[Rev. 4/6/2015 4:55:46 PM]

Link to Page 1800

 

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ê1979 Statutes of Nevada, Page 1801 (Chapter 683, AB 103)ê

 

previous 2 years, a significant portion of his income from any department or agency of state government which may be a holder of or an applicant for a permit required by NRS 445.131 to 445.354, inclusive.

      6.  The state department of conservation and natural resources shall provide technical advice, support and assistance to the commission. All state officers, departments, commissions and agencies, including but not limited to, the department of [highways,] transportation, the department of wildlife, the department of human resources, the University of Nevada System, the state public works board, the department of motor vehicles, the public service commission of Nevada and the state department of agriculture may also provide technical advice, support and assistance to the commission.

      Sec. 115.  NRS 481.027 is hereby amended to read as follows:

      481.027  1.  [After July 1, 1957, the functions previously carried on by the public service commission of Nevada and the drivers’ license division thereof concerning highway safety shall be administered by the department of motor vehicles.

      2.  This section shall not be construed to remove from the jurisdiction of the department of highways:

      (a) Any other functions allowed to or required of it by chapter 408 of NRS; or

      (b) Any functions concerning marking or posting signs on or alongside public highways.

      3.  It is intended by this section that the department of highways shall retain its control over the physical aspects of the public highways, and that the] The department of motor vehicles shall control the manner and type of use of the public highways by the public [.

      4.] , and the department of transportation shall control the physical aspects of the public highways.

      2.  The functions of the department of motor vehicles concerning highway safety [shall] must not be duplicated by any other agency, department, commission or officer of the State of Nevada.

      Sec. 116.  NRS 481A.020 is hereby amended to read as follows:

      481A.020  1.  The governor shall appoint the [state highway engineer] director of the department of transportation as the designated representative of this state to serve on the cooperating committee established by article IV of the Multistate Highway Transportation Agreement.

      2.  The designated representative of this state may be represented by an alternate designated by him. Any such alternate [shall] must be a principal deputy in the department of [highways.] transportation.

      Sec. 117.  NRS 484.126 is hereby amended to read as follows:

      484.126  “Public authority” means the department of [highways] transportation or the local authority having jurisdiction to enact laws or ordinances or [promulgate] adopt regulations relating to traffic over a highway.

      Sec. 118.  NRS 484.254 is hereby amended to read as follows:

      484.254  1.  It is unlawful for a driver of a vehicle to fail or refuse to comply with any signal of an authorized flagman serving in a traffic control capacity in a clearly marked area of highway construction or maintenance.


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ê1979 Statutes of Nevada, Page 1802 (Chapter 683, AB 103)ê

 

      2.  As used in this section, “authorized flagman serving in a traffic control capacity” means an employee of the department of [highways] transportation or of a contractor performing highway construction or maintenance for the department while he is carrying out the duties of his employment.

      Sec. 119.  NRS 484.283 is hereby amended to read as follows:

      484.283  1.  Whenever traffic is controlled by official traffic-control devices exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination as declared in the manual and specifications adopted by the department of [highways,] transportation, only the colors green, yellow and red [shall] may be used, except for special pedestrian-control devices carrying a word legend as provided in NRS 484.325. [Such] The lights, arrows and combinations thereof indicate and apply to drivers of vehicles and pedestrians as provided in this section.

      2.  When the signal is circular green alone:

      (a) Vehicular traffic facing [such a] the signal may proceed straight through or turn right or left unless another device at [such] the place prohibits either or both such turns. Such vehicular traffic, including vehicles turning right or left, [shall] must yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time [such] the signal is exhibited.

      (b) Pedestrians facing such a signal may proceed across the highway within any marked or unmarked crosswalk, unless directed otherwise by another device as provided in NRS 484.325.

      3.  Where the signal is circular green with a green turn arrow:

      (a) Vehicular traffic facing [such a] the signal may proceed to make the movement indicated by the green turn arrow or such other movement as is permitted by the circular green signal, but [such traffic shall] the traffic must yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection at the time [such] the signal is exhibited. Drivers turning in the direction of the arrow when displayed with the circular green are thereby advised that so long as a turn arrow is illuminated, oncoming or opposing traffic simultaneously faces a steady red signal.

      (b) Pedestrians facing such a signal may proceed across the highway within any marked or unmarked crosswalk, unless directed otherwise by another device as provided in NRS 484.325.

      4.  Where the signal is a green turn arrow alone:

      (a) Vehicular traffic facing [such a] the signal may proceed only in the direction indicated by the arrow signal so long as the arrow is illuminated, but [such traffic shall] the traffic must yield the right of way to pedestrians lawfully within the adjacent crosswalk and to other traffic lawfully using the intersection.

      (b) Pedestrians facing such a signal shall not enter the highway until permitted to proceed by another device as provided in NRS 484.325.

      5.  Where the signal is a green straight-through arrow alone:

      (a) Vehicular traffic facing [such a] the signal may proceed straight through, but [shall] must not turn right or left. Such vehicular traffic [shall] must yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time [such] the signal is exhibited.


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ê1979 Statutes of Nevada, Page 1803 (Chapter 683, AB 103)ê

 

lawfully within the intersection or an adjacent crosswalk at the time [such] the signal is exhibited.

      (b) Pedestrians facing such a signal may proceed across the highway within the appropriate marked or unmarked crosswalk, unless directed otherwise by another device as provided in NRS 484.325.

      6.  Where the signal is a steady yellow signal alone:

      (a) Vehicular traffic facing [such a] the signal is thereby warned that the related green movement is being terminated or that a steady red indication will be exhibited immediately thereafter, and such vehicular traffic shall not enter the intersection when the red signal is exhibited.

      (b) Pedestrians facing such a signal, unless otherwise directed by another device as provided in NRS 484.325, are thereby advised that there is insufficient time to cross the highway.

      7.  Where the signal is a steady red signal alone:

      (a) Vehicular traffic facing [such a signal shall] the signal must stop before entering the crosswalk on the nearest side of the intersection where the sign or pavement marking indicated where the stop [shall] must be made, or in the absence of any such crosswalk, sign or marking, then before entering the intersection, and, except as provided in paragraph (c) of this subsection, [shall] must remain stopped or standing until the green signal is shown.

      (b) Pedestrians facing such a signal shall not enter the highway, unless permitted to proceed by another device as provided in NRS 484.325.

      (c) After complying with the stop requirement of paragraph (a) of this subsection, vehicular traffic facing such a signal and situated on the extreme right of the highway may proceed into the intersection for a right turn only when the intersecting highway is two-directional or one-way to the right, or vehicular traffic facing such a signal and situated on the extreme left of a one-way highway may proceed into the intersection for a left turn only when the intersecting highway is one-way to the left, but [shall] must yield the right of way to pedestrians and other traffic proceeding as directed by the signal at [such] the intersection.

      8.  Where the signal is a steady red with a green turn arrow: [then:]

      (a) Vehicular traffic facing [such a] the signal may enter the intersection only to make the movement indicated by the green turn arrow, but [shall] must yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. Drivers turning in the direction of the arrow are thereby advised that so long as the turn arrow is illuminated, oncoming or opposing traffic simultaneously faces a steady red signal.

      (b) Pedestrians facing such a signal shall not enter the highway, unless permitted to proceed by another device as provided in NRS 484.325.

      9.  If a signal is erected and maintained at a place other than an intersection, the provisions of this section [shall be] are applicable except as to those provisions which by their nature can have no application. Any stop required [shall] must be made at a sign or pavement marking indicating where the stop [shall] must be made, but in the absence of any such device the stop [shall] must be made at the signal.

      10.  Whenever signals are placed over the individual lanes of a highway, [such signals shall] the signals indicate, and apply to drivers of vehicles, as follows:

 


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ê1979 Statutes of Nevada, Page 1804 (Chapter 683, AB 103)ê

 

highway, [such signals shall] the signals indicate, and apply to drivers of vehicles, as follows:

      (a) A downward-pointing green arrow means that a driver facing [such] the signal may drive in any lane over which the green signal is shown.

      (b) A red “X” symbol means a driver facing [such signal shall] the signal must not enter or drive in any lane over which [such] the red signal is shown.

      Sec. 120.  NRS 484.301 is hereby amended to read as follows:

      484.301  1.  The department of [highways] transportation with respect to highways constructed under the authority of chapter 408 of NRS, and local authorities with respect to highways under their jurisdiction, may determine those zones of highways where overtaking and passing to the left or making a left-hand turn would be hazardous, and may be the erection of official traffic-control devices indicate such zones. When such devices are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions thereof.

      2.  Except as provided in subsections 3 and 4, a driver shall not drive on the left side of the highway within such zone or drive across or on the left side of any pavement striping designed to mark such zone throughout its length.

      3.  A driver may drive across a pavement striping marking such zone to an adjoining highway if he has first given the appropriate turn signal and there will be no impediment to oncoming or following traffic.

      4.  Except where otherwise provided, a driver may drive across a pavement striping marking such a zone to make a left-hand turn if he has first given the appropriate turn signal in compliance with NRS 484.343, if it is safe and if it would not be an impediment to oncoming or following traffic.

      Sec. 121.  NRS 484.313 is hereby amended to read as follows:

      484.313  The department of [highways] transportation and local authorities may with respect to any controlled-access highway under their respective jurisdictions prohibit the use of any [such] the highway by pedestrians, bicycles or other nonmotorized traffic or by any person operating a power cycle.

      Sec. 122.  NRS 484.351 is hereby amended to read as follows:

      484.351  The department of [highways,] transportation, and local authorities with the approval of the department of [highways,] transportation, may designate dangerous highway grade crossings of railroads and erect official traffic-control devices at such crossings directing a stop. When such signs are erected, the driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest track of such a grade crossing and [shall] afterward may proceed only upon exercising due care.

