[Rev. 4/6/2015 4:53:52 PM]

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ê1979 Statutes of Nevada, Page 1401 (Chapter 649, AB 808)ê

 

      (b) The surety submits an application for exoneration on the ground that the defendant is unable to appear because:

             (1) He is dead;

             (2) He is ill;

             (3) He is insane; or

             (4) He is being detained by civil or military authorities,

and the court, upon hearing the matter, determines that one or more of the grounds described in this paragraph exist and that the surety did not in any way cause or aid the absence of the defendant.

      2.  If the requirements of subsection 1 are met, the court may exonerate the surety upon such terms as may be just.

      3.  The court shall not exclude any period of time from the running of the 90 days following mailing of the notice of intent to forfeit unless the defendant or the surety submits an application for the exclusion of time from that 90-day period on the ground that the defendant is temporarily prevented from appearing before the court because:

      (a) He is ill;

      (b) He is insane; or

      (c) He is being detained by civil or military authorities,

and the court, upon hearing the matter, determines that one or more of the grounds described in this subsection exist and that the surety did not in any way cause or aid the absence of the defendant. If the requirements of this subsection are met, the court may exclude from the 90-day period such time as it determines to be necessary and just. The court may include, as part of the total time excluded from the running of the 90 days, a reasonable period for the defendant’s return to the court upon termination of the temporary disability if it determines that the additional period is necessary.

      Sec. 3.  NRS 178.512 is hereby amended to read as follows:

      178.512  [The court may direct that a forfeiture be set aside, upon such conditions as the court may impose, if it appears that justice does not require the enforcement of the forfeiture.] The court shall not set aside a forfeiture unless:

      1.  The surety submits an application to set it aside on the ground that the defendant:

      (a) Has appeared before the court since the date of the forfeiture and has presented a satisfactory excuse for his absence;

      (b) Was dead before the date of the forfeiture but the surety did not know and could not reasonably have known of his death before that date;

      (c) Was unable to appear before the court before the date of the forfeiture because of his illness or his insanity, but the surety did not know and could not reasonably have known of his illness or insanity before that date; or

      (d) Was unable to appear before the court before the date of the forfeiture because he was being detained by civil or military authorities, but the surety did not know and could not reasonably have known of his detention before that date,

and the court, upon hearing the matter, determines that one or more of the grounds described in this subsection exist and that the surety did not in any way cause or aid the absence of the defendant; and


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ê1979 Statutes of Nevada, Page 1402 (Chapter 649, AB 808)ê

 

      2.  The court determines that justice does not require the enforcement of the forfeiture.

      Sec. 4.  NRS 178.516 is hereby amended to read as follows:

      178.516  After entry of such judgment, the court [may] shall not remit it in whole or in part [under] unless the conditions applying to the setting aside of forfeiture in NRS 178.512 [.] are met.

      Sec. 5.  NRS 697.100 is hereby amended to read as follows:

      697.100  1.  No license [shall] may be issued except in compliance with this chapter and none [shall] may be issued to a bail bondsman or bail solicitor except to [an individual.] a natural person.

      2.  [A firm or corporation shall be licensed only as a general agent.] A corporation may be licensed as a bail agent if ownership and control of the corporation is retained by one or more licensed agents.

      3.  This section [shall] does not prohibit two or more licensed bail bondsmen [to enter] from entering into a partnership for the conduct of their bail business. No person [shall] may be a member of a partnership unless he is licensed pursuant to this chapter in the same capacity as all other members of the partnership. Limited partnerships are prohibited and no person may have any proprietary interest directly or indirectly in [such] a partnership or the conduct of business thereunder except licensed bail bondsmen as provided in this chapter.

      Sec. 6.  NRS 697.240 is hereby amended to read as follows:

      697.240  1.  Each insurer appointing a bail agent shall file with the commissioner a written appointment and pay the appointment fee as specified in NRS 697.140 (fee schedule).

      2.  Subject to annual continuation by the insurer as provided in subsection 3, each appointment [shall remain] remains in effect until the bail agent’s license is revoked or otherwise terminated, or there is an earlier termination of the appointment.

      3.  As soon as reasonably possible after commencement of each calendar year, the commissioner shall furnish to each authorized insurer an alphabetical list of the names of all bail agents of the insurer in this state then of record in the division. The insurer shall indicate on such list those bail agents whose appointments are not to be continued in effect, and on or before April 30 of the same year return the list to the commissioner, together with the payment of the annual continuation of appointment fee in amounts as specified in NRS 697.140 (fee schedule) as to those appointments not being terminated. Any appointment not so continued and not otherwise expressly terminated shall be deemed to have expired on April 30.

      4.  No insurer may appoint a bail agent whose contingent liability exceeds an amount equal to 10 times his reserve account unless the appointment is first approved by the commissioner.

      Sec. 7.  NRS 697.350 is hereby amended to read as follows:

      697.350  1.  A property bondsman shall justify the sufficiency of his undertaking by attaching to each bail bond only United States currency, a United States postal money order, [or] a cashier’s check or other security acceptable to the court as security in the amount of such bond.


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ê1979 Statutes of Nevada, Page 1403 (Chapter 649, AB 808)ê

 

      2.  A bail agent shall justify his suretyship by attaching a copy of the power of attorney issued to him by the surety insurer to each bond.

      [3.  This section applies to bail bondsmen notwithstanding any other provision of law.]

 

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CHAPTER 650, AB 268

Assembly Bill No. 268–Committee on Taxation

CHAPTER 650

AN ACT relating to public revenue; allocating the entire proceeds of the real property transfer tax and county gaming license fees to local governments; imposing a liability upon county recorders; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 375.070 is hereby amended to read as follows:

      375.070  1.  The county recorder shall transmit the proceeds of the real property transfer tax at the end of each quarter [as follows:

      1.  Seventy-five percent of such proceeds to the state treasurer, who shall deposit them in the general fund in the state treasury; and

      2.  Twenty-five percent of such proceeds to the county treasurer of the county in which the transfer is recorded, who shall deposit them in the general fund in the county treasury.] to the county treasurer, who shall in Carson City, and in any county where there are no incorporated cities, deposit them all in the general fund, and in other counties deposit 25 percent of them in the general fund and apportion the remainder as follows:

      (a) If there is one incorporated city in the county, between that city and the county general fund in proportion to the respective populations of the city and the unincorporated area of the county.

      (b) If there are two or more cities in the county, among the cities in proportion to their respective populations.

      2.  If there is any incorporated city in a county, the county recorder shall charge each city a fee equal to 2 percent of the real property transfer tax which is transferred to that city.

      Sec. 2.  NRS 375.100 is hereby amended to read as follows:

      375.100  1.  The county recorder shall refuse to record any deed or conveyance upon which a tax is imposed by this chapter when such tax has not been paid, except as provided in subsection 3 of NRS 375.030.

      2.  A county recorder is [not] responsible for the failure of an escrow holder subsequently to pay the tax pursuant to subsection 3 of NRS 375.030.

      Sec. 3.  NRS 463.320 is hereby amended to read as follows:

      463.320  1.  All gaming license fees imposed by the provisions of NRS 463.370, 463.373, 463.375, 463.380 [, 463.383 and 463.390 shall] and 463.383 must be collected and disposed of as provided in this section.


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ê1979 Statutes of Nevada, Page 1404 (Chapter 650, AB 268)ê

 

      2.  All state gaming license fees and penalties [shall] must be collected by the commission and paid over immediately to the state treasurer to be disposed of as follows:

      (a) All state gaming license fees and penalties other than the license fees imposed by the provisions of NRS 463.380 [shall] must be deposited for credit to the state general fund,

      (b) All state gaming license fees imposed by the provisions of NRS 463.380 [shall,] must, after deduction of costs of administration and collection, be divided equally among the various counties and transmitted to the respective county treasurers. Such fees, except as otherwise provided [herein, shall] in this section, must be deposited by the county treasurer in the county general fund and [shall] be expended for county purposes. If the board of county commissioners desires to apportion and allocate all or a portion of such fees to one or more incorporated or unincorporated cities or towns within the county, the board of county commissioners shall, annually, [prior to] before the preparation of the city or town budget or budgets as required by chapter 354 of NRS, adopt a resolution so apportioning and allocating a percentage of such fees anticipated to be received during the coming fiscal year to such city or cities or town or towns for the next fiscal year commencing July 1. After the adoption of the resolution the percentage so apportioned and allocated [shall] must be converted to a dollar figure and included in city or town budget or budgets as an estimated receipt for the next fiscal year. Quarterly upon receipt of the [moneys] money from the state, the county treasurer shall deposit an amount of money equal to the percentage so apportioned and allocated to the credit of the city or town fund to be used for city or town purposes, and the balance remaining [shall] must be deposited in the county general fund and shall be expended for county purposes.

      [3.  (a) County license fees shall be collected by the sheriff if there is no county license department or by that department and no license money paid to the sheriff or county license department may be refunded, whether the slot machine, game or device for which such license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason.

      (b) The sheriff in his county or the county license department shall demand that all persons required to procure county licenses in accordance with this chapter take out and pay for the same, and the sheriff if there is no county license department is liable on his official bond for all moneys due for such license remaining uncollected by reason of his negligence.

      (c) On or before the 5th day of each month the sheriff of a county which has no county license department shall pay over to the county treasurer all moneys received by him for licenses and take from the county treasurer a receipt therefor, and he shall immediately on the same day return to the county auditor all licenses not issued or disposed of by him as is by law provided in respect to other county licenses.

      (d) In a county which has a county license department, all money received for county gaming licenses must be paid over to the county treasurer at the time and in the manner prescribed by county ordinance.


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ê1979 Statutes of Nevada, Page 1405 (Chapter 650, AB 268)ê

 

      (e) All moneys received for county gaming licenses under this chapter shall be paid: 25 percent to the state treasurer for credit to the general fund of the state, and 75 percent shall be retained by the county treasurer for credit to the county general fund, except:

             (1) Where the license is collected within the boundaries of any incorporated city or town, the county shall retain 25 percent of such moneys, and the incorporated city or town shall receive 50 percent of such moneys, which shall be paid into the general fund of such incorporated city or town.

             (2) Where the license is collected within the boundaries of any unincorporated city or town that is under the control of the board of county commissioners under and by virtue of chapter 269 of NRS, the county shall retain 25 percent of such moneys, and 50 percent of such moneys so collected shall be placed in the town government fund for general use and benefit of such unincorporated city or town.]

      Sec. 4.  NRS 463.390 is hereby amended to read as follows:

      463.390  1.  Any person, firm, association or corporation desiring to conduct, operate or carry on any gambling game, slot machine or any game of chance [may,] must, upon proper application to the sheriff if there is no county license department or to that department of the county wherein it is proposed that [such] the slot machine, game or games be conducted or operated, be issued a license for each particular device or game or slot machine under the following conditions and regulations:

      (a) The person, firm, association or corporation so applying [for a license shall] must furnish a complete description of the particular room and premises in which the [licensee] applicant desires to carry on or conduct [such] the slot machine, device or game, together with the location of the building, its street number, if [such there be,] any, and any other information by which it may be definitely and readily located and recognized.

      (b) The [person, firm, association or corporation so applying for a license shall] applicant must state definitely the particular type of slot machine or the particular game or device which the [licensee] applicant desires to carry on or conduct in the room and premises, and [as so stated] the slot machine, game or device must be specifically described in and entered upon the license.

      (c) Card games, that it, stud and draw poker, bridge, whist, solo, and panguingui for money, [shall] must be licensed independently of other games mentioned in this section, regardless of locality or population, at the rate of $25 per table per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable 3 months in advance.

      (d) A license fee of $50 per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable for 3 months in advance, [shall] must be paid to the sheriff or county license department for each license issued for a game or device [license issued except those] except for slot machines and games as otherwise provided for [herein and except slot machines.] in this section. For each money slot machine the license fee [shall be] is $10 per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable for 3 months in advance.


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ê1979 Statutes of Nevada, Page 1406 (Chapter 650, AB 268)ê

 

[shall be] is $10 per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable for 3 months in advance. When a combination of units are operated by one handle, the license fee is [the sum of] $10 per month, payable at the time of the application prorated to the end of the calendar quarter during which the application is made, and thereafter payable for 3 months in advance, for each [and every] unit paying in identical denominations operated thereby.

      (e) The license entitles the holder [or holders, or his or their employee or employees, to carry on, conduct and] to carry on or operate the specific slot machine, game or device for which the license is issued in the particular room and premises described therein, but not [for] any other slot machine, game or device than that specified therein, or the specified slot machine, game or device in any other place than the room and premises so described, for a period of 3 months next succeeding the date of issuance of the license.

      2.  The licensee is entitled to [carry on, conduct and] operate two or more slot machines, games or devices [,] in the same room [,] by paying the license fee [herein] provided for [,] in this section for each slot machine, game or device and otherwise complying with the terms of this section.

      Sec. 5.  Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The county license department, or the sheriff if there is no county license department, shall collect all county license fees, and no license money paid to the sheriff or county license department may be refunded, whether the slot machine, game or device for which such license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason. The sheriff in his county or the county license department shall demand that all persons required to procure county licenses in accordance with this chapter take out and pay for the licenses, and the sheriff if there is no county license department is liable on his official bond for all money due for such licenses remaining uncollected by reason of his negligence.

      2.  On or before the 5th day of each month the sheriff of a county which has no county license department shall pay over to the county treasurer all money received by him for licenses and take from the county treasurer a receipt therefor, and he shall immediately on the same day return to the county auditor all licenses not issued or disposed of by him as is provided by law with respect to other county licenses.

      3.  In a county which has a county license department, all money received for county gaming licenses must be paid over to the county treasurer at the time and in the manner prescribed by county ordinance.

      4.  All money received for county gaming licenses under this chapter must be retained by the county treasurer for credit to the county general fund, except:

      (a) Where the license is collected within the boundaries of any incorporated city or town, the county shall retain 25 percent of the money, and the incorporated city or town is entitled to 75 percent of the money, which must be paid into the general fund of the incorporated city or town.


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ê1979 Statutes of Nevada, Page 1407 (Chapter 650, AB 268)ê

 

      (b) Where the license is collected within the boundaries of any unincorporated city or town under the control of the board of county commissioners pursuant to chapter 269 of NRS, the county shall retain 25 percent of the money, and 75 percent of the money must be placed in the town government fund for general use and benefit of the unincorporated city or town.

      Sec. 6.  This act expires by limitation on June 30, 1981, if before that date:

      1.  The constitution of the State of Nevada is amended to limit the amount of general (ad valorem) taxes on real property to $1 for each $100 of full cash value, or to any lesser amount; or

      2.  The Sales and Use Tax Act of 1955 is not amended to exempt from the taxes imposed by that act the gross receipts from the sales and the storage, use or other consumption of food for human consumption.

 

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CHAPTER 651, AB 825

Assembly Bill No. 825–Committee on Government Affairs

CHAPTER 651

AN ACT relating to county hospitals; authorizing the boards of hospital trustees to offer certain assistance to physicians; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  NRS 450.250 is hereby amended to read as follows:

      450.250  1.  The board of hospital trustees [shall] have the exclusive control of:

      (a) The expenditures of all [moneys] money collected to the credit of the hospital fund.

      (b) The purchase of the site or sites.

      (c) The purchase or construction of any hospital building or buildings.

      (d) The supervision, care and custody of the grounds, rooms or buildings purchased, constructed, leased or set apart for that purpose.

      2.  With the approval of the board of county commissioners, the board of hospital trustees may lease buildings for medical purposes or for purposes of related health care activities.

      3.  All [moneys] money received for the hospital [shall] must be deposited in the county treasury of the county in which the hospital is situated to the credit of the hospital fund, and paid out only upon warrants drawn by the board of hospital trustees of the county or counties upon properly authenticated vouchers of the board of hospital trustees, after their approval [of the same] by the county auditor, except as provided in subsection [3.] 4.

      [3.]4.  All [moneys] money received for a hospital which is located in a county having a population of less than 20,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, may be deposited in a separate account established and administered by the board of hospital trustees under the provisions of NRS 354.603.


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ê1979 Statutes of Nevada, Page 1408 (Chapter 651, AB 825)ê

 

last preceding national census of the Bureau of the Census of the United States Department of Commerce, may be deposited in a separate account established and administered by the board of hospital trustees under the provisions of NRS 354.603.

      Sec. 2.  Section 107 of Senate Bill No. 72 of the 60th session of the Nevada legislature is hereby amended to read as follows:

 

       450.250  1.  The board of hospital trustees have the exclusive control of:

       (a) The expenditures of all money collected to the credit of the hospital fund.

       (b) The purchase of the site or sites.

       (c) The purchase or construction of any hospital building or buildings.

       (d) The supervision, care and custody of the grounds, rooms or buildings purchased, constructed, leased or set apart for that purpose.

       2.  With the approval of the board of county commissioners, the board of hospital trustees may lease buildings for medical purposes or for purposes of related health care activities.

       3.  All money received for the hospital must be deposited in the county treasury of the county in which the hospital is situated to the credit of the hospital fund, and paid out only upon warrants drawn by the board of hospital trustees of the county or counties upon properly authenticated vouchers of the board of hospital trustees, after their approval by the county auditor, except as provided in subsection 4.

       4.  All money received for a hospital which is located in a county having a population of less than 20,000 [, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] may be deposited in a separate account established and administered by the board of hospital trustees under the provisions of NRS 354.603.

 

      Sec. 3.  NRS 450.440 is hereby amended to read as follows:

      450.440  1.  The board of hospital trustees shall organize a staff of physicians composed of every regular practicing physician in the county in which the hospital is located who requests staff membership and meets the standards fixed by the rules and regulations laid down by the board of hospital trustees.

      2.  The staff shall organize in a manner prescribed by the board so that there shall be a rotation of service among the members of the staff to give proper medical and surgical attention and service to the indigent sick, injured or maimed who may be admitted to the hospital for treatment.

      3.  No member of the staff nor any other physician who attends an indigent patient shall receive any compensation for his services except as otherwise provided in NRS 450.180 or to the extent that medical care is paid for by any governmental authority or any private medical care program.


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ê1979 Statutes of Nevada, Page 1409 (Chapter 651, AB 825)ê

 

      4.  The board of hospital trustees or the board of county commissioners may offer the following assistance to members of the staff in order to attract and retain them:

      (a) Establishment of clinic or group practice;

      (b) Malpractice insurance coverage under the hospital’s policy of professional liability insurance;

      (c) Professional fee billing; and

      (d) The opportunity to rent office space in facilities owned or operated by the hospital, as the space is available, if this opportunity is offered to all members of the staff on the same terms and conditions.

      Sec. 4.  Section 3 of chapter 95, Statutes of Nevada 1979, at page 150, is hereby amended to read as follows:

 

       Sec. 3.  NRS 450.440 is hereby amended to read as follows:

       450.440  1.  The board of hospital trustees shall organize a staff of physicians composed of every regular practicing physician and dentist in the county in which the hospital is located who requests staff membership and meets the standards fixed by the [rules and] regulations laid down by the board of hospital trustees.

       2.  The staff shall organize in a manner prescribed by the board so that there [shall be] is a rotation of service among the members of the staff to give proper medical and surgical attention and service to the indigent sick, injured or maimed who may be admitted to the hospital for treatment.

       3.  No member of the staff nor any other physician who attends an indigent patient [shall] may receive any compensation for his services except as otherwise provided in NRS 450.180 or to the extent that medical care is paid for by any governmental authority or any private medical care program.

       4.  The board of hospital trustees or the board of county commissioners may offer the following assistance to members of the staff in order to attract and retain them:

       (a) Establishment of clinic or group practice;

       (b) Malpractice insurance coverage under the hospital’s policy of professional liability insurance;

       (c) Professional fee billing; and

       (d) Free or reduced rent for office space in facilities owned or operated by the hospital, as the space is available, if this assistance is offered to all members of the staff on the same terms and conditions.

 

      Sec. 5.  This act shall become effective upon passage and approval.

 

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ê1979 Statutes of Nevada, Page 1410ê

 

CHAPTER 652, AB 848

Assembly Bill No. 848–Assemblymen Mello, May, Dini, Bremner, Vergiels, Harmon, Cavnar, Wagner, Rhoads, Horn, Mann, Glover, Sena, Weise, Price, Westall, Jeffrey, Barengo, Rusk, Malone, Hickey, Robinson, Marvel, Polish, Coulter, Banner and Hayes

CHAPTER 652

AN ACT establishing a committee to study the feasibility of establishing a program for continued professional development of teachers; making an appropriation; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  A committee consisting of the following persons or their designees is hereby created:

      1.  The deans of the two colleges of education in the University of Nevada System;

      2.  Four representatives appointed by the Nevada State Education Association;

      3.  A representative of the Nevada State School Board Association;

      4.  A representative of the Nevada Association of School Administrators;

      5.  A representative of the Nevada State School Superintendents’ Association;

      6.  A representative of the state board of education;

      7.  A representative of the state department of education;

      8.  A member of the senate standing committee on human resources and facilities, appointed by the majority leader of the senate; and

      9.  A member of the assembly standing committee on education, appointed by the speaker of the assembly.

      Sec. 2.  1.  The committee shall study the feasibility of establishing a program for continued professional development of teachers, which would consist of:

      (a) A postbaccalaureate internship in the public schools for teachers during their first year of teaching; and

      (b) A statewide program of continuing education designed to maintain the competency of teachers in the public schools.

      2.  The committee shall also review chapter 391 of NRS to determine what changes, if any, would be required if such a program were to be established.

      Sec. 3.  The committee shall elect a chairman from among its members.

      Sec. 4.  The committee shall meet at such times and places as may be specified by the chairman or a majority of the members of the committee.

      Sec. 5.  1.  Each member of the committee who is a legislator is entitled to receive as compensation $40 for each day in which he is engaged in the business of the committee.

      2.  Each member of the committee is entitled to receive travel expenses and subsistence allowances, as provided by law for state officers and employees, when he is engaged in the business of the committee.


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ê1979 Statutes of Nevada, Page 1411 (Chapter 652, AB 848)ê

 

expenses and subsistence allowances, as provided by law for state officers and employees, when he is engaged in the business of the committee.

      Sec. 6.  The committee shall prepare a report stating its findings and making recommendations based upon its study and shall submit its report to the legislative commission for its consideration not later than December 30, 1980.

      Sec. 7.  1.  There is hereby appropriated from the state general fund to the committee created pursuant to section 1 of this act the sum of $3,000 to pay the necessary costs and expenses of the committee in carrying out its duties.

      2.  After December 30, 1980, the unencumbered balance of the appropriation made in subsection 1 must not be encumbered and any such balance reverts to the state general fund.

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

 

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CHAPTER 653, AB 849

Assembly Bill No. 849–Committee on Ways and Means

CHAPTER 653

AN ACT relating to public schools; apportioning the state distributive school fund for the biennium 1979-1981; making an appropriation; authorizing certain expenditures; and providing other matters properly relating thereto.

 

[Approved June 2, 1979]

 

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

 

      Section 1.  The basic support guarantee per pupil for the respective school districts of the state for the fiscal year shown is:

 

                                                                                              1979-80                   1980-81

Carson City School District..........................................    $1,227                   $1,305

Churchill County School District................................       1,237                      1,315

Clark County School District.......................................       1,232                      1,309

Douglas County School District..................................       1,190                      1,268

Elko County School District........................................       1,333                      1,419

Esmeralda County School District.............................       2,299                      2,456

Eureka County School District....................................       2,576                      2,755

Humboldt County School District..............................       1,363                      1,451

Lander County School District....................................       1,314                      1,399

Lincoln County School District...................................       1,708                      1,810

Lyon County School District.......................................       1,361                      1,444

Mineral County School District...................................       1,344                      1,426

Nye County School District.........................................       1,539                      1,640

Pershing County School District..................................       1,241                      1,322

Storey County School District.....................................       1,777                      1,890

Washoe County School District..................................       1,230                      1,309

White Pine County School District.............................       1,542                      1,637


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ê1979 Statutes of Nevada, Page 1412 (Chapter 653, AB 849)ê

 

      Sec. 2.  1.  The basic support guarantee for each special education program unit maintained and operated for at least 9 months of a school year is $18,000 except as limited by NRS 387.122 and subsection 2 of this section.

      2.  The maximum number and amount of basic support for special education program units within each of the several school districts in the state before any reallocation, pursuant to NRS 387.122 are:

 

 


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

ê1979 Statutes of Nevada, Page 1413 (Chapter 653, AB 849)ê

 

 

 

 

1979-80

1980-81

 

Units

Amount

Units

Amount

Carson City School District......................................................................................................................

               27

       $486,000

               29

       $522,000

Churchill County School District.............................................................................................................

               13

         234,000

               14

         252,000

Clark County School District...................................................................................................................

            398

      7,164,000

            421

      7,578,000

Douglas County School District...............................................................................................................

               15

         270,000

               16

         288,000

Elko County School District.....................................................................................................................

               18

         324,000

               19

         342,000

Esmeralda County School District..........................................................................................................

                 2

           36,000

                 2

           36,000

Eureka County School District................................................................................................................

                 2

           36,000

                 2

           36,000

Humboldt County School District...........................................................................................................

                 9

         162,000

               10

         180,000

Lander County School District................................................................................................................

                 4

           72,000

                 5

           90,000

Lincoln County School District................................................................................................................

                 6

         108,000

                 6

         108,000

Lyon County School District....................................................................................................................

               11

         198,000

               12

         216,000

Mineral County School District...............................................................................................................

                 6

         108,000

                 7

         126,000

Nye County School District......................................................................................................................

                 9

         162,000

               10

         180,000

Pershing County School District..............................................................................................................

                 3

           54,000

                 3

           54,000

Storey County School District..................................................................................................................

                 2

           36,000

                 2

           36,000

Washoe County School District...............................................................................................................

            147

      2,646,000

            155

      2,790,000

White Pine County School District..........................................................................................................

               10

         180,000

               10

         180,000

 

     ______

__________

     ______

__________

Sub-Total.....................................................................................................................................................

            682

$12,276,000

            723

$13,014,000

Reserved by State Board of Education.................................................................................................

                 8

         144,000

                 7

         126,000

 

     ______

__________

     ______

__________

Total...................................................................................................................................................................

            690

$12,420,000

            730

$13,140,000

 

 


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

ê1979 Statutes of Nevada, Page 1414 (Chapter 653, AB 849)ê

 

      3.  The state board of education shall reserve 8 special education program units for fiscal year 1979-80, and 7 special education units for fiscal year 1980-81, to be allocated to school districts by the state board of education to meet additional needs that cannot be met by the allocations provided in subsection 2 for that fiscal year. These needs must be evaluated by the department of education.

      Sec. 3.  1.  There is hereby appropriated from the state general fund to the state distributive school fund for the fiscal year beginning July 1, 1979, and ending June 30, 1980, the sum of $73,844,076.

      2.  There is hereby appropriated from the state general fund to the state distributive school fund for the fiscal year beginning July 1, 1980, and ending June 30, 1981, the sum of $72,728,008.

      3.  The money appropriated by subsections 1 and 2 shall be:

      (a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and

      (b) Work-programmed for the 2 separate fiscal years, 1979-80 and 1980-81, 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.

      4.  Transfers to and from 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.

      5.  Notwithstanding any other provisions of this act, the money appropriated by subsections 1 and 2 is available for both fiscal years, 1979-80 and 1980-81, 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.

      6.  After June 30, 1980, any unexpected balance of the appropriation made by subsection 1 for the fiscal year 1979-80 must be transferred to and added to the money appropriated by subsection 2 and may be expended during fiscal year 1980-81, subject to the provisions of subsection 3.

      7.  After June 30, 1981, any unexpended balance of the appropriation made by subsection 2 for the fiscal year 1980-81 together with any money transferred pursuant to subsection 6 must not be encumbered and reverts to the state general fund.

      Sec. 4.  1.  Expenditure of $20,557,000 by the state department of education from the state distributive school fund from money not appropriated from the state general fund is hereby authorized during the fiscal year beginning July 1, 1979, and ending June 30, 1980.

      2.  Expenditure of $22,524,149 by the state department of education from the state distributive school fund from money not appropriated from the state general fund is hereby authorized during the fiscal year beginning July 1, 1980, and ending June 30, 1981.

      3.  The following sums are hereby authorized for expenditure from the revenue sharing trust fund in the state treasury for the fiscal years beginning July 1, 1979, and ending June 30, 1980, and beginning July 1, 1980, and ending June 30, 1981:

                                                                                             1979-80                   1980-81

State distributive school fund................................. $5,900,000           $5,900,000

      4.  For accounting and reporting purposes the sums authorized for expenditure in subsections 1, 2 and 3 are considered to be expended before any general fund appropriation made to the state distributive school fund.


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

ê1979 Statutes of Nevada, Page 1415 (Chapter 653, AB 849)ê

 

expenditure in subsections 1, 2 and 3 are considered to be expended before any general fund appropriation made to the state distributive school fund.

      5.  The money authorized to be expended by the provisions of subsections 1, 2 and 3 must be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

      6.  The chief of the budget division of the department of administration may, with the approval of the governor, authorize the augmentation of the amounts authorized for expenditure by the state department of education, in subsections 1, 2 and 3, with amounts from any other state agency, from any agency of local government, from any agency of the Federal Government or from any other source which he determines is in excess of the amount taken into consideration by this act. The chief of the budget division of the department of administration shall reduce any authorization whenever he determines that money to be received will be less than the amount authorized in subsections 1, 2 and 3.

      Sec. 5.  The interim finance committee, after recommendation by the state board of examiners, may direct the state board of education to make additional distributions from the state distributive school fund to county school districts during the fiscal year 1980-81. These additional distributions, if any, must not exceed $3,115,791 or $21 times the total enrollment in the public schools of pupils and children described in paragraphs (a), (b), (c) and (d) of subsection 1 of NRS 387.123 on the last day of the first school month of the 1980-81 school year, whichever is less. These additional distributions apply solely to the local funds available to the school districts:

      1.  If the total amount of money accrued to the credit of county school districts pursuant to the Local School Support Tax Law during the period from April 1, 1979, to December 31, 1979, inclusive, exceeds 103.5 percent of the total amount of money accrued to the credit of county school districts pursuant to the Local School Support Tax Law during the period from April 1, 1978, to December 31, 1978, inclusive, additional distributions may be directed to be made within only one of the following limitations and subject to the further limitations of subsections 2 and 3:

      (a) If the 1979 taxes are at least 103.5 percent but less than 104 percent of the 1978 taxes, additional distributions may be as much as $4.10 per pupil, but not more than $608,321.

      (b) If the 1979 taxes are at least 104 percent but less than 104.5 percent of the 1978 taxes, additional distributions may be as much as $8.05 per pupil, but not more than $1,194,386.

      (c) If the 1979 taxes are at least 104.5 percent but less than 105 percent of the 1978 taxes, additional distributions may be as much as $12.00 per pupil, but not more than $1,780,452.

      (d) If the 1979 taxes are at least 105 percent but less than 105.5 percent of the 1978 taxes, additional distributions may be as much as $16.00 per pupil, but not more than $2,373,936.


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

ê1979 Statutes of Nevada, Page 1416 (Chapter 653, AB 849)ê

 

      (e) If the 1979 taxes are at least 105.5 percent but less than 106 percent of the 1978 taxes, additional distributions may be as much as $20.00 per pupil, but not more than $2,967,420.

      (f) If the 1979 taxes are greater than 106 percent of the 1978 taxes, additional distributions may be as much as $21.00 per pupil, but not more than $3,115,791.

      2.  Before directing the additional distributions authorized by this section, the interim finance committee shall determine that there is sufficient money in the state distributive school fund to permit the additional allocations. In making this determination, the committee shall review 1979-80 enrollment data, 1980-81 estimated enrollments, and the anticipated level of receipts in the state distributive school fund from revenue sharing and the slot machine tax credit. If the Federal Government acts to reduce or terminate revenue sharing, any increased receipts from the local school support tax must be considered as first replacing the loss of anticipated revenue from revenue sharing before being considered as available for any additional distribution.

      3.  If section 155 of chapter 286, Statutes of Nevada 1979, does not become effective on July 1, 1979, each of the percentages specified in subsection 1 is increased by 13 percent.

      Sec. 6.  1.  Any additional distributions made pursuant to section 5 of this act must be apportioned on a per-pupil basis in the same proportions per pupil as exist among the basic support guarantees per pupil expressed in section 1 of this act for 1980-81.

      2.  Any money received by a school district pursuant to section 5 of this act shall be deposited and used in accordance with the provisions of NRS 387.205.

 

________

 

 

CHAPTER 654, SB 48

Senate Bill No. 48–Senators Kosinski, Don Ashworth, Ford, Glaser, Hernstadt, Lamb, Raggio, Sloan and Wilson

CHAPTER 654

AN ACT relating to the property tax; increasing certain allowances to the elderly for payment of property taxes; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Sec. 1.  NRS 361.833 is hereby amended to read as follows:

      361.833  1.  A senior citizen whose home is placed upon the secured or unsecured tax roll, who has owned and maintained as his primary residence the home for at least 6 months immediately preceding the filing of his claim and whose household income is not over $11,000 is entitled to an allowance against the property tax accrued against his home to the extent determined by the percentage shown opposite his household income range on the schedule below:

 


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

ê1979 Statutes of Nevada, Page 1417 (Chapter 654, SB 48)ê

 

extent determined by the percentage shown opposite his household income range on the schedule below:

                                                                                                               PERCENT TAX

     INCOME RANGE                                                                        Percent of Claimant’s

      If the Amount of                                                                                 Property Tax

Applicant’s Household                                But Not                           Accrued Allowable

       Income is Over                                        Over                                as Assistance Is

               $0                        —            [$1,999]     $2,999                           90

    [$2,000]      3,000        —               [3,999]        4,999                           75

      [4,000]      5,000        —                 6,999                                             50

         7,000                        —                 9,999                                             25

       10,000                        —               11,000                                             10

 

      2.  The amount of the allowance [shall] must not exceed the amount of the accrued property tax paid by the claimant or [$300,] $500, whichever is less.

 

________

 

 

CHAPTER 655, SB 9

Senate Bill No. 9–Committee on Judiciary

CHAPTER 655

AN ACT relating to crimes and punishments; providing or increasing supplemental fines for certain felonies; simplifying the categories of fines for misdemeanors and gross misdemeanors; consolidating the respective statutes on perjury, public records and malicious mischief; revising certain other penalties; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  NRS 196.030 is hereby amended to read as follows:

      196.030  Every person having knowledge of the commission of treason, who conceals [the same,] such crime, and does not, as soon as may be, disclose such treason to the governor or a justice of the supreme court or a judge of the district court, [shall be] is guilty of misprision of treason and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 3 years [.] , and may be further punished by a fine of not more than $5,000.

      Sec. 2.  NRS 197.010 is hereby amended to read as follows:

      197.010  Every person who [shall give, offer or promise,] gives, offers or promises, directly or indirectly, any compensation, gratuity or reward to any executive or administrative officer of the state, with intent to influence him with respect to any act, decision, vote, opinion or other proceeding, as such officer, 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 [$5,000.] $10,000.

      Sec. 3.  NRS 197.020 is hereby amended to read as follows:

      197.020  Every person who [shall give, offer or promise,] gives, offers or promises, directly or indirectly, any compensation, gratuity or reward to a person executing any of the functions of a public officer other than as specified in NRS 197.010, 199.010 and 218.590, with intent to influence him with respect to any act, decision, vote or other proceeding in the exercise of his powers or functions, 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 [$5,000.]


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

ê1979 Statutes of Nevada, Page 1418 (Chapter 655, SB 9)ê

 

offers or promises, directly or indirectly, any compensation, gratuity or reward to a person executing any of the functions of a public officer other than as specified in NRS 197.010, 199.010 and 218.590, with intent to influence him with respect to any act, decision, vote or other proceeding in the exercise of his powers or functions, 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 [$5,000.] $10,000.

      Sec. 4.  NRS 197.030 is hereby amended to read as follows:

      197.030  Every executive or administrative officer or person elected or appointed to an executive or administrative office who [shall ask or receive,] asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his vote, opinion or action upon any matter then pending, or which may by law be brought before him in his official capacity, shall be influenced thereby, 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 [$5,000.] $10,000.

      Sec. 5.  NRS 197.040 is hereby amended to read as follows:

      197.040  Every person who executes any of the functions of a public office not specified in NRS 197.030, 199.020 or 218.600, and every person employed by or acting for the state or for any public officer in the business of the state, who [shall ask or receive,] asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his vote, opinion, judgment, action, decision or other official proceeding shall be influenced thereby, or that he will do or omit any act or proceeding or in any way neglect or violate any official duty, 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 [$5,000.] $10,000.

      Sec. 6.  NRS 197.150 is hereby amended to read as follows:

      197.150  Every public officer, or person holding or discharging the duties of any public office or place of trust under the state or in any county, town or city, a part of whose duty is to audit, allow or pay, or take part in auditing, allowing or paying, claims or demands upon the state or such county, town or city, who [shall] knowingly [audit, allow or pay,] audits, allows or pays, or, directly or indirectly, [consent] consents to or in any way [connive] connives at the auditing, allowance or payment of any claim or demand against the state or such county, town or city, which is false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be punished:

      1.  Where the amount of such false or fraudulent charge, claim, item or demand is $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,] $10,000, or by both fine and imprisonment.

      2.  Where the amount of such fraudulent charge, claim, item or demand is less than $100, for a misdemeanor.

      Sec. 7.  NRS 197.170 is hereby amended to read as follows:

      197.170  Every public officer who [shall ask or receive, or agree] asks, receives or agrees to receive a fee or other compensation for his official service, either:

 


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

ê1979 Statutes of Nevada, Page 1419 (Chapter 655, SB 9)ê

 

asks, receives or agrees to receive a fee or other compensation for his official service, either:

      1.  In excess of the fee or compensation allowed to him by statute therefor; or

      2.  Where no fee or compensation is allowed to him by statute therefor,

commits extortion and shall be punished by imprisonment in the state prison for not less than 1 year or more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      Sec. 8.  NRS 197.210 is hereby amended to read as follows:

      197.210  Every officer who [shall] fraudulently [appropriate] appropriates to his own use or to the use of another person, or [secrete] secretes with intent to appropriate to such use, any money, evidence of debt or other property entrusted to him by virtue of his office, shall be punished:

      1.  Where the amount of such money or the actual value of such property fraudulently appropriated or secreted with intent to appropriate is $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,] $10,000, or by both fine and imprisonment.

      2.  Where the amount of such money or the actual value of such property fraudulently appropriated or secreted with intent to appropriate is less than $100, for a misdemeanor.

      Sec. 9.  NRS 199.010 is hereby amended to read as follows:

      199.010  Every person who [shall give, offer or promise,] gives, offers or promises, directly or indirectly, any compensation, gratuity or reward to a judicial officer, juror, referee, arbitrator, appraiser, assessor or other person authorized by law to hear or determine any question, matter, cause, proceeding or controversy, with intent to influence his action, vote, opinion or decision thereupon, 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 [$5,000.] $10,000.

      Sec. 10.  NRS 199.020 is hereby amended to read as follows:

      199.020  Every judicial officer who [shall ask or receive,] asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his vote, opinion, judgment, action, decision or other official proceeding shall be influenced thereby, or that he will do or omit any act or proceeding or in any way neglect or violate any official duty, 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 [$5,000.] $10,000.

      Sec. 11.  NRS 199.030 is hereby amended to read as follows:

      199.030  Every juror, referee, arbitrator, appraiser, assessor or other person authorized by law to hear or determine any question, matter, cause, controversy or proceeding, who [shall ask or receive,] asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his vote, opinion, action, judgment or decision shall be influenced thereby, 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 [$5,000.]


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

ê1979 Statutes of Nevada, Page 1420 (Chapter 655, SB 9)ê

 

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 [$5,000.] $10,000.

      Sec. 12.  NRS 199.100 is hereby amended to read as follows:

      199.100  1.  Every person who, [shall,] by force or fraud, [rescue] rescues from lawful custody, or from an officer or person having him in lawful custody, a prisoner held upon a charge, arrest, commitment, conviction or sentence for felony shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      2.  Every person who [shall rescue] rescues a prisoner held upon a charge, arrest, commitment, conviction or sentence for a gross misdemeanor or misdemeanor shall be punished:

      (a) Where a dangerous weapon is used in the course of the rescue, 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) Where no dangerous weapon is so used, for a misdemeanor.

      Sec. 13.  NRS 199.120 is hereby amended to read as follows:

      199.120  Every person having taken a lawful oath or made affirmative in a judicial proceeding or in any other matter where, by law, an oath or affirmation is required and no other penalty is prescribed, or who willfully and corruptly makes an unqualified statement of that which he does not know to be true, or who swears or affirms willfully, corruptly and falsely in a matter material to the issue or point in question, or who suborns any other person to make such unqualified statement or to swear or affirm in such manner is guilty of perjury or subornation of perjury, as the case may be, and [, upon conviction thereof,] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      Sec. 14.  NRS 199.130 is hereby amended to read as follows:

      199.130  1.  Every person who [shall make, execute or sign, or shall cause] makes, executes or signs, or causes to be made, executed or signed, any false or fictitious affidavit, complaint, deposition, or other instrument in writing before any officer or person authorized to administer oaths, for the purpose or with the intent of securing a warrant for the arrest of any other person or persons, or for the purpose of securing a warrant for the searching of the premises, goods, chattels or effects, or of seizing the goods, chattels or effects, or of seizing anything in the possession of any other persons, [shall be] is guilty of perjury.

      2.  Any person [convicted of a violation of] who commits any of the acts or offenses defined or set out in subsection 1 shall [, upon conviction thereof,] be punished by imprisonment in the state prison for a term of not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      Sec. 15.  NRS 199.140 is hereby amended to read as follows:

      199.140  1.  Any person who [shall make, execute or sign, or shall cause] makes, executes or signs, or causes to be made, executed or signed, any affidavit, complaint or other instrument, in writing, before any United States officer or person, or before any state officer or person, authorized to administer oaths, for the purpose or with the intent of securing a warrant for the arrest of any other person or persons, for the purpose of securing a warrant for the searching of the premises, goods, chattels or effects, or of seizing the goods, chattels or effects, or of seizing anything in the possession of any other person, and shall sign the same by any other name than his or her true name, [shall be] is guilty of perjury.


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

ê1979 Statutes of Nevada, Page 1421 (Chapter 655, SB 9)ê

 

any United States officer or person, or before any state officer or person, authorized to administer oaths, for the purpose or with the intent of securing a warrant for the arrest of any other person or persons, for the purpose of securing a warrant for the searching of the premises, goods, chattels or effects, or of seizing the goods, chattels or effects, or of seizing anything in the possession of any other person, and shall sign the same by any other name than his or her true name, [shall be] is guilty of perjury.

      2.  Any person [convicted of a violation of] who commits any of the acts or offenses defined or set out in subsection 1 shall [, upon conviction thereof,] be punished by imprisonment in the state prison for a term of not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      Sec. 16.  NRS 199.210 is hereby amended to read as follows:

      199.210  Every person who, upon any trial, hearing, inquiry, investigation or other proceeding authorized by law, [shall offer or procure] offers or procures to be offered in evidence, as genuine, any book, paper, document, record or other instrument in writing, knowing the same to have been forged or fraudulently altered, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      Sec. 17.  NRS 199.230 is hereby amended to read as follows:

      199.230  Every person who [shall willfully prevent or attempt] willfully prevents or attempts to prevent, by persuasion, threats or otherwise, any person from appearing before any court, or officer authorized to subpena witnesses, as a witness in any action, proceeding or investigation, with intent thereby to obstruct the course of justice, shall be punished:

      1.  Where physical force or the immediate threat of such force is used, by imprisonment in the state prison for not less than 1 year nor more than 6 years [.] , and may be further punished by a fine of not more than $5,000.

      2.  Where no physical force or immediate threat of such force is used, for a gross misdemeanor.

      Sec. 18.  NRS 199.240 is hereby amended to read as follows:

      199.240  Every person who [shall give, offer or promise,] gives, offers or promises directly or indirectly any compensation, gratuity or reward to any witness or person who may be called as a witness, upon an agreement or understanding that the testimony of such witness shall be thereby influenced, or who [shall] willfully [attempt] attempts by any other means to induce any witness or person who may be called as a witness to give false testimony, or to withhold true testimony, 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 [$5,000.] $10,000.

      Sec. 19.  NRS 199.250 is hereby amended to read as follows:

      199.250  Every person who is or may be a witness upon a trial, hearing, investigation or other proceeding before any court, tribunal or officer authorized to hear evidence or take testimony, who [shall ask or receive,] asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his testimony shall be influenced thereby, or that he will absent himself from the trial, hearing or other proceeding, 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 [$5,000.]


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

ê1979 Statutes of Nevada, Page 1422 (Chapter 655, SB 9)ê

 

receive,] asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his testimony shall be influenced thereby, or that he will absent himself from the trial, hearing or other proceeding, 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 [$5,000.] $10,000.

      Sec. 20.  NRS 199.280 is hereby amended to read as follows:

      199.280  Every person who, in any case or under any circumstances not otherwise specially provided for, [shall willfully resist, delay or obstruct] willfully resists, delays or obstructs a public officer in discharging or attempting to discharge any legal duty of his office shall be punished:

      1.  Where a dangerous weapon is used in the course of such resistance, obstruction or delay, by imprisonment in the state prison for not less than 1 year nor more than 6 years [.] , and may be further punished by a fine of not more than $5,000.

      2.  Where no dangerous weapon is used in the course of such resistance, obstruction or delay, for a misdemeanor.

      Sec. 21.  NRS 199.290 is hereby amended to read as follows:

      199.290  1.  Every person who [shall ask or receive,] asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement of understanding that he will compound or conceal a crime or violation of a statute, or abstain from testifying thereto, delay a prosecution therefor or withhold any evidence thereof, except in a case where a compromise is allowed by law, shall be punished:

      (a) 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, where the agreement or understanding relates to a felony.

      (b) For a gross misdemeanor, where the agreement or understanding relates to a gross misdemeanor or misdemeanor, or to a violation of statute for which a pecuniary penalty or forfeiture is prescribed.

      2.  In any proceeding against a person for compounding a crime, it [shall] is not [be] necessary to prove that any person has been convicted of the crime or violation of statute in relation to which an agreement or understanding herein prohibited was made.

      Sec. 22.  NRS 199.300 is hereby amended to read as follows:

      199.300  Every person who, [shall,] directly or indirectly, [address] addresses any threat or intimidation to a public officer or to a juror, referee, arbitrator, appraiser or assessor, or to any other person authorized by law to hear or determine any controversy or matter, with intent to induce him, contrary to his duty to do or make or to omit or delay any act, decision or determination, shall be punished:

      1.  Where physical force or the immediate threat of such force is used in the course of such intimidation or in the making of such threat, by imprisonment in the state prison for not less than 1 year nor more than 6 years [.] and may be further punished by a fine of not more than $5,000.

      2.  Where no physical force or immediate threat of such force is used in the course of such intimidation or in the making of such threat, for a gross misdemeanor.


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ê1979 Statutes of Nevada, Page 1423 (Chapter 655, SB 9)ê

 

used in the course of such intimidation or in the making of such threat, for a gross misdemeanor.

      Sec. 23.  NRS 199.310 is hereby amended to read as follows:

      199.310  Every person who, [shall,] maliciously and without probable cause therefor, [cause or attempt] causes or attempts to cause another to be arrested or proceeded against for any crime of which he is innocent:

      1.  If such crime be a felony, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years [; and] , and may be further punished by a fine of not more than $5,000; and

      2.  If such crime be a gross misdemeanor or misdemeanor, shall be guilty of a misdemeanor.

      Sec. 24.  NRS 199.335 is hereby amended to read as follows:

      199.335  Every person who has been admitted to bail, whether provided by deposit, surety or upon his own recognizance, and has not been recommitted to custody who fails to appear at the time and place required by the order admitting him to bail or any modification thereof, unless he surrenders himself within 30 days or is excused by the court, [is guilty of:

      1.  A felony,] shall be punished:

      1.  By imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment, if admitted incident to prosecution for a felony.

      2.  [A] For a misdemeanor, if admitted incident to prosecution for a misdemeanor or gross misdemeanor.

      Sec. 25.  NRS 199.360 is hereby amended to read as follows:

      199.360  Every person who [shall] fraudulently or falsely [pretend] pretends that any infant child was born of a parent whose child is or would be entitled to inherit real property or to receive any personal property, or who [shall] falsely [represent] represents himself or another to be a person entitled to an interest or share in the estate of a deceased person as executor, administrator, husband, wife, heir, legatee, devisee, next of kin or relative of [such] the deceased person, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      Sec. 26.  NRS 199.370 is hereby amended to read as follows:

      199.370  Every person to whom a child has been confided for nursing, education or any other purpose, who, with intent to deceive a person, guardian or relative of such child, [shall substitute or produce to such] substitutes or produces to the parent, guardian or relative another child or person in the place of the child so confided, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      Sec. 27.  NRS 199.460 is hereby amended to read as follows:

      199.460  1.  [No] An officer or person having custody and control of the body or liberty of any person under arrest shall not refuse permission to [such] the arrested person to communicate at reasonable times and intervals with his friends or with an attorney, [nor] or subject any person under arrest to any form of personal violence, intimidation, indignity or threats for the purpose of extorting from [such] that person incriminating statements or a confession.


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ê1979 Statutes of Nevada, Page 1424 (Chapter 655, SB 9)ê

 

times and intervals with his friends or with an attorney, [nor] or subject any person under arrest to any form of personal violence, intimidation, indignity or threats for the purpose of extorting from [such] that person incriminating statements or a confession.

      2.  Any person violating the provisions of this section shall be punished:

      (a) Where physical force or the immediate threat of such force is used in the course of extorting such statements or confession, or where substantial bodily harm to the arrested person results from such violence, intimidation or indignity, 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) Where no physical force or immediate threat of such force is used in the course of extorting such statements or confession, or where no substantial bodily harm results to the arrested person from such violence, intimidation or indignity, for a gross misdemeanor.

      (c) Where the only offense is to refuse permission to such arrested person to communicate with his friends or with an attorney, for a misdemeanor.

      Sec. 28.  NRS 199.480 is hereby amended to read as follows:

      199.480  1.  Whenever two or more persons conspire to commit murder, robbery, sexual assault, kidnaping in the first or second degree, or arson in the first or second degree, each person shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years [.] , and may be further punished by a fine of not more than $5,000.

      2.  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 proceedings;

      (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 of 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,

each person is guilty of a gross misdemeanor.

      Sec. 29.  NRS 200.080 is hereby amended to read as follows:

      200.080  Every person convicted of the crime of voluntary manslaughter shall be punished by imprisonment in the state prison for a term [not exceeding] of not less than 1 year nor more than 10 years [.]


