than $1,000, and may have his driver’s license suspended for not more than 6 months.

      (b) For the second offense shall be punished in the manner prescribed by subsection 2 for a first offense.

      (c) For a third or subsequent offense, shall be punished in the manner prescribed by subsection 2 for a second offense.

      4.  Before sentencing under the provisions of subsection 3, the court shall require the parole and probation officer to submit a presentencing report on the person convicted in accordance with the provisions of NRS 176.195. After the report is received but before sentence is pronounced the court shall do the following:

      (a) Interview the person convicted and make a determination as to the [rehabilitation potential of the individual; and] possibility of his rehabilitation; and

      (b) Conduct a hearing at which evidence may be presented as to the possibility of rehabilitation [potential] and any other relevant information received as to whether the person convicted of the offense shall be adjudged to have committed a felony or to have committed a gross misdemeanor.

      5.  Three years after the person has been convicted and sentenced under the provisions of subsection 3, the court may order sealed all records, papers and exhibits in such person’s record, minute book entries and entries on dockets, and other records relating to the case in the custody of such other agencies and officials as are named in the court’s order, if:

      (a) The person fulfilled all the terms and conditions imposed by the court and by the parole and probation officer; and

      (b) The court, after hearing, is satisfied that the rehabilitation has been attained.

      6.  Whenever any person who has not previously been convicted of any offense under the provisions of NRS 453.011 to 453.551, inclusive, or under any statute of the United States or of any state relating to narcotic drugs, marihuana or stimulant, depressant or hallucinogenic drugs pleads guilty to or is found guilty under this section of possession of a controlled substance [under this section,] not for the purpose of sale, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions.

      7.  Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him.


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

ê1977 Statutes of Nevada, Page 1415 (Chapter 567, SB 268)ê

 

of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him.

      8.  Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for a second or subsequent convictions under the provisions of NRS 453.011 to 453.551, inclusive.

      9.  There may be only one discharge and dismissal under this section with respect to any person.

      Sec. 13.  NRS 453.401 is hereby amended to read as follows:

      453.401  [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.]

      1.  Except as provided in subsection 3, if two or more persons conspire to commit any offense which is a felony under the Uniform Controlled Substances Act or conspire to defraud the State of Nevada or an agency of the state in connection with its enforcement of the Uniform Controlled Substances Act, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator shall:

      (a) For a first offense, be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years and may be further punished by a fine of not more than $5,000.

      (b) For a second offense, or if, in the case of a first conviction of violating this subsection, such a conspirator has previously been convicted of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or of any state, territory or district which if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, he shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years and may be further punished by a fine of not more than $10,000.

      (c) For a third or subsequent offense, or if such a conspirator has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or any state, territory or district which, if committed in this state, would amount to a felony under the Uniform Controlled Substances Act, he shall be punished by imprisonment in the state prison for not less than 5 years nor more than 20 years and may be further punished by a fine of not more than $20,000 for each offense.

      2.  Except as provided in subsection 3, if two or more persons conspire to commit an offense in violation of the Uniform Controlled Substances Act and the offense does not constitute a felony, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator shall be punished by imprisonment, or by imprisonment and fine, for not more than the maximum punishment provided for the offense which they conspired to commit.


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

ê1977 Statutes of Nevada, Page 1416 (Chapter 567, SB 268)ê

 

fine, for not more than the maximum punishment provided for the offense which they conspired to commit.

      3.  If two or more persons conspire to possess marihuana unlawfully, except for the purpose of sale, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator is guilty of a gross misdemeanor.

      4.  The court shall not grant probation to or suspend the sentence of any person convicted of violating this section and punishable pursuant to paragraph (b) or (c) of subsection 1.

      Sec. 14.  NRS 453.421 is hereby amended to read as follows:

      453.421  Any person who violates any provision of NRS 453.371 to [453.401,] 453.391, inclusive, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $2,000.

      Sec. 15.  NRS 199.480 is hereby amended to read as follows:

      199.480  1.  Whenever two or more persons conspire to commit murder, robbery, forcible rape, kidnaping in the first or second degree, or arson in the first or second degree, [every such] each person shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years.

      2.  Whenever two or more persons conspire:

      (a) To commit any crime other than those set forth in subsection 1 [;] , and no punishment is otherwise prescribed by law;

      (b) Falsely and maliciously to procure another to be arrested or proceeded against for a crime;

      (c) Falsely to institute or maintain any action or proceeding;

      (d) To cheat or defraud another out of any property by unlawful or fraudulent means;

      (e) To prevent another from exercising any lawful trade or calling, or from doing any other lawful act, by force, threats or intimidation, or by interfering or threatening to interfere with any tools, implements or property belonging to or used by another, or with the use or employment thereof;

      (f) To commit any act injurious to the public health, public morals, trade or commerce, or for the perversion or corruption of public justice or the due administration of the law; or

      (g) To accomplish any criminal or unlawful purpose, or to accomplish a purpose, not in itself criminal or unlawful, by criminal or unlawful means,

[every such] each person is guilty of a gross misdemeanor.

      Sec. 16.  NRS 205.380 is hereby amended to read as follows:

      205.380  Every person who [shall] knowingly and designedly [,] by any false pretense [or pretenses, obtain] obtains from any other person [or persons] any chose in action, money, goods, wares, chattels, effects or other valuable thing, with intent to cheat or defraud [any person or persons of the same,] the other person, is a cheat, and [on conviction shall be imprisoned in the state prison] , unless otherwise prescribed by law, shall be punished:

      1.  If the value of the thing so fraudulently obtained was $100 or more, by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment, and be sentenced to restore the property so fraudulently obtained, if it can be done.


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

ê1977 Statutes of Nevada, Page 1417 (Chapter 567, SB 268)ê

 

more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment, and be sentenced to restore the property so fraudulently obtained, if it can be done. [Should the value of any chose in action, money, goods, wares, chattels, effects, or other valuable thing so, as aforesaid, fraudulently obtained,]

      2.  If the value of the thing so fraudulently obtained did not exceed in value the sum of $100, every person so offending is a cheat [,] and is guilty of a misdemeanor, and shall be sentenced to restore the property so fraudulently obtained, if it can be done.

      Sec. 17.  Section 13 of this act shall become effective at 12:01 a.m. on July 1, 1977.

 

________

 

 

CHAPTER 568, AB 491

Assembly Bill No. 491–Committee on Judiciary

CHAPTER 568

AN ACT relating to gaming licensing and control; providing for changes in the procedure for obtaining judicial determination of the validity or construction of statutes and regulations; providing for judicial procedure to obtain documents from regulatory authorities; and providing other matters properly relating thereto.

 

[Approved May 16, 1977]

 

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

do enact as follows:

 

      Section 1.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.

      Sec. 2.  1.  The board or commission or any applicant, licensee, person found suitable, holding company, intermediary company or publicly traded corporation which is registered with the commission may obtain a judicial determination of any question of construction or validity arising under this chapter or any regulation of the commission by bringing an action for a declaratory judgment in the First Judicial District Court of the State of Nevada in and for Carson City, or in the district court of the district in which the plaintiff resides or does business, in accordance with the provisions of chapter 30 of NRS.

      2.  When an action is brought by a person other than the board or commission, the commission shall be made a party to the action and the attorney general shall be served with a copy of the complaint and is entitled to appear in the action.

      3.  Statutes and regulations reviewed pursuant to this section shall be construed in a manner consistent with the declared policy of the state.

      4.  The filing of a complaint for judicial determination under this section does not stay enforcement of any commission or board action. The board or commission may grant a stay upon appropriate terms.

      5.  In any proceeding brought under this section, the district court shall not grant any injunctive relief or relief based upon any other extraordinary common law writ to:

      (a) Any applicant for licensing, finding of suitability or registration; or


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

ê1977 Statutes of Nevada, Page 1418 (Chapter 568, AB 491)ê

 

      (b) Any person seeking judicial review of an action of the commission which is subject to the provisions of NRS 463.315.

      Sec. 3.  An applicant for licensing, registration, finding or suitability, work permit or any approval or consent required by this chapter shall make full and true disclosure of all information to the board, commission or other relevant governmental authority as necessary or appropriate in the public interest or as required in order to carry out the policies of this state relating to licensing and control of the gaming industry.

      Sec. 4.  An application to a court for an order requiring the board or the commission to release any information declared by law to be confidential shall be made only upon motion in writing on 10 days’ written notice to the board or commission, the attorney general and all persons who may be affected by the entry of such order. Copies of the motion and all papers filed in support of it shall be served with the notice by delivering a copy in person or by certified mail to the last-known address of the person to be served.

      Sec. 5.  NRS 463.145 is hereby amended to read as follows:

      463.145  1.  The commission shall, pursuant to NRS 463.150, adopt, amend and repeal regulations in accordance with the following procedures:

      (a) At least 30 days prior to the adoption, amendment or repeal of a regulation, notice of the proposed action shall be:

             (1) Published in such newspaper as the commission shall prescribe;

             (2) Mailed to every person who has filed a request therefor with the commission; and

             (3) When the commission deems advisable, mailed to any person whom the commission believes would be interested in the proposed action, and published in such additional form and manner as the commission may prescribe.

      (b) The notice of proposed adoption, amendment or repeal shall include:

            (1) A statement of the time, place and nature of the proceedings for adoption, amendment or repeal;

             (2) Reference to the authority under which the action is proposed; and

             (3) Either the express terms or an informative summary of the proposed action.

      (c) On the date and at the time and place designated in the notice, the commission shall afford any interested person or his duly authorized representative, or both, the opportunity to present statements, arguments, or contentions in writing, with or without opportunity to present the same orally. The commission shall consider all relevant matter presented to it before adopting, amending or repealing any regulation.

      (d) Any interested person may file a petition with the commission requesting the adoption, amendment or repeal of a regulation. Such petition shall state, clearly and concisely:

             (1) The substance or nature of the regulation, amendment or repeal requested;

             (2) The reasons for the request; and

             (3) Reference to the authority of the commission to take the action requested.


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

ê1977 Statutes of Nevada, Page 1419 (Chapter 568, AB 491)ê

 

      Upon receipt of the petition, the commission shall within 30 days deny the request in writing or schedule the matter for action pursuant to this subsection.

      (e) In emergencies, the commission may summarily adopt, amend or repeal any regulation if at the same time it files a finding that such action is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare, together with a statement of facts constituting the emergency.

      2.  In any hearing under this section, the commission or its duly authorized representative shall have authority to administer oaths or affirmations, and may continue or postpone such hearing from time to time and at such place as it prescribes.

      3.  The commission may request the advice and assistance of the gaming control board in carrying out the provisions of this section.

      [4.  The commission or any applicant or licensee may obtain a judicial determination of any question of construction or validity arising under this chapter or any regulation of the commission by bringing an action for a declaratory judgment in the First Judicial District Court of the State of Nevada, in and for Carson City, or in the district court of the district in which such person resides in accordance with the provisions of chapter 30 of NRS. Any question of construction or validity of this chapter or any regulation of the commission shall be deemed a justiciable controversy for the purposes of chapter 30 of NRS.]

 

________

 

 

CHAPTER 569, AB 375

Assembly Bill No. 375–Committee on Judiciary

CHAPTER 569

AN ACT relating to gaming licensing and control; providing for regulation of foreign gaming interests; providing for legislative representation on the gaming policy committee; and providing other matters properly relating thereto.

 

[Approved May 16, 1977]

 

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

do enact as follows:

 

      Section 1.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  For the purposes of sections 3 to 6, inclusive, of this act:

      1.  “Foreign gaming” means any gaming operations outside this state.

      2.  “Licensee” means a person who:

      (a) Is licensed or required to be licensed pursuant to NRS 463.160;

      (b) Is or is required to be licensed, registered or found suitable pursuant to NRS 463.482 to 463.641, inclusive; or

      (c) Directly or through one or more intermediaries controls, is controlled by or is under common control with a person described in paragraph (a) or (b).

      Sec. 3.  1.  Except as provided in subsection 2, no licensee may be involved in foreign gaming without the prior approval of the commission, acting upon a recommendation of the board.


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ê1977 Statutes of Nevada, Page 1420 (Chapter 569, AB 375)ê

 

acting upon a recommendation of the board. Any approval granted under this section is a privilege which may be revoked, suspended, conditioned, limited or restricted by the commission at any time.

      2.  Approval of the commission is not required if:

      (a) The licensee does not own more than 5 percent beneficial interest in any class of securities of a corporation incorporated under the laws of any state of the United States which is a publicly traded corporation as defined in NRS 463.487; and

      (b) The licensee is not able to significantly control or influence the corporation.

      3.  If it finds that approval is necessary to effectuate the purposes of this chapter, the commission may, by giving notice of its decision to the licensee, require that a licensee who is otherwise exempt under subsection 2 obtain approval as required by subsection 1.

      Sec. 4.  1.  A licensee seeking approval to participate in foreign gaming shall apply to the board in writing, under oath, supplying any information and supporting data pertaining to himself and to the foreign gaming operations which the board and commission require.

      2.  A licensee who applies for approval agrees by his application to conduct his foreign gaming operations in accordance with the standards of honesty and integrity required for gaming activities in this state.

      3.  The licensee shall submit data showing that the foreign gaming operations will be lawfully conducted in the foreign jurisdiction, and that the licensee’s involvement will pose no unreasonable threat to gaming control in Nevada.

      4.  The board may conduct investigations concerning the application and submit recommendations to the commission. The board may require the applicant to pay anticipated costs of an investigation in advance, and shall refund overpayments and charge and collect amounts to cover underpayments of actual costs after the completion of the investigation.

      Sec. 5.  1.  The board and commission shall consider without limitation the following factors in deliberating the granting or denial of approval to conduct foreign gaming operations:

      (a) The existence of a comprehensive, effective government regulatory system in the foreign jurisdiction.

      (b) Means, including agreements with foreign jurisdictions, for the commission and board to obtain adequate access to information pertaining to the gaming operations in which the licensee seeks to be involved, and pertaining to any associate of the licensee in the foreign gaming operations.

      (c) Assurance that the licensee and his associates in the foreign gaming operations will recognize and abide by the conditions and restrictions imposed upon approval of participation.

      (d) Assurance that the right of Nevada to collect license fees will be adequately protected through an effective accounting system designed to prevent the undetected employment of techniques to avoid payment.

      (e) Assurance that the relationship of the licensee with any associate will pose no unreasonable threat to the interest of the State of Nevada in regulating the gaming industry within the state.


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

ê1977 Statutes of Nevada, Page 1421 (Chapter 569, AB 375)ê

 

      (f) Other factors which are found to be relevant to the adequate protection of state-regulated gaming in Nevada.

      2.  The commission may impose conditions upon any approval of participation in foreign gaming operations, including without limitation:

      (a) The continuation of any factor listed in subsection 1 or any other factor considered relevant by the commission.

      (b) Requirements for internal accounting, administrative and managerial controls, including evidence of those controls to be filed with the commission or maintained in the principal office of the licensee in Nevada and made available to the board and commission or their agents for examination and copying as requested.

      (c) Requirements for reports found necessary by the board or commission.

      (d) Requirements for onsite audits to be conducted at the licensee’s expense by independent certified public accountants, or their equivalent, who are acceptable to the board and commission.

      (e) Requirements for disclosure and reporting of changes in beneficial ownership or control of any interest in a foreign gaming operation, including interests of the licensee and of others.

      (f) Requirements for onsite inspections at the expense of the licensee of foreign gaming operations by the board and commission or their representatives.

      Sec. 6.  A licensee who continues participation in foreign gaming operations after an order of the commission terminating approval engages in an unsuitable method of operation and may be disciplined by the commission.

      Sec. 7.  NRS 463.021 is hereby amended to read as follows:

      463.021  1.  The gaming policy committee, consisting of the governor as chairman and [one member of the commission, one member of the board, two members to represent the gaming industry, and two members to represent the general public, is hereby created. The commission member shall be designated by the commission, and the board member shall be designated by the board. The governor shall appoint the members to represent the general public, which members shall serve at his pleasure. The members to represent the gaming industry shall be appointed by the governor as follows:] eight members, is hereby created.

      2.  The committee shall consist of:

      (a) One member of the commission, designated by the commission;

      (b) One member of the board, designated by the board; and

      (c) Six members appointed by the governor as follows:

             (1) One member of the senate;

             (2) One member of the assembly;

             (3) Two representatives of the general public; and

             (4) Two representatives of gaming licensees.

      3.  Members who are representatives of the general public serve at the pleasure of the governor.

      4.  Members who are legislators serve terms beginning when the legislature convenes and continuing until the next regular session of the legislature is convened.

      5.  Members who are representatives of gaming licensees shall be appointed as follows:


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

ê1977 Statutes of Nevada, Page 1422 (Chapter 569, AB 375)ê

 

      (a) One member, who [shall be] is a resident of Clark or Lincoln counties, from among persons nominated by recognized gaming [industry] associations and groups located in [such] those counties; and

      (b) One member, residing elsewhere in the state, from among persons nominated by recognized gaming [industry] associations and groups located elsewhere in the state.

      [2.]  6.  The governor may, from time to time, call meetings of the gaming policy committee for exclusive purpose of discussing matters of gaming policy. The recommendations concerning gaming policy made by the committee shall be deemed advisory and not binding on the board or the commission in the performance of their duties and functions.

 

________

 

 

CHAPTER 570, AB 211

Assembly Bill No. 211–Committee on Judiciary

CHAPTER 570

AN ACT relating to gaming licensing and control; providing for capital leasing of gaming equipment; and providing other matters properly relating thereto.

 

[Approved May 16, 1977]

 

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

do enact as follows:

 

      Section 1.  Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      “Capital lease” means a bailment, lease or similar transaction in which:

      1.  The lease is in writing;

      2.  The writing includes the names and addresses of the lessor and lessee, the term, amount of rental payments, a specific list of the leased equipment and details of any rights which the lessee has to extend the term or to acquire the leased equipment during the term or at the expiration of the term including any renewals of the original term;

      3.  The lease serves as the functional equivalent of an extension of credit by the lessor to the lessee;

      4.  The leased equipment was acquired by the lessor specifically for a leasing transaction; and

      5.  The lessor is a national banking association which has its principal place of business in this state, a banking corporation formed under the laws of this state or a wholly owned subsidiary of such banking association or corporation which is formed under the laws of this state and has its principal place of business in this state.

      Sec. 2.  NRS 463.0101 is hereby amended to read as follows:

      463.0101  As used in this chapter, the words and terms defined in NRS 463.0102 to 463.0128, inclusive, and section 1 of this act have the meanings ascribed to them in such sections unless a different meaning clearly appears in the context.


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

ê1977 Statutes of Nevada, Page 1423 (Chapter 570, AB 211)ê

 

      Sec. 3.  NRS 463.160 is hereby amended to read as follows:

      463.160  1.  It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:

      (a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any game or slot machine as defined in this chapter, or to operate, carry on, conduct or maintain any horserace book or sports pool; [or]

      (b) To provide or maintain any information service the primary purpose of which is to aid the placing or making of wagers on events of any kind; or

      (c) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any game, slot machine, horserace book or sports pool,

without having first procured, and thereafter maintaining in full force and effect, all federal, state, county and municipal gaming licenses as required by statute or ordinance or by the governing board of any unincorporated city or town.

      2.  It is unlawful for any person to lend, let, lease or otherwise deliver or furnish any equipment of any gambling game, including any slot machine, for any interest or any percentage or share of the money or property played, under guise of any agreement whatever, without having first procured a state gaming license for the same.

      3.  It is unlawful for any person to lend, let, lease or otherwise deliver or furnish, except by a bona fide sale [,] or capital lease, any slot machine under guise of any agreement whatever whereby any consideration whatever is paid or is payable for the right to possess or use such slot machine, whether such consideration is measured by a percentage of the revenue derived from such machine or by a fixed fee or otherwise, without having first procured a state gaming license for the [same.] slot machine.

      4.  It is unlawful for any person to furnish services or property, real or personal, on a contract, lease or license basis, pursuant to which such person receives payments based on earnings or profits or otherwise from any gambling game, including any slot machine, without having first procured a state gaming license.

      5.  Any person who shall knowingly permit any gambling game, slot machine or device to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, except by a person who is licensed hereunder, or his employee, [shall be] is guilty of a gross misdemeanor.

      6.  Any licensee who puts additional games or slot machines into play or displays such games or slot machines in a public area without authority of the commission to do so is subject to the penalties provided in NRS 463.310.

      7.  The provisions of subsections 2, 3 and 4 do not apply to any person:

      (a) Whose payments are a fixed sum determined in advanced on a bona fide basis for the furnishing of services or property other than a slot machine.


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

ê1977 Statutes of Nevada, Page 1424 (Chapter 570, AB 211)ê

 

      (b) Who furnishes services or property under a bona fide rental agreement or security agreement for gaming equipment.

      (c) Which is a wholly owned subsidiary of:

             (1) A corporation holding a state gaming license; or

             (2) A holding company or intermediary company, or publicly traded corporation, which has registered pursuant to NRS 463.585 or 463.635 and which has fully complied with the laws applicable to it as such.

      (d) Who is licensed as a distributor and who rents or leases any equipment of any gambling game including any slot machine, under a bona fide agreement where the payments are a fixed sum determined in advance and not determined as a percentage of the revenue derived from the equipment or slot machine.

Receipts or rentals or charges for real property, personal property or services do not lose their character as payments of a fixed sum or as bona fide because of contract, lease or license provisions for adjustments in charges, rentals or fees on account of changes in taxes or assessments, cost-of-living index escalations, expansions or improvement of facilities, or changes in services supplied; and receipts of percentage rentals or percentage charges between a corporate licensee and the entities enumerated in paragraph (c) are permitted under this subsection.

      8.  The commission may determine the suitability, or may require the licensing, of any person who furnishes services or property to a state gaming licensee under any arrangement pursuant to which such person receives payments based on earnings, profits or receipts from gaming. The commission may require any such person to comply with the requirements of this chapter and with the regulations of the commission. If the commission determines that any such person is unsuitable, it may require such arrangement to be terminated.

      9.  If the premises of a licensed gaming establishment are directly or indirectly owned or under the control of the licensee therein, or of any person controlling, controlled by, or under common control with such licensee, the commission may, upon recommendation of the board, require the licensee to present the application of any business or person doing business on the premises for a determination of suitability to be associated with a gaming enterprise in accordance with the procedures set forth in this chapter. If the commission determines that such business or person is unsuitable to be associated with a gaming enterprise, such association shall be terminated. Any agreement which entitles a business other than gaming to be conducted on such premises is subject to termination upon a finding of unsuitability of the business or of any person associated therewith. Every such agreement shall be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the commission that the business or any person associated therewith is unsuitable to be associated with a gaming enterprise. Failure expressly to include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement. If the application is not presented to the board within 30 days following demand or the unsuitable association is not terminated, the commission may pursue any remedy or combination of remedies provided in this chapter.


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

ê1977 Statutes of Nevada, Page 1425 (Chapter 570, AB 211)ê

 

terminated, the commission may pursue any remedy or combination of remedies provided in this chapter.

      Sec. 4.  NRS 463.650 is hereby amended to read as follows:

      463.650  1.  [It] Except as provided in subsection 2, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain in the State of Nevada any form of manufacture, selling or distribution of any device, equipment, material or machine used in gambling, except pinball machines, without having first procured a license for such manufacture, selling or distribution as provided in [NRS 463.650 and] this section and NRS 463.660.

      2.  A lessor who specifically acquires equipment for a capital lease transaction is not required to be licensed under this section or NRS 463.660. Any person whom the commission determines to be a suitable person to receive a license under the provisions of [NRS 463.650 and] this section and NRS 463.660, having due consideration for the proper protection of the public health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada, may be issued a manufacturer’s or distributor’s license. The burden of proving his qualification to receive or hold any license under [NRS 463.650 and] this section and NRS 463.660 shall be at all times on the applicant or licensee.

 

________

 

 

CHAPTER 571, AB 355

Assembly Bill No. 355–Committee on Judiciary

CHAPTER 571

AN ACT relating to gaming licensing and control; providing for administrative changes in licensing statutes; and providing other matters properly relating thereto.

 

[Approved May 16, 1977]

 

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

do enact as follows:

 

      Section 1.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  The attorney general, at the direction of the commission, may institute a civil action in any district court of this state against any person subject to this chapter, chapter 464 or chapter 465 of NRS to restrain a violation of this chapter, chapter 464 or chapter 465 of NRS.

      2.  The district court shall give priority over other civil actions to an action brought pursuant to this section.

      3.  An action brought against a person pursuant to this section does not preclude a criminal action or administrative proceeding against that person.

      Sec. 3.  1.  Except for persons associated with licensed corporations and required to be licensed by NRS 463.530, each employee, agent, guardian, personal representative, lender or holder of indebtedness of a gaming licensee who, in the opinion of the commission, has the power to exercise a significant influence over the licensee’s operation of a gaming establishment may be required to apply for a license.


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

ê1977 Statutes of Nevada, Page 1426 (Chapter 571, AB 355)ê

 

to exercise a significant influence over the licensee’s operation of a gaming establishment may be required to apply for a license.

      2.  A person required to be licensed pursuant to subsection 1 shall apply for a license within 30 days after the commission requests that he do so.

      3.  If an employee required to be licensed under subsection 1:

      (a) Does not apply for a license within 30 days after being requested to do so by the commission, and the commission makes a finding of unsuitability for such reason;

      (b) Is denied a licensed because of a lack of good character, honesty or integrity; or

      (c) Has his licensed revoked by the commission,

the gaming licensee by whom he is employed shall terminate his employment upon notification by registered or certified mail to the licensee of such action.

      4.  A gaming licensee shall not pay to a person who has been terminated pursuant to subsection 3 of this section any remuneration for any service except for amounts due for services rendered before the date of receipt of notice of such action by the commission. Any contract or agreement for personal services or for the conduct of any activity at the licensed gaming establishment between a gaming licensee and a person terminated pursuant to subsection 3 is subject to termination. Every such agreement shall be deemed to include a provision for its termination without liability on the part of the licensee or registered holding company upon a finding by the commission that the person is unsuitable to be associated with a gaming enterprise. Failure expressly to include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.

      5.  A gaming licensee shall not enter into any contract or agreement, except a bona fide entertainment contract, with a person who is found unsuitable or who is denied a license because of lack of good character, honesty or integrity or whose license is revoked by the commission or with any business enterprise under the control of that person after the date of receipt of notice of such action by the commission.

      6.  A gaming licensee shall not employ, except as a bona fide entertainer, any person who is found unsuitable, who has been denied a license because of a lack of good character, honesty or integrity or whose license is revoked by the commission after the date or receipt of notice of such action by the commission, without prior approval of the commission.

      Sec. 4.  1.  Each person who acquires, directly or indirectly, beneficial ownership of any voting security in a publicly traded corporation which is registered with the commission may be required to be found suitable if the commission has reason to believe that his acquisition of such ownership would otherwise be inconsistent with the declared policy of this state.

      2.  Each person who, individually or in association with others, acquires, directly or indirectly, beneficial ownership of more than 5 percent of any class of voting securities of a publicly traded corporation registered with the commission, and who is required to report such acquisition to the Securities Exchange Commission pursuant to section 13(d)(1) or section 16(a) of the Securities Exchange Act of 1934, as amended (15 U.S.C.


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

ê1977 Statutes of Nevada, Page 1427 (Chapter 571, AB 355)ê

 

section 16(a) of the Securities Exchange Act of 1934, as amended (15 U.S.C. §§ 78m(d)(1) and 78p(a) respectively), shall file a copy of that report, and any amendments thereto, with the commission within 10 days after filing that report with the Securities Exchange Commission.

      3.  Each person who, individually or in association with others, acquires, directly or indirectly, the beneficial ownership of more than 10 percent of any class of voting securities of a publicly traded corporation registered with the commission, and who is required to report the acquisition pursuant to section 13(d)(1) or section 16(a) of the federal Securities Exchange Act of 1934, as amended (15 U.S.C. §§ 78m(d)(1) and 78p(a) respectively), must be found suitable by the commission.

      4.  Any person required by the commission or by this section to be found suitable shall:

      (a) Apply for a finding of suitability within 30 days after the commission requests that he do so; and

      (b) Together with the application, deposit with the board a sum of money which, in the opinion of the board, will be adequate to pay the anticipated costs and charges incurred in the investigation and processing of the application, and deposit such additional sums as are required by the board to pay final costs and charges.

      5.  Any person required by the commission or this section to be found suitable who is found unsuitable by the commission shall not hold directly or indirectly the beneficial ownership of any voting security of a publicly traded corporation which is registered with the commission beyond that period of time prescribed by the commission.

      6.  The violation of subsection 4 or 5 is a gross misdemeanor.

      Sec. 5.  If any person who is required by or pursuant to this chapter to be licensed or found suitable because of his connection with a corporate licensee, holding company or intermediary company, including a publicly traded corporation, fails to apply for a license or a finding of suitability after being requested to do so by the commission or is denied a license or a finding of suitability because of a lack of good character, honesty or integrity, or if his license or finding of suitability is revoked, the corporate licensee, holding company or intermediary company shall not, after receipt of written notice from the commission:

      1.  Pay him any remuneration for any service relating to the activities of a corporate licensee, except for amounts due for services rendered before the date of receipt of notice of such action by the commission. Any contract or agreement for personal services or the conduct of any activity at a licensed gaming establishment, except a bona fide entertainment contract, between a former employee whose employment was terminated because of failure to apply for a license or a finding of suitability, denial of a license or finding of suitability because of a lack of good character, honesty or integrity, or revocation of a license or a finding of suitability, or any business enterprise under the control of that employee and the corporate licensee, holding or intermediary company or registered publicly traded corporation is subject to termination. Every such agreement shall be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the commission that the business or any person associated therewith is unsuitable to be associated with a gaming enterprise.


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

ê1977 Statutes of Nevada, Page 1428 (Chapter 571, AB 355)ê

 

business or any person associated therewith is unsuitable to be associated with a gaming enterprise. Failure expressly to include such a condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.

      2.  Enter into any contract or agreement with him or with a business organization under his control which involves the operations of a corporate licensee, except a bona fide entertainment contract.

      3.  Employ him, except as a bona fide entertainer, in any position involving the activities of a corporate licensee, without prior approval of the commission.

      Sec. 6.  NRS 463.090 is hereby amended to read as follows:

      463.090  1.  The attorney general and his duly appointed assistants and deputies [shall be] are the legal advisers for the commission and the board and shall represent the commission and the board in any proceeding to which either is a party.

      2.  [The] A deputy attorney general assigned as [the] a legal adviser for the commission and the board shall receive an annual salary in the amount specified in NRS 284.182.

      Sec. 7.  NRS 463.110 is hereby amended to read as follows:

      463.110  1.  Regular and special meetings of the board may be held, at the discretion of the board, at such times and places as it may deem convenient, but at least one regular meeting shall be held in Carson City, Nevada, each month.

      2.  Public notice of the time and place of special meetings shall be given at least 7 days prior to [such] each meeting.

      3.  All meetings of the board shall be open to the public except for investigative hearings which may be conducted in private at the discretion of the board or hearing examiner.

      4.  A majority of the members shall constitute a quorum of the board, and a majority of members present at any meeting shall determine the action of the board.

      5.  Investigative hearings may be conducted by one or more board members with the concurrence of a majority of the board, or by a hearing examiner appointed by the board, without notice, at such times and places, within or without the State of Nevada, as may be convenient.

      Sec. 8.  NRS 463.130 is hereby amended to read as follows:

      463.130  [1.  It is hereby declared to be the policy of this state that all establishments where gambling games are conducted or operated or where gambling devices are operated and manufacturers, sellers and distributors of certain gambling devices and equipment in the State of Nevada shall be licensed and controlled so as to protect the public health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada, and to preserve the competitive economy and the policies of free competition of the State of Nevada.

      2.  Any license issued pursuant to this chapter shall be deemed to be a revocable privilege and no holder thereof shall be deemed to have acquired any vested rights therein or thereunder.]

      1.  The legislature hereby finds, and declares to be the public policy of this state, that:


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

ê1977 Statutes of Nevada, Page 1429 (Chapter 571, AB 355)ê

 

      (a) The gaming industry is vitally important to the economy of the state and the general welfare of the inhabitants.

      (b) The continued growth and success of the gaming industry is dependent upon public confidence and trust that licensed gaming is conducted honestly and competitively and that the gaming industry is free from criminal and corruptive elements.

      (c) Public confidence and trust can only be maintained by strict regulation of all persons, locations, practices, associations and activities related to the operation of licensed gaming establishments and the manufacture or distribution of gambling devices and equipment.

      (d) All establishments where gaming is conducted and where gambling devices are operated, and manufacturers, sellers and distributors of certain gambling devices and equipment in the state shall therefore be licensed, controlled and assisted to protect the public health, safety, morals, good order and general welfare of the inhabitants of the state and to preserve the competitive economy and policies of free competition of the State of Nevada.

      2.  No applicant for a license or other affirmative commission approval has any right to a license or the granting of the approval sought. Any license issued or other commission approval granted pursuant to the provisions of this chapter or chapter 464 of NRS is a revocable privilege, and no holder acquires any vested right therein or thereunder.

      Sec. 9.  NRS 463.140 is hereby amended to read as follows:

      463.140  1.  The provisions of this chapter with respect to state gaming licenses and manufacturer’s, seller’s and distributor’s licenses shall be administered by the state gaming control board and the Nevada gaming commission, which [are hereby charged with administering the same] shall administer them for the protection of the public and in the public interest in accordance with the policy of this state.

      2.  The board shall investigate the qualifications of each applicant under this chapter before any license is issued or any registration, finding of suitability or approval of acts or transactions for which commission approval is required or permitted is granted, and shall continue to observe the conduct of all licensees and other persons having a material involvement directly or indirectly with a licensed gaming operation or registered holding company to the end that licenses shall not be issued to nor held by nor shall there be any material involvement directly or indirectly with a licensed gaming operation or registered holding company by unqualified or disqualified persons, [or] unsuitable persons or persons whose operations are conducted in an unsuitable manner or in unsuitable or prohibited places or locations. The board [shall have] has full and absolute power and authority to recommend the denial of any application, [or] the limitation, conditioning or restriction of any license, registration, finding or suitability or approval, [or] the suspension or revocation of any license, registration, finding of suitability or approval or the imposition of a fine upon any person licensed, registered, found suitable or approved [,] for any cause deemed reasonable by the board. The commission [shall have] has full and absolute power and authority to deny any application or [to] limit, condition, restrict, revoke or suspend any license, registration, finding of suitability or approval, or [to] fine any person licensed, registered, found suitable or approved [,] for any cause deemed reasonable by the commission.


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

ê1977 Statutes of Nevada, Page 1430 (Chapter 571, AB 355)ê

 

any license, registration, finding of suitability or approval, or [to] fine any person licensed, registered, found suitable or approved [,] for any cause deemed reasonable by the commission.

      3.  The board and the commission and their agents [, inspectors and employees have the authority:] may:

      (a) [To inspect] Inspect and examine all premises wherein gaming is conducted or gambling devices or equipment are manufactured, sold or distributed.

      (b) [To inspect] Inspect all equipment and supplies in, upon or about such premises.

      (c) Summarily [to] seize and remove from such premises and impound any [such] equipment or supplies for the purpose of examination and inspection.

      (d) [To demand] Demand access to and inspect, examine and audit all papers, books and records of applicants and licensees respecting the gross income produced by any gaming business, and require verification of income, and all other matters affecting the enforcement of the policy of or any of the provisions of this chapter.

      4.  For the purpose of the administration and enforcement of chapters 463, 464 and 465 of NRS, and of chapter 205 of NRS so far as it involves crimes against the property of gaming licensees, the board, the commission and the executive, supervisory and investigative personnel of both the board and the commission [shall be invested with] have the powers of a peace officer of the State of Nevada. The provisions of this subsection [shall not constitute such individuals as] do not constitute these persons police officers for the purposes of NRS 286.510.

      5.  The board and the commission or any member thereof shall each have full power and authority to issue subpenas and compel the attendance of witnesses at any place within this state, to administer oaths and to require testimony under oath. Any process or notice may be served in the manner provided for service of process and notices in civil actions. The board or the commission may pay such transportation and other expenses of witnesses as it may deem reasonable and proper. Any person making false oath in any matter before either the board or commission [shall be] is guilty of perjury. The board and commission or any member thereof may appoint hearing examiners who [shall have full power and authority to] may administer oaths and receive evidence and testimony under oath.

      Sec. 10.  NRS 463.151 is hereby amended to read as follows:

      463.151  1.  The commission may by regulation provide for the establishment of a list of persons who are to be excluded or ejected from any [licensed gaming] establishment [.] which is licensed to operate any gambling game or conduct pari-mutuel wagering. This list may include any person:

      (a) Who is of notorious or unsavory reputation;

      (b) Who has been convicted of a crime which is a felony in the State of Nevada or under the laws of the United States, [or] a crime involving moral turpitude [; or] or a violation of a provision of this chapter; or


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

ê1977 Statutes of Nevada, Page 1431 (Chapter 571, AB 355)ê

 

      (c) Whose presence in a licensed gaming establishment would, in the opinion of the board [or] and commission, be inimical to the interests of the State of Nevada, or of licensed gambling, or both.

      2.  Race, color, creed, national origin or ancestry, or sex shall not be grounds for placing the name of a person upon [such] the list.

      [3.  Any list compiled by the board or commission of persons to be excluded or ejected shall not be deemed an all-inclusive list, and licensed gaming establishments have a duty to keep from their premises persons known to them to be inimical to the interest of the State of Nevada, or of licensed gambling, or both.]

      Sec. 11.  NRS 463.154 is hereby amended to read as follows:

      463.154  The commission may revoke, limit, condition, suspend or fine [the licensed gaming establishment or] an individual licensee [,] or an establishment licensed to conduct any gambling game or pari-mutuel wagering, in accordance with the laws of the State of Nevada and the regulations of the commission, if [such licensed gaming] that establishment or any individual licensee affiliated therewith fails to exclude or eject from the premises of [any] the licensed [gaming] establishment any person placed on the list of persons to be excluded or ejected.

      Sec. 12.  NRS 463.155 is hereby amended to read as follows:

      463.155  Any person who has been placed on the list of persons to be excluded or ejected from any licensed gaming establishment pursuant to NRS 463.151 is guilty of a gross misdemeanor if he thereafter enters the premises of [a licensed gaming] an establishment which is licensed to operate any gambling game or to conduct pari-mutuel wagering without first having obtained a determination by the commission that he should not have been placed on the list of persons to be excluded or ejected.

      Sec. 13.  NRS 463.170 is hereby amended to read as follows:

      463.170  1.  Any person who the commission [shall determine is a suitable person] determines is qualified to receive a license or be found suitable under the provisions of this chapter, having due consideration for the proper protection of the [public] health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada [,] and the declared policy of this state, may be issued a state gaming license [.] or found suitable. The burden of proving his qualification to receive [or hold] any license [hereunder shall be at all times] or be found suitable is on the applicant. [or licensee.]

      2.  An application to receive a license or be found suitable shall not be granted unless the commission is satisfied that the applicant is:

      (a) A person of good character, honesty and integrity;

activities in the conduct of gaming or the carrying on of the business and

      (b) A person whose prior activities, criminal record, if any, reputation, habits and associations do not pose a threat to the public interest of this state or to the effective regulation and control of gaming, or create or enhance the dangers of unsuitable, unfair or illegal practices, methods and financial arrangements incidental thereto; and

      (c) In all other respects qualified to be licensed or found suitable consistently with the declared policy of the state.


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ê1977 Statutes of Nevada, Page 1432 (Chapter 571, AB 355)ê

 

      3.  A license to operate a gaming establishment shall not be granted unless the applicant has satisfied the commission that:

      (a) He has adequate business probity, competence and experience, in gaming or generally; and

      (b) The proposed financing of the entire operation is:

             (1) Adequate for the nature of the proposed operation; and

             (2) From a suitable source.

Any lender or other source of money or credit which the commission finds does not meet the standards set forth in subsection 2 may be deemed unsuitable.

      4.  An application to receive a license or be found suitable constitutes a request for a determination of the applicant’s general character, integrity, and ability to participate or engage in, or be associated with gaming. Any written or oral statement made in the course of an official proceeding of the board or commission by any member thereof or any witness testifying under oath which is relevant to the purpose of the proceeding is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.

      [2.]  5.  The commission may in its discretion grant a license to a corporation which has complied with the provisions of NRS 463.490 to 463.530, inclusive.

      [3.]  6.  No limited partnership, business trust or organization or other association of a quasi-corporate character shall be eligible to receive or hold any license under this chapter unless all persons having any direct or indirect interest therein of any nature whatsoever, whether financial, administrative, policymaking or supervisory, are individually qualified to be licensed under the provisions of this chapter.

      [4.]  7.  The commission may, by regulation, limit the number of persons who may be financially interested and the nature of [such] their interest in any corporation or other organization or association licensed under this chapter, and establish such other qualifications for licenses as they may, in their [uncontrolled] discretion, deem to be in the public interest [.] and consistent with the declared policy of the state.

      Sec. 14.  NRS 463.310 is hereby amended to read as follows:

      463.310  1.  The board shall make [such] appropriate investigations:

      (a) To determine whether there has been any violation of this chapter, chapter 464 or chapter 465 of NRS or any regulations adopted thereunder.

      (b) To determine any facts, conditions, practices or matters which it may deem necessary or proper to aid in the enforcement of any such law or rules and regulations.

      (c) To aid in adopting regulations.

      (d) To secure information as a basis for recommending legislation relating to this chapter, chapter 464 or chapter 465 of NRS.

      (e) As directed by the commission.

      2.  If, after any investigation the board is satisfied that a license, registration, finding of suitability, pari-mutuel license or prior approval by the commission of any transaction for which such approval was required or permitted under the provisions of this chapter or chapter 464 of NRS should be limited, conditioned, suspended or revoked, it shall initiate a hearing before the commission by filing a complaint with the commission in accordance with NRS 463.312 and transmit therewith a summary of evidence in its possession bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the board.


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ê1977 Statutes of Nevada, Page 1433 (Chapter 571, AB 355)ê

 

initiate a hearing before the commission by filing a complaint with the commission in accordance with NRS 463.312 and transmit therewith a summary of evidence in its possession bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the board.

      3.  Upon receipt of the complaint of the board, the commission shall review [the same] it and all matter presented in support thereof, and, if satisfied that probable grounds exist for disciplinary or other action, shall conduct further proceedings in accordance with NRS 463.312. If the commission is not satisfied that probable grounds exist for disciplinary or other action, it may order the complaint withdrawn without prejudice to the filing of another complaint after further investigation and reconsideration by the board.