      Sec. 123.  NRS 484.367 is hereby amended to read as follows:

      484.367  1.  Except as provided in subsection 2 and pursuant to the power granted in NRS 269.185, the town board or board of county commissioners may, by ordinance, limit the speed of motor vehicles in any unincorporated town or city in the county as may be deemed proper.


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ê1979 Statutes of Nevada, Page 1805 (Chapter 683, AB 103)ê

 

      2.  The department of [highways] transportation may establish the speed limits for motor vehicles on highways within the boundaries of any unincorporated town or city when such highways were constructed and maintained under the authority granted by chapter 408 of NRS.

      Sec. 124.  NRS 484.369 is hereby amended to read as follows:

      484.369  1.  The department of [highways is authorized to] transportation may prescribe speed zones, and to install appropriate speed signs controlling vehicular traffic on the state highway system as established in chapter 408 of NRS through hazardous areas, after necessary studies have been made to determine the need therefor, and to eliminate speed zones and remove the signs therefrom whenever the need therefor ceases to exist.

      2.  After the establishment of a speed zone and the installation of appropriate speed-control signs, it is unlawful for any person to drive a motor vehicle upon the road and in [such] the speed zone in excess of the speed therein authorized.

      3.  The department shall cause to be displayed, in each school zone where the department has posted a speed limit, signs designating the hours of the day or night or both during which the school zone speed limit is to apply.

      Sec. 125.  NRS 484.375 is hereby amended to read as follows:

      484.375  1.  It is unlawful for any person to drive any vehicle equipped with solid rubber or cushion tires at a speed greater than 10 miles per hour.

      2.  It is unlawful for any person to drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to [such] the bridge or structure, when such structure is sign-posted as provided in this section.

      3.  The department of [highways] transportation upon request from any local authority shall, or upon its own initiative may, conduct an investigation of any bridge or other elevated structure constituting a part of a highway constructed and maintained under the authority granted by chapter 408 of NRS, and if it thereupon finds that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this chapter, the department shall determine and declare the maximum speed of vehicles which such structure can safely withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at a distance of 100 feet before each end of such structure.

      4.  Upon the trial of any person charged with a violation of this section, proof of [such] the determination of the maximum speed by [such] the department and the existence of such signs [shall constitute] constitutes conclusive evidence of the maximum speed which can be maintained with safety to [such] the bridge or structure.

      Sec. 126.  NRS 484.348 is hereby amended to read as follows:

      484.348  1.  Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a peace officer in a readily identifiable police or regulatory agency vehicle, when given a visual or audible signal to bring the vehicle to a stop is guilty of a misdemeanor.


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ê1979 Statutes of Nevada, Page 1806 (Chapter 683, AB 103)ê

 

agency vehicle, when given a visual or audible signal to bring the vehicle to a stop is guilty of a misdemeanor.

      2.  The signal by the peace officer described in subsection 1 may be by flashing red lamp or siren.

      3.  As used in this section, “regulatory agency” means any of the agencies granted police or enforcement powers under the provisions of NRS 407.065, 481.048, 481.049, 501.349, 565.155, [706.181 and] 706.8821 [.] and section 143 of this act.

      Sec. 127.  NRS 484.403 is hereby amended to read as follows:

      484.403  1.  Except as otherwise provided in this section, every vehicle stopped or parked upon a highway where there are adjacent curbs [shall] must be stopped or parked with the right-hand wheels of [such] the vehicle parallel to and within 18 inches of the right-hand curb.

      2.  Local authorities may be ordinance permit parking of vehicles with the left-hand wheels adjacent to and within 18 inches of the left-hand curb of a one-way highway.

      3.  Local authorities may by ordinance permit angle parking on any highway, except that angle parking [shall] must not be permitted on any highway constructed and maintained by the department of [highways] transportation under the authority granted by chapter 408 of NRS unless the department has determined that [such] the highway is of sufficient width to permit angle parking without interfering with the free movement of traffic.

      4.  The department of [highways] transportation with respect to highways under its jurisdiction may place official traffic-control devices prohibiting or restricting the stopping, standing or parking of vehicles on any such highway where, in its opinion, such stopping, standing or parking is dangerous to those using the highway or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. It is unlawful for any person to stop, stand or park any vehicle in violation of the restrictions stated on [such] those devices.

      Sec. 128.  NRS 484.6425 is hereby amended to read as follows:

      484.6425  1.  Except as provided in subsection 2, a person shall not operate any motor vehicle equipped with tires which have on the periphery any block, flange, cleat, ridge, bead or any other protuberance of metal or wood which projects beyond the thread of the traction surface of the tire.

      2.  This section does not prohibit:

      (a) Tire chains.

      (b) Pneumatic tires which have embedded therein wire not exceeding 0.075 inch in diameter and which are so constructed that under no conditions will the percentage of metal in contact with the roadway exceed 5 percent of the total tire area in contact with the roadway, except that during the first 1,000 miles of use, the metal in contact with the roadway may exceed 5 percent of the tire area in contact with the roadway but must not exceed 20 percent of that area.

      (c) Pneumatic tires containing metal-type studs of tungsten carbide or other suitable material which are so inserted or constructed that under no conditions will the percentage of metal in contact with the roadway exceed 3 percent of the total tire area in contact with the roadway, but such tires may only be used between October 1 and April 30.


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ê1979 Statutes of Nevada, Page 1807 (Chapter 683, AB 103)ê

 

under no conditions will the percentage of metal in contact with the roadway exceed 3 percent of the total tire area in contact with the roadway, but such tires may only be used between October 1 and April 30.

      (d) The operation of vehicles upon unimproved roadways when necessary in the construction or repair of highways.

      (e) The operation of traction engines or tractors under conditions of a permit first obtained from the department of [highways] transportation with respect to highways under its jurisdiction or the governing body of a city or county with respect to roads under its jurisdiction.

      Sec. 129.  NRS 484.738 is hereby amended to read as follows:

      484.738  1.  Except as otherwise provided in subsections 2, 3 and 4, a vehicle [shall] must not be operated on any highway of this state if its height, including any load, exceeds 14 feet measured from the surface on which the vehicle stands.

      2.  The maximum permissible height of a load of baled hay is 15 feet.

      3.  The department of [highways] transportation shall issue a continuing permit, upon application, to the operator of a vehicle whose height without load exceeds the limit imposed by subsection 1 if the vehicle was registered and in operation on the highway of this state on April 15, 1973. Any such permit [shall] must provide only for the operation of the vehicle over those portions of the highways of this state over which it was customarily operated on April 15, 1973, and until it is replaced by another vehicle.

      4.  It is unlawful to operate a vehicle governed by any of the provisions of subsections 1, 2 or 3 over any portion of a highway where the free clearance of any structure or encroachment is less than the actual height of the vehicle and load.

      Sec. 130.  NRS 484.739 is hereby amended to read as follows:

      484.739  1.  No bus or motortruck [shall] may exceed a length of 40 feet.

      2.  Except as provided in subsections 3 and 6, no combination of vehicles, including any attachments thereto coupled together, may exceed a length of 70 feet.

      3.  The department of [highways,] transportation, by [rule or] regulation, shall provide for the operation of vehicle combinations in excess of 70 feet in length, but in no event exceeding 105 feet. [Such rules or regulations shall] The regulations must establish standards for the operation of such vehicles, which standards [shall] must be consistent with their safe operation upon the public highways and [shall] must include, but not be limited to, the following:

      (a) Types and number of vehicles to be permitted in combination;

      (b) Horsepower of a motortruck;

      (c) Operating speeds;

      (d) Braking ability; and

      (e) Driver qualifications.

The operation of such vehicles [shall not be] is not permitted on highways where, in the opinion of the department of [highways,] transportation, their use would be inconsistent with the public safety due to narrow roadway, excessive grades, extreme curvature or vehicular congestion.


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ê1979 Statutes of Nevada, Page 1808 (Chapter 683, AB 103)ê

 

      4.  Vehicle combinations operated under the provisions of subsection 3 may, after obtaining a special permit issued at the discretion of, and in accordance with procedures established by, the department of [highways,] transportation, carry vehicle loads not to exceed the values set forth in the following formula: W=500(LN/(N-1) + 12N + 36), wherein:

      (a) W equals the maximum load in pounds carried on any group of two or more consecutive axles;

      (b) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and

      (c) N equals the number of axles in the group under consideration.

The distance between axles [shall] must be measured to the nearest foot. When a fraction is exactly one-half foot, the next largest whole number [shall] must be used. Such permits may be restricted in such manner as the department of [highways] transportation deems necessary and may, at the option of the department [of highways,] be canceled without notice. No such permits may be issued for operation on any highway where [such] that operation would prevent the state from receiving federal funds for highway purposes.

      5.  Upon approving an application for a permit to operate vehicle combinations under the provisions of subsection 4, the department of [highways] transportation shall withhold issuance of the permit until such time as the applicant has furnished proof of compliance with the provisions of NRS 706.531.

      6.  The load upon any motor vehicle operated alone, or the load upon any combination of vehicles, [shall] must not extend beyond the front or the rear of the vehicle or combination of vehicles for a distance of more than 10 feet, or a total of 10 feet both to the front or the rear, and no combination of vehicles and load thereon [shall] may exceed a total of 75 feet without having secured a permit pursuant to subsection 3 or to NRS 484.737. The provisions of this subsection do not apply to the booms or masts of shovels, cranes or water well drilling and servicing equipment carried upon a vehicle if:

      (a) The booms or masts do not extend by a distance greater than two-thirds of the wheelbase beyond the front tires of the vehicle.

      (b) The projecting structure or attachments thereto are securely held in place to prevent dropping or swaying.

      (c) No part of the structure which extends beyond the front tires is less than 7 feet from the roadway.

      (d) The driver’s vision is not impaired by the projecting or supporting structure.