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ê1979 Statutes of Nevada, Page 1425 (Chapter 655, SB 9)ê

 

term [not exceeding] of not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      Sec. 30.  NRS 200.210 is hereby amended to read as follows:

      200.210  Any person who willfully kills an unborn quick child, by any injury committed upon the mother of such child, commits manslaughter and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      Sec. 31.  NRS 200.220 is hereby amended to read as follows:

      200.220  Every woman who [shall take or use, or submit] takes or uses, or submits to the use of, any drug, medicine or substance, or any instrument or other means, with intent to terminate her pregnancy after the 24th week of pregnancy, unless the same is performed upon herself upon the advice of a physician acting pursuant to the provisions of NRS 442.250, and thereby causes the death of the child of such pregnancy, commits manslaughter and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      Sec. 32.  NRS 200.230 is hereby amended to read as follows:

      200.230  Every person navigating a vessel for gain who [shall] willfully or negligently [receive] receives so many passengers or such a quantity of other lading on board that by means thereof [such vessel shall sink, be] the vessel sinks, is overset or injured, and thereby a human being [shall be] is drowned or otherwise killed, commits manslaughter and shall be punished:

      1.  If the overloading is negligent, by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.

      2.  If the overloading is willful, by imprisonment in the state prison for not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      Sec. 33.  NRS 200.280 is hereby amended to read as follows:

      200.280  [1.] Mayhem consists of unlawfully depriving a human being of a member of his body, or disfiguring or rendering it useless. If any person [shall cut out or disable] cuts out or disables the tongue, [put] puts out an eye, [slit] slits the nose, ear or lip, or [disable] disables any limb or member of another, or [shall] voluntarily, or of purpose, [put] puts out an eye or eyes, [every such person shall be] that person is guilty of mayhem [.

      2.  The crime of mayhem shall be punishable] , and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      Sec. 33.5.  NRS 200.330 is hereby amended to read as follows:

      200.330  Every person convicted of kidnaping in the second degree shall be imprisoned 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 $15,000.


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ê1979 Statutes of Nevada, Page 1426 (Chapter 655, SB 9)ê

 

      Sec. 34.  NRS 200.368 is hereby amended to read as follows:

      200.368  A person who commits statutory sexual seduction shall be punished:

      1.  If he is 21 years of age or older, by imprisonment in the state prison for not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      2.  If he is under the age of 21 years, for a gross misdemeanor.

      Sec. 35.  NRS 200.400 is hereby amended to read as follows:

      200.400  1.  As used in this section, except in the term “sexual assault”:

      (a) “Assault” means an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

      (b) “Battery” means any willful and unlawful use of force or violence upon the person of another.

      2.  Any person convicted of assault for an offer or threat to kill, commit sexual assault, mayhem, robbery or grand larceny shall be punished for a gross misdemeanor.

      3.  Any person convicted of battery with intent to kill, commit sexual assault, mayhem, robbery or grand larceny shall be punished by imprisonment in the state prison for not less than 2 years nor more than 10 years, and may be further punished by a fine of not more than $10,000, except that if a battery with intent to commit a sexual assault is committed, and if the crime results in substantial bodily harm to the victim, the person convicted shall be punished by imprisonment in the state prison for life, with or without the possibility of parole, as determined by the verdict of the jury, or the judgment of the court if there is no jury.

      4.  If the penalty is fixed at life imprisonment with the possibility of parole, eligibility for parole begins when a minimum of 10 years has been served.

      Sec. 36.  NRS 200.430 is hereby amended to read as follows:

      200.430  Any [and every] person who [shall be] is present at the time of fighting any duel with deadly weapons, [either] as second, aid, surgeon or spectator, or who [shall advise or give] advises or gives assistance to such a duel, [shall be] is a competent witness against any person offending against any of the provisions of NRS 200.410 [or 200.420,] and may be compelled to appear and give evidence before any justice of the peace, grand jury or court, in the same manner as other witnesses; but the testimony so given [shall] may not be used in any prosecution or proceeding, civil or criminal, against the person so testifying.

      Sec. 37.  NRS 200.450 is hereby amended to read as follows:

      200.450  1.  If any person or persons, upon previous concert and agreement, fight one with the other or give or send, or authorize any other person to give or send, a challenge verbally or in writing, to fight any other person, the person or persons giving, sending or accepting a challenge to fight any other person [, upon conviction thereof] shall be punished:

      (a) If the fight does not involve the use of a deadly weapon, for a gross misdemeanor; or

      (b) If the fight involves the use of a deadly weapon, by imprisonment in the state prison not less than 1 year nor more than 6 years [.]


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ê1979 Statutes of Nevada, Page 1427 (Chapter 655, SB 9)ê

 

in the state prison not less than 1 year nor more than 6 years [.] , and may be further punished by a fine of not more than $5,000.

      2.  Every person who acts for another in giving, sending, or accepting, either verbally or in writing, a challenge to fight any other person [, upon conviction thereof, they, or either or any of them,] shall be punished:

      (a) If the fight does not involve the use of a deadly weapon, for a gross misdemeanor; or

      (b) If the fight involves the use of a deadly weapon, by imprisonment in the state prison not less than 1 year nor more than 6 years [.] , and may be further punished by a fine of not more than $5,000.

      3.  Should death ensue to any person in such fight, or should any person die from any injuries received in such fight within a year and a day, the person or persons causing or having any agency in causing such death, either by fighting or by giving or sending for himself or for any other person, or in receiving for himself or for any other person, such challenge to fight, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      Sec. 38.  NRS 200.481 is hereby amended to read as follows:

      200.481  1.  As used in this section:

      (a) “Battery” means any willful and unlawful use of force or violence upon the person of another:

      (b) “Child” means a person less than 18 years of age.

      (c) “Officer” means:

             (1) A peace officer as defined in NRS 169.125;

             (2) A person employed in a full-time salaried occupation of firefighting for the benefit or safety of the public; or

             (3) A member of a volunteer fire department.

      2.  Any person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:

      (a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, for a misdemeanor.

      (b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim [does result,] results, for a gross misdemeanor.

      (c) If the battery is committed upon an officer and:

             (1) The officer was performing his duty;

             (2) The officer suffers substantial bodily harm; and

             (3) The person charged knew or should have known that the victim was an officer, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (d) If the battery is committed with the use of a deadly weapon, by imprisonment in the state prison for not less than 2 years nor more than 10 years [.] and may be further punished by a fine of not more than $10,000.

      Sec. 39.  NRS 201.020 is hereby amended to read as follows:

      201.020  Any husband who, without just cause, deserts, willfully neglects or refuses to provide for the support and maintenance of his wife in destitute or necessitous circumstances; or any parent who without lawful excuse deserts or willfully neglects or refuses to provide for the support and maintenance of his or her legitimate or illegitimate minor child or children or any parent who without lawful excuse deserts or willfully neglects or refuses to provide for the support and maintenance of his or her legitimate or illegitimate minor child or children who upon arriving at the age of majority are unable to provide themselves with support and maintenance due to infirmity, incompetency or other legal disability contracted prior to their reaching the age of majority, shall be punished:

 


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ê1979 Statutes of Nevada, Page 1428 (Chapter 655, SB 9)ê

 

neglects or refuses to provide for the support and maintenance of his wife in destitute or necessitous circumstances; or any parent who without lawful excuse deserts or willfully neglects or refuses to provide for the support and maintenance of his or her legitimate or illegitimate minor child or children or any parent who without lawful excuse deserts or willfully neglects or refuses to provide for the support and maintenance of his or her legitimate or illegitimate minor child or children who upon arriving at the age of majority are unable to provide themselves with support and maintenance due to infirmity, incompetency or other legal disability contracted prior to their reaching the age of majority, shall be punished:

      1.  If the conduct for which the defendant was convicted persisted for less than 6 months, for a misdemeanor or, if such conduct persisted for more than 6 months, for a gross misdemeanor or, if for more than 1 year as provided in subsection 2.

      2.  For any subsequent offense by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than [$1,000,] $5,000, or by both fine and imprisonment.

      Sec. 40.  NRS 201.120 is hereby amended to read as follows:

      201.120  Every person who: [shall:

      1.  Prescribe, supply or administer] 1.  Prescribes, supplies or administers to a woman, whether pregnant or not, or [advise or cause] advises or causes her to take any medicine, drug or substance; or

      2.  [Use, or cause] Uses or causes to be used, any instrument or other means,

to terminate a pregnancy, unless done pursuant to the provisions of NRS 442.250, or by a woman upon herself upon the advice of a physician acting pursuant to the provisions of NRS 442.250, [shall be] is guilty of abortion, and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      Sec. 41.  NRS 201.160 is hereby amended to read as follows:

      201.160  1.  Bigamy consists in the having of two wives or two husbands at one and the same time, knowing that the former husband or wife is still alive.

      2.  If any married person [or persons within this state being married, or who shall hereafter marry, do at any time marry] marries any other person [or persons,] while the former husband or wife [being] is alive, the person so offending shall [, on conviction thereof,] be punished by a fine [not exceeding $1,000,] of not more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.

      3.  It [shall] is not [be] necessary to prove either of the marriages by the register and certificate thereof, or other record evidence, but [the same] those marriages may be proved by such evidence as is admissible to prove a marriage in other cases; and when [such] the second marriage [shall have] has taken place without this state, cohabitation in this state after such second marriage [shall be deemed] constitutes the commission of the crime of bigamy.

      4.  [Nothing herein contained shall] This section does not extend:


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ê1979 Statutes of Nevada, Page 1429 (Chapter 655, SB 9)ê

 

      (a) To any person [or persons] whose husband or wife [shall have] has been continually absent from [such person or persons] that person for the space of 5 years together prior to the second marriage, [and] if he or she [not knowing] did not know such husband or wife to be living within that time.

      (b) To any person [that is or shall be,] who is, at the time of such second marriage, divorced by lawful authority from the bonds of such former marriage, or to any person where the former marriage has been by lawful authority declared void.

      Sec. 42.  NRS 201.170 is hereby amended to read as follows:

      201.170  If any [man or woman,] person, being unmarried, [shall knowingly marry] knowingly marries the husband or wife of another, [such man or woman] that person shall [, on conviction,] be punished by a fine of not more than [$1,000] $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.

      Sec. 43.  NRS 201.180 is hereby amended to read as follows:

      201.180  Persons being within the degree of consanguinity within which marriages are declared by law to be incestuous and void, who [shall] intermarry with each other, or who [shall] commit fornication or adultery with each other, shall [, upon conviction,] be punished by imprisonment in the state prison not less than 1 [nor exceeding] year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      Sec. 44.  (Deleted by amendment.)

      Sec. 45.  NRS 201.210 is hereby amended to read as follows:

      201.210  1.  Every person who commits any act of open or gross lewdness is guilty:

      (a) For the first offense, of a gross misdemeanor.

      (b) For any subsequent offense, of a felony, and [upon conviction] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years [.] , and may be further punished by a fine of not more than $5,000.

      2.  No person convicted of violating the provisions of subsection 1 of this section may be:

      (a) Paroled unless a board consisting of the administrator of the mental hygiene and mental retardation division of the department of human resources or his designee, the director of the department of prisons and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certifies that such person was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.

      (b) Released on probation unless a psychiatrist licensed to practice medicine in the State of Nevada certifies that such person is not a menace to the health, safety or morals of others.

      Sec. 46.  NRS 201.220 is hereby amended to read as follows:

      201.220  1.  Every person who makes any open and indecent or obscene exposure of his person, or of the person of another, is guilty:

      (a) For the first offense, of a gross misdemeanor.

      (b) For any subsequent offense, of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years [.]


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ê1979 Statutes of Nevada, Page 1430 (Chapter 655, SB 9)ê

 

shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years [.] , and may be further punished by a fine of not more than $5,000.

      2.  No person convicted of violating any of the provisions of subsection 1 of this section may be:

      (a) Paroled unless a board consisting of the administrator of the mental hygiene and mental retardation division of the department of human resources or his designee, the director of the department of prisons and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certifies that such person was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.

      (b) Released on probation unless a psychiatrist licensed to practice medicine in the State of Nevada certifies that such person is not a menace to the health, safety or morals of others.

      Sec. 47.  NRS 201.230 is hereby amended to read as follows:

      201.230  1.  Any person who willfully and lewdly commits any lewd or lascivious act, other than acts constituting the crime of sexual assault, 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 or passions or sexual desires of [such] that person or of [such] that child, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      2.  No person convicted of violating any of the provisions of subsection 1 of this section may be:

      (a) Paroled unless a board consisting of the administrator of the mental hygiene and mental retardation division of the department of human resources or his designee, the director of the department of prisons and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certifies that such person was under observation while confined in an institution of the department of prisons and is not a menace to the health, safety or morals of others.

      (b) Released on probation unless a psychiatrist licensed to practice medicine in the State of Nevada certifies that such person is not a menace to the health, safety or morals of others.

      Sec. 48.  NRS 201.300 is hereby amended to read as follows:

      201.300  1.  Any person who:

      (a) Induces, persuades, encourages, inveigles, entices or compels a person to become a prostitute or to continue to engage in prostitution;

      (b) By threats, violence or by any device or scheme, causes, induces, persuades, encourages, takes, places, harbors, inveigles or entices a person to become an inmate of a house of prostitution or assignation place, or any place where prostitution is practiced, encouraged or allowed;

      (c) By threats, violence, or by any device or scheme, by fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, or having legal charge, takes, places, harbors, inveigles, entices, persuades, encourages or procures a person to enter any place within this state in which prostitution is practiced, encouraged or allowed, for the purpose of prostitution;

 


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ê1979 Statutes of Nevada, Page 1431 (Chapter 655, SB 9)ê

 

any place within this state in which prostitution is practiced, encouraged or allowed, for the purpose of prostitution;

      (d) By promises, threats, violence, or by any device or scheme, by fraud or artifice, by duress of person or goods, or abuse of any position of confidence or authority or having legal charge, takes, places, harbors, inveigles, entices, persuades, encourages or procures a person of previous chaste character to enter any place within this state in which prostitution is practiced, encouraged or allowed for the purpose of sexual intercourse;

      (e) Takes or detains a person with the intent to compel such person by force, threats, menace or duress to marry him or any other person; or

      (f) Receives, gives or agrees to receive or give any money or thing of value for procuring or attempting to procure any person to become a prostitute or to come into this state or leave this state for the purpose of prostitution,

is guilty of pandering.

      2.  Any person who is guilty of pandering shall be punished:

      (a) Where physical force or the immediate threat of such force is used upon the person, 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.

      (b) Where no physical force or immediate threat of such force is used, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      3.  This section does not apply to the [patron] customer of a prostitute.

      Sec. 49.  NRS 201.310 is hereby amended to read as follows:

      201.310  1.  Any person who by force, fraud, intimidation or threats, places, or procures any other person to place, his spouse in a house of prostitution or compels his spouse to lead a life of prostitution is guilty of pandering and [upon conviction thereof] shall be punished:

      (a) Where physical force or the immediate threat of such force is used upon the spouse, 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.

      (b) Where no physical force or immediate threat of such force is used, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      2.  Upon the trial of any offense mentioned in this section, either spouse is a competent witness for or against the other spouse, with or without the other’s consent, and may be compelled so to testify.

      Sec. 50.  (Deleted by amendment.)

      Sec. 51.  NRS 201.330 is hereby amended to read as follows:

      201.330  Any person who attempts to detain any other person in a disorderly house or house of prostitution because of any debt or debts the other has contracted, or is said to have contracted, while living in the house, is guilty of pandering and [upon conviction thereof] shall be punished:


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ê1979 Statutes of Nevada, Page 1432 (Chapter 655, SB 9)ê

 

      1.  Where physical force or the immediate threat of such force is used upon the person, by imprisonment in the state prison for not less than 1 year nor more than 10 years [.] and may be further punished by a fine of not more than $10,000.

      2.  Where no physical force or immediate threat of such force is used, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000 or by both fine and imprisonment.

      Sec. 52.  NRS 201.340 is hereby amended to read as follows:

      201.340  1.  Any person who knowingly transports or causes to be transported, by any means of conveyance, into, through or across this state, or who aids or assists in obtaining such transportation for any person with the intent [and purpose] to induce, persuade, encourage, inveigle, entice or compel [such] that person to become a prostitute or to continue to engage in prostitution is guilty of pandering, and [upon conviction thereof] shall be punished:

      (a) Where physical force or the immediate threat of such force is used upon the person, 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.

      (b) Where no physical force or immediate threat of such force is used, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      2.  Any person who commits the crime mentioned in this section may be prosecuted, indicted, tried and convicted in any county or city in or through which he transports or attempts to transport the person.

      Sec. 53.  NRS 201.360 is hereby amended to read as follows:

      201.360  1.  Every person who:

      (a) Places another in the charge or custody of a third person with intent that the other person engage in prostitution or who compels the other person to reside with him or with any third person for purposes of prostitution, or who compels another person to reside in a house of prostitution;

      (b) Asks or receives any compensation, gratuity or reward, or promise thereof, for or on account of placing in a house of prostitution or elsewhere any person for the purpose of causing that person to cohabit with someone who is not the person’s spouse;

      (c) Gives, offers or promises any compensation, gratuity or reward, to procure any person to engage in any act of prostitution in any house of prostitution, or elsewhere, against the person’s will;

      (d) Is the spouse, parent, guardian or other legal custodian of a person under the age of 18 and permits, connives at or consents to the minor’s being or remaining in any house of prostitution; [or]

      (e) Lives with or accepts any earnings of a common prostitute, or entices or solicits any person to go to a house of prostitution to engage in sexual conduct with a common prostitute;

      (f) Decoys, entices, procures or in any manner induces any person to become a prostitute or to become an inmate of a house of prostitution, for purposes of prostitution, or for purposes of employment, or for any purpose whatever, when that person does not know that the house is one of prostitution; or

 


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ê1979 Statutes of Nevada, Page 1433 (Chapter 655, SB 9)ê

 

purpose whatever, when that person does not know that the house is one of prostitution; or

      (g) Decoys, entices, procures or in any manner induces any person, under the age of 21 years, to go into or visit, upon any pretext or for any purpose whatever, any house of ill fame or prostitution, or any room or place inhabited or frequented by any prostitute, or used for purposes of prostitution,

is guilty of a felony.

      2.  Any person who violates the provisions of subsection 1 shall be punished:

      (a) Where physical force or the immediate threat of such force is used upon the other person, 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.

      (b) Where no physical force or immediate threat of such force is used, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 54.  (Deleted by amendment.)

      Sec. 55.  NRS 202.170 is hereby amended to read as follows:

      202.170  Every person who [shall] willfully [mingle] mingles poison or any other harmful substance, including, but not limited to, glass or a razor blade, in any food, drink or medicine intended or prepared for the use of a human being, and every person who [shall] willfully [poison] poisons any spring, well or reservoir of water, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      Sec. 56.  NRS 202.248 is hereby amended to read as follows:

      202.248  1.  It is unlawful for any person to:

      (a) Inject any liquid silicone substance into the human body; or

      (b) Sell or offer for sale in this state any liquid silicone substance for the purpose of injection into the human body.

      2.  Every person who violates the provisions of subsection 1 [is guilty of a felony.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 57.  NRS 202.255 is hereby amended to read as follows:

      202.255  1.  Every person who [shall set] sets a so-called trap, spring pistol, rifle, or other deadly weapon shall be punished:

      (a) If no injury [result] results therefrom to any human being, for a gross misdemeanor.

      (b) If injuries not fatal result therefrom to any human being, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (c) If the death of a human being results therefrom, under circumstances not rendering the act murder, 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; otherwise, the punishment shall be as for murder.


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ê1979 Statutes of Nevada, Page 1434 (Chapter 655, SB 9)ê

 

punished by a fine of not more than $10,000; otherwise, the punishment shall be as for murder.

      2.  Subsection 1 does not prevent the use of any loaded spring gun, set gun or other device for the destruction of gophers, moles, coyotes or other burrowing rodents or predatory animals by agents or employees of governmental agencies engaged in cooperative predatory animal and rodent control work, but:

      (a) [No such] A loaded spring gun, set gun or other device [shall] must not be set within 15 miles of the boundaries of any incorporated city or unincorporated town; and

      (b) Before setting any such loaded spring gun, set gun or other device on any real property permission must first be obtained from the owner, lessee or administrator thereof.

      Sec. 58.  NRS 202.260 is hereby amended to read as follows:

      202.260  1.  Any person who unlawfully possesses, manufactures, or disposes of any explosive or incendiary device with intent to destroy life or property shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years [.] , and may be further punished by a fine of not more than $5,000.

      2.  For the purposes of this section:

      (a) “Dispose of” means give, give away, loan, offer, offer for sale, sell or transfer.

      (b) “Explosive or incendiary device” means any explosive or incendiary material or substance that has been constructed, altered, packaged or arranged in such a manner that its intended use would cause destruction or injury to life or property.

      3.  Subsection 1 does not prohibit the manufacture, use, possession or disposal of any material, substance or device by those persons engaged in mining or any other lawful activity or who are authorized by governmental agencies, which have lawful control over such matters, to use such items in the performance of their duties.

      Sec. 59.  NRS 202.275 is hereby amended to read as follows:

      202.275  1.  Any person who unlawfully possesses, manufactures or disposes of any short-barreled rifle or short-barreled shotgun shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years [.] , and may be further punished by a fine of not more than $5,000.

      2.  For purposes of this section:

      (a) “Short-barreled rifle” means:

             (1) A rifle having one or more barrels less than 16 inches in length; or

             (2) Any weapon made from a rifle, whether by alteration, modification or other means, with an overall length of less than 26 inches.

      (b) “Short-barreled shotgun” means:

             (1) A shotgun having one or more barrels less than 18 inches in length; or

             (2) Any weapon made from a shotgun, whether by alteration, modification or other means, with an overall length of less than 26 inches.


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ê1979 Statutes of Nevada, Page 1435 (Chapter 655, SB 9)ê

 

      3.  This section does not prohibit:

      (a) The possession or use of any short-barreled rifle or short-barreled shotgun by any peace officer when authorized to do so in the performance of official duties; or

      (b) The possession of any short-barreled rifle or short-barreled shotgun by any person who is licensed as a firearms importer, manufacturer or dealer by the United States Department of the Treasury.

      Sec. 60.  NRS 202.350 is hereby amended to read as follows:

      202.350  1.  It is unlawful for any person within this state to:

      (a) Manufacture or cause to be manufactured, or import into the state, or keep, offer or expose for sale, or give, lend or possess any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or

      (b) Carry concealed upon his person:

             (1) Any explosive substance, other than fixed ammunition;

             (2) Any dirk, dagger or dangerous knife; or

             (3) Any pistol, revolver or other firearm, or other dangerous or deadly weapon.

      2.  Except as provided in NRS 202.275 and 212.185, any person who violates any of the provisions of subsection 1 is guilty:

      (a) For the first offense, of a gross misdemeanor.

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

      3.  The provisions of subsection 1 do not apply to:

      (a) Sheriffs, constables, marshals, peace officers, special police officers, policemen, whether active or honorably retired, other duly appointed police officers or persons having permission from the sheriff of the county as provided in subsection 4.

      (b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such officer.

      (c) Members of the Armed Forces of the United States when on duty.

      4.  The sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which the concealed weapon is to be carried, grant permission to the applicant, authorizing a person to carry, in this state, the concealed weapon described in the permit. No permit may be granted to any person to carry a switchblade knife.

      5.  For purposes of this section, “switchblade knife” means a spring-blade knife, snap-blade knife, or any other knife having the appearance of a pocket knife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle, or other mechanical device, or is released by any type of mechanism.

      Sec. 61.  NRS 202.360 is hereby amended to read as follows:

      202.360  1.  The terms “pistol,” “revolver,” and “firearm capable of being concealed upon the person,” as used in this section, apply to and include all firearms having a barrel less than 12 inches in length.


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ê1979 Statutes of Nevada, Page 1436 (Chapter 655, SB 9)ê

 

of being concealed upon the person,” as used in this section, apply to and include all firearms having a barrel less than 12 inches in length.

      2.  After July 1, 1925, no unnaturalized foreign-born person, and no person who has been convicted of a felony in the State of Nevada, or in any one of the states of the United States of America, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, shall own or have in his possession or under his custody or control any pistol, revolver or other firearm capable of being concealed upon the person.

      3.  Any person who violates the provisions of this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years [.] , and may be further punished by a fine of not more than $5,000.

      4.  Nothing in this section applies to or affects:

      (a) Sheriffs, constables, marshals, policemen, whether active or honorably retired, or other duly appointed police officers.

      (b) Any person summoned by any such officers to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such officer.

      (c) Members of the Armed Forces of the United States when on duty.

      Sec. 62.  NRS 202.820 is hereby amended to read as follows:

      202.820  1.  Any person who:

      [1.](a) Uses an explosive to commit any felony; or

      [2.](b) Carries an explosive unlawfully during the commission of any felony,

[Shall be sentenced to a term of imprisonment for no less than 1 year, nor more than 10 years. In the case of his second or subsequent conviction under this section, such person shall be sentenced to a term of imprisonment for no less than 5 years, nor more than 25 years, and, notwithstanding any other provisions of law, the court shall not suspend the sentence of such person or give him a probationary sentence.]

is guilty of a separate felony unless the use of an explosive is a necessary element of the other crime.

      2.  A person who commits the offense described in subsection 1 shall be punished:

      (a) For the first offense, by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000.

      (b) For the second or any subsequent offense, by imprisonment in the state prison for not less than 2 years nor more than 20 years.

      3.  The court shall not suspend the sentence or grant probation.

      Sec. 63.  NRS 202.840 is hereby amended to read as follows:

      202.840  Any person who through the use of the mail, written note, telephone, telegraph, radio broadcast or other means of communication, willfully makes any threat, or maliciously conveys false information knowing it to be false, concerning an attempt or alleged attempt being made, or to be made, to kill, injure or intimidate any person or unlawfully to damage or destroy any building, vehicle, aircraft or other real or personal property by means of any explosive, bomb, spring trap or mechanism known or commonly thought to be dangerous to human life, limb or safety shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years [.]


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ê1979 Statutes of Nevada, Page 1437 (Chapter 655, SB 9)ê

 

limb or safety shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years [.] , and may be further punished by a fine of not more than $5,000.

      Sec. 64.  NRS 203.115 is hereby amended to read as follows:

      203.115  1.  Criminal anarchy is the doctrine that organized government should be overthrown by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means.

      2.  It is unlawful:

      (a) For any person, by word of mouth or writing, to advocate, advise or teach the duty, necessity or propriety of overthrowing or overturning organized government by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means; [or]

      (b) For any person to print, publish, edit, issue or knowingly to circulate, sell, distribute or publicly to display any book, paper, document, or written or printed matter in any form, containing or advocating, advising or teaching the doctrine that organized government should be overthrown by force, violence or any unlawful means; [or]

      (c) For any person openly, willfully and deliberately to justify by word of mouth or writing the assassination or unlawful killing or assaulting of any executive or other officer of the United States or of any state or of any civilized nation having an organized government because of his official character, or any other crime, with intent to teach, spread or advocate the propriety of the doctrines of criminal anarchy; [or]

      (d) For any person to organize or help to organize or become a member of or voluntarily to assembly with any society, group or assembly of persons formed to teach or advocate such doctrine; [or]

      (e) For two or more persons to assemble for the purpose of advocating or teaching the doctrines of criminal anarchy as defined in subsection 1; or

      (f) For any owner, agent, superintendent, janitor, caretaker or occupant of any place, building or room willfully and knowingly to permit therein any assemblage of persons prohibited by paragraph (e), or, after notification that the premises are so used, to permit such use to be continued.

      3.  Any person who violates the provisions of subsection 2 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      Sec. 65.  NRS 203.117 is hereby amended to read as follows:

      203.117  1.  Criminal syndicalism is the doctrine which advocates or teaches crime, sabotage, violence or unlawful methods of terrorism as a means of accomplishing industrial or political reform.

      2.  It is unlawful:

      (a) For any person, by word of mouth or writing, to advocate or teach the duty, necessity or propriety of crime, sabotage, violence or other unlawful methods of terrorism as a means of accomplishing industrial or political reform; [or]

      (b) For any person to print, publish, edit, issue or knowingly to circulate, sell, distribute or publicly to display any book, paper, document or written matter in any form, containing or advocating, advising or teaching the doctrine that industrial or political reform should be brought about by crime, sabotage, violence or other unlawful methods of terrorism; [or]

 


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ê1979 Statutes of Nevada, Page 1438 (Chapter 655, SB 9)ê

 

circulate, sell, distribute or publicly to display any book, paper, document or written matter in any form, containing or advocating, advising or teaching the doctrine that industrial or political reform should be brought about by crime, sabotage, violence or other unlawful methods of terrorism; [or]

      (c) For any person openly, willfully and deliberately to justify, by word of mouth or writing, the commission or the attempt to commit crime, sabotage, violence or other unlawful methods of terrorism with intent to exemplify, spread or advocate the propriety of the doctrine of criminal syndicalism; [or]

      (d) For any person to organize or help to organize or become a member of, or voluntarily to assemble with, any society, group or assemblage of persons formed to teach or advocate the doctrine of criminal syndicalism; [or]

      (e) For two or more persons to assemble for the purpose of advocating or teaching the doctrines of criminal syndicalism as defined in subsection 1; or

      (f) For any owner, agent, superintendent, janitor, caretaker or occupant of any place, building or room, willfully and knowingly to permit therein any assemblage of persons prohibited by the provisions of paragraph (e), or, after notification that the premises are so used, to permit such use to be continued.

      3.  Any person who violates the provisions of subsection 2 shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years [.] , and may be further punished by a fine of not more than $5,000.

      Sec. 66.  NRS 204.020 is hereby amended to read as follows:

      204.020  Every public officer or other person who [shall have] has in his possession, control or custody any public money belonging to this state, or to any county, town, city, district or municipal corporation within this state, or to whom any such public money [shall be] is entrusted for safekeeping or for transmission to any treasurer or other officer, or other person entitled to receive the same, who [shall use] uses any of such public money for his own private purposes, or for any purpose other than one duly authorized by law, [shall,] if the amount unlawfully used is $100 or more, [be deemed guilty of a felony, and, on conviction thereof,] shall be punished by imprisonment in the state prison for a term not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      Sec. 67.  NRS 204.030 is hereby amended to read as follows:

      204.030  1.  It is unlawful for any public officer, and any other person receiving money on behalf of, or for or on account of, this state or of any department of the state government or of any bureau or fund created by law in which the state is directly or indirectly interested, or for or on account of any county, city, town, municipal corporation or any school or district:

      (a) Knowingly to keep any false account, or make any false entry or erasure in any account, of or relating to any money so received by him; [or]


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ê1979 Statutes of Nevada, Page 1439 (Chapter 655, SB 9)ê

 

      (b) Fraudulently to alter, falsify, conceal, destroy or obliterate any such account; or

      (c) Willfully to omit or refuse to pay over to the state, its officer or agent authorized by law to receive the same, or to such county, city, town or such school, municipal corporation, or district or to the proper officer or authority empowered to demand and receive the same, any money received by him as such officer when it is a duty imposed upon him by law to pay over and account for the same.

      2.  Any person violating any of the provisions of subsection 1 shall be punished:

      (a) Where the amount involved is $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,] $10,000, or by both fine and imprisonment.

      (b) Where the amount involved is less than $100, for a misdemeanor.

      Sec. 68.  NRS 204.050 is hereby amended to read as follows:

      204.050  Every state, county, city or town treasurer who [shall] willfully [misappropriate any moneys,] misappropriates any money, funds or securities received by or deposited with him as such treasurer, or who [shall be] is guilty of any other malfeasance or willful neglect of duty in his office, shall be punished:

      1.  Where the amount misappropriated is $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,] $10,000, or by both fine and imprisonment.

      2.  Otherwise, for a misdemeanor.

      Sec. 68.3.  NRS 205.010 is hereby amended to read as follows:

      205.010  Any person who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of any dwelling house or other structure, whether occupied or vacant, or any mobile home or other personal property which is occupied by one or more persons, whether the property of himself or of another, is guilty of arson in the first degree and [, upon conviction thereof,] shall be sentenced to imprisonment for not less than 1 year nor more than 15 years [.] , and may be further punished by a fine of not more than $15,000.

      Sec. 68.5.  NRS 205.015 is hereby amended to read as follows:

      205.015  Any person who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of any abandoned building or structure, whether the property of himself or of another, is guilty of arson in the second degree and [, upon conviction thereof,] shall be sentenced to imprisonment for not less than 1 nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      Sec. 68.7.  (Deleted by amendment.)

      Sec. 69.  NRS 205.025 is hereby amended to read as follows:

      205.025  1.  Any person who willfully and maliciously attempts to set fire to or attempts to burn or to aid, counsel or procure the burning of any of the buildings or property mentioned in NRS 205.010, 205.015 and 205.020, or who commits any act preliminary thereto or in furtherance thereof, shall be guilty of arson in the fourth degree and [, upon conviction thereof,] be sentenced to imprisonment for not less than 1 year nor more than one-half of the longest term prescribed upon a conviction for the commission of the offense attempted [.]


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ê1979 Statutes of Nevada, Page 1440 (Chapter 655, SB 9)ê

 

and 205.020, or who commits any act preliminary thereto or in furtherance thereof, shall be guilty of arson in the fourth degree and [, upon conviction thereof,] be sentenced to imprisonment for not less than 1 year nor more than one-half of the longest term prescribed upon a conviction for the commission of the offense attempted [.] , and may be further punished by a fine of not more than $5,000.

      2.  In any prosecution under this section the placing or distributing of any inflammable, explosive or combustible material or substance, or any device in any building or property mentioned in NRS 205.010, 205.015 and 205.020, in an arrangement or preparation eventually to set fire to or burn [the same,] such building or property, or to procure the setting fire to or burning of [the same,] such building or property, shall be prima facie evidence of a willful attempt to burn or set on fire such property.

      Sec. 69.5.  NRS 205.030 is hereby amended to read as follows:

      205.030  Any person who willfully and with intent to injure or defraud the insurer sets fire to or burns or attempts so to do, or who causes to be burned or who aids, counsels or procures the burning of any building, structure or personal property of whatsoever class or character, whether the property of himself or of another, which [shall] is at the time [be] insured by any person, company or corporation against loss or damage by fire, shall [be guilty of a felony and, upon conviction thereof,] be sentenced to imprisonment for not less than 1 year nor more than 6 years [.] , and may be further punished by a fine of not more than $5,000.

      Sec. 70.  NRS 205.060 is hereby amended to read as follows:

      205.060  1.  Every person who, either by day or night, enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, vehicle, vehicle trailer, semitrailer or housetrailer, or railroad car, with intent to commit grand or petit larceny, or any felony, is guilty of burglary.

      2.  Any person convicted of burglary 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.

      3.  Whenever burglary is committed upon a railroad train, vehicle, vehicle trailer, semitrailer or housetrailer, in motion or in rest, in this state, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the railroad train, vehicle, vehicle trailer, semitrailer or housetrailer may have run on the trip during which such burglary is committed.

      Sec. 71.  NRS 205.090 is hereby amended to read as follows:

      205.090  Every person who falsely makes, alters, forges or counterfeits any record, or other authentic matter of a public nature, or any charter, letters patent, deed, lease, indenture, writing obligatory, will, testament, codicil, annuity, bond, covenant, bank bill or note, post note, check, draft, bill of exchange, contract, promissory note, travelers check, money order, due bill for the payment of money or property or for the payment of any labor claim or claims, receipt for money or property, power of attorney, any auditor’s warrant for the payment of the money at the treasury, county order or warrant, or request for the payment of money, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, or acquittance, release, or receipt for money, goods, or labor claim or claims, or any acquittance, release, or discharge for any debt, account, suit, action, demand, or other thing, real or personal, or any transfer or assurance of money, stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer stock or annuities, or to let, lease, dispose of, alien or convey any goods or chattels, lands or tenements, or other estate, real or personal, or any acceptance or endorsement of any bill of exchange, promissory note, draft, order or assignment of any bond, writing obligatory, or promissory note, for money or other property, or any order, writ or process lawfully issued by any court or public officer, or any document or paper recorded or filed in any court or with any public officer, or in the senate or assembly, or [shall counterfeit or forge] counterfeits or forges the seal or handwriting of another, with intent to damage or defraud any person or persons, body politic or corporate, whether the person or persons, body politic or corporate reside in or belong to this state or not, or utters, publishes, passes or attempts to pass, as true and genuine, any of the above-named false, altered, forged or counterfeited matters, as above specified and described, knowing [the same] it to be false, altered, forged or counterfeited with intent to prejudice, damage or defraud any person or persons, body politic or corporate, whether the person or persons, body politic or corporate, reside in this state or not, is guilty of forgery, and [upon conviction thereof,] shall be punished by imprisonment in the state prison for a term not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.


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ê1979 Statutes of Nevada, Page 1441 (Chapter 655, SB 9)ê

 

power of attorney, any auditor’s warrant for the payment of the money at the treasury, county order or warrant, or request for the payment of money, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, or acquittance, release, or receipt for money, goods, or labor claim or claims, or any acquittance, release, or discharge for any debt, account, suit, action, demand, or other thing, real or personal, or any transfer or assurance of money, stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer stock or annuities, or to let, lease, dispose of, alien or convey any goods or chattels, lands or tenements, or other estate, real or personal, or any acceptance or endorsement of any bill of exchange, promissory note, draft, order or assignment of any bond, writing obligatory, or promissory note, for money or other property, or any order, writ or process lawfully issued by any court or public officer, or any document or paper recorded or filed in any court or with any public officer, or in the senate or assembly, or [shall counterfeit or forge] counterfeits or forges the seal or handwriting of another, with intent to damage or defraud any person or persons, body politic or corporate, whether the person or persons, body politic or corporate reside in or belong to this state or not, or utters, publishes, passes or attempts to pass, as true and genuine, any of the above-named false, altered, forged or counterfeited matters, as above specified and described, knowing [the same] it to be false, altered, forged or counterfeited with intent to prejudice, damage or defraud any person or persons, body politic or corporate, whether the person or persons, body politic or corporate, reside in this state or not, is guilty of forgery, and [upon conviction thereof,] shall be punished by imprisonment in the state prison for a term not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      Sec. 72.  NRS 205.100 is hereby amended to read as follows:

      205.100  1.  Every person who [shall make, pass, utter or publish,] makes, passes, utters or publishes, with an intention to defraud any person or persons, body politic or corporate, either in this state or elsewhere, or with the like intention [shall attempt] attempts to pass, utter or publish any fictitious bill, note or check purporting to be the bill, note or check, or other instrument in writing, for the payment of money or property of some bank, corporation, copartnership or individual, when in fact there [shall be] is no such bank, corporation, copartnership or individual in existence, the person knowing the bill, note, check or instrument in writing for the payment of money or property or any labor claim or claims to be fictitious, [shall be deemed] is guilty of forgery, and [on conviction thereof] shall be punished by imprisonment in the state prison for a term not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      2.  Whenever [such] the note, bill, check or other instrument in writing is drawn upon any bank, proof that the purported drawer [of the same] had no account at the bank shall be deemed sufficient evidence to sustain the allegation of the nonexistence of the drawer of such instrument.


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ê1979 Statutes of Nevada, Page 1442 (Chapter 655, SB 9)ê

 

to sustain the allegation of the nonexistence of the drawer of such instrument.

      Sec. 73.  (Deleted by amendment.)

      Sec. 74.  NRS 205.160 is hereby amended to read as follows:

      205.160  Every person who has in his possession, or receives from any other person, any forged promissory note, [or notes,] travelers [checks] check or money [orders,] order, or bank [bills, or bills] bill, or bill for the payment of money or property, with intention to pass [the same,] it, or to permit, cause, or procure [the same] it to be uttered or passed, with intention to defraud any person or persons, body politic or corporate, whether such person or persons, body politic or corporate, reside in or belong to this state or not, knowing [the same] it to be forged or counterfeited, or has or keeps in his possession any blank or unfinished note, travelers check, money order or bank bill, made in the form or similitude of any promissory note or bill for payment of money or property, made to be issued by any person, company, partnership or corporation, with intention to fill up and complete such blank and unfinished note or bill, or to permit, or cause, or procure [the same] it to be filled up and completed in order to utter or pass [the same,] it, or to permit, or cause, or procure [the same] it to be uttered and passed to defraud any person or persons, body politic or corporate, whether in this state or elsewhere, shall [, on conviction thereof,] be punished by imprisonment in the state prison for a term of not less than 1 year or more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      Sec. 75.  NRS 205.175 is hereby amended to read as follows:

      205.175  Every person who [shall] fraudulently [forge or counterfeit] forges or counterfeits the seal of this state, or the seal of any court or public officer by law entitled to have and use a seal, or the seal of any corporation, and [shall make] makes use of the same, or [shall forge or counterfeit] forges or counterfeits the signature of any public officer, or seal or any corporation, or [shall] unlawfully and corruptly, and with evil intent, [affix] affixes any of the true seals to any commission, deed, warrant, pardon, certificate or other writing, or who [shall have] has in his possession or custody any such counterfeit seal, and [shall] willfully [conceal the same,] conceals it, knowing it to be falsely made and counterfeited, [and shall thereof be convicted,] shall be punished by imprisonment in the state prison for a term not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      Sec. 76.  NRS 205.180 is hereby amended to read as follows:

      205.180  [If any person shall counterfeit] Any person who counterfeits any kind or species of gold dust, silver, gold, bullion or bars, lumps, pieces, or nuggets of gold or silver, or any description [whatsoever] of uncoined gold or silver currently passing in this state, or [shall alter, or put off] alters or puts off any kind of uncoined gold or silver mentioned in this section, for the purpose of defrauding any person or persons, body politic or corporate, or [shall make] makes any instrument for counterfeiting any kind of uncoined gold or silver as aforesaid, knowing the purpose for which such instrument was made, or [shall] knowingly [have] has in his possession and secretly [keep] keeps any instrument for the purpose of counterfeiting any kind of uncoined gold or silver as aforesaid, [every such person so offending shall be deemed guilty of counterfeiting, and, upon conviction thereof,] shall be punished by imprisonment in the state prison for a term not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.


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ê1979 Statutes of Nevada, Page 1443 (Chapter 655, SB 9)ê

 

[have] has in his possession and secretly [keep] keeps any instrument for the purpose of counterfeiting any kind of uncoined gold or silver as aforesaid, [every such person so offending shall be deemed guilty of counterfeiting, and, upon conviction thereof,] shall be punished by imprisonment in the state prison for a term not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      Sec. 77.  NRS 205.185 is hereby amended to read as follows:

      205.185  Every person who [shall have] has in his possession, or [receive] receives for any other person, any counterfeit gold dust, silver, gold, bullion or bars, lumps, pieces, or nuggets of gold or silver, or any description whatsoever of uncoined gold or silver currently passing in this state, or entering in anywise into the circulating medium of the state, with intention to utter, put off, or pass [the same,] it, or permit, cause, or procure [the same] it to be uttered or passed, with intention to defraud any person or persons, body politic or corporate, knowing [the same] it to be counterfeit, [and being thereof duly convicted,] shall be punished by imprisonment in the state prison for a term not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      Sec. 78.  NRS 205.217 is hereby amended to read as follows:

      205.217  1.  Unless exempt under subsection 3, it is unlawful for any person, firm, partnership, corporation or association knowingly to:

      (a) Transfer or cause to be transferred any sounds recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded onto any other phonograph record, disc, wire, tape, film or article; or

      (b) Sell, distribute, circulate, offer for sale, distribution or circulation, possess for the purpose of sale, distribution or circulation, or cause to be sold, distributed, circulated, offered for sale, distribution or circulation, or possessed for sale, distribution or circulation, any article or device on which sounds have been transferred without the consent of the person who owns the master phonograph record, master disc, master tape or other device or article from which the sounds are derived.

      2.  It is unlawful for any person, firm, partnership, corporation or association to sell, distribute, circulate, offer for sale, distribution or circulation or possess for the purposes of sale, distribution or circulation, any phonograph record, disc, wire, tape, film or other article on which sounds have been transferred unless such phonograph record, disc, wire, tape, film or other article bears the actual name and address of the transferor of the sounds in a prominent place on its outside face or package.

      3.  This section does not apply to any person who transfers or causes to be transferred any such sounds intended for or in connection with radio or television broadcast transmission or related uses, for archival purposes or solely for the personal use of the person transferring or causing the transfer and without any compensation being derived by the person from the transfer.

      4.  Every person who violates the provisions of this section [is guilty of a felony and:] shall be punished:

      (a) For the first offense, [is punishable] by a fine of not more than $5,000 or by imprisonment in the state prison for not less than 1 nor more than 6 years, or by both fine and imprisonment.


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ê1979 Statutes of Nevada, Page 1444 (Chapter 655, SB 9)ê

 

$5,000 or by imprisonment in the state prison for not less than 1 nor more than 6 years, or by both fine and imprisonment.

      (b) For a subsequent offense, [is punishable] by a fine of not more than [$5,000] $10,000 or by imprisonment in the state prison for not less than 1 nor more than 10 years, or by both fine and imprisonment.

      Sec. 79.  NRS 205.220 is hereby amended to read as follows:

      205.220  Every person who feloniously steals, takes and carries away, leads or drives away the personal goods or property of another of the value of $100 or more, or the motor vehicle of another regardless of its value, is guilty of grand larceny, and [upon conviction thereof] shall be punished by imprisonment in the state prison for any term not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than [$5,000.] $10,000.

      Sec. 80.  NRS 205.225 is hereby amended to read as follows:

      205.225  Every person who:

      1.  Feloniously steals, takes and carries, leads, drives or entices away:

      (a) One or more horses, cattle, mules, asses, sheep, goats or swine, of any age or sex; or

      (b) One or more other domestic animals or poultry having an aggregate value of $100 or more,

not his own property but belonging to some other person;

      2.  Marks or brands, or causes to be marked or branded, or alters or defaces or causes to be altered or defaced a mark or brand upon any animal described in paragraph (a) of subsection 1, not his own property but belonging to some other person, with intent thereby to steal such animal or to prevent the identification thereof by the true owner, or to defraud;

      3.  With intent to defraud or to appropriate to his own use, willfully kills any animal, animals or poultry running at large, of the kinds described in paragraph (a) of subsection 1 or having an aggregate value of $100 or more, not his own, whether branded, marked or not; or

      4.  Sells or purchases, with intent to defraud, the hide or carcass of any animal described in paragraph (a) of subsection 1 the brand or mark on which has been cut out or obliterated,

is guilty of grand larceny, and [upon conviction] 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 [$5,000.] $10,000.

      Sec. 81.  NRS 205.235 is hereby amended to read as follows:

      205.235  Every person who [shall convert] converts any manner of real estate, of the value of $100 or over, into personal property, by severing the same from the realty of another, with felonious intent to and [shall so steal, take and carry] so steals, takes and carries away the same, shall be deemed guilty of grand larceny, and [upon conviction thereof] shall be punished by imprisonment in the state prison for any term not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      Sec. 82.  NRS 205.255 is hereby amended to read as follows:

      205.255  [If any] Any lodger [shall take] who takes away, with intent to steal, embezzle, or purloin, any bedding, furniture, goods or chattels which he is to use in or with his lodging, [he shall be deemed] is guilty of grand or petit larceny, according to the value of the property so taken, and [on conviction] shall be punished accordingly.


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ê1979 Statutes of Nevada, Page 1445 (Chapter 655, SB 9)ê

 

intent to steal, embezzle, or purloin, any bedding, furniture, goods or chattels which he is to use in or with his lodging, [he shall be deemed] is guilty of grand or petit larceny, according to the value of the property so taken, and [on conviction] shall be punished accordingly.

      Sec. 83.  NRS 205.270 is hereby amended to read as follows:

      205.270  Every person who, under circumstances not amounting to robbery, [shall,] with intent to steal or appropriate to his own use, [take] takes from the person of another, without his consent, any money, property or thing of value, 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 [$5,000.] $10,000.

      Sec. 84.  NRS 205.273 is hereby amended to read as follows:

      205.273  Any person who, with intent to procure or pass title to a motor vehicle which he knows or has reason to believe has been stolen, [shall receive or transfer] receives or transfers possession of the [same] vehicle from or to another, or who [shall have] has in his possession any motor vehicle which he knows or has reason to believe has been stolen, and who is not an officer of the law engaged at the time in the performance of his duty as such officer, [shall be guilty of a felony and] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      Sec. 85.  NRS 205.275 is hereby amended to read as follows:

      205.275  1.  Every person who, for his own gain, or to prevent the owner from again possessing his property, buys, receives, possesses or withholds stolen goods, or anything the stealing of which is declared to be larceny, or property obtained by robbery, burglary or embezzlement:

      (a) Knowing that the goods or property [to have been] were so obtained; or

      (b) Under such circumstances as should have caused a reasonable man to know that such goods or property were so obtained, shall be punished by imprisonment in the state prison for a term of not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or both fine and imprisonment. Every such person may be tried, convicted and punished as well before as after the trial of the principal.

      2.  Possession by any person of three or more items of the same or a similar class or type of personal property on which a permanently affixed manufacturer’s serial number or manufacturer’s identification number has been removed, altered or defaced, is prima facie evidence that the person has violated this section.

      3.  No person convicted of the offense specified in this section may be condemned to imprisonment in the state prison, unless the value of the thing bought, received, possessed or withheld is $100, or more, but the person shall be punished as provided in cases of petit larceny.

      Sec. 86.  NRS 205.320 is hereby amended to read as follows:

      205.320  Every person who, with intent thereby to extort or gain any money or other property or to compel or induce another to make, subscribe, execute, alter or destroy any valuable security or instrument or writing affecting or intended to affect any cause of action or defense, or any property, or to influence the action of any public officer, or to do or abet or procure any illegal or wrongful act, whether or not such purpose is accomplished, [shall threaten] threatens directly or indirectly:

 


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ê1979 Statutes of Nevada, Page 1446 (Chapter 655, SB 9)ê

 

such purpose is accomplished, [shall threaten] threatens directly or indirectly:

      1.  To accuse any person of a crime; [or]

      2.  To do an injury to any person or to any property; [or]

      3.  To publish or connive at publishing any libel; [or]

      4.  To expose or impute to any person any deformity or disgrace; or

      5.  To expose any secret,

shall be published 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,] $10,000, or by both fine and imprisonment.

      Sec. 87.  NRS 205.365 is hereby amended to read as follows:

      205.365  Any person or persons, after once selling, bartering or disposing of any tract or tracts of land, town lot or lots, or executing any bond or agreement for the sale of any lands or town lot or lots, who [shall] again, knowingly and fraudulently, [sell, barter or dispose] sells, barters or disposes of the same tract or tracts of land, or town lot or lots, or any part thereof, or [shall] knowingly and fraudulently [execute] executes any bond or agreement to sell or barter, or dispose of the same land, or lot or lots, or any part thereof, to any other person or persons, for a valuable consideration, [upon conviction thereof,] shall be punished:

      1.  Where the value of the property so involved is $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,] $10,000, or by both fine and imprisonment.