      4.  After the provisions of subsections 1, 2 and 3 above have been complied with, the commission [shall have full and absolute power and authority to:] may:

      (a) Limit, condition, suspend or revoke the license of any licensed gaming establishment or the individual license of any licensee without affecting the license of the establishment;

      (b) Limit, condition, suspend or revoke any registration, finding of suitability, pari-mutuel license, or prior approval given or granted to any applicant by the commission;

      (c) Order a licensed gaming establishment to keep an individual licensee from the premises of such licensed gaming establishment or not to pay such licensee any remuneration for services or any profits, income or accruals on his investment in such licensed gaming establishment; and

      (d) [Fine a licensed gaming establishment in an amount not to exceed $100,000 for the first violation by such establishment, or any individual licensee in an amount not to exceed $50,000 for the first violation by such individual; and

      (e)] Fine the licensee, registrant, person or entity previously found suitable, pari-mutuel licensee, or person or entity who previously obtained approval for any act or transaction for which commission approval was required or permitted under the provisions of this chapter or chapter 464 of NRS, [in an amount not to exceed] not more than $100,000 for the first violation [by any entity other than an individual or in an amount not to exceed $50,000 for the first violation by any individual, and the commission may impose fines in any amount which it deems appropriate] and not more than $250,000 for each subsequent [violations,

for any cause deemed reasonable by the commission.] violation of the provisions of this chapter, chapter 464 or chapter 465 of NRS or of the regulations of the commission.

All fines shall be paid to the state treasurer for deposit in the general fund.

      5.  For the second violation of any provisions of chapter 465 of NRS by any licensed gaming establishment or individual licensee, the commission shall revoke the license of such establishment or [individual.] person.

      6.  If the commission limits, conditions, suspends or revokes any license or imposes a fine, or limits, conditions, suspends or revokes any registration, finding of suitability, pari-mutuel license or prior approval, it shall issue its written order therefor after causing to be prepared and filed its written decision upon which such order is based.


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ê1977 Statutes of Nevada, Page 1434 (Chapter 571, AB 355)ê

 

it shall issue its written order therefor after causing to be prepared and filed its written decision upon which such order is based.

      7.  Any such limitation, condition, revocation, suspension or fine so made [shall be and remain] is effective until reversed [or modified] upon judicial review, except that the commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.

      8.  Judicial review of any such order or decision of the commission may be had in accordance with NRS 463.315.

      Sec. 15.  NRS 463.331 is hereby amended to read as follows:

      463.331  1.  An investigative [revolving] fund is hereby created as a special revenue fund for the purposes of paying all expenses incurred by the board and the commission for investigation of an [applicants suitability for receiving] application for a license, finding of suitability or approval under the provisions of this chapter. [Funding] The special revenue of the investigative [revolving] fund shall be [made from moneys] money received by the state from the respective applicants. [seeking a license.] The amount to be paid by each applicant [shall be] is the amount determined by the board in each [individual] case.

      2.  Expenses may be advanced from the investigative [revolving] fund by the chairman, and expenditures from [such] the fund may be made without regard to NRS 281.160. [or any act amendatory thereof or supplemental thereto.] Any moneys received from the in excess of the costs and charges incurred in the investigation [and] or the processing of [the applicant’s] the application shall be refunded [to the applicant] pursuant to regulations adopted by the board and the commission. At the conclusion of the investigation, the board shall give to the applicant a written accounting of the costs and charges so incurred.

      3.  Expenditures from the investigative [revolving] fund shall not be included in the computation of the limit imposed by subsection 1 of NRS 463.330.

      4.  [At the end of each fiscal year all moneys in excess of $2,000 shall be deposited in the general fund in the state treasury.] Within 3 months after the end of a fiscal year, the amount of the fund balance in excess of $2,000 shall be deposited in the state general fund.

      Sec. 16.  NRS 463.335 is hereby amended to read as follows:

      463.335  1.  As used in this section:

      (a) “Gaming employee” means any person connected directly with the operation of a nonrestricted establishment, and includes without limitation:

             (1) Boxmen;

             (2) Cashiers;

             (3) Dealers;

             (4) Floormen;

             (5) Hosts or other persons empowered to extend credit or complimentary services;

             (6) Keno runners;

             (7) Keno writers;

             (8) Machine mechanics;

             (9) Security personnel;


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ê1977 Statutes of Nevada, Page 1435 (Chapter 571, AB 355)ê

 

             (10) Shift or pit bosses;

             (11) Shills; and

             (12) Supervisors or managers.

“Gaming employee” does not include bartenders, cocktail waitresses or other persons engaged in preparing or serving food or beverages.

      (b) “Nonrestricted establishment” means any establishment except one in which slot machines only are operated incidentally to some other primary business of the licensee.

      (c) “Temporary work permit” means a work permit which is valid only for a period not to exceed 30 days from its date of issue and is not renewable.

      (d) “Work permit” means any card, certificate or permit issued by the board or by a county or city licensing authority, whether denominated as a work permit, registration card or otherwise, authorizing the employment of the holder as a gaming employee. A document issued by any authority for any employment other than gaming is not a valid work permit for the purposes of this chapter.

      2.  The legislature finds that, to protect and promote the [public] health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.130, it is necessary that the board:

      (a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees in the State of Nevada; and

      (b) Maintain confidential records of such information.

      3.  No person may be employed as a gaming employee unless he is the holder of:

      (a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are performed [; or] and the provisions of this chapter; or

      (b) If no work permit is required by either [such] the county or [such] the city, a work permit issued by the board.

A work permit issued to a gaming employee must have clearly imprinted thereon a statement that it is valid for gaming purposes only.

      4.  Whenever any person applies for the issuance or renewal of a work permit, the county or city officer or employee to whom [such] the application is made shall within 24 hours mail or deliver a copy thereof to the board, and may at the discretion of the county or city licensing authority issue a temporary work permit. If within 30 days after receipt by the board of the copy of the application, the board has not notified the county or city licensing authority of any objection, [such] the authority may in its discretion issue, renew or deny a work permit to the applicant. Any holder of a work permit must obtain renewal of the permit from the issuing agency within 10 days following any change of place of employment.

      5.  If the board within the 30-day period notifies the county or city licensing authority that the board objects to the granting of a work permit to the applicant, [such] the authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued.


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ê1977 Statutes of Nevada, Page 1436 (Chapter 571, AB 355)ê

 

      6.  Application for a work permit, valid wherever a work permit is not required by any county or city licensing authority, may be made to the board, and my be granted or denied for any cause deemed reasonable by the board.

      7.  Any person whose application for a work permit has been denied because of an objection by the board or whose application [for a work permit] has been denied by the board may apply to the board for a hearing. At [such] the hearing, the board or any designated member of the board or an examiner appointed by the board shall take any testimony deemed necessary. After [such] the hearing the board shall review the testimony taken and any other evidence, [in its files,] and shall within 30 days from the date of the hearing announce its decision sustaining or reversing the denial of the work permit or the objection to issuance of a work permit. [Such decision may be made upon any ground deemed reasonable by the board, and shall be conclusive unless reversed as provided in subsection 8.] The board may object to issuance of a work permit or may refuse to issue a work permit for any cause deemed reasonable by the board. The board may object or refuse if the applicant has:

      (a) Failed to disclose, misstated or otherwise attempted to mislead the board with respect to any material fact contained in the application for the issuance or renewal of a work permit;

      (b) Knowingly failed to comply with the provisions of chapters 463, 464 or 465 of NRS or the regulations of the Nevada gaming commission at a place of previous employment;

      (c) Committed, attempted or conspired to commit any crime of moral turpitude, embezzlement or larceny against his employer or any gaming licensee, or any violation of any law pertaining to gaming, or any other crime which is inimical to the declared policy of this state concerning gaming;

      (d) Been identified in the published reports of any federal or state legislative or executive body as being a member or associate of organized crime, or as being of notorious and unsavory reputation;

      (e) Been placed and remains in the constructive custody of any federal, state or municipal law enforcement authority; or

      (f) Had a work permit revoked or committed any act which is a ground for the revocation of a work permit or would have been a ground for revoking his work permit if he had then held a work permit.

      8.  Any applicant aggrieved by the decision of the board may, within 15 days after the announcement of the decision, apply in writing to the commission for review of the decision. [Such review] Review shall be limited to the record [, any testimony submitted and the files in the case.] of the proceedings before the board. The commission may sustain or reverse the board’s decision. The decision of the commission shall be subject to judicial review pursuant to NRS 463.315.

      9.  All records acquired or compiled by the board or commission relating to any application made pursuant to this section [are confidential and no part thereof may be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. All] and all lists of persons to whom work permits have been issued or denied and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and shall not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency.


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ê1977 Statutes of Nevada, Page 1437 (Chapter 571, AB 355)ê

 

the proper administration of this chapter or to an authorized law enforcement agency.

      10.  A work permit expires unless renewed within 10 days after a change of place of employment or if the holder thereof is not employed as a gaming employee within the jurisdiction of the issuing authority for a period of more than 90 days.

      Sec. 17.  NRS 463.337 is hereby amended to read as follows:

      463.337  1.  If any gaming employee as defined in NRS 463.335 is convicted of a violation of NRS 465.070 to 465.085, inclusive, or if in investigating an alleged violation of this chapter by any licensee the commission finds that a gaming employee employed by [such] the licensee has been guilty of cheating, the commission shall after a hearing as provided in NRS 463.310 and 463.312:

      (a) If [such] the gaming employee holds a work permit issued by the board, revoke [such work permit.] it.

      (b) If [such] the gaming employee holds a work permit issued by a county or city licensing authority, notify such authority to revoke [such permit,] it, and the county or city licensing authority shall revoke [such permit.] it.

      2.  The commission may revoke a work permit issued by the board or, if issued by a county or city licensing authority, notify [such] the authority to revoke [such permit,] it, if the commission finds after a hearing as provided in NRS 463.310 and 463.312 that the gaming employee has failed to disclose, misstated or otherwise misled the board in respect to any fact contained within any application for a work permit or, subsequent to being issued [such] a work permit:

      (a) Committed, attempted or conspired to do any of the acts prohibited by NRS 465.070 to 465.085, inclusive;

      (b) Knowingly possessed or permitted to remain in or upon any licensed premises any cards, dice, mechanical device or any other cheating device whatever, the use of which is prohibited by statute or ordinance;

      (c) Concealed or refused to disclose any material fact in any investigation by the board;

      (d) Committed, attempted or conspired to commit larceny or embezzlement against a gaming licensee [;] or upon the premises of a licensed gaming establishment;

      (e) Been convicted in any jurisdiction other than Nevada of any offense involving or relating to gambling [.] ;

      (f) Accepted employment without prior commission approval in a position for which he could be required to be licensed under this chapter after having been denied a license for a reason involving personal unsuitability or after failing to apply for licensing when requested to do so by the commission;

      (g) Been refused the issuance of any license, permit or approval to engage in or be involved with gaming or pari-mutuel wagering in any jurisdiction other than Nevada, or had any such license, permit or approval revoked or suspended;

      (h) Been prohibited under color of governmental authority from being present upon the premises of any gaming establishment or any establishment where pari-mutuel wagering is conducted for any reason relating to improper gambling activities or any illegal act; or


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ê1977 Statutes of Nevada, Page 1438 (Chapter 571, AB 355)ê

 

      (i) Contumaciously defied any legislative investigative committee or other officially constituted bodies acting on behalf of the United States or any state, county or municipality which seeks to investigate crimes relating to gaming, corruption of public officials, or any organized criminal activities.

      3.  A work permit shall not be issued by any authority in this state to a person whose work permit has previously been revoked pursuant to this section [.] , or to whom the issuance or renewal of a work permit has been denied, except with the unanimous approval of the commission members.

      4.  A gaming employee whose work card has been revoked pursuant to this section is entitled to judicial review of the commission’s action in the manner prescribed by NRS 463.315.

      5.  Nothing in this section limits or prohibits the enforcement of sections 3 and 4 of this act or of NRS 463.560 463.595 or 463.637.

      Sec. 18.  NRS 463.405 is hereby amended to read as follows:

      463.405  1.  Every person subject to the tax imposed by NRS 463.401 shall keep accurate and detailed records of all receipts from admission, merchandise, refreshment or service for a period of not less than [3] 5 years from the date of sale.

      2.  All records required to be maintained by subsection 1 shall be made available at all reasonable times to the commission for the purpose of audit and investigation.

      Sec. 19.  NRS 463.482 is hereby amended to read as follows:

      463.482  As used in NRS 463.160 and 463.482 to 463.641, inclusive, and sections 4 and 5 of this act, the words and terms defined in NRS 463.483 to 463.488, inclusive, have the meanings ascribed to them in [NRS 463.483 to 463.488, inclusive,] those sections, unless the context otherwise requires.

      Sec. 20.  NRS 463.530 is hereby amended to read as follows:

      463.530  All officers and directors of the corporation which holds or applies for a state gaming license must be licensed individually, according to the provisions of this chapter, and if, in the judgment of the commission, the public interest will be served by requiring any or all of the corporation’s individual stockholders, lenders, holders of evidence of indebtedness, underwriters, key executives, agents or employees to be licensed, the corporation shall require such persons to apply for a license in accordance with the laws and requirements in effect at the time the commission requires such licensing. A person who is required to be licensed by this section shall apply for a license within 30 days after he becomes an officer or director. A person who is required to be licensed pursuant to a decision of the commission shall apply for a license within 30 days after the commission requests him to do so.

      Sec. 21.  NRS 463.560 is hereby amended to read as follows:

      463.560  1.  [If the commission finds any key executive of a corporation which holds a state gaming license unsuitable to hold a gaming license in the State of Nevada, the corporation shall, within 30 days of notification by registered or certified United States mail to the corporation of such finding, terminate the appointment or employment of any such suitable person.] If an employee of a corporate licensee who is required to be licensed individually:


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ê1977 Statutes of Nevada, Page 1439 (Chapter 571, AB 355)ê

 

      (a) Does not apply for a license within 30 days after the commission requests him to do so, and the commission makes a finding of unsuitability for that reason;

      (b) Is denied a license; or

      (c) Has his license revoked by the commission,

the corporate gaming licensee by whom he is employed shall terminate his employment upon notification by registered or certified mail to the corporation of such action.

      2.  If the [corporation names a person] corporate licensee designates another employee to replace the [person found unsuitable,] employee whose employment was terminated, it shall promptly notify the commission [of such action] and shall cause [such person] the newly designated employee to apply for a gaming license. [in the event his predecessor had such a license.]

      Sec. 22.  NRS 463.595 is hereby amended to read as follows:

      463.595  1.  Each officer, employee, director, partner, principal, trustee or direct or beneficial owner of any interest in any holding company or intermediary company, who the commission determines is [,] or is to become [,] engaged in the administration or supervision of, or any other significant involvement with, the [gaming] activities of a corporate licensee, must be found suitable therefor and may be required to be licensed by the commission. [, prior to such engagement.]

      2.  If any officer, employee, director, partner, principal, trustee or direct or beneficial owner required to be found suitable pursuant to subsection 1 fails to apply for a finding of suitability or a gaming license within 30 days after being requested so to do by the commission, [or] is not found suitable or is denied a license by the commission, or if his license or the finding of his suitability [or license is rescinded after such finding] is revoked after appropriate findings by the commission, the holding company or intermediary company, or both, shall immediately remove [such officer, employee, director, partner, principal, trustee or owner] that person from any position [wherein he is engaged] in the administration or supervision of, or any other significant involvement with, the [gaming] activities of a corporate licensee. If the commission suspends the suitability or license of any [such] officer, employee, director, partner, principal, trustee or owner, the holding company or intermediary company, or both, shall, immediately and for the duration of [such] the suspension, suspend [such person] him from performing any duties [wherein he is engaged] in administration or supervision of the [gaming] activities of the corporate licensee and from any other significant involvement therewith.

      Sec. 23.  NRS 463.637 is hereby amended to read as follows:

      463.637  1.  Each officer and employee of a publicly traded corporation [,] who the commission determines is [,] or is to become [,] actively and directly engaged in the administration or supervision of, or any other significant involvement with, the [gaming] activities of the corporate gaming licensee must be found suitable therefor and may be required to be licensed by the commission. Each director of a publicly traded corporation, who the commission determines is, or is to become, actively and directly engaged in the administration or supervision of the gaming activities at a licensed gaming establishment of the corporate licensee must be found suitable therefor and may be required to be licensed by the commission.


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ê1977 Statutes of Nevada, Page 1440 (Chapter 571, AB 355)ê

 

licensee must be found suitable therefor and may be required to be licensed by the commission.

      2.  If any [such] officer, director or employee of a publicly traded corporation required to be licensed or found suitable [individually] pursuant to subsection 1 fails to apply for [such] a gaming license or finding of suitability within 30 days after being requested to do so by the commission, or is denied a license or not found suitable by the commission, or if his license or the finding of his suitability [or license is rescinded after such finding] is revoked after appropriate findings by the commission, the publicly traded corporation shall immediately remove [such] that officer or employee from any office or position wherein he is actively and directly engaged in the administration or supervision of, or any other significant involvement with, the [gaming] activities of the corporate gaming licensee [.] , or that director from any office or position wherein he is actively and directly engaged in the administration or supervision of the gaming activities of the corporate gaming licensee. If the commission suspends the finding of suitability of any officer, director or employee, the publicly traded corporation shall, immediately and for the duration of [such] the suspension, suspend [such officers or employees] that officer or employee from performance of any duties wherein [they are] he is actively and directly engaged in administration or supervision of, or any other significant involvement with, the [gaming] activities of the corporate gaming licensee [.] , or that director from performance of any duties wherein he is actively and directly engaged in administration or supervision of the activities at a licensed gaming establishment of the corporate licensee.

      Sec. 24.  NRS 463.639 is hereby amended to read as follows:

      463.639  After the publicly traded corporation has registered pursuant to this chapter, and while the subsidiary holds a gaming license, the publicly traded corporation shall:

      1.  Report promptly to the commission in writing any change in its officers, directors or employees who are actively and directly engaged in the administration or supervision of the gaming activities of the corporate gaming licensee.

      2.  Each year furnish to the commission a profit and loss statement and a balance sheet of the publicly traded corporation as of the end of [such] the year, and, upon request of the commission therefor, a copy of the publicly traded corporation’s federal income tax return within 30 days after [such] the return is filed with the Federal Government. All [such] profit and loss statements and balance sheets shall be submitted within 120 days after the close of the fiscal year to which they relate, and may be those filed by the publicly traded corporation with or furnished by it to the Securities and Exchange Commission.

      3.  [Report promptly to the commission in writing any changes in ownership of record of its equity securities which indicate that any person has become the owner of record of more than 10 percent of its outstanding equity securities of any class.] Mail to the commission a copy of any statement, or amendment thereto, received from a stockholder or group of stockholders pursuant to section 13(d) of the Securities Exchange Act of 1934, as amended, within 10 days after receiving the statement or amendment thereto, and report promptly to the commission in writing any changes in ownership of record of its equity securities which indicate that any person has become the owner of record of more than 10 percent of its outstanding equity securities of any class.


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ê1977 Statutes of Nevada, Page 1441 (Chapter 571, AB 355)ê

 

in writing any changes in ownership of record of its equity securities which indicate that any person has become the owner of record of more than 10 percent of its outstanding equity securities of any class.

      4.  Upon request of the commission, furnish to it a copy of any document filed by the publicly traded corporation with the Securities and Exchange Commission or with any national or regional securities exchange, including documents considered to be confidential in nature, or any document furnished by it to any of its equity security holders of any class.

      Sec. 25.  NRS 463.650 is hereby amended to read as follows:

      463.650  1.  It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain in the State of Nevada any form of manufacture, selling or distribution of any device, equipment, material or machine used in gambling [, except pinball machines,] without having first procured a license for such manufacture, selling or distribution as provided in [NRS 463.650] this section and NRS 463.660.

      2.  Any person whom the commission determines to be a suitable person to receive a license under the provisions of [NRS 463.650] this section and NRS 463.660, having due consideration for the proper protection of the public health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada, may be issued a manufacturer’s or distributor’s license. The burden of proving his qualification to receive or hold any license under [NRS 463.650] this section and NRS 463.660 shall be at all times on the applicant or licensee.

      Sec. 26.  NRS 463.670 is hereby amended to read as follows:

      463.670  1.  The legislature finds and declares as facts:

      (a) That the inspection of electronic and mechanical devices and all other equipment and materials used in gambling is essential to carry out the provisions of this chapter; and

      (b) That such inspection is greatly facilitated in the case of such devices, equipment and materials manufactured within this state by the opportunity to inspect components prior to assembly and to examine the methods of manufacture.

      2.  The board may inspect every device or machine used in gambling [, except pinball machines,] and all other equipment or materials which are manufactured, sold or distributed:

      (a) For use in this state, before [such] the device, equipment or materials are put into play.

      (b) In this state for use outside this state, before [such] the device, equipment or materials are shipped out of this state.

      3.  In addition to all other fees and charges imposed by this chapter, the board may determine, charge and collect an inspection fee from each manufacturer, seller or distributor which shall not exceed the actual cost of inspection and investigation.

      Sec. 27.  NRS 169.125 is hereby amended to read as follows:

      169.125  “Peace officer” includes:

      1.  The bailiff of the supreme court and bailiffs of the district courts, justices’ courts and municipal courts;


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ê1977 Statutes of Nevada, Page 1442 (Chapter 571, AB 355)ê

 

      2.  Sheriffs of counties and of metropolitan police departments and their deputies;

      3.  Constables;

      4.  Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180;

      5.  The inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049;

      6.  Members of and all inspectors employed by the public service commission of Nevada when exercising those enforcement powers conferred by chapters 704 to 706, inclusive, of NRS;

      7.  Marshals and policemen of cities and towns;

      8.  Parole and probation officers;

      9.  Special investigators employed by the office of any district attorney or the attorney general;

      10.  Arson investigators for fire departments specially designated by the appointing authority;

      11.  Members of the University of Nevada System police department;

      12.  The state fire marshal and his deputies;

      13.  The brand inspectors of the state department of agriculture when exercising the enforcement powers conferred in chapter 565 of NRS;

      14.  Arson investigators for the state forester firewarden specially designated by the appointing authority;

      15.  The deputy warden, correctional officers and other employees of the Nevada state prison when carrying out any duties prescribed by the warden of the Nevada state prison;

      16.  Nevada state park system employees designated by the administrator of the Nevada state park system in the state department of conservation and natural resources when exercising police powers specified in NRS 407.065;

      17.  Security officers employed by the board of trustees of any school district;

      18.  The executive, supervisory and investigative personnel of the Nevada gaming commission and the state gaming control board when exercising the enforcement powers specified in NRS 463.140 [;] or when investigating a violation of a provision of chapter 205 of NRS in the form of a crime against the property of a gaming licensee;

      19.  The director, division chiefs, investigators, agents and other sworn personnel of the department of law enforcement assistance;

      20.  Field dealer inspectors of the vehicle compliance and enforcement section of the registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.048;

      21.  Vehicle emission control officers of the vehicle emission control section of the registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.0481;

      22.  The personnel of the Nevada department of fish and game when exercising those enforcement powers conferred by Title 45 and chapter 488 of NRS; and

      23.  Security officers of the legislature of the State of Nevada when protecting the persons and property of the members of the legislature, staff of the legislature and personnel of the legislative counsel bureau.


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

ê1977 Statutes of Nevada, Page 1443 (Chapter 571, AB 355)ê

 

protecting the persons and property of the members of the legislature, staff of the legislature and personnel of the legislative counsel bureau.

      Sec. 28.  NRS 241.020 is hereby amended to read as follows:

      241.020  Except as otherwise [provided in NRS 241.030,] specifically provided by statute, all meetings of public agencies, commissions, bureaus, departments, public corporations, municipal corporations and quasi-municipal corporations and political subdivisions shall be open and public, and all persons shall be permitted to attend any meeting of these bodies.

      Sec. 29.  Section 47 of Senate Bill 173 of the 59th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 47.  NRS 463.140 is hereby amended to read as follows:

       463.140  1.  The provisions of this chapter with respect to state gaming licenses and manufacturer’s, seller’s and distributor’s licenses shall be administered by the state gaming control board and the Nevada gaming commission, which shall administer them for the protection of the public and in the public interest in accordance with the policy of this state.

       2.  The board shall investigate the qualifications of each applicant under this chapter before any license is issued or any registration, finding of suitability or approval of acts or transactions for which commission approval is required or permitted is granted, and shall continue to observe the conduct of all licensees and other persons having a material involvement directly or indirectly with a licensed gaming operation or registered holding company to the end that licenses shall not be issued to nor held by nor shall there be any material involvement directly or indirectly with a licensed gaming operation or registered holding company by unqualified or disqualified persons, unsuitable persons or persons whose operations are conducted in an unsuitable manner or in unsuitable or prohibited places or locations. The board has full and absolute power and authority to recommend the denial of any application, the limitation, conditioning or restriction of any license, registration, finding of suitability or approval, the suspension or revocation of any license, registration, finding of suitability or approval or the imposition of a fine upon any person licensed, registered, found suitable or approved for any cause deemed reasonable by the board. The commission has full and absolute power and authority to deny any application or limit, condition, restrict, revoke or suspend any license, registration, finding of suitability or approval, or fine any person licensed, registered, found suitable or approved for any cause deemed reasonable by the commission.

       3.  The board and the commission and their agents may:

       (a) Inspect and examine all premises wherein gaming is conducted or gambling devices or equipment are manufactured, sold or distributed.

       (b) Inspect all equipment and supplies in, upon or about premises.

       (c) Summarily seize and remove from such premises and impound any equipment or supplies for the purpose of examination and inspection.


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

ê1977 Statutes of Nevada, Page 1444 (Chapter 571, AB 355)ê

 

any equipment or supplies for the purpose of examination and inspection.

       (d) Demand access to and inspect, examine and audit all papers, books and records of applicants and licensees respecting the gross income produced by any gaming business, and require verification of income, and all other matters affecting the enforcement of the policy [of] or any of the provisions of this chapter.

       4.  For the purpose of the administration and enforcement of chapters 463, 464 and 465 of NRS, and of chapter 205 of NRS so far as it involves crimes against the property of gaming licensees, the board, the commission and the executive, supervisory and investigative personnel of both the board and the commission have the powers of a peace officer of the State of Nevada. [The provisions of this subsection do not constitute these persons police officers for the purposes of NRS 286.510.]

       5.  The board and the commission or any member thereof shall each have full power and authority to issue subpenas and compel the attendance of witnesses at any place within this state, to administer oaths and to require testimony under oath. Any process or notice may be served in the manner provided for service of process and notices in civil actions. The board or the commission may pay such transportation and other expenses of witnesses as it may deem reasonable and proper. Any person making false oath in any matter before either the board or commission is guilty of perjury. The board and commission or any member thereof may appoint hearing examiners who may administer oaths and receive evidence and testimony under oath.

 

      Sec. 30.  Section 64 of Senate Bill 116 of the 59th Session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 64.  NRS 169.125 is hereby amended to read as follows:

       169.125  “Peace officer” includes:

       1.  The bailiff of the supreme court and bailiffs of the district courts, justices’ courts and municipal courts;

       2.  Sheriffs of counties and of metropolitan police departments and their deputies;

       3.  Constables;

       4.  Personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180;

       5.  The inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049;

       6.  Members of and all inspectors employed by the public service commission of Nevada when exercising those enforcement powers conferred by chapters 704 to 706, inclusive, of NRS;

       7.  Marshals and policemen of cities and towns;

       8.  Parole and probation officers;

       9.  Special investigators employed by the office of any district attorney or the attorney general;


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

ê1977 Statutes of Nevada, Page 1445 (Chapter 571, AB 355)ê

 

       10.  Arson investigators for fire departments specially designated by the appointing authority;

       11.  Members of the University of Nevada System police department;

       12.  The state fire marshal and his deputies;

       13.  The brand inspectors of the state department of agriculture when exercising the enforcement powers conferred in chapter 565 of NRS;

       14.  Arson investigators for the state forester firewarden specially designated by the appointing authority;

       15.  The deputy [warden,] director, superintendents, correctional officers and other employees of the [Nevada state prison] department of prisons when carrying out any duties prescribed by the [warden of the Nevada state prison;] director of the department of prisons;

       16.  Nevada state park system employees designated by the administrator of the Nevada state park system in the state department of conservation and natural resources when exercising police powers specified in NRS 407.065;

       17.  Security officers employed by the board of trustees of any school district;

       18.  The executive, supervisory and investigative personnel of the Nevada gaming commission and the state gaming control board when exercising the enforcement powers specified in NRS 463.140 or when investigating a violation of a provision of chapter 205 of NRS in the form of a crime against the property of a gaming licensee;

       19.  The director, division chiefs, investigators, agents and other sworn personnel of the department of law enforcement assistance;

       20.  Field dealer inspectors of the vehicle compliance and enforcement section of the registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.048;

       21.  Vehicle emission control officers of the vehicle emission control section of the registration division of the department of motor vehicles when exercising the police powers specified in NRS 481.0481;

       22.  The personnel of the Nevada department of fish and game when exercising those enforcement powers conferred by Title 45 and chapter 488 of NRS; and

       23.  Security officers of the legislature of the State of Nevada when protecting the persons and property of the members of the legislature, staff of the legislature and personnel of the legislative counsel bureau.

 

      Sec. 31.  NRS 463.1591 and section 10 of Assembly Bill 267 of the 59th session of the Nevada legislature are hereby repealed.

      Sec. 32.  Section 4 of Assembly Bill 211 of the 59th session of the legislature is hereby amended to read as follows:

 

       Sec. 4.  NRS 463.650 is hereby amended to read as follows:


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

ê1977 Statutes of Nevada, Page 1446 (Chapter 571, AB 355)ê

 

       463.650  1.  [It] Except as provided in subsection 2, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain in the State of Nevada any form of manufacture, selling or distribution of any device, equipment, material or machine used in gambling without having first procured a license for such manufacture, selling or distribution as provided in this section and NRS 463.660.

       2.  A lessor who specifically acquires equipment for a capital lease transaction is not required to be licensed under this section or NRS 463.660. Any person whom the commission determines to be a suitable person to receive a license under the provisions of this section and NRS 463.660, having due consideration for the proper protection of the public health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada, may be issued a manufacturer’s or distributor’s license. The burden of proving his qualification to receive or hold any license under this section and NRS 463.660 shall be at all times on the applicant or licensee.

 

      Sec. 33.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 572, AB 201

Assembly Bill No. 201–Assemblymen Dreyer, Hayes, Horn, Harmon, Bremner, Ross, Schofield and Jeffrey

CHAPTER 572

AN ACT relating to mobile home parks; regulating the relationship of landlord and tenant in such parks; providing for damages in certain cases; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 16, 1977]

 

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

do enact as follows:

 

      Section 1.  Chapter 118 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  Any written rental contract or lease to be used in renting or leasing any mobile home lot shall contain but is not limited to provisions relating to the following subjects:

      1.  Duration of the agreement.

      2.  Amount of rent and the manner and time of its payment.

      3.  Restrictions on occupancy by children or pets.

      4.  Services and utilities included with the lot rental and the responsibility of maintaining or paying for the services and utilities.

      5.  Fees which may be required and the purposes for which they are required.

      6.  Deposits which may be required and the conditions for their refund.


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

ê1977 Statutes of Nevada, Page 1447 (Chapter 572, AB 201)ê

 

      7.  Maintenance which the tenant is required to perform.

      8.  The name and address of the owner of the mobile home park or his authorized agent.

      Sec. 3.  Any provision in a rental agreement for a mobile home lot which provides that the tenant:

      1.  Agrees to waive or forego any rights or remedies afforded by NRS 118.230 to 118.290, inclusive, and sections 2 to 11, inclusive, of this act;

      2.  Authorizes any person to confess judgment on any claim arising out of the rental agreement;

      3.  Agrees to pay the landlord’s attorney’s fees, except that the agreement may provide that attorney’s fees may be awarded to the prevailing party in the event of court action; or

      4.  Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or costs connected therewith, if the liability is based upon an act or omission of the landlord or any agent or employee of the landlord,

is void.

      Sec. 4.  1.  The landlord shall disclose in writing to each tenant the name and address of:

      (a) The persons authorized to manage the mobile home park;

      (b) A person authorized to receive service of process for the landlord; and

      (c) The principal or corporate owner of the mobile home park,

and any change thereof.

      2.  The information shall be furnished in writing to each new tenant on or before the commencement of his tenancy or upon request.

      Sec. 5.  1.  Any payment, deposit, fee, or other charge which is required by the landlord in addition to periodic rent, utility charges or service fees and is collected as prepaid rent or a sum to compensate for any tenant default is a “deposit” governed by the provisions of this section.

      2.  The landlord shall maintain a separate record of the deposits.

      3.  All deposits are refundable, and upon termination of the tenancy the landlord may claim from a deposit only such amounts as are reasonably necessary to remedy tenant defaults in the payment of rent, utility charges or service fees and to repair damage to the park caused by the tenant. Any refund shall be sent to the tenant within 21 days after the tenancy is terminated.

      4.  Upon termination of the landlord’s interest in the mobile home park, the landlord shall either transfer to his successor in interest that portion of the deposit remaining after making any deductions allowed under this section or return such portion to the tenant.

      5.  The claim of the tenant to any deposit to which he is entitled by law takes precedence over the claim of any creditor of the landlord.

      Sec. 6.  The landlord shall:

      1.  Keep all common areas of the park in a clean and safe condition; and

      2.  Maintain in good working order all electrical, plumbing and sanitary facilities and appliances which he furnishes, except that repeated damage from misuse or vandalism is grounds for suspension of maintenance or repair of a facility or appliance.


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

ê1977 Statutes of Nevada, Page 1448 (Chapter 572, AB 201)ê

 

damage from misuse or vandalism is grounds for suspension of maintenance or repair of a facility or appliance.

      Sec. 7.  1.  If a mobile home is made unfit for occupancy for any period in excess of 48 hours by any cause for which the landlord is responsible or over which he has control, the rent shall be at the tenant’s option, proportionately abated, and refunded or credited against the following month’s rent. The tenant need not abandon the mobile home as a prerequisite to seeking relief under this subsection.

      2.  As an alternative to such abatement of rent, the tenant may procure reasonable substitute housing for occupancy while his mobile home remains unfit and may:

      (a) Recover the actual and reasonable cost of the substitute housing from the landlord, but not more than an amount equal to the rent for the mobile home lot; or

      (b) Deduct the cost from future rent.

      Sec. 8.  The landlord and the tenant may agree that any controversy relating to any matter arising under NRS 118.230 to 118.290, inclusive, and sections 2 to 11, inclusive, of this act or under a rental agreement may be submitted for arbitration as provided by law.

      Sec. 9.  The landlord shall not terminate a tenancy, refuse to renew a tenancy, increase rent or decrease services he normally supplies, or bring or threaten to bring an action for possession of a mobile home lot as retaliation upon the tenant because:

      1.  He has complained in good faith about a violation of a building, safety or health code or regulation pertaining to a mobile home park to the governmental agency responsible for enforcing the code or regulation.

      2.  He has complained to the landlord concerning the maintenance, condition or operation of the park or a violation of any provision of NRS 118.240 to 118.290, inclusive, and sections 2 to 9, inclusive, of this act.

      3.  He has organized or become a member of a tenants’ league or similar organization.

      4.  A citation has been issued to the landlord as a result of a complaint of the tenant.

      5.  In a judicial proceeding or arbitration between the landlord and the tenant, an issue has been determined adversely to the landlord.

      Sec. 10.  If a landlord unlawfully terminates a tenancy, the tenant may recover not more than 6 months’ periodic rent or actual damages for the injury or loss sustained by him, whichever is greater.

      Sec. 11.  Any landlord who violates any of the provisions of NRS 118.240 to 118.290, inclusive, and sections 2 to 9, inclusive, of this act is guilty of a misdemeanor.

      Sec. 12.  NRS 118.230 is hereby amended to read as follows:

      118.230  As used in NRS [118.240] 118.230 to 118.290, inclusive [:] , and sections 2 to 11, inclusive, of this act:

      1.  “Landlord” means the owner, lessor or operator of a mobile home park.

      2.  “Mobile home” means a vehicular structure without independent motive power, built on a chassis or frame, which is:


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

ê1977 Statutes of Nevada, Page 1449 (Chapter 572, AB 201)ê

 

      (a) Designed to be used with or without a permanent foundation;

      (b) Capable of being drawn by a motor vehicle; and

      (c) Used as and suitable for year-round occupancy as a residence, when connected to utilities, by one person who maintains a household or by two or more persons who maintain a common household.

      3.  “Mobile home lot” means a portion of land within a mobile home park which is rented or held out for rent to accommodate a mobile home.

      4.  “Mobile home park” or “park” means an area or tract of land where two or more mobile homes or mobile home lots are rented or held out for rent. “Mobile home park” does not include an area or tract of land where more than half of the lots are rented overnight or for less than 1 month.

      Sec. 13.  NRS 118.240 is hereby amended to read as follows:

      118.240  1.  [An] Except as provided in subsection 4, an oral or written agreement between a landlord and tenant for a mobile home lot in a mobile home park in this state shall not be terminated by the landlord except upon notice in writing to the tenant [:] served in the manner provided in NRS 40.280:

      (a) Thirty days in advance if the mobile home does not exceed 16 feet in width.

      (b) Forty-five days if the mobile home exceeds 16 feet in width.

      (c) Five days in advance if the termination is because the conduct of the tenant constitutes a nuisance as described in subsection 5 of NRS 118.250.

      2.  The landlord shall specify in the notice the reason for the termination of the agreement. The reason relied upon for the termination shall be set forth with specific facts so that the date, place and circumstances concerning the reason for the termination can be determined. Reference alone to a provision of NRS 118.250 does not constitute sufficient specificity under this subsection.

      3.  [The landlord shall not require the tenant to waive his rights under this section and any such waiver is contrary to public policy and is void.] If a tenant remains in possession of the mobile home lot with the landlord’s consent after expiration of the term of the rental agreement, the tenancy is from week-to-week in the case of a tenant who pays weekly rent, and in all other cases the tenancy is from month-to-month. The tenant’s continued occupancy shall be on the same terms and conditions as were contained in the rental agreement unless specifically agreed otherwise in writing.

      4.  [Notwithstanding the provisions of NRS 118.230 to 118.290, inclusive, the] The landlord and tenant may agree to a specific date for termination of the agreement.

      Sec. 14.  NRS 118.250 is hereby amended to read as follows:

      118.250  The rental agreement described in NRS 118.240 may not be terminated except for: [one or more of the following:

      1.  Nonpayment of]

      1.  Failure of the tenant to pay rent, utility charges or reasonable service [charges.] fees within 10 days after written notice of delinquency served upon the tenant in the manner provided in NRS 40.280;


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

ê1977 Statutes of Nevada, Page 1450 (Chapter 572, AB 201)ê

 

      2.  Failure of the tenant [to comply with:

      (a) Any] to correct any noncompliance with a law, ordinance or governmental regulation pertaining to mobile homes [; or

      (b) Valid rules or regulations] or a valid rule or regulation established pursuant to NRS 118.260 [.] or to cure any violation of the rental agreement within a reasonable time after receiving notification of noncompliance or violation;

      3.  Conduct of the tenant in the mobile home park which constitutes an annoyance to other tenants or interferes with park management.

      4.  Violation of valid rules of conduct, occupancy or use of park facilities after written notice of the violation is served upon the tenant in the manner provided in NRS 40.280;

      5.  Condemnation or a change in land use of the mobile home park [.

      5.]  ; or

      6.  Conduct of the tenant which constitutes a nuisance as defined in NRS 40.140.

      Sec. 15.  NRS 118.260 is hereby amended to read as follows:

      118.260  1.  The landlord may adopt rules or regulations concerning the tenant’s use and occupancy of the mobile home lot and the grounds, areas and facilities of the mobile home park held out for the use of tenants generally.

      2.  All such rules or regulations shall be:

      (a) Reasonably related to the purpose for which they are adopted;

      (b) Sufficiently explicit in their prohibition, direction or limitation to inform the tenant of what he must do or not do for compliance;

      (c) Adopted in good faith and not for the purpose of evading any obligation of the landlord arising under the law; and

      (d) Uniformly enforced against all tenants in the park, including the resident managers.

      3.  Except as provided in subsection [3,] 4, such a rule or regulation is enforcible against the tenant only if he has notice of it at the time he enters into the rental agreement. A rule or regulation adopted or amended after the tenant enters into the rental agreement is not enforcible unless the tenant consents to it or is given 60 days’ [written] notice of it [.] in writing.

      [3.]  4.  A rule or regulation pertaining to recreational facilities in the mobile home park may be amended and enforced by the landlord without [such notice or consent.] the tenant’s consent if the tenant is given 10 days’ written notice of the amendment.

      Sec. 16.  NRS 118.270 is hereby amended to read as follows:

      118.270  The landlord shall not:

      1.  Charge:

      (a) Any entrance or exit fee to a tenant assuming or leaving occupancy of a mobile home lot.

      (b) Any transfer or selling fee or commission as a condition to permitting a tenant to sell his mobile home within the mobile home park even if the mobile home is to remain within the park, unless the landlord has acted as the mobile home owner’s agent in the sale pursuant to a written contract.

      (c) Any security or damage deposit the purpose of which is to avoid compliance with the provisions of subsection 5.


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

ê1977 Statutes of Nevada, Page 1451 (Chapter 572, AB 201)ê

 

      2.  Increase rent or service fees unless:

      (a) The increase applies in a uniform manner to all tenants or, if it is a service fee, to a given circumstance; and

      (b) Written notice advising the tenant of the increase is sent to the tenant 60 days in advance of the first payment to be increased.

      [2.]  3.  Deny any tenant the right to sell his mobile home within the park or require the tenant to remove the mobile home from the park solely on the basis of such sale, except as provided in NRS 118.280.

      4.  Prohibit any tenant desiring to sell his mobile home within the park from advertising the location of the mobile home and the name of the mobile home park or prohibit the tenant from displaying at least one sign advertising the sale of the mobile home.

      [3.]  5.  Prohibit any meetings held in the park’s community or recreation facility by the tenants or occupants of any mobile home in the park to discuss mobile home living and affairs, if such meetings are held at reasonable hours and when the facility is not otherwise in use.

      Sec. 17.  NRS 118.290 is hereby amended to read as follows:

      118.290  The landlord shall provide each tenant with the text of the provisions of NRS [118.240] 118.230 to 118.280, inclusive, and sections 2 to 11, inclusive, of this act in the rental agreement and in a notice posted in a conspicuous place in the park’s community or recreation facility or other common area.

      Sec. 18.  The disclosure required under section 4 of this act shall be furnished by a landlord to each of his current tenants.

 

________

 

 

CHAPTER 573, SB 474

Senate Bill No. 474–Committee on Commerce and Labor

CHAPTER 573

AN ACT relating to mobile home standards; providing for regulation of commercial coaches; removing recreational vehicles; transferring administration and enforcement from the state fire marshal division of the department of commerce; and providing other matters properly relating thereto.

 

[Approved May 16, 1977]

 

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

do enact as follows:

 

      Section 1.  Chapter 489 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  “Commercial coach” means a vehicle without motive power which is designed and equipped for human occupancy for industrial, professional or commercial purposes.