      7.  Lights and other warning devices which are required to be mounted on a vehicle under this chapter [shall] must not be included in determining the length of a vehicle or combination of vehicles and the load thereon.

      8.  This section does not apply to vehicles used by a public utility for the transportation of poles.

      Sec. 131.  NRS 484.743 is hereby amended to read as follows:

      484.743  1.  The board of directors of the department of [highways] transportation may by resolution authorize the movement of vehicles upon the public highways, including without limitation motor vehicles, tractors, trailers, semitrailers and combinations thereof, of a size and weight in excess of the limits prescribed by this chapter, to such extent as may be authorized by any legislation enacted by the Congress of the United States permitting such increases without forfeiture of this state’s eligibility for federal aid in highway construction and maintenance.


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ê1979 Statutes of Nevada, Page 1809 (Chapter 683, AB 103)ê

 

tractors, trailers, semitrailers and combinations thereof, of a size and weight in excess of the limits prescribed by this chapter, to such extent as may be authorized by any legislation enacted by the Congress of the United States permitting such increases without forfeiture of this state’s eligibility for federal aid in highway construction and maintenance.

      2.  The board of directors of the department of [highways] transportation may by resolution establish a reasonable fee or fees to be charged by the department [of highways] for the issuance of permits authorizing the operation of oversize or overweight vehicles as provided in this chapter. The fee or fees so established [shall] must be in an amount set so that the aggregate amounts received from the fee or fees do not exceed the estimated costs of administering the permit system.

      Sec. 132.  NRS 484.745 is hereby amended to read as follows:

      484.745  Except as provided in NRS 484.753, no vehicle [shall] may be operated or moved upon any public highway, except upon the following conditions:

      1.  The maximum weight on any single axle [shall] must not exceed 20,000 pounds.

      2.  The maximum weight on any tandem axle [shall] must not exceed 34,000 pounds.

      3.  Except as provided in subsection 4, the maximum overall gross weight on any group of two or more consecutive axles [shall] must not exceed the values set forth in the following formula: W=500 [LN/(N-1) + 12N + 36] wherein:

      (a) W equals the maximum load in pounds carried on any group of two or more consecutive axles;

      (b) L equals the distance in feet between the extremes of any group of two or more consecutive axles; and

      (c) N equals the number of axles in the group under consideration.

      4.  Two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the distance between the first and last axles of such consecutive sets of axles is 36 feet or more.

      5.  For the purpose of this section “tandem axle” means any two or more consecutive axles whose centers are more than 40 inches but not more than 96 inches apart and are individually attached to or articulated from a common attachment to the vehicle including a connecting mechanism designed to equalize the load between axles.

      6.  The provisions of this section do not apply to any highway which is a part of the Federal-aid Primary System, Federal-aid Urban System, Federal-aid Secondary System or Interstate System if such an application would prevent this state from receiving any federal funds for highway purposes under section 127 of Title 23 U.S.C.

      7.  The department of [highways,] transportation, with respect to highways under its jurisdiction, and the governing bodies of cities and counties, with respect to roads and streets under their jurisdiction, after determining that use by vehicles otherwise conforming with the maximum weight limits [provided above] prescribed in this section is likely to cause substantial distress to any highway, road, street or portion or structure thereof, may, by proper notice, fix a reduced maximum weight limit for vehicles which may pass over any such highway, road, street or portion or structure thereof.


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ê1979 Statutes of Nevada, Page 1810 (Chapter 683, AB 103)ê

 

vehicles which may pass over any such highway, road, street or portion or structure thereof.

      Sec. 133.  NRS 484.759 is hereby amended to read as follows:

      484.759  1.  As used in this section “special mobile equipment” means a vehicle, not self-propelled, not designed or used primarily for the transportation of persons or property, and only incidentally operated or moved over a highway, excepting implements of husbandry.

      2.  The department of [highways] transportation with respect to highways under its jurisdiction and governing bodies of cities and counties with respect to roads under their jurisdiction may, upon application in writing, authorize the applicant to operate or move a vehicle, combination of vehicles, special mobile equipment, or load thereon of a size or weight exceeding the legal maximum, or to use corrugations on the periphery of the movable tracks on a traction engine or tractor, the propulsive power of which is not exerted through wheels resting on the roadway but by means of a flexible band or chain, or, under emergency conditions, to operate or move a type of vehicle otherwise prohibited by law, upon any highway under the jurisdiction of the department or governing body granting such a permit.

      3.  Except as otherwise provided in this section, the legal maximum width of any vehicle, combination of vehicles, special mobile equipment, or load thereon is 96 inches.

      4.  If a vehicle is equipped with pneumatic tires, the maximum width from the outside of one wheel and tire to the outside of the opposite outer wheel and tire must not exceed 102 inches, and the outside width of the body of such vehicle or the load thereon must not exceed 96 inches.

      5.  If a vehicle is carrying a load of loosely piled agricultural products such as hay, straw or leguminous plants in bulk but not crated, baled, boxed or sacked, the load of loosely piled material and any loading racks retaining the load must not exceed 120 inches in width.

      6.  Lights or devices which are required to be mounted upon a vehicle under this chapter may extend beyond the permissible width of the vehicle to a distance not exceeding 10 inches on each side of the vehicle, but the maximum width must not exceed 120 inches.

      7.  Door handles, hinges, cable cinchers and chain binders may extend 3 inches on each side, but the maximum width of body and door handles, hinges, cable cinchers or chain binders must not exceed 102 inches.

      8.  A person shall not operate a passenger vehicle on any highway with any load carried thereon extending beyond the line of the hubcaps on its left side or more than 6 inches beyond the line of the hubcaps on its right side.

      9.  The provisions of this section with respect to maximum widths do not apply to implements of husbandry incidentally operated, transported, moved or towed over a highway. If an implement of husbandry is transported or moved over a highway which is a part of the National System of Interstate and Defense Highways, as described in subsection (e) of section 103 of Title 23, U.S.C., as a load on another vehicle, if the load exceeds 96 inches in width, the vehicle and load must not be operated for a distance of more than 25 miles from the point of origin of the trip and must not be operated at a speed in excess of 30 miles per hour.


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ê1979 Statutes of Nevada, Page 1811 (Chapter 683, AB 103)ê

 

must not be operated at a speed in excess of 30 miles per hour. If an implement of husbandry is transported or moved over any other highway as a load on another vehicle, if the load exceeds 120 inches in width, the vehicle and load must not be operated for a distance of more than 25 miles from the point of origin of the trip and must not be operated at a speed in excess of 30 miles per hour.

      10.  Subject to the provisions of subsection 2, [of this section,] the following vehicles must not exceed a width of 120 inches:

      (a) Any trailer or semitrailer, including lift carriers and tip-bed trailers, used exclusively for the transportation of implements of husbandry by farmers or implement dealers.

      (b) Special mobile equipment.

      (c) Highway construction or maintenance equipment.

      This subsection does not apply to highways which are a part of the National System of Interstate and Defense Highways, as described in subsection (e) of section 103 of Title 23, U.S.C., if such an application would prevent this state from receiving any federal funds for highway purposes.

      11.  The department of [highways] transportation may, upon application in writing, if good cause appears, issue a special or multiple trip-limited time permit in writing authorizing the applicant to move a trailer coach or mobile home in excess of the maximum width, but not exceeding, except as further provided in this section, 120 inches exclusive of appendages which must not extend beyond 3 inches on either side. The department of [highways] transportation may establish seasonal or other time limitations within which the trailer coach or mobile home described may be moved on the highways indicated, and may require an undertaking or other security as may be deemed necessary to protect the highways and bridges from injury or to provide indemnity for any injury resulting from the operation. Permits for the movement of trailer coaches or mobile homes as provided for in this subsection may be issued only to licensed manufacturers, dealers, owners and transporters and may be issued only under the following conditions:

      (a) The power unit used to tow overwidth trailers or mobile homes having a gross weight of 18,000 pounds or less must be a three-quarter-ton truck or tractor, or a truck or tractor of greater power equipped with dual wheels.

      (b) The power unit used to tow an overwidth trailer coach or mobile home having a gross weight in excess of 18,000 pounds must be a one-and-one-half-ton, or larger, truck or tractor equipped with dual wheels.

      (c) The mobile home for which the permit is issued must comply with the provisions of NRS 484.745 relating to axle weight limitations.

      (d) The insurer must furnish evidence of insurance verifying coverage of the overwidth trailer coach or mobile home in the amounts of $100,000 because of bodily injury to or death of one person in any one accident, and subject to such a limit for one person, in the amount of $300,000 because of bodily injury to or death of two or more persons in any one accident and in the amount of $50,000 because of injury to or destruction of property of others in any one accident.


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

ê1979 Statutes of Nevada, Page 1812 (Chapter 683, AB 103)ê

 

      A permit which has been issued for the movement of a trailer coach or mobile home is not valid between sunset and sunrise of the following day, nor between sunset on Friday to sunrise on Monday following, nor on any days declared to be legal holidays. The [department of highways] director of the department of transportation may establish additional reasonable regulations, consistent with this section, as [it] he deems necessary in the interest of public safety.

      To the extent that the application of this subsection to highways which are a part of the National System of Interstate and Defense Highways, as described in subsection (e) of section 103 of Title 23, U.S.C., would cause this state to be deprived of any federal funds for highway purposes, this subsection to such extent does not apply to highways which are a part of that system.

      12.  The department of [highways] transportation may, upon application in writing, if good cause appears, issue a special or multiple trip-limited time permit in writing authorizing the applicant to move a trailer coach or mobile home in excess of 120 inches in width but not exceeding 168 inches in width, exclusive of appendages, which must not extend beyond 3 inches on either side. The movement of such trailer coach or mobile home is, in addition to the conditions and requirements of subsection 11, subject to the following requirements and conditions:

      (a) “Wide-load” signs and red flags must be on the front of the towing vehicle and on the rear of the trailer coach or mobile home.