      2.  Where the value of the property is less than $100, for a misdemeanor.

      Sec. 88.  NRS 205.370 is hereby amended to read as follows:

      205.370  [If any person,] Any person who, by false representations of his own wealth, or mercantile correspondence and connections, [shall obtain] obtains a credit thereby and [defraud] defrauds any person or persons of money, goods, chattels or any valuable thing, or if any person [shall cause, or procure] causes or procures others to report falsely of his wealth or mercantile character, and by thus imposing upon any person or persons obtain credit and thereby fraudulently [get] gets into the possession of goods, wares or merchandise, or other valuable thing, [every such offender shall be deemed] is a swindler, and [, on conviction,] shall be sentenced to return the property so fraudulently obtained, if it can be done, and shall be punished:

      1.  Where the amount of money or the value of the chattels, goods, wares or merchandise, or other valuable thing so obtained is $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,] $10,000, or by both fine and imprisonment.

      2.  Otherwise, for a misdemeanor.

      Sec. 89.  NRS 205.380 is hereby amended to read as follows:

      205.380  Every person who knowingly and designedly by any false pretense obtains from any other person any chose in action, money, goods, wares, chattels, effects or other valuable thing, with intent to cheat or defraud the other person, is a cheat, and, unless otherwise prescribed by law, shall be punished:

 


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ê1979 Statutes of Nevada, Page 1447 (Chapter 655, SB 9)ê

 

cheat or defraud the other person, is a cheat, and, 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,] $10,000, or by both fine and imprisonment, and be sentenced to restore the property so fraudulently obtained, if it can be done.

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

      Sec. 90.  NRS 205.415 is hereby amended to read as follows:

      205.415  Every person who [shall sell] sells one or more tickets to any ball, benefit or entertainment, or [ask or receive] asks or receives any subscription or promise thereof, for the benefit or pretended benefit of any person, association or order, without being duly authorized thereto by the person, association or order for whose benefit or pretended benefit [the same] it is done, shall be punished:

      1.  Where the amount received from such sales, subscriptions or promises totals $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,] $10,000, or by both fine and imprisonment.

      2.  Otherwise, for a misdemeanor.

      Sec. 91.  NRS 205.435 is hereby amended to read as follows:

      205.435  Every officer, agent or other person in the service of a joint-stock company or corporation, domestic or foreign, who, willfully and knowingly with intent to defraud: [, shall:

      1.  Sell, pledge or issue or cause]  1.  Sells, pledges or issues, or causes to be sold, pledged or issued, or [sign or execute or cause] signs or executes or causes to be signed or executed, with intent to sell, pledge or issue, or cause to be sold, pledged or issued, any certificate or instrument purporting to be a certificate or evidence of ownership of any share or shares of [such] that company or corporation, or any conveyance or encumbrance of real or personal property, contract, bond or evidence of debt, or writing purporting to be a conveyance or encumbrance of real or personal property, contract, bond or evidence of debt of [such] that company or corporation, without being first duly authorized by [such] the company or corporation, or contrary to the charter or laws under which [such] the company or corporation exists, or in excess of the power of [such] the company or corporation, or of the limit imposed by law or otherwise upon its power to create or issue stock or evidence of debt; or

      2.  [Reissue, sell, pledge or dispose of, or cause] Reissues, sells, pledges or disposes of, or causes to be reissued, sold, pledged or disposed of, any surrendered or canceled certificate or other evidence of the transfer of ownership of any such share or shares,

shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.


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ê1979 Statutes of Nevada, Page 1448 (Chapter 655, SB 9)ê

 

      Sec. 92.  NRS 205.445 is hereby amended to read as follows:

      205.445  1.  It is unlawful for any person:

      (a) To obtain food, foodstuffs, lodging, merchandise or other accommodations at any hotel, inn, trailer park, motor court, boardinghouse, roominghouse, lodginghouse, furnished apartment house, furnished bungalow court, furnished auto camp, eating house, restaurant, grocery store, market or dairy, without paying therefor, with intent to defraud the proprietor or manager thereof; [or]

      (b) To obtain credit at a hotel, inn, trailer park, motor court, boardinghouse, roominghouse, lodginghouse, furnished apartment house, furnished bungalow court, furnished auto camp, eating house, restaurant, grocery store, market or dairy by the use of any false pretense; or

      (c) After obtaining credit, food, lodging, merchandise or other accommodations at a hotel, inn, trailer park, motor court, boardinghouse, roominghouse, lodginghouse, furnished apartment house, furnished bungalow court, furnished auto camp, eating house, restaurant, grocery store, market or dairy, to abscond or surreptitiously, or by force, menace or threats, to remove any part of his baggage therefrom, without paying for his food or accommodations.

      2.  Any person who violates any of the provisions of subsection 1 shall be punished:

      (a) Where the total value of the credit, food, foodstuffs, lodging, merchandise or other accommodations received from any one such establishment is $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,] $10,000, or by both fine and imprisonment.

      (b) Otherwise, for a misdemeanor.

      3.  Proof that lodging, food, foodstuffs, merchandise or other accommodations were obtained by false pretense, or by false or fictitious show or pretense of any baggage or other property, or that the person refused or willfully neglected to pay for such food, foodstuffs, lodging, merchandise or other accommodations, or that he gave in payment for such food, foodstuffs, lodging, merchandise or other accommodations negotiable paper on which payment was refused, or that he absconded without paying or offering to pay for such food, foodstuffs, lodging, merchandise or other accommodations, or that he surreptitiously removed or attempted to remove his baggage, shall be prima facie evidence of the fraudulent intent mentioned in this section.

      4.  This section [shall] does not apply where there has been an agreement in writing for delay in payment for a period to exceed 10 days.

      Sec. 93.  NRS 205.455 is hereby amended to read as follows:

      205.455  Every person who [shall] falsely [represent or personate] represents or personates another, and, in such assumed character, [shall receive] receives any money or valuable property of any description intended to be delivered to the person so personated, shall [, upon conviction,] be punished in the same manner and to the same extent as for feloniously stealing the money or property so received.

      Sec. 94.  NRS 205.470 is hereby amended to read as follows:

      205.470  Any person who [:

      1.  Willfully and maliciously breaks, injures or otherwise destroys, damages or interferes with any of the posts, wires, towers or other materials or fixtures employed in the construction or use of any line of a television coaxial cable, a microwave radio system, or a community antenna television system is guilty of a public offense proportionate to the value of the property damaged or destroyed.


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ê1979 Statutes of Nevada, Page 1449 (Chapter 655, SB 9)ê

 

damages or interferes with any of the posts, wires, towers or other materials or fixtures employed in the construction or use of any line of a television coaxial cable, a microwave radio system, or a community antenna television system is guilty of a public offense proportionate to the value of the property damaged or destroyed.

      2.  Without] without authority leads or attempts to lead from its uses or make use of the electrical signal or any portion thereof from any posts, wires, towers or other materials or fixtures employed in the construction or use of any line of a television coaxial cable, a microwave radio system, or a community antenna television system is guilty of a misdemeanor.

      Sec. 95.  NRS 205.480 is hereby amended to read as follows:

      205.480  1.  It is unlawful to obtain or attempt to obtain telephone or telegraph service with intent to avoid payment therefor by:

      (a) Charging the service to an existing telephone number without authority of the subscriber, to a nonexistent telephone number or to a number associated with telephone service which is suspended or terminated after notice of suspension or termination has been given to the subscriber; [or]

      (b) Charging the service to a credit card without authority of the lawful holder, to a nonexistent credit card or to a revoked or canceled (as distinguished from expired) credit card after notice of revocation or cancellation has been given to the holder; [or]

      (c) Using a code, prearranged scheme or other similar device to send or receive information; [or]

      (d) Rearranging, tampering with or making connection with any facilities or equipment, whether physically, electrically, acoustically, inductively or otherwise; [or]

      (e) Using any other deception, false token or other means to avoid payment for the service; or

      (f) Concealing, or assisting another to conceal, from any telephone or telegraph company or from any lawful authority the existence or place of origin or destination of any message.

      2.  If the value of the service involved is $100 or more, any person violating the provisions of this section [is guilty of a felony and] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment. If the value of the service involved is less than $100 any person violating the provisions of this section is guilty of a misdemeanor. In determining the value of the service involved, the value of all services unlawfully obtained or attempted to be obtained within 3 years prior to the time the indictment is found or the information is filed may be aggregated.

      3.  This section [shall apply] applies when the service involved either originates or terminates, or both originates and terminates, in the State of Nevada, or when the charges for such service would have been billable in the normal course by a person, firm or corporation providing such service in Nevada but for the fact that such service was obtained or attempted to be obtained by one or more of the means set forth in subsection 1.


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ê1979 Statutes of Nevada, Page 1450 (Chapter 655, SB 9)ê

 

      Sec. 96.  NRS 205.520 is hereby amended to read as follows:

      205.520  A bailee, or any officer, agent or servant of a bailee, who issues or aids in issuing a document of title, knowing that the goods covered by the document of title have not been received by him, or are not under his control at the time the document is issued, shall be punished:

      1.  Where the value of the goods purported to be covered by such document of title is $100 of 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,] $10,000, or by both fine and imprisonment.

      2.  Where such value is less than $100, for a misdemeanor.

      Sec. 97.  NRS 205.540 is hereby amended to read as follows:

      205.540  Except as provided in chapter 104 of NRS, a bailee, or any officer, agent or servant of a bailee, who issues or aids in issuing a duplicate or additional negotiable document of title, knowing that a former negotiable document for the same goods or any part of them is outstanding and uncanceled, shall be punished:

      1.  Where the value of the goods purported to be covered by such document of title is $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,] $10,000, or by both fine and imprisonment.

      2.  Where such value is less than $100, for a misdemeanor.

      Sec. 98.  NRS 205.570 is hereby amended to read as follows:

      205.570  Every person who, with intent to defraud, obtains a negotiable document of title for goods to which he does not have title, or which are subject to a security interest, and negotiates the document for value, without disclosing his want of title or the existence of the security interest, shall be punished:

      1.  Where the value of the goods purported to be covered by such document of title is $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,] $10,000, or by both fine and imprisonment.

      2.  Where such value is less than $100, for a misdemeanor.

      Sec. 99.  NRS 205.580 is hereby amended to read as follows:

      205.580  Every person who, with intent to defraud, secures the issue by a bailee of a negotiable document of title, knowing at the time of issue that any or all of the goods are not in possession of the bailee, by inducing the bailee to believe that the goods are in the bailee’s possession, shall be punished:

      1.  Where the value of the goods purported to be covered by the document of title is $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,] $10,000, or by both fine and imprisonment.

      2.  Where such value is less than $100, for a misdemeanor.

      Sec. 100.  NRS 205.590 is hereby amended to read as follows:

      205.590  Every person who, with intent to defraud, negotiates or transfers for value a document of title, which by the terms thereof represents that goods are in possession of the bailee which issued the document, knowing that the bailee is not in possession of the goods or any part thereof, without disclosing this fact, shall be punished:


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ê1979 Statutes of Nevada, Page 1451 (Chapter 655, SB 9)ê

 

      1.  Where the value of the goods purported to be covered by such document of title is $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,] $10,000, or by both fine and imprisonment.

      2.  Where such value is less than $100, for a misdemeanor.

      Sec. 101.  NRS 205.690 is hereby amended to read as follows:

      205.690  1.  Any person who steals, takes or removes a credit card from the person, possession, custody or control of another without the cardholder’s consent or who, with knowledge that a credit card has been so taken, removed or stolen receives the credit card with intent to circulate, use or sell it or to transfer it to a person other than the issuer or the cardholder, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years [.] , and may be further punished by a fine of not more than $5,000.

      2.  Any person who possesses a credit card without the consent of the cardholder and with the intent to circulate, use, sell or transfer the card with intent to defraud shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years [.] , and may be further punished by a fine of not more than $5,000.

      3.  Any person who has in his possession or under his control two or more credit cards issued in the name or names of another person or persons is presumed to have obtained and to possess such credit cards with the knowledge that they have been stolen and with the intent to circulate, use, sell or transfer them with intent to defraud. The presumption established by this subsection does not apply to the possession of two or more credit cards used in the regular course of the possessor’s business or employment or where the possession is with the consent of the cardholder.

      Sec. 102.  NRS 205.730 is hereby amended to read as follows:

      205.730  Any person, except the issuer, who during any 12-month period receives credit cards issued in the names of two or more persons and who has reason to know that such credit cards were taken or retained in violation of NRS 205.690 to 205.720, inclusive, [is guilty of a felony and] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      Sec. 103.  NRS 205.740 is hereby amended to read as follows:

      205.740  1.  A person who, with intent to defraud, falsely makes or falsely embosses a purported credit card or utters such a credit card is guilty of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      2.  A person, except the purported issuer, who possesses two or more credit cards which are falsely made or falsely embossed is presumed to have violated this section.

      3.  For the purpose of this section:

      (a) A person “falsely makes” a credit card when he alters a validly issued credit card or makes or draws, in whole or in part, a device or instrument which purports to be the credit card of a named issuer where the issuer did not authorize the making or drawing.


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ê1979 Statutes of Nevada, Page 1452 (Chapter 655, SB 9)ê

 

      (b) A person “falsely embosses” a credit card when, without the authorization of the named issuer, he completes a credit card by adding any matter, except the signature of the cardholder, which the issuer requires to appear on the credit card before the credit card can be used by a cardholder.

      Sec. 104.  NRS 205.750 is hereby amended to read as follows:

      205.750  Any person, except the cardholder or a person authorized by the cardholder, who signs a credit card, sales slip, sales draft or instrument for the payment of money which evidences a credit card transaction with intent to defraud shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      Sec. 105.  NRS 205.760 is hereby amended to read as follows:

      205.760  1.  Any person who, with intent to defraud:

      (a) Uses a credit card for the purpose of obtaining money, goods, property, services or anything of value where such credit card was obtained or retained in violation of NRS 205.690 to 205.750, inclusive, or where such person knows the credit card is forged, expired or revoked; or

      (b) Obtains money, goods, property, services or anything else of value by representing, without the consent of the cardholder, that he is the authorized holder of a specified card or that he is the holder of a card where such card has not in fact been issued,

is guilty of a public offense and shall be punished as provided in subsection 2.

      2.  Where the amount of money or the value of the goods, property, services or other things of value so obtained in any 6-month period is:

      (a) $100 or more, the violator shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      (b) Less than $100, the violator shall be punished for a misdemeanor.

      3.  A person is presumed to have knowledge of the revocation of a credit card 4 days after notice of the revocation has been mailed to him by registered or certified mail, return receipt requested, at the address set forth on the credit card or at his last-known address. If the address is more than 500 miles from the place of mailing, notice shall be sent by airmail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone and Canada, notice shall be presumed to have been received 10 days after such mailing.

      Sec. 106.  NRS 205.770 is hereby amended to read as follows:

      205.770  Any person authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card by the cardholder, or an agent or employee of such authorized person, who, with intent to defraud, furnishes money, goods, property, services or anything else of value upon presentation of a credit card which such person, employee or agent knows was obtained or retained in violation of NRS 205.690 to 205.750, inclusive, or is forged, expired or revoked is guilty, where the amount of money or the value of the goods, property, services or other things of value so furnished in any 6-month period is:

 


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ê1979 Statutes of Nevada, Page 1453 (Chapter 655, SB 9)ê

 

goods, property, services or other things of value so furnished in any 6-month period is:

      1.  $100 or more, of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      2.  Less than $100, of a misdemeanor.

      Sec. 107.  NRS 205.780 is hereby amended to read as follows:

      205.780  Any person authorized by an issuer to furnish money, goods, property, services or anything of value upon presentation of a credit card by the cardholder, or an agent or employee of such authorized person, who, with intent to defraud, misrepresents to the issuer the value of the goods he furnishes or who fails to furnish money, goods, property, services or anything else of value which he represents in writing to the issuer that he has furnished is guilty, where in any 6-month period the difference between the amount of money or the value of the goods, property, services or other things of value actually furnished and the amount or value which was represented to the issuer to have been furnished is:

      1.  $100 or more, of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      2.  Less than $100, of a misdemeanor.

      Sec. 108.  NRS 205.800 is hereby amended to read as follows:

      205.800  1.  Any person who receives money, property, goods, services or anything of value obtained in violation of NRS 205.760, knowing or believing that the money, property, goods, services or other things of value were so obtained, is guilty, where the amount of money or the value of the property, goods, services or other things of value received by such person is:

      (a) $100 or more, of a felony and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      (b) Less than $100, of a misdemeanor.

      2.  Any person who obtains at a discount price from a source other than the issuing company a ticket issued by an airline, railroad, steamship or other transportation company which was acquired in violation of NRS 205.760 under such circumstances as to cause a reasonable man to believe he had obtained such ticket in violation of this act is presumed to know that such ticket was acquired in violation of NRS 205.760.

      Sec. 109.  NRS 206.010 is hereby amended to read as follows:

      206.010  Whenever any persons unlawfully assembled [shall] pull down, damage or destroy any dwelling house or other building, or any shop, steamboat, vessel or other property, they severally are guilty of a public offense proportionate to the value of the property damaged or destroyed.


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ê1979 Statutes of Nevada, Page 1454 (Chapter 655, SB 9)ê

 

      Sec. 110.  NRS 206.040 is hereby amended to read as follows:

      206.040  Every person who [shall] willfully and maliciously [enter,] enters, without the consent of the owner or occupant, any [orchard, garden, vineyard or yard,] real property of another under circumstances not amounting to a burglary, with intent to take, injure or destroy any [thing there grown or growing, shall be] real or personal property there situated, is guilty of a misdemeanor.

      Sec. 111.  NRS 206.140 is hereby amended to read as follows:

      206.140  Every person who: [shall willfully and maliciously:

      1.  Injure, mark or deface any church edifice, or other building, public or private, its fixtures, books or appurtenances; or

      2.  Commit] 1.  Commits any nuisance [therein; or

      3.  Commit] in any building, public or private;

      2.  Commits any trespass upon the grounds attached thereto, or any fixtures placed thereon, or any enclosure or sidewalk about the [same;] building; or

      [4.]3.  In any manner [interfere with or disturb] interferes with or disturbs those peaceably assembled within [such building or buildings,] the building,

shall be guilty of a public offense proportionate to the value of [the] any property damaged or destroyed, but in no event less than a misdemeanor.

      Sec. 112.  NRS 206.220 is hereby amended to read as follows:

      206.220  1.  Every person who [shall] willfully or maliciously:

      (a) [Remove] Removes any monument of stone, wood or other durable material erected, or post or stake fixed or driven in the ground, for the purpose of designating the corner, or any other point, in the boundary of this state or any political subdivision thereof, or any lot or tract of land, or any mining claim or claims; [, or any post or stake fixed or driven in the ground for the purpose of designating a point in the boundary of any lot or tract of land, mining claim or claims; or

      (b) Alter] (b) Alters the marks upon any tree, post or other monument made for the purpose of designating any point, course or line, in [the boundary of any lot or tract of land, mining claim or claims; or

      (c) Cut down or remove] any such boundary; or

      (c) Cuts down or removes any tree upon which any such marks [shall be] are made for [such] that purpose, with the intent to destroy such marks,

[shall be] is guilty of a public offense proportionate to the value of the loss resulting therefrom, but in no event less than a misdemeanor.

      2.  For purposes of this section, the “value of the loss resulting therefrom” means the cost of restoring or replacing the marks or monuments which have been removed, altered or destroyed.

      Sec. 113.  NRS 206.260 is hereby amended to read as follows:

      206.260  Every person who [shall] fraudulently or maliciously [tear, burn, efface, cut,] tears, burns, effaces, cuts, or in any other way [destroy,] destroys, with intent to defraud, prejudice or injure any person or body corporate:

      1.  Any deed, lease, bond, will, or any other sealed writing; [or]


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ê1979 Statutes of Nevada, Page 1455 (Chapter 655, SB 9)ê

 

      2.  Any bank bill or note, check, warrant or certificate for the payment of money or other thing, or other security for the payment of money or the delivery of goods; [or]

      3.  Any certificate or other public security of this state, the United States, or any state or territory for the payment of money; [or]

      4.  Any receipt, acquittance, release, defeasance, discharge of any debt, suit or other demand; [or]

      5.  Any transfer or assurance of money, stock, goods, chattels or other property; [or]

      6.  Any letter of attorney or other power; [or]

      7.  Any daybook or other book of account; or

      8.  Any agreement or contract, [whatsoever,]

shall [, upon conviction thereof,] be punished by imprisonment in the state prison for a term not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      Sec. 114.  NRS 206.300 is hereby amended to read as follows:

      206.300  Every person who, in such manner as might, if not discovered, endanger a vessel, railway engine, motor, train or car, [shall show, mask, extinguish, alter or remove] shows, masks, extinguishes, alters or removes any light or signal, or [exhibit] exhibits any false light or signal, shall be punished:

      1.  Where physical injury or property damage results therefrom, by imprisonment in the state prison for not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      2.  Otherwise, for a gross misdemeanor.

      Sec. 115.  (Deleted by amendment.)

      Sec. 116.  NRS 207.190 is hereby amended to read as follows:

      207.190  1.  It is unlawful for any person, with intent to compel another to do or abstain from doing an act which such other person has a right to do or abstain from doing, to:

      (a) Use violence or inflict injury upon such other person or any of his family, or upon his property, or threaten such violence or injury; [or]

      (b) Deprive such person of any tool, implement or clothing, or hinder him in the use thereof; or

      (c) Attempt to intimidate such person by threats or force.

      2.  Any person who violates the provisions of subsection 1 shall be punished:

      (a) Where physical force or the immediate threat of such force is used, 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) Where no physical force or immediate threat of such force is used, for a misdemeanor.

      Sec. 117.  NRS 207.250 is hereby amended to read as follows:

      207.250  1.  It is unlawful for any person, firm, company or corporation to sell, offer to sell, or display for sale any motor vehicle unless [such] that person, firm, company or corporation is: [either:]

      (a) The legal or registered owner of such vehicle;


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ê1979 Statutes of Nevada, Page 1456 (Chapter 655, SB 9)ê

 

      (b) A repossessor of such vehicle, or holder of a statutory lien on such vehicle, selling the vehicle on a bid basis; or

      (c) [Manufacturer] A manufacturer or dealer licensed under the provisions of chapter 482 of NRS.

      2.  The provisions of this section do not apply to any executor, administrator, sheriff or other person who sells a motor vehicle pursuant to powers or duties granted or imposed by law.

      3.  Any person who violates any of the provisions of this section shall be punished:

      (a) Where the value of the vehicle so sold is $100 or more, by imprisonment in the state prison for not less than 1 year nor more than [10] 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (b) Otherwise, for a misdemeanor.

      Sec. 118.  NRS 207.260 is hereby amended to read as follows:

      207.260  Any person who annoys or molests any minor is guilty of a misdemeanor. For the second and each subsequent offense he shall be punished by imprisonment in the state prison for not less than 1 year no more than 6 years [.] , and may be further punished by a fine of not more than $5,000.

      Sec. 119.  NRS 210.280 is hereby amended to read as follows:

      210.280  Any person who knowingly permits or aids an inmate to escape from the school, or who conceals any inmate or escapee with the intent or purpose of enabling him to elude pursuit, shall be punished:

      1.  Where a dangerous weapon is used by such person to facilitate such escape or attempted escape, by imprisonment in the state prison for not less than 1 year nor more than 6 years [.] , and may be further punished by a fine of not more than $5,000.

      2.  Where no dangerous weapon is used, for a gross misdemeanor.

      Sec. 120.  NRS 210.710 is hereby amended to read as follows:

      210.710  Any person who knowingly permits or aids an inmate to escape from the school, or who conceals any inmate or escapee with the intent or purpose of enabling her to elude pursuit, shall be punished:

      1.  Where a dangerous weapon is used by such person to facilitate such escape or attempted escape, by imprisonment in the state prison for not less than 1 year nor more than 6 years [.] , and may be further punished by a fine of not more than $5,000.

      2.  Where no dangerous weapon is used, for a gross misdemeanor.

      Sec. 121.  NRS 212.090 is hereby amended to read as follows:

      212.090  Every prisoner confined in a prison, or being in the lawful custody of an officer or other person, who [shall escape or attempt] escapes or attempts to escape from such prison or custody, if he is held on a charge, conviction or sentence of:

      1.  A felony, shall be punished:

      (a) Where a dangerous weapon is used or one or more hostages are taken to facilitate the escape or attempted escape, or substantial bodily harm results to anyone as a direct result of the escape or attempted escape, by imprisonment in the state prison for not less than 2 years nor more than 20 years [.] , and may be further punished by a fine of not more than $20,000.


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ê1979 Statutes of Nevada, Page 1457 (Chapter 655, SB 9)ê

 

not more than $20,000. The sentence imposed pursuant to this paragraph shall run consecutively after any sentence imposed for the original felony, and is not subject to suspension or the granting of probation.

      (b) Where none of the aggravating factors specified in paragraph (a) is present, by imprisonment in the state prison for not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      2.  A gross misdemeanor or misdemeanor, shall be punished:

      (a) Where a dangerous weapon is used to facilitate such escape or attempted escape, 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) Where no dangerous weapon is used, for a gross misdemeanor.

      Sec. 122.  NRS 212.100 is hereby amended to read as follows:

      212.100  Every person who, with intent to effect or facilitate the escape of a prisoner, whether [such escape shall be] the escape is effected or attempted or not, [shall convey or send] conveys or sends to a prisoner any information or aid, or [convey or send] conveys or sends into a prison any disguise, instrument, weapon or other thing, or [aid or assist] aids or assists a prisoner in escaping or attempting to escape from the lawful custody of a sheriff or other officer or person, shall be punished if such prisoner is held upon a charge, arrest, commitment, conviction or a sentence:

      1.  For a felony, by imprisonment in the state prison for not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      2.  For a gross misdemeanor or misdemeanor:

      (a) Where a dangerous weapon is used to effect or facilitate the escape or attempted escape, 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) Where no dangerous weapon is used, for a gross misdemeanor.

      Sec. 123.  NRS 212.110 is hereby amended to read as follows:

      212.110  Every person who willfully allows a prisoner lawfully in his custody to escape, or connives at or assists such escape, or willfully omits any act or duty by reason of which omission such escape is occasioned, contributed to or assisted, shall, if he [connive at or assist] connives at or assists such escape, 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; and in any other case, is guilty of a gross misdemeanor.

      Sec. 124.  NRS 212.120 is hereby amended to read as follows:

      212.120  Every officer who [shall ask or receive,] asks or receives, directly or indirectly, any compensation, gratuity or reward, or promise thereof, to procure, assist, connive at or permit any prisoner in his custody to escape, whether such escape [shall be] is attempted or not, or shall commit any unlawful act tending to hinder justice, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years [.]


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ê1979 Statutes of Nevada, Page 1458 (Chapter 655, SB 9)ê

 

nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      Sec. 125.  NRS 212.130 is hereby amended to read as follows:

      212.130  Every person who knowingly conceals, or harbors for the purpose of concealment, a prisoner who has escaped or is escaping from custody shall be punished, according to the charge or conviction or sentence upon which such prisoner was held:

      1.  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, if such prisoner was held for a felony.

      2.  For a gross misdemeanor, if such prisoner was held for a gross misdemeanor.

      3.  For a misdemeanor, if such prisoner was held for a misdemeanor.

      Sec. 126.  NRS 212.160 is hereby amended to read as follows:

      212.160  1.  Any person, not authorized by law, who knowingly furnishes, or attempts to furnish, or aids or assists in furnishing or attempting to furnish to any prisoner confined in an institution of the department of prisons, or any other place where prisoners are authorized to be or are assigned by the director of the department, any deadly weapon, explosives, any controlled substance as defined in chapter 453 of NRS, or intoxicating liquor, shall be punished:

      (a) Where a deadly weapon, controlled substance or explosive is involved, 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) Where an intoxicant is involved, for a gross misdemeanor.

      2.  Knowingly leaving or causing to be left any such article where it may be obtained by any such prisoner constitutes, within the meaning of this section, the furnishing such article to such prisoner.

      Sec. 127.  NRS 212.180 is hereby amended to read as follows:

      212.180  [1.] It [shall be] is unlawful for any person or persons to sell by wholesale or retail any spirituous or malt liquors, wine or cider, within one-half mile of the state prison, and no license [shall] may be granted authorizing the sale of any spirituous or malt liquors, wine or cider, within one-half mile of the state prison.

      [2.  A violation of the provisions of this section shall, on conviction, be punished by a fine of not less than $50, nor more than $500, or by imprisonment in the county jail not less than 25 days nor exceeding 6 months.]

      Sec. 128.  NRS 4.220 is hereby amended to read as follows:

      4.220  It [shall be] is unlawful for any justice of the peace of the same township, directly or indirectly, to purchase any judgment or any part thereof on the docket of such justice, or on any docket in his possession. [Upon conviction for] For each offense, he shall be fined [a sum not less than $100 nor] not more than $1,000.

      Sec. 129.  NRS 90.190 is hereby amended to read as follows:

      90.190  1.  Any person who willfully and knowingly violates any provision of this chapter shall [, upon conviction,] be punished by [a fine of not more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 3 years or in the county jail for not more than 1 year,] imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both [such] fine and imprisonment.


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ê1979 Statutes of Nevada, Page 1459 (Chapter 655, SB 9)ê

 

not more than 1 year,] imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both [such] fine and imprisonment. No indictment or information may be returned under this chapter more than 5 years after the alleged violation.

      2.  The administrator may refer such evidence as is available concerning violations of this chapter to the attorney general, who may, with or without such a reference, institute the appropriate criminal proceedings under this chapter.

      Sec. 130.  NRS 119.330 is hereby amended to read as follows:

      119.330  1.  Except as provided in subsection 2, any person [, copartnership, association or corporation] violating a provision of this chapter, [upon conviction thereof,] if a natural person, is guilty of a gross misdemeanor, and if a copartnership, association or corporation, shall be punished by a fine of not more than $10,000 for each offense.

      2.  Any person who:

      (a) Sells or attempts to sell in this state any subdivision or any lot, parcel, unit or interest in any subdivision by means of intentional misrepresentation, deceit or fraud; or

      (b) Obtains or attempts to obtain a license under this chapter by means of intentional misrepresentation, deceit or fraud,

[is guilty of a felony.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $10,000 for each offense, or by both fine and imprisonment.

      3.  Any officer or agent of a corporation, or member or agent of a copartnership or association, who [shall] personally [participate in or be] participates in or is accessory to any violation of this chapter by such copartnership, association or corporation, [shall be] is subject to the penalties [herein] prescribed for [individuals.] natural persons in this section.

      4.  [Nothing contained in this section shall be construed to] This section does not release any person, corporation, association or copartnership from civil liability or criminal prosecution under [the general laws] any other law of this state.

      [5.  The administrator may prefer a complaint for violation of a provision of this chapter before any court of competent jurisdiction, and may take the necessary legal steps through the proper legal officers of this state to enforce the provisions thereof.

      6.  Any court of competent jurisdiction shall have full power to try any violation of this chapter, and upon]

      5.  Upon conviction the court may [, at its discretion,] revoke the license of the person [, copartnership, association or corporation] so convicted, in addition to imposing the other penalties [herein] provided [.] in this section.

      Sec. 130.5.  Section 18 of Assembly Bill No. 523 of the 60th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 18.  NRS 119.330 is hereby amended to read as follows:

       119.330  1.  Except as provided in subsection 2, any natural person violating a provision of this chapter, if a natural person, is guilty of a gross misdemeanor, and if a copartnership, association or corporation, shall be punished by a fine of not more than $10,000 for each offense.


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ê1979 Statutes of Nevada, Page 1460 (Chapter 655, SB 9)ê

 

guilty of a gross misdemeanor, and if a copartnership, association or corporation, shall be punished by a fine of not more than $10,000 for each offense.

       2.  Any person who:

       (a) Sells]sells or attempts to sell in this state any subdivision or any lot, parcel, unit or interest in any subdivision by means of intentional misrepresentation, deceit or fraud [; or

       (b) Obtains or attempts to obtain a license under this chapter by means of intentional misrepresentation, deceit or fraud,] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $10,000 for each offense, or by both fine and imprisonment.

       3.  Any officer or agent of a corporation, or member or agent of a copartnership or association, who personally participates in or is accessory to any violation of this chapter by [such] the copartnership, association or corporation, is subject to the penalties prescribed for natural persons in this section.

       4.  This section does not release any natural person, corporation, association or copartnership from civil liability or criminal prosecution under any other law of this state.

       [5.  Upon conviction the court may, revoke the license of the person so convicted, in addition to imposing the other penalties provided in this section.]

 

      Sec. 131.  NRS 127.300 is hereby amended to read as follows:

      127.300  1.  Except as provided in NRS 127.285, any person who, without holding a valid license to operate a child-placing agency issued by the welfare division of the department of human resources, requests or receives, directly or indirectly, any compensation or thing of value for placing, arranging the placement of, or assisting in placing or arranging the placement of, any child for adoption or permanent free care shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than [$1,000,] $5,000, or by both fine and imprisonment.

      2.  The natural parents and the adopting parents [must not be considered] are not accomplices for the purpose of this section.

      Sec. 132.  NRS 176.185 is hereby amended to read as follows:

      176.185  1.  Whenever any person has been found guilty in a district court of a crime upon verdict or plea, the court, except in cases of [capital murder or] murder of the first or second degree, kidnaping in the first degree, sexual assault, or an offense for which the suspension of sentence or the granting of probation is expressly forbidden, may by its order suspend the execution of the sentence imposed and grant probation to the convicted person as the judge thereof deems advisable. The court may grant probation to a person convicted of [the infamous crime against nature, of] indecent or obscene exposure or of lewdness only if a certificate of a psychiatrist, as required by NRS [201.190 and] 201.210 to 201.230, inclusive, is received by the court.

      2.  The district judge shall not grant probation until a written report is received by him from the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 30 days following a request for a probation investigation from the county clerk, and if no report is submitted by the chief parole and probation officer within 30 days the district judge may grant probation without the written report.


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ê1979 Statutes of Nevada, Page 1461 (Chapter 655, SB 9)ê

 

parole and probation officer shall submit a written report not later than 30 days following a request for a probation investigation from the county clerk, and if no report is submitted by the chief parole and probation officer within 30 days the district judge may grant probation without the written report.

      3.  In issuing the order granting probation, the court may fix the terms and conditions thereof, including a requirement for restitution as provided in NRS 176.189, except that the court shall not suspend the execution of a sentence of imprisonment after the defendant has begun to serve it.

      4.  In placing any defendant on probation or in granting any defendant a suspended sentence, the court shall direct that he be placed under the supervision of the chief parole and probation officer.

      5.  The court shall also, upon the entering of the order of probation or suspension of sentence, as provided for in NRS 176.175 to 176.245, inclusive, direct the clerk of the court to certify a copy of the records in the case and deliver the copy to the chief parole and probation officer.

      Sec. 133.  NRS 207.090 is hereby amended to read as follows:

      207.090  1.  It [shall be] is unlawful for any convicted person to be or remain in the State of Nevada for a period of more than 48 hours without, during such 48-hour period, registering with the sheriff of any county or the chief of police of any city in the manner [hereinafter] prescribed [.] in this section.

      2.  Any convicted person who does not reside in the State of Nevada but who has a temporary or permanent place of abode outside the State of Nevada, and who comes into the state on five occasions or more during any 30-day period, [shall be] is subject to the provisions of NRS 207.080 to 207.150, inclusive.

      3.  Any person who has once registered as a convicted person, with the sheriff of any county or the chief of police of any city, [shall not be] is not required to register again, except as provided in NRS 207.100; but any person convicted of any of the crimes enumerated in paragraph [(d)] (c) of subsection 1 of NRS 207.080 shall register as provided in this section, regardless of whether he has previously so registered as a convicted person by reason of his conviction of some crime other than those enumerated in paragraph [(d)] (c) of subsection 1 of NRS 207.080.

      4.  Every person required by this section to register shall do so by filing with the sheriff or chief of police a statement in writing, signed by such person, upon a form prescribed and furnished by the sheriff or chief of police, giving the following information:

      (a) His true name and all aliases which he has used or under which he may have been known.

      (b) A full and complete description of his person.

      (c) The kind, character and nature of each crime of which he has been convicted.

      (d) The place where each of such crimes was committed and the place or places of conviction.

      (e) The name under which he was convicted in each instance and the date thereof.


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ê1979 Statutes of Nevada, Page 1462 (Chapter 655, SB 9)ê

 

      (f) The name, if any, and the location of each prison, reformatory, jail or other penal institution in which he was confined or to which he was sentenced.

      (g) The location and address of his residence, stopping place, living quarters or place of abode, and if more than one residence, stopping place or place of abode, that fact must be stated and the location and address of each given.

      (h) A statement of the kind of residence, stopping place, or place of abode in which he resides, whether [the same] it is temporary or permanent; that is, whether [the same] it is a private residence, hotel, apartment house or other building or structure.

      (i) The length of time he has occupied each such place of residence, stopping place or place of abode; and the length of time he expects or intends to remain in the State of Nevada.

      (j) Such other and further information as may be required by the sheriff or chief of police for the purpose of aiding and assisting in carrying into effect the provisions and intent of NRS 207.080 to 207.150, inclusive.

      5.  When so ordered in the individual case by the district court in which the conviction was obtained, by the state board of parole commissioners or by the state board of pardons commissioners, whichever is appropriate, the provisions of this section [shall] do not apply to a convicted person who has had his civil rights restored.

      Sec. 134.  NRS 218.560 is hereby amended to read as follows:

      218.560  Every person who fraudulently alters the draft of any bill or resolution which has been presented for enactment or adoption to either house of the legislature, with intent to procure its enactment or adoption by either house in language different from that intended by such house, shall be punished by a fine of not more than [$2,000,] $5,000, or imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.

      Sec. 135.  NRS 218.570 is hereby amended to read as follows:

      218.570  Every person who fraudulently alters the enrolled copy of any bill or resolution which has been passed or adopted by the legislature, with intent to procure it to be approved by the governor, or certified by the secretary of state, or printed or published by the superintendent of the department of state printing in language different from that in which it was passed or adopted by the legislature, shall be punished by a fine of not more than [$2,000,] $5,000, or imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment.

      Sec. 136.  NRS 218.590 is hereby amended to read as follows:

      218.590  Every person who [shall give, offer or promise,] gives, offers or promises, directly or indirectly, any compensation, gratuity or reward to a member of the legislature, or [attempt,] attempts, directly or indirectly, by menace, deceit, suppression of truth or other corrupt means, to influence such member to give or withhold his vote or to absent himself from the house of which he is a member or from any committee thereof, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both [.] fine and imprisonment.


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ê1979 Statutes of Nevada, Page 1463 (Chapter 655, SB 9)ê

 

      Sec. 137.  NRS 218.600 is hereby amended to read as follows:

      218.600  Every member of either house of the legislature of the state who [shall ask or receive,] asks or receives, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon an agreement or understanding that his official vote, opinion, judgment or action [shall] will be influenced thereby, or [shall] will be given in any particular manner, or upon any particular side of any question or matter upon which he may be required to act in his official capacity, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both [.] fine and imprisonment.

      Sec. 138.   NRS 233.210 is hereby amended to read as follows:

      233.210  Any person who willfully resists, prevents, impedes or interferes with the commission, its members, the director or agents in the performance of duties pursuant to this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be fined not [less than $100 nor] more than $500.

      Sec. 139.  NRS 239.300 is hereby amended to read as follows:

      239.300  [If any person shall:

      1.  Steal, embezzle, corrupt, alter, withdraw, falsify or avoid] Any person who:

      1.  Steals, embezzles, corrupts, alters, withdraws, falsifies or avoids any record, process, charter, gift, grant, conveyance, bond or contract; [or]

      2.  Knowingly or willfully, [take off, discharge or conceal] takes off, discharges or conceals any issue, forfeited recognizance or other forfeiture; [or]

      3.  [Forge, deface or falsify] Forges, defaces or falsifies any document or instrument recorded, or any registered acknowledgment or certificate; or

      4.  [Alter, deface or falsify] Alters, defaces or falsifies any minute, document, book or any proceedings [whatever] of or belonging to any public office within this state,

[he] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      Sec. 140.  NRS 239.310 is hereby amended to read as follows:

      239.310  Every person who [shall] willfully and unlawfully [remove, alter, mutilate, destroy, conceal or obliterate] removes, alters, mutilates, destroys, conceals or obliterates a record, map, book, paper, document or other thing filed or deposited in a public office, or with any public officer, by authority of law, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than [$1,000,] $5,000, or by both [.] fine and imprisonment.

      Sec. 141.  NRS 239.320 is hereby amended to read as follows:

      239.320  Every officer who [shall mutilate, destroy, conceal, erase, obliterate or falsify] mutilates, destroys, conceals, erases, obliterates or falsifies any record or paper appertaining to his office, shall be punished by imprisonment in the state prison for not more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both [.]


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ê1979 Statutes of Nevada, Page 1464 (Chapter 655, SB 9)ê

 

a fine of not more than [$5,000,] $10,000, or by both [.] fine and imprisonment.

      Sec. 142.  NRS 281.190 is hereby amended to read as follows:

      281.190  1.  If any officer whose office [shall be] is abolished by law, or who, after the expiration of the term for which he [may be] is appointed or elected, or after he [shall have] has resigned, or when legally removed from office, [shall] willfully or unlawfully [withhold or detain] withholds or detains from his successor, or other person entitled thereto by law, the records, papers, documents or other writings pertaining or belonging to his office, or [mutilate, destroy or take away the same,] mutilates, destroys or takes away any such writing, the person so offending shall [, upon conviction thereof,] be punished by imprisonment in the state prison for a term of not less than 1 year nor more than [11 years.] 10 years, and may be further punished by a fine of not more than $10,000.

      2.  The provisions of this section [shall] apply to any person [or persons who have] who has such records, documents, papers or other writings in his [, her or their] possession, and [shall willfully mutilate, withhold or detain the same.] willfully mutilates, withholds or detains them.

      Sec. 143.  NRS 281.230 is hereby amended to read as follows:

      281.230  1.  The following persons shall not, in any manner, directly or indirectly, receive any commission, personal profit or compensation of any kind inconsistent with loyal service to the people resulting from any contract or other transaction in which the employing state, county, municipality, township, district or quasi-municipal corporation is in any way interested or affected:

      (a) State, county, municipal, district and township officers of the State of Nevada;

      (b) Deputies and employees of state, county, municipal, district and township officers; and

      (c) Officers and employees of quasi-municipal corporations.

      2.  Any contract or transaction prohibited by this section entered into with any of the persons designated in subsection 1, with the knowledge of the party so entering into the same, is void.

      3.  Every person violating any of the provisions of this section shall be punished as provided in NRS 197.230 and:

      (a) Where [such] the commission, personal profit or compensation is $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,] $10,000, or by both fine and imprisonment.

      (b) Where [such] the commission, personal profit or compensation is less than $100, for a misdemeanor.

      Sec. 144.  NRS 293.584 is hereby amended to read as follows:

      293.584  Any person who bribes, offers to bribe, or uses any other corrupt means, directly or indirectly, to influence any elector in giving his vote or to deter him from giving it shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than [$1,000,] $5,000, or by both fine and imprisonment.


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ê1979 Statutes of Nevada, Page 1465 (Chapter 655, SB 9)ê

 

      Sec. 145.  NRS 351.060 is hereby amended to read as follows:

      351.060  Any person who with intent to defraud uses on a public security or an instrument of payment:

      1.  A facsimile signature, or any reproduction of it, of any authorized officer; or

      2.  Any facsimile seal, or any reproduction of it, of this state or any of its departments, agencies or other instrumentalities or of any of its political subdivisions,

shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      Sec. 146.  NRS 353.255 is hereby amended to read as follows:

      353.255  1.  The sums appropriated for the various branches of expenditure in the public service of the state shall be applied solely to the objects for which they are respectively made, and for no others.

      2.  Any person violating the provisions of subsection 1 shall be punished by a fine of not more than [$300.] $500.

      Sec. 147.  NRS 356.110 is hereby amended to read as follows:

      356.110  Every state officer or employee who willfully violates:

      1.  Section 1 of [this act] chapter 8, Statutes of Nevada 1979, is guilty of a misdemeanor.

      2.  Any of the other provisions of NRS 356.010 to 356.100, inclusive, is guilty of malfeasance in office, and [upon conviction thereof] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      Sec. 148.  NRS 361.540 is hereby amended to read as follows:

      361.540  1.  If, in any instance, the county assessor [shall be] is unable to find, seize and sell sufficient of the property of such person, persons, company or corporation to pay such taxes and costs of sale, and such person, persons, company or corporation [shall neglect or refuse] neglects or refuses to turn out to the county assessor property sufficient to pay such taxes and costs of sale, the county assessor shall, if the sum exceeds $300, go before the district court or the judge thereof, at chambers, and in cases where the sum is $300 and less, then before a justice of the peace of the township wherein such person may reside, and make an affdavit of:

      (a) The fact of assessment.

      (b) The amount of taxes.

      (c) The inability to find and seize property sufficient to pay such taxes and costs of sale.

      (d) The fact of neglect or refusal to pay the same, or turn out property sufficient to pay the same and cost of sale.

      2.  On the filing of such affidavit, the court or judge, or justice of the peace, as the case may be, shall issue a citation ordering the person to appear forthwith, or at a subsequent period not to exceed 5 days, before such court, judge or justice of the peace to answer under oath concerning his property.

      3.  If it appears from the affidavit of the county assessor that such person owing such taxes is about to absent himself from the county or is about to convey his property with intent fraudulently to evade the payment of such taxes, the citation may direct the officer serving the same to arrest such person and bring him before the court, judge or justice of the peace issuing the same.


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ê1979 Statutes of Nevada, Page 1466 (Chapter 655, SB 9)ê

 

is about to convey his property with intent fraudulently to evade the payment of such taxes, the citation may direct the officer serving the same to arrest such person and bring him before the court, judge or justice of the peace issuing the same.

      4.  The citation may be served by the county assessor, sheriff or any constable of the county, and shall be served by delivering a copy thereof to such person personally. For service under the provisions of this section, such fees shall be allowed as for similar services in civil cases, to be collected only from persons owing such taxes.

      5.  It is unlawful for any person served with the citation mentioned in this section to sell or transfer his property or effects, so as to defeat the collection of taxes or costs, or any part thereof. Any person [violating] who violates the provisions of this subsection shall be punished by a fine [not to exceed $200.] of not more than $250.

      6.  On the examination, if it [shall appear] appears that such person has any money, goods, chattels or effects, the judge or justice of the peace shall order sufficient thereof to be turned out to the county assessor to satisfy such taxes and costs of sale, and also costs of proceeding on the citation. In case of a willful neglect or refusal by such person either to obey the order of citation or the order to pay, or to turn out property as ordered, such person [shall be deemed] is in contempt of such court, judge or justice of the peace, and may be proceeded against as in other cases of contempt in civil cases in the courts of justice in this state.

      7.  Should the taxes fail to be collected by such process, then no future liability shall attach to the county assessor therefor.

      8.  In other respects than provided in this section, the proceedings under this section shall be conducted as provided in NRS 21.270 to 21.340, inclusive, regulating proceedings supplementary to execution.

      Sec. 149.  NRS 364.090 is hereby amended to read as follows:

      364.090  Any person who issues, has in his possession with intent to issue or puts in circulation any other licenses than those properly issued under the provisions of law, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      Sec. 150.  NRS 364.140 is hereby amended to read as follows:

      364.140  1.  Every person required by the laws of this state to obtain a license for the transaction of any kind of business in any fixed or certain locality therein shall post such license conspicuously in his establishment or place of business, and keep [the same] it so conspicuously posted until the license has expired or he ceases to transact such business.

      2.  Any person who shall fail to post or keep posted a license as required by this section shall be fined not more than [$100.] $250.

      Sec. 151.  NRS 364.150 is hereby amended to read as follows:

      364.150  Any person who [shall vend,] vends, by wholesale or retail, any spirituous, malt or vinous liquors, or any goods, wares or merchandise within any county in this state without first obtaining a license so to do, as required by law, shall be punished by a fine of not more than [$200] $250 for each offense.


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ê1979 Statutes of Nevada, Page 1467 (Chapter 655, SB 9)ê

 

      Sec. 152.  NRS 369.495 is hereby amended to read as follows:

      369.495  1.  It is unlawful for any person to make, store, possess or transport liquor with intent to defraud the state.

      2.  Every person who violates the provisions of this section shall be punished by a fine of not more than [$5,000,] $10,000, or by imprisonment in the state prison for not less than 1 year nor more than 10 years or by both fine and imprisonment.

      Sec. 153.  NRS 370.380 is hereby amended to read as follows:

      370.380  1.  It shall be unlawful for any person, with intent to defraud the state:

      (a) To alter, forge or counterfeit any license, stamp or cigarette tax meter impression provided for in this chapter; [or]

      (b) To have in his possession any forged, counterfeited, spurious or altered license, stamp or cigarette tax meter impression, with intent to use the same, knowing or having reasonable grounds to believe the same to be such; [or]

      (c) To have in his possession one or more cigarette stamps or cigarette tax meter impressions which he knows have been removed from the pieces of packages or packages of cigarettes to which they were affixed; [or]

      (d) To affix to any piece of a package or package of cigarettes a stamp or cigarette tax meter impression which he knows has been removed from any other piece of a package or package of cigarettes; or

      (e) To have in his possession for the purpose of sale cigarettes which do not bear indicia of Nevada excise tax stamping. Presence of such cigarettes in a cigarette vending machine shall be prima facie evidence of the purpose to sell.

      2.  Any person who violates any of the provisions of subsection 1 shall be guilty of a misdemeanor on the first offense and upon the second or more shall be punished by a fine of not more than [$5,000,] $10,000, or by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by both fine and imprisonment.

      Sec. 154.  NRS 390.230 is hereby amended to read as follows:

      390.230  1.  The textbooks adopted by the state board of education shall be used in the public schools in the state and no other books shall be used as basic textbooks.

      2.  This section shall not [be interpreted in such a manner as to] prohibit:

      (a) The continued use of such textbooks previously approved until they become unserviceable.

      (b) The use of supplemental textbooks purchased by a school district with the approval of the superintendent of public instruction.

      (c) After approval by the commission, the temporary use of textbooks for tryout purposes.

      3.  Any school officer or teacher who [shall violate] violates the provisions of this chapter or [not] knowingly fails to follow the rules and regulations of the commission shall be punished by a fine of not more than [$100.] $250.