      Sec. 3.  “Installer” means a person who installs a mobile home at the site where it is to be used by the purchaser. The term does not include:

      1.  Employees of public utility companies;

      2.  Bona fide servicemen employed by licensed manufacturers; or

      3.  The purchaser of a mobile home.

      Sec. 4.  (Deleted by amendment.)


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

ê1977 Statutes of Nevada, Page 1452 (Chapter 573, SB 474)ê

 

      Sec. 5.  “Safety certificate of compliance” means a certificate issued by the director which certifies that a mobile home or commercial coach has been installed in compliance with regulations adopted by the department.

      Sec. 6.  “Safety seal” means a device attached to a mobile home or commercial coach when a safety certificate of compliance has been issued and removed when the mobile home or commercial coach is moved from the location it occupied when the safety certificate was issued.

      Sec. 7.  “Serviceman” means a person who installs or repairs skirting, awnings, fixtures or appliances on or in mobile homes or commercial coaches, except:

      1.  Any person employed by a licensed manufacturer; and

      2.  The purchaser of a mobile home or commercial coach.

      Sec. 8.  (Deleted by amendment.)

      Sec. 9.  NRS 489.021 is hereby amended to read as follows:

      489.021  1.  [The legislature finds that mobile homes and travel trailers, because of the manner of the construction, assembly and use of such homes and trailers and of their systems, components and appliances, including heating, plumbing and electrical systems, like other finished products having concealed vital parts, may present hazards to the health, life and safety of individuals and to the safety of property unless properly manufactured.]

      The legislature finds that the construction, assembly and use of mobile homes, travel trailers and commercial coaches and their systems, components and appliances, and the alteration, transportation and installation of mobile homes and commercial coaches, like other products having concealed vital parts, may present hazards to the health, life and safety of persons and the safety of property unless they are properly manufactured, altered, transported and installed.

      2.  In the sale of mobile homes [and] , travel trailers [,] and commercial coaches, there is also the possibility of unascertained defects in [such homes and trailers] them even though they are inspected by purchasers.

      3.  It is the policy and purpose of this state to protect the public against [such possible] these hazards and to prohibit the manufacture, [and] sale, alteration, transportation and installation in this state of mobile homes [and] , travel trailers and commercial coaches which are not constructed in a manner which provides reasonable safety and protection to owners and users.

      4.  The legislature further intends to provide a procedure to assure that this state assumes the fullest responsibility for the administration and enforcement of federal mobile home safety and construction standards in Nevada and in accordance with the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.).

      Sec. 10.  NRS 489.031 is hereby amended to read as follows:

      489.031  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 489.041 to 489.156, inclusive, and sections 2 to 7, inclusive, of this act, have the meanings ascribed to them in [such] those sections.

      Sec. 11.  NRS 489.041 is hereby amended to read as follows:


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

ê1977 Statutes of Nevada, Page 1453 (Chapter 573, SB 474)ê

 

      489.041  “American National Standards” means the standards for mobile homes [and] , travel trailers and commercial coaches adopted by the American National Standards Institute.

      Sec. 12.  NRS 489.051 is hereby amended to read as follows:

      489.051  “Certificate of compliance” means a certificate issued by the State of Nevada certifying that the plumbing, heating, electrical systems, body and frame design and construction requirements of a mobile home [or] , travel trailer or commercial coach are installed in compliance with the American National Standards [for mobile homes or travel trailers, as the case may be,] applicable at the time of manufacture.

      Sec. 12.5.  (Deleted by amendment.)

      Sec. 13.  NRS 489.071 is hereby amended to read as follows:

      489.071  “Competent” means [competent] technically qualified to evaluate, test and inspect, according to the standards [, rules] and regulations prescribed pursuant to the provisions of this chapter, the structural features, the plumbing, heating and electrical systems and the materials used in constructing a mobile home [or] , travel trailer [.] or commercial coach.

      Sec. 14.  NRS 489.076 is hereby amended to read as follows:

      489.076  “Dealer” means any person who:

      1.  For compensation, money or other things of value, sells, exchanges, buys or offers for sale, negotiates or attempts to negotiate a sale or exchange of an interest in a mobile home or commercial coach subject to the requirements under this chapter, or induces or attempts to induce any person to buy or exchange an interest in a mobile home [;] or commercial coach;

      2.  Receives or expects to receive a commission, money, brokerage fees, profit or any other thing of value from either the seller or purchaser of any mobile home [;] or commercial coach; or

      3.  Is engaged wholly or in part in the business of selling mobile homes or commercial coaches, or buying or taking them in trade [mobile homes] for the purpose of resale, selling, or offering for sale or consignment to be sold or otherwise dealing in mobile homes [,] or commercial coaches,

whether or not [such mobile homes] they are owned by such persons.

      Sec. 14.5.  NRS 489.090 is hereby amended to read as follows:

      489.090  [“Division” means the state fire marshal division] “Director” means the director of the department of commerce.

      Sec. 15.  NRS 489.095 is hereby amended to read as follows:

      489.095  1.  “Established place of business” means an enclosed building or structure owned either in fee or leased with sufficient space to conduct the business of the dealer and large enough to accommodate the office or offices of the dealer and to provide a safe place to keep the books and other records of the business of such dealer, at which site or location the principal portion of [such] the dealer’s business [shall be] is conducted.

      2.  The books and records of a dealer shall be kept and maintained at the dealer’s established place of business and shall be open to inspection during usual business hours by any authorized agent of the [division] department or the State of Nevada.

      Sec. 16.  NRS 489.110 is hereby amended to read as follows:


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ê1977 Statutes of Nevada, Page 1454 (Chapter 573, SB 474)ê

 

      489.110  “Label of compliance” means a label permanently attached to a mobile home [or] , travel trailer or commercial coach at the completion of the construction thereof, which label is issued by an independent, solvent and trustworthy firm, approved and licensed by the [division] department as being competent and as having and utilizing initial and followup manufacturing inspection services providing a high degree of quality control, and on which label is recorded:

      1.  The name of the person issuing [such] the label and the serial number of the label;

      2.  The serial or other identification number of the mobile home [or] , travel trailer [;] or commercial coach; and

      3.  A [certification] certificate that the mobile home [or] , travel trailer or commercial coach was evaluated, tested and inspected according to the standards [and rules] and regulations issued pursuant to the provisions of this chapter.

      Sec. 17.  NRS 489.115 is hereby amended to read as follows:

      489.115  “Manufacturer” means every person engaged in the business of manufacturing mobile homes, travel trailers or [recreational vehicles.] commercial coaches.

      Sec. 18.  NRS 489.120 is hereby amended to read as follows:

      489.120  “Mobile home” means a [vehicular] structure which is:

      1.  Built on a permanent chassis; [or frame;]

      2.  Designed to be used with or without a permanent foundation [;

      3.  Capable of being drawn by a motor vehicle; and

      4.  Used] as a dwelling when connected to utilities; [.

      5.  Used permanently or temporarily for the advertising, sales, display or promotion of merchandise or services.

It includes a commercial or trailer coach, which is a vehicle, with or without motive power, designed and equipped for human occupancy or for industrial, professional or commercial purposes.]

      3.  Transportable in one or more sections; and

      4.  More than eight feet in body width and more than 40 feet in body length.

systems of the mobile home. Mobile home does not include a travel trailer. The term includes the plumbing, heating, air conditioning and electrical

      Sec. 19.  NRS 489.125 is hereby amended to read as follows:

      489.125  “New mobile home, new travel trailer or [recreational vehicle”] new commercial coach” means a mobile home, travel trailer or [recreational vehicle that] commercial coach which has never been sold at retail or occupied either prior to or after sale for the purpose intended by the manufacturer and has never been registered with the appropriate agency of authority of any other state, the District of Columbia, any territory or possession of the United States or foreign state, province or country.

      Sec. 20.  NRS 489.135 is hereby amended to read as follows:

      489.135  1.  “Rebuilder” means a person engaged in the business of reconstructing mobile homes or [recreational vehicles] commercial coaches by the alteration, addition or substitution of substantial or essential parts.


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ê1977 Statutes of Nevada, Page 1455 (Chapter 573, SB 474)ê

 

      2.  Nothing in this section shall be construed to require any licensed new or used mobile home or [recreational vehicles] commercial coach dealer to secure a license as a rebuilder in conjunction with rebuilding in his own facilities.

      Sec. 21.  NRS 489.137 is hereby amended to read as follows:

      489.137  “Salesman” means any person employed by a [mobile home] dealer or rebuilder, under any form of contract or arrangement to sell, exchange, buy, or offer for sale, or exchange an interest in a mobile home or [travel trailer] commercial coach to any person, and who receives or expects to receive a commission, fee or any other consideration from either the seller or purchaser. [of such mobile home or travel trailer.]

      Sec. 22.  NRS 489.150 is hereby amended to read as follows:

      489.150  1.  “Travel trailer” means a vehicular portable [structure] unit, mounted on wheels, [constructed on a vehicular-type chassis,] of a size and weight so as not to require special highway movement permits when drawn by a motor vehicle, primarily designed as temporary living quarters for recreational, camping or travel use and drawn by another vehicle.

      2.  A vehicle is not a travel trailer if, when equipped for highway use, it is greater than 8 feet wide or 40 feet long.

      Sec. 23.  NRS 489.155 is hereby amended to read as follows:

      489.155  “Used mobile home” [means a mobile home that] , “used travel trailer” or “used commercial coach” means a mobile home, travel trailer or commercial coach which has been:

      1.  Sold, rented or leased and [that has been] occupied prior to or after [such] the sale, rental or lease; or

      2.  Registered with the appropriate agency of authority of any other state, the District of Columbia, or any territory or possession of the United States or foreign state, province or country.

      Sec. 24.  NRS 489.160 is hereby amended to read as follows:

      489.160  1.  The Nevada mobile home [and travel trailer] advisory commission is hereby created.

      2.  The commission consists of five members, appointed by the governor.

      3.  The commission shall advise the mobile home and travel trailer section of the [division.] department.

      Sec. 24.5.  NRS 489.180 is hereby amended to read as follows:

      489.180  Each member of the commission shall:

      1.  Be a citizen of the United States;

      2.  Be a resident of the State of Nevada for not less than 2 years; and

      3.  In the case of members who are mobile home or travel trailer dealers or manufacturers, be actively engaged in business as a mobile home or travel trailer dealer or manufacturer in the State of Nevada for at least 2 years immediately preceding his appointment.

      Sec. 25.  NRS 489.260 is hereby amended to read as follows:

      489.260  1.  The commission shall assist the [division] department in promulgating reasonable [rules and] regulations to administer the provisions of this chapter. The commission shall also furnish current information regarding any change in the American National Standards pertaining to the construction of mobile homes [and] , travel trailers [.]


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ê1977 Statutes of Nevada, Page 1456 (Chapter 573, SB 474)ê

 

to the construction of mobile homes [and] , travel trailers [.] and commercial coaches.

      2.  Any [rules,] regulations or changes affecting the standards for heating, plumbing, electrical systems, body and frame design and construction requirements or installation of mobile homes [or] , travel trailers or commercial coaches shall be approved by the commission before [such rules,] the regulations or changes are accepted to become effective.

      [3.  The commission shall hear appeals brought under NRS 489.440 and 489.470.]

      Sec. 26.  NRS 489.270 is hereby amended to read as follows:

      489.270  1.  In order to carry out the provisions of this chapter, the [state fire marshal or the] director may:

      [1.]  (a) Issue subpenas;

      [2.]  (b) Conduct hearings; and

      [3.]  (c) Administer oaths.

      2.  The director may apply for and receive grants from the United States Secretary of Housing and Urban Development for implementation and development of a plan for enforcement and administration of federal mobile home safety and construction standards for mobile homes offered for sale or lease in this state.

      3.  The director may adopt rules to ensure acceptance by the Secretary of Housing and Urban Development of the state plan for administration and enforcement of federal mobile home safety and construction standards in accordance with the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.).

      4.  The director may make inspections, approve plans and specifications, provide technical services, issue certificates and insignia of compliance, collect fees provided for in this chapter and adopt regulations necessary to carry out his duties under this chapter.

      5.  The director or his representative may enter, at reasonable times and without notice, any factory, warehouse or establishment in which mobile homes are manufactured, stored or held for sale and to inspect at reasonable times in a reasonable manner the premises and books, papers, records and documents which are relevant to the manufacture of mobile homes and compliance with the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.).

      Sec. 27.  NRS 489.280 is hereby amended to read as follows:

      489.280  The [state fire marshal:] director, with the approval of the commission:

      1.  [Shall adopt regulations embodying the fundamental principles adopted, recommended or issued by:

      (a) The American National Standards Institute (ANSI) standard A119.3 with respect to mobile home parks, standard A119.1 with respect to mobile homes and standard A119.2 with respect to travel trailers; or

      (b) The National Fire Protection Association (NFPA) standard 501-A with respect to mobile home parks, standard 501-B with respect to mobile homes and standard 501-C with respect to travel trailers.

      2.  May adopt regulations embodying standards higher than those in paragraphs (a) and (b) of subsection 1 if the public health, welfare and safety require it.


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ê1977 Statutes of Nevada, Page 1457 (Chapter 573, SB 474)ê

 

      3.  May adopt regulations pertaining to the body and frame design and construction requirements and plumbing, heating and electrical systems of mobile homes and travel trailers manufactured prior to January 1, 1968, and may adopt regulations pertaining to body and frame design and construction requirements for mobile homes and travel trailers constructed after January 1, 1968, but before July 1, 1973.

      4.  Shall adopt regulations allowing the issuance of insignia to manufacturers of mobile homes or travel trailers to be affixed by such manufacturers. Such rules shall provide for:

      (a) In-plant inspections;

      (b) Submission of plans and specifications;

      (c) Remedies to dealers and consumers of mobile homes or travel trailers which do not comply with the applicable standard; and

      (d) Revocation for cause, upon notice and hearing, of the right of a manufacturer to sell mobile homes or travel trailers in this state for use in this state.

      5.  Shall adopt regulations providing for:

      (a) Fees for issuance of certificates and labels of compliance;

      (b) Fees for plan checks;

      (c) Fees for inspections of manufacturing plants;

      (d) Fees for licenses for firms to issue labels of compliance; and

      (e) Other fees for the services of the mobile home and travel trailer section.] Shall adopt and enforce regulations embodying the fundamental principles of the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.) with respect to commercial coaches and by the American National Standards Institute or National Fire Protection Association with respect to travel trailers:

      (a) The regulations shall allow for the issue of insignia to manufacturers of travel trailers or commercial coaches to be affixed by the manufacturers.

      (b) The regulations shall provide for, without limitation:

             (1) Inplant inspections;

             (2) Submission of plans and specifications;

             (3) Remedies to dealers and consumers of travel trailers or commercial coaches which do not comply with applicable standards; and

             (4) Revocation for cause, upon notice and hearing, of the right of a manufacturer to sell travel trailers or commercial coaches in this state for use in this state.

      2.  May adopt and enforce regulations pertaining to the safety and construction standards for the installation, support and tiedown of mobile homes or commercial coaches which are designed to protect the health and safety of occupants of mobile homes or commercial coaches against uplift, sliding, rotation and overturning, subject to the following provisions:

      (a) Safety standards shall be reasonably consistent with nationally recognized standards for placement, support and tiedown of mobile homes or commercial coaches.

      (b) The director may designate wind pressure zones in which the rules for tiedown of mobile homes or commercial coaches apply.

      (c) The director may develop and administer a program providing for issuance of a safety certificate of compliance and a safety seal.


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ê1977 Statutes of Nevada, Page 1458 (Chapter 573, SB 474)ê

 

      (d) This section does not require that connection of utilities from terminals provided on a lot to the mobile home or commercial coach be performed by a person licensed by the department of commerce.

      3.  May adopt regulations pertaining to the alteration of plumbing, heating or electrical systems of a mobile home or commercial coach which bears:

      (a) Insignia of approval issued by this state or any other state which the commission finds has a competent inspection program;

      (b) A label of compliance issued by a firm licensed under this chapter; or

      (c) Insignia of approval issued by the Federal Government.

      4.  May adopt regulations pertaining to the transportation of any mobile home from one site to another within this state, consistent with law and with regulations adopted by the department of highways.

      5.  May adopt regulations pertaining to the construction and installation of mobile home accessory buildings, structures and air-conditioning consistent with nationally recognized construction standards, except where those standards conflict with the standards adopted under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.) and would prevent enforcement of that act in this state.

      6.  May adopt regulations pertaining to the body and frame design, construction requirements and plumbing, heating and electrical systems of mobile homes, travel trailers or commercial coaches manufactured:

      (a) Prior to January 1, 1968; and

      (b) Between January 1, 1968 and July 1, 1973,

and shall adopt such regulations for mobile homes, travel trailers or commercial coaches manufactured after July 1, 1973, and before June 15, 1976.

      7.  Shall adopt regulations providing for fees for:

      (a) Certificates and labels of compliance;

      (b) Safety certificates and seals;

      (c) Plan checks;

      (d) Inspections of manufacturing plants;

      (e) Licenses for firms permitting them to issue labels of compliance;

      (f) Licenses of servicemen and installers; and

      (g) Other services of the department.

      8.  Every city or county building department shall enforce all regulations adopted pursuant to this chapter and make all inspections in their respective jurisdictions required by such regulations pertaining to the setup, tiedown and installation of mobile homes or commercial coaches except as otherwise provided in this subsection. If any city or county building department elects not to enforce or fails to enforce the regulations or the inspections required thereunder, the department shall enforce the regulations and make the inspections in that jurisdiction and may engage an independent contractor to perform any inspection.

      Sec. 28.  NRS 489.290 is hereby amended to read as follows:

      489.290  Any firm may apply to the [division] department for approval of an application for a license to issue labels of compliance pursuant to the provisions of this chapter.

      Sec. 29.  NRS 489.300 is hereby amended to read as follows:


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

ê1977 Statutes of Nevada, Page 1459 (Chapter 573, SB 474)ê

 

      489.300  1.  If the [division,] department, after reasonable notice and opportunity for a hearing, is satisfied that the applicant meets the qualifications prescribed for [such] a license pursuant to the provisions of this chapter, it shall issue a license to [such] the applicant.

      2.  The license is valid for a period of 12 consecutive months and may be renewed for like consecutive periods upon application to and approval by the [division.] department.

      Sec. 30.  NRS 489.310 is hereby amended to read as follows:

      489.310  Any license issued to a firm pursuant to the provisions of this chapter may be suspended or revoked if the [division] department determines after notice and hearing that the licensee:

      1.  Is insolvent, not competent, not independent or untrustworthy;

      2.  Has made false statements in his application to the [division] department for license;

      3.  Has failed or neglected to perform evaluations, testing or manufacturing inspections according to proposed plans and procedures submitted to the [division] department or has failed to comply with any [rules or] regulations promulgated by the [division;] department; or

      4.  Has repeatedly, specifically or impliedly authorized the attachment of its label of compliance to mobile homes, travel trailers or commercial coaches which did not meet the standards [, rules] or regulations prescribed pursuant to the provisions of this chapter at the time [such] the labels were attached.

      Sec. 31.  NRS 489.320 is hereby amended to read as follows:

      489.320  1.  The [division] department may [make and promulgate] adopt reasonable [rules and] regulations governing the initial and followup manufacturing inspection practices and procedures to be performed by any firm granted a license to issue a label of compliance pursuant to the provisions of this chapter.

      2.  The reasonable expense incurred by the examiner in making [such] a followup inspection shall be borne by the licensee whose operations are examined.

      Sec. 32.  NRS 489.340 is hereby amended to read as follows:

      489.340  1.  It is unlawful for any person knowingly to manufacture, sell or offer for sale any mobile home [or] , travel trailer or commercial coach in this state which has been constructed after July 1, 1973, unless [such] the mobile home, [its] travel trailer or commercial coach and the components and systems, have been constructed and assembled according to the standards prescribed pursuant to the provisions of this chapter.

      2.  It is unlawful for any person knowingly to manufacture, sell or offer for sale any mobile home or commercial coach which has been constructed after June 15, 1976, unless the mobile home or commercial coach and its components and systems have been constructed and assembled according to the standards prescribed pursuant to the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.).

      Sec. 33.  NRS 489.350 is hereby amended to read as follows:

      489.350  A mobile home or travel trailer which bears a seal or other [certification] certificate by another state which the director finds has a competent inspection program or a label of compliance issued by a firm licensed under NRS 489.290 to 489.320, inclusive, that the plumbing, heating and electrical systems, body and frame design and construction requirements of [such] the mobile home or travel trailer are installed in compliance with the American National Standards or its equivalent shall be deemed to meet the requirements of this state, and the [division] department or persons authorized by it shall issue a seal upon application and proof that the mobile home or travel trailer meets the requirements of this chapter.


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

ê1977 Statutes of Nevada, Page 1460 (Chapter 573, SB 474)ê

 

by a firm licensed under NRS 489.290 to 489.320, inclusive, that the plumbing, heating and electrical systems, body and frame design and construction requirements of [such] the mobile home or travel trailer are installed in compliance with the American National Standards or its equivalent shall be deemed to meet the requirements of this state, and the [division] department or persons authorized by it shall issue a seal upon application and proof that the mobile home or travel trailer meets the requirements of this chapter.

      Sec. 34.  NRS 489.360 is hereby amended to read as follows:

      489.360  1.  Every mobile home or travel trailer manufactured after January 1, 1968, and prior to July 1, 1973, which is sold or offered for sale in this state shall bear a seal issued by the State of Nevada certifying that the plumbing, heating and electrical systems requirements of [such] the mobile home or travel trailer are installed in compliance with the American National Standards for mobile homes or travel trailers, as the case may be, applicable at the time of manufacture.

      2.  Every mobile home [or travel trailer] manufactured after July 1, 1973, but before June 15, 1976, and every travel trailer manufactured after July 1, 1973, which is sold or offered for sale in this state shall bear a seal issued by the State of Nevada certifying that the plumbing, heating, electrical systems, body and frame design and construction requirements of [such] the mobile home or travel trailer are installed in compliance with the American National Standards for mobile homes or travel trailers, as the case may be, applicable at the time of manufacture.

      Sec. 35.  NRS 489.380 is hereby amended to read as follows:

      489.380  1.  There is hereby created the mobile home and travel trailer fund.

      2.  All fees collected pursuant to the provisions of this chapter shall be deposited into the mobile home and travel trailer fund and all expenses of the [mobile home and travel trailer section of the division] enforcement of this chapter shall be paid from such fund.

      3.  The mobile home and travel trailer fund shall not be used for any purpose, except the regulation of mobile homes [and] , travel trailers [.] and commercial coaches.

      4.  Upon approval by the [state fire marshal,] director, claims against the fund shall be paid in the same manner as other claims against the state are paid.

      Sec. 36.  NRS 489.390 is hereby amended to read as follows:

      489.390  Any mobile home [or] , travel trailer or commercial coach for which a seal has been issued pursuant to the provisions of this chapter is not required to comply with any local building codes or ordinances prescribing standards for plumbing, heating, electrical systems, body and frame design and construction requirements.

      Sec. 37.  NRS 489.400 is hereby amended to read as follows:

      489.400  Any person who knowingly sells or offers to sell in this state any mobile home [or] , travel trailer or commercial coach for which a seal is required under this chapter, which does not bear [such] a seal, [is guilty of a misdemeanor.] is liable for the penalties provided in NRS 489.500.

      Sec. 38.  NRS 489.410 is hereby amended to read as follows:


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

ê1977 Statutes of Nevada, Page 1461 (Chapter 573, SB 474)ê

 

      489.410  1.  No person may engage in the business of a new or used mobile home dealer, manufacturer, [or] rebuilder, mobile home serviceman or mobile home installer in this state, or be entitled to any other license or permit required by this chapter or chapter 482 of NRS until he has applied for and has been issued a dealer’s, manufacturer’s, [or] rebuilder’s, serviceman’s or installer’s license [certificate by the division.] by the department.

      2.  The [division] department shall investigate any applicant for a [dealer’s, manufacturer’s or rebuilder’s] license and complete an investigation report on a form provided by the [division.] department.

      Sec. 39.  NRS 489.420 is hereby amended to read as follows:

      489.420  1.  Applications for a manufacturer’s, dealer’s, [or] rebuilder’s, serviceman’s or installer’s license shall be filed upon forms supplied by the [division,] department, and the applicant shall furnish:

      (a) Such proof as the [division] department may deem necessary that the applicant is a manufacturer, dealer, [or] rebuilder [.] , serviceman or installer.

      (b) Such proof as the [division] department may require that the applicant has an established place of business for the sale and display of mobile homes in the state.

      (c) In the case of a dealer of new mobile homes, an instrument in the form prescribed by the [division] department executed by or on behalf of the manufacturer certifying that the applicant is an authorized franchise dealer for the make or makes concerned.

      (d) [A] With an application for a manufacturer’s, dealer’s or rebuilder’s license, a good and sufficient bond in the amount of $10,000 with a corporate surety thereon, [duly] licensed to do business within the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a manufacturer, dealer or rebuilder without fraud or fraudulent representation, and without violations of the provisions of this chapter and chapter 482 of NRS:

             (1) The undertaking on the bond shall be deemed to include and shall include any fraud or fraudulent representation or violation of any of the provisions of this chapter or chapter 482 of NRS by the salesman of any licensed dealer or rebuilder acting for the dealer or rebuilder on his behalf and within the scope of the employment of such salesman.

             (2) The bond shall provide that any person injured by the action of the dealer, rebuilder, manufacturer or salesman in violation of any provisions of this chapter or chapter 482 of NRS may bring an action on the bond.

      (e) A reasonable fee fixed by the [state fire marshal pursuant to the provisions of the Nevada Administrative Procedure Act.] director by regulation.

      (f) Such additional requirements as the [division] department may from time to time prescribe by regulation.

      2.  The department may require oral or written examinations of applicants for licenses as servicemen or installers.

      3.  Upon receipt of [such] an application and when satisfied that the applicant is entitled thereto, the [division] department shall issue to the applicant a dealer’s, manufacturer’s, [or] serviceman’s, installer’s or rebuilder’s license certificate containing the applicant’s name and the address of his fixed place of business.


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

ê1977 Statutes of Nevada, Page 1462 (Chapter 573, SB 474)ê

 

rebuilder’s license certificate containing the applicant’s name and the address of his fixed place of business. [Such] Each license expires on December 31 of each year.

      Sec. 40.  NRS 489.430 is hereby amended to read as follows:

      489.430  1.  The division may deny [the issuance of] or revoke a manufacturer’s, dealer’s, [or] serviceman’s, installer’s or rebuilder’s license upon any of the following grounds:

      (a) Failure of the applicant to have an established place of business in this state.

      (b) [That the applicant or licensee has been convicted] Conviction of a felony in the State of Nevada or any other state, territory or nation.

      (c) Material misstatement in the application.

      (d) Evidence of unfitness of the applicant or licensee.

      (e) Failure or refusal to furnish and keep in force any bond [.] required by this chapter.

      (f) [Failure on the part of such licensee to maintain a fixed place of business in this state.] Evidence of financial insolvency of the applicant or licensee.

      (g) Failure or refusal by a licensee to pay or otherwise discharge any final judgment [against such licensee] rendered and entered against him, arising out of the [misrepresentation of any mobile home or out of any fraud committed in connection with the sale of any mobile home.] conduct of his business licensed under this chapter.

      (h) Failure of the licensee to maintain any other license or bond required by any political subdivision of this state.

      2.  The [division shall not be] department is not limited to the above grounds but may deny [the issuance of] a license to an applicant or revoke a license already issued if [the division] it is satisfied that the applicant or licensee is not entitled thereto.

      Sec. 41.  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 director in writing for a hearing.

      2.  Upon filing the petition, a date for hearing shall be fixed.

      3.  Within [10] 20 days after the hearing, the director or his representative shall make written findings of fact and conclusions and shall either grant or finally deny the application or revoke or continue the license.

      4.  Notwithstanding the provisions of subsections 1 to 3, inclusive, the director or his representative may, if he 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. 42.  NRS 489.460 is hereby amended to read as follows:

      489.460  1.  No mobile home dealer, [or] rebuilder, serviceman or installer may intentionally publish, display or circulate any advertising which is misleading or inaccurate in any material particular or which misrepresents any of the products sold, manufactured, handled or furnished to the public.


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

ê1977 Statutes of Nevada, Page 1463 (Chapter 573, SB 474)ê

 

      2.  The [division,] department, after hearing, may adopt [such rules and] regulations [as may be] necessary for [making] the administration of this section. [effective. Such rules and] The regulations shall become effective upon [such] approval by the legislative commission as [may be] provided by law.

      Sec. 43.  NRS 489.470 is hereby amended to read as follows:

      489.470  1.  [No] A person shall not engage in the activity of a mobile home salesman in the State of Nevada without first having received a license from the [division.] department. Before issuing a license to engage in the activity of a salesman, the [division] department shall require:

      (a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesman, his residence address, and the name and address of his employer.

      (b) Proof of the employment of [such] the applicant by a licensed and bonded mobile home dealer or rebuilder at the time [such] the application is filed.

      (c) A statement as to whether any previous application of the applicant has been denied or license revoked.

      (d) Payment of a reasonable nonrefundable license fee established [pursuant to the Nevada Administrative Procedure Act. Such] by the director by regulation. The licenses shall expire on December 31 of each year.

      (e) Such other information as the [division may deem] department deems necessary.

      2.  A salesman’s license may be denied or revoked upon the following grounds:

      (a) Failure of the applicant to establish by proof satisfactory to the [division] department that he is employed by a licensed and bonded mobile home dealer or rebuilder.

      (b) Conviction of a felony.

      (c) Conviction of a misdemeanor for violation of any of the provisions of this chapter or chapter 482 of NRS.

      (d) Falsification of the application.

      (e) Any reason determined by the [division] department to be in the best interests of the public.

      3.  A mobile home salesman may not engage in sales activity other than for the account of or for and in behalf of a single employer [, who shall be] who is a licensed mobile home dealer or rebuilder.

      4.  A salesman’s license issued [hereunder] under this section may be transferred to another mobile home dealer or rebuilder upon application and the payment of a transfer fee of $2. [However, when] When a salesman holding a current salesman’s license leaves the employment of one dealer or rebuilder for that of another, the new employer may [immediately] employ the salesman pending the transfer of the salesman’s license to his dealership or rebuilding business [but] if the transfer [must be] is completed within 10 days.

      5.  A salesman’s license [must] shall be posted in a conspicuous place on the premises of the mobile home dealer or rebuilder for whom he is licensed to sell mobile homes.


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

ê1977 Statutes of Nevada, Page 1464 (Chapter 573, SB 474)ê

 

      6.  [In the event that] If a salesman ceases to be employed by a licensed and bonded mobile home dealer or rebuilder, his license to act as a salesman [shall be] is automatically suspended and his right to act as a salesman shall thereupon immediately cease, and he shall not engage in the activity of a salesman until reemployed by a licensed and bonded mobile home dealer or rebuilder. Every licensed salesman shall report in writing to the [division] department every change in his residence address, place of employment, or termination of employment within 5 days of the date of making [such] the change.

      Sec. 43.5.  NRS 489.490 is hereby amended to read as follows:

      489.490  It is unlawful for any person to sell any new mobile home [or recreational vehicle] in this state unless he [is a franchised dealer.] has a franchise, in form approved by the department, from a manufacturer of mobile homes.

      Sec. 44.  NRS 489.500 is hereby amended to read as follows:

      489.500  [Unless otherwise provided by NRS, any person violating] 1.  Except as provided in subsection 6, any person who violates any of the provisions of this chapter [is guilty of a misdemeanor.] is liable to the State of Nevada for a civil penalty of not more than $1,000 for each violation. Each violation of this chapter or any regulation or order issued thereunder constitutes a separate violation with respect to each mobile home or commercial coach and with respect to each failure or refusal to allow or perform an act required by this chapter or a regulation or order, except that the maximum civil penalty is $1,000,000 for any related series of violations occurring within 1 year of the date of the first violation.

      2.  Prior to the adoption of any rule for which a civil penalty may be imposed for violation, the director shall give at least 30 days’ written notice to every licensed mobile home or commercial coach dealer or manufacturer, installer or serviceman and to every other interested party who has requested such notice.

      3.  An action to enforce a civil penalty which may total more than $300 shall be brought in the district court for the county in which the violation occurred, or in which the defendant has his principal place of business.

      4.  The money collected in civil penalties shall be deposited with the state treasurer for credit to the state general fund.

      5.  Any person who knowingly or willfully violates any of the provisions of this chapter is guilty of a misdemeanor.

      6.  This section does not apply to a dealer, manufacturer or rebuilder of travel trailers.

      7.  Any person who violates any provision of this chapter relating to travel trailers is guilty of a misdemeanor.

      Sec. 45.  NRS 477.013 is hereby amended to read as follows:

      477.013  1.  The state fire marshal is authorized to appoint, within the limits of legislative appropriations, deputies and such staff as is necessary to the performance of his duties.

      2.  [The state fire marshal may appoint, to the extent permitted by the funds available in the mobile home and travel trailer section fund, such additional deputies and other personnel as are necessary for the administration of chapter 489 of NRS.


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

ê1977 Statutes of Nevada, Page 1465 (Chapter 573, SB 474)ê

 

additional deputies and other personnel as are necessary for the administration of chapter 489 of NRS.

      3.]  The deputies and additional personnel appointed by the state fire marshal [pursuant to subsections 1 and 2] are in the classified service of the state in accordance with the provisions of chapter 284 of NRS.

      Sec. 46.  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] adopt 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. 47.  NRS 489.124 and 489.156 are hereby repealed.


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

ê1977 Statutes of Nevada, Page 1466 (Chapter 573, SB 474)ê

 

      Sec. 48.  1.  Sections 26, 27 and 33 of this act shall become effective at 12:01 a.m. on July 1, 1977.

      2.  The remaining sections of this act shall become effective on July 1, 1977.

      3.  Section 41 of this act shall become effective at 12:02 a.m. on July 1, 1977.

 

________

 

 

CHAPTER 574, AB 755

Assembly Bill No. 755–Committee on Ways and Means

CHAPTER 574

AN ACT making appropriations from the general fund, the state highway fund, the state insurance fund and the fish and game fund in the state treasury for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1977, and ending June 30, 1978, and beginning July 1, 1978, and ending June 30, 1979; making supplemental appropriations for the support of certain state officers and agencies for the fiscal year ending June 30, 1977; and providing other matters properly relating thereto.

 

[Approved May 16, 1977]

 

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

do enact as follows:

 

      Section 1.  The following sums are hereby appropriated from the general fund in the state treasury for the purposes hereinafter expressed and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 1977, and ending June 30, 1978, and beginning July 1, 1978, and ending June 30, 1979.

 

                                                                                                  1977–78                                                                                                  1978–79

      Sec. 2.  The Office and Mansion of the Governor.

             For the support of the office of the governor...        $401,270............................................................... $449,560

             For the support of the governor’s mansion.......            81,195............................................................... 88,359

             For the support of the office of the extradition clerk               ............................................................... 101,100............................................................... 111,300

             For the support of the office of the governor’s advisory council on children and youth.........               3,000............................................................... 3,000

             For the support of the office of community services               ............................................................... 15,000............................................................... 15,000

             For the support of the office of comprehensive statewide planning...............................................            81,504............................................................... 82,186

      Sec. 3.  The Office of Lieutenant Governor.

             For the support of the office of lieutenant governor                ............................................................... 36,253............................................................... 52,043

 


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

ê1977 Statutes of Nevada, Page 1467 (Chapter 574, AB 755)ê

 

                                                                                                  1977–78                                                                                                  1978–79

      Sec. 4.  The Office of Attorney General.

             For the support of the office of attorney general                       ............................................................... $806,088............................................................... $824,188

             For the special fund of the attorney general.....              35,000............................................................... 35,000

      Sec. 5.  The Office of Secretary of State.

             For the support of the office of secretary of state                      ............................................................... 441,134............................................................... 528,521

             For the support of the archives division............              76,949............................................................... 90,373

      Sec. 6.  The Office of State Treasurer.

             For the support of the office of state treasurer            174,933............................................................... 185,588

      Sec. 7.  The Office of State Controller.

             For the support of the office of the state controller                   ............................................................... 894,419............................................................... 927,876

      Sec. 8.  Department of Administration.

      The following sums are hereby appropriated for the support of:

             Budget division......................................................            433,461............................................................... 470,462

             Personnel division..................................................            115,041............................................................... 116,604

             Merit award board.................................................                 5,500............................................................... 5,500

             Insurance premium revolving fund....................                 5,500............................................................... 5,500

             Clear Creek youth center.....................................            102,961............................................................... 97,886

      Sec. 9.  Department of General Services.

      The following sums are hereby appropriated for the support of:

             Records management services section of the state printing and records division...........................              39,061............................................................... 39,831

             Buildings and grounds division...........................              17,955............................................................... 18,133

             Commodity food program..................................              10,000............................................................... 10,000

             Central data processing division.........................              37,500............................................................... 37,500

      Sec. 10.  Department of Economic Development.

             For the support of the department of economic development...............................................................            449,528............................................................... 447,728

             For the support of the Nevada magazine.........              50,472............................................................... 52,272

             For the support of the Four Corners Regional Commission     ............................................................... 20,000 20,000

      Sec. 11.  State Public Works Board.

             For the support of the state public works board                         ............................................................... 488,154............................................................... 499,977

 


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

ê1977 Statutes of Nevada, Page 1468 (Chapter 574, AB 755)ê

 

                                                                                                  1977–78                                                                                                  1978–79

      Sec. 12.  Department of Taxation.

             For the support of the department of taxation      $3,081,005............................................................... $3,130,511

      Sec. 13.  Nevada Commissioner for Veteran Affairs.

             For the support of the Nevada commissioner for veteran affairs...................................................            137,602............................................................... 142,301

      Sec. 14.  Nevada Equal Rights Commission.

             For the support of the Nevada equal rights commission           ............................................................... 345,623............................................................... 352,515

      Sec. 15.  Indian Affairs Commission.

             For the support of the Indian affairs commission                      ............................................................... 81,868 84,175

      Sec. 16.  Employee-Management Relations Board.

             For the support of the employee-management relations board....................................................              64,119............................................................... 67,059

      Sec. 17.  Legislative Fund.

             For the support of the legislative commission..            275,515............................................................... 245,758

             For the support of the audit division of the legislative counsel bureau..................................................            468,658............................................................... 488,876

             For the support of the legal division of the legislative counsel bureau..................................................            872,638............................................................... 1,011,687

             For the support of the research division of the legislative counsel bureau....................................            225,158............................................................... 235,711

             For the support of the fiscal analysis division of the legislative counsel bureau.................            189,379............................................................... 208,243

             For the support of the legislative counsel bureau consumer price index adjustment......................            111,617............................................................... 157,040

      Sec. 18.  Supreme Court of Nevada.

             For the support of the supreme court of Nevada                       ............................................................... 1,030,425............................................................... 1,092,224

             For the support of the state board of pardons commissioners ............................................................... 15,794 13,500

             For the support of the law library.......................            187,401............................................................... 196,866

             For the support of the commissions on judicial selection and discipline..............................................              17,100............................................................... 18,200

             For the support of the retired justice duty fund......................... ............................................................... 25,000 25,000

 


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

ê1977 Statutes of Nevada, Page 1469 (Chapter 574, AB 755)ê

 

                                                                                                  1977–78                                                                                                  1978–79

      Sec. 19.  District Judges’ Travel.

             For the support of district judges’ travel............            $40,580............................................................... $40,580

      Sec. 20.  District Judges’ Salaries and Judicial Pensions.

             For the support of district judges’ salaries and pensions of justices, judges and widows..............            957,172............................................................... 1,185,771

      Sec. 21.  Public Defender.

             For the support of the office of public defender                         ............................................................... 108,693............................................................... 108,046

      Sec. 22.  State Department of Education.

      The following sums are hereby appropriated for the support of:

             Education administration....................................            736,845............................................................... 749,180

             Vocational education...........................................            504,404............................................................... 504,405

             Automobile driver education...............................            200,000............................................................... 204,000

             School lunch program...........................................            264,000............................................................... 360,000

             Adult basic education...........................................              15,030............................................................... 15,030

             Higher education student loan............................              20,000............................................................... 20,000

             Care of visually and aurally handicapped.......            259,000............................................................... 312,000

      Sec. 23.  Commission on Postsecondary Institutional Authorization.

             For the support of the commission on postsecondary institutional authorization................              40,454............................................................... 42,304

      Sec. 24.  University of Nevada System.

      The following sums are hereby appropriated for the support of:

             System administration..........................................            535,725............................................................... 560,211

             Community college administration....................              65,188............................................................... 66,052

             University press......................................................            127,445............................................................... 133,522

             Statewide programs—UNR.................................         1,250,569............................................................... 1,307,214

             Intercollegiate athletics—UNR...........................            543,791............................................................... 573,700

             Statewide programs—UNLV...............................            206,619............................................................... 218,494

             Intercollegiate athletics—UNLV.........................            543,791............................................................... 573,700

             Agricultural experiment station...........................         1,796,098............................................................... 1,881,591

             Cooperative extension services...........................         1,271,808............................................................... 1,316,929

             System computing center.....................................         1,372,714............................................................... 1,427,444

             Desert research institute........................................            884,785............................................................... 917,393

             National direct student loan................................            100,000............................................................... 100,000

             University of Nevada, Reno................................      15,514,070............................................................... 17,082,528

             School of medical sciences, UNR.......................         1,109,646............................................................... 1,463,858

             University of Nevada, Las Vegas.......................      12,289,681............................................................... 13,691,442

             Clark County community college......................         3,335,122............................................................... 3,617,072

             Western Nevada community college.................         2,817,211............................................................... 3,178,880

 


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

ê1977 Statutes of Nevada, Page 1470 (Chapter 574, AB 755)ê

 

                                                                                                  1977–78                                                                                                  1978–79

             Northern Nevada community college................          $620,441............................................................... $673,870

             Board of examiners for Clark County community college reserve for growth...............................                           ............................................................... 155,505

      Sec. 25.  Western Interstate Commission for Higher Education.

             For the support of the western interstate commission for higher education.................................         1,096,161............................................................... 1,147,036

      Sec. 26.  Nevada Historical Society.

             For the support of the Nevada historical society                        ............................................................... 156,994............................................................... 161,921

      Sec. 27.  Nevada State Museum.

             For the support of the Nevada state museum..            383,284............................................................... 394,232

             For the support of the Lost City museum.........              60,708............................................................... 65,637

      Sec. 28.  Nevada Council on the Arts.

             For the support of the Nevada council on the arts                     ............................................................... 88,356 88,828

      Sec. 29.  Nevada State Library.

             For the support of the Nevada state library......            566,574............................................................... 592,037

             For the support of library cooperation...............            123,676............................................................... 126,365

      Sec. 30.  Department of Human Resources.