      (b) The towing vehicle must be a one-and-one-half-ton or larger truck or tractor equipped with dual wheels.

      (c) The department of [highways] transportation shall not issue a permit unless the applicant presents evidence satisfactory to the department that he is financially responsible and that he has complied or is able to comply with the equipment requirements.

      (d) As an additional warning to approaching traffic, the towing vehicle must be operated with the headlights turned on low beam.

      (e) The driver of the towing vehicle shall do everything possible to prevent the congestion or slowing down of traffic in either direction due to the overwidth trailer and shall, if necessary to maintain the normal flow of traffic, drive the towing vehicle and trailer coach or mobile home off the pavement where safe to do so, in order that traffic may pass.

      (f) When two or more trailer coaches or mobile homes in excess of 120 inches in width are moved over the same highway in the same direction, the drivers of the towing vehicles shall maintain a distance of at least 1,000 feet between vehicles.

      (g) The department of [highways] transportation shall designate the highways over which trailers in excess of 120 inches in width may be moved, and may require a pilot car to precede or follow the load.

      (h) The department of [highways] transportation shall prescribe additional regulations relating to moving such trailer coaches or mobile homes, including the times and days when such moving is permitted, and additional safety precautions to be taken.

      13.  The department of [highways] transportation with respect to highways under its jurisdiction and governing bodies of cities and counties with respect to highways under their jurisdiction shall, upon application in writing, issue a permit to operate, for a single trip, a vehicle, or a vehicle with a load, having a width exceeding the legal maximum width but not exceeding 120 inches in width on a highway between sunrise and sunset on Saturdays, Sundays and holidays, unless the department or governing body determines that such an operation would be a safety hazard or would unduly impede the flow of traffic.


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

ê1979 Statutes of Nevada, Page 1813 (Chapter 683, AB 103)ê

 

vehicle with a load, having a width exceeding the legal maximum width but not exceeding 120 inches in width on a highway between sunrise and sunset on Saturdays, Sundays and holidays, unless the department or governing body determines that such an operation would be a safety hazard or would unduly impede the flow of traffic.

      Sec. 134.  NRS 484.765 is hereby amended to read as follows:

      484.765  1.  No vehicle operated or moved upon any public highway under the authority of a continuous or multiple trip-limited person [shall] may exceed a maximum weight of 20,000 pounds on any single axle. Before any continuous permit is issued, the applicant shall pay a reasonable fee to be determined by the department of [highways] transportation or the governing body of any city or county to pay the costs and expenses of conducting an initial investigation of the highway or highways involved.

      2.  If, after issuance of a continuous or multiple trip-limited time permit by the department of [highways] transportation or the governing body of any city or county, [such] the department or governing body finds that the traffic authorized by such continuous or multiple trip-limited time permit has caused substantial highway distress, [then] the permit may be revoked summarily, but [such revocation shall] the revocation does not operate to prevent a subsequent filing of a new application for another continuous or multiple trip-limited time permit.

      Sec. 135.  NRS 484.767 is hereby amended to read as follows:

      484.767  Every permit, when issued, [shall:] must:

      1.  Be carried in the vehicle, combination of vehicles or special mobile equipment to which it refers.

      2.  Be open to inspection of any peace officer or traffic officer, any authorized agent of the department of [highways,] transportation, or any other officer charged with the care or protection of [such] the highways.

      Sec. 136.  NRS 484.779 is hereby amended to read as follows:

      484.779  1.  Except as provided in subsection 3, a local authority may adopt, by ordinance, regulations with respect to highways under [their] its jurisdiction within the reasonable exercise of the police power:

      (a) Regulating or prohibiting processions or assemblages on the highways.

      (b) Designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction.

      (c) Designating any highway as a through highway, requiring that all vehicles stop before entering or crossing the [same,] highway, or designating any intersection as a stop or a yield intersection and requiring all vehicles to stop or yield at one or more entrances to [such intersections.] the intersection.

      (d) Designating truck routes.

      (e) Regulating the operation of bicycles and requiring the registration and licensing thereof.

      (f) Adopting such other traffic regulations as are specifically authorized by this chapter.

      2.  An ordinance relating to traffic control enacted under this section [shall not be] is not effective until official traffic-control devices giving notice of such local traffic regulations are posted upon or at the entrances to the highway or part thereof affected as may be most appropriate.


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

ê1979 Statutes of Nevada, Page 1814 (Chapter 683, AB 103)ê

 

notice of such local traffic regulations are posted upon or at the entrances to the highway or part thereof affected as may be most appropriate.

      3.  An ordinance enacted under this section [shall not be] is not effective with respect to highways constructed and maintained by the department of [highways] transportation under the authority granted by chapter 408 of NRS until [such] the ordinance has been approved by the board of directors of the department of [highways.] transportation.

      Sec. 137  NRS 484.781 is hereby amended to read as follows:

      484.781  1.  The department of [highways] transportation shall adopt a manual and specifications for a uniform system of official traffic-control devices consistent with the provisions of this chapter for use upon highways within this state. [Such] The uniform system [shall] must correlate with and so far as possible conform to the system then current and approved by the American Association of State Highway Officials and the National Joint Committee on Uniform Traffic Control Devices.

      2.  All devices used by local authorities or the department of [highways shall] transportation must conform with the manual and specifications adopted by the department. [of highways.]

      Sec. 138.  NRS 484.783 is hereby amended to read as follows:

      484.783  1.  Except as provided in subsection 2, local authorities shall place and maintain such official traffic-control devices upon highways under their jurisdiction as are determined necessary to indicate and to carry out the provisions of this chapter and to regulate, warn or guide traffic.

      2.  No traffic-control device [shall] may be placed by a local authority on a highway constructed and maintained by the department of [highways] transportation under the authority granted by chapter 408 of NRS without prior approval by the department.

      Sec. 139.  NRS 484.785 is hereby amended to read as follows:

      484.785  1.  The department of [highways] transportation and local authorities, with reference to highways under their respective jurisdictions, may designate through highways and erect official traffic-control devices in the form of stop signs or yield signs at specified entrances thereto, or may designate any intersection as a stop intersection or as a yield intersection and erect stop signs or yield signs at one or more entrances to such [intersections.] an intersection.

      2.  Every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, shall stop at a clearly marked stop line, or if none, then at the point nearest the intersecting highway where the driver has a view of approaching traffic on the intersecting highway before entering the intersection.

      3.  The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the nearest side of the intersection or, if there is no crosswalk, at a clearly marked stop line, or if none, then at the point nearest the intersecting highway where the driver has a view of approaching traffic on the intersection highway.

      Sec. 140.  NRS 484.787 is hereby amended to read as follows:

      484.787  1.  Except as provided in NRS 484.789, authorized emergency vehicles are vehicles publicly owned and operated in the performance of the duty of:


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ê1979 Statutes of Nevada, Page 1815 (Chapter 683, AB 103)ê

 

      (a) A police or fire department.

      (b) A sheriff’s office.

      (c) The Nevada highway patrol.

      (d) A public ambulance agency.

      (e) A public lifeguard or lifesaving agency.

      2.  A vehicle publicly maintained in whole or in part by the state, or by a city or county, and privately owned and operated by a regularly salaried member of a police department, sheriff’s office or traffic law enforcement department, is an authorized emergency vehicle under the following conditions:

      (a) When such vehicle has such a permit from the department of motor vehicles;

      (b) Where such person operates such privately owned vehicle in responding to emergency calls or fire alarms or highway patrol duty or operates such vehicle in the pursuit of actual or suspected violators of the law; and

      (c) When the state, county or city does not furnish to such officer a publicly owned vehicle for the purposes stated in paragraph (b).

      3.  Every authorized emergency vehicle shall be equipped with at least one flashing red warning lamp visible from the front and a siren for use as provided in this chapter, which lamp and siren shall be in compliance with standards approved by the department of motor vehicles. In addition, an authorized emergency vehicle may display revolving, flashing or steady red or blue warning lights to the front, sides or rear of the vehicle.

      4.  No person may operate a vehicle with any lamp or device thereon displaying a red light visible from directly in front of the center thereof, except an authorized emergency vehicle, a school bus or an official vehicle of a regulatory agency.

      5.  No person may operate a vehicle with any lamp or device displaying a blue light, except an authorized emergency vehicle.

      6.  As used in this section, “regulatory agency” means any of the agencies granted police or enforcement powers under the provisions of NRS 407.065, 481.048, 481.049, 501.349, 565.155, [706.181 and] 706.8821 [.] and section 143 of this act.

      Sec. 141.  NRS 485.290 is hereby amended to read as follows:

      485.290  1.  In cases where a return to a depositor or his personal representative is authorized and warranted under NRS 485.280 but the address or present whereabouts of [such] the depositor is unknown and cannot be readily ascertained by the division, the security deposited may, 90 days after its return would be authorized by NRS 485.280, be transferred from the custody of the state treasurer to the state highway fund

      2.  The request made by the division [shall] must state the names of the parties, the dates and a concise statement of the facts involved and [shall] must be forwarded in duplicate to the state controller and the state treasurer.

for the general use of the department of [highways] transportation upon the written and certified request of the division.

      3.  The state controller and the state treasurer are directed to transfer the amounts of security deposits from the custody of the state treasurer to the state highway fund in order to effectuate the purposes of this section upon being satisfied that the provisions of this chapter have been complied with.


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

ê1979 Statutes of Nevada, Page 1816 (Chapter 683, AB 103)ê

 

section upon being satisfied that the provisions of this chapter have been complied with.

      4.  If the depositor of the security or his rightful heirs or legatees, within 5 years after the transfer of the deposit to the state highway fund, present a verified claim to the division and make proof of the validity of such claim, the division, if it is satisfied as to the validity of the claim, may determine the amount thereby found to be due and certify it to the state controller who shall draw his warrant therefor on the state treasurer, who shall pay the [same] the warrant out of the state highway fund.