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ê1979 Statutes of Nevada, Page 1468 (Chapter 655, SB 9)ê

 

      4.  All superintendents, principals, teachers and school officers are charged with the execution of this section.

      Sec. 155.  NRS 392.400 is hereby amended to read as follows:

      392.400  1.  All vehicles used in the transportation of pupils shall be:

      (a) In good condition and state of repair.

      (b) Well equipped, and shall contain sufficient room and seats so that the driver and each pupil being transported shall be a seat inside the vehicle. Each pupil shall remain seated when the vehicle is in motion.

      (c) Inspected semiannually by the department of motor vehicles to insure that such vehicles are mechanically safe and meet the minimum specifications established by the state board of education. The department of motor vehicles shall make written recommendations to the superintendent of schools of the school district wherein such vehicle is operating for the correction of any defects discovered thereby.

      2.  If the superintendent of schools fails or refuses to take appropriate action to have such defects corrected within 10 days after receiving notice thereof from the department of motor vehicles, he shall be guilty of a misdemeanor, and upon conviction thereof may be removed from office.

      3.  All vehicles used for transporting pupils shall meet the specifications determined by the state board of education.

      4.  Any person violating any of the requirements of this section [shall be] is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not less than 15 days nor more than 6 months, or by both fine and imprisonment.]

      Sec. 156.  NRS 403.151 is hereby amended to read as follows:

      403.151  1.  A county road supervisor shall not:

      (a) Directly or indirectly represent or act for any manufacturing concern, corporation or natural person selling or handling machinery, implements or material which may be used in road work. No machinery, implement or material used in road work, except items which cost less than $50 and are usually kept in stock and sold at usual prices, may be purchased from any manufactory, store or concern in which the county road supervisor is interested directly or indirectly.

      (b) Receive any gift or reward for recommending, suggesting or influencing the expenditure of money for any such machinery, implement or material.

      2.  Every contract made in violation of this section is void.

      3.  Any county road supervisor who violates this section shall be removed from office, [shall forfeit] forfeits his bond and shall be punished:

      (a) Where paragraph (b) of subsection 1 is violated, 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.] $10,000.

      (b) Where paragraph (a) of subsection 1 is violated, for a gross misdemeanor.


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ê1979 Statutes of Nevada, Page 1469 (Chapter 655, SB 9)ê

 

      Sec. 157.  NRS 405.110 is hereby amended to read as follows:

      405.110  1.  No advertising signs, signboards, boards or other materials containing advertising matter shall:

      (a) Be placed upon or over any state highway.

      (b) Be placed within the highway right-of-way.

      (c) Be placed upon any bridge or other structure thereon.

      (d) Be so situated with respect to any public highway as to obstruct clear vision of an intersecting highway or highways or otherwise so situated as to constitute a hazard upon or prevent the safe use of the state highway.

      2.  With the permission of the department of highways, counties, towns or cities of the State of Nevada may place at such points as may be designated by the state highway engineer suitable signboards advertising such counties, towns or municipalities.

      3.  If any such sign is placed in violation of this section it is thereby declared a public nuisance and may be removed forthwith by the department of highways or its employees.

      4.  Any person placing any such sign in violation of the provisions of this section shall be punished by a fine of not more than [$50,] $250, and [shall also be] is also liable in damages for any injury or injuries incurred or for injury to or loss of property sustained by any person by reason of violation of the provisions of this section.

      Sec. 158.  NRS 439.580 is hereby amended to read as follows:

      439.580  1.  Any local health officer or his deputy who [shall neglect or fail] neglects or fails to enforce the provisions of this chapter in his jurisdiction, or [shall neglect or refuse] neglects or refuses to perform any of the duties imposed upon him by this chapter or by the instructions and directions of the health division shall be punished by a fine of not more than [$100.] $250.

      2.  Each person [violating] who violates any of the provisions of this chapter or [refusing or neglecting] refuses or neglects to obey any lawful order, rule or regulation of the state board of health or [violating] violates any rule or regulation approved by the state board of health pursuant to NRS 439.350, 439.410 and 439.460 [shall be] is guilty of a misdemeanor.

      Sec. 159.  NRS 440.720 is hereby amended to read as follows:

      440.720  Any physician who was in medical attendance upon any deceased person at the time of death who [shall neglect or refuse] neglects or refuses to make out and deliver to the undertaker, sexton or other person in charge of the interment, removal or other disposition of the body, upon request, the medical certificate of the cause of death shall be punished by a fine of not more than [$50.] $250.

      Sec. 160.  NRS 440.730 is hereby amended to read as follows:

      440.730  If any physician [shall knowingly make] knowingly makes a false certification of the cause of death in any case, he shall be punished by a fine of not more than [$200.] $250.

      Sec. 161.  NRS 440.740 is hereby amended to read as follows:

      440.740  Any physician or midwife in attendance upon a case of confinement or any person charged with responsibility for reporting births who [shall neglect or refuse] neglects or refuses to file a proper certificate of birth with the local health officer within the time required by law shall be punished by a fine of not more than [$50.]


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ê1979 Statutes of Nevada, Page 1470 (Chapter 655, SB 9)ê

 

births who [shall neglect or refuse] neglects or refuses to file a proper certificate of birth with the local health officer within the time required by law shall be punished by a fine of not more than [$50.] $250.

      Sec. 162.  NRS 440.750 is hereby amended to read as follows:

      440.750  Any undertaker, sexton or other person acting as undertaker who inters, removes or otherwise disposes of the body of any deceased person without having received a burial or removal permit shall be punished by a fine of not more than [$100.] $250.

      Sec. 163.  NRS 440.770 is hereby amended to read as follows:

      440.770  Any person who [shall furnish] furnishes false information to a physician, undertaker, midwife or informant for the purpose of making incorrect certification of births or deaths shall be punished by a fine of not more than [$100.] $250.

      Sec. 164.  NRS 442.110 is hereby amended to read as follows:

      442.110  Any physician, midwife, nurse, manager or person in charge of a maternity home or hospital, parent, relative or person attending upon or assisting at the birth of an infant who violates any of the provisions of NRS 442.030 to 442.100, inclusive, shall be punished by a fine of not more than [$100.] $250.

      Sec. 165.  NRS 451.030 is hereby amended to read as follows:

      451.030  1.  Every person who [shall remove] removes the dead body of a human being, or any part thereof, from a grave, vault or other place where [the same] it has been buried or deposited awaiting burial or cremation, without authority of law, with intent to sell [the same,] it, or for the purpose of securing a reward for its return, or for dissection, or from malice or wantonness, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than [$1,000, or by both imprisonment and fine.] $5,000, or by both fine and imprisonment.

      2.  Every person who [shall purchase or receive,] purchases or receives, except for burial or cremation, any such dead body, or any part thereof, knowing that [the same] it has been removed contrary to the provisions of subsection 1, shall be punished by imprisonment in the state prison for not less than 1 year nor more than [3] 6 years, or by a fine of not more than [$1,000, or by both imprisonment and fine.] $5,000, or by both fine and imprisonment.

      3.  Every person who [shall open] opens a grave or other place of interment, temporary or otherwise, or a building where such dead body is deposited while awaiting burial or cremation, with intent to remove the body or any part thereof, for the purpose of selling or demanding money for [the same,] it, for dissection, from malice or wantonness, or with intent to sell or remove the coffin or any part thereof or anything attached thereto, or any vestment or other article interred or intended to be interred with the body, shall be punished by imprisonment in the state prison for not less than 1 year nor more than [3] 6 years, or by a fine of not more than [$1,000, or by both imprisonment and fine.] $5,000, or by both fine and imprisonment.

      Sec. 166.  NRS 451.060 is hereby amended to read as follows:

      451.060  1.  Any transportation company or common carrier transporting or carrying, or accepting through its agents or employees for transportation or carriage, the body of any deceased person, without an accompanying permit issued in accordance with law, shall be punished by a fine of not more than [$200.]


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ê1979 Statutes of Nevada, Page 1471 (Chapter 655, SB 9)ê

 

transportation or carriage, the body of any deceased person, without an accompanying permit issued in accordance with law, shall be punished by a fine of not more than [$200.] $250. If the death occurred outside of the state and the body is accompanied by a burial, removal or transit permit issued in accordance with the law or board of health regulations in force where the death occurred, such burial, removal or transit permit may be held to authorize the transportation or carriage of the body into or through the state.

      2.  Any railroad, transportation or express company which [shall receive] receives for transportation and shipment any dead human body, unless the body has been prepared by a regularly licensed embalmer of the State of Nevada, with the removal permit, his name and the number of his embalmer’s license attached thereon, and unless the body shall reach its destination within the boundaries of this state within 30 hours from time of death, shall be punished by a fine of not more than $500.

      Sec. 167.  NRS 453.316 is hereby amended to read as follows:

      453.316  1.  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 less than 1 year nor more than 10 years, and may be further punished by a fine of not more than $10,000, 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 [.] , and may be further punished by a fine of not more than $20,000. 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. 167.5.  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, give away or administer a controlled or counterfeit substance or to offer or attempt to do any such act.

      2.  If a 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.] $20,000.

      (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.]


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ê1979 Statutes of Nevada, Page 1472 (Chapter 655, SB 9)ê

 

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.] $20,000.

      (c) For a third or subsequent offense, of 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.] $10,000.

      (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 or not more than [$5,000.] $15,000.

      (c) For a third or subsequent offense, of 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 or not more than [$10,000] $20,000 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. 168.  NRS 453.326 is hereby amended to read as follows:

      453.326  1.  It is unlawful for any person:

      (a) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under the provisions of NRS 453.011 to 453.551, inclusive; [or]

      (b) To refuse an entry into any premises for any inspection authorized by the provisions of NRS 453.011 to 453.551, inclusive; or

      (c) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft or other structure or place which is resorted to by persons using controlled substances in violation of the provisions of NRS 453.011 to 453.551, inclusive, for the purpose of using these substances, or which is used for keeping or selling them in violation of such sections.


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ê1979 Statutes of Nevada, Page 1473 (Chapter 655, SB 9)ê

 

using these substances, or which is used for keeping or selling them in violation of such sections.

      2.  Any person who violates this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than [$2,000.] $5,000.

      Sec. 169.  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.] $5,000.

      (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.] $10,000.

      (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.] $20,000.

      (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.] $5,000.

      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.


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ê1979 Statutes of Nevada, Page 1474 (Chapter 655, SB 9)ê

 

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 possibility of his rehabilitation; and

      (b) Conduct a hearing at which evidence may be presented as to the possibility of rehabilitation 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 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.

      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. 170.  NRS 453.338 is hereby amended to read as follows:


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ê1979 Statutes of Nevada, Page 1475 (Chapter 655, SB 9)ê

 

      453.338  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.] $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 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.] $10,000.

      (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. 171.  NRS 453.411 is hereby amended to read as follows:

      453.411  1.  It is unlawful for any person knowingly to use or be under the influence of a controlled substance except in accordance with a prescription issued to such person by a physician, podiatrist or dentist.

      2.  It is unlawful for any person knowingly to use or be under the influence of a controlled substance except when administered to such person at a rehabilitation clinic established or licensed by the health division of the department of human resources, or a hospital certified by the department.

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

      (a) 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.] $5,000.

      (b) 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.

      Sec. 172.  NRS 453.421 is hereby amended to read as follows:

      453.421  Any person who violates any provision of NRS 453.371 to 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.] $5,000.

      Sec. 173.  NRS 454.306 is hereby amended to read as follows:


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ê1979 Statutes of Nevada, Page 1476 (Chapter 655, SB 9)ê

 

      454.306  Every person who violates any provision of NRS 454.181 to 454.381, inclusive, by use of a minor as an agent or by unlawfully furnishing any dangerous drug to a minor shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      Sec. 174.  NRS 454.326 is hereby amended to read as follows:

      454.326  Every person who, in order to obtain any dangerous drug, falsely represents himself in a telephone conversation with a pharmacist to be a physician or other person who can lawfully prescribe such drugs or to be acting in behalf of a person who can lawfully prescribe drugs: [is:]

      1.  For the first offense, is guilty of a misdemeanor.

      2.  For any subsequent offense, [guilty of a felony.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 175.  NRS 455.040 is hereby amended to read as follows:

      455.040  1.  The notice thus served shall require the person or persons to appear before the justice or judge issuing the same, at a time to be stated therein, not less than 3 days nor more than 10 days from the service of the notice, and show, to the satisfaction of the court, that the provisions of this chapter have been complied with, or if he or they fail to appear, judgment will be entered against him or them for double the amount stated in the notice on file.

      2.  All proceedings had therein shall be as prescribed by law in civil cases.

      3.  Such persons, in addition to any judgment that may be rendered against them, [shall be] are liable and subject to a fine not exceeding the sum of [$100] $250 for each violation of the provisions of this chapter, which judgments and fines shall be adjudged and collected as provided for by law.

      Sec. 176.  NRS 457.220 is hereby amended to read as follows:

      457.220  Every person convicted of a violation of any provision of this chapter, who has previously been convicted twice or more of violations of any provisions of this chapter, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      Sec. 177.  NRS 465.070 is hereby amended to read as follows:

      465.070  1.  Every person in a licensed gaming establishment who, by color, or aid of any trick or sleight-of-hand performance, or by any fraud or fraudulent scheme, cards, dice or device, wins or attempts to win for himself or for another, or unlawfully delivers or attempts to deliver to another any money or property, or representative of either, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      2.  Every person who entices or induces another, upon any pretense, to go to any place where any gambling game, scheme or device, or any trick, sleight-of-hand performance, fraud or fraudulent scheme, cards, dice or device is being conducted or operated; or while in such place entices or induces another to bet, wager or hazard any money or property, or representative of either, upon any such game, scheme, device, trick, sleight-of-hand performance, fraud or fraudulent scheme, cards, dice or device, or to execute any obligation for the payment of money, or delivery of property, or to lose, advance, or loan any money or property, or representative of either, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.


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ê1979 Statutes of Nevada, Page 1477 (Chapter 655, SB 9)ê

 

trick, sleight-of-hand performance, fraud or fraudulent scheme, cards, dice or device is being conducted or operated; or while in such place entices or induces another to bet, wager or hazard any money or property, or representative of either, upon any such game, scheme, device, trick, sleight-of-hand performance, fraud or fraudulent scheme, cards, dice or device, or to execute any obligation for the payment of money, or delivery of property, or to lose, advance, or loan any money or property, or representative of either, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      Sec. 178.  NRS 465.080 is hereby amended to read as follows:

      465.080  1.  It is unlawful for any person playing any licensed gambling game:

      (a) To use bogus or counterfeit chips, or to substitute and use in any such game cards or dice that have been marked, loaded or tampered with;

      (b) To employ or have on his person any cheating device to facilitate cheating in such games; or

      (c) To use any fraudulent scheme or technique, including but not limited to purposefully breaking or damaging any part of any slot machine or otherwise causing the machine to malfunction, to facilitate the alignment of any winning combination or the removal of money from the machine.

      2.  It is unlawful for any person, in playing or using any slot machine designed to receive or be operated by lawful coin of the United States of America:

      (a) Knowingly to use other than lawful coin, legal tender of the United States of America, or coin not of the same denomination as the coin intended to be used in such slot machine, except that in the playing of any slot machine, it is lawful for any such person to use tokens or similar objects therein which are approved by the state gaming control board; or

      (b) To use any cheating or thieving device, including but not limited to tools, drills, wires, coins attached to strings or wires or electronic or magnetic devices, to unlawfully facilitate aligning any winning combination or removing from any slot machine money or other contents thereof.

      3.  It is unlawful for any person, not a duly authorized employee of a licensed gaming establishment acting in furtherance of his employment within such establishment, to have on his person or in his possession while on the premises of such establishment any cheating or thieving device, including, but not limited to, tools, wires, drills, coins attached to strings or wires, electronic or magnetic devices to facilitate removing from any slot machine any money or other contents thereof.

      4.  It is unlawful for any person, not a duly authorized employee of a licensed gaming establishment acting in furtherance of his employment within such establishment, to have on his person or in his possession while on the premises of any licensed gaming establishment any key or device known to have been designed for the purpose of and suitable for opening or entering any slot machine or drop box.


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ê1979 Statutes of Nevada, Page 1478 (Chapter 655, SB 9)ê

 

      5.  Any violator of the provisions of this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      6.  As used in this section, the term “slot machine” has the meaning ascribed to it in NRS 463.0127.

      Sec. 179.  NRS 465.083 is hereby amended to read as follows:

      465.083  1.  It is unlawful:

      (a) To conduct, carry on, operate, deal or allow to be conducted, carried on, operated or dealt any cheating or thieving game or device; or

      (b) To deal, conduct, carry on, operate or expose for play any game or games played with cards, dice or any mechanical device, or any combination of games or devices, which have in any manner been marked or tampered with, or placed in a condition, or operated in a manner, the result of which:

             (1) Tends to deceive the public; or

             (2) Tends to alter the normal random selection of criteria which determine the result of the game.

      2.  The use of marked cards, loaded dice, plugged or tampered-with machines or devices to deceive the public is expressly made unlawful.

      3.  Any person who violates the provisions of this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      Sec. 180.  NRS 465.085 is hereby amended to read as follows:

      465.085  1.  It is unlawful to manufacture or sell or to possess with intent to defraud:

      (a) Any cheating or thieving game or device;

      (b) Any game or games played with cards, dice or any mechanical device;

      (c) Any combination of such games or devices; or

      (d) Any bogus or counterfeit chip,

which may have in any manner been marked or tampered with to deceive the public.

      2.  Any person who violates the provisions of this section shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      Sec. 181.  NRS 465.090 is hereby amended to read as follows:

      465.090  1.  It is unlawful for any person, firm or corporation to furnish or disseminate any information [whatever] in regard to racing or races, from any point within this state to any point [without] outside the State of Nevada, by means of telephone, telegraph, teletype, radio or any signaling device, with the intention that such information is to be used to induce betting or wagering on the result of such race or races, or with the intention that such information is to be used to decide the result of any bet or wager made upon such race or races.

      2.  [Nothing in this section shall be construed as to] This section does not prohibit newspapers of general circulation from printing and disseminating news concerning races that are to be run or the results of races that have been run.


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ê1979 Statutes of Nevada, Page 1479 (Chapter 655, SB 9)ê

 

disseminating news concerning races that are to be run or the results of races that have been run.

      3.  Any [violation of] person who violates the provisions of this section [shall be a felony and] shall be [punishable by a fine of not more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 3 years,] punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 182.  NRS 466.220 is hereby amended to read as follows:

      466.220  1.  Any person failing to appear before the Nevada racing commission at the time and place specified in answer to a summons issued pursuant to NRS 466.180, or refusing to testify, [shall be] is guilty of a misdemeanor.

      2.  [Any false swearing on the part of any witness having appeared before the commission shall be deemed perjury and shall be punished as such.

      3.] Any person aiding or abetting in the conduct of any meeting within the State of Nevada at which races of horses or greyhounds are permitted for any stake, purse or reward, except in accordance with a license duly issued and unsuspended or unrevoked by the Nevada racing commission, [shall be] is guilty of a gross misdemeanor.

      [4.]3.  Any violation of the provisions of this chapter, or the [rules and] regulations of the commission, for which no other penalty is provided in this section is a misdemeanor.

      Sec. 183.  NRS 473.090 is hereby amended to read as follows:

      473.090  1.  Except as otherwise provided in this section, it [shall be] is unlawful within the boundaries of any fire protection district organized under this chapter for any person, firm, association, corporation or agency to burn, or cause to be burned, any brush, grass, logs or any other inflammable material, or blast with dynamite, powder or other explosive, or set off fireworks, or operate a welding torch, tarpot or any other device that may cause a fire in forest, grass or brush, either on his own land or on the land of another, or on public land, unless such burning or act is done under a written permit from the state forester firewarden or his duly authorized agent and in strict accordance with the terms of the permit.

      2.  Written permission [shall not be] is not necessary:

      (a) At any time during the year when the state forester firewarden determines that no fire hazard exists.

      (b) To burn materials in screened, safe incinerators, or in incinerators approved by the state forester firewarden or his duly authorized agent, or in small heaps or piles, where the fire is set on a public road, corrals, gardens or ploughed fields, and at a distance not less than 100 feet from any woodland, timber or brush-covered land or field containing dry grass or other inflammable material with at least one adult person in actual attendance at such fire at all times during its burning.

      3.  [Nothing in this section shall be construed to] This section does not prevent the issuance of an annual permit to any public utility covering its usual and emergency operation and maintenance work within the district.


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ê1979 Statutes of Nevada, Page 1480 (Chapter 655, SB 9)ê

 

      4.  [No provision of this section shall be construed to] This section does not prevent the building of necessary controlled small camp and branding fires, but caution must be taken to make certain that the fire is extinguished before leaving, and, in any case where the fire [may escape] escapes and [do] does injury to the property of another, [this may be held as] such escape and injury are prima facie evidence [that such fire was not safe.] of a violation of this section.

      5.  The provisions of this section [shall] apply only to such portions of the fire protection district as are outside incorporated cities and towns.

      6.  Any person, firm, association, corporation or agency violating any of the provisions of this section [shall be] is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $10.]

      Sec. 184.  NRS 475.010 is hereby amended to read as follows:

      475.010  Every person who [shall] willfully or negligently [set or fail to carefully guard] sets or fails to guard carefully or extinguish any fire, whether on his own land or the land of another, whereby the timber or property of another [shall be] is endangered [shall be] is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $10.]

      Sec. 185.  NRS 475.020 is hereby amended to read as follows:

      475.020  Every person who, upon departing from camp or from any fire started by him in the open, willfully [and] or negligently leaves the fire or fires burning or unexhausted, or fails to extinguish [the same] them thoroughly, is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $10.]

      Sec. 186.  NRS 475.030 is hereby amended to read as follows:

      475.030  1.  It is unlawful for any person willfully or negligently:

      (a) To throw or place any lighted cigarette, cigar, ashes, match or other material which may cause a fire in any place where such lighted cigarette, cigar, match, ashes or other material may start a fire.

      (b) To throw or [place from a moving vehicle any lighted cigarette, cigar or ashes which may cause a fire.] otherwise discard from a moving vehicle any lighted cigarette, cigar, ash or other material which may cause a fire.

      2.  Any person violating any of the provisions of this section [shall be] is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $10.]

      Sec. 187.  NRS 475.050 is hereby amended to read as follows:

      475.050  Every person who [shall light] lights a pipe, cigar or cigarette in, or who [shall enter] enters with a lighted pipe, cigar or cigarette, any mill or other building on which is posted in a conspicuous place over and near each principal entrance a notice in plain, legible characters stating that no smoking is allowed in such building [shall be] is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $10.]

      Sec. 188.  NRS 475.060 is hereby amended to read as follows:

      475.060  1.  Every person, firm, corporation or association which uses or permits to be used any internal combustion engine which is operated on hydrocarbon fuels on any grass, brush or forest-covered land without providing, and maintaining in effective order, a spark arrestor attached to the exhaust system is guilty of a misdemeanor.


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ê1979 Statutes of Nevada, Page 1481 (Chapter 655, SB 9)ê

 

operated on hydrocarbon fuels on any grass, brush or forest-covered land without providing, and maintaining in effective order, a spark arrestor attached to the exhaust system is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $10.]

      2.  For the purposes of this section, a spark arrestor is a device constructed of nonflammable material specifically for the purpose of removing or retaining carbon and other flammable materials over 0.023 inch in size from the exhaust flow of an internal combustion engine that is operated on hydrocarbon fuels.

      3.  Motortrucks, truck tractors, buses and passenger vehicles, except motorcycles, are not subject to the provisions of this section if the exhaust system is equipped with an adequate and properly maintained muffler in constant operation.

      Sec. 189.  NRS 475.070 is hereby amended to read as follows:

      475.070  1.  Every person who, at any fire: [, shall be guilty of any disobedience to the lawful orders of a peace officer or fireman, or of resistance to or interference with the lawful efforts of any firemen or company of firemen to extinguish the same, or of disorderly conduct likely to interfere with the extinguishment thereof, or who shall forbid, prevent or dissuade others from assisting to extinguish such fire, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $10.]

      (a) Disobeys the lawful order of any peace officer or fireman;

      (b) Resists or interferes with any lawful effort to extinguish the fire; or

      (c) Engages in any conduct likely to interfere with the extinguishment of the fire,

is guilty of a misdemeanor.

      2.  Every person who, at the scene of an emergency, other than a fire, disobeys any of the lawful orders of a peace officer or fireman, or resists or intereferes with the lawful efforts of any firemen or company of firemen to control or handle the [same,] emergency, or conducts himself in a disorderly manner likely to interfere with the control or handling thereof, or who forbids, prevents or dissuades others from assisting to control or handle the [same, shall be] emergency, is guilty of a misdemeanor.

      Sec. 190.  NRS 475.080 is hereby amended to read as follows:

      475.080  Every person who, with intent to prevent or obstruct the extinguishment of any fire, [shall cut or remove] cuts, damages or removes any bell rope, wire or other apparatus for communicating an alarm of fire, or [cut, injure or destroy] cuts, injures or destroys any engine, hose or other fire apparatus, or otherwise [prevent or obstruct] prevents or obstructs the extinguishment of any fire, is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the loss resulting therefrom and in no event less than a misdemeanor. [, punishable by a fine of not less than $10.]

      Sec. 191.  NRS 475.090 is hereby amended to read as follows:

      475.090  Every person who [shall] willfully and maliciously [remove, damage or destroy] removes, damages or destroys any engine, hose, hose cart, truck, ladder, extinguisher or other apparatus used by any fire company or fire department [shall be] is guilty of a misdemeanor.


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ê1979 Statutes of Nevada, Page 1482 (Chapter 655, SB 9)ê

 

any fire company or fire department [shall be] is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $10.]

      Sec. 192.  NRS 475.100 is hereby amended to read as follows:

      475.100  1.  It is unlawful for any person intentionally to give or cause to be given, or turn in or cause to be turned in, any false alarm of fire. [in any city, town or community in this state.]

      2.  Any person violating any of the provisions of this section [shall be guilty of a misdemeanor, and upon conviction thereof] shall be punished: [by a fine of not less than $10.]

      (a) If the act is malicious and another person suffers death or substantial bodily harm as a result, by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (b) If the act is malicious but no death or substantial bodily harm results, for a gross misdemeanor.

      (c) Otherwise, for a misdemeanor.

      Sec. 193.  NRS 476.020 is hereby amended to read as follows:

      476.020  Every person who [shall make or keep] makes or possesses any explosive or combustible substance in any city or town, or [carry] carries it through the streets thereof in a quantity or manner prohibited by law or by ordinance of such municipality, [shall be] is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $10.]

      Sec. 194.  NRS 476.030 is hereby amended to read as follows:

      476.030  Every person who, by careless, negligent or unauthorized use or management of any explosive or combustible substance, [shall injure or cause injury] injures or causes injury to the person or property of another [shall be] is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $10.]

      Sec. 195.  NRS 476.040 is hereby amended to read as follows:

      476.040  Every person who [shall put up] offers for sale, or who [shall deliver] delivers to any warehouseman, dock, depot or common carrier any package, cask or can containing benzine, gasoline, naphtha, nitroglycerine, dynamite, powder or other explosive or combustible substance, without having printed thereon in a conspicuous place in large letters the word “Explosive,” [shall be] is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $10.]

      Sec. 196.  NRS 476.060 is hereby amended to read as follows:

      476.060  1.  Whenever there [shall be] is filed with the board of county commissioners of any county a petition signed by 10 percent of the residents of any town or incorporated city within the county, the 10 percent to be computed from the number of persons paying taxes in the town or incorporated city according to the last preceding assessment roll, praying that the storage of gunpowder, explosive or combustible materials be prohibited within the limits of such town or city, the board shall, at the meeting of such board when the petition is filed, make and enter on the minutes of its proceedings an order prohibiting the storage of explosives or combustible materials within such distance of the town or city as the board may deem safe and proper, but the distance named in the order for such storage shall not be less than one-fourth of a mile from the limits of the town or city.


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ê1979 Statutes of Nevada, Page 1483 (Chapter 655, SB 9)ê

 

or city as the board may deem safe and proper, but the distance named in the order for such storage shall not be less than one-fourth of a mile from the limits of the town or city.

      2.  The order mentioned in subsection 1 to be made by the board may be published by the clerk of the board of county commissioners for 2 weeks successively in some newspaper published and printed in the town or city to which the order applies, or a copy of the order shall be posted conspicuously in three public places in the town or city. The publication or posting shall constitute due notice to all concerned.

      3.  [Nothing contained in this section shall be so construed as to] This section does not prohibit or prevent:

      (a) The storage by any person, firm or corporation within the limit prescribed by the order of any board, of not more than 100 pounds of black and smokeless gunpowder or rifle powder, and not more than 500 gallons of kerosene oil.

      (b) The keeping within such limit of shotgun or rifle shells and cartridges and cartridge percussion caps by any business firm or individual.

      (c) The storing of powder underground in mines.

      4.  Any board of county commissioners, or any member thereof, failing, neglecting or refusing to comply with all of the provisions of subsection 1 [shall be] is guilty of a misdemeanor, [punishable by a fine of not less than $10,] and proceedings shall at once be instituted by the district attorney, or may be instituted by any citizen of the county against such board, or against any member thereof. Such conviction shall ipso facto remove such board, or any member thereof so convicted, from office. Notice of the vacancy thereby created shall be certified by the district attorney to the governor. Within 20 days from the receipt of such notice, the governor shall make appointments to fill such vacancy as may be created.

      5.  Any person, firm, company or corporation continuing to store any explosive or combustible materials within the limit prescribed by such order and notice, after 2 weeks subsequent to the giving of notice, or after 3 weeks subsequent to the making of such order, [shall be] is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $10.]

      Sec. 197.  NRS 476.070 is hereby amended to read as follows:

      476.070  1.  Any person who discharges any bullet, projectile or ammunition of any kind which is tracer or incendiary in nature on any grass, brush, forest or crop-covered land is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $10.]

      2.  This section does not apply to:

      (a) Any member of the Armed Forces of the United States or the Nevada National Guard while such member is on active duty;

      (b) Any law enforcement officer of this state or the United States; or

      (c) The possession or use of such ammunition on land owned or leased by the United States when possessed or used at the direction of an authorized official of the United States.

      Sec. 198.  NRS 483.550 is hereby amended to read as follows:


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ê1979 Statutes of Nevada, Page 1484 (Chapter 655, SB 9)ê

 

      483.550  1.  It is unlawful for any person to drive a motor vehicle upon a public street or highway in this state without being the holder of a valid driver’s license.

      2.  Any person convicted of violating the provisions of this section shall be punished by a fine of not more than [$100.] $250. The court shall require the person convicted to obtain a valid driver’s license or produce a notice of disqualification from the department.

      Sec. 199.  NRS 484.219 is hereby amended to read as follows:

      484.219  1.  The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible, and shall forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of NRS 484.223.

      2.  Every such stop shall be made without obstructing traffic more than is necessary.

      3.  Any person failing to comply with the provisions of subsection 1 [is guilty of a felony.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 200.  NRS 484.3795 is hereby amended to read as follows:

      484.3795  Any person who, while under the influence of intoxicating liquor, or a controlled substance as defined in chapter 453 of NRS, or under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent to a degree which renders him incapable of safely driving or steering a vehicle, does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle, which act or neglect of duty proximately causes the death of, or substantial bodily harm to, any person other than himself, [is guilty of a felony.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 201.  NRS 517.300 is hereby amended to read as follows:

      517.300  1.  Every person who [shall] willfully [antedate or put] antedates or puts any false date or date other than the one on which the location is made upon any notice of location of any mining claim in this state shall be [guilty of a felony, and upon conviction thereof shall be imprisoned] punished by imprisonment in the state prison for not less than [3 years] 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      2.  Every person who willfully and knowingly makes a false material statement on the location certificate or on any map required by this chapter shall be [guilty of a felony, and upon conviction thereof shall be imprisoned] punished by imprisonment in the state prison for not less than [3 years] 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      Sec. 202.  NRS 527.010 is hereby amended to read as follows:

      527.010  1.  It [shall be] is unlawful for any person or corporation to cut down or remove, or cause to be cut down or removed, any wood, timber or trees on or from any land in this state, to which land this state or any person or corporation has or may have an inchoate title, or any title less than fee simple.


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ê1979 Statutes of Nevada, Page 1485 (Chapter 655, SB 9)ê

 

or any title less than fee simple. The provisions of this subsection [shall] apply to the owner of such inchoate title, or title less than fee simple, the same as to other persons and corporations.

      2.  If any owner of an inchoate title to land in this state, or title to such land less than fee simple, or any other person or corporation, [shall violate] violates the provisions of subsection 1, such person or corporation [shall be] is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the trees, wood or timber cut down or removed, and in no event less than a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $10.]

      Sec. 203.  NRS 527.020 is hereby amended to read as follows:

      527.020  If any person [shall cut] cuts down or [remove] removes any tree, wood or timber from any land in this state, to which this state has a fee simple title, or an inchoate title, by reason of grant from the United States, such person is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the trees, wood or timber cut down or removed, and in no event less than a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $10.]

      Sec. 204.  NRS 527.050 is hereby amended to read as follows:

      527.050  1.  It is unlawful for any person, firm, company or corporation, his, its or their agent or agents, willfully or negligently:

      (a) To cut, destroy, mutilate, pick or remove any tree, shrub, plant, fern, wild flower, cacti, desert or montane flora, or any seeds, roots or bulbs of either or any of the foregoing from any private lands, without a written permit therefor from the owner or occupant or his duly authorized agent.

      (b) To cut, destroy, mutilate, pick or remove any flora on any state lands under the jurisdiction of the division of state parks of the state department of conservation and natural resources except in accordance with regulations of the division.

      (c) To cut, destroy, mutilate, pick or remove any flora declared endangered by the state forester firewarden from any lands, other than state park lands provided for in paragraph (b), owned by or under the control of the State of Nevada or the United States without a written permit therefor from the state forester firewarden or his designate. For the purposes of this subsection, the state forester firewarden may establish regulations for enforcement, including the issuance of collecting permits and the designation of state and federal agencies from which such permits may be obtained.

      2.  Every person violating the provisions of this section is guilty of a public offense proportionate to the value of the plants, flowers, trees, seeds, roots or bulbs cut, destroyed, mutilated, picked or removed, and in no event less than a misdemeanor. [, punishable by a fine of not less than $10]

      3.  The state forester firewarden and his representatives, public officials charged with the administration of reserved and unreserved lands belonging to the United States, and peace officers shall enforce the provisions of this section.

      4.  Except as to flora declared endangered by the state forester firewarden pursuant to NRS 527.270 or as to flora on state park lands regulated by the division of state parks, the provisions of this section do not apply to Indians, native to Nevada, who gather any such article for food or medicinal use for themselves or for any other person being treated by Indian religious ceremony.


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ê1979 Statutes of Nevada, Page 1486 (Chapter 655, SB 9)ê

 

do not apply to Indians, native to Nevada, who gather any such article for food or medicinal use for themselves or for any other person being treated by Indian religious ceremony.

      Sec. 205.  NRS 527.120 is hereby amended to read as follows:

      527.120  Every person who violates any provision of NRS 527.060 to 527.110, inclusive, not otherwise punishable, is guilty of a misdemeanor. [, and upon conviction thereof shall be punished by a fine of not less than $100.]

      Sec. 206.  NRS 527.250 is hereby amended to read as follows:

      527.250  1.  It is unlawful for any person, firm, company or corporation to use a mechanical device to harvest cones or pine nuts from a pinion tree on lands owned by or under the control of the State of Nevada, or on any private lands without a written permit therefor from the owner or occupant of such private lands or his authorized agent.

      2.  Any violation of the provisions of this section is a misdemeanor, punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not [less than $10 and not] more than $500, or by both fine and imprisonment.

      3.  The state forester firewarden and his representatives and all peace officers shall enforce the provisions of this section.

      Sec. 207.  NRS 528.090 is hereby amended to read as follows:

      528.090  Any person who violates any of the provisions of NRS 528.010 to 528.090, inclusive, or any of the rules or regulations made under the authority of NRS 528.010 to 528.090, inclusive, is guilty of a misdemeanor, punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not [less than $10 and not] more than $500, or by both fine and imprisonment.

      Sec. 208.  NRS 539.780 is hereby amended to read as follows:

      539.780  1.  Any person who [shall wrongfully or purposely fill up, cut, damage, injure or destroy, or in any manner impair the usefulness of any reservoir, canal, ditch, lateral, drain, headgate, dam or other work, structure or improvement constructed or acquired under the provisions of this chapter, or shall] wrongfully and maliciously [interfere] interferes with any officer, agent or employee of the district in the proper discharge of his duties, [shall be] is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of [the] any property damaged or destroyed and in no event less than a misdemeanor.

      2.  The irrigation district damaged by any such act may also bring a civil action for damages sustained by any such act, and in such proceeding the prevailing party [shall also be] is entitled to attorney’s fees and costs of court.

      Sec. 209.  NRS 564.240 is hereby amended to read as follows:

      564.240  Any county recorder who knowingly and willfully [neglecting or refusing] neglects or refuses to comply with the provisions of NRS 564.210 [and] or 564.220 shall forfeit and pay for every such neglect or refusal any sum not [less than $25 nor] more than [$100,] $250, to be recovered before any justice of the peace of the county where such neglect or refusal may occur, by any person suing therefor, together with all costs and damages that may occur by such neglect or refusal.


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ê1979 Statutes of Nevada, Page 1487 (Chapter 655, SB 9)ê

 

together with all costs and damages that may occur by such neglect or refusal.

      Sec. 210.  NRS 564.340 is hereby amended to read as follows:

      564.340  1.  It shall be unlawful for any county recorder to record any mark or brand which [shall be] is similar in form and design to any prior recorded brand, or any modification thereof, if the brand or mark is to be placed upon the same place on the animal branded or marked therewith as the prior recorded brand to which it is similar in form and design, or a modification thereof.

      2.  Any county recorder [violating] who violates the provisions of this section shall be punished by a fine of not more than [$100.] $250.

      Sec. 211.  NRS 564.350 is hereby amended to read as follows:

      564.350  Any person who, with intent to defraud, [shall willfully mismark or misbrand] willfully mismarks or misbrands any sheep or goats not his own is guilty of grand larceny and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than [$5,000.] $10,000.

      Sec. 212.  NRS 564.370 is hereby amended to read as follows:

      564.370  1.  Every person who, in any county, [shall place] places upon any sheep or goats any brand or mark in the likeness or similitude of another brand or mark filed with the county recorder of such county by the owner thereof as a brand or mark for the designation or identification of sheep or goats shall [:] be punished:

      (a) If done with intent to confuse or commingle such sheep or goats with, or to appropriate to his own use, the sheep or goats of such other owner, [be guilty of a felony, and shall be punished] by imprisonment in the state prison for not less than 1 year nor more than 10 years, and may be further punished by a fine of not more than [$5,000.] $10,000.

      (b) If done without such intent, [be guilty of] for a misdemeanor.

      2.  This section [shall] does not apply to any act for which a penalty is elsewhere provided by law.

      Sec. 213.  NRS 574.150 is hereby amended to read as follows:

      574.150  1.  A person who unjustifiably administers any poisonous or noxious drug or substance to a horse, mule or domestic cattle, or unjustifiably exposes any such drug or substance with intent that [the same shall] it be taken by a horse, mule or by domestic cattle, whether [such] the horse, mule or domestic cattle are the property of himself or another, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than [$5,000,] $10,000, or by both fine and imprisonment.

      2.  A person who unjustifiably administers any poisonous or noxious drug or substance to any animal other than a horse, mule or domestic cattle, or unjustifiably exposes any such drug or substance with intent that [the same shall] it be taken by an animal other than a horse, mule or domestic cattle, whether [such] the animal is the property of himself or another, is guilty of a gross misdemeanor.

      3.  [Nothing in this section shall be construed so as to prevent] This section does not prohibit the destruction of noxious animals.


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ê1979 Statutes of Nevada, Page 1488 (Chapter 655, SB 9)ê

 

      Sec. 214.  NRS 583.472 is hereby amended to read as follows:

      583.472  1.  It is unlawful for the owner, proprietor or manager of a retail meat market, by himself or through another, to advertise any prepackaged meat or meat food product with a United States Department of Agriculture grade unless such meat or meat food product is actually available to the public and bears the grade awarded to it by the United States Department of Agriculture.

      2.  It is unlawful for the owner, proprietor or manager of a retail meat market, by himself or through another to advertise carcass, quarter or primal cuts of meat with a USDA grade unless the USDA yield grade is included in the advertisement.

      3.  Any person who violates any provision of this section shall be punished by a fine of not [less than $100 nor] more than $500.

      Sec. 215.  NRS 583.543 is hereby amended to read as follows:

      583.543  If any inspector or the officer accepts any money, gift or other thing of value from any person, firm or corporation with the knowledge that [such] the money, gift or other thing of value is to influence his official duty pursuant to NRS 583.255 to 583.565, inclusive, he shall be [guilty of a felony and shall, upon conviction thereof, be] summarily discharged from office and shall be punished by [a fine of not less than $1,000 nor more than $10,000, and by imprisonment of not less than 1 year nor more than 3 years.] imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.

      Sec. 216.  NRS 586.520 is hereby amended to read as follows:

      586.520  Any person violating the provisions of NRS 586.460 to 586.510, inclusive, shall be punished by a fine of not more than [$200.] $250.

      Sec. 217.  NRS 607.140 is hereby amended to read as follows:

      607.140  1.  The labor commissioner shall prepare forms and blanks for the purpose of gathering the information and statistics required by this chapter, and may require any person, firm or corporation to give the information and statistical detail designated in such forms.

      2.  Any person, firm or corporation who [shall refuse] refuses to furnish such detail and statistics in the form required [shall be] is guilty of a misdemeanor, and [upon conviction thereof] shall be punished by a fine of not [less than $100 nor] more than $500.

      Sec. 218.  NRS 608.115 is hereby amended to read as follows:

      608.115  1.  Every employer shall establish and maintain wage information records for the benefit of his employees, showing for each pay period the following information for each employee:

      (a) Gross wage or salary other than compensation in the form of:

             (1) Services; or

             (2) Food, housing or clothing.

      (b) Deductions.

      (c) Net cash wage or salary.

      (d) Total hours employed in the pay period, noting the number of overtime hours, when applicable.

      (e) Date of payment.


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ê1979 Statutes of Nevada, Page 1489 (Chapter 655, SB 9)ê

 

      2.  The wage information required by this section shall be furnished to each employee within 10 days after he submits his request.

      3.  Wage information records shall be maintained for a 2-year period following the entry of information in the record.

      4.  Any employer who knowingly and willfully fails to furnish the wage information required by this section [is guilty of a misdemeanor and] shall be punished by a fine of [up to $100.] not more than $250.

      Sec. 219.  NRS 616.340 is hereby amended to read as follows:

      616.340  1.  It is the duty of every employer within the provisions of this chapter, immediately upon the occurrence of an injury to any of his employees, to render to the injured employee all necessary first aid, including cost of transportation of the injured employee to the nearest place of proper treatment where the injury is such as to make it reasonably necessary for such transportation.

      2.  The employer or his agent shall within 6 working days following receipt of knowledge of an injury to an employee, notify the commission in writing of the accident.

      3.  The commission may pay the costs of rendering such necessary first aid and transportation of the injured employee to the nearest place of proper treatment if the employer fails or refuses to pay the costs. The commission may charge to and collect from the employer, as reimbursement, the amount of the costs incurred by the commission in providing such first aid and transportation services to the injured employee.

      4.  Any employer who fails to comply with the provisions of subsection 2 may be fined not more than [$100] $250 for each such failure.

      Sec. 220.  NRS 616.650 is hereby amended to read as follows:

      616.650  Any person, firm or corporation, agent or officer of any firm or corporation, or any attending physician or surgeon who fails or refuses to comply with the provisions of NRS 616.345 shall be fined not more than [$200.] $250.

      Sec. 221.  NRS 623.360 is hereby amended to read as follows:

      623.360  1.  Any person is guilty of a misdemeanor who:

      (a) Holds himself out to the public or solicits business as an architect in this state without having a certificate of registration issued by the board;

      (b) Advertises or puts out any sign, card or other device which indicates to the public that he is an architect or that he is otherwise qualified to engage in the practice of architecture without having a certificate of registration issued by the board; or

      (c) Violates any other provisions of this chapter. [, except as provided in subsection 2.

      2.  Any person who engages in the practice of architecture in this state without having a certificate of registration issued to him by the board or being exempt from the provisions of this chapter is guilty of a misdemeanor with a minimum fine of $100.

      3.]2.  Whenever any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the district court of any county, on application of the board, may issue an injunction or other appropriate order restraining such conduct.


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

ê1979 Statutes of Nevada, Page 1490 (Chapter 655, SB 9)ê

 

conduct. Proceedings under this subsection shall be governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking shall be required in any action commenced by the board.

      Sec. 222.  NRS 630.400 is hereby amended to read as follows:

      630.400  Any person who:

      1.  Presents as his own the diploma, license or credentials of another;

      2.  Gives either false or forged evidence of any kind to the board, or any member thereof, in connection with an application for a license or permit to practice medicine;

      3.  Practices medicine under a false or assumed name or falsely personates another licensee of a like or different name; or

      4.  Holds himself out as a physician’s assistant or who uses any other term indicating or implying that he is a physician’s assistant, unless he has been certified by the board,

shall be punished by imprisonment in the state prison for not less than 1 nor more than 6 years [.] , and may be further punished by a fine of not more than $5,000.

      Sec. 223.  NRS 630.410 is hereby amended to read as follows:

      630.410  Any person who practices medicine, unless licensed under this chapter, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years [.] , and may be further punished by a fine of not more than $5,000.

      Sec. 224.  (Deleted by amendment.)

      Sec. 225.  NRS 633.741 is hereby amended to read as follows:

      633.741  A person who:

      1.  Practices osteopathic medicine:

      (a) Without a license valid under this chapter; or

      (b) Beyond the limitations ordered upon his practice by the board or the court;

      2.  Presents as his own the diploma, license or credentials of another;

      3.  Gives either false or forged evidence of any kind to the board or any of its members in connection with an application for a license or an application to employ an osteopathic physician’s assistant;

      4.  Files for record the license issued to another, falsely claiming himself to be the person named in the license, or falsely claiming himself to be the person entitled to the license;

      5.  Practices osteopathic medicine under a false or assumed name or falsely personates another licensee of a like or different name;

      6.  Holds himself out as an osteopathic physician’s assistant or who uses any other term indicating or implying that he is an osteopathic physician’s assistant, unless he has been approved by the board, as provided in this chapter; or

      7.  Employs a person as an osteopathic physician’s assistant before such employment is approved as provided in this chapter,

shall be punished by imprisonment in the state prison for not less than 1 nor more than 6 years [.] , and may be further punished by a fine of not more than $5,000.

      Sec. 226.  NRS 639.2815 is hereby amended to read as follows:

      639.2815  Any pharmacist who knowingly submits to the state or any of its political subdivisions or any agent thereof, a charge or claim for drugs or medical supplies furnished to or for any person receiving medical care under any program of public assistance, which is false or which is in excess of any amount duly established by law or regulations promulgated by the department of human resources or by the governing body of any political subdivision, as the price or fee for the furnishing of such drug or medical supplies, [is guilty of a felony.]


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

ê1979 Statutes of Nevada, Page 1491 (Chapter 655, SB 9)ê

 

for drugs or medical supplies furnished to or for any person receiving medical care under any program of public assistance, which is false or which is in excess of any amount duly established by law or regulations promulgated by the department of human resources or by the governing body of any political subdivision, as the price or fee for the furnishing of such drug or medical supplies, [is guilty of a felony.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of $5,000, or by both fine and imprisonment.

      Sec. 227.  (Deleted by amendment.)

      Sec. 228.  NRS 652.260 is hereby amended to read as follows:

      652.260  Any person or laboratory violating any of the provisions of this chapter shall be punished by a fine of not more than [$100] $250 for the first offense and not more than $500 for any subsequent offense. Each act in violation of this chapter constitutes a separate offense.

      Sec. 229.  NRS 658.155 is hereby amended to read as follows:

      658.155  Any member of the state board of finance, the superintendent or any member of his staff, who willfully neglects to perform any duty required by this Title, or who knowingly makes any false statement concerning any bank, or any injurious statement concerning any bank, except in the exercise of his duty, or who is guilty of malfeasance or corruption in office, shall, [upon conviction thereof, be guilty of a felony and] be punished by a fine of not more than [$1,000] $5,000 or by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by both fine and imprisonment, and in addition shall be removed from office.

      Sec. 230.  NRS 668.055 is hereby amended to read as follows:

      668.055  Every president, director, cashier, teller, clerk, officer or agent of any bank who embezzles, abstracts or willfully misapplies any moneys, funds, securities or credits of any bank, or who issues or puts forth any certificate of deposit, draws any draft, bill of exchange or mortgage, or who makes use of any bank in any manner, with intent in either case to injure or defraud any bank or individual, person, company or corporation, or to deceive any bank, or officer of any bank, and any person who, with like intent, aids or abets any officer, clerk or agent in any violation of this section, shall be punished:

      1.  Where the amount involved is $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,] $10,000, or by both fine and imprisonment.

      2.  Where the amount involved is less than $100, for a misdemeanor.

      Sec. 231.  NRS 668.095 is hereby amended to read as follows:

      668.095  1.  If any bank examiner knowingly and willfully makes any false or fraudulent report of the condition of any bank which has been examined by him, with the intent to aid or abet the officers or agents of such bank in continuing to operate an insolvent bank, or if any such examiner keeps or accepts any bribe or gratuity given for the purpose of inducing him not to file any report of examination of any bank examined by him, or neglects to make an examination of any bank because of having received or accepted any bribe or gratuity, he [is guilty of a felony, and upon conviction thereof] shall be imprisoned in the state prison for not less than 1 year nor more than 10 years [.]


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

ê1979 Statutes of Nevada, Page 1492 (Chapter 655, SB 9)ê

 

felony, and upon conviction thereof] shall be imprisoned in the state prison for not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      2.  Any person who knowingly aids or abets a bank examiner or any other person in doing or performing any of the acts prohibited in subsection 1 [is guilty of a felony and upon conviction thereof] shall be imprisoned 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.

      3.  Any person, having knowledge of a report made by a bank examiner of the condition of any bank, who falsifies, changes, alters or suppresses any such report with the intent to aid or abet the officers or agents of a bank in continuing to operate an insolvent bank, or [if] any such person who keeps or accepts any bribe or gratuity given for the purpose of inducing him not to file any such report of examination or to falsify, change, alter or suppress any such report of examination, [is guilty of a felony and upon conviction thereof] shall be imprisoned in the state prison for not less than 1 year nor more than 10 years [.] , and may be further punished by a fine of not more than $10,000.