      The following sums are hereby appropriated for the support of:

             Office of director of human resources...............            288,541............................................................... 295,554

             Aging services division..........................................            205,665............................................................... 219,214

             Northern Nevada children’s home.....................            535,092............................................................... 544,594

             Southern Nevada children’s home.....................            533,436............................................................... 541,566

             Nevada youth training center..............................         1,937,782............................................................... 1,998,442

             Spring Mountain youth camp.............................            288,000............................................................... 288,000

             Probation subsidies................................................            629,370............................................................... 629,370

             Nevada girls training center.................................         1,452,203............................................................... 1,640,081

             Youth parole...........................................................            419,375............................................................... 426,570

             Boys’ school-girls’ school outside agency care            169,830............................................................... 169,830

             Youth parolee foster homes................................              50,400............................................................... 53,700

             Health planning and resources............................              49,289............................................................... 65,747

             Developmental disabilities...................................              10,000............................................................... 10,000

             Home of the Good Shepherd..............................            255,000............................................................... 255,000

             Health division

                   Office of state health officer........................            212,026............................................................... 219,771

                   Vital statistics...................................................            241,964............................................................... 255,633

                   Drinking water program.................................            128,201............................................................... 136,702

                   Bureau of health facilities.............................            118,712............................................................... 122,703

 


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

ê1977 Statutes of Nevada, Page 1471 (Chapter 574, AB 755)ê

 

                                                                                                  1977–78                                                                                                  1978–79

                   Family planning project.................................              $2,078............................................................... $2,472

                   Bureau of laboratory and research.............            434,018............................................................... 431,585

                   Maternal, child, school and special children’s services       ............................................................... 1,814,130............................................................... 2,190,384

                   Bureau of community health services........            315,186............................................................... 332,926

                   Health aid to counties....................................            396,157............................................................... 396,157

                   Emergency medical services.........................            133,457............................................................... 140,841

                   Consumer protection......................................            269,411............................................................... 278,578

                   Environmental protection.............................            405,577............................................................... 425,623

                   Silicosis program.............................................              25,423............................................................... 25,423

                   Tuberculosis control.......................................            120,100............................................................... 134,610

                   Dental health...................................................            318,327............................................................... 330,197

             Mental hygiene and mental retardation division

                   Administration.................................................            312,644............................................................... 310,609

                   Nevada mental health institute....................         4,683,059............................................................... 4,799,078

                   Facility for the mental offender...................            778,670............................................................... 796,901

                   Reno mental health center............................            502,557............................................................... 510,702

                   Rural clinics......................................................            584,820............................................................... 623,265

                   Las Vegas mental health center...................         1,483,529............................................................... 1,380,060

                   Henderson mental health center..................            276,108............................................................... 278,268

                   Children’s behavioral services—Las Vegas                          ............................................................... 502,583............................................................... 534,715

                   Children’s behavioral services—Washoe County               ............................................................... 497,492............................................................... 434,615

                   Mental retardation..........................................            221,958............................................................... 226,104

                   Desert development center............................         1,095,902............................................................... 1,142,212

                   Sierra development center.............................         1,640,168............................................................... 1,683,295

                   Community training center...........................            494,030............................................................... 556,624

                   Foster grandparents program........................              39,240............................................................... 39,050

                   Resident placement........................................              61,831............................................................... 106,187

             Welfare division

                   Administration.................................................         2,875,486............................................................... 2,953,838

                   Aid to dependent children.............................         5,220,000............................................................... 5,220,000

                   Assistance to aged and blind........................         2,609,184............................................................... 2,681,541

                   Medical care unit............................................         8,952,641............................................................... 10,303,699

                   Food stamp program......................................         1,281,642............................................................... 1,330,941

                   Work incentive program................................              49,805............................................................... 49,805

                   Homemaking services....................................              73,901............................................................... 77,614

                   Child protection program..............................              23,937............................................................... 24,346

                   Child welfare services.....................................            980,465............................................................... 1,098,509

                   Child support enforcement program...........              50,000............................................................... 50,000

             Rehabilitation division

                   Vocational rehabilitation...............................            990,131............................................................... 1,159,914

                   Social services—vocational rehabilitation.              74,732............................................................... 78,324

 


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

ê1977 Statutes of Nevada, Page 1472 (Chapter 574, AB 755)ê

 

                                                                                                  1977–78                                                                                                  1978–79

                   Services to the blind........................................          $442,002............................................................... $506,526

                   Social services for the blind...........................              32,356............................................................... 34,970

                   Alcohol and drug abuse rehabilitation........            534,633............................................................... 613,111

                   Committee to hire the handicapped............              64,558............................................................... 66,739

      Sec. 31.  Department of the Military.

             For the support of the department of the military                      ............................................................... 481,391............................................................... 491,788

             For the support of National Guard benefits......              55,452............................................................... 55,452

             For the support of the civil defense and disaster agency          ............................................................... 61,380 61,406

      Sec. 32.  Nevada State Prison.

             For the support of the office of director............            984,376............................................................... 988,658

             For the support of the Nevada state prison......         2,651,625............................................................... 2,530,929

             For the support of the northern Nevada correctional center    ............................................................... 3,523,708............................................................... 3,862,980

             For the support of the southern Nevada correctional center    ............................................................... 1,143,023............................................................... 2,596,095

             For the support of the Nevada women’s correctional center   ............................................................... 377,543............................................................... 382,486

      Sec. 33.  Department of Parole and Probation.

             For the support of the department of parole and probation    ............................................................... 2,040,219............................................................... 2,266,247

      Sec. 34.  Parole Board.

             For the support of the parole board...................            120,841............................................................... 117,284

      Sec. 35.  Commission on Crimes, Delinquency and Correction.

      The following sums are hereby appropriated for the support of:

             Commission on crimes, delinquency, corrections, planning and training.........................................              99,209............................................................... 109,546

             Peace officer standards and training program.              60,200............................................................... 60,200

             Federal grants, crime commission......................              34,125............................................................... 34,125

             Identification and communications division...            236,420............................................................... 228,447

             Investigations and narcotics division.................            976,699............................................................... 1,026,277

      Sec. 36.  Department of Commerce.

      The following sums are hereby appropriated for the support of:

             Office of the director.............................................            165,528............................................................... 171,014

             Insurance division.................................................            858,543............................................................... 876,475

 


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

ê1977 Statutes of Nevada, Page 1473 (Chapter 574, AB 755)ê

 

                                                                                                  1977–78                                                                                                  1978–79

             Fire marshal............................................................            $29,314...............................................................

             Banking division....................................................            244,581............................................................... $244,524

             Savings and loan division....................................            114,608............................................................... 113,495

             Consumer affairs division....................................            254,541............................................................... 265,708

             Real estate division...............................................            640,447............................................................... 666,017

      Sec. 37.  Labor Commissioner.

             For the support of the labor commissioner.......            329,300............................................................... 333,893

      Sec. 38.  Nevada Industrial Commission.

             For the support of the inspector of mines.........              48,140............................................................... 48,450

      Sec. 39.  State Department of Conservation and Natural Resources.

      The following sums are hereby appropriated for the support of:

             Office of the director.............................................            259,665............................................................... 258,738

             State environmental commission.......................              36,095............................................................... 35,869

             Conservation districts...........................................              37,208............................................................... 38,365

             Division of state lands..........................................            141,980............................................................... 166,191

             Tahoe regional planning agency.........................              50,000............................................................... 50,000

             Division of historic preservation and archeology                       ............................................................... 84,511 85,395

             Division of mineral resources..............................                 1,500............................................................... 1,500

             Division of water resources..................................            777,576............................................................... 781,096

             California-Nevada compact commission.........                 3,000............................................................... 3,000

             Division of state parks

                   Park administration........................................         1,706,559............................................................... 1,657,850

                   Park planning and development..................            234,036............................................................... 236,569

                   Acquisition, grants and statewide projects.              78,261............................................................... 100,353

                   Virginia and Truckee railroad.......................                 9,050............................................................... 9,050

             Division of forestry

                   Forestry division..............................................            663,786............................................................... 693,350

                   Forestry nurseries............................................              56,169............................................................... 40,050

                   Forest fire suppression....................................            100,000............................................................... 100,000

             Committee on federal land laws.........................                 7,500............................................................... 7,500

             Division of water planning...................................              61,853............................................................... 60,733

      Sec. 40.  Department of Energy.

             For the support of the department of energy...            130,322............................................................... 149,453

             For the support of the state energy resources advisory board  ............................................................... 25,035 25,071

      Sec. 41.  Department of Fish and Game.

             For the support of the department of fish and game                 ............................................................... 20,000 22,000

 


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ê1977 Statutes of Nevada, Page 1474 (Chapter 574, AB 755)ê

 

                                                                                                  1977–78                                                                                                  1978–79

      Sec. 42.  State Department of Agriculture.

             For the support of the plant industry fund........          $969,260............................................................... $959,461

             For the support of the veterinary medical services                     ............................................................... 318,290............................................................... 301,948

      Sec. 43.  Nevada Junior Livestock Show Board.

             For the support of the Nevada junior livestock show board    ............................................................... 10,000 11,000

      Sec. 44.  State Predatory Animal and Rodent Control Committee.

             For the support of the state predatory animal and rodent control committee..............................            404,307............................................................... 410,644

      Sec. 45.  High School Rodeo Association.

             For the support of the high school rodeo association                ............................................................... 5,000     5,000

      Sec. 46.  Mining Cooperative Fund.

             For the support of the mining cooperative fund                         ............................................................... 175,000............................................................... 185,000

      Sec. 47.  Office of Traffic Safety.

             For the support of the office of traffic safety..                 9,749............................................................... 9,959

      Sec. 48.  State Board of Examiners.

             For the costs associated with the sale of general obligation bonds....................................................              20,000...............................................................

      Sec. 49.  Virginia City Historic District Commission.

             For the support of the Virginia City historic district commission.........................................                 6,000............................................................... 6,000

      Sec. 50.  Western Interstate Nuclear Board.

             For the support of the western interstate nuclear board            ............................................................... 15,000 15,000

      Sec. 51.  State Board of Examiners.

             For the payment of taxes by the state board of examiners pursuant to subsection 4 of NRS 361.055                ............................................................... 118,417............................................................... 118,417

      Sec. 52.  Group Insurance Committee.

             For the support of the group insurance committee                    ............................................................... 3,800     3,800

      Sec. 53.  Consolidated Bond Interest and Redemption Fund.

             For the support of the consolidated bond interest and redemption fund.................................         2,955,629............................................................... 3,149,555

 


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ê1977 Statutes of Nevada, Page 1475 (Chapter 574, AB 755)ê

 

                                                                                                  1977–78                                                                                                  1978–79

      Sec. 54.  The following sums are hereby appropriated from the state highway fund in the state treasury for the purposes hereinafter expressed for the fiscal years beginning July 1, 1977, and ending June 30, 1978, and beginning July 1, 1978, and ending June 30, 1979.

             Attorney General: Administrative fund.............          $258,082............................................................... $258,760

             Department of taxation.......................................              64,330............................................................... 69,476

             Office of traffic safety.........................................                 9,749............................................................... 9,959

             Department of motor vehicles

                   Director’s office...............................................            326,892............................................................... 321,744

                   Administrative services..................................         1,142,582............................................................... 1,216,179

                   Automation......................................................         1,208,437............................................................... 1,236,418

                   Law enforcement, highway patrol...............         3,062,378............................................................... 3,322,153

                   Driver’s license.................................................         1,086,600............................................................... 1,099,208

                   Motor carrier....................................................         1,175,756............................................................... 1,205,566

                   Registration......................................................         1,712,941............................................................... 1,740,763

             Public service commission...................................            408,020............................................................... 413,544

             State board of examiners for the payment of taxes by the state board of examiners pursuant to subsection 4 of NRS 361.055..................................              30,029............................................................... 30,029

      Sec. 55.  The following sums are hereby appropriated from the state insurance fund in the state treasury for the purpose hereinafter expressed for the fiscal years beginning July 1, 1977, and ending June 30, 1978, and beginning July 1, 1978, and ending June 30, 1979.

             State board of examiners for the payment of taxes by the state board of examiners pursuant to subsection 4 of NRS 361.055..................................                 4,985............................................................... 4,985

      Sec. 56.  The following sums are hereby appropriated from the fish and game fund in the state treasury for the purpose hereinafter expressed for the fiscal years beginning July 1, 1977, and ending June 30, 1978, and beginning July 1, 1978, and ending June 30, 1979.

             For the support of the state predatory animal and rodent control committee..............................              20,000............................................................... 20,000

      Sec. 57.  1.  Except as provided in subsection 3, the sums herein appropriated shall be:

 


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ê1977 Statutes of Nevada, Page 1476 (Chapter 574, AB 755)ê

 

      (a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and

      (b) Work programmed for the 2 separate fiscal years, 1977-78 and 1978-79, as required by NRS 353.215. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.

      2.  Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

      3.  Pursuant to law, sums appropriated for the support of the supreme court of Nevada and the legislative fund shall be excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.

      Sec. 58.  Notwithstanding any other provisions of this act, the sums appropriated to:

      1.  Care of visually and aurally handicapped (section 22);

      2.  Higher education student loan (section 22);

      3.  Board of examiners bond sale (section 48);

      4.  Forest fire suppression (section 39);

      5.  National guard benefits (section 31);

      6.  Tuberculosis control (section 30);

      7.  Maternal, child, school and special children’s services (section 30);

      8.  Aid to dependent children (section 30);

      9.  Assistance to aged and blind (section 30);

      10.  Medical care unit (section 30);

      11.  Food stamp program (section 30);

      12.  Child welfare services (section 30);

      13.  Consolidated bond interest redemption fund (section 53),

shall be available for both fiscal years 1977-78 and 1978-79, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.

      Sec. 59.  Notwithstanding any other provision of this act, the sums appropriated for 1977-78 to the federal grants, crime commission by section 35 shall not be encumbered or committed for expenditure after June 30, 1979, and the unexpended balance shall revert to the general fund in the state treasury. The sums appropriated for 1978-79 to the federal grants, crime commission by section 35 shall not be encumbered or committed for expenditure after June 30, 1980, and the unexpended balance shall revert to the general fund in the state treasury.

      Sec. 60.  Notwithstanding any other provision of this act, the sums appropriated to the legislative fund by section 17 for the support of the legislative commission and the various divisions of the legislative counsel bureau shall be available for both fiscal years 1977-78 and 1978-79, and may be transferred among the legislative commission and the various divisions of the legislative counsel bureau and from one fiscal year to another with the approval of the legislative commission upon the recommendation of the director of the legislative counsel bureau.


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

ê1977 Statutes of Nevada, Page 1477 (Chapter 574, AB 755)ê

 

another with the approval of the legislative commission upon the recommendation of the director of the legislative counsel bureau.

      Sec. 61.  The board of regents of the University of Nevada System shall establish one or two business centers for the business related functions of the various divisions in the University of Nevada System. To accomplish the establishment of business centers, the board of regents are authorized to transfer positions and funds from the appropriations made by section 24 for the system administration, community college administration, university press, statewide programs—UNR, intercollegiate athletics—UNR, intercollegiate athletics—UNLV, statewide programs—UNLV, agricultural experiment station, cooperative extension services, system computing center, desert research institute, University of Nevada, Reno, school of medical sciences, UNR, University of Nevada, Las Vegas, Clark County community college, Western Nevada community college, and Northern Nevada community college to a separate budget account or accounts established for a business center or centers.

      Sec. 62.  Notwithstanding any other provisions of this act, the sums appropriated to the Nevada state prison by section 32 of this act may be transferred among the various budget accounts of the Nevada state prison with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.

      Sec. 63.  Sums appropriated to the Tahoe regional planning agency by section 39 of this act may be used for the support of the Nevada Tahoe regional planning agency if the State of California does not provide continued support for the Tahoe regional planning agency.

      Sec. 64.  1.  Unencumbered balances of the appropriations herein made for the fiscal years 1977-78 and 1978-79 shall not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsection 2 of this section, unencumbered balances of these appropriations shall revert to the fund from which appropriated.

      2.  Any unencumbered balance of the appropriations made to the legislative fund by section 17 and the higher education student loan program by section 22 shall not revert to the general fund but shall constitute a balance carried forward.

      Sec. 65.  For the fiscal year ending June 30, 1977, there is hereby appropriated from the general fund in the state treasury:

      1.  The sum of $13,040 for the support of the supreme court of Nevada as an additional and supplemental appropriation to that allowed and made by section 19 of chapter 679, Statutes of Nevada 1975.

      2.  The sum of $40,668 for the support of the legislative counsel bureau as an additional and supplemental appropriation to that allowed and made by section 18 of chapter 679, Statutes of Nevada 1975.

      3.  The sum of $6,000 to the public employees’ retirement board to be expended for the administration of the legislators’ retirement system.

      Sec. 66.  This section and section 65 of this act shall become effective upon passage and approval. The remaining sections shall become effective on July 1, 1977.

 

________

 

 


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

ê1977 Statutes of Nevada, Page 1478ê

 

CHAPTER 575, SB 523

Senate Bill No. 523–Committee on Government Affairs

CHAPTER 575

AN ACT relating to the organization of state government; making technical corrections to Assembly Bill 278 of the 59th session of the Nevada legislature; resolving conflicts with bills of the same session; successively diminishing and abolishing the office of state fire marshal; and making an appropriation.

 

[Approved May 16, 1977]

 

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

do enact as follows:

 

      Section 1.  Section 14 of Assembly Bill No. 278 of the 59th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 14.  NRS 232.152 is hereby amended to read as follows:

       232.152  1.  The governor shall appoint 13 members to the committee as follows:

       (a) Each of 10 members shall be appointed to represent respectively each of the following entities and shall be chosen from a list of three lay persons recommended by each entity:

             (1) Advisory mining board.

             (2) Central committee of Nevada state grazing boards.

             (3) Nevada League of Cities.

             (4) State board of agriculture.

             (5) State board of fish and game commissioners.

             (6) State conservation commission.

             (7) State environmental commission.

             (8) Land use planning advisory council.

             (9) State park advisory commission.

             (10) Nevada association of county commissioners.

       (b) Each of three members shall be appointed to represent respectively the interests of each of the following:

             (1) Railroads and utilities.

             (2) Sportsmen.

             (3) Off-road vehicle enthusiasts.

       2.  The committee shall select one of its members to serve as chairman. The [assistant director provided for in NRS 232.157] administrator of the division of state lands shall serve as secretary but shall have no vote.

 

      Sec. 2.  Section 57 of Assembly Bill No. 278 of the 59th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 57.  NRS 321.740 is hereby amended to read as follows:

       321.740  1.  [There is hereby created a] The land use planning advisory council [.

       2.  The members of the council:

       (a) Shall be appointed by the governor, at least one from each county.

       (b) May represent urban and rural areas of the state.

       (c) May include members of city, county and regional planning commissions.

       3.  The governor shall fix:


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

ê1977 Statutes of Nevada, Page 1479 (Chapter 575, SB 523)ê

 

       (a) The number of members of the council at 17 or more.

       (b) The terms of members of the council at 4 years or less.

       4.  Those members of the council who are members of planning commissions or employees of this state or any of its political subdivisions shall be paid the per diem expense allowances and travel expenses provided by law for their respective positions by their respective planning commissions or governmental employers. Other members shall be paid such allowances and expenses by the state land use planning agency if money is lawfully available to it for this purpose.] , consisting of 17 members appointed by the governor is hereby created.

       2.  The governor shall appoint members who are elected officials or representatives of local political subdivisions, one member from each county.

       3.  Members are entitled to receive the travel expenses and subsistence allowances provided by law for their positions from the local political subdivisions.

 

      Sec. 3.  Section 360 of Assembly Bill No. 278 of the 59th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 360.  NRS 654.050 is hereby amended to read as follows:

       654.050  [There is hereby created the Nevada state board of examiners for nursing facility administrators.] The Nevada state board of examiners for nursing facility administrators, consisting of the director of the department of human resources or his designee and four members appointed by the governor, is hereby created within the department of human resources.

 

      Sec. 4.  Section 361 of Assembly Bill No. 278 of the 59th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 361.  NRS 654.060 is hereby amended to read as follows:

       654.060  [The board shall be composed of:

       1.  The director of the department of human resources or his designee; and

       2.  Four members appointed by the governor. Two of the appointed members shall be nursing facility administrators and the third and fourth appointed members shall be an administrator of a general hospital and a member of the medical profession or paramedical professions.] 1.  The governor shall appoint:

       (a) Two members who are nursing facility administrators.

       (b) One member who is a member of the medical or paramedical professions.

       (c) One member who is a representative of the general public.

       2.  The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.

 

      Sec. 5.  Section 371 of Assembly Bill No. 278 of the 59th session of the Nevada legislature is hereby amended to read as follows:

 

Sec. 371.  1.  NRS 180.020, 210.020, to 210.050, inclusive, 210.410 to 210.440, inclusive, 216.135 to 216.175, inclusive, 233D.010, 233D.040, 242.110, 242.210, 242.220, 315.790, 341.040, 381.040, 381.050, 383.050, 385.470 to 385.580, inclusive, 390.030, 390.050, 398.010 to 398.240, inclusive, 407.023, 414.050, 422.090, 422.100, 427A.141, 432A.130, 444.360 to 444.410, inclusive, 457.040 to 457.060, inclusive, 457A.010 to 457A.050, inclusive, 458.201 to 458.240, inclusive, 467.065 to 467.068, inclusive, 489.061, 489.160 to 489.260, inclusive, 501.087, 501.120 to 501.165, inclusive, 501.169, 501.173, 501.263, 512.105, 513.030, 513.040, 513.050, 513.090, 538.071, 539.637, 561.065, 562.080, 623.060, 624.060, 636.040, 636.045, 636.050, 636.055, 636.060, 636.065, 637A.070, 640.040, 641.050, 641.060, 641.150, 641A.120, 645.080, 653.010 to 653.210, inclusive, 654.070, 656.060, 673.003 and 673.0355 to 673.038, inclusive, are hereby repealed.


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

ê1977 Statutes of Nevada, Page 1480 (Chapter 575, SB 523)ê

 

233D.010, 233D.040, 242.110, 242.210, 242.220, 315.790, 341.040, 381.040, 381.050, 383.050, 385.470 to 385.580, inclusive, 390.030, 390.050, 398.010 to 398.240, inclusive, 407.023, 414.050, 422.090, 422.100, 427A.141, 432A.130, 444.360 to 444.410, inclusive, 457.040 to 457.060, inclusive, 457A.010 to 457A.050, inclusive, 458.201 to 458.240, inclusive, 467.065 to 467.068, inclusive, 489.061, 489.160 to 489.260, inclusive, 501.087, 501.120 to 501.165, inclusive, 501.169, 501.173, 501.263, 512.105, 513.030, 513.040, 513.050, 513.090, 538.071, 539.637, 561.065, 562.080, 623.060, 624.060, 636.040, 636.045, 636.050, 636.055, 636.060, 636.065, 637A.070, 640.040, 641.050, 641.060, 641.150, 641A.120, 645.080, 653.010 to 653.210, inclusive, 654.070, 656.060, 673.003 and 673.0355 to 673.038, inclusive, are hereby repealed.

       2.  NRS 422.142 to 422.148, inclusive, 432A.140, 457.030 and 616.4983 are hereby repealed.

      Sec. 6.  Section 375 of Assembly Bill No. 278 of the 59th session of the Nevada legislature is hereby amended to read as follows:

       Sec. 375.  1.  The terms of office of all members of the following boards, commissions and similar bodies, who are incumbent on October 30, 1977, expire on that date:

       (a) The commission on crimes, delinquency and corrections;

       (b) The economic advisory council on tourism;

       (c) The economic advisory council on industry;

       (d) The youth services agency advisory board;

       (e) The Nevada equal rights commission;

       (f) The Nevada Indian commission;

       (g) The Nevada state rural housing authority;

       (h) The Nevada veterans’ advisory commission;

       (i) The state welfare board;

       (j) The state advisory committee on older Americans;

       (k) The child care policy board;

       (l) The Nevada racing commission;

       (m) The Nevada athletic commission;

       (n) The state fire marshal’s advisory board;

       (o) The state board of agriculture;

       (p) The state board of sheep commissioners;

       (q) The Nevada liquefied petroleum gas board;

       (r) The Nevada employment security council;

       (s) The board of review;

       (t) The state board of architecture;

       (u) The state contractors’ board;

       (v) The state board of registered professional engineers;

       (w) The board of landscape architecture;

       (x) The board of dental examiners of Nevada;

       (y) The state board of nursing;

       (z) The Nevada state board of chiropractic examiners;

       (aa) The state board of Oriental medicine;

       (bb) The state board of podiatry;

       (cc) The Nevada state board of optometry;


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

ê1977 Statutes of Nevada, Page 1481 (Chapter 575, SB 523)ê

 

       (dd) The board of dispensing opticians;

       (ee) The board of hearing aid specialists;

       (ff) The Nevada state board of veterinary medical examiners;

       (gg) The state board of pharmacy;

       (hh) The state board of physical therapy examiners;

       (ii) The board of psychological examiners;

       (jj) The board of marriage and family counselor examiners;

       (kk) The state board of funeral directors and embalmers;

       (ll) The Nevada real estate advisory commission;

       (mm) The private investigator’s licensing board;

       (nn) The Nevada state board of examiners for skilled nursing facility administrators;

       (oo) The certified shorthand reporters board of Nevada; and

       (pp) The taxicab authority.

       2.  After the expiration of the terms of members of the boards, commissions or similar bodies listed in subsection 1, the governor shall appoint, as nearly as may be, new members as follows:

       (a) One-third of the members to terms expiring October 30, 1978;

       (b) One-third of the members to terms expiring October 30, 1979; and

       (c) One-third of the members to terms expiring October 30, 1980.

The governor shall appoint at least one-third of the members who are incumbent on October 30, 1977, to new terms on the respective boards, commissions or similar bodies.

       3.  The terms of office of all members of the following boards, commissions and similar bodies, who are incumbent on July 1, 1977, expire on that date:

       (a) The state multiple use advisory committee on federal lands;

       (b) The Eldorado Valley advisory group;

       (c) The state land use planning advisory council;

       (d) The Nevada state museum board of trustees;

       (e) The Lost City museum advisory commission;

       (f) The Nevada historical society board of trustees;

       (g) The Nevada council on libraries;

       (h) The state textbook commission;

       (i) The commission on postsecondary institutional authorization;

       (j) The state park advisory commission;

       (k) The mental hygiene and mental retardation advisory board;

       (l) The state board of forestry and fire control;

       (m) The state board of fish and game commissioners;

       (n) The state energy resources advisory board; and

       (o) The Colorado River advisory commission.

       4.  After the expiration of the terms of members of the boards, commissions or similar bodies listed in subsection 3, the governor shall appoint, as nearly as may be, new members as follows:

       (a) One-third of the members to terms expiring June 30, 1978;

       (b) One-third of the members to terms expiring June 30, 1979; and

       (c) One-third of the members to terms expiring June 30, 1980.


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

ê1977 Statutes of Nevada, Page 1482 (Chapter 575, SB 523)ê

 

The governor shall appoint at least one-third of the members who are incumbent on July 1, 1977, to new terms on the respective boards, commissions or similar bodies.

 

      Sec. 7.  Section 378 of Assembly Bill No. 278 of the 59th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 378.  1.  Sections 14, 57, 59, 60, 65, 66, 67, 69, 72, 78, 79, 87, 96, 106, 107, 110, 163, 192, [360,] 361, 367, 368, 370 and subsection 2 of section 371 of this act shall become effective at 12:01 a.m. on July 1, 1977.

       2.  [Section 12] Sections 12 and 360 of this act shall become effective at 12:02 a.m. on July 1, 1977.

 

      Sec. 7.5.  1.  There is hereby appropriated from the state general fund for the support of the fire marshal:

      (a) For the fiscal year beginning July 1, 1978, and ending June 30, 1979, the sum of $82,035.

      (b) For the fiscal year beginning July 1, 1979, and ending June 30, 1980, the sum of $114,106.

      2.  Expenditure of the following sums not appropriated from the general fund is hereby authorized by the fire marshal:

      (a) For the fiscal year beginning July 1, 1978, and ending June 30, 1979, the sum of $9,000.

      (b) For the fiscal year beginning July 1, 1979, and ending June 30, 1980, the sum of $12,370.

      3.  Any money which is appropriated to the department of commerce by the 59th session of the legislature for duties performed by the fire marshal shall revert to the state general fund.

      Sec. 8.  Section 273 of Assembly Bill No. 278 of the 59th session of the Nevada legislature is hereby repealed.

      Sec. 8.5.  From July 1, 1977, until March 1, 1979, the authority and duties of the state fire marshal as otherwise provided by law are limited to those counties of this state whose population is less than 100,000 according to the most recent national census of the Bureau of the Census of the United States Department of Commerce, and the commissioner of insurance shall perform those duties in the other countries. On March 1, 1979, the office of state fire marshal is abolished and its duties are transferred to the commissioner of insurance.

      Sec. 9.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1977 Statutes of Nevada, Page 1483ê

 

CHAPTER 576, SB 524

Senate Bill No. 524–Committee on Government Affairs

CHAPTER 576

AN ACT making technical corrections to various bills of the 59th session of the legislature; resolving conflicts among bills of the same session which have gone to enrollment.

 

[Approved May 16, 1977]

 

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

do enact as follows:

 

      Section 1.  Section 14 of Assembly Bill No. 278 of the 59th session of the Nevada legislature, as amended by section 1 of Senate Bill No. 523, is hereby amended to read as follows:

 

       Sec. 14.  NRS 232.152 is hereby amended to read as follows:

       232.152  1.  The governor shall appoint 13 members to the committee as follows:

       (a) Each of 10 members shall be appointed to represent respectively each of the following entities and shall be chosen from a list of three lay persons recommended by each entity:

             (1) Oil, gas and mining board.

             (2) Central committee of Nevada state grazing boards.

             (3) Nevada League of Cities.

             (4) State board of agriculture.

             (5) State board of fish and game commissioners.

             (6) State conservation commission.

             (7) State environmental commission.

             (8) Land use planning advisory council.

             (9) State park advisory commission.

             (10) Nevada association of county commissioners.

       (b) Each of three members shall be appointed to represent respectively the interests of each of the following:

             (1) Railroads and utilities.

             (2) Sportsmen.

             (3) Off-road vehicle enthusiasts.

       2.  The committee shall select one of its members to serve as chairman. The [assistant director provided for in NRS 232.157] administrator of the division of state lands shall serve as secretary but shall have no vote.

 

      Sec. 2.  Section 143 of Assembly Bill No. 278 of the 59th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 143.  NRS 407.017 is hereby amended to read as follows:

       407.017  [There is hereby created in the division a] The state park advisory commission [composed] , consisting of seven members [to be] appointed by the governor [.] , is hereby created within the division.

 

      Sec. 3.  Section 143.5 of Assembly Bill No. 278 of the 59th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 143.5  NRS 407.025 is hereby amended to read as follows:

       407.025  While engaged in official business of the division, the members of the commission [shall receive] are entitled to receive a salary of $40 for each day’s attendance at a meeting of the commission and the per diem [expense] allowance and travel expenses provided by law.


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

ê1977 Statutes of Nevada, Page 1484 (Chapter 576, SB 524)ê

 

members of the commission [shall receive] are entitled to receive a salary of $40 for each day’s attendance at a meeting of the commission and the per diem [expense] allowance and travel expenses provided by law.

 

      Sec. 4.  Section 171 of Assembly Bill No. 278 of the 59th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 171.  NRS 445.451 is hereby amended to read as follows:

       445.451  1.  The state environmental commission is hereby created in the state department of conservation and natural resources. The commission consists of:

       (a) The director of the Nevada department of fish and game;

       (b) The state forester firewarden;

       (c) The state engineer;

       (d) The executive director of the state department of agriculture;

       (e) A member of the state board of health to be designated by that board; and

       (f) Four members appointed by the governor who have a demonstrated knowledge and expertise.

       2.  [All gubernatorial appointees shall serve at the pleasure of the governor.

       3.]  The governor shall appoint the chairman of the commission from among the [nine] members.

       [4.]  3.  Six members of the commission [shall] constitute a quorum and a majority of those present must concur in any decision.

       [5.]  4.  Each member who is appointed by the governor is entitled to receive a salary of $40 for each day’s attendance at a meeting of the committee and the [traveling] travel expenses and subsistence allowances as provided [in NRS 281.160.] by law.

       [6.]  5.  Any person who receives or has during the previous 2 years received a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445.131 to 445.354, inclusive, is disqualified from serving as a member of the commission. This subsection does not apply to any person who receives or has received during the previous 2 years, a significant portion of his income from any department or agency of state government which may be a holder of or an applicant for a permit required by NRS 445.131 to 445.354, inclusive.

       [7.  Any vacancy created in the commission because of disqualification under subsection 6 shall be filled by appointment by the governor.

       8.]  6.  The state department of conservation and natural resources shall provide technical advice, support and assistance to the commission. All state officers, departments, commissions and agencies, including but not limited to, the department of highways, the Nevada department of fish and game, the department of human resources, the University of Nevada System, the state public works board, the department of motor vehicles, the public service commission of Nevada and the state department of agriculture may also provide technical advice, support and assistance to the commission.


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

ê1977 Statutes of Nevada, Page 1485 (Chapter 576, SB 524)ê

 

board, the department of motor vehicles, the public service commission of Nevada and the state department of agriculture may also provide technical advice, support and assistance to the commission.

 

      Sec. 5.  Section 184 of Assembly Bill No. 278 of the 59th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 184.  NRS 472.030 is hereby amended to read as follows:

       472.030  1.  The state board of forestry and fire control, consisting of seven members appointed by the governor, is hereby created in the division of forestry of the state department of conservation and natural resources. [The board shall consist of seven members appointed by the governor.]

       2.  The governor shall [make his appointments as follows:] appoint:

       (a) One member from the Nevada Woolgrowers Association;

       (b) One member from the Nevada State Cattlemen’s Association;

       (c) One member who [shall be] is a representative of the agricultural industry;

       (d) One member who [shall be] is an active participant in outdoor activities connected with fish and wildlife;

       (e) One member who [shall be] is a representative of the lumber and forest products industry;

       (f) One member who [shall be] is a representative of the [public at large; and] general public; and

       (g) One member who [shall be] is a representative of the fire services.

       [2.  Immediately following July 1, 1955, the governor shall appoint:

       (a) One member from the Nevada Woolgrowers Association and one member from the Nevada State Cattlemen’s Association for terms of 2 years.

       (b) One member who shall be a representative of the agricultural industry for a term of 3 years.

       (c) One member who shall be a representative of the lumber and forest products industry and one member who shall be a representative of the public at large for terms of 4 years.

Thereafter, appointments shall be for terms of 4 years.

       3.  Immediately following July 1, 1959, and every fourth year thereafter, the governor shall appoint one member who shall be an active participant in outdoor activities connected with fish and wildlife and one member who shall be a representative of the public at large for terms of 4 years.

       4.  Upon the first expiration of the term of a member representing the public at large, the governor shall appoint one member who shall be a representative of the fire services for a term of 4 years; and if a vacancy sooner occurs as to either of the public representatives, he shall appoint a representative of the fire services to fill the vacancy.


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

ê1977 Statutes of Nevada, Page 1486 (Chapter 576, SB 524)ê

 

       5.  A vacancy shall be filled by the governor for the unexpired term.

       6.]  3.  The board shall select a chairman from among its members to serve for 1 year. The state forester firewarden shall serve as the secretary of the board.

       [7.]  4.  The board shall meet twice yearly, once in the spring and once in the fall of the year, the date to be fixed by the secretary at any convenient place in the state, and may meet at other times upon call by the secretary.

       [8.]  5.  The members of the board [shall receive no compensation for their services, but shall be entitled to mileage and] are entitled to receive a salary of $40 for each day’s attendance at a meeting of the board and the per diem [expenses the same as other state officers.] allowance and travel expenses provided by law.

       [9.]  6.  The board shall advise the director of the state department of conservation and natural resources on matters relating to the establishment and maintenance of an adequate policy of forest and watershed protection. The general policies for the guidance of the state forester firewarden shall be determined and designated by the director of the state department of conservation and natural resources after consultation with the board.

 

      Sec. 6.  Section 371 of Assembly Bill No. 278 of the 59th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 371.  1.  NRS 180.020, 210.020 to 210.050, inclusive, 210.410 to 210.440, inclusive, 216.135 to 216.175, inclusive, 233D.010, 233D.040, 242.110, 242.210, 242.220, 315.790, 341.040, 381.040, 381.050, 383.050, 385.470 to 385.580, inclusive, 390.030, 390.050, 398.010 to 398.240, inclusive, 407.023, 414.050, 422.090, 422.100, 427A.141, 432A.130, 444.360 to 444.410, inclusive, 457.030 to 457.060, inclusive, 457A.010 to 457A.050, inclusive, 458.201 to 458.240, inclusive, 467.065 to 467.068, inclusive, 489.061, 489.160 to 489.260, inclusive, 501.087, 501.120 to 501.165, inclusive, 501.169, 501.173, 501.263, 512.105, 538.071, 539.637, 561.065, 562.080, 623.060, 624.060, 636.040, 636.045, 636.050, 636.055, 636.060, 636.065, 637A.070, 640.040, 641.050, 641.060, 641.150, 641A.120, 645.080, 653.010 to 653.210, inclusive, 654.070, 656.060, 673.003 and 673.0355 to 673.038, inclusive, are hereby repealed.

       2.  NRS 422.142 to 422.148, inclusive, 432A.140 and 616.4983 are hereby repealed.

 

      Sec. 7.  Section 376 of Assembly Bill No. 278 of the 59th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 376.  1.  The terms of office of all members of the governor’s advisory council on children and youth who are incumbent on July 1, 1977, expire on that date.

       2.  The governor shall appoint new members to the advisory council on children and youth, in the following manner:

       (a) One-third of the members to terms expiring June 30, 1978;


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

ê1977 Statutes of Nevada, Page 1487 (Chapter 576, SB 524)ê

 

       (b) One-third of the members to terms expiring June 30, 1979; and

       (c) One-third of the members to terms expiring June 30, 1980.

       3.  The terms of office of all members of the Virginia City historic district commission who are incumbent on July 1, 1977, expire on that date.

       4.  The governor shall appoint new members to the Comstock historic district commission as follows:

       (a) Three members to terms expiring June 30, 1978;

       (b) Three members to terms expiring June 30, 1979; and

       (c) Three members to terms expiring June 30, 1980.

 

      Sec. 8.  Section 378 of Assembly Bill No. 278 of the 59th session of the Nevada legislature, as amended by section 7 of Senate Bill No. 523, is hereby amended to read as follows:

 

       Sec. 378.  1.  Sections 14, 57, 59, 60, 65, 66, 67, 69, 72, 78, 79, 87, 96, 106, 107, 110, 143, 143.5, 163, 171, 184, 192, 361, 367, 368, 370 and subsection 2 of section 371 of this act shall become effective at 12:01 a.m. on July 1, 1977.

       2.  Sections 12 and 360 of this act shall become effective at 12:02 a.m. on July 1, 1977.

 

      Sec. 9.  1.  Senate Bill No. 185 of the 59th session of the Nevada legislature is hereby amended by adding thereto a new section which shall read as follows:

 

       Sec. 9.5.  Section 2 of chapter 118, Statutes of Nevada 1977, is hereby repealed.

 

      2.  Section 10 of Senate Bill No. 185 is hereby amended to read as follows:

 

       Sec. 10.  1.  Section 9.5 of this act shall become effective at 12:01 a.m. on July 1, 1977.

       2.  Section 8 of this act shall become effective at 12:02 a.m. on July 1, 1977.

 

      Sec. 10.  Section 2 of Senate Bill No. 266 of the 59th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 2.  1.  NRS 277.230 and 278.780 to 278.828, inclusive, are hereby repealed.

       2.  Section 43 of Senate Bill No. 153 of the 59th session of the Nevada legislature is hereby repealed.

 

      Sec. 11.  Sections 15, 203.1, 203.2, 203.3, 203.4, 203.5, 204, 205 and 206 of Assembly Bill No. 278 of the 59th session of the Nevada legislature are hereby repealed.

      Sec. 12.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1977 Statutes of Nevada, Page 1488ê

 

CHAPTER 577, SB 19

Senate Bill No. 19–Senator Sheerin

CHAPTER 577

AN ACT relating to taxation; revising provisions relating to exemptions from the vehicle privilege tax; designating for veterans’ exemption purposes the date of termination of hostilities in Viet Nam; providing penalties; and providing other matters properly relating thereto.

 

[Approved May 16, 1977]

 

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

do enact as follows:

 

      Section 1.  NRS 361.090 is hereby amended to read as follows:

      361.090  1.  The property, to the extent of $1,000 assessed valuation, of any actual bona fide resident of the State of Nevada who:

      (a) Was such a resident for a period of more than 3 years before December 31, 1963, or who was such a resident at the time of his or her entry into the Armed Forces of the United States, who has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955; or

      (b) Was such a resident at the time of his or her entry into the Armed Forces of the United States, who has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and [whatever date may be proclaimed by the President of the United States as the termination of hostilities in Viet Nam,] May 7, 1975,

and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, [shall be] is exempt from taxation.

      2.  For the purpose of this section, the first $1,000 assessed valuation of property in which such person has any interest shall be deemed the property of [such] that person.

      3.  The exemption shall be allowed only to a claimant who files an affidavit annually, on or before the 1st Monday in August, for the purpose of being exempt on the tax roll, but the affidavit may be filed at any time by a person claiming exemption from taxation on personal property.

      4.  The affidavit shall be filed with the county assessor to the effect that the affiant is an actual bona fide resident of the State of Nevada [, that he or she] who meets all the other requirements of subsection 1 [,] and that [such] the exemption is claimed in no other county within this state.

      5.  Persons in actual military service [shall be] are exempt during the period of such service from filing annual affidavits of exemption and the county assessors [are directed to] shall continue to grant exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, such affidavit may be filed in his [or her] behalf during the period of such service by any person having knowledge of the facts.


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

ê1977 Statutes of Nevada, Page 1489 (Chapter 577, SB 19)ê

 

his [or her] behalf during the period of such service by any person having knowledge of the facts.

      6.  Before allowing any veteran’s exemption pursuant to the provisions of this chapter, the county assessor of each of the several counties of this state shall require proof of status of [such] the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.

      7.  If any person files a false affidavit or produces false proof to the county assessor, and as a result of such false affidavit or false proof a tax exemption is allowed to a person not entitled to such exemption, he or she is guilty of a gross misdemeanor.

      Sec. 2.  Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The personal property tax exemption to which a widow, orphan child, totally blind person or veteran is entitled under NRS 361.080, 361.085, 361.090 or 361.091 is reduced to the extent that he is allowed an exemption from the vehicle privilege tax under chapter 371 of NRS.

      Sec. 3.  Chapter 371 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 11, inclusive, of this act.