      5.  If the division denies the validity of the claim, the claimant, upon notice to the attorney general, has a right to appeal to the First Judicial District Court of the State of Nevada, in and for Carson City, and present his proof of the validity of the claim. If, after hearing, the court is satisfied the claimant is rightfully entitled to the deposit, the court shall enter a decree that the money be paid to him. The decree [shall] must be certified to the state board of examiners, stating the amount thereby found to be due, and the state board of examiners shall allow the [same] amount and certify it to the state controller who shall draw his warrant therefor on the state treasurer, who shall pay the [same] warrant out of the state highway fund.

      6.  The amounts in the custody of the state treasurer on March 19, 1955, falling under the provisions of this section, may be transferred to the state highway fund, after the expiration of 90 days from March 19, 1955, in accordance with the provisions of this section.

      Sec. 142.  (Deleted by amendment.)

      Sec. 143.  Chapter 703 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The commission and its inspectors have police power for the enforcement of all regulations of the commission or the department pertaining to chapters 704, 705 and 706 of NRS.

      2.  The commission and its inspectors are peace officers for the enforcement of chapters 482, 704, 705 and 706 of NRS.

      3.  Inspectors may carry firearms in the performance of their duties.

      Sec. 144.  NRS 704.300 is hereby amended to read as follows:

      704.300  1.  After an investigation and hearing, which has been initiated either upon the commission’s own motion, or as the result of the filing of a formal application or complaint by the department of [highways or] transportation, the board of county commissioners of any county, [or] the town board or council of any town or municipality, or [by] any railroad company, the commission [shall have the power to] may determine, and order for the safety of the traveling public:

      (a) The elimination, alteration, addition or change of a highway crossing or crossings over any railroad at grade, or above or below grade, including its approaches and surface.

      (b) Changes in the method of crossing at grade, or above or below grade.

      (c) The closing of a crossing and the substitution of another therefor.

      (d) The removal of obstructions to the public view in approaching [such crossing or crossings.] any crossing.


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ê1979 Statutes of Nevada, Page 1817 (Chapter 683, AB 103)ê

 

      (e) Such other details of use, construction and operation as may be necessary to make grade-crossing elimination, changes and betterments for the protection of the public and the prevention of accidents effective.

      2.  [In this behalf, the] The commission shall order that the cost of [such] any elimination, removal, addition, change, alteration or betterment [as may be ordered shall] so ordered must be divided and paid in such proportion by the state, county, town or municipality and the railroad or railroads interested as is provided according to the circumstances occasioning the cost, in NRS 704.305.

      3.  All costs incurred by reason of any hearing held under this section before the commission, including but not limited to publication of notices, reporting, transcripts and rental of hearing room, [shall] must be apportioned 50 percent to the governmental unit or units affected and 50 percent to the railroad or railroads.

      Sec. 145.  (Deleted by amendment.)

      Sec. 146.  NRS 706.531 is hereby amended to read as follows:

      706.531  1.  After the department of [highways] transportation has approved an application for a permit under the provisions of subsection 4 of NRS 484.739, and prior to issuance, the department shall issue special identifying devices for vehicle combinations to be operated under [such special] the permit, which [shall] must be carried and displayed on any vehicle combination operating under [such] the permit in such manner as the department determines. The devices issued may be transferred from one vehicle combination to another, under such conditions as the department may [, by rule and] by regulation prescribe, but [shall] must not be transferred from one person or operator to another without prior approval of the department of [highways.] transportation. Such devices [shall] may be used only on motor vehicles regularly licensed under the provisions of NRS 706.506 or 706.516.

      2.  The annual fee for each vehicle combination identifying device or devices [shall be] is $20 for each 1,000 pounds or fraction thereof of gross vehicle combination weight in excess of 77,000 pounds, which fee [shall] must be reduced one-twelfth for each month that has elapsed since the beginning of each calendar year, rounded to the nearest dollar, [and in no event to] but must not be less than $50. [Such fee shall] The fee must be paid in addition to all other fees required under the provisions of this chapter.

      3.  Any person operating a vehicle combination licensed pursuant to the provisions of subsection 2, who is apprehended operating a vehicle combination in excess of the gross vehicle load for which the fee in subsection 2 has been paid is, in addition to all other penalties provided by law, liable for the difference between the fee for the load being carried and the fee paid, for the full licensing period.

      4.  Any person apprehended operating a vehicle combination without having complied with the provisions of NRS 484.739 and this section is, in addition to all other penalties provided by law, liable for the payment of the fee which would be due under the provisions of subsection 2 for the balance of the calendar year for the gross load being carried at the time of apprehension.

      Sec. 147.  1.  NRS 408.025, 408.030, 408.055, 408.085, 408.177, 410.053, 410.233, 410.235, 410.240, 410.243, 410.260, 410.280 and 484.047 are hereby repealed.


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

ê1979 Statutes of Nevada, Page 1818 (Chapter 683, AB 103)ê

 

410.053, 410.233, 410.235, 410.240, 410.243, 410.260, 410.280 and 484.047 are hereby repealed.

      2.  Chapter 261, Statutes of Nevada 1979, is hereby repealed.

      Sec. 148.  The legislative counsel shall, in preparing the supplement to Nevada Revised Statutes with respect to any section which is not amended by this act or is further amended or added by another act:

      1.  If reference is made to the former department of highways, substitute an appropriate reference to the department of transportation.

      2.  If reference is made to the state highway engineer, substitute an appropriate reference to the director of the department of transportation.

      3.  If an internal reference is made to a section repealed by this act, delete the reference or correct it by reference to the superseding section, if any.

      Sec. 149.  1.  Sections 25, 28, 81, 82, 86, 94, 106, 113, 114, 128 and 133 of this act shall become effective at 12:01 a.m. on July 1, 1979.

      2.  Sections 91 and 92 of this act shall become effective at 12:02 a.m. on July 1, 1979.

      3.  This section and subsection 2 of section 147 of this act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 684, AB 108

Assembly Bill No. 108–Assemblymen Sena, Horn, Mann, Hayes, Stewart, Malone, Fielding, Banner, Brady, Wagner, Rhoads, Westall, Dini, FitzPatrick, Barengo, Tanner, Bennett, Mello, Craddock, Vergiels, Hickey and Bergevin

CHAPTER 684

AN ACT relating to motor vehicle insurance; requiring a statement from the insurer that mandatory insurance is in effect; providing 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 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] 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] the vehicle.


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

ê1979 Statutes of Nevada, Page 1819 (Chapter 684, AB 108)ê

 

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] the vehicle.

      (e) A signed declaration by the applicant that he has and will maintain security as required by [chapter 698 of NRS] section 4 of this act covering the motor vehicle to be registered.

      (f) If security is provided by a contract of insurance, the insurer shall provide evidence of that insurance on a form approved by the commissioner of insurance, which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of section 4 of this act. The department may file that evidence, return it to the applicant or otherwise dispose of it.

      (g) 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)] paragraphs (e) and (f) of subsection 3 [, vehicles] :

      (a) 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] owner thereof, on the original or renewal applications for proportional registration. The owner may file a single certificate of insurance covering that fleet.

      (b) Other fleets composed of ten or more vehicles based in this state or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared as a fleet by the registered owner thereof annually for the purposes of original or renewal application for registration. The owner may file a single certificate of insurance covering that fleet.

      (c) A person who has qualified as a self-insurer pursuant to NRS 485.380 may file a copy of his certificate of self-insurance.

      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] The forms 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] before 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] must include:


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

ê1979 Statutes of Nevada, Page 1820 (Chapter 684, AB 108)ê

 

      (a) A signed declaration by the applicant that he has and will maintain security as required by [chapter 698 of NRS] section 4 of this act covering the motor vehicle to be registered.

      (b) If security is provided by a contract of insurance, the insurer shall provide evidence of that insurance on a form approved by the commissioner of insurance, which identifies the vehicle and indicates, at the time of application for registration, coverage which meets the requirements of section 4 of this act. The department may file that evidence, return it to the applicant or otherwise dispose of it.

      (c) 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] that 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] the 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.

      Sec. 3.  NRS 484.263 is hereby amended to read as follows:

      484.263  1.  [It is unlawful for any person to operate] A person shall not:

      (a) Operate a motor vehicle registered or required to be registered in this state without having security covering the vehicle as required by [chapter 698 of NRS.] section 4 of this act.

      (b) Operate or knowingly permit the operation of a motor vehicle without having evidence of current insurance in the vehicle.

      (c) Fail or refuse to surrender, upon demand, to a peace officer or to an authorized representative of the department proof of security.

      2.  Except as provided in subsection 3, any person who violates subsection 1 shall be fined not less than $100 nor more than $500.

      3.  A person may not be fined if he presents evidence to the court that the security required by section 4 of this act was in effect at the time demand was made for it.

      4.  Failure to deposit security if so required by the provisions of NRS 485.190 is prima facie evidence of violation of the provisions of this section.

      Sec. 4.  Chapter 690B of NRS is amended by adding thereto a new section which shall read as follows:

      1.  Every owner of a motor vehicle registered or required to be registered in this state shall continuously provide with respect to the motor vehicle while it is either present or registered in this state, by a contract of insurance or by qualifying as a self-insurer, security in the amounts set forth in NRS 485.105 as proof of financial responsibility for payment of tort liabilities, arising from maintenance or use of the motor vehicle.


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

ê1979 Statutes of Nevada, Page 1821 (Chapter 684, AB 108)ê

 

of insurance or by qualifying as a self-insurer, security in the amounts set forth in NRS 485.105 as proof of financial responsibility for payment of tort liabilities, arising from maintenance or use of the motor vehicle.