      Sec. 232.  NRS 692B.040 is hereby amended to read as follows:

      692B.040  1.  [No] A person forming or proposing to form a domestic insurer, or insurance holding corporation thereof, or corporation to be attorney in fact for a domestic reciprocal insurer, or proposing to secure funds for the formation or financing of a domestic insurer, or production of insurance business therefor, or for an insurance holding corporation holding or proposing to hold securities of a domestic insurer, or for an attorney in fact corporation of a domestic reciprocal insurer, or for the formation or financing of a syndicate, association, firm, partnership or organization for any such purposes, shall not in this state advertise or offer for sale any securities or policies, or solicit or receive any funds, subscriptions, applications, premiums or memberships, except as authorized by a currently effective permit [(hereinafter in] (in this chapter sometimes referred to as a “solicitation permit”) issued by the commissioner.

      2.  Every person violating this section [is guilty of a felony.] shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of $5,000, or by both fine and imprisonment.

      Sec. 233.  NRS 692C.480 is hereby amended to read as follows:

      692C.480  1.  Whenever it appears to the commissioner that any insurer or any director, officer, employee or agent thereof has committed a willful violation of this chapter, the commissioner may cause criminal proceedings to be instituted in the county in which the principal office of the insurer is located, or if such insurer has no such office in the state [,] then in Carson City, against [such] that insurer or the responsible director, officer, employee or agent thereof.

      2.  Any insurer which willfully violates this chapter shall be punished by a fine of not more than $20,000.

      3.  Any [individual] natural person who willfully violates this chapter shall be punished by a fine of not more than [$10,000,] $5,000, or if [such] the willful violation involves the deliberate perpetration of a fraud upon the commissioner, by imprisonment [for not] in the state prison for not less than 1 year nor more than [2] 6 years, or by a fine of $5,000, or [both.]


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

ê1979 Statutes of Nevada, Page 1493 (Chapter 655, SB 9)ê

 

[such] the willful violation involves the deliberate perpetration of a fraud upon the commissioner, by imprisonment [for not] in the state prison for not less than 1 year nor more than [2] 6 years, or by a fine of $5,000, or [both.] by both fine and imprisonment.

      Sec. 234.  NRS 695A.580 is hereby amended to read as follows:

      695A.580  1.  Any person who makes a false or fraudulent statement in or relating to an application for membership or for the purpose of obtaining money from or a benefit in any society is guilty of a gross misdemeanor.

      2.  [Any person who makes a false or fraudulent statement in any verified report or declaration under oath required or authorized by this chapter, or of any material fact or thing contained in a sworn statement concerning the death or disability of a member for the purpose of procuring payment of a benefit named in the certificate, shall be guilty of perjury and shall be subject to the penalties therefor prescribed by law.

      3.] Any person who solicits membership for, or in any manner assists in procuring membership in, any society not licensed to do business in this state is subject to an administrative fine, imposed by the commissioner, of not less than $25 nor more than $500 for each violation. In addition if the person is an insurance agent of the society, the commission may suspend, revoke, limit or refuse to continue his license in the manner provided in NRS 683A.450.

      [4.]3.  Any person convicted of a willful violation of, or neglect or refusal to comply with, any provision of this chapter for which a penalty is not otherwise prescribed shall be punished by a fine of not more than $1,000 for each violation, and not more than $10,000 for all related violations.

      Sec. 235.  NRS 704.640 is hereby amended to read as follows:

      704.640  Any person who:

      1.  Operates any public utility to which NRS 704.010 to 704.810, inclusive, applies without first obtaining a certificate of public convenience and necessity or in violation of the terms thereof;

      2.  Fails to make any return or report required by NRS 704.010 to 704.810, inclusive, or by the commission under the terms of NRS 704.010 to 704.810, inclusive;

      3.  Violates, or procures, aids or abets the violating of any provision of NRS 704.010 to 704.810, inclusive;

      4.  Fails to obey any order, decision or regulation of the commission;

      5.  Procures or aids or abets any person in his failure to obey such order, decision or regulation; or

      6.  Advertises, solicits, proffers bids or otherwise holds himself out to perform as a public utility in violation of any of the provisions of NRS 704.010 to 704.810, inclusive,

shall be fined not [less than $50 nor] more than $500.

      Sec. 236.  NRS 704.800 is hereby amended to read as follows:

      704.800  1.  Every person who willfully, and with intent to injure or defraud:

      (a) Opens, breaks into, taps or connects with any pipe, flume, ditch, conduit, reservoir, wire, meter or other apparatus belonging to or used by any water, gas, irrigation, electric or power company or corporation, or belonging to or used by any other person, persons or association, or by the state, or by any county, city, district or municipality, and takes and removes therefrom or allows to flow or be taken or be removed therefrom any water, gas, electricity or power belonging to another; or

 


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

ê1979 Statutes of Nevada, Page 1494 (Chapter 655, SB 9)ê

 

by any water, gas, irrigation, electric or power company or corporation, or belonging to or used by any other person, persons or association, or by the state, or by any county, city, district or municipality, and takes and removes therefrom or allows to flow or be taken or be removed therefrom any water, gas, electricity or power belonging to another; or

      (b) Connects a pipe, tube, flume, conduit, wire or other instrument or appliance with any pipe, conduit, tube, flume, wire, line, pole, lamp, meter or other apparatus belonging to or used by any water, irrigation, gas, electric or power company or corporation, or belonging to or used by any other person, persons or association, in such manner as to take therefrom water, gas, electricity or power for any purpose or use, without passing through the meter or instrument or other means provided for registering the quantity consumed or used, [; or

      (c) Destroys, detaches, disconnects, alters, injures or prevents the action of a headgate, meter or other instrument or means used to measure or register the quantity of water, gas, electricity or power consumed or supplied; or

      (d) Injures or destroys, or interferes with the efficiency or use of, or suffers to be injured or destroyed, any pipe, conduit, flume, wire, pole, line, lamp, fixture, hydrant or other attachment or apparatus belonging to or used by any water, irrigation, gas, electric or power company or corporation, or belonging to or used by any other person, persons or association,]

is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property removed, [destroyed,] altered or damaged and in no event less than a misdemeanor; and such person [shall also be] is also liable to the person, persons, association or corporations, or the owner or user whose property is injured, in a sum equal to treble the amount of actual damages sustained thereby.

      2.  In any prosecution under subsection 1, proof that any of the acts therein forbidden were done on or about the premises occupied by the defendant charged with the commission of such an offense, or that he received the use or benefit of such water, gas, electricity or power by reason of the commission of any such acts, [shall be] is prima facie evidence of the guilt of such defendant.

      Sec. 237.  NRS 705.200 is hereby amended to read as follows:

      705.200  1.  Any person falsely making an affidavit of ownership of any animal killed or injured under the terms of NRS 705.150 to 705.200, inclusive, [shall, upon conviction thereof, be punished by a fine of not more than $500, or by imprisonment in the county jail for not more than 1 year.

      2.  If the owner or owners of animals mentioned in NRS 705.150 shall drive the same upon the track of any such railroad corporation or company with intent thereby to injure or kill it or them, such owner or owners shall be liable for all injury or damage occasioned by reason of such act, and shall be punished by imprisonment in the state prison for not less than 1 year nor more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      3.]is guilty of a gross misdemeanor.


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

ê1979 Statutes of Nevada, Page 1495 (Chapter 655, SB 9)ê

 

      2.  Every person described in NRS 705.180 who [shall fail or neglect] fails or neglects to comply with the provisions of NRS 705.180 [shall be] is guilty of a misdemeanor.

      [4.]3.  Every corporation, company, receiver, association or person who [shall fail, neglect or refuse] fails, neglects or refuses to comply with the provisions of NRS 705.190 [shall be] is guilty of a misdemeanor.

      [5.]4.  Any person [or persons who shall attempt] who attempts in any manner to conceal the evidence of the killing or injury of any animal or animals described in NRS 705.150 by any railroad train, engine or cars on any railroad in this state, or who [shall] in any way [destroy or cover] destroy or covers up the evidence that may lead to the identification of any animal or animals so killed or injured, is guilty of a misdemeanor.

      Sec. 238.  NRS 705.460 is hereby amended to read as follows:

      705.460  Every person who [shall] willfully and maliciously [place] places any obstruction on the track of any railroad in this state, [now in operation or which may hereafter be put in operation therein,] or [shall tear up or remove] tears up or removes any part or portion of [such] a railroad, or [shall destroy, derange, misplace or injure] destroys, deranges, misplaces or injures any rail, switch, block or other signaling device, culvert, viaduct, bridge, car, tender or engine, or willfully and maliciously [do or attempt] does or attempts to do any [or either] of such things, or any other act or thing, whereby the life and limb of such person may be endangered, [shall be guilty of a felony, and upon conviction thereof] shall be punished by imprisonment in the state prison for a period [not exceeding 21 years.] of not less than 2 years nor more than 20 years.

      Sec. 239.  (Deleted by amendment.)

      Sec. 240.  NRS 707.130 is hereby amended to read as follows:

      707.130  [1.] If any person: [shall:

      (a) Willfully or maliciously cut, break or throw down any telegraph pole, or any tree or other material used in any line of telegraph, or willfully or maliciously break, displace or injure any insulator in use in any telegraph line, or willfully or maliciously cut, break or remove from its insulator any wire used as a telegraph line; or

      (b)]1.  By the attachment of a ground wire, or by any other contrivance, willfully [destroy] destroys the insulation of [such] a telegraph line, or [interrupt] interrupts the transmission of the electric current through the [same; or

      (c) In any other manner, willfully injure, molest or destroy any property or materials appertaining to any telegraph line; or

      (d) Willfully interfere] line;

      2.  Willfully interferes with the use of any telegraph line, or [obstruct or postpone] obstructs or postpones the transmission of any message over the [same; or

      (e) Procure or advise] line; or

      3.  Procures or advises any such injury, interference or obstruction,

the person so offending [shall be] is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of [the] any property damaged, altered, removed or destroyed and in no event less than a misdemeanor.


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

ê1979 Statutes of Nevada, Page 1496 (Chapter 655, SB 9)ê

 

property damaged, altered, removed or destroyed and in no event less than a misdemeanor.

      [2.  Any person violating any of the provisions of subsection 1 shall be liable to the telegraph company whose property is injured in a sum equal to 100 times the amount of actual damages sustained thereby.]

      Sec. 241.  NRS 1.280, 200.420, 202.800, 202.850, 205.035, 206.025, 206.060, 206.090, 206.100, 206.110, 206.120, 206.170, 206.180, 206.190, 206.230, 206.240, 206.250, 213.170, 246.080, 247.400, 248.070, 248.080, 248.260, 253.130, 281.200, 353.050, 360.290, 361.270, 361.440, 361.785, 412.586, 452.280, 467.175, 483.540, 535.120, 536.110, 664.035, 704.810 and 705.470 are hereby repealed.

      Sec. 242.  Sections 38, 49, 51, 53, 79, 85, 131 and 241 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

________

 

 

CHAPTER 656, SB 98

Senate Bill No. 98–Committee on Judiciary

CHAPTER 656

AN ACT relating to foreign judgments; providing for their filing and enforcement; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  Chapter 17 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2.  Sections 2 to 9, inclusive, of this act may be cited as the Uniform Enforcement of Foreign Judgments Act.

      Sec. 3.  In sections 2 to 9, inclusive, of this act “foreign judgment” means any judgment of a court of the United States or of any other court which is entitled to full faith and credit in this state.

      Sec. 4.  An exemplified copy of any foreign judgment may be filed with the clerk of any district court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the district court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of a district court of this state and may be enforced or satisfied in like manner.

      Sec. 5.  1.  At the time of the filing of the foreign judgment, the judgment creditor or his attorney shall file with the clerk of the court an affidavit setting forth the name and last-known post office address of the judgment debtor and the judgment creditor. The affidavit must also include a statement that the foreign judgment is valid and enforcible, and the extent to which it has been satisfied.

      2.  Promptly upon filing the foreign judgment and affidavit, the judgment creditor or someone on his behalf shall mail notice of the filing of the judgment and affidavit, attaching a copy of each to the notice, to the judgment debtor and to his attorney of record, if any, each at his last-known address by certified mail, return receipt requested.


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

ê1979 Statutes of Nevada, Page 1497 (Chapter 656, SB 98)ê

 

the judgment debtor and to his attorney of record, if any, each at his last-known address by certified mail, return receipt requested. The notice shall include the name and post office address of the judgment creditor and the judgment creditor’s attorney, if any, in this state. The judgment creditor shall file with the clerk of the court an affidavit setting forth the date upon which the notice was mailed.

      3.  No execution or other process for enforcement of a foreign judgment may issue until 30 days after the date of mailing the notice of filing.

      Sec. 6.  1.  If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.

      2.  If the judgment debtor shows the court any ground upon which enforcement of a judgment of any court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.

      Sec. 7.  Any person filing a foreign judgment shall pay to the clerk of the court the same filing fee as prescribed by statute for the filing of civil actions. Fees for enforcement proceedings are the same as provided for judgments of district courts of this state.

      Sec. 8.  The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under sections 2 to 9, inclusive, of this act remains unimpaired.

      Sec. 9.  Sections 2 to 9, inclusive, of this act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

 

________

 

 

CHAPTER 657, SB 120

Senate Bill No. 120–Senator Jacobsen

CHAPTER 657

AN ACT relating to the division of land; revising the provisions governing certain large parcels; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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 [:] , and sections 11 to 15, inclusive, of this act:

      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.


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

ê1979 Statutes of Nevada, Page 1498 (Chapter 657, SB 120)ê

 

      2.  “Cities and counties” means all counties and cities located in the 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 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.

      [8.]7.  “Improvement” means 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.

      [9.]8.  “Local ordinance” means an ordinance enacted by the governing body of any city or county, under the powers granted in NRS 278.010 to 278.630, inclusive, and within the limitations therein set forth, regulating the design and improvement of land subdivisions. A certified copy of the ordinance and amendments thereto shall be recorded in the office of the county recorder or the recorder of Carson City.

      [10.]9.  “Parcel map” means a map as provided in NRS 278.461, 278.462 and 278.464 to 278.467, inclusive.

      [11.]10.  “Right-of-way” includes all public and private rights-of-way and shall include all areas required for public use in accordance with any master plan or parts thereof.

      [12.]11.  “Streets” includes streets, avenues, boulevards, roads, lanes, alleys, viaducts, public easements and rights-of-way, and other ways.

      [13.]12.  “Subdivider” means a person, firm, corporation, partnership or association who causes land to be divided into a subdivision for himself or for others.

      [14.]13.  “Subdivision” is defined in NRS 278.320.

      [15.]14.  “Tentative map” means a map made for the purpose of showing the design of a proposed subdivision and the existing conditions in and around it.

      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:


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ê1979 Statutes of Nevada, Page 1499 (Chapter 657, SB 120)ê

 

      (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:

             (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.] is subject to the provisions of sections 11 to 15, inclusive, of this act.

      (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:

             (1) Any division of land which is ordered by any court in this state or created by operation of law;

             (2) A lien, mortgage, deed of trust or any other security instrument;

             (3) 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) Cemetery lots; or

             (5) An interest in oil, gas, minerals or building materials, which are now or hereafter severed from the surface ownership of real property.

      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.  This chapter does not apply to the division of land for agricultural purposes into parcels of more than 10 acres, if a street, road, or highway opening or widening or easement of any kind is not involved.

      Sec. 3.  NRS 278.461 is hereby amended to read as follows:

      278.461  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:

      (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 [.] or the provisions of sections 11 to 15, inclusive, of this act apply.


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ê1979 Statutes of Nevada, Page 1500 (Chapter 657, SB 120)ê

 

      2.  A parcel map is not required when the land division is for the express purpose of:

      (a) Creation or realignment of a public right-of-way by a public agency.

      (b) Creation or realignment of an easement.

      (c) 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.

      (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 NRS 278.473.

      4.  When two or more separate lots, parcels, sites, units or plots of land are purchased, they remain separate for the purposes of this section and NRS 278.468, 278.590 and 278.630. When such lots, parcels, sites, units or plots are resold or conveyed they are exempt from the provisions of NRS 278.010 to 278.630, inclusive, until further divided.

      5.  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 paragraph (c) of subsection 1 of NRS 278.320.

      Sec. 4.  NRS 278.473 is hereby amended to read as follows:

      278.473  1.  If an error or omission is found in any subdivision plat, record of survey, parcel map, map of division into large parcels, 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;


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ê1979 Statutes of Nevada, Page 1501 (Chapter 657, SB 120)ê

 

      (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, sections 11 to 15, inclusive, of this act, 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. 5.  NRS 278.475 is hereby amended to read as follows:

      278.475  If an error or omission is found in any recorded subdivision plat, record of survey, parcel map, map of division into large parcels, 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. 6.  NRS 278.477 is hereby amended to read as follows:

      278.477  1.  Any amendment of a recorded subdivision plat, parcel map, map of division into large parcels, 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, map of division into large parcels, or record of survey the same procedures and requirements apply as in the original filing.

      (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 NRS 278.374 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;


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ê1979 Statutes of Nevada, Page 1502 (Chapter 657, SB 120)ê

 

      (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, sections 11 to 15, inclusive, of this act, 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. 7.  NRS 278.490 is hereby amended to read as follows:

      278.490  1.  Any owner or governing body desiring to revert or abandon any subdivision map, parcel map, map of division into large parcels, or part thereof to acreage or to abandon any [subdivision map, parcel] such map or portion thereof shall 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 map shall contain the certificates required by NRS 278.374 to 278.378, inclusive, and shall be presented to the governing body for approval. If the map includes the abandonment of any public street or easement, the provisions of NRS 278.480 shall be followed prior to the 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 or parcel] map [,] of the kind offered, no other provision of NRS 278.010 to 278.630, inclusive, [shall apply] and sections 11 to 15, inclusive, of this act applies to a map made solely for the purpose of abandonment of a former map or for reversion of any land division to acreage.

      4.  Upon 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. 8.  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 a parcel map [,] or map of division into large parcels, until the [final map or parcel] required map thereof, in full compliance with the appropriate provisions of NRS 278.010 to 278.630, inclusive, sections 11 to 15, inclusive, of this act, 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.  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, and sections 11 to 15, inclusive, of this act is located to restrain or enjoin any attempted or proposed division or sale in violation of [NRS 278.010 to 278.630, inclusive.]


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

ê1979 Statutes of Nevada, Page 1503 (Chapter 657, SB 120)ê

 

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, and sections 11 to 15, inclusive, of this act is located to restrain or enjoin any attempted or proposed division or sale in violation of [NRS 278.010 to 278.630, inclusive.] those sections.

      Sec. 9.  NRS 278.630 is hereby amended to read as follows:

      278.630  1.  When there is no final map, [or] parcel map or map of division into large parcels as required by the provisions of NRS 278.010 to 278.630, inclusive, then the county assessor shall determine, as lands are placed upon the tax roll and maps of the county assessor’s office, any apparent discrepancies with respect to the provisions of NRS 278.010 to 278.630, inclusive, and sections 11 to 15, inclusive, of this act, and shall report his findings in writing to the governing body of the county or city in which such apparent violation occurs.

      2.  Upon receipt of the report the governing body shall cause an investigation to be made by the district attorney’s office, when such lands are within an unincorporated area, or by the city attorney when within a city, the county recorder, any planning commission having jurisdiction over the lands in question, and the real estate division of the department of commerce.

      3.  If the report shows evidence of violation of the provisions of NRS 278.010 to 278.630, inclusive, and sections 11 to 15, inclusive, of this act with respect to the division of lands or upon the filing of a verified complaint by any municipality or other political subdivision or person, firm or corporation with respect to violation of the provisions of [NRS 278.010 to 278.630, inclusive,] those sections, the district attorney of each county in this state shall prosecute all such violations [of the provisions of NRS 278.010 to 278.630, inclusive,] in respective counties in which the violations occur.

      Sec. 9.5.  Section 22 of Assembly Bill No. 523 of the 60th session of the Nevada legislature is hereby amended to read:

 

       Sec. 22.  NRS 278.630 is hereby amended to read as follows:

       278.630  1.  When there is no final map, parcel map or map of division into large parcels as required by the provisions of NRS 278.010 to 278.630, inclusive, then the county assessor shall determine, as lands are placed upon the tax roll and maps of the county assessor’s office, any apparent discrepancies with respect to the provisions of NRS 278.010 to 278.630, inclusive, and sections 11 to 15, inclusive of [this act,] Senate Bill No. 120 of the 60th session of the Nevada legislature, and shall report his findings in writing to the governing body of the county or city in which such apparent violation occurs.

       2.  Upon receipt of the report the governing body shall cause an investigation to be made by the district attorney’s office, when such lands are within an unincorporated area, or by the city attorney when within a city, the county recorder [,] and any planning commission having jurisdiction over the lands in question. [, and the real estate division of the department of commerce.]


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ê1979 Statutes of Nevada, Page 1504 (Chapter 657, SB 120)ê

 

       3.  If the report shows evidence of violation of the provisions of NRS 278.010 to 278.630, inclusive, and sections 11 to 15, inclusive, of [this act,] Senate Bill No. 120 of the 60th session of the Nevada legislature with respect to the division of lands or upon the filing of a verified complaint by any municipality or other political subdivision or person, firm or corporation with respect to violation of the provisions of those sections, the district attorney of each county in this state shall prosecute all such violations in respective counties in which the violations occur.

 

      Sec. 10.  Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 to 15, inclusive, of this act.

      Sec. 11.  1.  Except as provided in subsections 2 and 3, a proposed division of land is subject to the provisions of sections 11 to 15, inclusive, of this act if each proposed lot is at least:

      (a) One-sixteenth of a section as described by a government land office survey; or

      (b) Forty acres in area, including roads and easements.

      2.  The governing body of a city, the board of county commissioners with respect to the unincorporated area, may by ordinance elect to make sections 11 to 15, inclusive, of this act apply to each proposed division of land where each proposed lot is at least:

      (a) One-sixty-fourth of a section as described by a government land office survey; or

      (b) Ten acres in area, including roads and easements

      3.  A proposed division of land into lots or parcels, each of which contains not less than one section or 640 acres, is not subject to sections 11 to 15, inclusive, of this act.

      Sec. 12.  1.  Unless the filing of a tentative map is waived, any person who proposes to make such a division of land shall first file a tentative map with the planning commission for the area in which the land is located, or with the clerk of the governing body if there is no planning commission, and a filing fee of no more than $250 set by the governing body.

      2.  This map must be:

      (a) Entitled “Tentative Map of Division into Large Parcels”; and

      (b) Prepared and certified by a registered land surveyor.

      3.  This map must show:

      (a) The approximate, calculated or actual acreage of each lot and the total acreage of the land to be divided.

      (b) All roads or easements of access which exist, are proposed in the applicable master plan or are proposed by the person who intends to divide the land.

      (c) Any easements for public utilities which exist or which are proposed.

      (d) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.

      (e) An indication of any existing road or easement which the owner does not intend to dedicate.

      (f) The name and address of the owner of the land.


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ê1979 Statutes of Nevada, Page 1505 (Chapter 657, SB 120)ê

 

      4.  Each lot must be accessible by road or easement traversable by vehicles suited to the area, unless this requirement is waived by the governing body.

      Sec. 13.  1.  The planning commission or, if there is no planning commission, the governing body may waive the requirement of filing the tentative map.

      2.  If the tentative map is filed with the planning commission or governing body, the planning commission or governing body may within 60 days designate the location and width of any easements for roads and public utilities as shown on the master plan if there is one applicable to the area to be divided, or designate the location and width of any easements for roads and public utilities which may be reasonably necessary to serve the area to be divided if there is no master plan.

      3.  The planning commission or governing body has no right to designate any easements after the expiration of 60 days from the filing of the tentative map.

      Sec. 14.  1.  After the planning commission or governing body has approved the tentative map or waived the requirement of its filing, or after the expiration of 60 days from the date of its filing, whichever is sooner, the person who proposes to divide the land may file a final map of the division with the governing body.

      2.  This map must be:

      (a) Entitled “Map of Division into Large Parcels”.

      (b) Filed with the governing body within 1 year from the date that the tentative map was first filed with the planning commission or governing body or that the requirement of its filing was waived.

      (c) Prepared by a registered land surveyor.

      (d) Based upon an actual survey by the preparer and show the date of such survey; or based upon the most recent government survey and show the date of approval of such government survey and contain a certificate by the preparer that the parcels contain the number of acres shown for each parcel.

      (e) 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 must be legibly stamped or printed upon the map with opaque ink.

      (f) Twenty-four by 32 inches in size with a marginal line 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.

      (g) Of scale large enough to show clearly all details.

      3.  The particular number of the sheet and the total number of sheets comprising the map must be stated on each of the sheets, and its relation to each adjoining sheet must be clearly shown.

      4.  This map must show and define:

      (a) All subdivision lots by number and actual acreage of each lot.

      (b) All roads or easements of access which exist and which the owner intends to offer for dedication, all roads or easements of access which are shown on the applicable master plan and all roads or easements of access which are specially required by the planning commission or governing body.


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ê1979 Statutes of Nevada, Page 1506 (Chapter 657, SB 120)ê

 

access which are specially required by the planning commission or governing body.

      (c) Any easements for public utilities which exist or are proposed.

      (d) Any existing easements for irrigation or drainage, and any normally continuously flowing watercourses.

      Sec. 15.  1.  The governing body must approve, conditionally approve or disapprove the map filed, basing its action upon the requirements of section 14 of this act, within 45 days after its filing. If the map is disapproved, the governing body shall return the map to the person who proposes to divide the land, with the reason for its action and a statement of what changes would be necessary to render the map acceptable. If the governing body neither approves nor disapproves the map within 45 days, the map shall be deemed approved unconditionally.

      2.  Upon approval, the map must be filed with the county recorder and a copy must be filed with the real estate division of the department of commerce. Filing with the county recorder operates as a continuing:

      (a) Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the governing body may accept in whole or in part at any time or from time to time.

      (b) Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.

      3.  The map filed with the county recorder must include:

      (a) A certificate signed and acknowledged by the owner of land consenting to the dedication of the roads and granting of the easements.

      (b) A certificate signed by the clerk of the governing body that the map was approved, or the affidavit of the person presenting the map for filing that the time limited by subsection 1 for action by the governing body has expired.

      4.  After a map has been filed with the county recorder, any lot shown thereon may be conveyed by reference to the map, without further description.

      5.  The county recorder shall charge and collect for recording the map a fee of no more than $25 per page set by the board of county commissioners.

      Sec. 15.5.  1.  The governing body must approve, conditionally approve or disapprove the map filed, basing its action upon the requirements of section 14 of this act, within 45 days after its filing. If the map is disapproved, the governing body shall return the map to the person who proposes to divide the land, with the reason for its action and a statement of what changes would be necessary to render the map acceptable. If the governing body neither approves nor disapproves the map within 45 days, the map shall be deemed approved unconditionally.

      2.  Upon approval, the map must be filed with the county recorder. [and a copy must be filed with the real estate division of the department of commerce.] Filing with the county recorder operates as a continuing:

      (a) Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the governing body may accept in whole or in part at any time or from time to time.


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ê1979 Statutes of Nevada, Page 1507 (Chapter 657, SB 120)ê

 

roads or easements of access, which the governing body may accept in whole or in part at any time or from time to time.

      (b) Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.

      3.  The map filed with the county recorder must include:

      (a) A certificate signed and acknowledged by the owner of land consenting to the dedication of the roads and granting of the easements.

      (b) A certificate signed by the clerk of the governing body that the map was approved, or the affidavit of the person presenting the map for filing that the time limited by subsection 1 for action by the governing body has expired.

      4.  After a map has been filed with the county recorder, any lot shown thereon may be conveyed by reference to the map, without further description.

      5.  The county recorder shall charge and collect for recording the map a fee of no more than $25 per page set by the board of county commissioners.

      Sec. 16.  Chapter 119 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Each seller of more than one lot created by a map of division into large parcels must, before the intending purchaser signs any binding agreement, disclose to him in writing by a separate document signed by the intending purchaser that the city, county, school district and special districts are not obligated to furnish any service, specifically mentioning fire protection and roads, to the land so divided, and that any public utility may be similarly free of obligation.

      Sec. 17.  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:

      (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 the 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 [.] , but the disclosure required by section 16 of this act must be made. The size of undivided interests shall be computed as provided in paragraph (b) of this subsection.


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ê1979 Statutes of Nevada, Page 1508 (Chapter 657, SB 120)ê

 

      (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 of 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 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 regulations 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 takes 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 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.

      4.  Any subdivision which has been registered under the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, 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. 17.5.  Section 14 of Assembly Bill No. 523 of the 60th session of the Nevada legislature is hereby amended to read:


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

ê1979 Statutes of Nevada, Page 1509 (Chapter 657, SB 120)ê

 

       Sec. 14.  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:

       (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] must be computed by dividing the number of the 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.] but the disclosure required by section 16 of [this act] Senate Bill No. 120 of the 60th session of the Nevada legislature must be made. The size of undivided interests [shall] must 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 of 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 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.


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ê1979 Statutes of Nevada, Page 1510 (Chapter 657, SB 120)ê

 

executes a written affirmation to that effect to be made a matter of record. [in accordance with regulations 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 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.

       4.  Any subdivision which has been registered under the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, 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. 18.  1.  NRS 278.323 is hereby repealed.

      2.  Section 21 of Assembly Bill No. 523 of the 60th session of the legislature is hereby repealed.

      Sec. 19.  Any person who has tendered for filing to the appropriate county recorder before the effective date of this act a map prepared in accordance with the provisions of former NRS 278.323 may sell or otherwise dispose of the lots, parcels, sites, units or plots shown on that map.

      Sec. 20.  1.  Section 15.5 of this act shall become effective on July 1, 1981.

      2.  The remaining sections of this act shall become effective upon passage and approval.

 

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ê1979 Statutes of Nevada, Page 1511ê

 

CHAPTER 658, SB 219

Senate Bill No. 219–Committee on Finance

CHAPTER 658

AN ACT making an appropriation from the state general fund to Art Hill, an auditor of the state gaming control board, for reimbursement of the deductible on his motor vehicle insurance; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to Art Hill, an auditor of the state gaming control board, the sum of $100 to reimburse him for the deductible on his motor vehicle insurance.

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

 

________

 

 

CHAPTER 659, SB 267

Senate Bill No. 267–Committee on Judiciary

CHAPTER 659

AN ACT relating to justices’ courts; transforming them to courts of record; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  Chapter 4 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  Proceedings in each justice’s court must be recorded by using sound recording equipment except where the board of county commissioners of the county in which the court is located authorizes, and the justice of the peace appoints, a certified shorthand reporter to take down the proceedings in the same manner and with the same effect as in a district court.

      Sec. 3.  1.  Each justice of the peace shall appoint and, with the approval of the board of county commissioners, fix the compensation of a suitable person, who need not be a certified shorthand reporter and may have other responsibilities in the court to operate the sound recording equipment. The person so appointed shall subscribe to an oath that he will so operate it as to record all of the proceedings.

      2.  The justice of the peace may designate the same or another person to transcribe the recording into a written transcript. The person so designated shall subscribe to an oath that he has correctly transcribed it. The transcript may be used for all purposes for which transcripts are used and is subject to correction in the same manner as other transcripts.

      Sec. 4.  1.  If the person designated to transcribe the proceedings is:

      (a) Regularly employed as a public employee, he is not entitled to additional compensation for preparing the transcript.


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ê1979 Statutes of Nevada, Page 1512 (Chapter 659, SB 267)ê

 

      (b) Not regularly employed as a public employee and not a certified shorthand reporter, he is entitled to such compensation for preparing the transcript as the board of county commissioners determines.

      (c) A certified shorthand reporter, he is entitled to the same fees for preparing the transcript as in the district court.

      2.  The fees for transcripts and copies must be paid by the party ordering them. In a civil case the preparation of the transcript need not commence until the fees have been deposited with the clerk of the court.

      Sec. 5.  The sound recording of each proceeding in justice’s court must be preserved until at least 30 days after the time for filing an appeal expires. If no appeal is taken, the justice of the peace may order the destruction of the recording at any time after that date. If there is an appeal to the district court, the sound recording must be preserved until at least 30 days after final disposition of the case on appeal, but the justice of the peace may order the destruction of the recording at any time after that date.

      Sec. 6.  NRS 1.020 is hereby amended to read as follows:

      1.020  The supreme court, the [several] district courts, and [such other courts as the legislature shall designate, shall be] the justices’ courts are courts of record.

      Sec. 7.  Chapter 189 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Except as provided in subsection 2, if the district court finds that the transcript of a case which was recorded by sound recording equipment is materially or extensively defective, the case must be returned for retrial in the justice’s court from which it came.

      2.  If all parties to the appeal stipulate to being bound by a particular transcript of the proceedings in the justice’s court, or stipulate to a particular change in the transcript, an appeal based on that transcript as accepted or changed may be heard by the district court without regard to any defects in the transcript.

      Sec. 8.  NRS 189.030 is hereby amended to read as follows:

      189.030  1.  The justice [must,] shall, within 10 days after the notice of appeal is filed, transmit to the clerk of the district court the transcript of the case, all other papers relating to the case and a certified copy of his docket.

      2.  The justice shall give notice to the appellant or his attorney that [all such papers] the transcript and all other papers relating to the case have been filed with the clerk of the district court.

      3.  If the district judge so requests, before or after receiving the record, the justice of the peace shall transmit to him the sound recording of the case.

      Sec. 9.  NRS 189.050 is hereby amended to read as follows:

      189.050  An appeal duly perfected transfers the action to the district court [for trial anew.] to be judged on the record.

      Sec. 10.  NRS 266.565 is hereby amended to read as follows:

      266.565  1.  The practice and proceedings in the municipal court shall conform, as nearly as practicable, to the practice and proceedings of justices’ courts in similar cases [.] , except that an appeal perfected transfers the action to the district court for trial anew. The municipal court shall be treated and considered as a justice’s court whenever the proceedings thereof are called into question.


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ê1979 Statutes of Nevada, Page 1513 (Chapter 659, SB 267)ê

 

court shall be treated and considered as a justice’s court whenever the proceedings thereof are called into question.

      2.  The papers and pleadings filed in the municipal court and process issuing therefrom shall be entitled “In the Municipal Court of the City of .........................................”

      3.  In all actions for the violation of any ordinance, it shall be sufficient if the complaint refer to the title and section of the ordinance under which such action is brought.

      4.  All actions brought to recover any fine or to enforce any penalty under any ordinance of any city shall be brought in the corporate name of the city as plaintiff; and no prosecution, recovery or acquittal for the violation of any such ordinance shall constitute a defense to any other prosecution of the same person for any other violation of any such ordinance, although the different causes of action existed at the same time, and if united would not have exceeded the jurisdiction of a justice’s court.

      Sec. 11.  NRS 189.040 and 189.080 are hereby repealed.

      Sec. 12.  This act shall become effective on January 1, 1980.

 

________

 

 

CHAPTER 660, SB 313

Senate Bill No. 313–Committee on Commerce and Labor

CHAPTER 660

AN ACT relating to motor vehicle insurance; repealing the Nevada Motor Vehicle Insurance Act and related provisions of law; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  NRS 482.215 is hereby amended to read as follows:

      482.215  1.  All applications for registration, except applications for renewal registration, [shall] must be made as provided in this section.

      2.  Applications for all registrations, except renewal registrations, [shall] must be made in person, if practicable, to any office or agent of the department.

      3.  Each application [shall] must be made upon the appropriate form furnished by the department and [shall] must contain:

      (a) The signature of the owner.

      (b) His residence address.

      (c) His declaration of the county where he intends the vehicle to be based, unless the vehicle is deemed to have no base. The department shall use this declaration to determine the county to which the privilege tax is to be paid.

      (d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating such vehicle.


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ê1979 Statutes of Nevada, Page 1514 (Chapter 660, SB 313)ê

 

the make to be registered to the person first purchasing or operating such vehicle.

      (e) [A signed declaration by the applicant that he has and will maintain security as required by chapter 698 of NRS covering the motor vehicle to be registered.

      (f)]If required, evidence of emission control compliance.

      4.  The application [shall] must contain such other information as may be required by the department, and [shall] must be accompanied by proof of ownership satisfactory to the department.

      [5.  For purposes of the declaration required by paragraph (e) of subsection 3, vehicles which are subject to the license fee and registration requirements of the Interstate Highway User Fee Apportionment Act (NRS 706.801 to 706.861, inclusive), and which are based in this state, may be declared as a fleet by the registered owners thereof, on the original or renewal applications for proportional registration.]

      Sec. 2.  NRS 482.280 is hereby amended to read as follows:

      482.280  1.  The registration of every vehicle referred to in subsection 1 of NRS 482.206 [shall expire] expires at midnight on the last day of the last month of the registration period. The registration of every vehicle referred to in subsection 2 of NRS 482.206 [shall expire] expires at midnight on December 31. The department shall mail to each holder of a valid registration certificate an application form for renewal registration for the following registration period. Such forms [shall] must be mailed by the department in sufficient time to allow all applicants to mail the applications to the department and to receive new registration certificates and license plates, stickers, tabs or other suitable devices by mail prior to expiration of subsisting registrations. An applicant may, if he chooses, present the application to any agent or office of the department.

      2.  An application mailed or presented to the department or to a county assessor under the provisions of this section [shall include:

      (a) A signed declaration by the applicant that he has and will maintain security as required by chapter 698 of NRS covering the motor vehicle to be registered.

      (b) If] must include, if required, evidence of emission control compliance.

      3.  The department shall insert in each application form mailed as required by subsection 1 of this section the amount of privilege tax to be collected for the county under the provisions of NRS 482.260.

      4.  An owner who has made proper application for renewal of registration previous to the expiration of the current registration but who has not received the number plate or plates or registration card for the ensuing registration period is entitled to operate or permit the operation of such vehicle upon the highways upon displaying thereon the number plate or plates issued for the preceding registration period for such time as may be prescribed by the department as it may find necessary for issuance of such new plate or plates or registration card.

      5.  The registration fees for a motortruck and truck tractor, and for any trailer or semitrailer having an unladened weight of 3,501 pounds or more [shall] must be reduced by one-twelfth for each calendar month which has elapsed from the beginning of each calendar year, the fee so obtained, rounded to the nearest one-half dollar, but in no event to be less than $5.50.


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ê1979 Statutes of Nevada, Page 1515 (Chapter 660, SB 313)ê

 

month which has elapsed from the beginning of each calendar year, the fee so obtained, rounded to the nearest one-half dollar, but in no event to be less than $5.50.

      Sec. 3.  NRS 485.200 is hereby amended to read as follows:

      485.200  The requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, [shall] do not apply:

      1.  To [such] the operator or owner if [such owner] he had in effect at the time of [such] the accident an automobile liability policy [and security as required by NRS 698.190] with respect to the motor vehicle involved in [such] the accident;

      2.  To [such] the operator, if not the owner of [such] the motor vehicle, if there was in effect at the time of [such] the accident an automobile liability policy or bond [and security as required by NRS 698.190] with respect to his operation of motor vehicles not owned by him;

      3.  To [such] the operator or owner if [the liability of such operator or owner] his liability for damages resulting from [such] the accident is, in the judgment of the division, covered by any other form of liability insurance policy or bond;

      4.  To any person qualifying as a self-insurer under NRS 485.380, or to any person operating a motor vehicle for such self-insured;

      5.  To the operator or the owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than such operator or owner;

      6.  To the operator or the owner of a motor vehicle legally parked at the time of the accident;

      7.  To the owner of a motor vehicle if at the time of the accident the vehicle was being operated without his permission, express or implied, or was parked by a person who had been operating [such] the motor vehicle without such permission; or

      8.  If, prior to the date that the division would otherwise suspend the license and registration or nonresident’s operating privilege under NRS 485.190, there [shall be] is filed with the division evidence satisfactory to it that the person who would otherwise have to file security has been released from liability or has received a determination in his favor at a hearing conducted pursuant to NRS 485.191, or has been finally adjudicated not to be liable or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident.

      Sec. 4.  NRS 485.308 is hereby amended to read as follows:

      485.308  1.  Proof of financial responsibility may be furnished by filing with the division the written certificate of any insurance carrier duly authorized to do business in this state certifying that there is in effect a motor vehicle liability policy [and security as required by NRS 698.190] for the benefit of the person required to furnish proof of financial responsibility. [Such certificate shall] Such a certificate must give the effective date of [such] the motor vehicle liability policy, which date [shall] must be the same as the effective date of the certificate, and [shall] must designate by explicit description or by appropriate reference all motor vehicles covered thereby, unless the policy is issued to a person who is not the owner of a motor vehicle.


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ê1979 Statutes of Nevada, Page 1516 (Chapter 660, SB 313)ê

 

      2.  No motor vehicle [shall] may be or continue to be registered in the name of any person required to file proof of financial responsibility unless [such] the motor vehicle is so designated in such a certificate.

      Sec. 5.  NRS 485.3091 is hereby amended to read as follows:

      485.3091  1.  A “motor vehicle liability policy” as the term is used in this chapter [shall mean] means an owner’s or an operator’s policy of liability insurance [and of security as required by NRS 698.190] issued, except as otherwise provided in NRS 485.309, by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured.

      2.  Such an owner’s policy of liability insurance [shall:] must:

      (a) Designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted; and

      (b) Insure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of [such] the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicle or motor vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows: $15,000 because of bodily injury to or death of one person in any one accident, and, subject to [such] the limit for one person, $30,000 because of bodily injury to or death of two or more persons in any one accident, and $5,000 because of injury to or destruction of property of others in any one accident.

      3.  Such an operator’s policy of liability insurance [shall] must insure the person named as insured therein against loss from the liability imposed upon him by law for damages arising out of the use by him of any motor vehicle not owned by him, within the same territorial limits and subject to the same limits of liability as are set forth above with respect to an owner’s policy of liability insurance.

      4.  Such a motor vehicle liability policy [shall] must state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period and the limits of liability, and [shall] must contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.

      5.  Such a motor vehicle liability policy need not insure any liability under any workmen’s compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of any such motor vehicle, nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.

      6.  Every motor vehicle liability policy [shall be] is subject to the following provisions which need not be contained therein:

      (a) The liability of the insurance carrier with respect to the insurance required by this chapter [shall become] becomes absolute whenever injury or damage covered by [such] the motor vehicle liability policy occurs; the policy may not be canceled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on his behalf and no violation of the policy [shall defeat or void] defeats or voids the policy.


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ê1979 Statutes of Nevada, Page 1517 (Chapter 660, SB 313)ê

 

injury or damage covered by [such] the motor vehicle liability policy occurs; the policy may not be canceled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on his behalf and no violation of the policy [shall defeat or void] defeats or voids the policy.

      (b) The satisfaction by the insured of a judgment for such injury or damage [shall not be] is not a condition precedent to the right or duty of the insurance carrier to make payment on account of [such] the injury or damage.

      (c) The insurance carrier [shall have the right to] may settle any claim covered by the policy, and if such a settlement is made in good faith, the amount thereof [shall be] is deductible from the limits of liability specified in paragraph (b) of subsection 2 of this section.

      (d) The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of this chapter [shall] constitute the entire contract between the parties.

      7.  Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and [such] the excess or additional coverage [shall not be] is not subject to the provisions of this chapter. With respect to a policy which grants such excess or additional coverage the term “motor vehicle liability policy” [shall apply] applies only to that part of the coverage which is required by this section.

      8.  Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.

      9.  The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers, which policies together meet such requirements.

      10.  Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.

      Sec. 6.  NRS 485.380 is hereby amended to read as follows:

      485.380  1.  Any person in whose name more than 10 motor vehicles are registered in the State of Nevada may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the division as provided in subsection 2 of this section.

      2.  The division may, upon the application of such a person, issue a certificate of self-insurance when it is satisfied that he possesses and will continue to possess the ability to pay judgments obtained against him. [and claims for basic reparation benefits as provided in chapter 698 of NRS.]

      3.  Upon not less than 5 days’ notice and a hearing pursuant to [such] the notice, the division may, upon reasonable grounds, cancel a certificate of self-insurance. Failure to pay any judgment within 30 days after it becomes final constitutes a reasonable ground for the cancellation of a certificate of self-insurance.

      Sec. 7.  Chapter 690B of NRS is hereby amended by adding thereto a new section which shall read as follows:


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ê1979 Statutes of Nevada, Page 1518 (Chapter 660, SB 313)ê

 

      No provision for arbitration contained in an automobile liability or motor vehicle liability insurance policy delivered, issued for delivery or renewed in this state is binding upon the named insured or any other person who makes a claim under the policy.

      Sec. 8.  NRS 690B.020 is hereby amended to read as follows:

      690B.020  1.  No policy insuring against liability arising out of the ownership, maintenance or use of any motor vehicle [shall] may be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages, from owners or operators of uninsured or hit-and-run motor vehicles, for bodily injury, sickness or disease, including death, resulting from the ownership, maintenance or use of [such] the uninsured or hit-and-run motor vehicle; but no such coverage [shall be] is required in or supplemental to a policy issued to the State of Nevada or any political subdivision thereof, or where rejected in writing, on a form furnished by the insurer describing the coverage being rejected, by an insured named therein, or upon any renewal of such a policy unless the coverage is then requested in writing by the named insured. The coverage required in this section may be referred to as “uninsured vehicle coverage.”

      2.  The amount of coverage to be provided [shall] must be not less than the minimum limits for bodily injury liability insurance provided for under the Motor Vehicle Safety Responsibility Act (chapter 485 of NRS), but may be in an amount not to exceed the bodily injury coverage purchased by the policyholder.

      3.  For the purposes of this section the term “uninsured motor vehicle” means a motor vehicle:

      (a) With respect to which there is not available at the department of motor vehicles evidence of financial responsibility as required by chapter 485 of NRS;

      (b) With respect to the ownership, maintenance or use of which there is no bodily injury liability insurance or bond applicable at the time of the accident, or, to the extent of such deficiency, any bodily injury liability insurance or bond in force is less than the amount required by NRS 485.210;

      (c) With respect to the ownership, maintenance or use of which the company writing any applicable bodily injury liability insurance or bond denies coverage or is insolvent;

      (d) Used without the permission of its owner if there is no bodily injury liability insurance or bond applicable to the operator; or

      (e) The owner or operator of which is unknown or after reasonable diligence cannot be found if:

             (1) The bodily injury or death has resulted from physical contact of [such] the automobile with the named insured or the person claiming under him or with an automobile which the named insured or such a person is occupying; and

             (2) The named insured or someone on his behalf has reported the accident within the time required by NRS 484.223 to 484.227, inclusive, to the police department of the city where it occurred, or if it occurred in an unincorporated area, to the sheriff of the county or to the Nevada highway patrol.


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ê1979 Statutes of Nevada, Page 1519 (Chapter 660, SB 313)ê

 

in an unincorporated area, to the sheriff of the county or to the Nevada highway patrol.

      4.  For the purposes of this section the term “uninsured motor vehicle” also includes, subject to the terms and conditions of coverage, an insured other motor vehicle where:

      (a) The liability insurer of the other motor vehicle is unable because of its insolvency to make payment with respect to the legal liability of its insured within the limits specified in its policy; [and]

      (b) The occurrence out of which legal liability arose took place while the uninsured motor vehicle coverage required under paragraph (a) was in effect; and

      (c) The insolvency of the liability insurer of the other motor vehicle existed at the time of, or within 2 years after, [such] the occurrence.

      Nothing contained in this subsection [shall be deemed to prevent] prevents any insurer from providing insolvency protection to its insureds under more favorable terms.

      5.  [In the event of payment] If payment is made to any person under uninsured motor vehicle coverage, and subject to the terms of [such] the coverage, to the extent of such payment the insurer [shall be] is entitled to the proceeds of any settlement or recovery from any person legally responsible for the bodily injury as to which payment was made, and to amounts recoverable from the assets of the insolvent insurer of the other motor vehicle.

      6.  A vehicle involved in a collision which results in bodily injury or death shall be presumed to be an uninsured motor vehicle if no evidence of financial responsibility is supplied to the department of motor vehicles in the manner required by chapter 485 of NRS within 60 days after the collision occurs.

      [7.  To the extent that a person is entitled to basic or added reparation benefits under chapter 698 of NRS, he may not recover payments under uninsured motor vehicle coverage.]

      Sec. 9.  1.  NRS 484.263, 686B.055 and 698.010 to 698.510, inclusive, are hereby repealed.

      2.  Sections 13 and 14 of Assembly Bill No. 679 of the 60th session of the Nevada legislature are hereby repealed.

      Sec. 10.  This act shall become effective on January 1, 1980.

 

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ê1979 Statutes of Nevada, Page 1520ê

 

CHAPTER 661, SB 405

Senate Bill No. 405–Senators Faiss, Jacobsen, Sloan, Ford, Close and Neal

CHAPTER 661

AN ACT relating to industrial insurance; providing for increases in benefits previously awarded certain persons; making an appropriation; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  NRS 616.626 is hereby amended to read as follows:

      616.626  Any claimant or his dependents, residing in this state, who receive compensation for permanent total disability on account of an industrial injury or disablement due to occupational disease occurring [prior to] before April 9, 1971, is entitled to a [20] 35 percent increase in [such] that compensation, without regard to any wage limitation imposed by this chapter on the amount of [such] that compensation. The increase [shall] must be paid from the silicosis and disabled pension fund. [in the state treasury.]

      Sec. 2.  NRS 616.628 is hereby amended to read as follows:

      616.628  Any widow, widower, surviving [children] child or surviving dependent parent, [or parents,] residing in this state, who [receive] receives death benefits on account of an industrial injury or disablement due to occupational disease occurring [prior to] before July 1, 1973, is entitled to a [20] 35 percent increase in [such] those benefits without regard to any wage limitation imposed by this chapter on the amount of [such] those benefits. The increase [shall] must be paid from the silicosis and disabled pension fund.

      Sec. 3.  There is hereby appropriated from the state general fund to the silicosis and disabled pension fund the sum of $1,528,475 to carry out the purposes of this act.

 

________

 

 

CHAPTER 662, SB 420

Senate Bill No. 420–Senators Dodge, Close and Sloan

CHAPTER 662

AN ACT relating to licensing and control of gaming; providing for licenses for limited partnerships; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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 13, inclusive, of this act.

      Sec. 2.  “General partner” means any general partner of a limited partnership or any person performing similar functions.

      Sec. 3.  “Limited partner” means any limited partner of a limited partnership or any other person having similar rights.


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ê1979 Statutes of Nevada, Page 1521 (Chapter 662, SB 420)ê

 

      Sec. 4.  “Limited partnership” means a partnership formed by two or more persons pursuant to the terms of chapter 88 of NRS, having as members one or more general partners and one or more limited partners.

      Sec. 5.  “Limited partnership interest” means the right of a general or limited partner to receive from a limited partnership:

      1.  A share of the profits;

      2.  Any other compensation by way of income;

      3.  A return of any or all of his contribution to capital of the limited partnership; or

      4.  The right to exercise any of the rights or powers enumerated in NRS 88.100 and 88.110, whether directly or indirectly.