      Sec. 4.  Vehicles registered by widows and orphan children, not to exceed the amount of $1,000 determined valuation, are exempt from taxation, but the exemption shall not be allowed to anyone but actual bona fide residents of this state, and shall be filed in but one county in this state to the same family. For the purpose of this section, vehicles in which such person has any interest shall be deemed to belong entirely to that person. The person claiming the exemption shall file with the department in the county where the exemption is claimed an affidavit declaring such residence and that the exemption has been claimed in no other county in this state for that year.

      Sec. 5.  1.  Vehicles registered by a totally blind person, not to exceed the amount of $3,000 determined valuation, are exempt from taxation, but the exemption shall not be allowed to anyone but actual bona fide residents of this state, and shall be filed in but one county in this state to the same family. The person claiming the exemption shall file with the department in the county where the exemption is claimed an affidavit declaring such residence and that the exemption has been claimed in no other county in this state for that year. Upon first claiming such exemption in a county the claimant shall furnish to the department a certificate of a physician licensed under the laws of this state setting forth that he has examined the claimant and has found him to be a totally blind person.

      2.  As used in subsection 1, “totally blind person” includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20º.

      Sec. 6.  1.  Vehicles, to the extent of $1,000 determined valuation, registered by any actual bona fide resident of the State of Nevada who:

      (a) Was such a resident for a period of more than 3 years before December 31, 1963, or who was such a resident at the time of his or her entry into the Armed Forces of the United States, who has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955; or

 


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

ê1977 Statutes of Nevada, Page 1490 (Chapter 577, SB 19)ê

 

minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955; or

      (b) Was such a resident at the time of his or her entry into the Armed Forces of the United States, who has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975,

and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.

      2.  For the purpose of this section the first $1,000 determined valuation of vehicles in which such person has any interest shall be deemed to belong to that person.

      3.  A person claiming the exemption shall file annually with the department in the county where the exemption is claimed an affidavit declaring that he is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1, and that the exemption is claimed in no other county within this state.

      4.  Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption and the department shall grant exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, such affidavit may be filed in his behalf during the period of such service by any person having knowledge of the facts.

      5.  Before allowing any veteran’s exemption pursuant to the provisions of this chapter, the department shall require proof of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.

      6.  If any person files a false affidavit or produces false proof to the department, and as a result of such false affidavit or false proof a tax exemption is allowed to a person not entitled to such exemption, he is guilty of a gross misdemeanor.

      Sec. 7.  1.  Vehicles to the extent of $10,000 determined valuation registered to any actual bona fide resident of the State of Nevada who has incurred a service-connected disability of the kind described in 38 U.S.C. § 801 as effective on the date when the exemption is claimed, and has received upon severance from service an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States is exempt from taxation.

      2.  For the purpose of this section, the first $10,000 determined valuation of vehicles in which such person has any interest shall be deemed to belong entirely to that person.


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

ê1977 Statutes of Nevada, Page 1491 (Chapter 577, SB 19)ê

 

      3.  A person claiming the exemption shall file annually with the department in the county where the exemption is claimed an affidavit declaring that he is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1, and that the exemption is claimed in no other county within this state.

      4.  Before allowing any exemption pursuant to the provisions of this section, the department shall require proof of status of the applicant, and for that purpose shall require production of:

      (a) A certificate from the Veterans’ Administration that the applicant has received or is eligible to receive a grant pursuant to 38 U.S.C. ch. 21; and

      (b) Any one of the following:

             (1) An honorable discharge;

             (2) A certificate of satisfactory service; or

             (3) A certified copy of either of these documents.

      5.  If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under section 6 of this act.

      6.  If any person makes a false affidavit or produces false proof to the department, and as a result of such false affidavit or false proof, a tax exemption is allowed to a person not entitled to such exemption, such person is guilty of a gross misdemeanor.

      Sec. 8.  Claims under section 4, 5, 6 or 7 of this act, for tax exemption on the vehicle privilege tax shall be filed annually at any time on or before the date when payment of such tax is due. All exemptions provided for in this section shall not be in an amount which gives the taxpayer a total exemption greater than that to which he is entitled during any fiscal year.

      Sec. 9.  1.  Whenever any vehicle ceases to be exempt from taxation under section 4, 5, 6 or 7 of this act because the owner no longer meets the requirements for the exemption provided in those sections, its owner shall immediately notify the department of the fact.

      2.  If a person fails to notify the department as required by subsection 1 and as a result of such failure is allowed a tax exemption to which he is not entitled, there shall be added to and collected with the tax otherwise due a penalty equal to double the amount of the tax. If the person’s failure is fraudulent and results in his receiving a tax exemption to which he is not entitled, the person is also guilty of a gross misdemeanor.

      Sec. 10.  The county assessor of each county with a population of less than 100,000, as determined by the last preceding national census compiled by the Bureau of the Census of the Department of Commerce of the United States, is designated as agent to assist in the collection of the tax required to be levied under this chapter. The county assessor of each county is designated as agent to assist the department in administering the exemptions provided in this chapter.

      Sec. 11.  The county assessor of each county with a population of 100,000 or more, as determined by the last preceding national census compiled by the Bureau of the Census of the Department of Commerce of the United States, is designated as an agent to assist the department in administering the exemptions provided in this chapter, and shall, after establishing the validity of an application for an exemption, issue a certificate for use by the department to allow a claimant the appropriate exemption on his vehicle.


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

ê1977 Statutes of Nevada, Page 1492 (Chapter 577, SB 19)ê

 

establishing the validity of an application for an exemption, issue a certificate for use by the department to allow a claimant the appropriate exemption on his vehicle.

      Sec. 12.  NRS 361.156 is hereby repealed.

 

________

 

 

CHAPTER 578, AB 636

Assembly Bill No. 636–Assemblyman Banner

CHAPTER 578

AN ACT relating to homesteads; extending exemption commensurate with the increase in value of the property selected and declared for exemption from execution; clarifying eligibility of single persons to select and declare homesteads; and providing other matters properly relating thereto.

 

[Approved May 16, 1977]

 

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

do enact as follows:

 

      Section 1.  NRS 115.010 is hereby amended to read as follows:

      115.010  1.  The homestead, consisting of either a quantity of land, together with the dwelling house thereon and its appurtenances, or a mobile home whether or not the underlying land is owned by the claimant, not exceeding $25,000 in value, to be selected by the husband and wife, or either of them, other head of a family, or other single person claiming the homestead, shall not be subject to forced sale on execution, or any final process from any court, except process to enforce payment of the purchase money for [such] the premises, or for improvements made thereon, or for legal taxes imposed thereon, or for the payment of:

      [1.]  (a) Any mortgage or deed of trust thereon executed and given; or

      [2.]  (b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude,

by both husband and wife, when that relation exists.

      2.  Any declaration of homestead which has been filed before July 1, 1975, is deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the value of the property selected and claimed for the exemption up to the value permitted by law on that date, but the increase shall not impair the right of any creditor to execute upon the property when that right existed before July 1, 1975.

      Sec. 2.  NRS 115.060 is hereby amended to read as follows:

      115.060  1.  The homestead and all other property exempt by law from sale under execution, shall, upon the death of either spouse, be set apart by the court as the sole property of the surviving spouse, for his benefit and that of his legitimate child or children. In the event there is no surviving spouse or legitimate child of either, then the property shall be subject to administration and to payment of his debts and liabilities.


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

ê1977 Statutes of Nevada, Page 1493 (Chapter 578, AB 636)ê

 

      2.  The provisions of subsection 1 also apply to a single person with respect to his minor brothers or sisters, or both, or of a brother’s or sister’s minor children, or of a father or mother, or of grandparents, or unmarried sisters who were living in his house and under his care and maintenance at the time of his death, but in all such cases the right of enjoyment conferred by subsection 1 shall cease upon the cessation of the terms upon which it was granted.

      Sec. 3.  This act shall become effective at 12:01 a.m. on July 1, 1977.

 

________

 

 

CHAPTER 579, AB 607

Assembly Bill No. 607–Committee on Judiciary

CHAPTER 579

AN ACT relating to building and construction standards; requiring public utilities to comply with certain construction standards and undergo inspections; and providing other matters properly relating thereto.

 

[Approved May 16, 1977]

 

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

do enact as follows:

 

      Section 1.  Chapter 704 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Except as provided in subsection 2, any public utility which installs or modifies any electrical supply line in any building or facility which it owns or operates and the building or facility is open and accessible to the general public shall perform such installation or modification as if the National Electrical Code adopted by the National Fire Protection Association applied to such work, and any local government which regulates electrical construction shall inspect such work within its jurisdiction for compliance with this section.

      2.  Communication equipment and related apparatus are exempted from the provisions of subsection 1 only if the equipment and apparatus is owned, installed, operated and maintained by a public utility which provides communication services under the jurisdiction of the commission.

 

________

 

 


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

ê1977 Statutes of Nevada, Page 1494ê

 

CHAPTER 580, AB 475

Assembly Bill No. 475–Assemblymen Robinson, Hayes and Harmon

CHAPTER 580

AN ACT relating to divisions of land; providing procedures for subdividing lands; creating parcels and creating planned unit developments; providing for amending and abandoning such divisions; providing civil and criminal penalties; providing for the powers and duties of certain state and local governing bodies; and providing other matters properly relating thereto.

 

[Approved May 16, 1977]

 

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

do enact as follows:

 

      Section 1.  NRS 278.010 is hereby amended to read as follows:

      278.010  For the purpose of NRS 278.010 to 278.630, inclusive:

      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.

      2.  “Cities and counties” means all counties and cities located in counties. Carson City is considered as a county.

      3.  “Commission” means the planning commission of the city, the county or the region, as established by ordinance.

      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.

      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.

      6.  “Forty nominal acres” means an area of land not less than 1/16 of a section as described by a government land office survey or 40 acres calculated by another actual survey.

      7.  “Governing body” means the city council or other legislative body of the city or the board of county commissioners or, in the case of Carson City, the board of supervisors.

      [7.]  8.  “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.

      [8.]  9.  “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.

      [9.]  10.  “Parcel map” means a map [prepared] as provided in NRS 278.500 and 278.510 [.] and sections 35, 36 and 38 of this act.

      [10.]  11.  “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.


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

ê1977 Statutes of Nevada, Page 1495 (Chapter 580, AB 475)ê

 

      [11.]  12.  “Streets” includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, public easements and rights-of-way, and other ways.

      [12.]  13.  “Subdivider” means a person, firm, corporation, partnership or association who causes land to be divided into a subdivision for himself or for others.

      [13.]  14.  “Subdivision” is defined in NRS 278.320.

      [14.]  15.  “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.]

      Sec. 2.  NRS 278.320 is hereby amended to read as follows:

      278.320  1.  “Subdivision” means any land, vacant or improved, which is divided or proposed to be divided into five or more lots, parcels, sites, units or plots, for the purpose of any transfer, development or any proposed transfer or development unless exempted by one of the following provisions:

      (a) The term “subdivision” does not apply to any division of land which creates lots, parcels, sites, units or plots of land, each of which comprises: [40 or more nominal acres of land in counties having a population of less than 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, or each of which comprises 10 or more nominal acres of land in counties having a population of 200,000 or more, as determined by such census,]

             (1) Ten nominal acres or more of land, in any county or city which adopts an ordinance by which the county or city elects to limit the applicability of the term “subdivision” for the purposes of this section to land divisions having a nominal area of less than 10 acres; or

             (2) Forty nominal acres or more of land, in those areas where such an ordinance is not adopted,

including roads and roadway easements.

      (b) Any joint tenancy or tenancy in common shall be deemed a single interest in land.

      (c) Unless a method of disposition is adopted for the purpose of evading this chapter [,] or would have the effect of evading this chapter, the term “subdivision” does not apply to: [any division of land:]

             (1) [Which is created by order of] Any division of land which is ordered by any court in this state or created by operation of law;

             (2) [Which is created by a] A lien, mortgage, deed of trust or any other security instrument;

             (3) [Which is created by a] A security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity;

             (4) [Which creates cemetery lots;] Cemetery lots; or

             (5) [Which creates an interest or interests] An interest in oil, gas, minerals or building materials, which are now or hereafter severed from the surface ownership of real property. [;

             (6) Which is created by the acquisition of an interest in land in the name of a husband and wife, or other persons who are related to each other within the first or second degree of consanguinity, or pursuant to adoption in accordance with law, which interest is established or created by a joint tenancy, community property, or as tenants in common.


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ê1977 Statutes of Nevada, Page 1496 (Chapter 580, AB 475)ê

 

other within the first or second degree of consanguinity, or pursuant to adoption in accordance with law, which interest is established or created by a joint tenancy, community property, or as tenants in common. Any such interest shall be deemed for purposes of this subsection, as only one interest.

             (7) Containing not more than four lots, parcels, sites, units or plots.]

      2.  The board of county commissioners of any county may exempt any parcel or parcels of land from the provisions of NRS 278.010 to 278.630, inclusive, if:

      (a) Such land is owned by a railroad company or by a nonprofit corporation organized and existing pursuant to the provisions of chapter 81 of NRS which is an immediate successor in title to a railroad company, and such land was in the past used in connection with any railroad operation; and

      (b) Other persons now permanently reside on such land.

      3.  [Nothing contained herein shall] This chapter does not apply to the division of land for agricultural purposes [, in] into parcels of more than 10 acres, [not involving any] if a street, road, or highway opening or widening or [easements] easement of any kind [.] is not involved.

      Sec. 3.  NRS 278.327 is hereby amended to read as follows:

      278.327  Approval of [a subdivision map or parcel] any map pursuant to the provisions of NRS 278.010 to [278.560,] 278.630, inclusive, does not in itself prohibit the further division of the lots, parcels, sites, units or plots described, but any such further division [must] shall conform to the applicable provisions of those sections.

      Sec. 4.  NRS 278.330 is hereby amended to read as follows:

      278.330  1.  The initial action in connection with the making of any subdivision [shall be] is the preparation of a tentative map. [or maps which shall show, or be accompanied by, such data as are specified by the provisions of NRS 278.010 to 278.630, inclusive.]

      2.  The subdivider shall file copies of such map [or maps] with the planning commission, or with the clerk of the governing body if there [be] is no planning commission together with a filing fee in an amount as determined by the governing body.

      3.  The commission, the clerk of the governing body or, when permitted by the governing body, the subdivider or any other appropriate agency shall distribute copies of the map and any accompanying data to all state and local agencies charged with reviewing the proposed subdivision.

      4.  If there is no planning commission, the clerk of the governing body shall submit the tentative map to the governing body at its next regular meeting. [The governing body shall act thereon within 40 days after such submittal.

      4.  If there is a planning commission, it shall report to the subdivider and to the governing body on the map or maps of any subdivision submitted to it within 65 days after the tentative map has been filed; and the report shall approve, conditionally approve, or disapprove the map or maps of the subdivision. If conditionally approved or disapproved, the report shall state the conditions under which the map would have been approved or that approval was withheld because the land proposed to be subdivided was not suitable for such development.


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ê1977 Statutes of Nevada, Page 1497 (Chapter 580, AB 475)ê

 

subdivided was not suitable for such development. If approval is withheld, the report shall state the reasons why the land was not considered suitable.

      5.  If the subdivider is dissatisfied with any action of the planning commission, he may, within 15 days after such action, appeal from the action of the planning commission to the governing body which shall hear the same, unless the subdivider consents to a continuance, within 10 days or at its next succeeding regular meeting. The governing body may by a majority vote of its members overrule any ruling of the planning commission in regard to the tentative map.

      6.  Before approving a tentative map, the governing body shall make such findings as are not inconsistent with the provisions of NRS 278.010 to 278.630, inclusive, or local ordinances adopted pursuant thereto, including but not limited to, findings that the subdivision:

      (a) Will not result in undue water or air pollution. In making this determination it shall consider:

             (1) The topography of the land and its relation to the flood plains or areas subject to flooding or water damage;

             (2) The nature of soils and subsoils and their ability adequately to support waste disposal;

             (3) The slope of the land and its effect on effluents;

             (4) The effectiveness of sewerage plans; and

             (5) The applicable health law and regulations.

      (b) Has sufficient water meeting applicable health standards for the reasonably foreseeable needs of the subdivision.

      (c) Will not cause an unreasonable burden on an existing water supply, if one is to be utilized.

      (d) Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result.

      (e) Will not cause unreasonable street or highway congestion or unsafe conditions with respect to use of the streets or highways existing or proposed.

      (f) Is in conformance with the duly adopted master plan, if any.

      (g) Does not have any delinquent taxes owing on it, as evidenced by a certificate issued by the county treasurer and submitted to the governing body by the subdivider.

      7.  No provision of this chapter may be construed to prevent a governing body from disapproving a tentative map if such disapproval is in the best interests of the public health, safety or welfare, and such disapproval is by a majority vote of its members and made within the time limit provided in subsection 3.]

      5.  If there is a planning commission it shall, within 45 days after receiving a tentative map, recommend approval, conditional approval or disapproval of the map in a written report filed with the governing body.

      6.  The agenda of any meeting of the planning commission or any governing body, which includes the review of the tentative map shall be published or posted in a prominent public place.

      Sec. 5.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 8, inclusive, of this act.

      Sec. 6.  1.  A copy of the tentative map shall be forwarded by the local government to the division of water resources of the state department of conservation and natural resources and the health division of the department of human resources, or the local representative acting for the health division for review.


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ê1977 Statutes of Nevada, Page 1498 (Chapter 580, AB 475)ê

 

conservation and natural resources and the health division of the department of human resources, or the local representative acting for the health division for review.

      2.  The authority of the health division to review and certify proposed subdivisions and conduct construction or installation inspections shall be exercised by the district board of health or, where there is no district board of health, then by the incorporated city within whose limits, or the county in whose unincorporated area, the subdivision is to be situated if:

      (a) The district board of health or the city or county requests such authority of the health division; and

      (b) The health division determines that the district board of health or the city or county is adequately staffed to conduct the subdivision review and inspections.

      3.  A district board of health or a city or county which conducts reviews and inspections under this section shall certify to the health division within 10 days after filing its recommendations concerning the tentative map and after approving the final map that the subdivision meets all the requirements of the law concerning sewage disposal, water pollution, water quality and water supply facilities.

      4.  The state is not chargeable with any expense incurred by a district board of health or a city or county acting pursuant to this section.

      5.  Each reviewing agency shall within 15 days from the receipt of the tentative map file its written comments with the planning commission or the governing body recommending approval, conditional approval or disapproval and stating the reasons therefor.

      Sec. 7.  1.  Except as provided in subsection 2, the governing body shall, by a majority vote of the members present, approve, conditionally approve, or disapprove a tentative map filed with it pursuant to NRS 278.330 within 30 days after receipt of the planning commission’s recommendations.

      2.  If there is no planning commission, the governing body shall approve, conditionally approve or disapprove a tentative map within 45 days after the map is filed with the governing body.

      3.  The governing body shall consider:

      (a) Environmental laws and regulations concerning water and air pollution and solid waste disposal;

      (b) Health laws and regulations concerning water supply and sewage disposal and the availability of water which meets applicable health standards and is sufficient for the reasonably foreseeable needs of the subdivision;

      (c) Availability and accessibility of utilities;

      (d) Availability and accessibility of public services such as schools, police and fire protection, transportation, recreation and parks;

      (e) General conformity with the zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence;

      (f) General conformity with the governing body’s master plan of streets and highways;

      (g) Effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;

      (h) Physical land characteristics such as flood plain, slope, soil; and


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ê1977 Statutes of Nevada, Page 1499 (Chapter 580, AB 475)ê

 

      (i) Recommendations and comments of those entities reviewing the tentative map pursuant to NRS 278.330 and section 6 of this act.

      4.  Where the board of trustees of a school district develops a plan for the future construction of one or more schools, it shall notify each city, county or regional planning commission any part of whose territory will be served by a proposed school. The notice shall include the grades to be taught, the number of pupils to be accommodated, and the area to be served. The board shall notify each commission of any change in or abandonment of its plan.

      5.  The governing body shall not approve a tentative map if the taxes are delinquent on any of the land to be subdivided. The subdivider shall prove that no tax is delinquent by submitting to the governing body a certificate of the county treasurer to this effect.

      6.  Final disposition of the tentative map shall be by a vote of the majority of the governing body and any disapproval or conditional approval shall include a statement of the reason for such action.

      Sec. 8.  1.  The planning commission or governing body with which the tentative map is filed shall forward a copy of such map to the board of trustees of the school district within which such lands are located. Within 15 days after receipt of such copy, the board of trustees shall, if a school site is needed within the area, notify the commission or governing body that a site is requested.

      2.  If the board of trustees requests a site, the person proposing the subdivision shall set aside a site of the size which is determined by the board. Such person and the board of trustees shall negotiate for the price of the site, which shall not exceed the fair cash market value of the land as determined by an independent appraisal paid for by the board. If any lands purchased by a school district pursuant to the provisions of this subsection have not been placed in use as a school site at the end of 10 years from the date of purchase, they shall then first be offered to the subdivider or his successor in interest at a sale price equal to the fair market value. If such person does not accept the offer, then the board of trustees may:

      (a) Sell or lease such property in the manner provided in NRS 277.050 or NRS 393.220 to 393.320, inclusive;

      (b) Exchange such property in the manner provided in NRS 277.050 or NRS 393.326 to 393.3293, inclusive; or

      (c) Retain such property, if such retention is determined to be in the best interests of the school district.

      3.  Except as provided in subsection 4, when any land dedicated to the use of the public school system or any land purchased and used as a school site becomes unsuitable, undesirable or impractical for any school uses or purposes, the board of trustees of the county school district in which the land is located shall dispose of the land as provided in subsection 2.

      4.  Land dedicated under the provisions of former NRS 116.020, as it read prior to April 6, 1961, which the board of trustees determines is unsuitable, undesirable or impractical for school purposes may be reconveyed without cost to the dedicator or his successor or successors in interest.

      Sec. 9.  NRS 278.350 is hereby amended to read as follows:


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ê1977 Statutes of Nevada, Page 1500 (Chapter 580, AB 475)ê

 

      278.350  1.  The time [limits] limit for acting and reporting on [maps as specified in NRS 278.010 to 278.630, inclusive,] a tentative or final map may be extended by mutual consent of the subdivider and the governing body or planning commission, as the case may be.

      2.  If no action is taken within the time limits set forth in NRS 278.010 to 278.630, inclusive, [the] a tentative map as filed shall be deemed to be approved, and the clerk of the governing body shall certify such approval.

      Sec. 10.  NRS 278.360 is hereby amended to read as follows:

      278.360  1.  [The] Unless the time is extended, the subdivider [may] shall within 1 year after approval of the tentative map [or maps of a subdivision] or before the expiration of any extension by the governing body cause the subdivision, or any part thereof, to be surveyed and a final map [thereof to be] prepared in accordance with the tentative map. [as approved. Any failure so] Failure to record a final map within [1 year from the approval of the tentative map shall terminate] the time prescribed in this section terminates all proceedings, and before the final map may thereafter be recorded, or any sales be made, a new tentative map shall be filed.

      2.  [No final map of a subdivision as defined in NRS 278.010 to 278.630, inclusive, shall be accepted by the county recorder for record unless all provisions of NRS 278.010 to 278.630, inclusive, and of any local ordinance have been complied with. The county recorder shall accept or refuse it for recordation within 10 days of its delivery to him.] The governing body or planning commission may grant to the subdivider a single extension of not more than 1 year within which to record a final map after receiving approval of the tentative map.

      Sec. 11.  NRS 278.370 is hereby amended to read as follows:

      278.370  1.  Local subdivision ordinances shall be enacted by the governing body of every incorporated city and every county, prescribing [detailed] regulations which, in addition to the provisions of NRS 278.010 to 278.630, inclusive, [shall] govern matters of improvements, mapping, accuracy, engineering and related subjects, but shall not be in conflict with NRS 278.010 to 278.630, inclusive.

      2.  The subdivider shall comply with the provisions of the appropriate local ordinance before the [map or maps of a subdivision may be] final map is approved.

      Sec. 12.  NRS 278.380 is hereby amended to read as follows:

      278.380  1.  Upon receipt of the final map and report of the planning commission, the governing body shall at its next meeting, or within a period of not more than 10 days after such filing, approve the map if [the same] it conforms to all the requirements of NRS 278.010 to 278.630, inclusive, and of any local ordinance applicable at the time of approval of the tentative map, or any rulings made thereunder.

      2.  The governing body shall at that time also accept or reject any or all offers of dedication and may, as a condition precedent to the acceptance of any streets or easements, require that the subdivider [either] improve or agree to improve the streets or easements.

      3.  [In the event] If an agreement for [the] a required improvement [of the streets or easements] is entered into, the governing body may require that the agreement be secured by a good and sufficient bond [in an amount not in excess of the cost of the improvement.]


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ê1977 Statutes of Nevada, Page 1501 (Chapter 580, AB 475)ê

 

an amount not in excess of the cost of the improvement.] or other security in the amount determined by the governing body.

      Sec. 13.  NRS 278.390 is hereby amended to read as follows:

      278.390  Title to property dedicated or accepted for streets and easements [shall pass] passes when the final map is [duly] recorded. [under the provisions of NRS 278.010 to 278.630, inclusive.] If at the time the final map is approved any streets are rejected, the offer of dedication shall be deemed to remain open and the governing body may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets for public use, which acceptance shall be recorded in the office of the county recorder [.] and be so noted by the recorder on the subdivision plot.

      Sec. 14.  Chapter 278 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The survey, monumentation and final map shall be made by a land surveyor registered in the State of Nevada.

      2.  The final monuments shall be set prior to the recordation of the final map unless the subdivider furnishes a performance bond or other suitable assurance to the governing body guaranteeing that the subdivider will provide for the services of a registered land surveyor to set the monuments on or before a day certain. The amount of the performance bond, if required, shall be determined by the local governing body. If a surveyor other than the one signing the final plat accepts responsibility for the setting of monuments, a certificate of amendment shall be filed and recorded.

      3.  The final monument shall, except as provided in subsections 5 and 6, have a nonferrous tablet, disc or cap securely attached to the top of a metallic shaft solidly embodied in the ground, having a minimum diameter of 5/8 of an inch and length of embedment sufficient to resist removal, with a mark for the exact point and stamped “RLS” followed by the surveyor’s registration number. The governing body may specify equal or greater standards for final monuments which shall be placed at:

      (a) A subdivision boundary corner and at any point necessary to insure that each monument on a given boundary can been seen from the next monument on that boundary.

      (b) On intersections of street centerlines.

      (c) A street centerline at an angle point, cul-de-sac radius point or a point which defines a curve (beginning of a curve, end of a curve or a point of tangent intersection), and at any subdivision boundary or an appropriate offset.

      (d) A position for a corner of the system of rectangular surveys directly relevant to property lines and corners of the subdivision.

      4.  A final monument required in subsection 3 which falls in a paved area shall be set in:

      (a) A survey monument well with cover lid and placed with the top of the monument tablet, disc or cap being not less than 4 inches below the pavement surface; or

      (b) A comparable permanent monument as required by the governing body.

      5.  If a point designated in subsection 3 falls on solid bedrock or on a concrete or stone roadway, curb, gutter, or walk, a durable nonferrous metal tablet, disc or cap shall be securely anchored in the rock or concrete and marked as required in subsection 3.


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ê1977 Statutes of Nevada, Page 1502 (Chapter 580, AB 475)ê

 

metal tablet, disc or cap shall be securely anchored in the rock or concrete and marked as required in subsection 3.

      6.  If a monument required by subsection 3 cannot be set because of steep terrain, water, marsh or existing structures, or if it would be lost as a result of proposed construction, one or more reference monuments shall be set. In addition to the physical requirements for a monument set forth in subsections 3, 4 and 5, the letters “RM” and “WC” shall be stamped in the tablet, disc or cap. If only one reference monument is used, it shall be set on the actual line or a prolongation thereof. Otherwise, at least two reference monuments shall be set. These monuments shall be deemed final monuments.

      7.  A lot corner shall be set by the land surveyor in the manner approved by the governing body.

      Sec. 15.  NRS 278.410 is hereby amended to read as follows:

      278.410  1.  The final map shall be clearly and legibly drawn in black waterproof india ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession, but affidavits, certificates and acknowledgments [may] shall be legibly stamped or printed upon the map with opaque ink.

      2.  The size of each sheet of the map shall be 24 by 32 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom, and right edges, and of 2 inches at the left edge along the 24-inch dimension.

      3.  The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end.

      4.  The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

      5.  The final map shall show all survey and mathematical information and data necessary to locate all monuments, and to locate and retrace any and all interior and exterior boundary lines appearing thereon, including bearings and distances of straight lines, central angle and radii and arc length for all curves, and such information as may be necessary to determine the location of the centers of curves.

      6.  Each lot shall be numbered [, and each block may be numbered or lettered.] in sequence.

      7.  Each street shall be named.

      8.  Each block shall be numbered or lettered.

      9.  The exterior boundary of the land included within the subdivision shall be indicated by graphic border.

      [9.]10.  The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys.

      [10.]11.  The final map shall also satisfy any additional survey and map requirements of the local ordinance.

      Sec. 16.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 17 to 22, inclusive, of this act.

      Sec. 17.  The certificates and acknowledgments required by sections 18 to 22, inclusive, of this act, shall appear on a final map and may be combined where appropriate.

      Sec. 18.  1.  A final map presented for filing shall include a certificate signed and acknowledged, pursuant to NRS 111.270, by any person who is the owner of the land:

 


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ê1977 Statutes of Nevada, Page 1503 (Chapter 580, AB 475)ê

 

signed and acknowledged, pursuant to NRS 111.270, by any person who is the owner of the land:

      (a) Consenting to the preparation and recordation of the final map.

      (b) Offering for dedication that part of the land which the person wishes to dedicate for public use, subject to any reservation contained therein.

      (c) Reserving any parcel from dedication.

      (d) Granting any permanent easement for utility installation or access, as designated on the final map, together with a statement approving such easement, signed by the public utility or person in whose favor the easement is created or whose services are required.

      2.  For the purpose of this section the following shall be deemed not to be an interest in land under this section:

      (a) A lien for taxes or special assessments.

      (b) A trust interest under a bond indenture.

      3.  A local government may by ordinance require a title company to:

      (a) Certify that each person signing the final map owns of record an interest in the land and that all of the owners of record of the land have signed the final map; and

      (b) List any lien or mortgage holders of record.

      Sec. 19.  A final map presented for filing shall include a certificate of the surveyor responsible for the survey and the certificate shall be in the following form:

 

SURVEYORS CERTIFICATE

I, ........................................, a Registered Land Surveyor

                  (Name of Surveyor)

in the State of Nevada, certify that:

       1.  This is a true and accurate representation of the lands surveyed under my supervision at the instance of .........................................

                (Owner, Trustee, Etc.)

       2.  The lands surveyed lie within .............................................

                                                         (Section(s), Township, Range,

                                                                    and Meridian)

       ....... and the survey was completed on ..............................

                                                                        (date)

       3.  This plat complies with the applicable state statutes and any local ordinances.

       4.  The monuments are of the character shown and occupy the positions indicated.

(OR)

       4.  The monuments will be of the character shown and occupy the positions indicated by ..............................

                                                                                                                                                (a day certain)

       ....... and that an appropriate performance bond has been posted with the Governing Body to assure their installation.

..................................................                             ...........................................................

                                  date                                                      Name of Surveyor,

                                                                                                Registration Number and Seal

 

      Sec. 20.  1.  A final map presented for filing shall include a certificate by the county surveyor or county engineer if a subdivision lies within an unincorporated area, and if a subdivision lies within a city, a certificate by the city engineer or by the county surveyor when for that purpose appointed by the governing body of the city, stating:

 


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ê1977 Statutes of Nevada, Page 1504 (Chapter 580, AB 475)ê

 

unincorporated area, and if a subdivision lies within a city, a certificate by the city engineer or by the county surveyor when for that purpose appointed by the governing body of the city, stating:

      (a) That he has examined the final map;

      (b) That the map is technically correct and that if the monuments have not been set, that a proper performance bond has been deposited guaranteeing their setting on or before a day certain.

      2.  The person certifying the information required by this section shall be a registered land surveyor or a registered civil engineer.

      Sec. 21.  1.  A final map presented for filing shall include a certificate by:

      (a) The health division of the department of human resources, or the local agency acting pursuant to section 6 of this act, indicating that the final map is approved concerning sewage disposal, water pollution, water quality and water supply facilities.

      (b) The division of water resources of the state department of conservation and natural resources, showing that the final map is approved concerning water quantity.

      2.  A copy of the certificate by the division of water resources required by subsection 1 shall be furnished to the subdivider who in turn shall provide a copy of such certificate to each purchaser of land prior to the time the sale is completed. Any statement of approval as required in subsection 1 is not a warranty or representation in favor of any person as to the safety or quantity of such water.

      Sec. 22.  1.  A final map presented for filing shall include a certificate by the clerk of the governing body stating that the body approved the map and accepted or rejected on behalf of the public any parcel of land offered for dedication for public use in conformity with the terms of the offer of dedication.

      2.  The chairman of the planning commission, the director of planning on behalf of the planning commission or, if no planning commission exists, the clerk of the governing body shall certify on the final map that it substantially complies with the tentative map and all conditions have been met.

      3.  The clerk of the governing body shall cause the approved final map to be presented to the county recorder for filing.

      Sec. 23.  NRS 278.450 is hereby amended to read as follows:

      278.450  The county recorder shall collect a fee of $25, plus 25 cents per lot [,] or unit mapped, for the recordation of any final map. The fee shall be deposited in the general fund of the county where it is collected.

      Sec. 24.  NRS 278.460 is hereby amended to read as follows:

      278.460  1.  A county recorder shall not file for record any final map unless such map contains all the certificates of approval, conveyance and consent required by the provisions of sections 18 to 22, inclusive, of this act and by the provisions of any local ordinance.

      2.  Nothing contained in NRS 278.010 to 278.630, inclusive, prevents the recording under the provisions of NRS 278.010 to 278.630, inclusive, and any applicable local ordinances of a [final] map of any land which is not [defined as] a subdivision, nor do NRS 278.010 to 278.630, inclusive, prohibit the filing of a map in accordance with the provisions of any statute requiring the filing of registered land surveyor’s records of surveys.


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ê1977 Statutes of Nevada, Page 1505 (Chapter 580, AB 475)ê

 

any statute requiring the filing of registered land surveyor’s records of surveys.

      3.  A county recorder shall accept or refuse a final map for recordation within 10 days after its delivery to him.

      Sec. 25.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 26 to 28, inclusive, of this act.

      Sec. 26.  If an error or omission is found in any recorded subdivision plat, record of survey, parcel map or reversionary map, and the correction changes or purports to change the physical location of any survey monument, property line or boundary line, the county surveyor or governing body may cause an amended plat, survey or map to be filed and recorded.

      Sec. 27.  1.  If an error or omission is found in any subdivision plat, record of survey, parcel map, or reversionary map and the correction does not change or purport to change the physical location of any survey monument, property line or boundary line, the county surveyor or governing body may cause a certificate of amendment to be filed and recorded. The surveyor who made the survey shall prepare and record the certificate within 90 days after notification by the county surveyor or governing body. If the surveyor is no longer professionally active in the county the county surveyor or a registered land surveyor appointed by the board of county commissioners shall prepare the certificate.

      2.  The certificate of amendment shall:

      (a) Be in the form of a letter addressed to the county surveyor or the governing body;

      (b) Specify the title and recording date of the document being amended;

      (c) Concisely state the data being amended and the correction or omission;

      (d) Be dated, signed and sealed by the surveyor preparing the certificate; and

      (e) Contain the following statement, dated and signed by the county surveyor or a registered land surveyor appointed by the county governing body:

 

       I hereby certify that I have examined the certificate of amendment and that the changes to the original document specified therein are provided for in applicable sections of NRS 278.010 to 278.630, inclusive, NRS 625.340 to 625.380, inclusive, and local ordinances adopted pursuant thereto, and I am satisfied that this certificate of amendment so amends the document as to make it technically correct.

 

      3.  Upon the recording of a certificate of amendment, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the original document being amended.

      Sec. 28.  1.  Any amendment of a recorded subdivision plat, parcel map, or record of survey which changes or purports to change the physical location of any survey monument, property line or boundary line is subject to the following requirements:

      (a) If the proposed amendment is to a parcel map or record of survey the same procedures and requirements apply as in the original filing.


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ê1977 Statutes of Nevada, Page 1506 (Chapter 580, AB 475)ê

 

      (b) If the proposed amendment is to a subdivision plat only those procedures for the approval and filing of a final map and the requirements of subsection 2 apply.

      2.  Any amended plat, map or survey shall:

      (a) Be identical in size and scale to the document being amended, drawn in the manner and on the material provided by law;

      (b) Have the words “Amended Plat of” prominently displayed on each sheet above the title of the document amended;

      (c) Have a blank margin for the county recorder’s index information;

      (d) Have a 3-inch square adjacent to and on the left side of the existing square for the county recorder’s information and stamp;

      (e) Contain the certificate required by section 18 of this act or an order of the district court of the county in which the land is located that the amendment may be approved without all the necessary signatures when such order is based upon a finding that a bona fide effort was made to communicate with the necessary persons, that all persons who responded have consented thereto and that the amendment does not adversely affect the persons who did not respond;

      (f) Contain a certificate of the registered land surveyor who prepared the amendment stating that it complies with all pertinent sections of NRS 278.010 to 278.630, inclusive, and NRS 625.340 to 625.380, inclusive, and with any applicable local ordinance; and

      (g) Contain a certificate executed by the appropriate county surveyor, county engineer or city engineer if he is a registered land surveyor or a registered civil engineer stating that he has examined the document and that it is technically correct.

      3.  Upon recording the amended document, the county recorder shall cause a proper notation to be entered upon all recorded sheets of the document being amended.

      Sec. 29.  NRS 278.480 is hereby amended to read as follows:

      278.480  1.  [Any person, firm or corporation] Any abutting owner or local government desiring the vacation or abandonment of any street or easement or portion thereof shall file a petition in writing [, signed by not less than three owners of lands within the area affected by the proposed vacation and abandonment,] with the governing body having jurisdiction.

      2.  If there [be] is a planning commission, the governing body shall refer the petition to the planning commission, which shall report thereon to the governing body as set forth in NRS 278.240.

      3.  Whenever any [streets are] street or easement is proposed to be vacated, the governing body shall cause the [streets] street or easement to be posted with a notice setting forth the extent of the proposed abandonment and setting a date for public hearing, which date shall be not less than [30] 10 days and not more than 40 days subsequent to the date of [posting of the street.] the posting.

      4.  [If,] Except as provided in subsection 5, if, upon public hearing, the governing body is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street [to be] or easement vacated. The governing body may make such order conditional, and the order shall become effective only upon the fulfillment of the conditions prescribed.


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ê1977 Statutes of Nevada, Page 1507 (Chapter 580, AB 475)ê

 

      5.  If a utility has an easement over the property, the governing body shall provide in its order for the continuation of that easement.

      6.  The order shall be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon such recordation title to the street [shall revert] or easement reverts upon the payment required in subsection [6,] 7, to the abutting property owners in the approximate proportion that the property was dedicated by such abutting property owners or their predecessors in interest. In the event of a partial vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion thereof, the governing body may sell such vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city. If the governing body so sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his property, but no such action shall be taken by the governing body to force such owner to purchase such portion and no such portion shall be sold to any person other than such owner if such sale would result in a complete loss of access to a street from such abutting property.

      [6.]7.  The abutting property owners shall pay for title to the proportionate part of the street such consideration as the governing body determines to be reasonable. If the governing body determines that the vacation has a public benefit, it may apply such benefit as an offset against any determination of reasonable consideration which did not take into account the public benefit.

      [7.]8.  Any easement for light and air adjacent to any vacated street is vacated upon the vacation of the street.

      [8.]9.  In any vacation or abandonment of any street or portion thereof, the governing body may reserve and except therefrom any easements, rights or interests therein which the governing body may deem desirable for the use of the city or of any public utility.

      Sec. 30.  NRS 278.490 is hereby amended to read as follows:

      278.490  1.  Any [person, firm or corporation] owner or governing body desiring to revert or abandon any subdivision map, parcel map or part thereof to acreage or to abandon any subdivision map, parcel map or portion thereof shall [cause a final map of the reversion or abandonment to be recorded in the office of the county recorder.] submit a written application accompanied by a map of the proposed abandonment or reversion to the governing body for approval. The application shall describe the requested changes.

      2.  The [final] map shall contain the [certificate set forth in subsection 1 of NRS 278.420,] certificates required by sections 18 to 22, inclusive, of this act and shall be presented to the governing body for approval. If the map includes the abandonment of any public [streets,] street or easement, the provisions of NRS 278.480 [must] shall be followed prior to the [recordation] approval of the map.

      3.  Except for the provisions of this section and any provision or ordinance relating to the payment of fees in conjunction with filing or recordation or checking of a final [map,] map or parcel map, no other provision of NRS 278.010 to 278.630, inclusive, shall apply to a map made solely for the purpose of abandonment of a former map or for reversion of any [subdivision] land division to acreage.


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ê1977 Statutes of Nevada, Page 1508 (Chapter 580, AB 475)ê

 

for the purpose of abandonment of a former map or for reversion of any [subdivision] land division to acreage.

      4.  Upon [the recording of a final map of such] approval of the map of reversion or abandonment, it shall be recorded by the governing body in the office of the county recorder and the county recorder shall make a written notation of the fact on each sheet of the previously recorded final map or parcel map affected by the later recording.

      Sec. 31.  NRS 278.497 is hereby amended to read as follows:

      278.497  As used in NRS 278.4971 to 278.4987, inclusive, the words and terms defined in NRS 278.4971 to [278.4978,] 278.4977, inclusive, have the meanings ascribed to them in those sections, unless the context otherwise requires.

      Sec. 32.  (Deleted by amendment.)

      Sec. 33.  NRS 278.500 is hereby amended to read as follows:

      278.500  1.  A person who proposes to divide any land for transfer or development into four or fewer lots any of which has a nominal area of less than: [40 acres, or, in a county whose population is 200,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, into five or more lots whose nominal area is 10 acres or more but less than 40 acres]

      (a) Ten acres, in any county or city which has adopted an ordinance by which the county or city elected to limit the applicability of the term “subdivision” for the purposes of NRS 278.320 to land divisions having a nominal area of less than 10 acres; or

      (b) Forty acres, in those areas where such an ordinance has not been adopted,

including roads and roadway easements, shall file a parcel map in the office of the county recorder, unless this requirement is waived. [No survey may be required if the requirement of a parcel map is waived.

      2.  The governing body may require such street grading and drainage provisions as are reasonably necessary for lot access and drainage needs. It may also require such lot design as is reasonably necessary and such off-site access, street alignment, surfacing and width, water quality, water supply and sewerage provisions as are reasonably necessary and consistent with the existing development of adjacent property.