      2.  Security may be provided by a contract of insurance or by qualifying as a self-insurer in compliance with chapter 485 of NRS.

      Sec. 5.  This act shall become effective on January 1, 1980.

 

________

 

 

CHAPTER 685, AB 334

Assembly Bill No. 334–Committee on Judiciary

CHAPTER 685

AN ACT relating to divorce; extending the jurisdiction of district courts in divorce cases to the adjudication of rights in property held in joint tenancy; eliminating distinctions based upon sex for eligibility for alimony and support; 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 125.150 is hereby amended to read as follows:

      125.150  1.  In granting a divorce, the court [may] :

      (a) May award such alimony to the wife [,] or to the husband, [if he is disabled or unable to provide for himself,] in a specified principal sum or as specified periodic payments [, and shall] ; and

      (b) Shall make such disposition of [the] :

             (1) The community property of the parties [,] ; and

             (2) Any property placed in joint tenancy by the parties on or after July 1, 1979,

as appears just and equitable, having regard to the respective merits of the parties and to the condition in which they will be left by [such] the divorce, and to the party through whom the property was acquired, and to the burdens, if any, imposed upon it, for the benefit of the children.

      2.  In any proceeding to terminate a marriage, the court may partition property held by the parties in joint tenancy upon:

      (a) Request of either party to the proceeding; or

      (b) Its own motion.

      3.  Whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorney’s fee to either party to an action for divorce if [attorneys’] those fees are in issue under the pleadings.

      [3.  The]4.  In granting a divorce, the court may also set apart such portion of the husband’s property for the wife’s support, [or] the wife’s property for the husband’s support [if he is disabled or unable to provide for himself,] or the property of either spouse for the support of their children as [shall be] is deemed just and equitable.

      [4.]5.  In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all [such] the payments required by the decree [shall] must cease, unless it was otherwise ordered by the court.


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ê1979 Statutes of Nevada, Page 1822 (Chapter 685, AB 334)ê

 

be made, all [such] the payments required by the decree [shall] must cease, unless it was otherwise ordered by the court.

      [5.]6.  If the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify [the same, such] them, the adjudication of property rights, and [such] the agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation [duly] signed and acknowledged by the parties to [such] the action, and in accordance with the terms thereof.

      [6.]7.  If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, [such] the decree or agreement is not subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for [such] the modification.

 

________

 

 

CHAPTER 686, AB 420

Assembly Bill No. 420–Committee on Commerce

CHAPTER 686

AN ACT relating to cosmetology; making various changes to the powers and duties of the state board of cosmetology; changing certain fees and educational requirements; providing for a staggered renewal of certain licenses; 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 644.020 is hereby amended to read as follows:

      644.020  As used in this chapter:

      1.  “Board” means the state board of cosmetology.

      2.  “Cosmetological establishment” means any premises, building or part of a building where cosmetology is practiced [.] , other than a licensed barbershop in which one or more licensed manicurists practice.

      3.  “Cosmetology” includes any branch or any combination of branches of the occupation of a hairdresser and cosmetician, and any branch or any combination of branches of the occupation of a cosmetician, or cosmetologist, or beauty culturist, and is defined as the following practices:

      (a) Arranging, dressing, curling, waving, cleansing, singeing, bleaching, tinting, coloring or straightening the hair of any person with the hands, mechanical or electrical apparatus or appliances, or by any means; or similar work incident to or necessary for the proper carrying on of the practice or occupation provided by the terms of this chapter.


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ê1979 Statutes of Nevada, Page 1823 (Chapter 686, AB 420)ê

 

      (b) Cutting, trimming or shaping the hair. [of women and children.]

      (c) Massaging, cleansing or stimulating the scalp, face, neck, arms, bust or upper part of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.

      (d) Cleansing or beautifying the hair by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.

      (e) Beautifying the face, neck, arms, bust or upper part of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions or creams.

      (f) Removing superfluous hair from the body of any person by the use of electrolysis to remove the hair from the surface of the body where the growth is a blemish, or by the use of depilatories, or by the use of tweezers.

      (g) Manicuring the nails of any person.

      4.  “Demonstrator” means any person who, for the purpose of advertising, promoting or selling any drug, lotion, compound, preparation or substance, performs or carries on any of the practices enumerated or defined in this section, in order to advertise, promote or sell the drug, lotion, compound, preparation or substance.

      5.  “Electrologist” means any person who engages in the occupation of removing [superfluous] excess or unwanted hair from the body of any person by the use of [an electric needle only.] electric devices approved by the board, including those operated by battery, electronic cells or electric current.

      6.  “Hairdresser and cosmetician” means any person who engages in the practice of cosmetology, except the branches of electrolysis and manicuring.

      7.  “Junior operator” means any person who is engaged in learning or acquiring a knowledge of the occupations of a hairdresser and cosmetician in a hairdressing or cosmetological establishment.

      8.  “Manicurist” means any person who, for compensation [,] or by demonstration, engages [only in the occupation of manicuring the nails of any person.] in the practices of:

      (a) Care of another’s fingernails or toenails.

      (b) Beautification of another’s nails.

      (c) Extension of another’s nails.

      Sec. 2.  NRS 644.110 is hereby amended to read as follows:

      644.110  The board shall adopt reasonable [rules:] regulations:

      1.  For carrying out the provisions of this chapter.

      2.  For conducting examinations of applicants for registration.

      3.  For governing the recognition of, and the credits to be given to, the study of cosmetology, or any branch thereof, under a hairdresser and cosmetician, or in a school of cosmetology licensed under the laws of another state or territory of the United States or the District of Columbia.

      4.  For governing the conduct of schools of cosmetology. The [rules shall] regulations must include but need not be limited [to:] to, provisions:

      (a) [Rules prohibiting] Prohibiting schools from requiring that students purchase beauty supplies for use in the course of study;

      (b) [Rules prohibiting] Prohibiting schools from deducting earned hours of school credit or any other compensation earned by a student as a punishment for misbehavior of [a] the student; and

 


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ê1979 Statutes of Nevada, Page 1824 (Chapter 686, AB 420)ê

 

hours of school credit or any other compensation earned by a student as a punishment for misbehavior of [a] the student; and

      (c) [Rules providing] Providing for lunch and coffee recesses for students during school hours.

      Sec. 3.  NRS 644.200 is hereby amended to read as follows:

      644.200  The board shall admit to examination for a certificate of registration as a registered hairdresser and cosmetician, at any meeting of the board [duly] held for the purpose of conducting examinations, any person who has made application to the board in proper form and paid the fee required by this chapter, and who:

      1.  Is not less than 18 years of age.

      2.  Is of good moral character and temperate habits.

      3.  Is a resident of Nevada.

      4.  Has successfully completed the 10th grade in school or its equivalent. Testing for equivalency must be pursuant to applicable state or federal requirements.

      5.  Has had any one of the following:

      (a) Training of at least 1,800 hours, extending over a school term of 10 months, in a school of cosmetology approved by the board.

      (b) Practice of the occupation of a cosmetologist for a period of 4 years outside [the State of Nevada.] this state.

      (c) Service for at least 2 years as a junior operator in a licensed cosmetological establishment in which all of the occupations of a cosmetologist are practiced.

      Sec. 4.  NRS 644.203 is hereby amended to read as follows:

      644.203  The board shall admit to examination for a certificate of registration as an electrologist any person who has made application to the board in proper form and paid the fee required by this chapter, and who:

      1.  Is not less than 18 years of age.

      2.  Is of good moral character and temperate habits.

      3.  Is a resident of Nevada.

      4.  Has successfully completed the 12th grade in school or its equivalent.

      5.  Has or has completed any one of the following:

      (a) A minimum training of 1,000 hours under the immediate supervision of an approved electrologist in an approved school in which the practice is taught.

      (b) Study of the practice for at least 1,000 hours extending over a period of 5 consecutive months, under an electrologist licensed under this chapter, or a hairdresser and cosmetician so licensed.

      (c) A valid [electrology] electrologist’s license issued by a state whose licensing requirements are equal to or greater than those of [the State of Nevada.] this state.

      (d) Either training or practice, or a combination of training and practice, in [electrology outside the State of Nevada for such period as may be specified by rules] electrolysis outside this state for a period specified by regulations of the board.

      Sec. 5.  NRS 644.220 is hereby amended to read as follows:

      644.220  1.  The amounts of the examination fees and reexamination fees required by this chapter are those fixed by the following schedule:


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ê1979 Statutes of Nevada, Page 1825 (Chapter 686, AB 420)ê

 

      (a) The fee for examination as a hairdresser and cosmetician is [$15.] $20. The fee for each reexamination [(other than a second examination, for which no fee shall be charged) is $5.] is $7.50.

      (b) The fee for examination as an electrologist is [$15.] $20. The fee for each reexamination [(other than a second examination, for which no fee shall be charged)] is $7.50.

      (c) The fee for examination as a manicurist is [$10.] $15. The fee for each reexamination [(other than a second examination, for which no fee shall be charged) is $2.50.] is $7.50.

      2.  Each applicant referred to in subsection 1 shall, in addition to the fees specified therein, pay [to the board] the reasonable value of all supplies necessary to be used in the examination or examinations.

      Sec. 6.  NRS 644.310 is hereby amended to read as follows:

      644.310  Upon application to the board, [in due form, as provided in NRS 644.210,] accompanied by a fee of [$40,] $50, a person registered as a hairdresser and cosmetician or in any branch of cosmetology under the laws of another state or territory of the United States or the District of Columbia may, without examination (unless the board, in its discretion, sees fit to require examination), be granted a certificate of registration and license to practice the occupation or occupations in which the applicant was previously registered, upon the following conditions:

      1.  That he is not less than 18 years of age.

      2.  That he is a resident of the state.

      3.  That he is of good moral character and temperate habits.

      4.  That the requirements for registration or licensing of hairdressers and cosmeticians, and those engaged in the practice of any branch of cosmetology, in the particular state, territory or in the District of Columbia were, at the date of the previous registration or licensing, substantially equal to the requirements therefor then in force in this state.