      Sec. 6.  1.  The policy of the State of Nevada with respect to the issuance of state gaming licenses to limited partnerships is:

      (a) To broaden the opportunity for investment in gaming through the pooling of capital in limited partnership form.

      (b) To maintain effective control over the conduct of gaming by limited partnership licensees.

      (c) To restrain any speculative promotion of limited partnership interests in gaming enterprises.

      2.  The commission may waive, either selectively or by general regulation, one or more of the requirements of sections 7 to 13, inclusive, of this act, if it makes a written finding that a waiver is consistent with the state policy set forth in NRS 463.130 and this section.

      Sec. 7.  In order to be eligible to receive a state gaming license, a limited partnership shall:

      1.  Be formed under the laws of this state.

      2.  Maintain an office of the limited partnership on the licensed premises;

      3.  Comply with all of the requirements of the laws of this state pertaining to limited partnerships; and

      4.  Maintain a ledger in the principal office of the limited partnership in this state, which must:

      (a) At all times reflect the ownership of all interests in the limited partnership; and

      (b) Be available for inspection by the board, commission and their authorized agents, at all reasonable times without notice.

      Sec. 8.  No limited partnership is eligible to receive a state gaming license unless the conduct of gaming is among the purposes stated in its certificate of limited partnership.

      Sec. 9.  1.  The sale, assignment, transfer, pledge or other disposition of any interest in a limited partnership which holds a state gaming license is ineffective unless approved in advance by the commission.

      2.  If at any time the commission finds that an individual owner of any such interest is unsuitable to hold that interest, the commission shall immediately notify the limited partnership of that fact. The limited partnership shall, within 10 days from the date that it receives the notice from the commission, return to the unsuitable owner, in cash, the amount of his capital account as reflected on the books of the partnership.

      3.  Beginning on the date when the commission serves notice of a determination of unsuitability pursuant to subsection 2 upon the limited partnership, it is unlawful for the unsuitable owner:

 


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ê1979 Statutes of Nevada, Page 1522 (Chapter 662, SB 420)ê

 

determination of unsuitability pursuant to subsection 2 upon the limited partnership, it is unlawful for the unsuitable owner:

      (a) To receive any share of the profits or interest upon any limited partnership interest;

      (b) To exercise, directly or through any trustee or nominee, any voting right conferred by such interest; or

      (c) To receive any remuneration in any form from the limited partnership, for services rendered or otherwise.

      4.  The certificate of limited partnership of any limited partnership holding a state gaming license must contain a statement of the restrictions imposed by this section.

      Sec. 10.  The limited partnership which applies for a state gaming license shall register as a limited partnership with the board, and shall provide the following information to the board:

      1.  The organization, financial structure and nature of the business to be operated, including the names, personal history and fingerprints of all general partners and key employees, and the name, address and interest of each limited partner.

      2.  The rights, privileges and relative priorities of limited partners as to the return of contributions to capital, and the right to receive income.

      3.  The terms on which limited partnership interests are to be offered.

      4.  The terms and conditions of all outstanding loans, mortgages, trust deeds, pledges or any other indebtedness or security device.

      5.  The extent of the holding in the limited partnership of all underwriters, and their remuneration as compensation for services, in the form of salary, wages, fees or otherwise.

      6.  Remuneration to persons other than general partners exceeding $30,000 per annum.

      7.  Bonus and profit-sharing arrangements.

      8.  Management and service contracts.

      9.  Options existing, or to be created.

      10.  Balance sheets for at least the 3 preceding fiscal years, or, if the limited partnership has not been in existence for 3 years, balance sheets from the time of its formation. All balance sheets must be certified by independent public accountants certified or registered in this state.

      11.  Profit and loss statements for at least the 3 preceding fiscal years, or, if the limited partnership has not been in existence for 3 years, profit and loss statements from the time of its formation. All profit and loss statements must be certified by independent public accountants certified or registered in this state.

      12.  Any further financial data which the board may deem necessary or appropriate for the protection of the State of Nevada, or licensed gambling, or both.

      Sec. 11.  Every general partner and limited partner of a limited partnership 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 limited partnership’s lenders, holders of evidence of indebtedness, underwriters, key executives, agents or employees to be licensed, the limited partnership shall require those persons to apply for a license in accordance with the laws and requirements in effect at the time the commission requires the licensing.


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ê1979 Statutes of Nevada, Page 1523 (Chapter 662, SB 420)ê

 

apply for a license in accordance with the laws and requirements in effect at the time the commission requires the licensing. Publicly-traded corporations which are limited partners of limited partnerships are not required to be licensed, but shall comply with NRS 463.635 to 463.645, inclusive. A person who is required to be licensed by this section as a general or limited partner shall not receive that position until he secures the required approval of the commission. 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. 12.  1.  After licensing pursuant to section 11 of this act, the limited partnership shall:

      (a) Report to the board and commission in writing any change in personnel who have been designated by the board or commission as key executives.

      (b) Furnish the board an annual profit and loss statement and an annual balance sheet.

      2.  The commission may require that any limited partnership furnish the board with a copy of its federal income tax return within 30 days after the return is filed with the Federal Government.

      Sec. 13.  1.  If an employee of a limited partnership licensee who is required to be licensed individually:

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

      2.  If the limited partnership licensee designates another employee to replace the employee whose employment was terminated, it shall promptly notify the commission and cause the newly designated employee to apply for a gaming license.

      Sec. 14.  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;

      (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.


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

ê1979 Statutes of Nevada, Page 1524 (Chapter 662, SB 420)ê

 

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.] it.

      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] that slot machine, whether [such] the consideration is measured by a percentage of the revenue derived from [such] the machine or by a fixed fee or otherwise, without having first procured a state gaming license for the 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] that 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.  It is unlawful for any person knowingly to 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.

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

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

      (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 or limited partnership 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 or limited partnership licensee and the entities enumerated in paragraph (c) are permitted under this subsection.


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ê1979 Statutes of Nevada, Page 1525 (Chapter 662, SB 420)ê

 

and the entities enumerated in paragraph (c) are permitted under this subsection.

      7.  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] the 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 the arrangement to be terminated.

      8.  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 the licensee, the commission may, upon recommendation of the board, require the application of any business or person for a determination of suitability to be associated with a gaming enterprise if the person or business:

      (a) Does business on the premises of the licensed gaming establishment;

      (b) Does business with the licensed gaming establishment as a junket representative or ticket purveyor; or

      (c) Provides any goods or services to the licensed gaming establishment for a compensation which the board finds to be grossly disproportionate to the value of the goods or services.

If the commission determines that the business or person is unsuitable to be associated with a gaming enterprise, the association must be terminated. Any agreement which entitles a business other than gaming to be conducted on the premises, or entitles a person or business other than gaming to conduct business with the licensed gaming establishment as set forth in paragraph (b) or (c) of this subsection, is subject to termination upon a finding of unsuitability of the business or of any person associated therewith. Every such agreement [shall] must 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] that 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.

      Sec. 15.  NRS 463.165 is hereby amended to read as follows:

      463.165  1.  Except for persons associated with licensed corporations or limited partnerships and required to be licensed by NRS 463.530 or section 11 of this act, 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.

      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.


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

ê1979 Statutes of Nevada, Page 1526 (Chapter 662, SB 420)ê

 

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] that reason;

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

      (c) Has his license 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] that action.

      4.  A gaming licensee or an affiliate of the licensee shall not pay to a person who has been terminated pursuant to subsection 3 any remuneration for any service except for amounts due for services rendered before the date of receipt of notice of [such] the 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 or an affiliate of the 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] that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement.

      5.  A gaming licensee or an affiliate of the licensee shall not, without the prior approval of the commission, enter into any contract or agreement 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] the action by the commission. Every contract or agreement for personal services to a gaming licensee or an affiliate or for the conduct of any activity at a licensed gaming establishment 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.

      6.  A gaming licensee or an affiliate of the licensee shall not employ 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 of receipt of notice of [such] the action by the commission, without prior approval of the commission.

      7.  As used in this section, “affiliate” means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with a gaming licensee.

      Sec. 16.  NRS 463.170 is hereby amended to read as follows:

      463.170  1.  Any person who the commission 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 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.


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ê1979 Statutes of Nevada, Page 1527 (Chapter 662, SB 420)ê

 

to receive a license or be found suitable under the provisions of this chapter, having due consideration for the proper protection of the 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 any license or be found suitable is on the applicant.

      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;

      (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 activities in the conduct of gaming or the carrying on of the business 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.

      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.

      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.

      6.  The commission may in its discretion grant a license to a limited partnership which has complied with the provisions of sections 7 to 12, inclusive, of this act.

      7.  No limited partnership, except one whose sole limited partner is a publicly traded corporation which has registered with the commission, or business trust or organization or other association of a quasi-corporate character [shall be] is 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.


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ê1979 Statutes of Nevada, Page 1528 (Chapter 662, SB 420)ê

 

      [7.]8.  The commission may, by regulation, limit the number of persons who may be financially interested and the nature of 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 discretion, deem to be in the public interest and consistent with the declared policy of the state.

      Sec. 17.  NRS 463.386 is hereby amended to read as follows:

      463.386  1.  [In the event] If the securities of a corporate licensee are or become publicly held or publicly traded, the gaming operations of [such] that corporation may be transferred to a wholly owned subsidiary corporation, if [such] the subsidiary corporation applies for and obtains a license.

      2.  If the commission approves the issuance of a license to [such] the wholly owned subsidiary corporation, all prepaid state gaming taxes and fees which are credited to the account of the parent corporation [shall] must be transferred and credited to the account of the subsidiary.

      3.  If a corporate gaming licensee is merged with another corporation, at least 80 percent of which is owned by shareholders of the former corporate licensee, and which is thereafter licensed at the same location within 30 days following the merger, then for the purposes of NRS 463.370, 463.373, 463.375, 463.380, [and] 463.383 [,] and 463.385, and for those purposes only, the gaming license of the merged corporate licensee shall be deemed to have been transferred to the surviving corporation and the previously licensed operation shall be deemed to be a continuing operation under the license of the surviving corporation.

      4.  If a corporate gaming licensee is dissolved, and the parent corporation of the dissolved corporation or subsidiary corporation of [such] the parent corporations, 80 percent of which is owned by [such] the parent corporation, is licensed at the same location within 30 days following the dissolution, then for the purposes of NRS 463.370, 463.373, 463.375, 463.380, [and] 463.383 [,] and 463.385, and for those purposes only, the gaming license of the dissolved corporate licensee shall be deemed to have been transferred to [such] the parent corporation or subsidiary corporation of [such] the parent corporation and the previously licensed operation shall be deemed to be a continuing operation under [such] the other corporate license.

      5.  If a corporate gaming licensee or a gaming licensee which is a partnership is reorganized pursuant to a plan of reorganization approved by the commission, and a limited partnership is the surviving entity and is licensed at the same location within 30 days after the effective date of the plan, then for the purposes of NRS 463.370, 463.373, 463.375, 463.380, 463.383 and 463.385, and for those purposes only, the gaming license of the former corporate licensee is deemed to have been transferred to the limited partnership and the previously licensed operation is deemed to be a continuing operation under the limited partnership.

      Sec. 18.  NRS 463.482 is hereby amended to read as follows:

      463.482  As used in NRS 463.160 and 463.482 to 463.645, inclusive, and sections 2 to 23, inclusive, of this act, the words and terms defined in NRS 463.483 to 463.488, inclusive, and sections 2 to 5, inclusive, of this act, have the meanings ascribed to them in those sections, unless the context otherwise requires.


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ê1979 Statutes of Nevada, Page 1529 (Chapter 662, SB 420)ê

 

      Sec. 19.  NRS 463.615 is hereby amended to read as follows:

      463.615  If any corporate or limited partnership licensee, or if any holding company or intermediary company with respect thereto, does not comply with the laws of [the State of Nevada] this state and the regulations of the commission, the commission may, in its discretion, do any one, all or a combination of the following:

      1.  Revoke, limit, condition or suspend the gaming license of the corporate or limited partnership licensee; or

      2.  Fine the persons involved, or the corporate or limited partnership licensee, or such holding company or intermediary company,

in accordance with the laws of [the State of Nevada] this state and the regulations of the commission.

      Sec. 20.  NRS 463.635 is hereby amended to read as follows:

      463.635  1.  If a corporation or limited partnership applying for or holding a state gaming license is or becomes owned in whole or in part or controlled by a publicly traded corporation, such publicly traded corporation must:

      (a) Maintain a ledger in the principal office of its subsidiary which is licensed to conduct gaming in [the State of Nevada,] this state, and which [shall:] must:

             (1) Reflect the ownership of record of each outstanding share of any class of equity security issued by the publicly traded corporation. The ledger may initially consist of a copy of its latest list of equity security holders and thereafter be maintained by adding a copy of such material as it regularly receives from the transfer agent for its equity securities of any class which are outstanding.

             (2) Be available for inspection by the board and the commission and their authorized agents at all reasonable times without notice.

      (b) Register with the commission and provide the following information to the board:

             (1) The organization, financial structure and nature of the business of the publicly traded corporation, including the names of all officers, directors and any employees actively and directly engaged in the administration or supervision of the activities of the corporate or limited partnership gaming licensee, and the names, addresses and number of shares held of record by holders of its equity securities.

             (2) The rights and privileges accorded the holders of different classes of its authorized equity securities.

             (3) The terms on which its equity securities are to be, and during the preceding 3 years have been, offered by the corporation to the public or otherwise initially issued by it.

             (4) The terms and conditions of all its outstanding loans, mortgages, trust deeds, pledges or any other indebtedness or security device, directly relating to the gaming activities of the corporate or limited partnership gaming licensee.

             (5) The extent of the equity security holdings of record in the publicly traded corporation of all officers, directors, underwriters and persons owning of record equity securities of any class of the publicly traded corporation, and any payment received by any such person from the publicly traded corporation for each of its 3 preceding fiscal years for any reason whatsoever.


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

ê1979 Statutes of Nevada, Page 1530 (Chapter 662, SB 420)ê

 

             (6) Remuneration exceeding $40,000 per annum to persons other than directors and officers who are actively and directly engaged in administration or supervision of the gaming activities of the corporate or limited partnership gaming licensee.

             (7) Bonus and profit-sharing arrangements of the publicly traded corporation directly or indirectly relating to the gaming activities of the corporate or limited partnership gaming licensee.

             (8) Management and service contracts of the publicly traded corporation directly or indirectly relating to the gaming activities of the corporate or limited partnership gaming licensee.

             (9) Options existing or from time to time created in respect of its equity securities.

             (10) Balance sheets, certified by independent public accountants, for at least the 3 preceding fiscal years, or if the publicly traded corporation has not been incorporated for a period of 3 years, balance sheets from the time of its incorporation. These balance sheets may be those filed by it with or furnished by it to the Securities and Exchange Commission.

             (11) Profit and loss statements, certified by independent certified public accounts, for at least 3 preceding fiscal years, or, if the publicly traded corporation has not been incorporated for a period of 3 years, profit and loss statements from the time of its incorporation. These profit and loss statements may be those filed by it with or furnished by it to the Securities and Exchange Commission.

             (12) Any further information within the knowledge or control of the publicly traded corporation which either the board or the commission may deem necessary or appropriate for the protection of [the State of Nevada,] this state, or licensed gambling, or both. The board or the commission may in its discretion make such investigation of the publicly traded corporation or any of its officers, directors, security holders or other persons associated therewith as it deems necessary.

      2.  If the publicly traded corporation is a foreign corporation, it must also qualify to do business in [the State of Nevada.] this state.

      3.  The commission may, at any time and from time to time, by general regulation or selectively impose on any publicly traded corporation any requirement not inconsistent with law which it may deem necessary in the public interest. Without limiting the generality of the preceding sentence, any such requirement may deal with the same subject matter as, but be more stringent than, the requirements imposed by NRS 463.482 to 463.645, inclusive.

      Sec. 21.  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 activities of the corporate or limited partnership 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 or limited partnership licensee must be found suitable therefor and may be required to be licensed by the commission.


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ê1979 Statutes of Nevada, Page 1531 (Chapter 662, SB 420)ê

 

limited partnership licensee must be found suitable therefor and may be required to be licensed by the commission.

      2.  If any officer, director or employee of a publicly traded corporation required to be licensed or found suitable pursuant to subsection 1 fails to apply for 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 is revoked after appropriate findings by the commission, the publicly traded corporation shall immediately remove 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 activities of the corporate or limited partnership 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 or limited partnership 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 the suspension, suspend that officer or employee from performance of any duties wherein he is actively and directly engaged in administration or supervision of, or any other significant involvement with, the activities of the corporate or limited partnership 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 or limited partnership licensee.

      Sec. 22.  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 or limited partnership 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 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 the return is filed with the Federal Government. All 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.  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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ê1979 Statutes of Nevada, Page 1532 (Chapter 662, SB 420)ê

 

      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. 23.  NRS 463.641 is hereby amended to read as follows:

      463.641  If any corporate or limited partnership licensee owned or controlled by a publicly traded corporation subject to the provisions of this chapter, or [such] that publicly traded corporation, does not comply with the laws of [the State of Nevada] this state and the regulations of the commission, the commission may in its discretion do any one, all or a combination of the following:

      1.  Revoke, limit, condition or suspend the gaming license of the corporate or limited partnership licensee; or

      2.  Fine the persons involved, the corporate or limited partnership licensee or the publicly traded corporation

in accordance with the laws of [the State of Nevada] this state and the regulations of the commission.

      Sec. 24.  Section 14 of this act shall become effective at 12:02 a.m. on July 1, 1979.

 

________

 

 

CHAPTER 663, SB 443

Senate Bill No. 443–Committee on Commerce and Labor

CHAPTER 663

AN ACT relating to real estate brokers and salesmen; providing for licensing and regulation of certain brokers and salesmen; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  Chapter 645 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  Any licensee whose license has been placed on inactive status by the division for any of the following reasons must apply for and obtain reinstatement of his license before he may be placed on active status:

      (a) At the request of the licensee.

      (b) If a broker’s license or a corporate officer’s license, for failure to immediately notify the division in writing of any change in the name of his firm or its business location.

      (c) If a broker-salesman’s license or a salesman’s license, for failure to notify the division of a change in the broker or owner-developer with whom he will be associated within 30 days after his previous association was terminated.

      (d) For failure to apply for renewal before the license expired.


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ê1979 Statutes of Nevada, Page 1533 (Chapter 663, SB 443)ê

 

      (e) If inactivated upon the placing of the broker under whose supervision the licensee worked in an inactive status.

      (f) As a result of a formal disciplinary proceeding.

      2.  Any licensee whose license has been placed on inactive status may not engage in the business of a real estate broker, broker-salesman or salesman until he has met all of the requirements for reinstatement of his license to active status.

      Sec. 3.  The commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:

      1.  Willfully using any trade name, service mark or insignia of membership in any real estate organization of which the licensee is not a member without the legal right to do so.

      2.  Violating any of the provisions of this chapter, chapter 119 of NRS or of any regulation adopted under either chapter.

      3.  Paying a commission or compensation to any person for performing the services of a broker, broker-salesman or salesman who has not first secured his license pursuant to this chapter. This subsection does not apply to payments to a broker who is licensed in his state of residence.

      4.  A felony, or has entered a plea of guilty to a charge of felony.

      5.  Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.

      6.  Failure to disclose to any person with whom he is dealing, any material facts, data or information which he knew, or which by the exercise of reasonable care and diligence he should have known, concerning or relating to the property with which he is dealing.

      7.  Failure to include a fixed date of expiration in any written listing agreement or to leave a copy of the agreement with the principal.

      8.  Accepting, giving or charging any undisclosed commission, rebate or direct profit on expenditures made for a principal.

      9.  Gross negligence or incompetence in performing any act for which he is required to hold a license pursuant to this chapter.

      10.  Any other conduct which constitutes improper, fraudulent or dishonest dealing.

      11.  Any conduct which took place before his being licensed, which was in fact unknown to the commission and which would have been grounds for denial of a license had the commission been aware of the conduct.

      12.  Acting in the dual capacity of agent and undisclosed principal in any transaction.

      Sec. 4.  The commission may take action pursuant to NRS 645.630 against any person subject to that section who is guilty of:

      1.  Offering real estate for sale or lease without the knowledge and consent of the owner or his authorized agent or on terms other than those authorized by the owner or his authorized agent.

      2.  Negotiating a sale, exchange or lease of real estate directly with an owner or lessor if he knows that the owner has a written contract in force in connection with the property granting an exclusive agency or an exclusive right to sell to another broker, unless permission has been obtained from the other broker.


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ê1979 Statutes of Nevada, Page 1534 (Chapter 663, SB 443)ê

 

exclusive right to sell to another broker, unless permission has been obtained from the other broker.

      3.  Failure to deliver within a reasonable time a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser and to the seller.

      4.  Failure to deliver to the seller in each real estate transaction, within 10 business days after the transaction is closed, a complete, detailed closing statement showing all of the receipts and disbursements handled by him for the seller, failure to deliver to the buyer a complete statement showing all money received in the transaction from the buyer and how and for what it was disbursed, or failure to retain true copies of those statements in his files. The furnishing of those statements by an escrow holder relieves the broker’s, broker-salesman’s or salesman’s responsibility and must be deemed to be compliance with this provision.

      5.  Representing to any lender, guaranteeing agency or any other interested party, either verbally or through the preparation of false documents, an amount in excess of the actual sale price of the real estate or terms differing from those actually agreed upon.

      6.  Failure to produce any document, book or record in his possession or under his control, concerning any real estate transaction under investigation by the division.

      7.  Failure to reduce a bona fide offer to writing where a proposed purchaser requests that it be submitted in writing.

      8.  Failure to submit all written bona fide offers to a seller when the offers are received before the seller accepts an offer in writing and until the broker has knowledge of that acceptance.

      9.  Refusing because of race, color, national origin, sex or ethnic group to show, sell or rent any real estate for sale or rent to qualified purchasers or renters.

      Sec. 5.  1.  Within 20 days after service of the notice upon him, the licensee shall file an answer to the charges with the commission. The answer must contain an admission or denial of the allegations contained in the complaint and any defenses upon which the licensee will rely.

      2.  The answer may be served by delivery to the commission, or by mailing the answer by certified mail to the principal office of the division.

      3.  No proceeding for the suspension or revocation of any license may be maintained unless it is commenced by the giving of notice to the licensee within 3 years of the time of the act charged, whether of commission or omission, except:

      (a) If the charges are based upon a misrepresentation, the period does not commence until the discovery of facts which do or should lead to the discovery of the misrepresentation; and

      (b) Whenever any action or proceeding is instituted to which the division or the licensee is a party and which involves the conduct of the licensee in the transaction with which the charges are related, the running of the 3-year period with respect to the institution of a proceeding under this chapter to suspend or revoke the license is suspended during the pendency of the action or proceeding.

      Sec. 6.  NRS 645.004 is hereby amended to read as follows:

      645.004  As used in this chapter, “advance fee listing” includes, but is not limited to:


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ê1979 Statutes of Nevada, Page 1535 (Chapter 663, SB 443)ê

 

      1.  The name or a list of the names of the owners, landlords, exchangers or lessors, or the location [or locations] of property, or of an interest in property, offered for rent, sale, lease or exchange.

      2.  The name, or a list of the names, or the location [or locations] at which prospective or potential purchasers, buyers, lessees, tenants or changers of property may be [found or contacted.] communicated with or found.

      3.  An agreement by which a person who is engaged in the business of promoting the sale or lease of business opportunities or real estate agrees to render to an owner or lessee of [such] the property any services, to promote the sale or lease of [such] the property, for an advance fee. To engage in [such business any such person shall] that business, the person must be licensed as a real estate broker, [or a real estate salesman, as provided in] broker-salesman or salesman pursuant to this chapter.

      4.  An agreement by which a person who is engaged in the business of finding, locating or promoting the sale or lease of business opportunities or real estate agrees, for an advance fee, to circularize, notify or refer business opportunity or real estate brokers or salesmen, or both, to [such] the property which is offered for sale or lease. To engage in [such business any such person shall] that business, the person must be licensed as a real estate broker, [or a real estate salesman, as provided in] broker-salesman or salesman pursuant to this chapter.

“Advance fee listing” does not include publications intended for general circulation.

      Sec. 7.  NRS 645.018 is hereby amended to read as follows:

      645.018  As used in this chapter, “owner-developer” means a person [, natural or artificial,] who owns five or more lots within a recorded subdivision, [or] shown on an approved parcel map [,] or the parceling of which has been approved by the county, on each of which there is a single-family residence not previously sold.

      Sec. 8.  NRS 645.030 is hereby amended to read as follows:

      645.030  1.  Within the meaning of this chapter, a “real estate broker” is any person [, copartnership, association or corporation:

      (a) Who for another and for a compensation, or who with the intention or expectation of receiving a compensation, sells,] who, for another and for compensation or with the intention or expectation of receiving compensation:

      (a) Sells, exchanges, options, purchases, rents, or leases, or negotiates or offers, attempts or agrees to negotiate the sale, exchange, option, purchase, rental, or lease of, or lists or solicits prospective purchasers, lessees or renters of, or collects or offers, attempts or agrees to collect rental for the use of, any real estate or the improvements thereon or any modular homes or other housing, including used mobile homes, offered or conveyed with any interest in real estate; or

      (b) [Who engages] Engages in or offers to engage in the business of claiming, demanding, charging, receiving, collecting or contracting for the collection of an advance fee in connection with any employment undertaken to promote the sale or lease of business opportunities or real estate by advance fee listing advertising or other offerings to sell, lease, exchange or rent property.


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ê1979 Statutes of Nevada, Page 1536 (Chapter 663, SB 443)ê

 

      2.  Any person [, copartnership, association or corporation] who, for another and for [a] compensation, aids, assists, solicits or negotiates the procurement, sale, purchase, rental or lease of public lands [shall be deemed to be] is a real estate broker within the meaning of this chapter.

      3.  A real estate broker is an employer for the purpose of providing coverage for industrial insurance and occupational diseases, and shall submit proof of coverage under chapter 616 and 617 of NRS for himself and any broker-salesman or salesman associated with him who has not agreed to pay premiums directly, in order to obtain or renew a license.

      4.  A broker who is a natural person [shall be deemed] is an employee for the purposes of industrial insurance and occupational disease coverage.

      5.  A broker may agree with any broker-salesman or salesman with whom the broker is associated for the direct payment of premiums by the broker-salesman or salesman for coverage under the provisions of chapters 616 and 617 of NRS.

      Sec. 9.  NRS 645.050 is hereby amended to read as follows:

      645.050  1.  [A commission to be known as the] The Nevada real estate advisory commission is hereby created. The commission [shall consist] consists of five members appointed by the governor. The governor shall obtain and consider a list of nominees from the Nevada Association of Realtors.

      2.  The commission shall act in an advisory capacity to the real estate division, [promulgate rules and] adopt regulations, approve or disapprove all applications for licenses, and conduct hearings as provided in this chapter. The commission shall adopt regulations establishing standards for the operation of licensees’ offices and for their business conduct and ethics.

      3.  The commission may by regulation delegate any authority conferred upon it by this chapter to the administrator to be exercised pursuant to the regulations of the commission.

      Sec. 10.  NRS 645.140 is hereby amended to read as follows:

      645.140  1.  [All] Except as provided in this section, all fees and charges received by the [real estate] division, [except the fees for each real estate broker’s examination and the fees for each real estate salesman’s examination, shall] pursuant to NRS 645.830 must be deposited in the [general fund in the state treasury.] state general fund. The fees received by the [real estate] division for each real estate broker’s and real estate salesman’s examination [shall] and from the sale of publications must be retained by the [real estate] division to pay the costs of examining the applicants [,] and printing and distributing publications, and any surplus [shall] must be deposited in the [general fund in the state treasury. Funds] state general fund. Money for the support of the [real estate] division [shall] must be provided by direct legislative appropriation, and [shall] be paid out on claims as other claims against the state are paid.

      2.  Each member of the commission [shall] is entitled to receive:

      (a) A salary of not more than $40 per day, as fixed by the commission, while engaged in the business of the commission.


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

ê1979 Statutes of Nevada, Page 1537 (Chapter 663, SB 443)ê

 

      (b) [Per] The per diem allowance and travel expenses [as] provided by law.

      Sec. 11.  NRS 645.180 is hereby amended to read as follows:

      645.180  1.  The [real estate] division shall adopt a seal [with such design as the real estate division may prescribe engraved thereon,] by which it shall authenticate its proceedings.

      2.  Records kept in the office of the [real estate] division under authority of this chapter [shall be] are open to public inspection under [such rules and] regulations [as shall be prescribed] adopted by the real estate division, except that the division may refuse to make public, unless ordered to do so by a court:

      (a) Real estate brokers’ and real estate salesmen’s examinations;

      (b) Files complied by the division while investigating possible violations of this chapter or chapter 119 of NRS; and

      (c) The criminal and financial records of licensees, [or] applicants for licenses [.] and owner-developers.

      3.  Copies of all records and papers in the office of the [real estate] division, [duly] certified and authenticated by the seal of the [real estate] division, [shall] must be received in evidence in all courts equally and with like effect as the originals.

      Sec. 12.  NRS 645.190 is hereby amended to read as follows:

      645.190  1.  The [real estate] division may do all things necessary and convenient for carrying into effect the provisions of this chapter.

      2.  The commission or the administrator, with the approval of the commission, may from time to time adopt reasonable regulations for the administration of this chapter. When regulations are proposed by the administrator, in addition to other notices required by law, he shall provide copies of the proposed regulations to the commission no [less] later than 30 days [prior to] before the next commission meeting. The commission shall approve, amend or disapprove any proposed regulations at [such] that meeting.

      3.  All regulations adopted by the commission, or adopted by the administrator with the approval of the commission, [shall] must be published by the division and offered for sale at a reasonable fee.

      4.  The [real estate] division may publish or supply a reference manual or study guide for licensees or applicants for licenses, and may offer it for sale at a reasonable fee.

      Sec. 13.  NRS 645.195 is hereby amended to read as follows:

      645.195  1.  The [real estate] division shall regularly inspect the [records] transaction files, trust records and pertinent real estate business accounts of all real estate brokers and owner-developers to ensure compliance with the provisions of this chapter.

      2.  The commission shall adopt [rules and regulations with respect to such] regulations pertaining to those inspections.

      Sec. 14.  NRS 645.200 is hereby amended to read as follows:

      645.200  1.  The attorney general shall render to the [real estate] division opinions upon all questions of law relating to the construction or interpretation of this chapter, or arising in the administration thereof, that may be submitted to him by the [real estate division.] division or the commission.


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ê1979 Statutes of Nevada, Page 1538 (Chapter 663, SB 443)ê

 

      2.  The attorney general shall act as the attorney for the [real estate] division in all actions and proceedings brought against [the real estate] or by the division [under or] pursuant to any of the provisions of this chapter.

      Sec. 15.  NRS 645.240 is hereby amended to read as follows:

      645.240  1.  The provisions of this chapter [shall] do not apply to, and the terms “real estate broker” and “real estate salesman” [as defined in NRS 645.030 and 645.040 shall] do not include, any person [, copartnership, association or corporation] who, as owner or lessor, [shall perform] performs any of the acts mentioned in NRS 645.030, 645.040, 645.230 and 645.260, with reference to property owned or leased by them, or to the regular employees thereof with respect to the property so owned or leased, where [such] those acts are performed in the regular course of or as an incident to the management of such property and the investment therein. For purposes of this subsection “management” means activities which tend to preserve or increase the income from the property by preserving the physical desirability of the property or maintaining high standards of service to tenants. “Management” does not include sales activities.

      2.  The provisions of this chapter [shall] do not apply to:

      (a) Persons acting as attorney in fact under [a duly] an executed power of attorney from the owner authorizing the final consummation by performance of any contract for the sale, leasing or exchange of real estate.

      (b) Any bank, trust company, building and loan association, or any land mortgage or farm loan association organized under the laws of this state or of the United States, when engaged in the transaction of business within the scope of its corporate powers. [as provided by law.]

      (c) A corporation which, through its regular officers who receive no special compensation for it, performs any of those acts with reference to the property of the corporation.

      3.  This chapter [shall not be construed to include:] does not apply to:

      (a) In any way, the services rendered by an attorney at law in the performance of his duties as such attorney at law.

      (b) While acting as such, a receiver, trustee in bankruptcy, administrator or executor, or any person doing any of the acts specified in NRS 645.030 under jurisdiction of any court.

      (c) A trustee acting under a trust agreement, deed of trust or will, of the regular salaried employees thereof.

      (d) The purchase, sale or locating of mining claims or options thereon or interests therein.

      Sec. 16.  NRS 645.280 is hereby amended to read as follows:

      645.280  1.  It [shall be] is unlawful for any licensed real estate broker, or [real estate] broker-salesman or salesman to offer, promise, allow, give or pay, directly or indirectly, any part or share of his commission or compensation arising or accruing from any real estate transaction to any person who is not a licensed real estate broker, broker-salesman or [real estate] salesman, in consideration of services performed or to be performed by [such] the unlicensed person. [; but a] A licensed real estate broker may pay a commission to a licensed broker of another state.


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ê1979 Statutes of Nevada, Page 1539 (Chapter 663, SB 443)ê

 

estate broker may pay a commission to a licensed broker of another state.

      2.  [No] A real estate broker-salesman or salesman shall not be associated with or accept compensation from any person other than the broker or owner-developer under whom he is at the time licensed.

      3.  It [shall be] is unlawful for any licensed real estate broker-salesman or salesman to pay a commission to any person except through the broker or owner-developer under whom he is at the time licensed.

      Sec. 17.  NRS 645.300 is hereby amended to read as follows:

      645.300  When a licensee prepares or has prepared an agreement authorizing or employing [such licensee] him to purchase or sell real estate for compensation or commission, [such licensee] he shall deliver a copy of [such] the agreement to the person signing [the same.] it at the time the signature is obtained, if possible, or otherwise within a reasonable time thereafter. Receipt for the copy may be made on the face of the agreement.

      Sec. 18.  NRS 645.310 is hereby amended to read as follows:

      645.310  1.  All deposits accepted by every person [, copartnership, corporation or association] holding a real estate broker’s license [under the provisions of] or registered as an owner-developer pursuant to this chapter, which deposits are retained by [such real estate broker] him pending consummation or termination of the transaction involved, [shall] must be accounted for in the full amount [thereof] at the time of the consummation or termination.

      2.  Every real estate salesman [, promptly on receipt by him of] who received a deposit on any transaction in which he is engaged on behalf of a broker [,] or owner-developer shall pay over the deposit to the real estate broker [.] or owner-developer.

      3.  A real estate broker shall not commingle the money or other property of his principal with his own.

      4.  [Every real estate broker who does not immediately place all funds entrusted to him by his principal or others in a mutual escrow depository or in the hands of principals shall immediately deposit such moneys of whatever kind or nature belonging to others in a separate custodial or trust fund account maintained by the real estate broker with some bank or recognized depository until the transaction involved is consummated or terminated, at which time the real estate broker shall account for the full amount received; but a] Each broker shall maintain a separate checking account in a bank in this state which must be designated a trust account. All down payments, earnest money deposits, or other trust funds which he receives, on behalf of his principal or any other person, must be deposited in the account unless all persons who have any interest in the money have agreed otherwise in writing. A real estate broker in his discretion may pay to any seller or the seller’s authorized agent the whole or any portion of such special deposit. Such real estate broker [shall, nevertheless, be held] is personally responsible and liable for such deposit at all times. [Under no circumstances shall a] A real estate broker shall not permit any advance payment of funds belonging to others to be deposited in the real estate broker’s business or personal account or to be commingled with any [funds] money he may have on deposit.


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ê1979 Statutes of Nevada, Page 1540 (Chapter 663, SB 443)ê

 

or personal account or to be commingled with any [funds] money he may have on deposit.

      5.  Every real estate broker required to maintain [such] a separate custodial or trust fund account shall keep records of all [funds] money deposited therein, which records [shall indicate clearly] must clearly indicate the date and from whom he received money, the date deposited, the dates of withdrawals, and other pertinent information concerning the transaction, and [shall] must show clearly for whose account the money is deposited and to whom the money belongs. All such records and [funds shall be] money are subject to inspection and audit by the [real estate] division and its authorized representatives. All such separate custodial or trust fund accounts [shall] must designate the real estate broker as trustee and [all such accounts must] provide for withdrawal of [funds] money without previous notice.

      6.  Each broker shall notify the division of the names of the banks in which he maintains trust accounts and specify the names of the accounts on forms provided by the division.

      Sec. 19.  NRS 645.330 is hereby amended to read as follows:

      645.330  1.  [Licenses shall be granted only to persons who:

      (a) Bear a good reputation for honesty, truthfulness and fair dealing.

      (b) Are of good moral character.

      (c) Are competent to transact the business of a real estate broker or real estate salesman in such a manner as to safeguard the interests of the public.

      2.  An applicant must be a person whose application has not been rejected or denied, except for a failure to pass the written examination, in this or any other state within the period of 1 year prior to the application, or whose real estate license has not been revoked in this or any other state, district or territory of the United States or in any foreign country within 1 year prior to the date of application.]

      The division may approve an application for examination for a license for a person who:

      (a) Has a good reputation for honesty, trustworthiness, integrity and competence to transact the business of a broker, broker-salesman or salesman in a manner which safeguards the interest of the public, and who offers satisfactory proof of those qualifications to the board.

      (b) Has not been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude in any court of competent jurisdiction in the United States or elsewhere. The untrustworthiness of an applicant and a conviction of a crime listed in this subsection may be sufficient ground for refusal of a license. The board may, in its discretion, deny a license to any person who has been convicted of engaging in a real estate business without a license.

      (c) Has not made a false statement of material fact on his application.

      (d) Is competent to transact the business of a real estate broker, broker-salesman or salesman in a manner which will safeguard the interests of the public.

      2.  Suspension or revocation of a license pursuant to this chapter or any prior revocation or current suspension in this or any other state, district or territory of the United States or any foreign country within 1 year before the date of the application is grounds for refusal to grant a license.


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ê1979 Statutes of Nevada, Page 1541 (Chapter 663, SB 443)ê

 

any prior revocation or current suspension in this or any other state, district or territory of the United States or any foreign country within 1 year before the date of the application is grounds for refusal to grant a license.

      3.  A person [shall] must not be licensed as a real estate broker unless he has been actively engaged as a full-time licensed real estate broker-salesman or salesman in this state, or actively engaged as a full-time licensed real estate broker, broker-salesman or salesman in another state or the District of Columbia, for at least 2 of the 4 years immediately [prior to the] preceding:

      (a) The issuance of a broker’s license [.] ; or

      (b) The date of application for examination for a broker’s license.

      Sec. 20.  NRS 645.340 is hereby amended to read as follows:

      645.340  1.  The [real estate] division shall not approve [the issuance of] an application for examination for a license a broker’s or salesman’s license [to] of any person unless [such person] he is a bona fide resident of the State of Nevada.

      2.  The requirements of subsection 1 are applicable to each member of a copartnership or association and to each officer or director of a corporation who will actively engage in the real estate business.

      [3.  Any person licensed as a real estate broker or real estate salesman within the State of Nevada at any time prior to July 1, 1949, shall be exempt from the citizenship requirements of this chapter. Nothing in this chapter shall affect the right of such noncitizen now holding a real estate broker’s license or a real estate salesman’s license to renewal or reinstatement of his license in accordance with the provisions of this chapter.]

      Sec. 21.  NRS 645.350 is hereby amended to read as follows:

      645.350  1.  Application for examination for license as a real estate broker, [or] broker-salesman [shall] or salesman must be made in writing to the [real estate] division upon blanks prepared or furnished by the [real estate] division.

      2.  Every application for examination for a real estate broker’s, [or] broker-salesman’s or salesman’s license [shall] must set forth the following information:

      (a) The name, age and address of the applicant. If the applicant is a copartnership or an association [,] which is doing business as a real estate broker, the name [, age] and address of each member thereof. If the application is for a corporation [,] which is doing business as a real estate broker, the name [, age] and address of each officer and director thereof.

      (b) The name, if known, under which the business is to be conducted. The name is a fictitious name if it does not contain the name of the applicant or the names of the members of the applicant’s firm, copartnership or association. A license shall not be issued under a fictitious name which includes the name of a real estate salesman or broker-salesman. A license shall not be issued under the same fictitious name to more than one licensee within the state. All licensees doing business under a fictitious name shall comply with other pertinent statutory regulations regarding the use of fictitious names.


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ê1979 Statutes of Nevada, Page 1542 (Chapter 663, SB 443)ê

 

      (c) The place or places, including the street number, the city and county where the business is to be conducted, if known.

      (d) The business or occupation engaged in by the applicant for a period of at least 2 years immediately preceding the date of the application, and the location thereof [. If the applicant is] ; if a copartnership or an association [,] is doing business as a real estate broker, by each member thereof, or if a corporation, by each officer thereof.

      (e) The time and place of the applicant’s previous experience in the real estate business as a broker or salesman. [If the applicant is a copartnership or association, by each member thereof, or if a corporation, by each officer thereof.]

      (f) Whether the applicant has even been convicted of or is under indictment for a felony [,] or has entered a plea of guilty to a charge of felony, and if so, the nature of the felony.

      (g) Whether the applicant has been refused a real estate broker’s, [or real estate] broker-salesman’s or salesman’s license in any state, or whether his license as a broker or salesman has been revoked or suspended by any other state. [If the applicant is a copartnership or an association, by each member thereof; if the applicant is a corporation, by each officer thereof.]

      (h) [If the applicant is a copartnership, association or corporation, the name of the designated member or officer thereof who is to receive his license by virtue of the issuance of a license to the copartnership, association or corporation, as provided in this chapter.

      (i)] If the applicant is a member of a copartnership or association, or an officer of a corporation, the name and office address of the copartnership, association or corporation of which the applicant is a member or officer.

      (i) An applicant for examination for a license as a broker-salesman or salesman shall provide a verified statement from the broker with whom he will be associated. The statement must be provided to the division and must contain:

             (1) The information required in an application for a broker’s license.

             (2) The name and address of the applicant’s last employer.

             (3) The name and place of business of the person who employs the applicant or with whom he will be associated.

      3.  If the information required in paragraphs (b) and (c) of subsection 2 is not known at the time of the application, it [shall] must be furnished as an addendum to the application as soon as it becomes known to the applicant.

      4.  [The application for a broker’s license shall be verified by the applicant. If the application is made by a copartnership or an association, it shall] If a copartnership or association is doing business as a real estate broker, the application for a broker’s license must be verified by at least two members thereof. [; if made by a corporation, it shall] If a corporation is doing business as a real estate broker, the application must be verified by the president and the secretary thereof.

      Sec. 22.  NRS 645.360 is hereby amended to read as follows:

      645.360  1.  An application for examination for a license as a real estate broker, [or] broker-salesman [shall] or salesman must be accompanied by the recommendation of at least three [resident citizens] persons who are not related to the applicant who have known the applicant for a period of 2 years or more.


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ê1979 Statutes of Nevada, Page 1543 (Chapter 663, SB 443)ê

 

accompanied by the recommendation of at least three [resident citizens] persons who are not related to the applicant who have known the applicant for a period of 2 years or more.

      2.  The recommendation [shall be under oath and shall:

      (a) Certify] must state that the applicant bears a good reputation for honesty, truthfulness, fair dealing and competency.

      [(b) Recommend that a license be granted to the applicant.]

      Sec. 23.  NRS 645.370 is hereby amended to read as follows:

      645.370  1.  Every copartnership [in its application for a license shall] doing business as a real estate broker must designate and appoint one of its members, and every corporation [in its application for a license shall] doing business as a real estate broker must designate and appoint one of its officers, to submit an application for a broker’s license.

      2.  Upon such member’s or officer’s successfully passing the examination, and upon compliance with all other requirements of law by the copartnership or corporation, as well as by the designated member or officer, the [real estate] division shall issue a broker’s license to [such] the member or officer on behalf of the corporation or copartnership, and thereupon the member or officer so designated is entitled to perform all the acts of a real estate broker contemplated by this chapter; except:

      (a) That the license entitles [such] the member or officer so designated to act as a real estate broker only as officer or agent of the copartnership or corporation, and not on his own behalf, except as provided in NRS 645.385; and

      (b) That if in any case the person so designated is refused a license by the real estate division, or in case he ceases to be connected with the copartnership or corporation, the copartnership or corporation may designate another person who shall make application and qualify as in the first instance.

      Sec. 24.  NRS 645.400 is hereby amended to read as follows:

      645.400  1.  In addition to the information required by this chapter, applications for brokers’ or salesmen’s [licenses shall] examinations and licenses must contain such other information pertaining to the applicants as the commission [shall] may require.

      2.  The commission may require such other proof through the application or otherwise, [as it shall deem desirable,] with due regard to the paramount interests of the public as to the honesty, truthfulness, integrity and competency of the applicant.

      3.  The commission [is expressly vested with the power and authority to make and enforce any and all reasonable rules and] may adopt regulations connected with the application for any [license as shall be deemed necessary to administer and enforce the provisions of this chapter.] examination and license.

      Sec. 25.  NRS 645.410 is hereby amended to read as follows:

      645.410  [1.  Except as provided in subsection 2, every] Every application for examination for a license as real estate broker, [or real estate] broker-salesman or salesman under the provisions of this chapter [shall] must be accompanied by the examination fee prescribed by this chapter. The applicant shall pay the original license fee and the real estate education, research and recovery fund fee within 30 days after he is notified in writing by the division that he has passed the examination.


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ê1979 Statutes of Nevada, Page 1544 (Chapter 663, SB 443)ê

 

after he is notified in writing by the division that he has passed the examination. If an applicant fails to pay the prescribed fees within 30 days [of such] after notification, no license [shall] may be issued to him except upon another original application, except that within 1 year of the due date a license may be issued upon payment of a fee one and one-half times the amount otherwise required for a license.

      [2.  If an applicant for a broker’s license has taken the examination prior to meeting the experience requirements of subsection 3 of NRS 645.330, he shall pay the fee required in subsection 1 after he has met all requirements qualifying him for a broker’s license and at the time he makes application to change his license status from broker-salesman to broker.]

      Sec. 26.  NRS 645.440 is hereby amended to read as follows:

      645.440  1.  If the [real estate] division, after an application in proper form has been filed with it, accompanied by the proper fee, [and the applicant’s certification of trustworthiness, competency and integrity,] denies an application, [to the applicant, the real estate] the division shall give notice of the fact to the applicant within 15 days after its ruling, order or decision.

      2.  Upon written request from the applicant, filed within 30 days after receipt of [such] that notice by the applicant, the president of the commission shall set the matter [down] for a hearing to be conducted within 90 days after receipt of the applicant’s request [.] if the request contains allegations which, if true:

      (a) Qualify the applicant to take the examination;

      (b) Qualify the applicant for a license; or

      (c) Would entitle the applicant to a waiver of the education requirements of NRS 645.343.

      3.  The hearing [shall be] must be held at such time and place as the commission prescribes. At least 15 days [prior to] before the date set for the hearing, the [real estate] division shall notify the applicant [and other persons interested or protesting,] and shall accompany [such] the notification with an exact copy of any protest filed, together with copies of [any and] all communications, reports, affidavits or depositions in possession of the [real estate] division [touching upon or relating] relevant to the matter in question. [Such written] Written notice of hearing may be served by delivery personally to the applicant, or by mailing [the same by registered or] it by certified mail to the last-known business address of the applicant. If the application is for a real estate salesman’s license, the [real estate] division shall also notify the broker with whom the applicant expected to be associated by mailing [such] the notice by [registered or] certified mail to the broker’s last-known business address.

      4.  The hearing may be held by the commission or a majority thereof, and a hearing [shall] must be held, if the applicant so desires, within the county where the applicant’s principal place of business is situated. [Stenographic notes of the proceedings shall be taken and filed as part of the record in the case. Any party to the proceedings desiring it shall be furnished with a copy of such stenographic notes] A record of the proceedings, or any part thereof, must be made available to each party upon the payment to the [real estate] division of such fee as the commission prescribes by regulation, not exceeding 25 cents per folio [.]


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ê1979 Statutes of Nevada, Page 1545 (Chapter 663, SB 443)ê

 

upon the payment to the [real estate] division of such fee as the commission prescribes by regulation, not exceeding 25 cents per folio [.] or the cost of reproducing the tape.

      5.  The commission shall render a decision on any [application] appeal within 60 days from the final hearing [on such application,] and shall [immediately] notify the parties to the proceedings, in writing, of its ruling, order or decision [.] within 15 days after it is made.

      6.  Where an applicant has been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or other like offense or offenses, or has been convicted of a felony or a crime involving moral turpitude, and has been convicted [thereof] or has entered a plea of guilty in a court of competent jurisdiction of this or any other state, district or territory of the United States, or of a foreign country, such untrustworthiness of the applicant, and the conviction, may in itself be sufficient ground for refusal of a license.

      7.  Where an applicant has made a false statement of material fact on his application such false statement may in itself be sufficient ground for refusal of a license.

      Sec. 27.  NRS 645.460 is hereby amended to read as follows:

      645.460  1.  In addition to the proof of honesty, truthfulness and good reputation required of any applicant for a real estate license, the [real estate] division shall ascertain by written examination that the applicant has an appropriate knowledge and understanding of those subjects which commonly and customarily apply to the real estate business.

      2.  The division may hire a professional testing organization to create, administer or score the written examination or perform all of those functions.

      3.  The division shall notify each applicant of his having passed or failed the examination.

      Sec. 28.  NRS 645.475 is hereby amended to read as follows:

      645.475  1.  An applicant for a real estate broker’s [license] examination may take the written examination [for such license] upon furnishing proof satisfactory to the [real estate] division that he has complied with all the requirements for a broker’s license with the exception of the experience requirements of subsection 3 of NRS 645.330; but the [real estate] division shall not approve the issuance of a broker’s license until all the requirements of this chapter are met.

      2.  An applicant, pursuant to subsection 1, who passes the broker’s examination [shall] must be issued a broker-salesman’s license. [Such an] The applicant shall pay the license fee and the required amount to the real estate education, research and recovery fund within 30 days after he is notified that he has passed the examination or paid the additional fee required by NRS 645.410. The applicant may be issued a broker’s license upon:

      (a) Making proper application to the [real estate] division; and

      (b) Satisfying the experience requirements of subsection 3 of NRS 645.330.

      Sec. 29.  NRS 645.490 is hereby amended to read as follows:

      645.490  1.  Upon satisfactorily passing the written examination and upon complying with all other provisions of law and conditions of this chapter, a license shall thereupon be granted by the [real estate] division to the successful applicant therefor as a real estate broker, broker-salesman or [real estate] salesman, and the applicant upon receiving [such license is authorized to] the license may conduct the business of a real estate broker, broker-salesman or [real estate] salesman in this state.