      3.  A certificate for execution by the director of the planning department or clerk of the appropriate governing body shall appear on each parcel map stating that the body or department approves the map for purposes of land division.

      4.  The governing body shall, in any city or county having a planning department or planning personnel, give the planning director or other designated representative of the planning department the authority to approve a parcel map, or waive the requirement of a parcel map or survey for a parcel map, without further action by the planning commission or the governing body. The planning department, or the governing body where no planning department or planning personnel exist, shall review the parcel map if required and within 45 days after filing shall approve, conditionally approve or disapprove such map, unless the time is extended by agreement with the applicant.

      If the applicant disagrees with any decision of the planning department concerning the parcel map, or if the map is disapproved, the applicant has 30 days in which to file an appeal with the planning commission.


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ê1977 Statutes of Nevada, Page 1509 (Chapter 580, AB 475)ê

 

has 30 days in which to file an appeal with the planning commission. The planning commission shall make a determination within 45 days from the date the appeal was filed.

      If the planning commission denies the appeal, the applicant has 30 days in which to file an appeal with the governing body. The governing body shall make a final determination within 45 days from the date the appeal was filed.

      5.]2.  A parcel map is not required when the land division is for the express purpose of:

      (a) Creation or realignment of a [right-of-way.] public right-of-way by a public agency.

      (b) Creation or realignment of an easement.

      (c) [An amendment or certificate of amendment under NRS 278.491 to 278.495, inclusive.

      (d)] Adjustment of the boundary line or the transfer of land between two adjacent property owners which does not result in the creation of any additional parcels.

      [(e)](d) Purchase, transfer or development of space within an apartment building or an industrial or commercial building.

      (e) Carrying out an order of any court or dividing land as a result of an operation of law.

      3.  A parcel map is not required for any of the following transactions involving land:

      (a) Creation of a lien, mortgage, deed of trust or any other security instrument.

      (b) Creation of a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity.

      (c) Conveying an interest in oil, gas, minerals or building materials, which are severed from the surface ownership of real property.

      (d) Filing a certificate of amendment under section 27 of this act.

      [6.]4.  When two or more separate lots, parcels, sites, units or plots of land are purchased, they [shall] remain separate for the purposes of this section and NRS 278.550, 278.590 and 278.630. When such lots, parcels, sites, units or plots are resold or conveyed they [shall be] are exempt from the provisions of NRS 278.010 to 278.630, inclusive [.] , until further divided.

      Unless a method of land division is adopted for the purpose or would have the effect of evading this chapter, the provisions for division of land by a parcel map do not apply to a transaction exempted by subsection 1(b) of NRS 278.320.

      Sec. 34.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 35 and 36, of this act.

      Sec. 35.  The governing body may require:

      1.  Street grading, drainage provisions and lot designs as are reasonably necessary.

      2.  Offsite access, street alignment, surfacing and width, water quality, water supply and sewerage provisions as are reasonably necessary and consistent with the existing use of any land zoned for similar use which is within 660 feet of the proposed parcel. If the proposed parcels are less than 1 acre, the governing body may require additional improvements which are reasonably necessary and consistent with the use of the land if it is developed as proposed.


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ê1977 Statutes of Nevada, Page 1510 (Chapter 580, AB 475)ê

 

which are reasonably necessary and consistent with the use of the land if it is developed as proposed.

      3.  For a second or subsequent parcel map with respect to a single parcel or contiguous tract of land under the same ownership any reasonable improvement, but not more than would be required if the parcel were a subdivision.

      Sec. 36.  1.  The governing body or, by authorization of the governing body, the director of planning or other authorized person or agency shall review and approve, conditionally approve or disapprove a parcel map and if unusual circumstances exist may waive the requirement for a parcel map or survey.

      2.  Before waiving a parcel map or survey, a determination shall be made by the county surveyor or another registered land surveyor that a survey is not required.

      3.  Unless the time is extended by mutual agreement a request for waiver or the submission of a parcel map shall be acted upon within 30 days or in the absence of action shall be deemed approved.

      4.  An applicant aggrieved by a decision of the governing body’s authorized representative may appeal to the planning commission within 30 days and the commission shall render its decision within 45 days after filing of the appeal.

      5.  If the planning commission denies the appeal, the applicant may appeal to the governing body within 30 days and the governing body shall render its decision within 45 days after filing of the appeal.

      6.  The approval of a parcel map and the associated land division shall be noted on the map in the form of a certificate attached thereto and executed by the clerk of the governing body, the governing body’s designated representative or the chairman of the planning commission.

      Sec. 37.  NRS 278.510 is hereby amended to read as follows:

      278.510  1.  The parcel map shall be legibly drawn in black waterproof india ink on tracing cloth or produced by the use of other materials of a permanent nature generally used for such purpose in the engineering profession. The size of each sheet shall be 24 by 32 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.

      2.  A parcel map shall indicate the owner of any adjoining land, or right-of-way if owned by the person dividing the land.

      3.  If a survey is required, the parcel map shall show:

      (a) All monuments found, set, reset, replaced or removed, describing their kind, size and location, and giving other data relating thereto.

      (b) Bearing or witness monuments, basis of bearings, bearing and length of lines and scale of map.

      (c) Name and legal designation of tract or grant in which the survey is located and ties to adjoining tracts.

      (d) Memorandum of oaths.

      (e) Signature of surveyor.

      (f) Date of survey.

      (g) Signature of the owner or owners of the land to be divided. [;]

      (h) Any easements granted or dedications made. [; and]


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ê1977 Statutes of Nevada, Page 1511 (Chapter 580, AB 475)ê

 

      (i) Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines and area shown.

      [3]4.  If a survey is not required, the parcel map shall show:

      (a) By appropriate reference to the existing information on which it is based, the tract to be divided and the resulting lots;

      (b) The means of access to the several lots;

      (c) The signature of the owner or owners of the land to be divided;

      (d) Any easements granted or dedications made; and

      (e) Any other data necessary for intelligent interpretation of the division and access.

      [4.]5.  If a survey is not required for the preparation of a parcel map, the map [must] shall be prepared by a registered land surveyor, but his certificate upon the map may include substantially the following:

 

       This map was prepared from existing information (identifying it and stating where filed or recorded), and the undersigned assumes no responsibility for the existence of monuments or correctness of other information shown on or copied from any such prior document.

 

      6.  If the requirement for a parcel map is waived, the governing body may specify by local ordinance the type and extent of information or mapping necessary for the land division.

      7.  Reference to the parcel number and recording data of a recorded parcel map is a complete legal description of the land contained in such parcel.

      Sec. 38.  Chapter 278 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  If the parcel map is waived the authority which granted the waiver may require the preparation and recording of a document which contains:

      (a) A legal description of all parts based on a system of rectangular surveys;

      (b) A provision for the dedication or reservation of any road right-of-way or easement; and

      (c) The approval of the authority which granted the waiver.

      2.  If a description by metes and bounds is necessary in describing the parcel division, it shall be prepared by a registered land surveyor and bear his signature and stamp.

      3.  The person preparing the document may include the following statement:

 

       This document was prepared from existing information (identifying it and stating where filed and recorded) and the undersigned assumes no responsibility for the existence of monuments or correctness of other information shown on or copied from any such prior document.

 

      Sec. 39.  NRS 278.540 is hereby amended to read as follows:

      278.540  If a record of survey contains [more than four] two or more lots or parcels, the surveyor or a person [or one of the persons] for whom the record of survey is made shall place upon the map thereof a statement of the facts which will clearly show that such record of survey is not [of a subdivision as defined in NRS 278.010 to 278.630, inclusive, or all] in conflict with the requirements of NRS 278.010 to 278.630, inclusive, [concerning subdivision of real property] and the regulations of transactions pertaining thereto shall be complied with.


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ê1977 Statutes of Nevada, Page 1512 (Chapter 580, AB 475)ê

 

or all] in conflict with the requirements of NRS 278.010 to 278.630, inclusive, [concerning subdivision of real property] and the regulations of transactions pertaining thereto shall be complied with.

      Sec. 40.  NRS 278.565 is hereby amended to read as follows:

      278.565  1.  A copy of deed restrictions proposed for a subdivision in a county having a population of 100,000 or more but less than 200,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, shall be filed with the planning commission or governing body [along] with the tentative map. [pursuant to NRS 278.330.]

      2.  Upon final approval of the subdivision, a copy of such restrictions shall be:

      (a) Filed with the building inspector having jurisdiction over the area within which such subdivision is situated.

      (b) Presented to each prospective purchaser of real property within such subdivision.

      Sec. 41.  NRS 278.590 is hereby amended to read as follows:

      278.590  1.  It is unlawful for any person to offer to sell, to contract to sell, to sell or to transfer any subdivision or any part thereof, or land divided pursuant to [NRS 278.500,] a parcel map, until the final map or parcel map thereof, in full compliance with the appropriate provisions of NRS 278.010 to 278.630, inclusive, and any local ordinance has been duly recorded in the office of the recorder of the county in which any portion of the subdivision or land divided is located.

      2.  [Any offer to sell, contract to sell, sale or transfer contrary to the provisions of NRS 278.010 to 278.630, inclusive, is a misdemeanor. Nothing herein contained shall be deemed to] A person who violates the provisions of subsection 1 is guilty of a misdemeanor and is liable for a civil penalty of not more than $300 for each lot or parcel offered, sold or transferred.

      3.  This section does not bar any legal, equitable or summary remedy to which any aggrieved municipality or other political subdivision, or any person, firm or corporation may otherwise be entitled, and any such municipality or other political subdivision or person, firm or corporation may file suit in the district court of the county in which any property attempted to be divided or sold in violation of NRS 278.010 to 278.630, inclusive, is located to restrain or enjoin any attempted or proposed division or sale in violation of NRS 278.010 to 278.630, inclusive.

      Sec. 42.  Chapter 40 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      In any proceeding involving disposition of land the court shall consider lot size and other applicable zoning requirements before ordering a physical division of the land.

      Sec. 43.  NRS 117.027 is hereby amended to read as follows:

      117.027  At the time any condominium map or plan is presented to the county recorder for recording the following certificates shall be presented to be recorded immediately prior to [such] the map or plan:

      1.  A subdivision report from a reputable title company showing the names of the parties who may be required to sign the map or plan and guaranteeing that the names of the parties contained therein are the only parties who are required to sign [such] the map or plan.


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ê1977 Statutes of Nevada, Page 1513 (Chapter 580, AB 475)ê

 

      2.  A certificate from a reputable title company showing that there are no liens against the condominium or any part thereof for delinquent state, county, municipal, federal or local taxes or assessments collected as taxes or special assessments.

      3.  A certificate from:

      (a) The health division of the department of human resources, or the local agency acting pursuant to section 6 of this act, showing that the [health division has approved the] map or plan is approved concerning sewage disposal, water pollution, water quality and water supply facilities.

      (b) The division of water resources of the state department of conservation and natural resources [,] showing that the final map is approved concerning water quality.

      4.  A copy of the certificate from the division of water resources required by subsection 3 shall be furnished to the condominium subdivider who in turn shall provide a copy of such certificate to each purchaser of a condominium unit prior to the time the sale is completed. No statement of approval as required in subsection 3 is a warranty or representation in favor of any person as to the safety or quantity of such water.

      Sec. 44.  NRS 117.120 is hereby amended to read as follows:

      117.120  1.  A condominium project consisting of five or more units shall be deemed to be a subdivision of land within the meaning of NRS 278.320, but only NRS [278.330,] 278.340, 278.350, 278.360, 278.370, [278.380, 278.390, subsection 1 of NRS 278.400, subsections 1, 2, 3, 4, 5, 7, 8, 9 and 10 of NRS 278.410 and NRS 278.420, 278.430, 278.450, 278.460, 278.470, 278.480 and 278.490 shall be applicable] 278.390, 278.410, except for subsection 6, 278.450, 278.460, 278.480, 278.490 and sections 6 to 8, inclusive, subsections 1 and 2 of section 14, sections 17 and 26 to 28, inclusive, of this act apply to such condominium projects.

      2.  A condominium project consisting of four units or less shall be deemed to be a [subdivision] division of land within the meaning of NRS 278.500, but only NRS 278.500 [, 278.510, 278.540, 278.550 and subsection 1 of NRS 278.560 shall be applicable] and sections 14, 35 and 36 of this act apply to such condominium projects.

      3.  Tentative or final maps or parcel maps required to be prepared and recorded by any of the statutory sections listed in subsections 1 and 2 of this section shall conform with the requirements of NRS 117.020. The sections of NRS listed in subsections 1 and 2 of this section and all other sections of NRS which are [deemed] applicable to condominiums or condominium projects shall be liberally construed to avoid unreasonable and unduly technical application of such sections to condominiums and condominium projects, and to encourage the establishment of condominiums and condominium projects in Nevada.

      Sec. 45.  NRS 119.120 is hereby amended to read as follows:

      119.120  1.  The provisions of this chapter do not apply, unless the method of disposition is adopted for the purpose of the evasion of the provisions of this chapter or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, upon notification to the division by the person electing to be exempt under this subsection, to the making of any offer or disposition of any subdivision or lot, parcel, unit or interest therein:


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ê1977 Statutes of Nevada, Page 1514 (Chapter 580, AB 475)ê

 

      (a) By a purchaser of any subdivision lot, parcel, interest or unit thereof for his own account in a single or isolated transaction.

      (b) If each lot, parcel, interest or unit being offered or disposed of in any subdivision is more than 80 acres in size. For purposes of this subsection, the size of any undivided interest being offered or disposed of in any subdivision shall be computed by dividing the number of undivided interests into the area of the subdivision, exclusive of common or reserved areas, roadways or easements.

      (c) If each lot, parcel, interest or unit being offered or disposed of in any subdivision is 40 acres or more, including roadways and easements, but not more than 80 acres in size, so long as the form and content of the advertising to be used is filed and approved in compliance with subsection 7 of NRS 119.180. The size of undivided interests shall be computed as provided in paragraph (b) of this subsection.

      (d) To any person who is engaged in the business of the construction of residential, commercial or industrial buildings for disposition.

      (e) By any person licensed in the State of Nevada to construct residential buildings and where such land being offered or disposed of is to include a residential building when disposition is completed.

      (f) Pursuant to the order of any court of this state.

      (g) By any government or government agency.

      (h) To any offer or disposition of any evidence of indebtedness secured by way of any mortgage or deed of trust of real estate.

      (i) To securities or units interest issued by an investment trust regulated under the laws of this state, except where the division finds that the enforcement of this chapter with respect to such securities or units of interest is necessary in the public interest and for the protection of purchasers.

      (j) To cemetery lots.

      2.  Unless the method of disposition is adopted for the purpose of the evasion of the provisions of this chapter or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, this chapter [shall] does not apply to the sale or lease of real estate which is free and clear of all liens, encumbrances and adverse claims if each and every purchaser or his or her spouse has personally inspected the lot which he purchased and if the developer executes a written affirmation to that effect to be made a matter of record in accordance with [rules and] regulations [of the administrator] of the division. As used in this subsection, the terms “liens,” “encumbrances” and “adverse claims” are not intended to refer to purchase money encumbrances nor property reservations which land developers commonly convey or dedicate to local bodies or public utilities for the purpose of bringing public services to the land being developed nor to taxes and assessments which, under applicable state or local law, constitute liens on the property before they are due and payable.

      3.  The division may from time to time, pursuant to [rules and regulations issued] regulations adopted by it, exempt from any of the provisions of this chapter any subdivision, if it finds that the enforcement of this chapter with respect to such subdivision or lots, parcels, units or interests is not necessary in the public interest and for the protection of purchasers.


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ê1977 Statutes of Nevada, Page 1515 (Chapter 580, AB 475)ê

 

      4.  Any subdivision which has been registered under the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, [shall be] is subject to all of the requirements of this chapter, except that such subdivision may file with the division a copy of an effective statement of record filed with the Secretary of Housing and Urban Development. To the extent that the information contained in the effective statement of record provides the division with information required under this chapter, the effective statement of record may substitute for information otherwise required under this chapter.

      5.  An exemption pursuant to this chapter is not an exemption from the provisions of NRS 278.010 to 278.630, inclusive.

      Sec. 46.  Chapter 119 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The provisions of this chapter are in addition to and not a substitute for NRS 278.010 to 278.630, inclusive.

      Sec. 47.  NRS 270.010 is hereby amended to read as follows:

      270.010  Whenever:

      1.  The map or [maps, or plat or plats,] plat of any city or of any part [or subdivision] thereof or addition thereto, [heretofore] filed or recorded in accordance with the then existing law or [laws, or that may hereafter be] filed and recorded in accordance with this chapter [or other subsisting acts, shall,] is, by reason of error or mistake, or lack of sufficient description, or by reason of the fact that the original map or [maps, plat or plats, have been] plat is lost or destroyed, or by reason of the fact that there have been filed or recorded two or more conflicting maps or plats for such city or part [or subdivision] thereof or addition thereto, [be] is uncertain or ambiguous; or

      2.  By reason of the mistaken, faulty, erroneous platting or description of or on any such map or [maps, or plat or plats,] plat, or by reason of the destruction of section corners or other artificial or natural monuments, there [shall be] is any substantial uncertainty, ambiguity or confusion as to the correct and accurate description or location of the lands, blocks or lots therein described or the liens of the blocks, lots, streets, alleys, highways, parks, school property, cemeteries or other pieces or parcels devoted to public use,

such lost or destroyed map or [maps, or plat or plats,] plat may be restored or such faulty, erroneous or ambiguous map or [maps, or plat or plats,] plat may be corrected, or the confusion, ambiguity or uncertainty arising by reason of there being two or more conflicting maps or plats, or by reason of the destruction of section corners or other artificial or natural monuments, may be cured as [hereinafter specified] provided in NRS 270.010 to 270.150, inclusive.

      Sec. 48.  NRS 270.020 is hereby amended to read as follows:

      270.020  1.  The city council, or other legislative board of any such city, [either] upon its own motion or resolution or upon the petition of any property holder and taxpayer within the city, affected by such loss, destruction, uncertainty, ambiguity, confusion or conflict, may instruct and employ the city [engineer of the city,] surveyor or the county [engineer] surveyor of the county in which the city is situate, or any other [competent surveyor or civil engineer,] registered land surveyor, to make a complete survey of such city or of such part [or subdivision] thereof or addition thereto and to prepare a correct and accurate map or plat of such survey, upon which map or plat [shall be laid down and delineated] all of the blocks, lots, streets, alleys, highways, parks, school property, cemeteries and other properties devoted to public use [.]


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ê1977 Statutes of Nevada, Page 1516 (Chapter 580, AB 475)ê

 

a complete survey of such city or of such part [or subdivision] thereof or addition thereto and to prepare a correct and accurate map or plat of such survey, upon which map or plat [shall be laid down and delineated] all of the blocks, lots, streets, alleys, highways, parks, school property, cemeteries and other properties devoted to public use [.] shall be shown.

      2.  The map or plat shall show by course and distance accurate ties with well-known and established section, or quarter section, corner or corners, and with some permanent artificial monument or monuments erected or constructed with definite and exact relation to the center line of the streets of such city or such part [or subdivision] thereof or addition thereto and with such marks or monuments of original surveys as may be found and identified, together with an accurate description of each such section, or quarter section, corner, monument or mark.

      3.  The map shall be entitled substantially as follows: “Map of survey of city of ................................. (or of ...................................... [subdivision of or] addition to city of ................................, as the case may be) under the provisions of chapter 270 of NRS and in accordance with a resolution of the board of supervisors of the city of ..................................... (or as the case may be). Passed........................... (giving date).”

      4.  The map shall bear the sworn certificate of the [engineer or] surveyor making the same and shall be made upon vellum, tracing cloth or other material of a permanent nature generally used for such purpose in the engineering profession, and shall be drawn to a convenient scale sufficiently large to show clearly all lines and corners of blocks, lots, streets, alleys, highways, parks, school property, cemeteries and other property devoted to public use. Where there is any uncertainty as to the correct position, description or line of any lot, block, street, alley or other piece or parcel of property affected, or wherever there is a conflict or contradiction in point, line, numbering, lettering or other description, by reason of conflicting maps, theretofore filed or recorded, or by reason of mistakes or inaccuracies in any prior map or [maps, or plat or plats,] plat, or otherwise, the same shall be clearly shown or indicated. Wherever the line on which fences, buildings or other improvements have been built in accordance with prior maps, plats or surveys, or otherwise, and the same appear to be in conflict with the lines, points or directions, as shown in the map or plat herein provided for, such conflict or conflicts shall likewise be clearly shown.

      5.  The map may be prepared in as many sections and with such changes in scale as may be necessary to show clearly the matters herein required.

      Sec. 49.  NRS 270.050 is hereby amended to read as follows:

      270.050  1.  Objections or exceptions to such maps or plats shall be in writing, under the oath of the objecting or excepting party, and shall be filed with the clerk of the board not later than 60 days after the first publication of the notice and the clerk shall endorse his filing marks thereon.

      2.  [Such] The objections or exceptions need not be in any precise or particular form, but shall state clearly the nature of the objection or exception and the grounds and facts upon which the same are based, and shall conform so far as may be practicable to pleadings in courts of record.


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ê1977 Statutes of Nevada, Page 1517 (Chapter 580, AB 475)ê

 

shall conform so far as may be practicable to pleadings in courts of record. No answer or reply need be made or filed to put such objections or exceptions at issue, but the same shall be considered at issue upon the map or plat and the objections or exceptions thereto. Such objections or exceptions shall be entitled: “Before the city council (or ..............................., as the case may be) of the city of .............................., county of .............................., State of Nevada. In the matter of the adoption of a map or plat of and for the city of .................................................. (or the ................................. [subdivision of, or] addition to, such city, as the case may be.)”

      Sec. 50.  NRS 270.070 is hereby amended to read as follows:

      270.070  1.  The summons in the action need not contain a description by lot or block numbers or by metes and bounds, but shall refer generally to the purpose of the action and shall contain the name of the city or part [or subdivision] thereof or addition thereto to be affected by the action.

      2.  A copy of the summons shall be posted in 3 conspicuous places within the city within 10 days after the filing of the complaint.

      3.  After the service of the summons and complaint, as herein provided, and the filing of the notice of the pendency of such action and the posting of summons, as in this section specified, all of the property within such city or part [or subdivision] thereof or addition thereto shall, for all of the purposes of the action, be conclusively deemed within the jurisdiction of the district court in which such action is brought.

      4.  If the names of the owner or owners of any of the property within the city shall be unknown to the plaintiff, such fact may be recited in the complaint in the action and any and all such owners impleaded under fictitious names, and the complaint may be thereafter amended if the true names of such fictitious defendants or any of them be thereafter ascertained. The judgment and decree in the action shall be binding and conclusive as to all of the property affected, whether the owners, or one or more thereof, of any of the parcels of property within the city be actually named as party or parties defendant or not.

      Sec. 51.  NRS 270.090 is hereby amended to read as follows:

      270.090  1.  Findings of fact and conclusions of law and judgment shall be made and entered as in other cases, and exceptions, motions for new trial and appeals may be had as provided in NRS and Nevada Rules of Appellate Procedure.

      2.  The court or judge thereof shall in the findings and decree adopt, settle, determine, fix and establish a definite map or plat of the city or part [or subdivision] thereof or addition thereto, in accordance with the pleadings and proof, and shall, by reference, make a part of the findings and judgment the map or plat so adopted, settled, determined, fixed and established.

      3.  Wherever blocks or parts of blocks in the original lost, destroyed, conflicting, erroneous, or faulty maps or plats have been insufficiently or incorrectly platted, numbered or lettered, the omission, insufficiency or fault shall be supplied and corrected in accordance with such pleadings and proof.

      4.  If the map or [maps, or plat or plats,] plat prepared by the [engineer as hereinbefore provided shall] surveyor by reason of the pleadings, proof, findings and judgment [be] is inadequate or impracticable of use for the judgment, the judgment or decree may require the making of a new map or [maps, or plat or plats,] plat in accordance with the provisions of the findings and judgment.


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ê1977 Statutes of Nevada, Page 1518 (Chapter 580, AB 475)ê

 

[engineer as hereinbefore provided shall] surveyor by reason of the pleadings, proof, findings and judgment [be] is inadequate or impracticable of use for the judgment, the judgment or decree may require the making of a new map or [maps, or plat or plats,] plat in accordance with the provisions of the findings and judgment.

      5.  A certified copy of such judgment, together with such map or [maps, or plat or plats, as shall finally be] plat as is adopted, settled, determined, fixed and established by the court, shall be filed in the office of the county recorder of the county in which the action is tried. All the ties and descriptions of section or quarter section corners, monuments or marks required by NRS 270.020 shall appear on such map finally established by the judgment. The county recorder shall be entitled to collect and receive as his fees for recording and indexing the certified copy of the judgment and map the following sums: $10 for the map, and regular charges, as provided by law, for the decree, but not exceeding $50.

      6.  The judgment may require that all prior existing maps in conflict with the map or plat adopted, shall be so marked or identified by the county recorder to show the substitution of the new map or plat in place thereof.

      Sec. 52.  NRS 270.180 is hereby amended to read as follows:

      270.180  NRS 270.160 to 270.180, inclusive, are intended to supplement and not to supersede the existing laws relating to the vacation of city and town plats [.] and do not apply to land divided pursuant to NRS 278.010 to 278.630, inclusive.

      Sec. 53.  NRS 280A.080 is hereby amended to read as follows:

      280A.080  The powers granted under the provisions of this chapter may be exercised by any city or county which enacts an ordinance [, if such ordinance:

      1.  Refers to this chapter.

      2.  Includes a statement of objectives for planned unit residential development, pursuant to the provisions of NRS 280A.090.

      3.  Designates the local agency which shall exercise the powers of the city or county.

      4.  Sets forth the standards for a planned unit residential development consistent with the provisions of this chapter.

      5.  Sets forth the procedures pertaining to the application for hearing on and tentative and final approval of a planned unit residential development, which shall be consistent with the provisions of this chapter.] conforming to the provisions of this chapter.

      Sec. 54.  NRS 280A.100 is hereby amended to read as follows:

      280A.100  1.  Each ordinance enacted pursuant to the provisions of this chapter shall set forth the standards and conditions by which a proposed planned unit residential development shall be evaluated.

      2.  The city or county may prescribe, from time to time, [rules and] regulations to supplement the standards and conditions set forth in the ordinance, if [:

      (a) Such rules and regulations are not inconsistent with the standards and conditions.

      (b) Such rules and] the regulations are made a matter of public record.


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ê1977 Statutes of Nevada, Page 1519 (Chapter 580, AB 475)ê

 

      3.  Any amendment or change of [such rules and] the regulations [shall] does not apply to any plan for which an application for tentative approval [has been] is made prior to the placing of public record any such amendment or change.

      [4.  Such standards and conditions and all supplementary rules and regulations established for a particular planned residential development authorized pursuant to such ordinance shall not inconsistent with the provisions of NRS 280A.110 to 280A.160, inclusive.]

      Sec. 55.  NRS 280A.110 is hereby amended to read as follows:

      280A.110  [1.]  An ordinance enacted pursuant to the provisions of this chapter shall set forth the uses permitted in a planned unit residential development. [, which uses may be limited to:

      (a) Dwelling units which are not detached, semidetached or multistoried structures or any combinations thereof.

      (b) Any nonresidential use to the extent such nonresidential use is designed and intended to serve the residents of the planned unit residential development.

      2.  An ordinance may establish regulations setting forth the timing of development among the various types of dwelling and may specify whether or not some or all nonresidential uses are to be built before, after or at the same time as the residential uses.]

      Sec. 56.  NRS 280A.120 is hereby amended to read as follows:

      280A.120  1.  An ordinance enacted pursuant to the provisions of this chapter shall establish standards governing the density or intensity of land use in a planned residential development.

      2.  [Such] The standards shall take into account the possibility that the density or intensity of land use otherwise allowable on the site under the provisions of a zoning ordinance previously enacted may not be appropriate for a planned unit residential development. The standards may vary the density or intensity of land use otherwise applicable to the land within the planned unit residential development in consideration of:

      (a) The amount, location and proposed use of common open space.

      (b) The location and physical characteristics of the site of the proposed planned residential development.

      (c) The location, design and type of dwelling units.

      (d) The criteria for approval of a tentative map of a subdivision.

      3.  In the case of a planned unit residential development which is proposed to be developed over a period for years, such standards may, to encourage the flexibility of housing density, design and type intended by the provisions of this chapter, authorize a departure from the density or intensity of use established for the entire planned unit residential development in the case of each section to be developed. The ordinance may authorize the city or county to allow for a greater concentration of density or intensity of land use within some section or sections of development whether or not it be earlier or later in the development than with regard to the others. The ordinance may require that the approval by the city or county of a greater concentration of density or intensity of land use for any section to be developed be offset by a smaller concentration in any completed prior stage or by an appropriate reservation of common open space on the remaining land by a grant of easement or by covenant in favor of the city or county, but such reservation shall, as far as practicable, defer the precise location of such common open space until an application for final approval is filed so that flexibility of development, which is a prime objective of this chapter, can be maintained.


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ê1977 Statutes of Nevada, Page 1520 (Chapter 580, AB 475)ê

 

the city or county, but such reservation shall, as far as practicable, defer the precise location of such common open space until an application for final approval is filed so that flexibility of development, which is a prime objective of this chapter, can be maintained.

      Sec. 57.  NRS 280A.140 is hereby amended to read as follows:

      280A.140  1.  The ordinance [may] shall provide that the city or county may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the ordinance shall not require, as a condition of the approval of a planned unit residential development, that land proposed to be set aside for common open space be dedicated or made available to public use. The ordinance may require that the landowner provide for and establish an organization for the ownership and maintenance of any common open space, and that such organization shall not be dissolved nor shall it dispose of any common open space by sale or otherwise, without first offering to dedicate such common open space to the city or county [.] , which offer shall be accepted or rejected within 120 days.

      2.  The ordinance may authorize such organization to make reasonable assessments to meet its necessary expenditures for maintaining the common open space in reasonable order and condition in accordance with the plan. The assessments shall be made ratably against the properties within the planned unit residential development that have a right of enjoyment of the common open space. The ordinance may provide for agreement between the organization and the property owners providing:

      (a) A reasonable method for notice and levy of the assessment; and

      (b) For the subordination of the liens securing such assessment to other liens either generally or specifically described.

      Sec. 58.  NRS 280A.142 is hereby amended to read as follows:

      280A.142  An organization established pursuant to NRS 280A.140 for the ownership and maintenance of common open space which receives payments from owners of property within the planned unit residential development for such maintenance shall:

      1.  Immediately deposit such payments in a separate trust account maintained by it with some bank or recognized depositary in this state.

      2.  Keep records of all such payments deposited therein [.] and all disbursements therefrom.

      Sec. 59.  NRS 280A.144 is hereby amended to read as follows:

      280A.144  1.  Any reasonable assessment upon any property within the planned unit residential development levied pursuant to NRS 280A.140 shall be a debt of the owner thereof at the time the assessment is made. The amount of the assessment plus interest, costs including attorney fees and penalties shall be a lien upon the property assessed when the organization causes to be recorded with the county recorder of the county wherein the development is located a notice of assessment which shall state:

      (a) The amount of the assessment and interest, costs and penalties;

      (b) A description of the property against which the same has been assessed; and

      (c) The name of the record owner of the property.

Such notice shall be signed by an authorized representative of the organization or as otherwise agreed. Upon payment or other satisfaction of the assessment and charges, the organization shall cause to be recorded a further notice stating the satisfaction and the release of the lien.


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ê1977 Statutes of Nevada, Page 1521 (Chapter 580, AB 475)ê

 

assessment and charges, the organization shall cause to be recorded a further notice stating the satisfaction and the release of the lien.

      2.  Such lien shall be prior to property taxes and assessments recorded subsequent to the recordation of the notice of assessment except where the agreement provides for its subordination to other liens and encumbrances. Unless sooner satisfied and released or its enforcement initiated as provided in NRS 280A.146, the lien shall expire and be of no further force or effect [1 year] 2 years from the date of recordation of the notice of assessment, but the [1-year] 2-year period may be extended by the organization for not [to exceed 1 additional year] more than 2 additional years by recording a written extension thereof.

      3.  Such lien may be enforced by sale by the organization, its agent or attorney after failure of the owner to pay such assessment in accordance with its terms. Such sale shall be conducted in accordance with the provisions of Covenants Nos. 6, 7 and 8 of NRS 107.030 and 107.090 insofar as they are consistent with the provisions of NRS 280A.146, or in any other manner permitted by law. Unless otherwise provided by agreement the organization, if it is a corporation, cooperative association, partnership or natural person, [shall have power to] may bid in the property at foreclosure sale and [to] hold, lease, mortgage and convey [the same.] it.

      Sec. 60.  NRS 280A.160 is hereby amended to read as follows:

      280A.160  1.  The total cost of such maintenance undertaken by the city or county shall be assessed ratably against the properties within the planned unit residential development that have a right of enjoyment of the common open space, and shall become a tax lien on such properties.

      2.  The city or county, at the time of entering upon such common open space for the purpose of maintenance, shall file a notice of such lien in the appropriate recorder’s office upon the properties affected by such lien within the planned unit residential development.

      Sec. 61.  NRS 280A.180 is hereby amended to read as follows:

      280A.180  1.  The authority granted a city or county by law to establish standards for the location, width, course and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, street lights, parks, playgrounds, school grounds, storm water drainage, water supply and distribution, sanitary sewers and sewage collection and treatment, applies to such improvements within a planned unit residential development.

      2.  The standards applicable to a planned unit residential development may be different from or modifications of the standards and requirements otherwise required of subdivisions which are authorized under an ordinance enacted pursuant to the provisions of law. [, if the planned unit residential development ordinance sets forth the limits and extent of any modifications or changes in such standards and requirements, in order that a landowner may know the limits and extent of permissible modifications from the standards otherwise applicable to subdivisions.

      3.  The limits of such modification or change established in an ordinance enacted pursuant to this chapter, as well as the degree of modification or change within such limits authorized in a particular case by the city or county, shall take into account the standards and requirements established in any ordinance otherwise enacted pursuant to law, which may not be appropriate or necessary for land development of a type or design contemplated by this chapter.]

 


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ê1977 Statutes of Nevada, Page 1522 (Chapter 580, AB 475)ê

 

may not be appropriate or necessary for land development of a type or design contemplated by this chapter.]

      Sec. 62.  NRS 280A.200 is hereby amended to read as follows:

      280A.200  1.  An ordinance enacted pursuant to this chapter may contain the minimum design standards set forth in NRS 280A.210 to [280A.340,] 280A.330, inclusive.

      2.  Where reference is made in any of these standards to a department which does not exist in the city or county concerned, the ordinance may provide for the discharge of the duty or exercise of the power by another agency of the city or county or by the governing body.

      Sec. 63.  NRS 280A.260 is hereby amended to read as follows:

      280A.260  [Where access is not provided by means of a private street, an easement at least 12 feet in width free of all vehicular impediments shall be provided for fire lanes as required by the fire department.] Fire lanes shall be provided as required by the fire department. Fire lanes may be grass areas.

      Sec. 64.  NRS 280A.270 is hereby amended to read as follows:

      280A.270  Exterior lighting within the development shall be provided [as follows:

      1.  On private common drives, safety lights are required and shall be placed no more than 40 feet apart on center with fixtures similar to Kendall # 3663, vandal proof and tamper proof 100 watt, Lightmate wall bracket with Herculex diffuser or equal.

      2.  On private vehicular access streets, each light shall be a minimum of 175 watt mercury vapor, depending upon street design, and may be Westinghouse Pinto type 2 design or equal. Polycarbonate lenses shall be used in place of glass. All designs, including spacing of luminaries shall be approved by the public works department.

      3.] on private common drives, private vehicular streets and on public streets. The lighting on all public streets shall conform to the standards approved by the governing body for regular use elsewhere in the city or county.

      Sec. 65.  NRS 280A.290 is hereby amended to read as follows:

      280A.290  A minimum of [three parking spaces] one parking space shall be provided for each dwelling unit. [, except that required parking may be reduced by the governing body upon showing of proper justification. Parking on interior and contiguous boundary public streets may be included as a portion of the required parking.]

      Sec. 66.  NRS 280A.300 is hereby amended to read as follows:

      280A.300  [1.]  Setback of buildings and other sight restrictions at the intersection of public or private streets shall [have the approval of the traffic department. A setback of 20 feet from a public or private street shall be provided.

      2.  No building may be located closer than 10 feet to any exterior boundary street.] conform to local standards.

      Sec. 67.  NRS 280A.320 is hereby amended to read as follows:

      280A.320  1.  The streets within the development may be private or public.

      2.  [A private street which serves as access to parking areas and is connected to a vehicular access street or a public street is a common drive.


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ê1977 Statutes of Nevada, Page 1523 (Chapter 580, AB 475)ê

 

drive. A cross section is required showing the common drive to be 30 feet wide from back of curb to back of curb with roll-type or “L” type curb and gutter and alley-type openings. The alley-type openings are required where common drives intersect a vehicular access street or a public street. No sidewalks are required and no easements are required unless utilities are to be dedicated to the governing body. A common drive may be reduced to 26 feet in width when it provides parking access on one side only and a 4-foot clearance is provided between the curb and any structure on the opposite side. A common drive shall not be accepted by the governing body for maintenance and the governing body shall not assume responsibility for servicing it unless it meets or is reconstructed to conform to the standards set by the governing body.

      3.  A private street connecting to a public street and usually connecting more than one common drive is a vehicular access street. A vehicular access street shall be a minimum of 40 feet from back of curb to back of curb and constructed with an “L” type curb and gutter. No sidewalks are required, but a 3-foot easement shall be provided on both sides behind the curb. All driveways and other accesses shall conform to curb cut standards. A turnaround whose minimum radius is 20 feet shall be provided at the terminus of a vehicular access street. A vehicular access street may be accepted for dedication and maintenance if it is constructed to the specified requirements.

      4.  Sidewalks are not required on the private streets but are required in the common areas.

      5.  No private street may directly connect two public streets unless the density and street design are such that the traffic will not overload the street.

      6.]  All private streets shall be constructed as required by the public works department. The construction of all streets shall be inspected by the public works department.

      [7.]3.  All public streets shall conform to the design standards approved by the governing body.

      Sec. 68.  NRS 280A.340 is hereby amended to read as follows:

      280A.340  [1.  Whenever more than one dwelling unit is contained within a building and ownership of the separate dwelling units will be in fee simple or in any ownership other than joint ownership, separate services such as water, power, and sanitary sewer shall be provided to each dwelling unit.

      2.  Whenever possible, underground utilities shall be required in connection with planned unit developments. The governing body shall decide in each instance.

      3.  The electric service box, when located in the front of a building, must be recessed flush with the wall with the meter enclosed by means of an accessible box.] The installation and type of utilities shall comply with the local building code or be prescribed by ordinance.

      Sec. 69.  NRS 280A.440 is hereby amended to read as follows:

      280A.440  The ordinance [shall require only] may require such information in the application as is reasonably necessary to disclose to the city or county:

      1.  The location and size of the site and the nature of the landowner’s interest in the land proposed to be developed.


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ê1977 Statutes of Nevada, Page 1524 (Chapter 580, AB 475)ê

 

      2.  The density of land use to be allocated to parts of the site to be developed.

      3.  The location and size of any common open space and the form of organization proposed to own and maintain any common open space.

      4.  The use and the approximate height, bulk and location of buildings and other structures.

      5.  The feasibility of proposals for disposition of sanitary waste and storm water.

      6.  Substance of covenants, grants or easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.

      7.  The provisions for parking of vehicles and the location and width of proposed streets and public ways.

      8.  The required modifications in the municipal land use regulations otherwise applicable to the subject property.

      9.  In the case of plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned unit residential development are intended to be filed.

      Sec. 70.  NRS 280A.460 is hereby amended to read as follows:

      280A.460  1.  After the filing of an application pursuant to NRS 280A.410 to 280A.450, inclusive, a public hearing on the application shall be held by the city or county, public notice of which shall be given in the manner prescribed by law for hearings on amendments to a zoning ordinance.

      2.  The city or county may continue the hearing from time to time and may refer the matter to the planning staff for a further report, [a copy of which shall be filed as a public record without delay. In any event, however,] but the public hearing or hearings shall be concluded within 60 days after the date of the first public hearing unless the landowner consents in writing to an extension of the time within which the hearings shall be concluded.

      Sec. 71.  NRS 280A.470 is hereby amended to read as follows:

      280A.470  [1.]  The city or county shall, following the conclusion of the public hearing provided for in NRS 280A.460, by minute action:

      [(a)]1.  Grant tentative approval of the plan as submitted;

      [(b)]2.  Grant tentative approval subject to specified conditions not included in the plan as submitted; or

      [(c)]3.  Deny tentative approval to the plan.

If tentative approval is granted, with regard to the plan as submitted or with regard to the plan with conditions, the city or county shall, as part of its action, specify the drawings, specifications and form of performance bond that shall accompany an application for final approval.

      [2.  If tentative approval is granted subject to conditions, the landowner shall within 10 days after receiving a copy of the written resolution of the city or county notify the city or county of his acceptance of or his refusal to accept all of the conditions.

      3.  If the landowner refuses to accept all the conditions, tentative approval of the plan is automatically rescinded.

      4.  In the event the landowner does not, within such period, notify the city or county of his acceptance of or his refusal to accept all the conditions, tentative approval of the plan, with all of the conditions, will stand as granted.


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ê1977 Statutes of Nevada, Page 1525 (Chapter 580, AB 475)ê

 

the city or county of his acceptance of or his refusal to accept all the conditions, tentative approval of the plan, with all of the conditions, will stand as granted.

      5.  This section does not prevent the city or county and the landowner from mutually agreeing to a change in such conditions, and the city or county may, at the request of the landowner, extend the time during which the landowner is required to notify the city or county of his acceptance or refusal to accept the conditions.]

      Sec. 72.  NRS 280A.500 is hereby amended to read as follows:

      280A.500  1.  A copy of the minutes shall be mailed to the landowner. [Where tentative approval has been granted, the notation of this fact shall be placed on the zoning map.]

      2.  Tentative approval of a plan [shall] does not qualify a plat of the planned unit residential development for recording [nor] or authorize development or the issuance of any building permits. A plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner, shall not be modified, revoked or otherwise impaired by action of the city or county pending an application for final approval, without the consent of the landowner. Such impairment by action of the city or county is not stayed if an application for final approval has not been filed, or in the case of development over a period of years applications for approval of the several parts have not been filed, within the time specified in the minutes granting tentative approval.

      3.  The tentative approval shall be revoked and all that portion of the area included in the plan for which final approval has not been given shall be subject to those local ordinances applicable thereto as they may be amended from time to time, if:

      (a) The landowner elects to abandon the plan or any part thereof, and so notifies the city or county in writing; or

      (b) The landowner fails to file application for the final approval within the required time.

[Notation of the action taken shall be made on the zoning map.]