      [5.  That the licensing authority in such other state, territory or in the District of Columbia issues, or would issue, licenses to persons registered in this state, under equivalent conditions.]

      Sec. 7.  NRS 644.320 is hereby amended to read as follows:

      644.320  1.  [Every licensed] The license of every hairdresser and cosmetician, [every licensed] electrologist, and [every licensed manicurist, who continues in actual practice, shall, annually on July 1, have his license renewed by the board, upon payment of the required renewal fee.] manicurist expires on the second July 1 following its issuance or renewal.

      2.  Applications for renewal of licenses may be made to the board at any time during the month of June [.] of the year in which the license expires. For each month or fraction thereof after [July 1 of each year in which a license remains unpaid, there shall] the time for renewal, there must be assessed and collected, at the time of [payment] renewal of the license, a delinquency penalty of $3 for each month or fraction thereof.

      3.  The [annual] renewal fee for each license [shall be $10. Every license which has not been renewed on July 1 in each year shall expire on July 1.] is $25, except that if the license will be valid for fewer than 21 months, the fee is $12.50.


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ê1979 Statutes of Nevada, Page 1826 (Chapter 686, AB 420)ê

 

      Sec. 8.  NRS 644.340 is hereby amended to read as follows:

      644.340  1.  Any person, firm or corporation desiring to operate a cosmetological establishment in which any one or a combination of the occupations of a [hairdresser and cosmetician] cosmetologist are practiced shall apply to the board for a certificate of registration and license, through the owner, manager or person in charge, in writing, upon [blanks] forms prepared and furnished by the board. Each application [shall] must contain proof of the particular requisites for registration provided for in this chapter, and [shall] must be verified by the oath of the maker.

      2.  Upon receipt by the board of the application accompanied by the annual registration fee, the board shall issue to the [person, firm or corporation so applying] applicant the required certificate of registration and license.

      3.  The annual registration fee for a cosmetological establishment is $18.

      Sec. 9.  NRS 644.400 is hereby amended to read as follows:

      644.400  1.  A school of cosmetology [shall,] must at all times [,] be in charge of and under the immediate supervision of a licensed instructor who has had practical experience of at least 1 year in the practice of a majority of the branches of cosmetology in an established place of business.

      2.  A school of cosmetology shall: [fulfill the following requirements:]

      (a) [It shall maintain] Maintain a school term of not less than 1,800 hours extending over a period of not less than 10 months nor more than 24 months, and [shall] maintain a course of practical training and technical instruction equal to the requirements for examination for a certificate of registration as a hairdresser and cosmetician. [as set forth in NRS 644.240.]

      (b) [It shall possess] Maintain apparatus and equipment sufficient for the ready and full teaching of all the subjects of its curriculum.

      (c) [It shall attach to its staff of instructors a regularly licensed physician, and shall maintain registered hairdressers and cosmeticians and other instructors competent to impart instruction in all subjects of its curriculum.

      (d) It shall keep] Keep a daily record of the attendance of each student, and a record devoted to the different practices, and shall establish grades and hold examinations before issuing diplomas.

      [(e) It shall include](d) Include in its curriculum a course of shop deportment consisting of instruction in courtesy, neatness and professional attitude in meeting the public.

      [(f) It shall so arrange](e) Arrange the courses devoted to each branch or practice of cosmetology as the board may from time to time adopt as the course to be followed by the schools.

      [(g) It shall not](f) Not allow any student to perform services on the public for more than 7 hours in any day nor for more than 5 days out of every 7.

      [(h) It shall conduct](g) Conduct at least 1 hour of theory instruction each day, which [shall] must be attended by all registered students. Any student who does not attend such theory instruction on a particular day shall not be allowed to perform services on patrons on that day.


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ê1979 Statutes of Nevada, Page 1827 (Chapter 686, AB 420)ê

 

      [(i) All](h) Require that all student work [shall] be done on a rotation basis.

      3.  Every cosmetological establishment [exacting] which exacts a fee for the teaching of any branch of cosmetology [(the] , except the teaching of junior operators in any branch [or branches] of cosmetology, [being excepted) shall be classed as] is a school of cosmetology within the meaning of this section, and shall [be required to] comply with all of its provisions, as well as [such] regulations [as shall from time to time be prescribed] adopted by the board.

      4.  Each school of cosmetology shall maintain a staff of at least two licensed instructors [. There shall be] and one additional instructor for each 25 enrolled students, or major portion thereof, over 50 [.] students.

      5.  Each instructor shall:

      (a) Be a licensed hairdresser and cosmetician.

      (b) Pay a biennial license fee of [$18 a year.] $10.

      (c) Have successfully completed the 12th grade in school or its equivalent.

      (d) Have 1 year’s experience as a hairdresser and cosmetician.

      (e) Have completed 1,000 hours of teacher training in a school of cosmetology.

      (f) [Be required each 2 years to take a course of at least 30 hours’ duration] Take one or more courses in advanced teacher-training techniques [.] , approved by the board, whose combined duration is at least 30 hours during each 2-year period.

      Sec. 10.  NRS 644.420 is hereby amended to read as follows:

      644.420  Before engaging in the business of demonstrator in this state, [every] a person must apply for and receive a license from the board. The fee for the initial license is [$15,] $20, and the annual renewal fee is [$5.] $7.50.

      Sec. 11.  NRS 644.425 is hereby amended to read as follows:

      644.425  1.  The board may grant a permit authorizing a person to conduct demonstrations and exhibitions, temporarily and primarily for educational purposes, of hair-styling, makeup and hair-dyeing techniques for the benefit and instruction of hairdressers, cosmeticians, electrologists and manicurists licensed under this chapter, junior operators and students enrolled in licensed schools of cosmetology.

      2.  The permit [shall] must specify the purpose for which it is granted, the period during which the person is permitted to conduct such demonstrations and exhibitions, which period [shall] may not exceed 10 days, and the time and place of exercising the privilege granted by the permit.

      3.  A person may be granted a permit under this section only if he:

      (a) Makes application to the board for the permit.

      (b) Demonstrates to the satisfaction of the board that the permit is sought primarily for educational purposes.

      [(c) Pays a permit fee of $2.]

      4.  The provisions of this section [shall not be construed as applying] do not apply to demonstrators [as defined in NRS 644.020.] licensed under this chapter.

      5.  It is unlawful:


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ê1979 Statutes of Nevada, Page 1828 (Chapter 686, AB 420)ê

 

      (a) For any person to conduct a demonstration or exhibition without a permit.

      (b) For any person who is granted a permit to allow persons other than hairdressers, cosmeticians, electrologists and manicurists licensed under this chapter, junior operators and students enrolled in licensed schools of cosmetology to attend any demonstration or exhibition made or given by him.

      Sec. 12.  NRS 644.430 is hereby amended to read as follows:

      644.430  The board shall not issue, or having issued shall not renew, or may revoke or suspend at any time, any license as required by the provisions of NRS 644.190 in any one of the following cases:

      1.  Failure of a person, firm or corporation operating a cosmetological establishment to comply with the requirements of this chapter.

      2.  Failure to comply with the rules adopted by the board and approved by the state board of health for the regulation of cosmetological establishments, schools of cosmetology or the practice of the occupations of a hairdresser and cosmetician.

      3.  Obtaining practice in cosmetology or any branch thereof, or money or any thing of value, by fraudulent misrepresentation.

      4.  Gross malpractice.

      5.  Continued practice by a person knowingly having an infectious or contagious disease.

      6.  [Habitual drunkenness or habitual] Drunkenness or addiction to the use of a controlled substance as defined by chapter 453 of NRS.

      7.  Advertisement by means of knowingly false or deceptive statements.

      8.  Permitting a certificate of registration or license to be used where the holder thereof is not personally, actively and continuously engaged in business.

      9.  Failure to display the license as provided in NRS 644.290, 644.360 and 644.410.

      10.  Entering, by a school of cosmetology, into an unconscionable contract with a student of cosmetology.

      11.  For any other unfair or unjust practice, method or dealing which, in the judgment of the board, may justify such action.

      Sec. 13.  All licenses issued under NRS 644.190 to 644.335, inclusive, before July 1, 1979, expire on that date. All licenses renewed by the board after July 1, 1979, expire July 1, 1981, and every 2 years thereafter.

 

________

 

 


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ê1979 Statutes of Nevada, Page 1829ê

 

CHAPTER 687, AB 519

Assembly Bill No. 519–Committee on Education

CHAPTER 687

AN ACT relating to certain personnel of the public school system; revising the procedure for their demotion, suspension, dismissal and a refusal to reemploy them; 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 391.311 is hereby amended to read as follows:

      391.311  [The following terms, whenever used or referred to in NRS 391.312 to 391.3196, inclusive, and section 14 of this act, have the following meaning] As used in NRS 391.3115 to 391.3197, inclusive, and section 14 of Senate Bill No. 143 of the 60th session of the Nevada legislature, unless a different meaning clearly appears in the context:

      1.  “Administrator” means any [certificated employee the majority of whose working time is devoted to service as a superintendent, supervisor, principal or vice principal in a school district.] employee who holds a certificate as an administrator and who is employed in that capacity by a school district.

      2.  “Board” means the board of trustees of the school district in which a teacher affected by NRS 391.311 to [391.3196,] 391.3197, inclusive, and section 14 of [this act,] Senate Bill No. 143 of the 60th session of the Nevada legislature, is employed.

      3.  “Demotion” means demotion of an administrator [.] to a position of lesser rank, responsibility or pay and does not include transfer or reassignment for purposes of an administrative reorganization.