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ê1979 Statutes of Nevada, Page 1546 (Chapter 663, SB 443)ê

 

upon complying with all other provisions of law and conditions of this chapter, a license shall thereupon be granted by the [real estate] division to the successful applicant therefor as a real estate broker, broker-salesman or [real estate] salesman, and the applicant upon receiving [such license is authorized to] the license may conduct the business of a real estate broker, broker-salesman or [real estate] salesman in this state.

      2.  The [real estate] division shall issue licenses as real estate broker, broker-salesman or [real estate] salesman to all applicants who [shall] qualify and [who shall] comply with all provisions of law and all requirements of this chapter.

      Sec. 30.  NRS 645.520 is hereby amended to read as follows:

      645.520  1.  The [real estate] division shall issue to each licensee a license in such form and size as [shall be] is prescribed by the [real estate] division.

      2.  Each license [shall:] must:

      (a) Show the name and address of the licensee, and in case of a real estate broker-salesman’s or salesman’s license, [shall] show the name of the real estate broker with whom he will be associated.

      (b) Have imprinted thereon the seal of the [real estate] division.

      (c) Contain [such] any additional matter [as shall be] prescribed by the [commission.] division.

      3.  [Not more than one real estate salesman’s license may be issued to any real estate salesman for the same period of time.] No real estate broker-salesman or salesman may be associated with or employed by more than one broker or owner-developer at the same time.

      Sec. 31.  NRS 645.530 is hereby amended to read as follows:

      645.530  1.  The license of each real estate broker-salesman or salesman [shall] must be delivered or mailed to the real estate broker with whom the [real estate salesman] licensee is associated or to the owner-developer by whom [the real estate salesman] he is employed and [shall] must be kept in the custody and control of the broker or owner-developer.

      2.  Each real estate broker shall:

      (a) Display his license conspicuously in his place of business. If a real estate broker maintains more than one place of business within the state, [a duplicate license shall] an additional license must be issued to [such] the broker for each branch office so maintained by him, and the duplicate license [shall] must be displayed conspicuously in each branch office.

      (b) Prominently display in his place [or places] of business the licenses of all real estate broker-salesmen and salesmen associated with him therein or in connection therewith.

      3.  Each owner-developer shall prominently display in his place [or places] of business the license of each real estate broker-salesman and salesman employed by him. [in connection with that place of business.]

      Sec. 32.  NRS 645.540 is hereby amended to read as follows:

      645.540  1.  The [real estate] division shall prepare and deliver to each licensee a pocket card, which card, among other things, [shall:] must:

      (a) Contain an imprint of the seal of the [real estate] division.


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ê1979 Statutes of Nevada, Page 1547 (Chapter 663, SB 443)ê

 

      (b) Certify that the person whose name appears thereon is a licensed real estate broker, broker-salesman or real estate salesman, [as the case may be,] and if it is a real estate broker-salesman’s or salesman’s card it [shall] must also contain the name and address of the broker or owner-developer with whom he is associated.

      2.  The matter to be printed on such pocket card, [except as] other than that set forth in subsection 1, [shall] must be prescribed by the [commission.] division.

      Sec. 33.  NRS 645.550 is hereby amended to read as follows:

      645.550  1.  Every [person, copartnership, association or corporation licensed as a] real estate broker [under the provisions of this chapter] shall have and maintain a definite place of business within the state, which [shall] must be a room or rooms used for the transaction of real estate business, or such business and any allied businesses, and which [shall serve as his, their or its] must serve as the office for the transaction of business under the authority of the license, and where the license [shall] must be prominently displayed.

      2.  The place of business [shall] must be specified in the application for license and designated in the license.

      3.  No license [issued under the authority of this chapter shall authorize] authorizes the licensee to transact business from any office other than that designated in the license.

      4.  Each city, town or county may require a license for revenue purposes for a licensed real estate broker or owner-developer who maintains an office within [such] the city or town, or within the county outside the cities and towns of the county, respectively.

      Sec. 34.  NRS 645.560 is hereby amended to read as follows:

      645.560  1.  Each licensed real estate broker shall erect and maintain a sign in a conspicuous place upon the premises [whereon or wherein his business is being conducted] of his place of business to indicate that he is a licensed real estate broker. The name of the broker or the name under which he conducts his business [, if the same be a fictitious name, as] set forth in his license [, or the name of any copartnership, association or corporation licensed under this chapter, shall] must be clearly shown thereon.

      2.  The size and place of the sign [shall] must conform to [whatever] regulations [governing the same may be] adopted by the commission.

      3.  Similar signs [shall] must also be erected and maintained in a conspicuous place at all branch offices. [wherein or whereon such real estate broker shall conduct his business.]

      Sec. 35.  NRS 645.570 is hereby amended to read as follows:

      645.570  1.  Notice in writing [shall] must be given by the broker or a corporate officer to the [real estate] division within [30] 10 days of any change of name [, personnel] or business location of any licensee or of a change of association of any broker-salesman or salesman licensee. Upon the surrender of the license [certificate] and pocket identification card previously issued and the payment of the fee required by law the [real estate] division shall [issue a new] issue the license for the unexpired license term.


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ê1979 Statutes of Nevada, Page 1548 (Chapter 663, SB 443)ê

 

      2.  Upon the transfer of association of any broker-salesman or salesman licensee, application accompanied by the fee required by law [shall] must be made to the [real estate] division for the [issuance of a new] reissuance of the license to [such] the broker-salesman or salesman for the unexpired term. Such transfer [shall] may only be into an association with a [duly] licensed broker or registered owner-developer who shall certify to the honesty, truthfulness and good reputation of the transferee.

      3.  Failure to give notice as required by this section constitutes cause for the revocation of any outstanding license [.] or involuntary inactivation of the license.

      Sec. 36.  (Deleted by amendment.)

      Sec. 37.  NRS 645.580 is hereby amended to read as follows:

      645.580  1.  When any real estate broker-salesman or salesman terminates, for any reason, his association with the real estate broker with whom he was associated, or his employment with the owner-developer by whom he was employed, [such] the real estate broker or owner-developer shall:

      (a) Immediately deliver or mail by [registered or] certified mail to the [real estate] division the real estate broker-salesman’s or salesman’s license, together with a written statement of the circumstances surrounding the termination of the association or the employment.

      (b) At the time of delivering or mailing [such real estate salesman’s] the license to the [real estate] division, address a communication to the last-known residence address of [such real estate] the broker-salesman or salesman, [which communication shall advise the real estate salesman] advising him that his license has been delivered or mailed to the [real estate] division. A copy of [such communication to the real estate salesman shall] the communication must accompany the license when delivered or mailed to the [real estate] division.

      (c) A broker-salesman or salesman must, within 30 days after termination of that association, become associated with or employed by another broker or owner-developer or request that his license be placed on inactive status.

      2.  It is unlawful for any real estate salesman to perform any of the acts contemplated by this chapter, either directly or indirectly, under authority of the license on or after the date of receipt of the license from the broker or owner-developer by the [real estate] division and until the license is transferred or reissued or a new license is issued.

      3.  A license [shall] must not be transferred [nor a new license issued to such] or reissued to the real estate broker-salesman or salesman until he has returned his former pocket card to the division or satisfactorily accounted for it.

      Sec. 38.  NRS 645.610 is hereby amended to read as follows:

      645.610  The administrator may [upon his own motion, and shall upon the complaint in writing of any person,] investigate the actions of any real estate broker, [or real estate salesman,] broker-salesman, salesman, owner-developer or any person who [shall assume to act in either] acts in any such capacity within this state.

      Sec. 39.  NRS 645.620 is hereby amended to read as follows:


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ê1979 Statutes of Nevada, Page 1549 (Chapter 663, SB 443)ê

 

      645.620  The [real estate] division shall maintain in its main office a public docket or other record in which it shall record from time to time as made:

      1.  The rulings or decisions upon all complaints filed with it.

      2.  All investigations instituted by it in the first instance, upon or in connection with which any hearing shall have been had, or in which the licensee charged shall have made no defense.

      3.  Denials of applications for examination or licensing.

      Sec. 40.  NRS 645.630 is hereby amended to read as follows:

      645.630  The commission may suspend, revoke or reissue subject to conditions any license issued under the provisions of this chapter at any time where the licensee has, by false or fraudulent representation, obtained a license, or where the licensee, whether or not acting as a licensee, is found [to be] guilty of:

      1.  Making any [substantial] material misrepresentation.

      2.  Making any false promises of a character likely to influence, persuade or induce.

      3.  [Pursuing a continued and flagrant course of misrepresentation, or making of false promises through agents or salesmen or advertising or otherwise.

      4.] Acting for more than one party in a transaction without the knowledge of all parties for whom he acts.

      [5.]4.  Accepting a commission or valuable consideration as a real estate broker-salesman or salesman for the performance of any of the acts specified in this chapter from any person except the licensed real estate broker with whom he is associated [.] or the owner-developer by whom he is employed.

      [6.]5.  Representing or attempting to represent a real estate broker other than the broker with whom he is associated, without the express knowledge and consent of the broker with whom he is associated.

      [7.]6.  Failing, within a reasonable time, to account for or to remit any [moneys coming] money which comes into his possession and which [belong] belongs to others.

      [8.  Willfully using the term “realtor” or any other trade name or insignia of membership in any real estate organization of which the licensee is not a member, without the legal right so to do.

      9.  Disregarding or violating any of the provisions of this chapter, chapter 119 of NRS or of any regulation promulgated under either chapter.

      10.  Paying or receiving any rebate, profit, compensation or commission in violation of this chapter.

      11.  Inducing any party to a contract, sale or lease to break such contract for the purpose of substituting in lieu thereof a new contract with the same principal or a different principal, where such substitution is motivated by the personal gain of the licensee.

      12.  Forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, theft, fraud, conspiracy, a crime involving moral turpitude or other like offense, whether arising from a real estate transaction or not, and has been convicted thereof in a court of competent jurisdiction.


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ê1979 Statutes of Nevada, Page 1550 (Chapter 663, SB 443)ê

 

      13.  Guaranteeing, or having authorized or permitted any person to guarantee, future profits which may result from the resale of real property.

      14.  Negligence, or failure to disclose or to ascertain and disclose to any person with whom such licensee is dealing, any material fact, data or information concerning or relating to the property with which such licensee is dealing, which such licensee knew.

      15.  The practice of claiming, demanding or receiving a fee, compensation or commission under any exclusive agreement authorizing or employing a licensee to sell, buy or exchange real estate for compensation or commission where such agreement does not contain a definite, specified date of final and complete termination.

      16.  The claiming or taking by a licensee of any secret or undisclosed amount of compensation, commission or profit or the failure of a licensee to reveal to the employer of such licensee the full amount of such licensee’s compensation, commission or profit under any agreement authorizing or employing such licensee to sell, buy or exchange real estate for compensation or commission prior to or coincident with the signing of such agreement evidencing the meeting of the minds of the contracting parties, regardless of the form of such agreement, whether evidenced by documents in an escrow or by any other or different procedure.

      17.  The use by a licensee of any provision allowing the licensee an option to purchase in an agreement authorizing the licensee to sell, buy or exchange real estate for compensation or commission, except when such licensee, prior to or coincident with election to exercise such option to purchase, reveals in writing to the broker with whom he is associated the full amount of licensee’s profit and obtains the written consent of the broker approving the amount of such profit.

      18.  Demonstrated negligence or incompetence in performing any act for which he is required to hold a license.

      19.  Any other conduct, whether of the same or a different character from that hereinbefore specified, which constitutes improper, fraudulent or dishonest dealing.

      20.  Any conduct, prior to his being licensed, which was in fact unknown to the commission and which would have been grounds for denial of a license had the commission been aware of such conduct.]

      7.  Commingling the money or other property of his principals with his own or converting the money of others to his own use.

      8.  Failure by a broker-salesman or salesman to place in the custody of his licensed broker or owner-developer, as soon as possible, any deposit money or other money or consideration entrusted to him by any person dealing with him as the representative of his licensed broker.

      9.  Accepting other than cash as earnest money unless that fact is communicated to the owner before his acceptance of the offer to purchase, and such fact is shown in the earnest money receipt.

      10.  Upon acceptance of agreement, failure on the part of a broker to deposit any check or cash received as an earnest money deposit before the end of the next banking day unless otherwise provided in the purchase agreement.


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ê1979 Statutes of Nevada, Page 1551 (Chapter 663, SB 443)ê

 

      Sec. 41.  NRS 645.660 is hereby amended to read as follows:

      645.660  1.  Any unlawful act or violation of any of the provisions of this chapter by any licensee is not cause for the suspension or revocation of a license of any person associated with [such] the licensee, unless it appears to the satisfaction of the commission that the associate had guilty knowledge thereof. A course of dealing shown to have been persistently and consistently followed by any licensee constitutes prima facie evidence of such knowledge upon the part of the associate.

      2.  If it [so] appears that a registered owner-developer had [such] guilty knowledge of any [such] unlawful act or violation on the part of a real estate broker-salesman or salesman employed by him, in the course of [such salesman’s] his employment, the commission may suspend or revoke his registration.

      Sec. 42.  NRS 645.670 is hereby amended to read as follows:

      645.670  In the event of the revocation or suspension of the license issued to any member of a copartnership or to any officer of a corporation, [the license issued to such copartnership or corporation shall be revoked by the commission unless, within a time fixed by the commission, where a copartnership, the connection therewith of] the copartnership or corporation may not conduct business unless the member whose license has been revoked [shall be] is severed and his interest in the copartnership and his share in its activities brought to an end, or [where] if a corporation, the offending officer [shall be] is discharged and [shall have] has no further participation in its activities. [; but such] The discharged or withdrawing member or officer of such copartnership or corporation may reassume his connection with, or be reengaged by such copartnership or corporation upon termination of the suspension or upon reinstatement of his license.

      Sec. 43.  NRS 645.680 is hereby amended to read as follows:

      645.680  1.  The procedure set forth in this section and NRS 645.690 [shall be adhered to] must be followed before the revocation or suspension of any license.

      2.  Upon a complaint being initiated by the administrator, the matter [shall be set down] must be set for a hearing by the administrator, who shall schedule a hearing before the commission, and the licensee is entitled to be heard thereon in person or by counsel.

      3.  The commission shall hold such hearing within 90 days after the filing of a complaint by the administrator. The time of the hearing may, at the discretion of the commission, be continued upon the written request of the licensee or [upon the written request of the division and the written consent of the licensee.] of the division for good cause shown.

      4.  The licensee shall be given at least 30 days’ prior notice in writing by the [real estate] division of the date, time and place of the hearing, which notice [shall] must contain an exact statement of the charges filed, together with a copy of the complaint and copies of [any and] all communications, reports, affidavits or depositions in possession of the [real estate] division relevant to the complaint. The division may present evidence obtained after the notice only if the division shows that the evidence was not available after diligent investigation [prior to] before the time notice was given to the licensee and that such evidence was given or communicated to the licensee immediately after it was obtained.


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ê1979 Statutes of Nevada, Page 1552 (Chapter 663, SB 443)ê

 

the time notice was given to the licensee and that such evidence was given or communicated to the licensee immediately after it was obtained.

      5.  The notice may be served by delivery [of the same] personally to the licensee, or by mailing [the same by registered or] by certified mail to the last-known business address of the licensee. If the licensee is a broker-salesman or salesman, the [real estate] division shall also notify the broker with whom he is associated, or the owner-developer by whom he is employed, by mailing [notice by registered or] an exact statement of the charges and the date, time and place of the hearing by certified mail to the owner-developer or broker’s last-known business address.

      [6.  Within 20 days after service of the notice upon him, the licensee may file a verified answer to the charges with the commission. The answer shall contain an admission or denial of the allegations contained in the complaint and any defenses upon which the licensee will rely.

      7.  The answer may be served by the delivery of the same personally to the commission, or by mailing the answer by registered or certified mail to the principal office of the real estate division.

      8.  No proceeding for the suspension or revocation of any license may be maintained unless it is commenced by the giving of notice to the licensee within 3 years of the time of the act charged, whether of commission or omission; except:

      (a) That if the charges are based upon a misrepresentation, such period does not commence to run until the discovery of facts which do or should lead to the discovery of such misrepresentation; and

      (b) That whenever any suit, action or proceeding is instituted to which the real estate division or the licensee is a party and which involves the conduct of the licensee in the transaction with which the charges are related, the running of the 3-year period with respect to the institution of a proceeding under this chapter to suspend or revoke such license is suspended during the pendency of such suit, action or proceeding.]

      Sec. 44.  NRS 645.690 is hereby amended to read as follows:

      645.690  1.  The hearing on the charges [shall be] must be held at such time and place as the commission [shall prescribe.] prescribes. The hearing may be held by the commission or a majority thereof, and the hearing [shall] must be held, if the licensee so requests in writing, within the county where the licensee’s principal place of business is situated.

      2.  At the hearing the licensee [shall be] is entitled:

      (a) To examine, either in person or by counsel, [any and] all persons [complaining] who testify against him, as well as all other witnesses whose testimony is presented at the hearing and is relied upon to substantiate the charge made.

      (b) To present such evidence, written and oral, as he [may see] sees fit, and [as may be] is pertinent to the inquiry.

      3.  At the hearing, all witnesses [shall be duly] must be sworn by the commission, or any member thereof, and a stenographic transcript of the proceedings [shall] must be made and filed as part of the record in the case. Any party to the proceedings desiring it [shall] must be furnished with a copy of [such] the transcript upon payment to the [real estate] division of such fee as it [shall prescribe by general rule or] adopts by regulation, not exceeding 25 cents per folio.


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ê1979 Statutes of Nevada, Page 1553 (Chapter 663, SB 443)ê

 

[real estate] division of such fee as it [shall prescribe by general rule or] adopts by regulation, not exceeding 25 cents per folio.

      Sec. 45.  NRS 645.710 is hereby amended to read as follows:

      645.710  1.  Each witness who [shall appear] appears by order of the commission [shall] is entitled to receive for his attendance the same fees and mileage allowed by law to a witness in civil cases, which amount [shall] must be paid by the party at whose request [such] the witness is subpenaed.

      2.  When any witness [who has not been] not otherwise required to attend, [at the request of any party shall be] is subpenaed by the commission, his fees and mileage [shall] must be paid [from the funds of the commission in the same manner as other expenses of the commission are paid.] by the division.

      Sec. 46.  NRS 645.740 is hereby amended to read as follows:

      645.740  1.  The commission shall render a decision on any complaint [before the adjournment of the next regular meeting of the commission or within 90 days from] within 15 days after the final hearing thereon [, whichever is later,] and shall give [immediate] notice in writing of [such] the ruling or decision to the applicant or licensee affected thereby [, and where the investigation or hearing shall have been instituted by complaint filed, to the person or persons by whom the complaint was made, the notice to be given by registered or] within 60 days after it is made by certified mail to the last-known address of the person to whom the [same] notice is sent.

      2.  If [such ruling shall be to the prejudice of or shall injuriously affect] the ruling is adverse to the licensee, the commission shall also state in the notice the date upon which the ruling or decision [shall become] becomes effective, which date [shall] must not be less than 30 days [from and] after the date of the notice.

      3.  The decision of the commission [shall] may not be stayed by any appeal in accordance with the provisions of NRS 645.760, unless the district court so orders [.] upon motion of the licensee, notice to the division of the motion and opportunity for the division to be heard.

      4.  [No] An appeal from a decision of the district court affirming the revocation or suspension of a license [shall] does not stay the order of the commission unless the district or appellate court, in its discretion and upon petition of the licensee, after notice and hearing orders such stay, [at which time the court shall also set the amount of the supersedeas.] and upon the filing of a bond for costs in the amount of $1,000.

      Sec. 47.  NRS 645.760 is hereby amended to read as follows:

      645.760  1.  A ruling or decision of the commission [shall be] in any disciplinary action is final when in favor of the licensee.

      2.  If a ruling or decision is against the licensee, the licensee may within [10] 30 days from the date of the decision appeal therefrom to the district court in and for the county in which the party adversely affected by the decision resides or has his place of business under the terms of this chapter, by serving upon the administrator a notice of such appeal, a written petition for review and a demand in writing for a certified transcript of all the papers on file in the office of the [real estate] division affecting or relating to the decision, and all the evidence taken on the hearing, and paying not more than 25 cents for each folio of the transcript and $1 for the certification thereof.


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ê1979 Statutes of Nevada, Page 1554 (Chapter 663, SB 443)ê

 

division affecting or relating to the decision, and all the evidence taken on the hearing, and paying not more than 25 cents for each folio of the transcript and $1 for the certification thereof. Thereupon, the [real estate] division shall, within 30 days, make and certify [such] the transcript, and the appellant shall, within 5 days after receiving [the same, file the same] it, file it and the notice of appeal with the clerk of the court. The petition for review need not be certified but must set forth in specific detail any ground for the appeal, including any errors which the licensee contends that the commission committed at the hearing. The commission is a party to review proceedings. The petition may be served upon the administrator by delivery or by certified mail. The petition must be filed in the district court.

      3.  Upon the hearing of the appeal, the burden of proof shall be upon the appellant, and the court shall [receive and consider any pertinent evidence, whether oral or documentary, concerning] consider the action of the commission from which the appeal is taken, [but shall be] and is limited solely to a consideration and determination of the question whether there has been an abuse of discretion on the part of the commission in making such decision.

      Sec. 48.  NRS 645.830 is hereby amended to read as follows:

      645.830  The following fees must be charged by and paid to the division:

 

For each real estate salesman’s or broker’s examination......................          $40

For each original real estate broker’s, broker-salesman’s or corporate broker’s license      ............................................................................................................. 80

For each original real estate salesman’s license.......................................            50

For each original branch office license......................................................            50

For each real estate education, research and recovery fee to be paid at the time of issuance of original license or renewal................................................            40

For each penalty assessed for failure of an applicant for an original broker’s, broker-salesman’s or corporate broker’s license to file within 30 days of notification      ............................................................................................................. 40

For each penalty assessed for failure of an applicant for an original salesman’s license to file within 30 days of notification.....................................            25

For each renewal of a real estate broker’s, broker-salesman’s or corporate broker’s license.......................................................................................................            80

For each renewal of a real estate salesman’s license..............................            50

For each renewal of a real estate branch office license..........................            50

For each penalty for late filing of a renewal for a broker’s, broker-salesman’s or corporate broker’s license.....................................................................            40

For each penalty for late filing of a renewal for a salesman’s license.            25

For each change of name or address.........................................................            10

For each transfer of a real estate salesman’s or broker-salesman’s license and change of association or employment.............................................................            10

For each duplicate license or pocket card where the original license or pocket card is lost or destroyed, and an affidavit is made thereof......................... 10 For each change of status from broker to broker-salesman, or the reverse    .................................................................................. $10

 


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ê1979 Statutes of Nevada, Page 1555 (Chapter 663, SB 443)ê

 

For each change of status from broker to broker-salesman, or the reverse             $10

For each reinstatement to active status of an inactive real estate broker’s, broker-salesman’s or salesman’s license........................................................            10

For each reinstatement of a real estate broker’s license when the licensee fails to give immediate written notice to the division of a change of name or business location      ............................................................................................................. 20

For each reinstatement of a real estate salesman’s or broker-salesman’s license when he fails to notify the division of a change of broker within 30 days of termination by previous broker.................................................................................            20

For each original registration of an owner-developer..............................            40

For each annual renewal of a registration of an owner-developer.......            40

For each enlargement of the area of an owner-developer’s registration                  15

For each cooperative certificate issued to an out-of-state broker licensee for 1 year or fraction thereof.......................................................................................            40

 

      Sec. 49.  NRS 645.843 is hereby amended to read as follows:

      645.843  1.  [Except as otherwise provided in subsection 2, upon] Upon issuance or renewal of every real estate broker’s, broker-salesman’s and [real estate] salesman’s license, every licensed broker, broker-salesman and salesman shall pay in addition to the original or renewal fee, a fee of $40. The additional fee must be deposited in the state treasury for credit to the real estate education, research and recovery fund, and shall be used solely for the purposes provided in NRS 645.841 to 645.8494, inclusive.

      2.  [A salesman who renews his license while employed by an owner-developer is not required to pay the additional fee.] Owner-developers need not contribute to the fund.

      Sec. 50.  NRS 645.844 is hereby amended to read as follows:

      645.844  1.  When any person obtains a final judgment in any court of competent jurisdiction against any licensee under this chapter, upon grounds of fraud, misrepresentation or deceit with reference to any transaction for which a license is required under this chapter, [and which cause of action arose on or after July 1, 1967, such] that person may, upon termination of all proceedings, including appeals in connection with any judgment, file a verified petition in the court in which the judgment was entered for an order directing payment out of the fund in the amount of actual damages included in the judgment and unpaid, but not more than [$5,000] $10,000 per claimant and the liability of the fund [shall] does not exceed [$15,000] $20,000 for any licensee. The petition must state the grounds which entitle the person to recover from the fund.

      2.  A copy of the petition [shall] must be served upon the administrator and an affidavit of [such] service [shall] must be filed with the court.

      3.  The court shall act upon [such] the petition within 30 days after [such] service and, upon the hearing thereof, the petitioner shall [be required to] show that:


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ê1979 Statutes of Nevada, Page 1556 (Chapter 663, SB 443)ê

 

      (a) He is not the spouse of the debtor, or the personal representative of [such] that spouse.

      (b) He has complied with all the requirements of NRS 645.841 to 645.8494, inclusive.

      (c) He has obtained a judgment of the kind described in subsection 1, stating the amount thereof, [and] the amount owing thereon at the date of the petition [.] , and that the action in which the judgment was obtained was based on fraud, misrepresentation or deceit of the licensee in a transaction for which a license is required pursuant to this chapter.

      (d) A writ of execution has been issued upon [such] the judgment and that no assets of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found, or that the amount realized on the sale of [such of them as were found under such execution] assets was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due.

      (e) He has made reasonable searches and inquiries to ascertain whether the judgment debtor possesses real or personal property or other assets, liable to be sold or applied in satisfaction of the judgment.

      (f) The petition has been filed no more than 1 year after the termination of all proceedings, including reviews and appeals, in connection with the judgment.

      (g) He has posted a bond to guarantee costs should his application be denied, in the amount of 10 percent of the actual damages he seeks from the fund.

      4.  The provisions of this section do not apply to owner-developers.

      Sec. 51.  NRS 645.847 is hereby amended to read as follows:

      645.847  If the administrator pays from the fund any amount in settlement of a claim or towards satisfaction of a judgment against a [licensed broker or salesman, the license of such broker or salesman, together with the license of such broker or salesman under chapter 119 of NRS, shall] licensee, his license issued pursuant to chapter 119 of NRS and this chapter must be automatically suspended upon the effective date of an order by the court as set forth herein authorizing payment from the fund. No such broker, broker-salesman or salesman [shall be granted reinstatement] may be reinstated until he has repaid in full, plus interest at the rate of 6 percent per annum, the amount paid from the fund on his account. Interest is computed from the date payment from the fund was made by the administrator.

      Sec. 52.  NRS 645.848 is hereby amended to read as follows:

      645.848  1.  Whenever claims are filed against the fund [in excess of $15,000 against a licensee, the $15,000] which total more than the maximum liability for the acts of one licensee, the maximum liability of the fund for each licensee [shall] must be distributed among the claimants in a ratio that their respective claims bear to the total of all claims, or in any other manner that the court may find equitable.

      2.  The distribution [shall] must be made without regard to the order of priority in which claims were filed or judgments entered.

      3.  Upon petition of the administrator, the court may require all claimants and prospective claimants to be joined in one action so that the respective rights of all claimants may be equitably determined.

      4.  If, at any time, the money deposited in the fund and allotted for satisfying claims against licensees is insufficient to satisfy any authorized claim or portion thereof, the administrator shall, when sufficient money has been deposited in the fund, satisfy [such] the unpaid claims or portions thereof, in the order that [such] the claims or portions thereof were originally filed, plus accumulated interest at the rate of 6 percent per annum.


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

ê1979 Statutes of Nevada, Page 1557 (Chapter 663, SB 443)ê

 

satisfying claims against licensees is insufficient to satisfy any authorized claim or portion thereof, the administrator shall, when sufficient money has been deposited in the fund, satisfy [such] the unpaid claims or portions thereof, in the order that [such] the claims or portions thereof were originally filed, plus accumulated interest at the rate of 6 percent per annum. Any sums received by the [real estate] division pursuant to NRS 645.841 to 645.8494, inclusive, [shall] must be deposited in the state treasury and credited to the fund.

      Sec. 53.  NRS 645.850 is hereby amended to read as follows:

      645.850  1.  Any licensee who commits an act described in NRS 645.630 shall be punished by a fine of not more than $500.

      2.  Any person [, copartnership, association or corporation violating a] who violates any other provision of this chapter, [upon conviction thereof,] if a natural person, is guilty of a gross misdemeanor, and if a copartnership, association or corporation, shall be punished by a fine of not more than $2,500.

      [2.]3.  Any officer or agent of a corporation, or member or agent of a copartnership or association, who [shall] personally [participate] participates in or [be] is an accessory to any violation of this chapter by [such] the copartnership, association or corporation, [shall be] is subject to the penalties herein prescribed for [individuals.] natural persons.

      [3.]4.  Nothing [herein contained shall be construed to release] in this section releases any person [, corporation, association or copartnership] from civil liability or criminal prosecution under the general laws of this state.

      [4.]5.  The administrator may prefer a complaint for violation of NRS 645.230 before any court of competent jurisdiction, and may take the necessary legal steps through the proper legal officers of this state to enforce the provisions thereof.

      [5.]6.  Any court of competent jurisdiction [shall have full power to] may try any violation of this chapter, and upon conviction the court may, at its discretion, revoke the license of the person [, copartnership, association, or corporation] so convicted, in addition to imposing the other penalties herein provided.

      Sec. 54.  Section 13 of Assembly Bill No. 523 of the 60th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 13.  NRS 119.015, 119.030, 119.050, 119.055, 119.090, 119.114, 119.116, 119.118, 119.140 to 119.170, inclusive, 119.180 to 119.200, inclusive, 119.240 to 119.320, inclusive, 482.324, 645.001 to 645.215, inclusive, 645.230 to 645.287, inclusive, 645.300, 645.310, 645.324 to 645.385, inclusive, 645.400 to 645.550, inclusive, 645.560 to 645.850, inclusive, are hereby repealed.

 

      Sec. 55.  1.  NRS 645.290, 645.390 and 645.555 are hereby repealed.

      2.  NRS 645.220 is hereby repealed.

      Sec. 56.  Section 49 and subsection 2 of section 55 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

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ê1979 Statutes of Nevada, Page 1558ê

 

CHAPTER 664, SB 453

Senate Bill No. 453–Senator Sloan

CHAPTER 664

AN ACT relating to the casino entertainment tax; limiting refunds; broadening the exceptions; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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:

      1.  Subject to the provisions of subsection 2, a gaming licensee who overpays the casino entertainment tax is entitled to a refund only if the amount of the overpayment was not added to or included in the price which the licensee charged to patrons. If the amount of the overpayment was so added or included, any refund of the amount must be paid to the respective patrons who originally paid the amount. If there is no actual proof of payment by a patron who originally paid the amount, his portion of the overpayment must be retained in the state general fund.

      2.  If a gaming licensee prevails in an administrative or judicial proceeding contesting payment of the casino entertainment tax and is not otherwise entitled to a refund, he is nevertheless entitled to a refund of his overpayment to the extent of costs and reasonable attorney’s fees incurred in contesting the payment. Such costs and fees may not exceed the amount of the overpayment.

      Sec. 2.  NRS 463.401 is hereby amended to read as follows:

      463.401  1.  In addition to any other license fees and taxes imposed by this chapter, a [tax, to be known as the] casino entertainment tax [,] equivalent to 10 percent of all amounts paid for admission, food, refreshments and merchandise is hereby levied, except as provided in subsection 2, upon each licensed gaming establishment in this state where music and dancing privileges or any other entertainment, except instrumental or mechanical music [alone, are afforded] alone or music by musicians who move constantly through the audience whether the music is vocal or instrumental or both, is provided to the patrons in connection with the serving or selling of food [, refreshment or merchandise.] or refreshments, or the selling of any merchandise.

      2.  A licensed gaming establishment is not subject to tax under this section if [the] :

      (a) The establishment is licensed for [not more] less than [50] 51 slot machines, [not more than three table] less than four games, or any combination of slot machines and [table] games within such respective limits [, or] ;

      (b) The entertainment is a charitable or nonprofit benefit, exhibition in a museum, sporting event, trade show, motion picture film or similar to any of these; or

      (c) In other cases, if:

      [(a)](1) No distilled spirits, wine or beer is served or permitted to be consumed;

      [(b)](2) Only light [refreshment is] refreshments are served;


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

ê1979 Statutes of Nevada, Page 1559 (Chapter 664, SB 453)ê

 

      [(c)](3) Where space is provided for dancing, no charge is made for dancing; and

      [(d)](4) Where music is provided or permitted, such music is:

             [(1)](I) [Instrumental or other music which is supplied] Provided without any charge to the owner, lessee or operator of [such] the establishment or to any concessionaire; [or]

            [(2)](II) Mechanical [music.] or instrumental music alone; or

             (III) Provided only by musicians who move constantly through the audience, whether the music is vocal or instrumental or both.

      [2.  The amount of the tax imposed upon each licensed gaming establishment by this section is 10 percent of all amounts paid for admission, merchandise, refreshment or service.]

      3.  The tax imposed by this section shall be paid by the licensee of such establishment.

      Sec. 3.  NRS 463.403 is hereby amended to read as follows:

      463.403  1.  Every person required to pay the tax imposed by NRS 463.401 shall file with the commission quarterly, on or before the last day of the month succeeding each calendar quarter, a report showing the amount of all taxable receipts for such calendar quarter.

      2.  Each report [shall] must be accompanied by the amount of tax [shown to be] which is due for the period covered by the report.

      3.  If the amount of tax required to be reported and paid pursuant to NRS 463.401 is later determined to be greater or less than the amount actually reported and paid by the licensee, the commission shall:

      (a) Charge and collect the additional tax determined to be due, with interest thereon until paid; or

      (b) Refund any overpayment [,] to the person entitled thereto under this chapter, with interest thereon. [, to the licensee.]

Interest [shall be] is computed at the rate of 7 percent per annum from the first day of the first month following either the due date of the additional tax or the date of overpayment until paid.

      4.  Any person [failing] who fails to pay the tax provided for in NRS 463.401 on or before the last day of the month succeeding each calendar quarter shall pay in addition to such tax a penalty of [not less than] $25 or 25 percent of the gross amount due, whichever is greater, but in no case [in excess of $1,000, which penalty shall be collected as are] can the penalty exceed $1,000. The commission shall collect the penalty in the same manner as other charges and penalties are collected under this chapter.

      Sec. 4.  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, food, merchandise [,] or refreshment [or service] for a period of not less than 5 years from the date of sale.

      2.  All records required to be maintained by subsection 1 [shall] must be made available at all reasonable times to the commission for the purpose of audit and investigation.

 

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

ê1979 Statutes of Nevada, Page 1560ê

 

CHAPTER 665, SB 503

Senate Bill No. 503–Committee on Commerce and Labor

CHAPTER 665

AN ACT relating to the department of energy; giving the department general authority to participate in federal programs; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  NRS 523.051 is hereby amended to read as follows:

      523.051  The director may:

      1.  Administer any gifts or grants which the board is authorized to accept.

      2.  Expend money received from those gifts or grants or from legislative appropriations to contract with qualified persons or institutions for research in the production and efficient use of energy resources.

      3.  Enter into any cooperative agreement with any federal or state agency or political subdivision.

      4.  Participate in any program established by the Federal Government relating to energy resources and adopt regulations appropriate to that program.

      Sec. 2.  NRS 523.141 is hereby amended to read as follows:

      523.141  1.  The director shall prepare a state energy conservation plan which provides methods for conserving and improving efficiency in the use of energy resources and establishes procedures for reducing the rate of growth of energy demand and minimizing the adverse social, economic, political and environmental effects of increasing energy resource consumption.

      2.  [In preparing this plan, the director may participate in any program established by the Federal Government which is designed to provide assistance to the states in the conservation of energy resources.

      3.] The plan [shall] must be presented to the governor, and upon approval by the governor, may be submitted by him in compliance with any program established by the Federal Government.

      Sec. 3.  Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

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

ê1979 Statutes of Nevada, Page 1561ê

 

CHAPTER 666, SB 527

Senate Bill No. 527–Senator Wilson

CHAPTER 666

AN ACT relating to cemeteries; relaxing restrictions upon the power of cities to order disinterment and removal of human remains from cemeteries in certain circumstances and reinterment of the remains in other burial places; extending the power to all cities; repealing a special act concerning the Hillside Cemetery in the City of Reno; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  Chapter 451 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      As used in NRS 451.070 to 451.340, inclusive, “cemetery authority” means any natural person, partnership, association, corporation or public entity, including the University of Nevada or any cemetery district, owning or leasing the land or other property of a cemetery or operating a cemetery as a business in this state.

      Sec. 2.  NRS 451.070 is hereby amended to read as follows:

      451.070  The governing body of any incorporated city [, having a population of 50,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] may order the disinterment and removal of all human remains interred in all or any part of any cemetery situated within its limits, [where the right of interment in such cemetery has been limited by a city ordinance for a period of 35 years or more to the filling of plots and lots therein containing human remains with additional human remains until such plots and lots are filled and all spaces occupied,] whenever the governing body, by ordinance, declares that the further maintenance of all or any part of the cemetery as a burial place for the human dead [threatens or endangers] is not in accordance with the health, safety, comfort or welfare of the public. [and demands the disinterment and removal beyond the limits of the city of the human remains interred therein.]

      Sec. 3.  NRS 451.080 is hereby amended to read as follows:

      451.080  1.  The governing body of such a city may in any ordinance ordering or directing the disinterment and removal of such remains prescribe reasonable [rules and] regulations governing the manner of making disinterments and removals and providing for reinterment in [cemeteries outside the city limits.] a portion of the existing cemetery or in any other cemetery or for deposit of the remains in any memorial mausoleum or columbarium.

      2.  The ordinance [shall] must prescribe a reasonable time of not less than 1 year in which the removal of remains may be made by the cemetery authority, or by the owners or holders of interment spaces, or by the relatives or friends of those whose remains are interred in the cemetery, and may also provide that if the remains are not removed within the period fixed, the city will itself proceed to remove the remains and reinter them in another cemetery [outside the city limits.] or deposit them in a memorial mausoleum or columbarium.


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

ê1979 Statutes of Nevada, Page 1562 (Chapter 666, SB 527)ê

 

      Sec. 4.  NRS 451.090 is hereby amended to read as follows:

      451.090  1.  The cemetery authority of any cemetery from which human remains are ordered removed by an ordinance adopted in accordance with NRS 451.070 and 451.080 may declare its intention and purpose to disinter and remove the remains in accordance with the ordinance, and to reinter the remains in [another cemetery or cemeteries outside the limits of the city,] a portion of the existing cemetery or in any other cemetery, or to deposit the removed remains in a memorial mausoleum or columbarium.

      2.  In the case of a cemetery corporation or association the procedure for [such] the declaration [shall be] is by resolution of the governing body of the corporation or association, ratified and approved by a majority vote of the lot owners or holders at any regular meeting of the corporation or association, or at a meeting specially called for the purpose.

      Sec. 5.  NRS 451.140 is hereby amended to read as follows:

      451.140  1.  A copy of the notice [shall] must be mailed to every person who owns, holds, or has the right of interment in, any plot in the cemetery or part affected, whose name appears upon the records of the cemetery [.] or upon the real property assessment roll of the county in which the cemetery is located. The notice [shall] must be addressed to the last-known post office address of the plot owner as it appears from the records of the cemetery [,] or county assessor, and if [his] the owner’s address does not appear or is not known, then to him in the city in which the cemetery is situated.

      2.  The notice [shall] must also be mailed to each known living heir at law of any person whose remains are interred in the cemetery, if his address is known.

      Sec. 6.  NRS 451.240 is hereby amended to read as follows:

      451.240  Whenever remains are removed by a relative or friend of a decedent, under the provisions of NRS 451.070 to 451.340, inclusive, and section 1 of this act, the person causing the removal is entitled to remove any vault, monument, headstone, coping or other improvement appurtenant to the interment space from which the remains have been removed. The affidavit or written consent given under the provisions of NRS 451.070 to 451.340, inclusive, [are] and section 1 of this act is sufficient authority for the cemetery authority to permit the removal of any such appurtenance.

      Sec. 7.  NRS 451.280 is hereby amended to read as follows:

      451.280  Whenever human remains have been ordered removed under the provisions of NRS 451.070 to 451.340, inclusive, and section 1 of this act, and the cemetery authority has made and published notice of intention to remove such remains, the portions of the cemetery in which no interments have been made, and those portions from which all human remains have been removed, may be sold, mortgaged or otherwise encumbered as security for any loan or loans made to the cemetery authority.

      Sec. 8.  NRS 451.310 is hereby amended to read as follows:

      451.310  If, prior to the adoption of an ordinance pursuant to the provisions of NRS 451.070 to 451.340, inclusive, and section 1 of this act, any cemetery authority has in good faith entered into any agreement to sell or has granted any option to buy all or any portion of its cemetery lands for a price reasonable at the time the agreement to sell was made, or the option granted, the district court shall confirm the sale at the price stipulated in the agreement to sell or the option to buy.


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

ê1979 Statutes of Nevada, Page 1563 (Chapter 666, SB 527)ê

 

act, any cemetery authority has in good faith entered into any agreement to sell or has granted any option to buy all or any portion of its cemetery lands for a price reasonable at the time the agreement to sell was made, or the option granted, the district court shall confirm the sale at the price stipulated in the agreement to sell or the option to buy.

      Sec. 9.  NRS 451.330 is hereby amended to read as follows:

      451.330  After all remains have been removed from a cemetery in accordance with the provisions of NRS 451.070 to 451.340, inclusive, and section 1 of this act, the dedication may be removed from all or any part of such cemetery lands by an order and decree of the district court of the county in which the property is situated, in a proceeding brought for that purpose and upon notice of hearing and proof satisfactory to the court:

      1.  That all bodies have been removed, or that no interments were made; and

      2.  That the property is no longer used or required for interment. [purposes.]

      Sec. 10.  1.  Chapter 608, Statutes of Nevada 1973, is hereby repealed.

      2.  Section 110 of Senate Bill No. 72 of the 60th session of the Nevada legislature is hereby repealed.

 

________

 

 

CHAPTER 667, SB 539

Senate Bill No. 539–Committee on Human Resources and Facilities

CHAPTER 667

AN ACT relating to education; revising provisions relating to public elementary and secondary education, private elementary, secondary and postsecondary education and education of handicapped persons; clarifying that the function of the state board of education is to establish policies and the function of the superintendent of public instruction is to carry out administrative, technical and procedural activities in accordance with such policies; similarly clarifying the functions of the state board for vocational education and its executive officer and the commission on postsecondary institutional authorization and its administrator; deleting obsolete provisions; and providing other matters properly relating thereto.

 

[Approved June 5, 1979]

 

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

 

      Section 1.  Chapter 385 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  As used in this Title, unless the context otherwise requires:

      1.  “Department” means the department of education.

      2.  “Public schools” means all kindergartens and elementary schools, junior high schools and middle schools, high schools and any other schools, classes and education programs which receive their support through public taxation and whose textbooks and courses of study are under the control of the state board.


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

ê1979 Statutes of Nevada, Page 1564 (Chapter 667, SB 539)ê

 

      3.  “State board” means the state board of education.

      Sec. 3.  When required, the attorney general shall give his opinion in writing and without fee to the state board and the superintendent of public instruction on matters relating to the powers and duties of the department.

      Sec. 4.  The state board shall establish policies to govern the administration of all functions of the state relating to supervision, management and control of public schools not conferred by law on some other agency.

      Sec. 5.  The state board shall:

      1.  Cooperate with the aging services division of the department of human resources in the planning of programs whereby the school districts may prepare hot lunches for persons 60 years of age or older and their spouses or any group of such persons by utilizing the systems and procedures already developed for use in the operation of school lunch programs; and

      2.  Adopt regulations containing guidelines for boards of trustees of school districts entering into such agreements.

      Sec. 6.  The superintendent of public instruction shall:

      1.  Execute, direct or supervise all administrative, technical and procedural activities of the department in accordance with policies prescribed by the state board.

      2.  Employ personnel for the positions approved by the state board and necessary for the efficient operation of the department.

      3.  Organize the department in a manner which will assure efficient operation and service.

      4.  Maintain liaison and coordinate activities with other state agencies performing educational functions.

      5.  Perform such other duties as are prescribed by law.

      Sec. 7.  NRS 385.010 is hereby amended to read as follows:

      385.010  1.  A [state] department of education is hereby created. [The state department of education shall function under the direction and control of the state board of education, and the superintendent of public instruction shall be the executive head.]

      2.  The [state] department [of education shall consist] consists of the state board of education, the state board for vocational education, the state textbook [commission, and such other agencies and officers as are added by law to the state department of education and the administrative organizations and staffs required for the performance of their functions.

      3.  All administrative functions of the state board of education and of the superintendent of public instruction shall be exercised through the state department of education, and the department shall exercise all administrative functions of the state relating to supervision, management and control of schools not conferred by law on some other agency.

      4.  Establishment of the state department of education shall not affect the exercise of any educational function now conferred by law upon any other state agency or officer.

      5.  As executive head of the state department of education, the superintendent of public instruction shall perform duties prescribed by law and also:

      (a) Execute, direct and supervise all administrative and technical activities of the department in accord with the policies prescribed by the state board of education.


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

ê1979 Statutes of Nevada, Page 1565 (Chapter 667, SB 539)ê

 

activities of the department in accord with the policies prescribed by the state board of education.

      (b) Employ such personnel as are approved by the state board of education and as are necessary for efficient operation of the department.

      (c) Be responsible for organizing the department in a manner which will assure efficient operation and service.

      (d) Be responsible for maintaining liaison and coordinating activities with other state agencies exercising educational functions.] commission and the superintendent of public instruction.

      3.  The superintendent of public instruction is the executive head of the department.

      Sec. 8.  NRS 385.021 is hereby amended to read as follows:

      385.021  1.  [Only July 1, 1971, the state board of education shall be composed of the seven members elected at the general election in 1970 and the two members, representative of labor and agriculture, appointed by the elected members of the board pursuant to law. The terms of the appointive members shall expire on January 1, 1973. If a vacancy occurs in the office of an appointive member between July 1, 1971, and January 1, 1973, the elected members shall fill the vacancy by the appointment of a new member without regard to representation of labor or agriculture for the remainder of the unexpired term but not beyond January 1, 1973.

      2.  On and after the 1st Monday in January 1973, the] The state board of education [shall consist] consists of nine [lay] members [to be] elected by the registered voters within the following districts:

      (a) Washoe County shall be known as district No. 1.

      (b) Clark County shall be known as district No. 2.

      (c) The remainder of the state shall be known as district No. 3.

      [3.  The board in existence on January 1, 1972, shall determine, by lot or otherwise, two members of such board whose terms will expire on January 1, 1973, making such determination in a manner best designed to effectuate the geographical districts established by NRS 385.022 and the staggered terms established by this section. The board shall also determine the particular subdistrict to be represented by each member.

      4.  For the general election in 1974 and thereafter each] 2.  Each board member must be a resident of the subdistrict from which that member is elected. [as prescribed in NRS 385.022.

      5.]3.  At the general election in [1972,] 1980 and every 4 years thereafter:

      (a) From district No. 1, one member of the board shall be elected for a term of 4 years.

      (b) From district No. 2, two members of the board shall be elected for a term of 4 years.

      (c) From district No. 3, one member of the board shall be elected for a term of 4 years.

      [6.]4.  At the general election in [1974,] 1982 and every 4 years thereafter:

      (a) From district No. 1, one member of the board shall be elected for a term of 4 years.

      (b) From district No. 2, three members of the board shall be elected for a term of 4 years.


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

ê1979 Statutes of Nevada, Page 1566 (Chapter 667, SB 539)ê

 

      (c) From district No. 3, one member of the board shall be elected for a term of 4 years.

      [7.]5.  If a vacancy occurs on the state board, [of education from among the elected members,] the governor shall appoint a member to fill the vacancy until the next general election, at which election a member shall be chosen for the balance of the unexpired term. The appointee must be a resident of the subdistrict where the vacancy occurs.

      [8.]6.  No member of the state board [of education] may be elected to such office more than three times.

      [9.  No person who has been a member of the state board of education at any time prior to July 1, 1971, may be elected to the office again more than twice.]

      Sec. 9.  NRS 385.030 is hereby amended to read as follows:

      385.030  1.  At its first meeting after each election and qualification of [the lay] newly elected members, the state board of education shall organize by electing one of its members as president, to serve at the pleasure of the board.

      2.  The superintendent of public instruction [shall be] is the secretary of the board and shall serve without additional salary.

      Sec. 10.  NRS 385.040 is hereby amended to read as follows:

      385.040  1.  The state board of education shall hold at least four regular meetings annually at the state capital. The secretary shall call all regular meetings.

      2.  The board may hold special meetings at such other times and places as the board may direct. The secretary shall call special meetings upon the written request of the president or any three members of the board.

      3.  A majority of the board [shall constitute] constitutes a quorum for the transaction of business [.] , and no action of the board is valid unless that action receives, at a legally called meeting, the approval of a majority of all board members.

      Sec. 11.  NRS 385.080 is hereby amended to read as follows:

      385.080  The state board may adopt regulations which are not inconsistent with the constitution and laws of the State of Nevada for its own government and which are proper or necessary for the execution of the powers and duties conferred upon it by law except that:

      1.  Any change made by the state board, [of education,] by which the required scholarship, training or experience [of any teacher] for any certificate for teachers or other educational personnel is increased, shall be announced when made and shall not be made effective before 3 months from the date when the change is announced; and

      2.  Any such change shall not be made to affect certificates [or diplomas] then in force.

      Sec. 12.  NRS 385.090 is hereby amended to read as follows:

      385.090  The state board of education shall prescribe regulations for:

      1.  The issuance and renewal of all [teachers’ certificates;] certificates for teachers and other educational personnel; and

      2.  State [teachers’] examinations for teachers and other educational personnel on Nevada school law, the constitution of the State of Nevada, and the Constitution of the United States.


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

ê1979 Statutes of Nevada, Page 1567 (Chapter 667, SB 539)ê

 

      Sec. 13.  NRS 385.100 is hereby amended to read as follows:

      385.100  1.  The state board of education shall prescribe regulations under which contracts, agreements or arrangements may be made with agencies of the Federal Government for [funds,] money, services, commodities or equipment to be made available to the public schools [and school systems under] , subject to the supervision [or] and control of the [state department of education.] superintendent of public instruction.