      Sec. 73.  NRS 280A.520 is hereby amended to read as follows:

      280A.520  The plan submitted for final approval is in substantial compliance with the plan previously given tentative approval if any modification by the landowner of the plan as tentatively approved does not:

      1.  Vary the proposed gross residential density or intensity of use;

      2.  Involve a reduction of the area set aside for common open space nor the substantial relocation of such area;

      3.  [Increase] Substantially increase the floor area proposed for nonresidential use; or

      4.  [Increase] Substantially increase the total ground areas covered by buildings or involve a substantial change in the height of buildings.

A public hearing [shall] need not be held to consider modifications in the location and design of streets or facilities for water and for disposal of storm water and sanitary sewage.

      Sec. 74.  NRS 280A.560 is hereby amended to read as follows:

      280A.560  1.  A plan, or any part thereof, which has been given final approval by the city or county, shall be certified without delay by the city or county and shall be filed of record in the office of the appropriate county recorder before any development shall take place in accordance therewith.


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

ê1977 Statutes of Nevada, Page 1526 (Chapter 580, AB 475)ê

 

or county and shall be filed of record in the office of the appropriate county recorder before any development shall take place in accordance therewith.

      2.  Upon [the filing of record of the plan,] recording pursuant to subsection 1, the zoning and subdivision regulations otherwise applicable to the land included in the plan shall cease to be of any further force and effect.

      3.  Pending completion of such planned unit residential development, or of that part thereof that has been finally approved, no modification of the provisions of such plan, or any part thereof as finally approved, [shall] may be made, nor [shall] may it be impaired by any act of the city or county except with the consent of the landowner.

      4.  The county recorder shall collect a fee of [$25, plus 25 cents] $50, plus 50 cents per lot or unit mapped, for the [recordation] recording or filing of any final map, plat or plan. The fee shall be deposited in the general fund of the county where it is collected.

      Sec. 75.  NRS 280A.570 is hereby amended to read as follows:

      280A.570  No further development [shall] may take place on the property included in the plan until after the property is resubdivided and is reclassified by an enactment of an amendment to the zoning ordinance if:

      1.  The plan, or a section thereof, is given approval and, thereafter, the landowner abandons such plan or the section thereof as finally approved and gives written notification thereof to the city or county; or

      2.  The landowner fails to commence and carry out the planned unit residential development within [a reasonable] the specified period of time after the final approval has been granted.

      Sec. 76.  NRS 361.205 is hereby amended to read as follows:

      361.205  When the owners of land have laid out and platted the land into lots, streets, alleys and public places and the maps or plats thereof have been duly filed and approved according to [the provisions of chapter 116 of NRS,] law, such land may be described by numbers or letters as shown on the map or plat.

      Sec. 77.  NRS 361.210 is hereby amended to read as follows:

      361.210  When an owner of land has furnished any map or plat not duly filed and approved according to [the terms of chapter 116 of NRS,] law and such map or plat contains sufficient information clearly to identify the land, and it is properly identified by and filed with the county assessor or the board of county commissioners of the county where the map or plat is filed, the land may be described by reference to this map.

      Sec. 78.  NRS 404.050 is hereby amended to read as follows:

      404.050  1.  At any time when a majority of the resident taxpayers of a road district, according to the last previous assessment roll, [shall petition] petitions the board of county commissioners for the location, opening for public use, establishment, change or vacation of any public road or highway, or road to connect with any highway [heretofore established,] or any street or alley in any unincorporated town in the county, setting forth in the petition the beginning, course and termination of such road, highway, street or alley proposed to be located and opened for public use, established, changed or vacated, together with the names of the owner or owners of the land through which the same will pass, the petition may be presented to the county clerk of the county.


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

ê1977 Statutes of Nevada, Page 1527 (Chapter 580, AB 475)ê

 

pass, the petition may be presented to the county clerk of the county. The county clerk shall lay the petition before the board of county commissioners at the next meeting of the board after the reception of the petition.

      2.  Within 30 days thereafter, the board of county commissioners shall proceed to locate, open to public use, establish, change or vacate such road, highway, street or alley.

      [3.  In no case shall the board of county commissioners cause any road or street to be opened where the same shall run diagonally through any lands or lot, so as greatly to impair it in shape, or through an orchard 4 years old, without the consent of the owner or owners thereof. In all cases the board of county commissioners shall follow legal subdivision lines of the government surveys or of town plats, where the same is practicable.]

      Sec. 79.  NRS 625.360 is hereby amended to read as follows:

      625.360  A record of survey is not required of any surveyor when:

      1.  [It is made by a public officer in his official capacity, has been filed by him as a permanent record of his office and is available for public inspection.

      2.]  It is of a preliminary nature.

      [3.]2.  A map is in preparation for recording of [shall have been] is recorded under present law.

      Sec. 80.  NRS 625.370 is hereby amended to read as follows:

      625.370  1.  The charge for filing and indexing any record of survey [and for indexing the same shall be $2.50] is $5.00

      2.  The record of survey shall be suitably filed by the county recorder and he shall keep proper indexes of such survey records by name of tract, subdivision or United States land subdivision.

      Sec. 81.  1.  NRS 116.010 to 116.060, inclusive, 116.080 to 116.150, inclusive, 255.140, 268.200, 268.210, 278.400, 278.420, 278.430, 278.440, 278.465, 278.470, 278.491 to 278.495, inclusive, 278.4978, 278.560, 280A.090, 280A.450 and 280A.530 are hereby repealed.

      2.  NRS 116.070 is hereby repealed.

      Sec. 82.  Section 4 and subsection 2 of section 81 of this act shall become effective at 12:01 a.m. on July 1, 1977.

 

________

 

 

CHAPTER 581, SB 445

Senate Bill No. 445–Senator Gojack

CHAPTER 581

AN ACT relating to the state legislature; making various amendments to the law regulating lobbyists; and providing other matters properly relating thereto.

 

[Approved May 16, 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:


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

ê1977 Statutes of Nevada, Page 1528 (Chapter 581, SB 445)ê

 

      1.  The secretary of state shall furnish an appropriate identification badge to each lobbyist who files a registration statement under this chapter.

      2.  The identification badge shall be worn by the lobbyist whenever he appears in the legislative building.

      Sec. 2.  NRS 218.900 is hereby amended to read as follows:

      218.900  NRS 218.900 to 218.944, inclusive, and section 1 of this act, may be cited as the Nevada Lobbying Disclosure Act.

      Sec. 3.  NRS 218.912 is hereby amended to read as follows:

      218.912  1.  “Lobbyist” means, except as limited by subsection 2, [an individual] a person who appears in person in the legislative building and communicates directly with a member of the legislative branch on behalf of someone other than himself to influence legislative action whether or not any compensation is received for the communication.

      2.  “Lobbyist” does not include:

      (a) Persons who confine their activities to formal appearances before legislative committees and who clearly identify themselves and the interest or interests for whom they are testifying.

      (b) Employees of a bona fide news medium who meet the definition of “lobbyist” only in the course of their professional duties [.] and who contact members of the legislature for the sole purpose of carrying out their newsgathering function.

      (c) Employees of departments, divisions or agencies of the state government who appear before legislative committees only to explain the effect of legislation related to their departments, divisions or agencies.

      (d) Employees of the legislature, legislators, legislative agencies or legislative commissions.

      (e) Elected officers of this state and its political subdivisions who confine their lobbying activities to issues directly related to the scope of the office to which they were elected.

      (f) Persons who contact the members of the legislature who are elected from the district in which they reside.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  NRS 218.920 is hereby amended to read as follows:

      218.920  The registration statement of a lobbyist shall contain the following information:

      1.  The registrant’s full name, permanent address, place of business and temporary address while lobbying.

      2.  The full name and complete address of each person, if any, by whom the registrant if retained or employed or on whose behalf the registrant [appeals.] appears. If the person is other than a natural person, there shall be included a listing of the officers and board of directors.

      3.  A listing of any direct business associations or partnerships with any current member of the legislature.

      4.  A description of the [general] principal areas of interest on which the registrant expects to lobby.

      5.  If the registrant lobbies or purports to lobby on behalf of members, a statement of the number of members.

      6.  A sworn declaration that none of the registrant’s compensation or reimbursement is contingent, in whole or in part, upon the production of any legislative action.


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

ê1977 Statutes of Nevada, Page 1529 (Chapter 581, SB 445)ê

 

or reimbursement is contingent, in whole or in part, upon the production of any legislative action.

      Sec. 6.  NRS 218.926 is hereby amended to read as follows:

      218.926  1.  Each registrant shall file with the secretary of state within 30 days after the close of the legislative session a final report signed under penalty of perjury concerning [such person’s] his lobbying activities. In addition, each registrant who attempts to influence legislative activity shall file with the secretary of state between the 1st and 10th day of the month subsequent to each month that the legislature is in session a report concerning [such] his lobbying activities during the previous month. Each report shall be on a form prescribed by the secretary of state and shall include the total expenditures made by the registrant for directly communicating with a member of the legislative [or executive] branch to influence legislation, including expenditures made by others on behalf of the registrant for those direct communications if the expenditures were made with the registrant’s express or implied consent or were ratified by the registrant. [Such] The report shall include a monthly compilation of expenditures in the following categories:

      [1.](a) Entertainment;

      [2.](b) Gifts and loans; and

      [3.](c) Other expenditures directly associated with legislative action, not including personal expenditures for food, lodging and travel expenses or membership dues.

      2.  Each registrant shall file the reports of expenditures required by subsection 1 if he has expenditures of $50 or more during the previous month.

      Sec. 7.  NRS 218.930 is hereby amended to read as follows:

      218.930  The secretary of state shall:

      1.  Inspect each statement and report filed within 10 days after its filing.

      2.  Immediately notify the person who has filed:

      (a) If the information filed does not conform to law.

      (b) If a written complaint has been filed with the secretary of state by any person alleging an irregularity or lack of truth as to the information filed.

      3.  Notify any person of the filing requirement who the secretary of state has reason to believe has failed to file any statement or report as required.

      Sec. 8.  NRS 218.932 is hereby amended to read as follows:

      218.932  The secretary of state shall:

      1.  Adopt regulations to carry out the provisions of NRS 218.900 to 218.944, inclusive.

      2.  Prepare and furnish forms for the statements and reports required to be filed.

      3.  Prepare and publish uniform methods of according and reporting to be used by persons required to file such statements and reports.

      4.  Accept and file any information voluntarily supplied that exceeds the requirements of NRS 218.900 to 218.944, inclusive.

      5.  Develop a filing, coding and cross-indexing system consistent with the purposes of NRS 218.900 to 218.944, inclusive.


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

ê1977 Statutes of Nevada, Page 1530 (Chapter 581, SB 445)ê

 

      6.  Make the statements and reports available for public inspection [and copying] during regular office hours. [, and make copies available at a charge not to exceed actual cost.]

      7.  Preserve the statements and reports for a period of 5 years from the date of filing.

      8.  Compile an alphabetical list of registrants, including their address, the name and address of each person for whom the registrant is lobbying and the principal areas of interest on which he expects to lobby. A copy of the list shall be furnished to the clerks of the respective counties for preservation and public inspection.

      Sec. 9.  NRS 218.942 is hereby amended to read as follows:

      218.942  1.  A lobbyist shall not knowingly or willfully make any false statement or misrepresentation of facts:

      (a) To any member of the legislative branch in an effort to persuade or influence him in his official actions.

      (b) In a registration statement or report concerning lobbying activities filed with the secretary of state.

      2.  A lobbyist shall not give to a member of the legislative branch or a member of his staff or immediate family gifts that exceed $100 in value in the aggregate in any calendar year.

      3.  A member of the legislative branch or a member of his staff or immediate family shall not solicit anything of value from a registrant or accept any gift that exceeds $100 in aggregate value in any calendar year.

      4.  A person who employs or [utilizes] uses a lobbyist shall not make that lobbyist’s compensation or reimbursement contingent in any manner upon the outcome of any legislative action.

      5.  Information copied from registration forms and activity reports filed with the secretary of state or from lists compiled from such forms and reports shall not be sold or [utilized] used by any person for the purpose of soliciting campaign contributions or selling tickets to a testimonial or similar fundraising affair or for any commercial purpose.

      6.  [A] Except as provided in subsection 7, a member of the legislative or executive branch of the state government and an elected officer or employee of a political subdivision shall not receive compensation or reimbursement other than from the state or the political subdivision for personally engaging in lobbying.

      7.  An elected officer or employee of a political subdivision may receive compensation or reimbursement from any organization whose membership consists of elected or appointed public officers.

      8.  A lobbyist shall not instigate the introduction of any legislation for the purpose of obtaining employment to lobby in opposition thereto.

      Sec. 10.  NRS 218.928 is hereby repealed.

 

________

 

 


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

ê1977 Statutes of Nevada, Page 1531ê

 

CHAPTER 582, AB 363

Assembly Bill No. 363–Assemblymen Vergiels, Harmon, Schofield, Kissam, Bennett, Chaney, Horn, Westall, Hickey, Demers, Ross, Gomes, Weise, Sena and Hayes

CHAPTER 582

AN ACT directing the Las Vegas Convention and Visitors Authority on the behalf and in the name of Clark County to issue bonds and other securities in an aggregate principal amount of $26,000,000 (other than any funding and refunding securities); designating the purpose for which the securities may be issued; providing for the payment of the securities by levies of general (ad valorem) taxes (except to the extent other revenues are available therefor) and with other designated revenues; providing certain powers and duties of the authority and the board of county commissioners; and providing other matters properly relating thereto.

 

[Approved May 16, 1977]

 

      Whereas, The legislature by this act determines, finds and declares that a general law cannot be made applicable to the acquisition of the additional facilities hereby authorized because of the number of atypical factors and special conditions concerning such acquisitions; now, therefore,

 

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

do enact as follows:

 

      Section 1.  As used in this act, unless the context otherwise requires:

      1.  “Authority” means the Clark County fair and recreation board, designated by resolution pursuant to NRS 244.654 as the Las Vegas Convention and Visitors Authority.

      2.  “County” means Clark County, Nevada.

      3.  Other words and terms defined in the Local Government Securities Law have the meanings ascribed to them in that law.

      Sec. 2.  The County, acting by and through the Authority, in addition to the powers elsewhere conferred upon the County, is by this act as supplemented by the provisions of the Local Government Securities Law directed, without obtaining the approval by the general obligation bond commission of the County, the approval of the registered voters of the County, or other or further preliminaries, to issue and to sell in one series or more at any time or from time to time but not after 6 years from the effective date of this act, as the Authority may determine, the County’s negotiable coupon general obligation bonds and any other general obligation securities, in an aggregate principal amount of $26,000,000 (other than any funding and refunding securities), or such lesser amount as may be determined by the Authority, for the purpose of defraying wholly or in part the cost of the extension and other improvement of the County’s exposition and convention hall facilities by the construction, other acquisition and equipment of:

      1.  A sports complex which may comprise amphitheaters, arenas, auditoriums, coliseums, stadiums, fieldhouses, rodeo facilities, gymnasiums, rinks, football facilities, soccer facilities, baseball facilities, softball facilities, basketball facilities, handball facilities, tracks, swimming facilities, golf courses, tennis courts, badminton facilities, squash facilities, bowling facilities, volleyball facilities, horseshoe pits and appurtenant facilities, firearm and shooting facilities, racing facilities, and other facilities for the performance of competitive activities carried on according to traditional forms or sets of rules, for enjoyment or recreation, diversion or pastime of participants and spectators, or any one or combination of such facilities, including, without limitation, any one or combination of such buildings, other structures, incidental improvements, furnishings, sports equipment, other equipment, sites and grounds, easements and other interests therein, appurtenant shower, locker and other bathhouse facilities, training facilities, storage and maintenance facilities, offstreet parking facilities, beverage and food service facilities, other facilities for the comfort, welfare or health of participants or spectators or both participants and spectators, and other appurtenant facilities; and

 


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

ê1977 Statutes of Nevada, Page 1532 (Chapter 582, AB 363)ê

 

traditional forms or sets of rules, for enjoyment or recreation, diversion or pastime of participants and spectators, or any one or combination of such facilities, including, without limitation, any one or combination of such buildings, other structures, incidental improvements, furnishings, sports equipment, other equipment, sites and grounds, easements and other interests therein, appurtenant shower, locker and other bathhouse facilities, training facilities, storage and maintenance facilities, offstreet parking facilities, beverage and food service facilities, other facilities for the comfort, welfare or health of participants or spectators or both participants and spectators, and other appurtenant facilities; and

      2.  A convention facility which may comprise exposition buildings, convention halls, amusement halls, dancehalls, concert halls, bandstand and orchestra facilities, recreation centers, library facilities, museum facilities, art galleries, and other recreational facilities, or any one or combination of such facilities, including, without limitation, any one or combination of such buildings, other structures, incidental improvements, furnishings, other equipment, sites and grounds, easements and other interests therein, appurtenant shower, locker and other bathhouse facilities, storage and maintenance facilities, offstreet parking facilities, beverage and food service facilities, and other facilities for the comfort, welfare or health of persons using or attending such facilities (sometimes designated in this act collectively as “Sports and Recreation Facilities”); or

      3.  Any combination of such sports and recreation facilities,

to be located in or adjacent to the central business district of the City of Las Vegas.

      Sec. 3.  Each issue or series of bonds or other securities shall be ratified by the board of commissioners of the County by ordinance, which may be adopted pursuant to NRS 350.579.

      Sec. 4.  Each issue or series of bonds or other securities shall be payable from general (ad valorem) taxes.

      Sec. 5.  The Authority shall additionally secure the payment of the bonds by a pledge of the net revenues of the County’s exposition and convention hall facilities and incidental recreational facilities, including the sports and recreation facilities to be constructed, and of any other revenues of the Authority not otherwise pledged, without any other or further preliminaries.

      Sec. 6.  The bonds and any coupons shall be executed in the manner provided in the Local Government Securities Law, as from time to time amended; but the bonds shall also bear the manual or facsimile signature of the chairman of the Authority.

      Sec. 7.  Except as otherwise provided in this act, the Authority or the board of county commissioners of the County, or both these governing bodies, as either or both may determine from time to time, on the behalf and in the name of the County, may borrow money, otherwise become obligated and evidence such obligations by the issuance of bonds and other securities of the County, constituting its general obligations, the payment of which may be additionally secured by a pledge of the revenues described in section 5 of this act, and in connection with the proposed sports and recreation facilities, their construction, other acquisition and equipment, either or both such governing bodies may otherwise proceed as provided in the Local Government Securities Law, as from time to time amended.


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

ê1977 Statutes of Nevada, Page 1533 (Chapter 582, AB 363)ê

 

proposed sports and recreation facilities, their construction, other acquisition and equipment, either or both such governing bodies may otherwise proceed as provided in the Local Government Securities Law, as from time to time amended.

      Sec. 8.  The powers conferred by this act are in addition and supplemental to, and the limitations imposed by this act do not affect, the powers conferred by any other law, general or special. Securities may be issued under this act without regard to the procedure required by any other such law except as otherwise provided in this act or in the Local Government Securities Law, except to the extent of any conflict of any provision therein with this act. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act are controlling.

      Sec. 9.  This act being necessary to secure and preserve the public health, safety, convenience and welfare shall be liberally construed to effect its purposes.

      Sec. 10.  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. 11.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 583, SB 290

Senate Bill No. 290–Senator Raggio

CHAPTER 583

AN ACT relating to documentary and physical evidence; expanding provisions relating to medical records; and providing other matters properly relating thereto.

 

[Approved May 17, 1977]

 

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

do enact as follows:

 

      Section 1.  NRS 51.135 is hereby amended to read as follows:

      51.135  1.  A memorandum, report, record or data compilation, in any form, of acts, events, conditions, opinions or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, all in the course of a regularly conducted activity, as shown by the testimony of the custodian or other qualified witness, is not inadmissible under the hearsay rule unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness.

      2.  An affidavit signed by a custodian of medical records verifying that the copy of medical records is a true and complete reproduction of the original medical records is not inadmissible under the hearsay rule and shall be accepted by the court in lieu of testimony.


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

ê1977 Statutes of Nevada, Page 1534 (Chapter 583, SB 290)ê

 

      Sec. 2.  NRS 52.325 is hereby amended to read as follows:

      52.325  1.  A [hospital] custodian of medical records sufficiently complies with a subpena calling for the production of medical records [belonging to it if it delivers,] in his custody if he delivers, at or before the time set for the return of the subpena, either personally or by mail [,] to the clerk of the court issuing the subpena a true and exact photographic, electrostatic or other acceptable copy of the original record authenticated as provided in this section. This section does not apply to X-ray films or to any other portion of a medical record which is not susceptible to photostatic reproduction.

      2.  The copy shall be authenticated by an affidavit signed by the custodian of the medical records [or an authorized official of the institution involved] verifying that it is a true and complete reproduction of the original medical record [.] and that the original record was made at or near the time of the act, event, condition, opinion or diagnosis by or from information transmitted by a person with knowledge in the course of a regularly conducted activity.

      3.  If the court quashes or suppresses a subpena for medical records, [belonging to a hospital,] it may order the subpenaed record to be returned to the submitting [hospital.] custodian.

      4.  “Custodian of medical records” means a chiropractor, osteopathic physician, physician, registered physical therapist or licensed nurse who prepares and maintains medical records, or any employee or agent of such a person or of a convalescent care facility, medical laboratory or hospital who has care, custody and control of medical records for such person or institution.

      5.  The affidavit required by subsection 2 shall be substantially in the following form:

 

CERTIFICATE OF MEDICAL RECORDS CUSTODIAN

 


State of Nevada

 

County of........................................................


                 }


 

ss.


      Now Comes ......................................................., who after first being duly sworn deposes and says the following:

      1.  That the deponent is the ...............................of the.................... and in such capacity is the custodian of the medical records of [said] the office or institution.

      2.  That on the ........... day of ..................., 19......., the deponent was served with a subpena in connection with the above entitled cause, calling for the production of medical records pertaining to ...............................................

.......................................................................................................................................................

.......................................................................................................................................................

      3.  That the deponent has examined the original of [said] those medical records and has made a true and exact copy of [said original medical records] them and that the reproduction of [the original medical records] them attached hereto is true and complete.

      4.  That the original of those medical records was made at or near the time of the acts, events, conditions, opinions or diagnoses recited therein by or from information transmitted by a person with knowledge in the course of a regularly conducted activity of the deponent or the office or institution in which the deponent is engaged.


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

ê1977 Statutes of Nevada, Page 1535 (Chapter 583, SB 290)ê

 

in the course of a regularly conducted activity of the deponent or the office or institution in which the deponent is engaged.

                                                                                                        ...............................................

Subscribed and sworn to before me, a Notary Public, on this ......... day of .................., 19.......

.......................................................................................................................................................

Notary Public ............................... County, Nevada

My commission expires: ...................................

.......................................................................................................................................................

      Sec. 3.  NRS 52.335 is hereby amended to read as follows:

      52.335  1.  Except as [otherwise] provided in NRS 52.365, the copy of a medical record [belonging to a hospital] delivered pursuant to NRS 52.325 shall be kept in the custody of the clerk of the court issuing the subpena, in a sealed container supplied by the [hospital.] custodian of the medical record. This container shall be clearly marked to identify the contents, the name of the patient, the title and number of the court case, and shall not be opened except pursuant to the direction of the court during the trial of the case, for the purpose of discovery as provided in NRS 52.365, or upon special order of the court.

      2.  The contents of the record shall be preserved and maintained as a cohesive unit and shall not be separated except upon the order of the court. Forty days after any final order dismissing or otherwise terminating any case in which medical records have been subpenaed, if no appeal is taken, the records shall be returned intact and in complete form to the [hospital which submitted them.] submitting custodian. If an appeal is taken, the records shall be returned 40 days after any final order terminating the appeal. This return shall be accomplished through the use of a self-addressed, stamped envelope which shall be contained within the package prepared and sent to the court by the submitting [hospital.] custodian. The envelope or container in which the record is delivered to the court shall be clearly marked to identify its contents and to direct that it shall be returned to the submitting [hospital] custodian if developments occur which eliminate the necessity of opening the envelope.

      Sec. 4.  NRS 52.345 is hereby amended to read as follows:

      52.345  [The hospital whose record] The custodian of the medical record which has been subpenaed shall promptly notify the attorney for the party who caused the subpena to be issued that the documents involved have been delivered to the court. For purposes of this notice it is sufficient for the [hospital] custodian to deliver to such attorney a copy of the certificate verifying the contents and authenticity of the medical record so supplied.

      Sec. 5.  NRS 52.355 is hereby amended to read as follows:

      52.355  1.  If during a trial or discovery proceeding the authenticity of the record or a question of interpretation of handwriting is involved, the court may order the original documents produced.

      2.  If the personal attendance of a custodian of the [hospital] medical records is required, the subpena shall clearly state such demand.

      3.  If a custodian will personally appear, the original medical records shall be produced.

 

________

 

 


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

ê1977 Statutes of Nevada, Page 1536ê

 

CHAPTER 584, SB 260

Senate Bill No. 260–Senators Sheerin, Hilbrecht, Gojack, Hernstadt, Wilson, Raggio, Bryan and Ashworth

CHAPTER 584

AN ACT relating to actions against public officers and employees; limiting the amount of tort liability; requiring the state or political subdivision to provide legal defense in certain circumstances; clarifying the status of members and employees of boards and commissions as public officers and employees; and providing other matters properly relating thereto.

 

[Approved May 17, 1977]

 

      Whereas, The state has waived its sovereign immunity and that of its political subdivisions under the terms and conditions set forth in NRS 41.031 to 41.039, inclusive; and

      Whereas, There has been considerable debate and discussion concerning the personal liability of public officers, employees and legislators for any act or omission within the scope of the public duties or employment of such persons; and

      Whereas, The state and its political subdivisions have experienced difficulty in attracting, recruiting and retaining capable and conscientious persons to serve as legislators, officers and employees given the unresolved question of the personal liability of such persons in any action sounding in tort arising out of any act or omission within the scope of their public duties or employment; and

      Whereas, The legislature declares that in its considered judgment the proper administration of the government of the state and its political subdivisions requires the amendment of the provision waiving the sovereign immunity of the state; now, therefore,

 

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

do enact as follows:

 

      Section 1.  Chapter 41 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      As used in NRS 41.031 to 41.039, inclusive, “public officer” or “officer” includes a member of a part-time or full-time board, commission or similar body of the state or a political subdivision of the state which is created by law. “Employee” includes an employee of any such board, commission or similar body.

      Sec. 2.  NRS 41.032 is hereby amended to read as follows:

      41.032  No action may be brought under NRS 41.031 or against [the employee] an officer or employee of the state or any of its agencies or political subdivisions which is:

      1.  Based upon an act or omission of an officer or employee, [of the state or any of its agencies or political subdivisions,] exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation is valid, [provided] if such statute or regulation has not been declared invalid by a court of competent jurisdiction; or

      2.  Based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of the state or any of its agencies or political subdivisions or of any officer or employee of any of these, whether or not the discretion involved is abused.


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

ê1977 Statutes of Nevada, Page 1537 (Chapter 584, SB 260)ê

 

      Sec. 3.  NRS 41.033 is hereby amended to read as follows:

      41.033  No action may be brought under NRS 41.031 or against [the employee] an officer or employee of the state or any of its agencies or political subdivisions which is based upon:

      1.  Failure to inspect any building, structure or vehicle, or to inspect the construction of any street, public highway or other public work to determine any hazards, deficiencies or other matters, whether or not there is a duty to inspect;

      2.  Failure to discover such hazard, deficiency or other matter, whether or not an inspection is made.

      Sec. 4.  NRS 41.0337 is hereby amended to read as follows:

      41.0337  1.  No tort action arising out of an act or omission within the scope of his public duties or employment may be brought against any officer or employee, or former officer or employee, of the state or of any political subdivision or against any state legislator or former state legislator unless the state or appropriate political subdivision is named a party defendant under NRS 41.031.

      2.  [The state or appropriate political subdivision shall defend any such action on behalf of the officer, employee or legislator or former officer, employee or legislator unless such person refuses legal representation offered by the state or political subdivision. If such legal representation is refused by such person, the state or political subdivision shall defend on its own behalf.] The attorney general or, in the case of a political subdivision, the political subdivision shall provide for the defense, including the defense of cross-claims and counterclaims, of any officer or employee or former officer or employee of the state or political subdivision or against any state legislator or former state legislator in any civil action brought against such person in his official or individual capacity or both, if the person, within 10 days after a complaint has been filed against him, submits a written request for such defense:

      (a) In the case of an elected officer or an agency head who has no administrative superior, to the attorney general or chief legal officer or attorney of the political subdivision; or

      (b) In the case of any other officer or employee, to both his agency administrator and the attorney general or the chief legal officer or attorney of the political subdivision,

and the case is certified for such defense. An agency administrator who receives a written request pursuant to this section shall within 15 days after such receipt notify the attorney general or, in the case of an agency administrator of a political subdivision, the chief legal officer or the attorney of the political subdivision, whether it appears that the act or omission of the person was in good faith and in the scope of the person’s public duties or employment, and whether he certifies the case for defense. In cases where the written request for defense must be submitted directly to the attorney general or chief legal officer or the attorney of the political subdivision, that officer shall determine within 15 days after receipt of the request whether it appears that the act or omission was in good faith and in the scope of the person’s public duties or employment, and whether he certifies the case for defense. If the case is certified for defense, the attorney general or the chief legal officer or attorney of the political subdivision shall within 10 days determine whether his defense of the action would create a conflict of interest between the state or political subdivision and the person.


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

ê1977 Statutes of Nevada, Page 1538 (Chapter 584, SB 260)ê

 

shall within 10 days determine whether his defense of the action would create a conflict of interest between the state or political subdivision and the person.

The initial written request extends the time to answer, move or otherwise plead to the complaint to 45 days after the date of service.

      3.  The attorney general or the chief legal officer or attorney of the political subdivision shall notify the present or former officer, employee or legislator as promptly as possible of the decision with respect to the defense of his case so that the person may if necessary procure his own counsel and prepare his own defense. Until the decision is made the attorney general or the chief legal officer or attorney of the political subdivision shall appear in the action and move or plead on behalf of the person. Refusal of the state or political subdivision to defend is not admissible in evidence at trial or in any other proceeding.

      4.  The attorney general may employ special counsel whose compensation shall be fixed by the attorney general, subject to the approval of the state board of examiners, if he determines that it is impracticable, uneconomical or could constitute a conflict of interest for the legal service to be rendered by him or one of his deputies. Compensation for special counsel shall be paid out of the reserve for statutory contingency fund.

      5.  The chief legal officer or attorney of a political subdivision may employ special counsel whose compensation shall be fixed by the governing body of the political subdivision if he determines that it is impracticable or could constitute a conflict of interest for the legal services to be rendered by him. Compensation for special counsel shall be paid by the political subdivision.

      6.  If the attorney general or the chief legal officer or attorney of a political subdivision does not provide for the defense of a present or former officer or employee of the state, or political subdivision or of a legislator and it is judicially determined injuries arose out of an act or omission of that person during the performance of his duties and within the scope of his employment, and that his act or omission was not wanton or malicious:

      (a) If the attorney general was responsible for providing the defense, the state is liable to him for reasonable expenses in prosecuting his own defense, including court costs and attorneys’ fees. These expenses shall be paid, upon approval by the state board of examiners, from the reserve for statutory contingency fund; or

      (b) If the chief legal officer or attorney of a political subdivision was responsible for providing the defense, the political subdivision is liable to him for reasonable expenses in prosecuting his own defense, including court costs and attorney’s fees.

      7.  In every action or proceeding against an officer or employee, or former officer or employee of the state or any political subdivision or against any legislator or former legislator that results in a final judgment or other disposition, the court or jury shall return a special verdict in the form of written findings which determine:

      (a) Whether such officer, employee or legislator was acting within the scope of his public duties or employment; and

      (b) Whether the alleged act or omission by the officer, employee or legislator was wanton or malicious.


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

ê1977 Statutes of Nevada, Page 1539 (Chapter 584, SB 260)ê

 

      [3.]8.  The state or appropriate political subdivision may not require a waiver of the attorney-client privilege as a condition of a defense pursuant to this section.

      [4.]9.  The state or appropriate political subdivision [has no right of contribution or indemnity against] shall indemnify the officer, employee or legislator or former officer, employee or legislator unless it establishes that he failed to cooperate in good faith in the defense of the action or that his conduct was wanton or malicious [.] , in which event it is entitled to contribution from such person.

      Sec. 5.  NRS 41.035 is hereby amended to read as follows:

      41.035  1.  An award for damages in an action sounding in tort brought under NRS 41.031 or against a present or former officer or employee of the state or any political subdivision or any state legislator or former state legislator arising out of an act or omission within the scope of his public duties or employment may not exceed the sum of $35,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant. An award may not include any amount as exemplary or punitive damages.

      2.  The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort and arising from any recreational activity or recreational use of land or water which is brought against:

      (a) Any public or quasi-municipal corporation organized under the laws of this state.

      (b) Any person with respect to any land or water leased or otherwise made available by that person to any public agency.

      (c) Any Indian tribe, band or community whether or not a fee is charged for such activity or use. The provisions of this paragraph shall not impair or modify any immunity from liability or action existing on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community.

The legislature declares that the purpose of this subsection is to effectuate the public policy of the State of Nevada by encouraging the recreational use of land, lakes, reservoirs and other waters owned or controlled by any public or quasi-municipal agency or corporation of this state, wherever such land or water may be situated.

      3.  The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort arising out of any act or omission within the scope of the public duties or employment of any officer or employee, or former officer or employee, of the state or of any political subdivision, or against any state legislator or former state legislator.

      Sec. 6.  NRS 41.037 is hereby amended to read as follows:

      41.037  Upon receiving the report of findings as provided in subsection 2 of NRS 41.036, the state board of examiners may allow and approve any claim or settle any action against the state, [or] any of its agencies or any of its present or former officers, employees or legislators arising under NRS 41.031 to the extent of [$15,000.] $25,000, plus interest computed from the date of judgment. Upon approval of any claim by the state board of examiners, the state controller shall draw his warrant for the payment thereof, and the state treasurer shall pay the same from the reserve for statutory contingency fund.


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

ê1977 Statutes of Nevada, Page 1540 (Chapter 584, SB 260)ê

 

same from the reserve for statutory contingency fund. The governing body of any political subdivision whose authority to allow and approve claims is not otherwise fixed by statute may allow and approve any claim or settle any action against that subdivision or any of its present or former officers or employees arising under NRS 41.031 to the extent of [$15,000] $25,000, plus interest computed from the date of entry of any judgment, and pay it from any funds appropriated or lawfully available for such purpose.

      Sec. 7.  NRS 353.264 is hereby amended to read as follows:

      353.264  1.  The reserve for statutory contingency fund is hereby created as a trust fund.

      2.  The reserve for statutory contingency fund shall be administered by the state board of examiners, and the moneys in the fund shall be expended only for:

      (a) The payment of claims which are obligations of the state under NRS 41.0337, 41.037, 176.485, 179.310, 212.040, 212.050, 212.070, 214.040, 282.290, 282.315, 293.253, 293.405, 353.120, 353.262 and 412.154; and

      (b) The payment of claims which are obligations of the state under NRS 7.125, 176.215, 177.345, 179.225, 213.153 and subsection 4 of NRS 361.055, but such claims shall be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for such purposes has been exhausted.

      Sec. 8.  The provisions of this act which authorize the attorney general to enter and defend an officer or employee, or former officer or employee of the state or any political subdivision, or any legislator or former legislator, in any civil action on account of an act or omission within the scope of his public duties or employment and which allow the board of examiners or the governing body of a political subdivision to settle any claim against such persons, apply in any action which has been commenced prior to the effective date of this act.

      Sec. 9.  1.  Sections 4 and 5 of this act shall become effective at 12:01 a.m. on July 1, 1977.

      2.  Section 7 of this act shall become effective at 12:05 a.m. on July 1, 1977.

 

________

 

 


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

ê1977 Statutes of Nevada, Page 1541ê

 

CHAPTER 585, SB 220

Senate Bill No. 220–Senator Raggio

CHAPTER 585

AN ACT relating to crimes and punishments; prescribing circumstances in which capital punishment may be imposed for first degree murder; prescribing procedures for the imposition of sentence for first degree murder; providing standards for the automatic review of a sentence of death; and providing other matters properly relating thereto.

 

[Approved May 17, 1977]

 

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

do enact as follows:

 

      Section 1.  NRS 200.030 is hereby amended to read as follows:

      200.030  1.  [Capital murder is murder which is perpetrated by:

      (a) Killing a peace officer or fireman:

             (1) While such officer or fireman is acting in his official capacity or by reason of an act performed in his official capacity; and

             (2) With knowledge that the victim is or was a peace officer or fireman.

For purposes of this paragraph “peace officer” means sheriffs of counties and their deputies, marshals and policemen of cities and towns, the chief and agents of the investigation and narcotics division of the department of law enforcement assistance, personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180, and the director, deputy director, superintendents, correctional officers and other employees of the department of prisons when carrying out any duties prescribed by the director of the department.

      (b) A person who is under sentence of life imprisonment without possibility of parole.

      (c) Executing a contract to kill. For purposes of this paragraph “contract to kill” means an agreement, with or without consideration, whereby one or more of the parties to the agreement commits murder. All parties to a contract to kill are guilty as principals.

      (d) Use or detonation of a bomb or explosive device.

      (e) Killing more than one person willfully, deliberately and with premeditation as the result of a single plan, scheme or design.

      2.]  Murder of the first degree is murder which is:

      (a) Perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate and premeditated killing.

      (b) Committed in the perpetration of attempted perpetration of rape, kidnaping, arson, robbery, burglary or sexual molestation of a child under the age of 14 years; or

      (c) Committed to avoid or prevent the lawful arrest of any person by a peace officer or to effect the escape of any person from legal custody. As used in this subsection, sexual molestation is any willful and lewd or lascivious act, other than acts constituting the crime of rape, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of the perpetrator or of the child.

      [3.]2.  Murder of the second degree is all other kinds of murder.


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

ê1977 Statutes of Nevada, Page 1542 (Chapter 585, SB 220)ê

 

      [4.]3.  The jury before whom any person indicted for murder is tried shall, if they find such person guilty thereof, designate by their verdict whether such person is guilty of [capital murder or] murder of the first or second degree.

      [5.  Every person convicted of capital murder shall be punished by death.

      6.]4.  Every person convicted of murder of the first degree shall be punished: [by]

      (a) By death, only if one or more aggravating circumstances are found and any mitigating circumstance or circumstances which are found do not outweigh the aggravating circumstance or circumstances.

      (b) Otherwise, by imprisonment in the state prison for life with or without possibility of parole. If the penalty is fixed at life imprisonment with possibility of parole, eligibility for parole begins when a minimum of 10 years has been served.

      [7.]5.  Every person convicted of murder of the second degree shall be punished by imprisonment in the state prison for life or for a definite term of not less than 5 years. Under either sentence, eligibility for parole begins when a minimum of 5 years has been served.

      Sec. 2.  Chapter 200 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  The only circumstances by which murder of the first degree may be aggravated are:

      1.  The murder was committed by a person under sentence of imprisonment.

      2.  The murder was committed by a person who was previously convicted of another murder or of a felony involving the use or threat of violence to the person of another.

      3.  The murder was committed by a person who knowingly created a great risk of death to more than one person by means of a weapon, device or course of action which would normally be hazardous to the lives of more than one person.

      4.  The murder was committed while the person was engaged, or was an accomplice, in the commission of or an attempt to commit or flight after committing or attempting to commit, any robbery, forcible rape, arson in the first degree, burglary or kidnaping in the first degree.

      5.  The murder was committed for the purpose of avoiding or preventing a lawful arrest or effect an escape from custody.

      6.  The murder was committed by a person, for himself or another, for the purpose of receiving money or any other thing of monetary value.

      7.  The murder was committed upon a peace officer or fireman who was killed while engaged in the performance of his official duty or because of an act performed in his official capacity, and the defendant knew or reasonably should have known that the victim was a peace officer or fireman. For purposes of this subsection “peace officer” means sheriffs of counties and their deputies, marshals and policemen of cities and towns, the chief and agents of the investigation and narcotics division of the department of law enforcement assistance, personnel of the Nevada highway patrol, and the warden, deputy warden, correctional officers and other employees of the Nevada state prison when carrying out the duties prescribed by the warden of the Nevada state prison.


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

ê1977 Statutes of Nevada, Page 1543 (Chapter 585, SB 220)ê

 

      8.  The murder involved torture, depravity of mind or the mutilation of the victim.

      9.  The murder was committed upon one or more persons at random and without apparent motive.

      Sec. 4.  Murder of the first degree may be mitigated by any of the following circumstances, even though the mitigating circumstance is not sufficient to constitute a defense or reduce the degree of the crime:

      1.  The defendant has no significant history of prior criminal activity.

      2.  The murder was committed while the defendant was under the influence of extreme mental or emotional disturbance.

      3.  The victim was a participant in the defendant’s criminal conduct or consented to the act.

      4.  The defendant was an accomplish in a murder committed by another person and his participation in the murder was relatively minor.

      5.  The defendant acted under duress or under the domination of another person.

      6.  The youth of the defendant at the time of the crime.

      7.  Any other mitigating circumstance.

      Sec. 5.  NRS 174.065 is hereby amended to read as follows:

      174.065  1.  On a plea of guilty to an information or indictment accusing a defendant of a crime divided into degrees, when consented to by the [district] prosecuting attorney in open court and approved by the court, the plea may specify the degree, and in such event the defendant shall not be punished for a higher degree than that specified in the plea.

      2.  On a plea of guilty to an indictment or information for murder of the first degree, when consented to by the prosecuting attorney in open court and approved by the court, the plea may specify a punishment less than death. The specified punishment, or any lesser punishment, may be imposed by a single judge.

      Sec. 6.  Chapter 175 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 and 8 of this act.

      Sec. 7.  Upon a finding that a defendant is guilty of murder of the first degree, the court shall conduct a separate penalty hearing to determine whether the defendant shall be sentenced to death or to life imprisonment with or without possibility of parole. The hearing shall be conducted in the trial court before the trial jury, or before a panel of three district judges if the trial was without a jury, as soon as practicable. In the hearing, evidence may be presented concerning aggravating and mitigating circumstances relative to the offense, defendant or victim and on any other matter which the court deems relevant to sentence, whether or not the evidence is ordinarily admissible. Evidence may be offered to refute hearsay matters. No evidence which was secured in violation of the Constitution of the United States or the constitution of the State of Nevada may be introduced. The state may introduce evidence of additional aggravating circumstances as set forth in section 3 of this act, other than the aggravated nature of the offense itself, only if it has been disclosed to the defendant before the commencement of the penalty hearing.

      Sec. 8.  1.  If the penalty hearing is conducted before a jury, the court shall instruct the jury at the end of the hearing, and shall include in its instructions the aggravating circumstances alleged by the prosecution upon which evidence has been presented during the trial or at the hearing.