      2.  All contracts, agreements or arrangements made by public schools [and school systems] in the State of Nevada involving [funds,] money, services, commodities or equipment which may be provided by agencies of the Federal Government, [shall] must be entered into in accordance with the regulations prescribed by the state board [of education] and in no other manner.

      3.  [Nothing contained in this section shall be construed to] This section does not apply to any [funds] money received by any school district in the State of Nevada pursuant to the provisions of:

      (a) “An Act to provide financial assistance for local educational agencies in areas affected by federal activities, and for other purposes,” being Public Law 874—81st Congress; and

      (b) “An Act relating to the construction of school facilities in areas affected by federal activities, and for other purposes,” being Public Law 815—81st Congress,

as [the same have been amended or] these statutes were enacted and may be [hereafter] amended.

      Sec. 14.  NRS 385.102 is hereby amended to read as follows:

      385.102  As used in NRS 385.104, [to 385.108, inclusive,] “institution of higher education” means an educational institution which:

      1.  Admits as regular students only persons having received a certificate of graduation from high school, or the recognized equivalent of such a certificate, or those approved by the [state department of education] superintendent of public instruction for training at a vocational-technical level [.] ;

      2.  Is authorized to provide a program of education beyond high school;

      3.  Awards a bachelor’s degree or a 2-year degree or certificate of graduation or a certificate of completion of a program beyond high school;

      4.  Is an institution with full approval of the State of Nevada or the Office of Education of the United States Department of Health, Education, and Welfare; and

      5.  Has recognized accreditation.

      Sec. 15.  NRS 385.104 is hereby amended to read as follows:

      385.104  1.  The higher education student loan program is hereby established.

      2.  [The] Money available for the higher education student loan program [shall] must be used to provide loans to further the educational goals of Nevada residents who are admitted to and attending institutions of higher [learning.] education.

      3.  The state board shall establish policies and may adopt regulations for the administration of the higher education student loan program.

      Sec. 16.  NRS 385.106 is hereby amended to read as follows:


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

ê1979 Statutes of Nevada, Page 1568 (Chapter 667, SB 539)ê

 

      385.106  1.  The [state board of education is responsible for the administration of] superintendent of public instruction shall administer the higher education student loan program and may consult with any public official or private person in the state who may have an interest in higher education or in the program.

      2.  The state board may:

      (a) Negotiate and accept federal and other [funds] money appropriated and available to insure loans for student educational purposes [and to negotiate] under the program.

      (b) Negotiate and enter into such agreements with other agencies as it deems proper for the administration and conduct of the program.

      [(b)](c) Accept gifts, grants and contributions from any source that will facilitate and assist the higher education of Nevada residents.

      Sec. 17.  NRS 385.108 is hereby amended to read as follows:

      385.108  1.  The [state board of education] superintendent of public instruction shall certify to the state controller all withdrawals [in] for purposes of the higher education student loan program. [for any of the purposes of NRS 385.102 to 385.108, inclusive.] The state controller shall then issue a warrant to the state treasurer in the amount of the certification. The state treasurer shall disburse such amount in accordance with the warrant.

      2.  All money received [by the state board of education pursuant to the program established under the provisions of NRS 385.102 to 385.108, inclusive, shall be used in] for the higher education student loan program must be used for that program.

      3.  The [board is responsible for the establishment and maintenance of] superintendent shall establish and maintain such records for the program as are required by good accounting practices. [The board may adopt regulations for the administration of NRS 385.102 to 385.108, inclusive.]

      Sec. 18.  NRS 385.150 is hereby amended to read as follows:

      385.150  1.  The superintendent of public instruction shall be appointed by the state board of education [; but any person elected to the office of superintendent of public instruction prior to March 6, 1957, shall continue to hold such office until the expiration of the term for which he may have been elected.] for a term of 3 years. The state board shall fill any vacancy for the unexpired term.

      2.  The superintendent of public instruction [shall:

      (a) Hold office subject to being removed at the pleasure of the state board of education.

      (b) Be] is in the unclassified service [as provided by the provisions of chapter 284 of NRS.] of the state.

      Sec. 19.  NRS 385.170 is hereby amended to read as follows:

      385.170  The superintendent of public instruction is entitled to receive an annual salary in an amount determined pursuant to the provisions of NRS 284.182 [.] , and subsistence and travel expenses as provided by law. The superintendent shall not pursue any other business or occupation or hold any other office of profit without the approval of the state board of education.

      Sec. 20.  NRS 385.180 is hereby amended to read as follows:


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

ê1979 Statutes of Nevada, Page 1569 (Chapter 667, SB 539)ê

 

      385.180  [1.]The superintendent of public instruction or a staff member of the [state] department [of education] designated by him [for each county] shall:

      [(a)]1.  Visit each county in the state at least once each school year, and shall conduct institutes, visit schools, consult with school officers, or address public assemblies or subjects pertaining to the schools.

      [(b)]2.  Consult and study with school officers and educators of this and other states on topics of school administration, school methods and school law.

      [2.  The necessary traveling expenses incurred by the superintendent of public instruction or his designated staff members in the performance of such duties, including the cost of transportation and board and lodging while absent from his place of residence, shall be allowed, audited and paid at the rate authorized by law. Funds to carry out the provisions of this section shall be provided by direct legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid.]

      Sec. 21.  NRS 385.190 is hereby amended to read as follows:

      385.190  1.  The superintendent of public instruction or a staff member designated by him shall:

      (a) Convene teachers’ conferences in the various sections of the state in such places and at such times as he [may deem] deems advisable.

      (b) Engage such conference lecturers and leaders as he [shall deem] deems advisable.

      (c) Preside over and regulate the programs of all teachers’ conferences.

      2.  No teachers’ conference [shall] may continue more than 5 days. [The expenses of holding such conferences shall be paid from the state distributive school fund, but the amount for teachers’ conferences shall not exceed $8,400 in any one biennium. The state controller is authorized and directed to draw his warrants for such expenses upon the order of the superintendent of public instruction.

      2.]3.  The superintendent of public instruction or his designated staff member shall convene, in such places and at such times as he may designate, conferences of school administrators.

      [3.  This section does not prohibit altering the character of any conference in line with advanced educational procedure.]

      4.  The expenses of holding teachers’ and administrators’ conferences shall be paid from the state distributive school fund, but the amount shall not exceed $8,400 in any one biennium. The state controller shall draw his warrants for such expenses upon the order of the superintendent of public instruction.

      Sec. 22.  NRS 385.200 is hereby amended to read as follows:

      385.200  The superintendent of public instruction shall [:

      1.  Prescribe and modify] prescribe proper and necessary [rules and] regulations for making [all reports and] reports to the department and for conducting all necessary proceedings [under the provisions of NRS 385.150 to 385.270, inclusive.

      2.  Furnish suitable blanks upon which the required reports shall be made.


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

ê1979 Statutes of Nevada, Page 1570 (Chapter 667, SB 539)ê

 

      3.  Cause the blanks, with such instructions as shall be deemed necessary and proper for the organization and government of schools, to be transmitted to the local school officers, who shall be governed in accordance with the instructions.] for which he is responsible.

      Sec. 23.  NRS 385.210 is hereby amended to read as follows:

      385.210  1.  The superintendent of public instruction shall [:

      1.  Prepare] prescribe a convenient form of school register for the purpose of securing accurate returns from the teachers of public schools. [, and shall furnish such registers to each school board to be delivered as needed to each of the teachers of its schools.]

      2.  [Prepare] The superintendent shall prepare pamphlet copies of the school law, and shall transmit a copy to each school, school trustee, and other school officer in the state. When additions or amendments are made to the school law, he shall have them printed and transmitted immediately thereafter. Each pamphlet shall be marked “State property—to be turned over to your successor in office.”

      3.  [Prepare and have printed teachers’ contracts, school registers, and other necessary forms and supplies, and shall supply the same to school trustees and teachers.

      4.  Have done, by the state printing and records division of the department of general services in accordance with law, all printing required in the performance of his duties.] The superintendent shall, if directed by the state board, prepare and publish a bulletin as the official publication of the department.

      Sec. 24.  NRS 385.220 is hereby amended to read as follows:

      385.220  The superintendent of public instruction [shall have power:

      1.  To administer oaths to teachers.

      2.  To] and members of the professional staff within the department designated by the superintendent may administer [other] oaths relating to public schools.

      Sec. 25.  NRS 385.230 is hereby amended to read as follows:

      385.230  [1.] The superintendent of public instruction shall report to the governor biennially, on or before December 1, in the year immediately preceding a regular session of the legislature. [The governor shall transmit the report to the legislature at its first regular session thereafter.

      2.  The report shall contain:

      (a) A statement of the public school affairs in the state.

      (b) A statement of the condition and amount of all funds and property apportioned and dedicated to the purposes of public education or under the control or supervision of the superintendent of public instruction.

      (c) The amount of public school moneys apportioned to each county.

      (d) The separate amount of money raised by county taxation and the sources thereof.

      (e) The amount of money raised for building public schoolhouses.

      (f) A statement of plans for the management and improvement of public schools.

      (g) Such other information relative to the educational affairs of the public schools of the state as the superintendent of public instruction shall deem proper.]

      Sec. 26.  NRS 385.240 is hereby amended to read as follows:


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

ê1979 Statutes of Nevada, Page 1571 (Chapter 667, SB 539)ê

 

      385.240  1.  The superintendent of public instruction shall approve or disapprove lists of books for use in public school libraries, but such lists [shall] must not include books containing or including any story in prose or poetry the tendency of which would be to influence the minds of children in the formation of ideals not in harmony with truth and morality or the American way of life, or not in harmony with the Constitution and laws of the United States or of the State of Nevada.

      2.  Actions of the superintendent with respect to lists of books are subject to review and approval or disapproval by the state board.

      Sec. 27.  NRS 385.290 is hereby amended to read as follows:

      385.290  1.  The superintendent of public instruction [shall have power to] may appoint a deputy superintendent of public instruction, who : [shall:

      (a) Be](a) Is a graduate of the University of Nevada or a college of equal standard.

      (b) [Have] Has had at least 20 semester hours in educational subjects by attendance at a standard college or university.

      (c) [Have] Has had at least 50 months of administrative experience, 30 months of which shall have been in Nevada.

      2.  The deputy superintendent of public instruction [shall:

      (a) Assist in the work of the office of the superintendent of public instruction, and] may perform any duty required of the superintendent of public instruction during the absence of the superintendent and shall do such work as the [state board of education or the] superintendent [of public instruction] may direct under the laws of the state.

      [(b) Have the power to perform all duties required of the superintendent of public instruction.]

      Sec. 27.5.  NRS 385.300 is hereby amended to read as follows:

      385.300  1.  The superintendent of public instruction [shall have power to] may appoint an associate superintendent [of public instruction] for administration.

      2.  The associate superintendent [of public instruction] for administration [shall:] must:

      (a) Be a graduate of a 4-year accredited college or university.

      (b) Have familiarity with the field of education, as evidenced by: [either:]

             (1) Sufficient college credits in education to qualify for a Nevada high school teacher’s certificate; or

             (2) Participation in recognized educational research and study.

      (c) Have familiarity with the general field of public administration and budgeting, as evidenced by: [either:]

             (1) Sufficient college credits to qualify for a minor in public administration, government management or business management; or

             (2) Experience in the preparation of government budgets, government accounting or government research.

      3.  No person [shall] may be appointed to the position of associate superintendent [of public instruction] for administration unless he has the qualifications [herein] outlined in subsection 2 in both the fields of education and public administration.

      Sec. 28.  NRS 385.310 is hereby amended to read as follows:


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

ê1979 Statutes of Nevada, Page 1572 (Chapter 667, SB 539)ê

 

      385.310  The [powers and duties of the] associate superintendent [of public instruction] for administration [shall be:

      1.  To perform all duties pursuant to the contract of integration of the public school teachers’ retirement system with the public employees’ retirement system.

      2.  To apportion] , under the direction of the superintendent of public instruction, shall:

      1.  Determine the apportionment of all state school [funds] money to schools of the state as prescribed by law.

      [3.  To develop for]2.  Develop for public schools of the state a uniform system of budgeting and accounting, which system, when approved by [the superintendent of public instruction and] the state board [of education, shall be made] is mandatory for all public schools in the state, and shall be enforced as provided for in subsection 2 of NRS 385.315.

      [4.  To carry]3.  Carry on a continuing study of school finance in the state, and particularly of the method by which schools are financed on the state level, and [to] make such recommendations to the superintendent of public instruction [and] for submission to the state board [of education] as he may, from time to time, deem advisable.

      [5.  To recommend]4.  Recommend to the superintendent of public instruction [and] for submission to the state board [of education] such changes in budget and financial procedures as his studies may show to be advisable.

      [6.  To perform any]5.  Perform such other statistical and financial duties pertaining to the administration and finance of the schools of the state as may, from time to time, be required by the superintendent of public instruction.

      [7.  To prepare the]6.  Prepare for the superintendent the biennial budgets of the [state] department [of education] for [biennial] consideration by the state board and submission to the governor.

      Sec. 29.  NRS 385.315 is hereby amended to read as follows:

      385.315  In addition to [the powers and] his other duties, [prescribed in NRS 385.310,] the associate superintendent [of public instruction] for administration, under the direction of the superintendent of public instruction, shall:

      1.  Investigate any claim against any school fund or separate account established under NRS 354.603 whenever a written protest against the drawing of a warrant, check or order in payment of the claim [against any school fund or separate account established under NRS 354.603 shall be] is filed with the county auditor. If, upon investigation, the associate superintendent [of public instruction for administration] finds that any such claim [against any school fund or separate account established under NRS 354.603] is unearned, illegal or unreasonably excessive, he shall notify the county auditor and the clerk of the board of trustees who drew the order for such claim, stating the reasons in writing why such order is unearned, illegal or excessive. If so notified, the county auditor shall not draw his warrant in payment of [such] the claim nor shall the board of trustees draw a check or order in payment of [such] the claim from a separate account established under NRS 354.603. If the associate superintendent [of public instruction for administration] finds that any protested claim is legal and actually due the claimant, he shall authorize the county auditor or the board of trustees to draw his warrant or its check or order [drawn] on an account established under NRS 354.603 for such claim, and the county auditor or the board of trustees shall immediately draw his warrant or its check or order [drawn on an account established under NRS 354.603] in payment of the claim.


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ê1979 Statutes of Nevada, Page 1573 (Chapter 667, SB 539)ê

 

protested claim is legal and actually due the claimant, he shall authorize the county auditor or the board of trustees to draw his warrant or its check or order [drawn] on an account established under NRS 354.603 for such claim, and the county auditor or the board of trustees shall immediately draw his warrant or its check or order [drawn on an account established under NRS 354.603] in payment of the claim.

      2.  Inspect the record books and accounts of boards of trustees, [and he shall authorize] and enforce [an efficient] the uniform method of keeping the financial records and accounts of [the school district.] school districts.

      3.  Inspect the school fund accounts of the county auditors of the several counties, and [he shall] report the condition of the funds of any school district to the board of trustees thereof.

      4.  Inspect the separate accounts established by boards of trustees under NRS 354.603, and [he shall] report the condition of such accounts to the respective boards of county commissioners and county treasurers.

      Sec. 29.5.  NRS 385.320 is hereby amended to read as follows:

      385.320  1.  The deputy superintendent of public instruction and the associate superintendent [of public instruction] for administration [shall] are entitled to receive annual salaries in the amounts determined pursuant to the provisions of NRS 284.182, and [they shall receive] subsistence and travel expenses as provided by law.

      2.  [Funds] Money to carry out the provisions of this section [shall] must be provided by direct legislative appropriation from the state general fund, and [shall] must be paid out on claims as other claims against the state are paid.

      3.  The deputy superintendent of public instruction and associate superintendent [of public instruction] for administration each shall devote his entire time and attention to the business of his office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 30.  NRS 385.330 is hereby amended to read as follows:

      385.330  1.  [The superintendent of public instruction, with the approval of the state board of education, may appoint such number of professional staff and other supervisory personnel as is necessary to carry out the duties of his office.] Professional staff and other personnel appointed by the superintendent of public instruction shall perform such duties as are assigned by the superintendent.

      2.  The [office of such personnel shall be located where, in the judgment of the] superintendent of public instruction [and] , under the policies of the state board [of education,] , shall locate the offices of professional staff and other personnel where the needs of the education program can best be served.

      [3.  Such personnel shall perform such duties as are assigned by the superintendent of public instruction and the state board of education.]

      Sec. 31.  NRS 385.340 is hereby amended to read as follows:

      385.340  The qualifications for the professional staff and [for] other [supervisory] personnel appointed by the superintendent of public instruction who are not in the unclassified service shall be fixed by the personnel division of the department of administration.


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ê1979 Statutes of Nevada, Page 1574 (Chapter 667, SB 539)ê

 

      Sec. 32.  Chapter 386 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The board of trustees of any school district may enter into an agreement with any individual, firm, partnership, corporation, association or public agency which has been approved for such purpose by the aging services division of the department of human resources, whereby the school district agrees to prepare hot lunches for persons 60 years of age or older and their spouses or any group of such persons by utilizing the systems and procedures already developed for use in the school lunch program of such district.

      2.  No agreement entered into by a board of trustees of a school district pursuant to the provisions of this section may:

      (a) Involve the expenditure by the school district of any school lunch money or other public school money or the use of any school lunch commodities or public school personnel, equipment or facilities unless the agreement includes a provision requiring full reimbursement therefor.

      (b) Provide for payment to the school district of any amount in excess of the estimated actual cost of food, personnel, equipment, facilities and other necessary expenditures involved in the performance of the agreement. The estimated actual cost shall be negotiated by the board of trustees and the aging services division of the department of human resources.

      (c) Permit any program of hot lunches for persons 60 years of age or over and their spouses to interfere in any way with the use of school lunch facilities for public school purposes.

      Sec. 33.  NRS 386.120 is hereby amended to read as follows:

      386.120  [1.] The board of trustees of a county school district [in counties having a population of less than 100,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce shall consist] consists of five or seven members as [may be determined by the appropriate board of county commissioners.

      2.  Unless otherwise provided by law, in any county school district where] follows:

      1.  If 1,000 or more pupils were enrolled during the school year next preceding any general election, the board of trustees [shall consist] consists of seven members. Except in the Clark County school district and the Washoe County school district the board members shall be elected at large until such time as the appropriate board of county commissioners adopts the alternate manner of election provided in NRS 386.200.

      [3.  Unless otherwise provided by law, in any county school district where less]2.  If fewer than 1,000 pupils were enrolled during the school year next preceding any general election, the board of trustees [shall consist] consists of five members. The board members shall be elected as provided in NRS 386.160 until such time as the appropriate board of county commissioners adopts the alternate manner of election provided in NRS 386.200.

      Sec. 34.  NRS 386.160 is hereby amended to read as follows:

      386.160  1.  At the general election in [1956,] 1980 and every 4 years thereafter, in a county school district where [less] fewer than 1,000 pupils were enrolled during the preceding school year, [five] three trustees shall be elected at large within the [county school] district, as follows:

 


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ê1979 Statutes of Nevada, Page 1575 (Chapter 667, SB 539)ê

 

pupils were enrolled during the preceding school year, [five] three trustees shall be elected at large within the [county school] district, as follows:

      (a) [One person who resides at the county seat shall be elected for a term of 2 years; but if less than 20 percent of the residents of the county reside at the county seat then such person need not reside at the county seat.

      (b)]One person who resides at the county seat; [shall be elected elected for a term of 4 years;] but if less than 40 percent of the residents of the county reside at the county seat then such person need not reside at the county seat.

      [(c) One person who resides in the county but who resides neither at the county seat nor in any incorporated city within the county shall be elected for a term of 2 years.

      (d)](b) One person who resides in the county but not at the county seat. [shall be elected for a term of 4 years.

      (e)](c) One person who resides in the county but not at the county seat; [shall be elected for a term of 4 years;] but if 80 percent or more of the residents of the county reside at the county seat then a person who resides at the county seat may be elected to the office.

      2.  [Thereafter, at each general election, the offices of school trustees shall be filled for terms of 4 years in the order in which terms of office expire.] At the general election in 1982 and every 4 years thereafter, in a county school district where fewer than 1,000 pupils were enrolled during the preceding school year, two trustees shall be elected at large within the district, as follows:

      (a) One person who resides at the county seat; but if less than 20 percent of the residents of the county reside at the county seat then such person need not reside at the county seat.

      (b) One person who resides in the county but who resides neither at the county seat nor in any incorporated city within the county.

      3.  The term of each person elected to the office of school trustee is 4 years.

      Sec. 35.  NRS 386.170 is hereby amended to read as follows:

      386.170  1.  At the general election in 1972, and every 4 years thereafter, in [a county] the Clark County school district, [in any county 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,] four trustees shall be elected, one from each of the school trustee election districts, designated districts A, B, C and E, herein created.

      2.  At the general election in 1974 and every 4 years thereafter, in such school [districts,] district, three trustees shall be elected, one from each of the school trustee election districts designated districts D, F and G, herein created.

      3.  Seven school trustee election districts are hereby created within [such county school districts] the school district as follows:

      (a) District A shall be composed of assembly districts Nos. 16, 21 and 22 and enumeration districts Nos. 228A, 228B and 236 in assembly district No. 13.


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ê1979 Statutes of Nevada, Page 1576 (Chapter 667, SB 539)ê

 

      (b) District B shall be composed of assembly districts Nos. 17 and 20; enumeration districts Nos. 45, 46B and 48 in assembly district No. 11 and enumeration districts Nos. 250, 253, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275 and 276 in assembly district No. 19.

      (c) District C shall be composed of assembly districts Nos. 6, 7 and 18.

      (d) District D shall be composed of assembly district No. 9; enumeration districts Nos. 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 123, 126, 127, 128, 129, 165A and 166 in assembly district No. 8; enumeration districts Nos. 35, 41, 42, 46A, 47, 52, 53 and 55 in assembly district No. 11; enumeration districts Nos. 57, 58, 130, 131, 132, 135, 137, 138, 139, 140, 141, 142, 143, 145 and 159 in assembly district No. 12.

      (e) District E shall be composed of assembly districts Nos. 2, 3 and 4 and enumeration districts Nos. 85, 87, 108 and 147 in assembly district No. 8.

      (f) District F shall be composed of assembly districts Nos. 1 and 5; enumeration districts Nos. 176A, 176B, 176C, 176D, 177, 178A, 178D and 235 in assembly district No. 10 and enumeration districts Nos. 99B, 178B, 178C, 180, 181, 182, 195, 201, 227, 229, 230, 231, 232, 237B and 238A in assembly district No. 13.

      (g) District G shall be composed of assembly districts Nos. 14 and 15; enumeration districts Nos. 165B, 173A, 175A, 175B, 175C, 175D and 175E in assembly district No. 10; enumeration districts Nos. 51B, 54 and 56 in assembly district No. 11; enumeration district No. 164A in assembly district No. 12; enumeration districts Nos. 167, 168, 169, 172, 179, 184 and 185 in assembly district No. 13 and enumeration district No. 287 in assembly district No. 19.

      4.  Assembly districts and enumeration districts, as used in subsection 3, refer to and have the meaning conferred by the appropriate provisions of chapter 218 of NRS.

      [5.  The members of the board of trustees of such school district as such board is constituted on June 1, 1972, shall continue to hold office for the terms for which they were elected.]

      Sec. 36.  NRS 386.180 is hereby amended to read as follows:

      386.180  1.  [At the general election in 1958, if] If the certificate of the superintendent of public instruction filed with the county clerk states that the pupil enrollment during the preceding school year in a county school district other than Clark or Washoe was less than 1,000, and the board of trustees of the [county school] district is composed of seven [elected] members elected at large based upon a previous pupil enrollment of 1,000 or more, then two of the offices of trustee [provided for in NRS 386.170] shall not be filled [by election.] at the next succeeding general election.

      2.  Thereafter, while continued pupil enrollment in the county school district is less than 1,000, the offices of school trustees shall be filled as provided [in NRS 386.160.] by law for school districts having pupil enrollments of that size.

      Sec. 37.  NRS 386.190 is hereby amended to read as follows:

      386.190  1.  [At the general election in 1958, if] If the certificate of the superintendent of public instruction filed with the county clerk states that the pupil enrollment during the preceding school year in a county school district was 1,000 or more, and the board of trustees of the [county school] district is composed of five [elected] members elected as provided in NRS 386.160, based upon a previous pupil enrollment of less than 1,000, then at the next succeeding general election one additional trustee who resides at the county seat shall be elected for a term of 4 years, and one additional trustee who resides in the county but not at the county seat shall be elected for a term of [4] 2 years.


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ê1979 Statutes of Nevada, Page 1577 (Chapter 667, SB 539)ê

 

of the superintendent of public instruction filed with the county clerk states that the pupil enrollment during the preceding school year in a county school district was 1,000 or more, and the board of trustees of the [county school] district is composed of five [elected] members elected as provided in NRS 386.160, based upon a previous pupil enrollment of less than 1,000, then at the next succeeding general election one additional trustee who resides at the county seat shall be elected for a term of 4 years, and one additional trustee who resides in the county but not at the county seat shall be elected for a term of [4] 2 years.

      2.  Thereafter, while continued pupil enrollment in the county school district is 1,000 or more, the offices of school trustees shall be filled as provided [in NRS 386.120.] by law for school districts having pupil enrollments of that size.

      Sec. 38.  NRS 386.200 is hereby amended to read as follows:

      386.200  1.  [Notwithstanding the provisions of NRS 386.160 and 386.170, or any other section of this Title of NRS, the] The trustees of a county school district may be elected from school trustee election areas in the alternate manner [hereinafter] provided in this section.

      2.  Within 30 days prior to May 1 of any year in which a general election is to be held in the state, 10 percent or more of the registered voters of a county school district other than Clark or Washoe may file a written petition with the board of county commissioners of the county praying for the creation of school trustee election areas within the county school district in the manner provided in this section. The petition shall specify with particularity the school trustee election areas proposed to be created, the number of trustees to be elected from each such area, and the manner of their nomination and election. The number of school trustee election areas proposed shall not exceed the number of trustees authorized by law for the particular county school district. [pursuant to NRS 386.120.] The description of the proposed school trustee election areas need not be given by metes and bounds or by legal subdivisions, but shall be sufficient to enable a person to ascertain what territory is proposed to be included within a particular school trustee election area. The signatures to the petition need not all be appended to one paper, but each signer must add to his name his place of residence, giving the street and number whenever practicable. One of the signers of each paper shall make oath, before an officer competent to administer oaths, that each signature to the paper appended is the genuine signature of the person whose name it purports to be.

      3.  Immediately after the receipt of the petition, the board of county commissioners shall fix a date for a public hearing to be held during the month of May, and shall give notice thereof by publication at least once in a newspaper published in the county, or if no such newspaper is published therein then in a newspaper published in the State of Nevada and having a general circulation in the county. The costs of publication of such notice shall be a proper charge against the county school district fund.

      4.  If, as a result of the public hearing, the board of county commissioners finds that the creation of school trustee election areas within the county school district is desirable, the board of county commissioners shall, by resolution regularly adopted prior to June 1, divide the county school district into the number of school trustee election areas specified in the petition, designate them by number and define their boundaries.


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ê1979 Statutes of Nevada, Page 1578 (Chapter 667, SB 539)ê

 

shall, by resolution regularly adopted prior to June 1, divide the county school district into the number of school trustee election areas specified in the petition, designate them by number and define their boundaries. The territory comprising each school trustee election area shall be contiguous. The resolution shall further set forth the number of trustees to be elected from each school trustee election area and the manner of their nomination and election.

      5.  Prior to June 1 and immediately following the adoption of the resolution creating school trustee election areas within a county school district, the clerk of the board of county commissioners shall transmit a certified copy of the resolution to the superintendent of public instruction.

      6.  Upon the creation of school trustee election areas within a county school district the terms of office of all trustees then in office [shall] expire on the 1st Monday of January thereafter next following a general election. At the general election held following the creation of school trustee election areas within a county school district, school trustees to represent the odd-numbered school trustee election areas shall be elected for terms of 4 years and school trustees to represent the even-numbered school trustee election areas shall be elected for terms of 2 years. Thereafter, at each general election, the offices of school trustees shall be filled for terms of 4 years in the order in which the terms of office expire.

      7.  A candidate for the office of trustee of a county school district in which school trustee election areas have been created shall be a qualified elector and shall be a resident of the school trustee election area which he seeks to represent.

      8.  The board of county commissioners may by resolution change the boundaries of school trustee election areas or the manner of nomination or election of school trustees after:

      (a) Holding a public hearing of which notice shall be given as provided in subsection 3; and

      (b) Receiving, at such hearing or by resolution, the consent of the board of trustees of the school district.

      9.  If the [certificate of the] superintendent of public instruction [, filed with] certifies to the county clerk [in compliance with the provisions of NRS 386.150, states] that the pupil enrollment during the preceding school year in a county school district was less than 1,000, and the board of trustees of the county school district is composed of seven elected members based upon a previous pupil enrollment of 1,000 or more, then the board of county commissioners shall alter such school trustee election areas or change the number of trustees to be elected from such areas, or the manner of their nomination and election, as may be necessary to provide for reduction of the membership of the board of trustees of the county school board from seven to five members, and only five school trustees shall thereafter be nominated and elected at the forthcoming elections.

      10.  If the [certificate of the] superintendent of public instruction [, filed with] certifies to the county clerk [in compliance with the provisions of NRS 386.150, states] that the pupil enrollment during the preceding school year in a county school district was 1,000 or more, and the board of trustees of the county school district is composed of five elected members based upon a previous pupil enrollment of less than 1,000, then the board of county commissioners shall alter such school trustee election areas or change the number of trustees to be elected from such areas, or the manner of their nomination and election, as may be necessary to provide for increasing the membership of the board of trustees of the county school district from five to seven members, and two additional school trustees shall thereafter be nominated and elected at the forthcoming elections.


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ê1979 Statutes of Nevada, Page 1579 (Chapter 667, SB 539)ê

 

board of county commissioners shall alter such school trustee election areas or change the number of trustees to be elected from such areas, or the manner of their nomination and election, as may be necessary to provide for increasing the membership of the board of trustees of the county school district from five to seven members, and two additional school trustees shall thereafter be nominated and elected at the forthcoming elections.

      Sec. 39.  NRS 386.310 is hereby amended to read as follows:

      386.310  1.  On the date fixed by its rules for the first meeting in January following a general election, the board of trustees shall meet and organize by:

      (a) Electing one of its members as president.

      (b) Electing one of its members as clerk, or by selecting some other qualified person as clerk.

      (c) Electing additional officers as may be deemed necessary.

      2.  A record of the organization of the board of trustees [shall] must be entered in the minutes, together with the amount of salary to be paid to the clerk.

      3.  Immediately after the organization of the board of trustees, the clerk shall file the names of the president, the clerk and the members of the board of trustees with the [state] department [of education] and the county auditor of the county whose boundaries are conterminous with the boundaries of the county school district.

      Sec. 40.  NRS 386.320 is hereby amended to read as follows:

      386.320  1.  If the [average daily attendance of pupils between the ages of 6 years and 17 years attending school] total pupil enrollment in the school district for the immediately preceding school year is less than 1,000:

      (a) The clerk and president of the board of trustees may each receive a salary of $20 for each board of trustees meeting they attend, not to exceed $40 a month.

      (b) The other trustees may each receive a salary of $15 for each board of trustees meeting they attend, not to exceed $30 a month.

      (c) The board of trustees may hire a stenographer to take the minutes of the meetings of the board of trustees, and such stenographer may be paid a reasonable fee for each meeting attended.

      2.  If the [average daily attendance of pupils between the ages of 6 years and 17 years attending school] total pupil enrollment in the school district for the immediately preceding school year is 1,000 or more:

      (a) The clerk and president of the board of trustees may each receive a salary of $40 for each board of trustees meeting they attend, not to exceed $160 a month.

      (b) The other trustees may each receive a salary of $35 for each board of trustees meeting they attend, not to exceed $140 a month.

      (c) The board of trustees may hire a stenographer to take the minutes of the meetings of the board of trustees; and such stenographer may be paid a reasonable fee for each meeting attended.

      Sec. 41.  NRS 386.345 is hereby amended to read as follows:

      386.345  1.  The board of trustees of a school district may:

      (a) Acquire and maintain membership in county, state and national school board associations and pay dues to such associations.


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ê1979 Statutes of Nevada, Page 1580 (Chapter 667, SB 539)ê

 

      (b) [Notwithstanding any limitations contained in NRS 386.290, pay] Pay the travel expenses and per diem allowances of trustees at the same rate authorized by law for state officers when the trustees attend county, state or national school board association meetings.

      2.  Claims for dues, travel expenses and per diem allowances authorized in subsection 1 shall be presented and allowed as provided by law for other claims against the school district.

      Sec. 42.  NRS 386.365 is hereby amended to read as follows:

      386.365  1.  Except as provided in subsection 3, each board of trustees in any county having 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 give 30 days’ notice of its intention to adopt, repeal or amend a policy or regulation of the board concerning any of the subjects set forth in subsection 4. The notice [shall:] must:

      (a) Include a description of the subject or subjects involved and [shall] must state the time and place of the meeting at which the matter will be considered by the board; and

      (b) Be mailed to the following persons from each of the schools affected:

             (1) The principal;

             (2) The president of the parent-teacher association or similar body; and

             (3) The president of the classroom teachers’ organization or other collective bargaining agent.

A copy of the notice and of the terms of each proposed policy or regulation, or change in a policy or regulation, [shall] must be made available for inspection by the public in the office of the superintendent of schools of the school district at least 30 days before its adoption.

      2.  All persons interested in a proposed policy or regulation or change in a policy or regulation [shall] must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing. The board of trustees shall consider all written and oral submissions respecting the proposal or change before taking final action.

      3.  Emergency policies may be adopted by the board upon its own finding that an emergency exists.

      4.  This section applies to policies and regulations concerning:

      (a) Attendance rules;

      (b) Zoning;

      (c) Grading;

      (d) District staffing patterns;

      (e) Curriculum and program;

      (f) Pupil discipline; and

      (g) Personnel, except with respect to dismissals and refusals to reemploy covered by contracts entered into as a result of the Local Government Employee-Management Relations Act, as provided in [chapter 391 of NRS.] NRS 391.3116.

      Sec. 42.5.  Section 97 of Senate Bill No. 72 of the 60th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 97.  NRS 386.365 is hereby amended to read as follows:


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

ê1979 Statutes of Nevada, Page 1581 (Chapter 667, SB 539)ê

 

       386.365  1.  Except as provided in subsection 3, each board of trustees in any county having 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 give 30 days’ notice of its intention to adopt, repeal or amend a policy or regulation of the board concerning any of the subjects set forth in subsection 4. The notice must:

       (a) Include a description of the subject or subjects involved and must state the time and place of the meeting at which the matter will be considered by the board; and

       (b) Be mailed to the following persons from each of the schools affected:

             (1) The principal;

             (2) The president of the parent-teacher association or similar body; and

             (3) The president of the classroom teachers’ organization or other collective bargaining agent.

A copy of the notice and of the terms of each proposed policy or regulation, or change in a policy or regulation, must be made available for inspection by the public in the office of the superintendent of schools of the school district at least 30 days before its adoption.

       2.  All persons interested in a proposed policy or regulation or change in a policy or regulation must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing. The board of trustees shall consider all written and oral submissions respecting the proposal or change before taking final action.

       3.  Emergency policies may be adopted by the board upon its own finding that an emergency exists.

       4.  This section applies to policies and regulations concerning:

       (a) Attendance rules;

       (b) Zoning;

       (c) Grading;

       (d) District staffing patterns;

       (e) Curriculum and program;

       (f) Pupil discipline; and

       (g) Personnel, except with respect to dismissals and refusals to reemploy covered by contracts entered into as a result of the Local Government Employee-Management Relations Act, as provided in NRS 391.3116.

 

      Sec. 43.  NRS 386.370 is hereby amended to read as follows:

      386.370  Annually, on or before July 1 [,] and at such other times as the superintendent of public instruction may require, each board of trustees shall make or cause to be made a report to the superintendent of public instruction, in the manner and form [and on the blanks] prescribed by [the superintendent of public instruction.] him.

      Sec. 44.  NRS 386.380 is hereby amended to read as follows:

      386.380  Every member of a board of trustees of a school district [shall have power to administer:

      1.  Oaths or affirmations of office to teachers.


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ê1979 Statutes of Nevada, Page 1582 (Chapter 667, SB 539)ê

 

      2.  All other] may administer oaths and affirmations relating to public schools.

      Sec. 45.  NRS 386.410 is hereby amended to read as follows:

      386.410  [In addition to other duties imposed by law concerning school districts, each district attorney of a county whose boundaries are conterminous with the boundaries of a county school district shall, when required, give his written opinion without fee to the board of trustees of the county school district on matters relating to the duties of the board.] The board of trustees of a school district may employ private legal counsel when the board determines that such employment is necessary.

      Sec. 46.  Chapter 387 of NRS is hereby amended by adding thereto the provisions set forth as sections 47 to 49, inclusive, of this act.

      Sec. 47.  As used in NRS 387.121 to 387.126, inclusive, section 48 of this act and this section:

      1.  “Average daily attendance—highest 3 months” means the average daily attendance of pupils enrolled in programs of instruction of a school district during the 3 months of highest average daily attendance of the school year.

      2.  “Enrollment” means the count of pupils enrolled in and scheduled to attend programs of instruction of a school district at a specified time during the school year.

      3.  “Special education program unit” means an organized instructional unit which includes full-time services of certificated personnel providing a program of instruction in accordance with minimum standards prescribed by the state board.

      Sec. 48.  1.  The basic support guarantee for any special education program unit maintained and operated during a period of less than 9 school months is in the same proportion to the amount established by law for that school year as the period during which such program unit actually was maintained and operated is to 9 school months.

      2.  Any unused allocations for special education program units may be reallocated to other school districts by the superintendent of public instruction. In such reallocation, first priority must be given to special education programs with statewide implications, and second priority must be given to special education programs maintained and operated by school districts whose allocation is less than or equal to the amount provided by law. If there are more unused allocations than necessary to cover programs of first and second priority but not enough to cover all remaining special education programs eligible for payment from reallocations, then payment for such remaining programs must be prorated. If there are more unused allocations than necessary to cover programs of first priority but not enough to cover all programs of second priority, then payment for programs of second priority must be prorated. If unused allocations are not enough to cover all programs of first priority, then payment for programs of first priority must be prorated.

      3.  A school district may, after receiving the approval of the superintendent of public instruction, contract with any person, state agency or legal entity to provide a special education program unit for handicapped pupils of the district.

      Sec. 49.  In addition to the requirements of NRS 354.596, not later than 30 days prior to the time of filing its tentative budget, each board of trustees of a school district shall submit, simultaneously to the superintendent of public instruction and the department of taxation, a report showing the estimated number of persons to be employed whose salaries will be paid from amounts to be included in its tentative and final budgets for the ensuing fiscal year.


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ê1979 Statutes of Nevada, Page 1583 (Chapter 667, SB 539)ê

 

than 30 days prior to the time of filing its tentative budget, each board of trustees of a school district shall submit, simultaneously to the superintendent of public instruction and the department of taxation, a report showing the estimated number of persons to be employed whose salaries will be paid from amounts to be included in its tentative and final budgets for the ensuing fiscal year. The report must be made on forms prescribed by the superintendent of public instruction and must include, without limitation:

      1.  A schedule showing, according to account and fund classification, the estimated number of persons to be employed who are fully funded thereby;

      2.  A schedule showing, according to classification, the estimated number of persons to be employed who are funded by more than one account or fund; and

      3.  The projected salary schedule for the next fiscal year.

      Sec. 50.  NRS 387.040 is hereby amended to read as follows:

      387.040  The state treasurer shall pay over all public school [moneys] money received by him only on warrants of the state controller issued:

      1.  Upon the orders of the superintendent of public instruction [under the seal of the state board of education,] in favor of county treasurers; or

      2.  Upon orders of the state board of [education,] finance, for purposes of investment as provided in NRS 387.010,

which orders, duly endorsed, [shall be] are valid vouchers in the hands of the state controller for the disbursement of public school [moneys.] money.

      Sec. 51.  NRS 387.050 is hereby amended to read as follows:

      387.050  1.  The State of Nevada accepts the provisions of, and [each] all of the [funds] money provided by, the [Act of Congress entitled “An act to provide for the promotion of vocational education; to provide for cooperation with the States in the promotion of such education in agriculture and the trades and industries; to provide cooperation with the States in the preparation of teachers in vocational subjects; and to appropriate money and regulate its expenditure,” known as the Smith-Hughes Vocational Education Act, and approved February 23, 1917, and any amendments thereof or supplements thereto.

      2.  The State of Nevada accepts the provisions of, and each of the funds provided by, the Act of Congress entitled “An act to provide for the further development of vocational education in the several states and territories,” known as the Vocational Education Act of 1946, approved June 8, 1936, and amended August 1, 1946,] Vocational Education Act of 1963, and any amendments thereof or supplements thereto.

      [3.]2.  In addition to the provisions of [subsections 1 and 2,] subsection 1, the state board for vocational education [is authorized to] may accept and [direct] adopt regulations or establish policies for the disbursement of [funds] money appropriated by any Act of Congress and apportioned to the State of Nevada for use in connection with the vocational education program.

      [4.]3.  In accepting the benefits of the Acts of Congress referred to in subsections [1, 2 and 3,] 1 and 2, the State of Nevada agrees to comply with all of their provisions and to observe all of their requirements.


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ê1979 Statutes of Nevada, Page 1584 (Chapter 667, SB 539)ê

 

in subsections [1, 2 and 3,] 1 and 2, the State of Nevada agrees to comply with all of their provisions and to observe all of their requirements.

      [5.]4.  The state treasurer is designated [and appointed] custodian of all [moneys] money received by the State of Nevada from the appropriations made by the Acts of Congress referred to in subsections [1, 2 and 3,] 1 and 2, and he [is authorized to] may receive and provide for the proper custody [of the same] thereof and [to] make disbursements therefrom in the manner provided in the acts and for the purposes therein specified [.] on warrants of the state controller issued upon the order of the executive officer of the state board for vocational education.

      [6.  Upon] 5.  On warrants of the state controller issued upon the order of the executive officer of the state board for vocational education [,] pursuant to regulations or policies of the board, the state treasurer shall also pay out any [moneys] money appropriated by the State of Nevada for the purpose of carrying out the provisions of this section.

      Sec. 52.  NRS 387.067 is hereby amended to read as follows:

      387.067  1.  The state board of education [is hereby authorized to] may accept and [direct] adopt regulations or establish policies for the disbursement of [funds] money appropriated and apportioned to the State of Nevada or the school districts of the State of Nevada under the Elementary and Secondary Education Act of 1965.

      2.  The [state board of education] superintendent of public instruction shall deposit such [funds] money with the state treasurer, who shall make disbursements therefrom [upon the direction of the state board of education in the same manner as other claims against the state are paid.] on warrants of the state controller issued upon the order of the superintendent of public instruction.

      3.  The state board of education and any school district within the state may, within the limits provided in this section, make such applications and agreements and give such assurances to the Federal Government and conduct such programs as may be required as a condition precedent to receipt of [funds] money under the Elementary and Secondary Education Act of 1965. Neither the state board of education nor a school district may enter into an agreement or give an assurance which requires the state or a school district to provide [funds] money above the amount appropriated or otherwise lawfully available for such purpose.

      Sec. 53.  NRS 387.070 is hereby amended to read as follows:

      387.070  As used in NRS 387.070 to [387.111,] 387.105, inclusive:

      1.  “School” means any public [elementary school and any public high] school.

      2.  “School lunch program” means a program under which lunches are served by any public school in this state on a nonprofit basis to children in attendance, including any such program under which a [public] school receives assistance out of funds appropriated by the Congress of the United States.

      Sec. 54.  NRS 387.075 is hereby amended to read as follows:

      387.075  1.  The state board of education may accept and [direct] adopt regulations or establish policies for the disbursement of [funds] money appropriated by any Act of Congress and apportioned to the State of Nevada for use in connection with school lunch programs.


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ê1979 Statutes of Nevada, Page 1585 (Chapter 667, SB 539)ê

 

      2.  The [state board of education] superintendent of public instruction shall deposit with the state treasurer all money received from the Federal Government or from other sources for school lunch programs. The state treasurer shall make disbursements for such programs [upon the direction of the state board of education in the same manner as other claims against the state are paid.] on warrants of the state controller issued upon the order of the superintendent of public instruction.

      Sec. 55.  NRS 387.080 is hereby amended to read as follows:

      387.080  1.  The state board of education may [:

      1.  Enter]enter into agreements with any agency of the Federal Government, with any board of trustees of a school district, or with any other agency or person, and establish policies and prescribe [such] regulations, [employ] authorize the employment of such personnel, and take such other action as it may deem necessary to provide for the establishment, maintenance, operation and expansion of any school lunch program.

      2.  [Direct the disbursement of] The state treasurer shall disburse federal and state [funds in accordance with any applicable provisions of federal-state law.] money designated for a school lunch program on warrants of the state controller issued upon the order of the superintendent of public instruction pursuant to regulations or policies of the board.

      3.  The superintendent of public instruction may:

      (a) Give technical advice and assistance to any board of trustees of a school district in connection with the establishment and operation of any school lunch program.

      [4.](b) Assist in training personnel engaged in the operation of any school lunch program.

      Sec. 56.  NRS 387.090 is hereby amended to read as follows:

      387.090  Boards of trustees of school districts [are authorized:] may:

      1.  [To operate] Operate or provide for the operation of school lunch programs in the public schools under their jurisdiction.

      2.  [To use] Use therefor [funds] money disbursed to them under the provisions of NRS 387.070 to [387.111,] 387.105, inclusive, gifts, donations and other [funds] money received from the sale of school lunches under such programs.

      3.  [To deposit] Deposit such [funds] money in one or more accounts in a bank or banks within the state.

      4.  [To contract] Contract with respect to food, services, supplies, equipment and facilities for the operation of such programs.

      Sec. 57.  NRS 387.100 is hereby amended to read as follows:

      387.100  The state board of education [is authorized,] may, to the extent that [funds are] money is available for that purpose, and in cooperation with other appropriate agencies and organizations:

      1.  [To conduct] Conduct studies of methods of improving and expanding school lunch programs and promoting nutritional education in the public schools.

      2.  [To conduct] Conduct appraisals of the nutritive benefits of school lunch programs.

      [3.  To report its findings and recommendations, from time to time, to the governor.]


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ê1979 Statutes of Nevada, Page 1586 (Chapter 667, SB 539)ê

 

      Sec. 58.  NRS 387.105 is hereby amended to read as follows:

      387.105  To enable the state board of education to provide for the establishment, maintenance, operation and expansion of school lunch programs, [including the cost of supervisors’ and clerical salaries, office supplies and equipment, travel and per diem allowances, postage and express, telephone, telegraph and printing, funds] money shall be provided by legislative appropriation from the general fund as a budgeted part of the appropriation for the support of the [state] department, [of education,] and shall be paid out on claims as other claims against the state are paid.

      Sec. 59.  NRS 387.122 is hereby amended to read as follows:

      387.122  [1.]  For making the apportionments of the state distributive school fund required [to be made pursuant to] by the provisions of [Title 34 of NRS,] this Title, the basic support guarantee per pupil for each school district and the basic support guarantee for each special education program unit maintained and operated during at least 9 months of a school year are established by law for each school year. [, contingent upon the following limitations:

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

      (b) Support guarantee for any special education program unit maintained and operated during a period of less than 9 school months shall be in the same proportion to the amount established by law for that school year as the period during which such program unit actually was maintained and operated is to 9 school months.

      2.  Any unused allocations for special education program units may be reallocated to other county school districts by the state department of education. In such reallocation, first priority shall be given to special education programs with statewide implications, and second priority shall be given to special education programs maintained and operated by school districts whose allocation is less than or equal to the amount provided by law. If there are more unused allocations than necessary to cover programs of first and second priority but not enough to cover all remaining special education programs eligible for payment from reallocations, then payment for such remaining programs shall be prorated. If there are more unused allocations than necessary to cover programs of first priority, but not enough to cover all programs of second priority, then payment for programs of second priority shall be prorated. If unused allocations are not enough to cover all programs of first priority, then payment for programs of first priority shall be prorated.

      3.  A school district may, after receiving the approval of the state department of education, contract with any person, state agency or legal entity to provide a special education program unit for handicapped pupils of the district.]

      Sec. 60.  NRS 387.123 is hereby amended to read as follows:

      387.123  1.  [“Enrollment” means the] The count of pupils for apportionment purposes includes all those who are enrolled in [and scheduled to attend] programs of instruction [in the public schools] of the school district for:

      (a) Pupils in the kindergarten department.


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ê1979 Statutes of Nevada, Page 1587 (Chapter 667, SB 539)ê

 

      (b) Pupils in grades 1 to 12, inclusive.

      (c) Handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.

      (d) Children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550 to [388.580,] 388.570, inclusive.

      (e) Part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.

      2.  [“Average daily attendance—full term” means the average daily attendance of pupils enrolled in the public schools during the school year.

      3.  “Average daily attendance—highest 3 months” means the average daily attendance of pupils enrolled in the public schools during the 3 months of highest average daily attendance of the school year.

      4.] The state board of education shall establish uniform [rules to be used] regulations for counting enrollment and [in] calculating the average daily attendance of pupils. [In calculating average daily attendance of pupils, no pupil specified in paragraphs (a), (b), (c) and (d) of subsection 1 shall be counted more than once.] In establishing such [rules] regulations for the public schools, the state board: [of education:]

      (a) Shall divide the school year into 10 school months, each containing 20 or fewer school days.

      (b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.

      (c) Shall [select the three highest monthly attendance quotients] calculate average daily attendance by selecting the average daily attendance—highest 3 months for each category of pupils, as established by subsection 1 or pursuant to paragraph (b) of this subsection, in each school.

      [5.](d) Shall prohibit counting of any pupil specified in paragraph (a), (b), (c) or (d) of subsection 1 more than once.

      3.  The state board of education shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of the state which is consistent with:

      (a) The maintenance of an acceptable standard of instruction;

      (b) The conditions prevailing in such school district with respect to the number and distribution of pupils in each grade; and

      (c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.

If the superintendent of public instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, he shall, with the approval of the state board, [of education shall] reduce the [average daily attendance] count of pupils for apportionment purposes by the percentage which the number of pupils attending such classes is of the total number of pupils in the district, and [may] the state board may direct him to withhold the quarterly apportionment entirely.


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ê1979 Statutes of Nevada, Page 1588 (Chapter 667, SB 539)ê

 

      Sec. 61.  NRS 387.1233 is hereby amended to read as follows:

      387