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

ê1977 Statutes of Nevada, Page 1544 (Chapter 585, SB 220)ê

 

in its instructions the aggravating circumstances alleged by the prosecution upon which evidence has been presented during the trial or at the hearing. The court shall also instruct the jury as to the mitigating circumstances alleged by the defense upon which evidence has been presented during the trial or at the hearing.

      2.  The jury or the panel of judges shall determine:

      (a) Whether an aggravating circumstance or circumstances are found to exist;

      (b) Whether a mitigating circumstance or circumstances are found to exist; and

      (c) Based upon these findings, whether the defendant should be sentenced to life imprisonment or death.

The jury or the panel of judges may impose a sentence of death only if it finds at least one aggravating circumstance and further finds that there are no mitigating circumstances sufficient to outweigh the aggravating circumstance or circumstances found.

      3.  When a jury or a panel of judges imposes a sentence of death, the court shall enter its finding in the record, or the jury shall render a written verdict signed by the foreman. The finding or verdict shall designate the aggravating circumstance or circumstances which were found beyond a reasonable doubt, and shall state that there are no mitigating circumstances sufficient to outweigh the aggravating circumstance or circumstances found.

      4.  When a jury or a panel of judges imposes a sentence of life imprisonment, it shall specify whether the imprisonment is with or without possibility of parole.

      5.  If a jury is unable to reach a unanimous verdict upon the sentence to be imposed, the supreme court shall appoint two district judges from judicial districts other than the district in which the plea is made, who shall with the district judge who conducted the trial, or his successor in office, conduct the required penalty hearing to determine the presence of aggravating and mitigating circumstances, and give sentence accordingly. A sentence of death may be given only by unanimous vote of the three judges, but any other sentence may be given by the vote of a majority.

      Sec. 9.  Chapter 176 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  When any person is convicted of murder of the first degree upon a plea of guilty or a trial without a jury the supreme court shall appoint two district judges from judicial districts other than the district in which the plea is made, who shall with the district judge before whom the plea is made, or his successor in office, conduct the required penalty hearing to determine the presence of aggravating and mitigating circumstances, and give sentence accordingly. A sentence of death may be given only by unanimous vote of the three judges, but any other sentence may be given by the vote of a majority.

      2.  If the concurrence of a majority cannot be had for any sentence less than death, the supreme court shall appoint a new panel of three district judges, none of whom was a member of the original panel, or a succession of such new panels if required.


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

ê1977 Statutes of Nevada, Page 1545 (Chapter 585, SB 220)ê

 

succession of such new panels if required. The new panel may in its discretion either give sentence upon the record of the evidence heard before the original panel or supplement the record by recalling the former witnesses or calling new ones. If the panel calls new witnesses, the state and the defendant are each entitled to call new witnesses or offer other evidence relevant to the new testimony. The same vote is required for the giving of sentence by the new panel as by the original panel.

      Sec. 10.  NRS 177.055 is hereby amended to read as follows:

      177.055  1.  When upon a plea of not guilty or not guilty by reason of insanity a judgment of death is entered, an appeal is deemed automatically taken by the defendant without any action by him or his counsel, unless the defendant or his counsel affirmatively waives [such] the appeal within 30 days after the rendition of the judgment.

      2.  Whether or not the defendant or his counsel affirmatively waives the appeal, the sentence shall be reviewed on the record by the supreme court, which shall consider, in a single proceeding if an appeal is taken:

      (a) Any errors enumerated by way of appeal;

      (b) Whether the evidence supports the finding of an aggravating circumstance or circumstances;

      (c) Whether the sentence of death was imposed under the influence of passion, prejudice or any arbitrary factor; and

      (d) Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases in this state, considering both the crime and the defendant.

      3.  The supreme court, when reviewing a death sentence, may:

      (a) Affirm the sentence of death;

      (b) Set the sentence aside and remand the case for a new penalty hearing:

             (1) If the original penalty hearing was before a jury, before a newly empaneled jury; or

             (2) If the original penalty hearing was before a panel of judges, before a panel of three district judges which shall consist, insofar as possible, of the members of the original panel; or

      (c) Set aside the sentence of death and impose the sentence of imprisonment for life without possibility of parole.

      Sec. 11.  NRS 178.484 is hereby amended to read as follows:

      178.484  1.  A person arrested for an offense other than [a capital offense as defined in subsection 2] murder of the first degree shall be admitted to bail.

      2.  A person arrested for [a capital offense] murder of the first degree may be admitted to bail unless the proof is evident or the presumption great by any competent court or magistrate authorized by law to do so in the exercise of discretion, giving due weight to the evidence and to the nature and circumstances of the offense. [For the purposes of this subsection, “capital offense” means:

      (a) Capital murder as defined in NRS 200.030; or

      (b) Murder as defined in chapter 200 of NRS.]

      3.  Where a person with no prior conviction for any offense is charged with a misdemeanor he may be released without bail at the discretion of the sheriff or chief of police or his designated deputy, pursuant to guidelines established by a court of competent jurisdiction, by filing an agreement to appear at the time and place specified in such agreement.


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ê1977 Statutes of Nevada, Page 1546 (Chapter 585, SB 220)ê

 

the sheriff or chief of police or his designated deputy, pursuant to guidelines established by a court of competent jurisdiction, by filing an agreement to appear at the time and place specified in such agreement.

      Sec. 12.  If the punishment of death is held to be unconstitutional by the court of last resort, the substituted punishment shall be imprisonment in the state prison for life without possibility of parole.

      Sec. 13.  Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1977.

 

________

 

 

CHAPTER 586, AB 710

Assembly Bill No. 710–Assemblymen Dini, Sena, Jeffrey, Mann, Robinson, Hayes, Craddock, Serpa, Rhoads, Horn, Moody, Bennett, Gomes, Chaney, Murphy, Weise, Jacobsen, Howard and Dreyer

CHAPTER 586

AN ACT relating to administrative procedures; providing a procedure for advisory review of executive department regulations by the legislative commission and the standing committees of both houses of the legislature; and providing other matters properly relating thereto.

 

[Approved May 17, 1977]

 

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

do enact as follows:

 

      Section 1.  Chapter 233B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  After its hearing on a proposed regulation, the agency shall submit an original and four copies of each regulation adopted, except an emergency regulation, to the director of the legislative counsel bureau for review by the legislative commission to determine whether the regulation conforms to the statutory authority under which it was adopted and whether the regulation carries out the intent of the legislature in granting that authority. The director shall cause to be endorsed on the original and duplicate copies of each adopted regulation the time and date of their filing and shall maintain one copy of the regulation in a file and available for public inspection for a period of 2 years.

      2.  The legislative commission shall review the regulation at its next regularly scheduled meeting if the regulation is received more than 3 working days before the meeting, or within 35 days, whichever occurs first. If the commission fails to complete its review of the regulation within that time, the director of the legislative counsel bureau shall promptly file the regulation with the secretary of state and notify the agency of the filing.

      3.  The legislative commission shall notify the director of the results of its review. If the commission does not object to a regulation, the director shall accept the regulation as it was submitted, promptly file the regulation with the secretary of state and notify the agency of the filing. If the commission determines that the regulation does not conform to statutory authority or carry out legislative intent, the director shall attach to the regulation a written notice of its objection, including a statement of the reasons for its objection, and shall return the regulation to the agency.


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ê1977 Statutes of Nevada, Page 1547 (Chapter 586, AB 710)ê

 

      4.  The agency may revise the regulation and return it to the legislative commission, or it may return the regulation, with the notice of objection attached, without change. If the agency returns a revised regulation to the commission, the director shall circulate it among the members and, if there is no objection to the revision, he shall promptly file the regulation with the secretary of state and notify the agency of the filing. If any member of the commission objects to the revised regulation or if the regulation is returned to the commission without change and the legislature is:

      (a) In regular session, the director of the legislative counsel bureau shall transmit the regulation, with the notice of objection attached, to the president of the senate and the speaker of the assembly for referral to the appropriate standing committee of each house of the legislature.

      (b) Not in regular session, the director shall promptly file the regulation with the secretary of state and notify the agency of the filing. On the first day of the next regular session of the legislature, the director shall transmit the regulation together with the notice of objection to the president of the senate and the speaker of the assembly for such action as those bodies may determine to be proper.

      5.  The legislative commission may provide for:

      (a) Early review of regulations by the commission, after the agency gives notice of its hearing on the regulation and before the hearing is held, if the regulation which is adopted after the hearing is identical to the regulation submitted for early review.

      (b) A waiver of its review of a regulation in cases of administrative convenience or necessity.

      Sec. 3.  1.  If the standing committees fail to act on the regulation within the prescribed time, the director shall promptly file the regulation with the secretary of state and notify the agency of the filing.

      2.  The standing committees shall review the regulation in the same manner as did the legislative commission to determine whether the regulation conforms to the statutory authority under which it was adopted and carries out the intent of the legislature in granting that authority. If the standing committees determine that the regulation does not conform to statutory authority or carry out legislative intent, the director shall attach to the regulation a written notice of the objection, including a statement of the reasons for the objection, and shall return the regulation to the agency.

      3.  The agency may revise the regulation and return it to the director of the legislative counsel bureau, or it may return the regulation, with the notice of objection attached, without change. The director shall promptly file the regulation with the secretary of state and notify the agency of the filing. If the regulation is returned without change, or if the revision does not meet the objections of the standing committees, the director shall transmit the regulation together with the notice of objection to the standing committees, or to the president of the senate and the speaker of the assembly on the first day of the next regular session of the legislature, as appropriate, for such action as those bodies may determine to be proper.

      Sec. 4.  NRS 233B.060 is hereby amended to read as follows:

      233B.060  1.  Prior to the adoption, amendment or repeal of any regulation, the agency shall give at least 30 days’ notice of its intended action, unless a shorter period of notice is specifically permitted by statute.


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

ê1977 Statutes of Nevada, Page 1548 (Chapter 586, AB 710)ê

 

action, unless a shorter period of notice is specifically permitted by statute.

      2.  The notice shall:

      (a) Include a statement of either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which, interested persons may present their views thereon.

      (b) State each address at which the text of the proposed regulation may be inspected and copied.

      (c) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which shall be kept by the agency for such purpose.

The agency shall at the time of giving the notice deposit one copy of the text of the proposed regulation with the secretary of state, and keep at least one copy available in its office from the date of the notice to the date of the hearing, for inspection and copying by the public. [The notice shall state the address or addresses at which the text of the proposed regulation may be inspected and copies.] After the [agency] director of the legislative counsel bureau has filed the original and [copies of the adopted regulation] a copy of the final draft or revision of the regulation with the secretary of state pursuant to NRS 233B.070, the secretary of state may discard the deposited copy of the proposed regulation.

      3.  All interested persons shall be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing. With respect to substantive regulations, opportunity for oral hearing [must] shall be granted if requested by any interested person who will be directly affected by the proposed regulation. The agency shall consider fully all written and oral submissions respecting the proposed regulation.

      4.  If an agency finds that an emergency exists, and such a finding is concurred in by the governor by written endorsement on the original copy of a proposed regulation, a regulation may be adopted and become effective immediately upon its being filed in the office of the secretary of state. A copy of the regulation shall also be filed with the legislative counsel bureau. A regulation so adopted may be effective for a period of not longer than 120 days. [, but] A regulation may be adopted by this emergency procedure only once, but the adoption of an identical regulation under subsections 1 to 3, inclusive, is not precluded.

      5.  No regulation [adopted after July 1, 1965,] is valid unless adopted in substantial compliance with this section, but no objection to any regulation on the ground of noncompliance with the procedural requirements of this section may be made more than 2 years after its effective date. [Regulations in effect on July 1, 1965, shall continue in effect until amended or repealed in accordance with the provisions of this chapter, if an original and two copies are deposited with the secretary of state on or before July 1, 1965.]

      6.  Upon adoption of a regulation, the agency, if requested to do so by an interested person, either prior to adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, and incorporate therein its reason for overruling the consideration urged against its adoption.


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

ê1977 Statutes of Nevada, Page 1549 (Chapter 586, AB 710)ê

 

      Sec. 5.  NRS 233B.070 is hereby amended to read as follows:

      233B.070  1.  [Regulations shall become effective 30 days after an original and three duplicate copies of each regulation are filed with the secretary of state, except where:

      (a) A later date is required by statute;

      (b) An earlier date is permitted by statute;

      (c) A later date is specified in the regulation; or

      (d) The agency finds that an emergency exists, and such finding is concurred in by the governor, by written endorsement upon the original regulation.] A regulation becomes effective upon filing with the secretary of state of the original and one copy of the final draft or revision of a regulation by the director of the legislative counsel bureau, except where:

      (a) A statute prescribes a specific time when the regulation becomes effective;

      (b) A later date is specified in the regulation; or

      (c) The regulation is an emergency regulation,

but every regulation except an emergency regulation shall be submitted to the legislative counsel bureau for filing.

      2.  Each regulation shall include a citation of the authority pursuant to which it, or any part of it, was adopted.

      3.  The secretary of state shall [cause to be endorsed on the original and duplicate copies of each regulation filed the time and date of the filing thereof, and shall maintain a file] maintain the original of the final draft or revision of each regulation in a permanent file to be used only for the preparation of official copies, and shall maintain a file containing the duplicate copies of such regulations for public inspection together with suitable indexes therefor.

      4.  [No] Any adopted regulation [,] which attempts to incorporate an agency’s ruling, order or similar pronouncement by referring to the general subject of such, or to where such may be found, or to both, shall not be effective.

      5.  [The secretary of state shall deliver a duplicate copy of each adopted regulation to the Nevada legislative counsel bureau.

      6.]  Each agency shall furnish a copy of its regulations to any person who requests a copy, and may charge a reasonable fee for such copy based on the cost of reproduction if it does not have funds appropriated or authorized for such purpose.

      Sec. 6.  NRS 233B.090 is hereby amended to read as follows:

      233B.090  The secretary of state’s authenticated file stamp on [a rule or] the original of the final draft or revision of a regulation [shall raise] raises a rebuttable presumption that the [rule or] regulation was adopted and filed in compliance with all requirements necessary to make it effective.

      Sec. 7.  Section 23 of Senate Bill No. 62 of the 59th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 23.  NRS 233B.060 is hereby amended to read as follows:

       233B.060  1.  Prior to the adoption, amendment or repeal of any regulation, the agency shall give at least 30 days’ notice of its intended action, unless a shorter period of notice is specifically permitted by statute.


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

ê1977 Statutes of Nevada, Page 1550 (Chapter 586, AB 710)ê

 

       2.  The notice shall:

       (a) Include a statement of either the terms or substance of the proposed regulation or a description of the subjects and issues involved, and of the time when, the place where, and the manner in which, interested persons may present their views thereon.

       (b) State each address at which the text of the proposed regulation may be inspected and copied.

       (c) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which shall be kept by the agency for such purpose.

The attorney general may by regulation prescribe the form of notice to be used, which shall be distributed to each recipient of the agency’s regulations.

       3.  The agency shall at the time of giving the notice deposit one copy of the text of the proposed regulation with the secretary of state, and keep at least one copy available in it office from the date of the notice to the date of the hearing, for inspection and copying by the public. After the director of the legislative counsel bureau has filed the original and a copy of the final draft or revision of the regulation with the secretary of state, [pursuant to NRS 233B.070,] the secretary of state may discard the deposited copy of the proposed regulation.

       [3.]4.  All interested persons shall be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing. With respect to substantive regulations, [opportunity for oral hearing shall be granted if requested by an interested person who will be directly affected by the proposed regulation.] the agency shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposed regulation and requests an oral hearing, the agency may proceed immediately to act upon any written submissions. The agency shall consider fully all written and oral submissions respecting the proposed regulation.

       [4.]5.  If an agency finds that an emergency exists, and such a finding is concurred in by the governor by written endorsement on the original copy of a proposed regulation, a regulation may be adopted and become effective immediately upon its being filed in the office of the secretary of state. A copy of the regulation shall also be filed with the legislative counsel bureau. A regulation so adopted may be effective for a period of not longer than 120 days. A regulation may be adopted by this emergency procedure only once, but the adoption of an identical regulation under subsections 1 to 3, inclusive, is not precluded.

       [5.]6.  No regulation adopted after July 1, 1965, is valid unless adopted in substantial compliance with this [section,] chapter but no objection to any regulation on the ground of noncompliance with the procedural requirements of this section may be made more than 2 years after its effective date. Regulations in effect on July 1, 1965, continue in effect until amended or repealed in accordance with the provisions of this chapter, if an original and two copies were deposited with the secretary of state on or before July 1, 1965.


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

ê1977 Statutes of Nevada, Page 1551 (Chapter 586, AB 710)ê

 

       [6.  Upon adoption of a regulation, the agency, if requested to do so by an interested person, either prior to adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, and incorporate therein its reason for overruling the consideration urged against its adoption.]

 

      Sec. 8.  Section 24 of Senate Bill No. 62 of the 59th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 24.  NRS 233B.070 is hereby amended to read as follows:

       233B.070  1.  A regulation becomes effective upon filing with the secretary of state of the original and one copy of the final draft or revision of a regulation by the director of the legislative counsel bureau, except where:

       (a) A statute prescribes a specific time when the regulation becomes effective;

       (b) A later date is specified in the regulation; or

       (c) The regulation is an emergency regulation,

but every regulation except an emergency regulation shall be submitted to the legislative counsel bureau for filing.

       2.  [Each regulation shall include a citation of the authority pursuant to which it, or any part of it, was adopted.

       3.]  The secretary of state shall maintain the original of the final draft or revision of each regulation in a permanent file to be used only for the preparation of official copies, and shall maintain a file containing the duplicate copies of such regulations for public inspection together with suitable indexes therefor.

       [4.  Any adopted regulation which attempts to incorporate an agency’s ruling, order or similar pronouncement by referring to the general subject of such, or to where such may be found, or to both, shall not be effective.]

       3.  Each agency shall furnish a copy of [its regulations] any of its regulations, or all or part of that part of the Nevada Administrative Code which contains its regulations, to any person who requests a copy, and may charge a reasonable fee for such copy based on the cost of reproduction if it does not have funds appropriated or authorized for such purpose.

 

      Sec. 9.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1977 Statutes of Nevada, Page 1552ê

 

CHAPTER 587, SB 212

Senate Bill No. 212–Senator Dodge

CHAPTER 587

AN ACT relating to land use planning; limiting the powers of the division of state lands of the state department of conservation and natural resources; creating an executive council of the state land use planning advisory council; providing procedures to decide conflicts between local government entities; providing procedures for land use planning assistance in areas of critical environmental concern; and providing other matters properly relating thereto.

 

[Approved May 18, 1977]

 

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

do enact as follows:

 

      Section 1.  Chapter 321 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  If an inconsistency in land use plans develops between two or more adjacent or overlapping local government entities which cannot be resolved between them, one or more of them may request the state land use planning agency to study and assist in resolving the inconsistency.

      2.  Upon receipt of such a request the administrator shall convene a meeting of all the affected entities and shall provide technical assistance and advice in resolving the inconsistency.

      3.  If, after subsequent meetings over a reasonable period of time as determined by the administrator, the affected entities cannot resolve the inconsistency, the matter shall be submitted to the executive council of the land use planning advisory council for a decision.

      Sec. 3.  1.  The executive council of the land use planning advisory council is hereby created to consider and make recommendations for land use planning in areas of critical environmental concern and to resolve inconsistencies in land use planning between local government entities.

      2.  The executive council consists of the administrator and four persons selected by the land use planning advisory council from among its members. Each member of the executive council shall serve for 2 year terms.

      Sec. 4.  1.  When an inconsistency in land use planning is submitted for decision, the executive council may direct the staff of the state land use planning agency to conduct studies, assemble information and prepare proposals for alternative courses of action if necessary.

      2.  The executive council shall conduct public hearings in the affected areas before arriving at a decision in the matter.

      3.  In rendering its decision, the executive council may sustain the position of one or more of the local government entities involved or prescribe its own land use plan for the area of inconsistency. The executive council may adopt land use regulations to carry out its decision.

      4.  All land use plans and regulations adopted by the executive council pursuant to this section supersede inconsistent plans and regulations of the affected local government entities, but the local government entities are responsible for enforcing the plans and regulations of the executive council.


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

ê1977 Statutes of Nevada, Page 1553 (Chapter 587, SB 212)ê

 

      5.  In the event of noncompliance with such plans or regulations, any affected local government entity may bring an action to obtain injunctive relief against such noncompliance.

      6.  The executive council, upon petition from all of the affected local government entities or on its own motion, may determine the expiration date of the plans and regulations imposed pursuant to this section.

      Sec. 5.  The state land use planning agency shall review and evaluate land use policies and activities for lands in Nevada which are under federal management.

      Sec. 6.  NRS 321.640 is hereby amended to read as follows:

      321.640  The legislature hereby finds and declares that:

      1.  [There is a statewide public interest in a more efficient system of land use planning and decisionmaking.

      2.  The rapid and continued growth of the state’s population, expanding urban development, increasing pressures upon natural resources, conflicts in patterns of land use, a lack of state land use policy and planning and the increased size, scale and impact of private actions have created a situation in which land use management decisions of wide public concern often are being made on the basis of expediency, tradition, short-term economic considerations and other factors which too frequently are unrelated or contradictory to sound environmental, economic and social land use considerations.

      3.  The task of land use planning and management is made more difficult by the lack of understanding of, and the failure to assess, the land use impact of federal, regional, state and local programs and private endeavors which do not possess, or are not subject to, readily discernible land management goals or guidelines, and that a state land use policy is needed to develop a state and local awareness of, and ability to measure, the land use impacts inherent in most public and private programs and activities.

      4.  Adequate data and information on land use and systematic methods of collection, classification and utilization thereof are either lacking or not readily available to public and private land use decisionmakers, and a state land use policy must place a high priority on the procurement and dissemination of land use date.

      5.  The land use decisions of the Federal Government, including those concerning the federal lands, which comprise 86.4 percent of the lands of Nevada, often have significant impact upon statewide and local environments and patterns of development, and a federal land use policy ought to take into consideration the needs and interests, and invite the participation of, state and local governments and members of the public. A state land use policy and planning program is vital to protect the interests of the people of Nevada in federal land use and management decisions over federally owned lands within the State of Nevada.

      6.  Unplanned development in critical environmental areas can and has resulted in irreparable damage to natural resources. The available supply of water, the effects upon air quality, land capabilities and various other factors mandate the proper location, type and scale of future developments. It is therefore imperative that a land planning and use authority be established to guide the conversion and use of lands in accordance with sound environmental, economic and social considerations.] It is in the public interest to place the primary authority for the planning process with the local governments, which are closest to the people;

 


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ê1977 Statutes of Nevada, Page 1554 (Chapter 587, SB 212)ê

 

planning process with the local governments, which are closest to the people;

      2.  Unregulated growth and development of the state will result in harm to the public safety, health, comfort, convenience, resources and general welfare;

      3.  The cities of the state have a responsibility for guiding the development of areas within their respective boundaries for the common good, and the counties have similar responsibilities with respect to their unincorporated areas.

      4.  City, county, regional and other planning must be done in harmony to insure the orderly growth and preservation of the state; and

      5.  State participation in land use planning should be limited to coordination of information and data, the use of federal lands within the state, providing land use planning assistance in areas of critical environmental concern when directed by the governor or requested by local governments, and providing assistance in resolving inconsistencies in local land use planning when requested to do so by a local government entity.

      Sec. 7.  NRS 321.655 is hereby amended to read as follows:

      321.655  As used in NRS 321.640 to 321.770, inclusive:

      1.  “Administrator” means the executive head of the division of state lands of the state department of conservation and natural resources.

      2.  “Area of critical environmental concern” means any area in this state where there is or could develop irreversible degradation of more than local significance but does not include an area of depleting water supply which is caused by the beneficial use or storage of water in other areas pursuant to legally owned and fully appropriated water rights.

      Sec. 8.  NRS 321.700 is hereby amended to read as follows:

      321.700  In addition to any other functions assigned to it by law, the division of state lands of the state department of conservation and natural resources is hereby designated as the state land use planning agency for the purpose of carrying out the provisions of NRS 321.640 to [321.810,] 321.770, inclusive, and fulfilling any land use planning requirements arising under federal law.

      Sec. 9.  NRS 321.710 is hereby amended to read as follows:

      321.710  1.  The administrator shall administer the activities of the state land use planning agency. He shall have [the primary] authority and responsibility [in the state] for the development and [operation of a state land use program.] distribution of information useful to land use planning.

      2.  In addition to the assistant provided by subsection 3 of NRS 321.010 he may appoint, subject to the availability of [funds,] money, such professional, technical, administrative, clerical and other persons as he may require for assistance in performing his land use planning duties.

      Sec. 10.  NRS 321.720 is hereby amended to read as follows:

      321.720  The administrator shall develop and [carry on a statewide land use planning process, which process shall include but shall not be limited to the following:] make available to cities and counties information useful to land use planning, including:

      1.  [The preparation] Preparation and continuing revision of a statewide inventory of the land and natural resources of the state;


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

ê1977 Statutes of Nevada, Page 1555 (Chapter 587, SB 212)ê

 

      2.  [The compilation] Compilation and continuing revision of data, on a statewide basis, related to population densities and trends, economic characteristics and projections, environmental conditions and trends, and directions and extent of urban and rural growth;

      3.  [The identification of areas which may be areas of critical environmental concern;

      4.]  Projections of the nature and quantity of land needed and suitable for:

      (a) Recreation and esthetic appreciation;

      (b) Conservation and preservation of natural resources, agriculture, mineral development, and forestry;

      (c) Industry and commerce, including the development, generation and transmission of energy;

      (d) Transportation;

      (e) Urban development, including the revitalization of existing communities, the development of new towns, and the economic diversification of existing communities which possess a narrow economic base;

      (f) Rural development, taking into consideration future demands for and limitations upon products of the land; and

      (g) Health, educational, and other state and local governmental services;

      [5.  The preparation] 4.  Preparation and continuing revision of an inventory of environmental, geological and physical conditions (including soil types) which influence the desirability of various uses of land;

      [6.  The preparation] 5.  Preparation and continuing revision of an inventory of state, local government and private needs and priorities concerning the use of federal lands within the state;

      [7.  The preparation] 6.  Preparation and continuing revision of an inventory of public and private institutional and financial resources available for land use planning and management within the state and of state and local programs and activities which have a land use impact of more than local concern;

      [8.  The establishment of a method for identifying large-scale development and development and land use of regional benefit;

      9.  The establishment of a method for inventorying and designating areas of critical environmental concern and areas which are, or may be, impacted by key facilities;

      10.  The provision,] 7.  Provision, where appropriate, of technical assistance and training programs for state and local agency personnel concerned with the development and implementation of state and local land use programs;

      [11.  The establishment of arrangements for the] 8.  Coordination and exchange of land use planning information and data among state agencies and local governments, with the Federal Government, among the several states and interstate agencies, and with members of the public, [;

      12.  The establishment of a method for coordinating all state and local agency programs and services which significantly affect land use;

      13.  The] including conducting of public hearings, preparation of reports, and soliciting of comments on reports concerning [the statewide land use planning process or aspects thereof;


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

ê1977 Statutes of Nevada, Page 1556 (Chapter 587, SB 212)ê

 

      14.  The provision of opportunities for participation by the public and the appropriate officials or representatives of local governments in the statewide planning process and in the formulation of guidelines, rules and regulations for the administration of the statewide planning process; and

      15.  The consideration] information useful to land use planning;

      9.  Coordination of planning for state and local use of federal lands within the state, except that in the case of a plan which utilizes both federal and private lands the governing body of the area where private lands are to be utilized has final authority to approve the proposal; and

      10.  Consideration of, and consultation with, the relevant states on the interstate aspects of land use issues of more than local concern.

      Sec. 11.  NRS 321.740 is hereby amended to read as follows:

      321.740  1.  There is hereby created a [state] land use planning advisory council.

      2.  The members of the council:

      (a) Shall be appointed by the governor, at least one from each county.

      (b) May represent urban and rural areas of the state.

      (c) May include members of city, county and regional planning commissions.

      3.  The governor shall fix:

      (a) The number of members of the council at 17 or more.

      (b) The terms of members of the council at 4 years or less.

      4.  Those members of the council who are members of planning commissions or employees of this state or any of its political subdivisions shall be paid the per diem expense allowances and travel expenses provided by law for their respective positions by their respective planning commissions or governmental employers. Other members shall be paid such allowances and expenses by the state land use planning agency if [moneys are] money is lawfully available to it for this purpose.

      Sec. 12.  NRS 321.750 is hereby amended to read as follows:

      321.750  The [state] land use planning advisory council shall [:

      1.  Advise the administrator on the development of the statewide land use planning process.

      2.  Comment on all state guidelines, rules and regulations to be promulgated pursuant to NRS 321.640 to 321.810, inclusive.

      3.  Participate in the development of the statewide land use planning process and state land use program.] advise the administrator on the development and distribution to cities and counties of information useful to land use planning.

      Sec. 13.  NRS 321.770 is hereby amended to read as follows:

      321.770  1.  [The administrator shall:

      (a) With the concurrence of the governor, designate areas of critical environmental concern within the State of Nevada.

      (b) Promulgate minimum standards and criteria for the conservation and use of land and other natural resources therein.

      (c) Adopt a land use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air apace and other natural resources within the area, including but not limited to, an allocation of maximum population densities.

      2.  The administrator shall promulgate procedures for carrying out the provisions of paragraphs (b) and (c) of subsection 1 which shall include:


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

ê1977 Statutes of Nevada, Page 1557 (Chapter 587, SB 212)ê

 

      (a) A request for information and recommendations from private interests affected and from cities and counties affected and their regional planning commissions if any.

      (b) Advice and recommendations from the state land use planning advisory council.

      (c) A public hearing upon notice given by at least one publication at least 20 days prior to the hearing in a newspaper or combination of newspapers of general circulation throughout the area affected and each city and county any portion of whose territory lies within such area. The notice shall state with particularity the subject of the hearing.

      3.  An area of critical environmental concern shall not be designated without:

      (a) The promulgation of the standards required by paragraph (b) of subsection 1;

      (b) The adoption of the plan required by paragraph (c) of subsection 1; and

      (c) A finding by the administrator that the potential degradation of or within the area is so imminent as to require immediate action.] The state land use planning agency shall provide assistance in land use planning for areas of critical environmental concern:

      (a) When the governor directs that the agency review and assist in land use planning for an area he finds to be of critical environmental concern.

      (b) When one or more local government entities request that the agency advise and assist in land use planning for an area which affects them and which they consider to be of critical environmental concern.

      2.  Upon receipt of a directive or a request pursuant to subsection 1, the administrator shall study the problems of the area described and meet with the affected local government entities to receive their initial comments and recommendations. He shall then submit the matter of planning for the area of critical environmental concern to the executive council of the land use planning advisory council for consideration and recommendation.

      3.  The executive council shall include in its procedures one or more public hearings upon notice given by at least one publication at least 20 days before the hearing in a newspaper or combination of newspapers having general circulation throughout the area affected and each city and county any portion of whose territory lies within such area. The notice shall state with particularity the subject of the hearing.

      4.  Following completion of the hearings and consideration of other information, the executive council shall make its final recommendations for land use planning policies in the area of critical environmental concern. The recommendations may include proposed land use regulations to carry out such policies.

      5.  No land use regulation adopted by the executive council pursuant to this section may become effective without the approval of the governor.

      Sec. 14.  NRS 232.152 is hereby amended to read as follows:

      232.152  1.  The governor shall appoint 13 members to the committee as follows:

      (a) Each of 10 members shall be appointed to represent respectively each of the following entities and shall be chosen from a list of three lay persons recommended by each entity:

             (1) Advisory mining board.


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

ê1977 Statutes of Nevada, Page 1558 (Chapter 587, SB 212)ê

 

             (2) Central committee of Nevada state grazing boards.

             (3) Nevada League of Cities.

             (4) State board of agriculture.

             (5) State board of fish and game commissioners.

             (6) State conservation commission.

             (7) State environmental commission.

             (8) [State land] Land use planning advisory council.

             (9) State park advisory commission.

             (10) Nevada association of county commissioners.

      (b) Each of three members shall be appointed to represent respectively the interests of each of the following:

             (1) Railroads and utilities.

             (2) Sportsmen.

             (3) Off-road vehicle enthusiasts.

      2.  The committee shall select one of its members to serve as chairman. The assistant director provided for in NRS 232.157 shall serve as secretary but shall have no vote.

      Sec. 15.  NRS 321.650, 321.660, 321.680, 321.690, 321.730, 321.760, 321.780, 321.790, 321.800 and 321.810 are hereby repealed.

 

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CHAPTER 588, SB 106

Senate Bill No. 106–Committee on Environment, Public Resources and Agriculture

CHAPTER 588

AN ACT relating to air pollution control; modifying requirements for the regulation of certain sources of air pollution; and providing other matters properly relating thereto.

 

[Approved May 18, 1977]

 

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

do enact as follows:

 

      Section 1.  NRS 445.446 is hereby amended to read as follows:

      445.446  1.  “Source” means any property, real or personal, which directly emits or may emit any air contaminant.

      2.  [“Complex] “Indirect source” means any property or facility that has or solicits secondary or adjunctive activity which emits or may emit any air contaminant for which there is an ambient air quality standard, notwithstanding that such property or facility may not itself possess the capability of emitting such air contaminants. [Complex] Indirect sources include, but are not limited to:

      (a) Highways and roads;

      (b) Parking facilities;

      (c) Retail, commercial and industrial facilities;

      (d) Recreation, amusement, sports and entertainment facilities;

      (e) Airports;

      (f) Office and government buildings;

      (g) Apartment and condominium buildings;

      (h) Educational facilities,

and other such property or facilities which will result in increased air contaminant emissions from motor vehicles or other stationary sources.


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ê1977 Statutes of Nevada, Page 1559 (Chapter 588, SB 106)ê

 

      Sec. 2.  NRS 445.493 is hereby amended to read as follows:

      445.493  1.  No regulation adopted pursuant to any provision of NRS 445.401 to 445.601, inclusive, may be enforced as to indirect sources [which] if it is more stringent with respect to the size cutoffs [as] established for designated areas pursuant to the United States Clean Air Act of 1963 and the rules and regulations adopted in furtherance thereof.

      2.  [Should] Except as provided in subsection 3, if the United States Environmental Protection Agency [delay] delays the effective date for enforcement of its indirect source regulations beyond January 17, 1977, the [state’s] authority of a state agency or district board of health to review new [complex] indirect sources shall expire. Those projects approved prior to that date shall continue under the guidelines established in their permit.

      3.  If the federal indirect source regulations become effective after January 17, 1977, then:

      (a) The authority of a state agency to review new indirect sources may be exercised only:

             (1) In the enforcement of the federal indirect source regulations; and

             (2) To the extent enforcement by the state agency is required by the federal act.

      (b) The governing body of each county and each incorporated city may enforce within its jurisdiction the federal indirect source regulations or any indirect source regulations it adopts which are no more strict than the federal indirect source regulations, to the extent such local enforcement is not inconsistent with the requirements of the federal act.

      Sec. 3.  NRS 445.496 is hereby amended to read as follows:

      445.496  1.  The commission shall require, with respect to all sources of air contaminant, including [complex] indirect sources, that plans, specifications and such other information as the commission may direct be submitted to the director not later than a specified interval prior to the construction or alteration of a building or other structure if such construction or alteration includes the establishment or alteration of a source or [complex] indirect sources of air contaminant.

      2.  The local government authority, if any, responsible for issuing any required building permit shall not issue such building permit until the registration has been made pursuant to regulation and no stop order prohibiting such construction or alteration has been issued.

      Sec. 4.  NRS 445.546 is hereby amended to read as follows:

      445.546  1.  Except as provided in subsection 4 and in subsections 2 and 3 of NRS 445.493:

      (a) The district board of health, county board of health or board of county commissioners in each county which has a population of 100,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, shall establish an air pollution control program within 2 years after July 1, 1971, and administer such program within its jurisdiction unless superseded.

      [2.](b) The program shall:

      [(a)](1) Establish by ordinance or local regulation standards of emission control, emergency procedures and variance procedures [which:


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ê1977 Statutes of Nevada, Page 1560 (Chapter 588, SB 106)ê

 

             (1) In the case of complex sources, are equivalent to, but not stricter than; and

             (2) In the case of all other sources, are] equivalent to or stricter than [,] those established by statute or state regulation; and

      [(b)](2) Provide for adequate administration, enforcement, financing and staff.

      [3.](c) The district board of health, county board of health or board of county commissioners is designated as the air pollution control agency of the county for the purposes of NRS 445.401 to 445.601, inclusive, and the federal act insofar as it pertains to local programs, and such agency is authorized to take all action necessary to secure for the county the benefits of the federal act.

      [4.](d) Powers and responsibilities provided for in NRS 445.461, 445.476 to 445.526, inclusive, 445.571 to 445.581, inclusive, and 445.601 shall be binding upon and shall inure to the benefit of local air pollution control authorities within their jurisdiction.

      [5.]2.  The local air pollution control board shall carry out all provisions of NRS 445.466 with the exception that notices of public hearings shall be given in any newspaper, qualified pursuant to the provisions of chapter 238 of NRS, as amended from time to time, once a week for 3 weeks, which notice shall specify with particularity the reasons for the proposed rules or regulations and provide other informative details. [Such rules or regulations may be more restrictive, except as provided in subsection 2, than those adopted by the commission.] NRS 445.466 shall not apply to the adoption of existing regulations upon transfer of authority as provided in NRS 445.598.

      [6.]3.  Any county whose population is less than 100,000 or any city may meet the requirements of this section for administration and enforcement through cooperative or interlocal agreement with one or more other counties, or through agreement with the state, or may establish its own air pollution control program. If such county establishes such program, it shall be subject to the approval of the commission.

      [7.]4.  No [existing] district board of health, county board of health or board of county commissioners may adopt any regulation or establish a compliance schedule, variance order or other enforcement action relating to [air pollution by] emission control of fossil fuel-fired electric steam generating facilities. [, with a capacity greater than 1,000 megawatts, may be enforced until July 1, 1977.

      8.  The state environmental commission shall hold 1 or more public hearings prior to July 1, 1976, for the purpose of reviewing air contaminant emission standards applicable to fossil fuel-fired steam generating facilities.]

 

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ê1977 Statutes of Nevada, Page 1561ê

 

CHAPTER 589, AB 168

Assembly Bill No. 168–Committee on Government Affairs

CHAPTER 589

AN ACT relating to the state environmental commission; revising the composition thereof; and providing other matters properly relating thereto.

 

[Approved May 18, 1977]

 

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

do enact as follows:

 

      Section 1.  NRS 445.451 is hereby amended to read as follows:

      445.451  1.  The state environmental commission is hereby created in the state department of conservation and natural resources. The commission consists of:

      (a) The director of the Nevada department of fish and game;

      (b) The state forester firewarden;

      (c) The state engineer;

      (d) The executive director of the state department of agriculture;

      (e) A member of the state board of health to be designated by that board; and

      (f) Four members appointed by the governor [who have a demonstrated knowledge and expertise.] one of whom is a person who is a general engineering contractor or a general building contractor licensed pursuant to chapter 624 of NRS.

      2.  The governor shall appoint the chairman of the commission from among the members.

      3.  [Six] A majority of the members [of the commission constitute] constitutes a quorum and a majority of those present must concur in any decision.

      4.  Each member who is appointed by the governor is entitled to receive a salary of $40 for each day’s attendance at a meeting of the committee and the travel expenses and subsistence allowances as provided by law.

      5.  Any person who receives or has during the previous 2 years received a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445.131 to 445.354, inclusive, is disqualified from serving as a member of the commission. This subsection does not apply to any person who receives or has received during the previous 2 years, a significant portion of his income from any department or agency of state government which may be a holder of or an applicant for a permit required by NRS 445.131 to 445.354, inclusive.

      6.  The state department of conservation and natural resources shall provide technical advice, support and assistance to the commission. All state officers, departments, commissions and agencies, including but not limited to, the department of highways, the Nevada department of fish and game, the department of human resources, the University of Nevada System, the state public works board, the department of motor vehicles, the public service commission of Nevada and the state department of agriculture may also provide technical advice, support and assistance to the commission.


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ê1977 Statutes of Nevada, Page 1562 (Chapter 589, AB 168)ê

 

      Sec. 2.  1.  The terms of office of all members appointed by the governor to the state environmental commission, who are incumbent on July 1, 1977, expire on that date.

      2.  After the expiration of the term of such members, the governor shall appoint new members in accordance with paragraph (f) of subsection 1 of NRS 445.451.

      Sec. 3.  This act shall become effective at 12:02 a.m. on July 1, 1977.

 

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CHAPTER 590, SB 457

Senate Bill No. 457–Senator Blakemore

CHAPTER 590

AN ACT relating to school property; providing additional administrative procedures relating to decisions by the board of trustees to close a school or devote the building to purposes other than teaching; and providing other matters properly relating thereto.

 

[Approved May 18, 1977]

 

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

do enact as follows:

 

      Section 1.  NRS 393.080 is hereby amended to read as follows:

      393.080  1.  The board of trustees of a school district [shall have power:] may:

      [1.  To build,] (a) Build, purchase or rent schoolhouses and other school buildings, including but not limited to teacherages, gymnasiums and stadiums, and dormitories and dining halls as provided in NRS 393.090.

      [2.  To change] (b) Change the location of schools.

      (c) Close a school or change the use of the school building to a purpose other than the teaching of kindergarten through 12th grade.

      2.  Any board of trustees which proposes to change the location of a school, close a school or change the use of a school building as provided in subsection 1 shall give 30 days’ written notice to the principal and teachers of the affected school and to the parents of the children attending that school. In addition the board shall publish a notice of the subject, time and place of the meeting at which the matter will be considered, in a newspaper of general circulation in the county at least 10 days before the meeting.

      Sec. 2.  Chapter 393 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Any resident of a school district who is aggrieved by a decision of the board of trustees to close or change the use of a school under NRS 393.080 may, within 30 days after the decision is rendered, make a written request to the board for a hearing for reconsideration of the decision. The board shall schedule the hearing within 30 days after receiving the request and shall publish a notice of the time and place of the hearing in a newspaper of general circulation in the county at least 10 days before the hearing.

      2.  Any resident of the school district who is aggrieved by the decision of the board of trustees at the reconsideration hearing may, within 30 days after that decision is rendered, make a written request to the state board of education for a hearing to review the decision.


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ê1977 Statutes of Nevada, Page 1563 (Chapter 590, SB 457)ê

 

30 days after that decision is rendered, make a written request to the state board of education for a hearing to review the decision. The state board of education shall conduct the hearing in the county in which the school is located within 30 days after receiving the request and shall publish a notice of the time and place of the hearing in a newspaper of general circulation in the county at least 10 days before the hearing. The state board of education shall hear the matter de novo. The decision of the state board of education after its hearing is a final decision subject to judicial review as provided by law.

 

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CHAPTER 591, SB 128