      4.  [“Postprobationary teacher” means a teacher who has completed 3 consecutive probationary teacher contracts in a Nevada school district and is employed for a 4th consecutive year.

      5.  “Probationary teacher” means a teacher in the first 3 consecutive contract years of employment in a school district, including any authorized leave of absence during that period.

      6.] “Immorality” means an act forbidden by NRS 200.366, 200.368, 200.400, 200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265 or 207.260.

      5.  “Postprobationary employee” means a person who has:

      (a) Taught for one probationary contract in a Nevada school district and is employed as a teacher for a second or subsequent year; or

      (b) Worked as an administrator for one probationary contract in a Nevada school district and is employed as an administrator for a second or subsequent year.

      6.  “Probationary employee” means a person who is in the first contract year or a second trial year of employment as a teacher or administrator.

      7.  “Superintendent” means the superintendent of a school district or [the person acting as such.] a person designated by the school board or superintendent to act as superintendent during the absence of the superintendent.


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ê1979 Statutes of Nevada, Page 1830 (Chapter 687, AB 519)ê

 

      [7.]8.  “Teacher” means a certificated employee the majority of whose working time is devoted to the rendering of direct educational service to students of a school district.

      Sec. 2.  NRS 391.3115 is hereby amended to read as follows:

      391.3115  The demotion, dismissal and nonreemployment provisions of NRS 391.311 to 391.3197, inclusive, do not apply to:

      1.  Substitute teachers;

      2.  Adult education teachers;

      3.  Certificated employees who are employed in positions fully funded by a federal or private categorical grant. Any such employee [shall] may be employed only for the duration of the grant, but during such period of employment, the employee [shall] is entitled to receive credit toward his postprobationary status and [shall] must not be dismissed, suspended or demoted except as otherwise provided in NRS 391.311 to 391.3197, inclusive.

      4.  Certificated employees who are employed on temporary contracts in place of certificated employees on authorized leaves of absence [; but during such] or who are employed on temporary contracts for 90 school days or less to replace certificated employees whose employment has terminated after the beginning of the school year. During the period of employment, the temporary employee [shall] is entitled to receive credit toward his postprobationary status and [shall] must not be dismissed, suspended or demoted except as otherwise provided in NRS 391.311 to 391.3197, inclusive.

      Sec. 3.  NRS 391.3116 is hereby amended to read as follows:

      391.3116  The provisions of NRS 391.311 to 391.3197, inclusive, do not apply to a teacher or an administrator who has entered into a contract with the board [as a result of the Local Government Employee-Management Relations Act, if such contract provides] negotiated pursuant to chapter 288 of NRS if the contract contains separate provisions relating to the board’s right to dismiss or refuse to reemploy [such teacher.] the teacher or demote, dismiss or refuse to reemploy an administrator.

      Sec. 3.5.  NRS 391.3125 is hereby amended to read as follows:

      391.3125  1.  It is the intent of the legislature that a uniform system be developed for objective evaluation of teacher personnel in each school district.

      2.  Each board of school trustees, following consultation and involvement of elected representatives of teacher personnel or their designees, shall develop an objective evaluation policy which may include self, student, administrative or peer evaluation or any combination thereof. In like manner, counselors, librarians and other certificated school support personnel shall be evaluated on forms developed specifically for their respective specialties. A copy of the evaluation policy adopted by the board of trustees shall be filed with the state board of education.

      3.  [Each probationary teacher shall be evaluated in writing at least twice each year. The first evaluation shall take place no later than 60 school days after the teacher enters service under the contract and the second shall take place no later than March 1.] The probationary period must include a conference and a written evaluation for the probationary employee no later than:

 


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ê1979 Statutes of Nevada, Page 1831 (Chapter 687, AB 519)ê

 

must include a conference and a written evaluation for the probationary employee no later than:

      (a) November 1;

      (b) January 1;

      (c) March 1; and

      (d) May 1,

of the school year.

      4.  Each postprobationary teacher shall be evaluated at least once each year.

      5.  The evaluation of a probationary teacher or a postprobationary teacher shall, if necessary, include recommendations for improvements in teaching performance. A reasonable effort shall be made to assist the teacher to correct deficiencies noted in the evaluation. The teacher shall receive a copy of each evaluation not later than 15 days after the evaluation. A copy of the evaluation and the teacher’s response shall become a permanent attachment to the teacher’s personnel file.

      Sec. 4.  NRS 391.3127 is hereby amended to read as follows:

      391.3127  1.  Each board of school trustees, following consultation and involvement of elected representatives of administrative personnel or their designated representatives, shall develop an objective evaluation policy which may include self, student, administrative or peer evaluation or any combination thereof. A copy of the evaluation policy adopted by the board of trustees [shall] must be filed with the state board of education.

      2.  Each administrator [shall] must be evaluated in writing at least once a year.

      3.  Before a superintendent transfers or assigns an administrator to another administrative position as part of an administrative reorganization, if the transfer or reassignment is to a position of lower rank, responsibility or pay, he shall give written notice of the proposed transfer or assignment to the administrator at least 30 days before the date on which it is to be effective. The administrator may appeal the decision of the superintendent to the board by requesting a hearing in writing to the president of the board within 5 days after receiving the notice from the superintendent. The board shall hear the matter within 10 days after the president receives the request, and shall render its decision within 5 days after the hearing. The decision of the board is final.

      Sec. 5.  NRS 391.313 is hereby amended to read as follows:

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

      (a) Bring the matter to the attention of the employee involved, in writing, stating the reasons for the admonition and that it may lead to his demotion, dismissal or a refusal to reemploy him, and make a reasonable effort to assist the employee to correct whatever appears to be the cause for potential demotion, dismissal or failure to reemploy; and

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


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ê1979 Statutes of Nevada, Page 1832 (Chapter 687, AB 519)ê

 

improvement, which [shall] must not exceed 3 months for the first admonition.

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

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

      Sec. 6.  NRS 391.314 is hereby amended to read as follows:

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

      2.  Within 10 days after a suspension becomes effective, the superintendent shall begin proceedings pursuant to the provisions of NRS 391.312 to 391.3196, inclusive, to effect the employee’s dismissal. The superintendent may recommend that an employee who has been charged with a felony or a crime involving immorality be dismissed for another ground set forth in NRS 391.312.

      3.  If sufficient grounds for dismissal do not exist, the employee shall be reinstated with full compensation, plus interest.

      4.  A certificated employee who furnishes to the school district a bond or other security which is acceptable to the board as a guarantee that he will repay any amounts paid to him as salary during a period of suspension may continue to receive his salary from the time his suspension is effective until the decision of the board or the report of the hearing officer, if the report is final and binding. An employee who receives salary pursuant to this section shall repay it if he is dismissed or not reemployed as a result of a decision of the board or a report of a hearing officer.

      5.  A certificated employee who is convicted of a crime which requires registration as a sex offender pursuant to NRS 207.151 or convicted of an act forbidden by NRS 200.508, 201.190, 201.265 or 207.260 forfeits all rights of employment from the date of his arrest.

      6.  A certificated employee who is convicted of any crime and who is sentenced to and serves any sentence of imprisonment forfeits all rights of employment from the date of his arrest or the date on which his employment terminated, whichever is later.


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ê1979 Statutes of Nevada, Page 1833 (Chapter 687, AB 519)ê

 

employment from the date of his arrest or the date on which his employment terminated, whichever is later.

      7.  A certificated employee who is charged with a felony or a crime involving immorality or moral turpitude and who waives his right to a speedy trial while suspended may receive no more than 12 months of back pay and seniority upon reinstatement if he is found not guilty or the charges are dismissed, unless proceedings have been begun to dismiss the employee upon one of the other grounds set forth in NRS 391.312.

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

      Sec. 7.  NRS 391.315 is hereby amended to read as follows:

      391.315  1.  A superintendent may recommend that a teacher be dismissed or not reemployed.

      2.  A superintendent may recommend that an administrator be demoted, dismissed or not reemployed.

      3.  The board may recommend that a superintendent be dismissed or not reemployed.

      4.  [In the event] If the board recommends that a superintendent be demoted, dismissed or not reemployed, it may request the appointment of a hearing officer, [or hearing commission,] depending upon the grounds for [such] the recommendation.

      Sec. 8.  NRS 391.3161 is hereby amended to read as follows:

      391.3161  1.  There is hereby created a [hearing officer list which shall consist of] list of hearing officers comprising not less than 50 Nevada resident attorneys at law, including retired judges. Hearing officers on the list shall be appointed by the state board of education following nomination by the State Bar of Nevada and the Nevada Trial Lawyers Association.

      2.  Hearing officers shall be appointed for a term of 2 years or until resignation or removal for cause by the state board of education. Vacancies shall be filled as necessary following the procedure set forth in subsection 1. Hearing officers may be selected from a list provided by the American Arbitration Association of arbitrators who are available upon request, if the employee and the superintendent have so agreed in writing at least 5 school days before the list is requested.

      2.  Selection of a hearing officer through the services of the American Arbitration Association must be accomplished in the same manner as described in subsection 2 of NRS 288.200. The employee and the board shall each pay half of the costs of a hearing held before a hearing officer selected from a list provided by the American Arbitration Association.

      3.  A hearing officer shall conduct hearings in cases of demotion, dismissal or [nonreemployment] a refusal to reemploy based on grounds contained in [paragraphs (b), (f), (g), (h), (m) and (p) of] subsection 1 of NRS 391.312.

      Sec. 9.  NRS 391.317 is hereby amended to read as follows:


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ê1979 Statutes of Nevada, Page 1834 (Chapter 687, AB 519)ê

 

      391.317  1.  At least 15 days before recommending to a board that it demote, dismiss or not reemploy a [certificated] postprobationary employee, or dismiss or demote a probationary employee, the superintendent shall give written notice to the employee, by registered or certified mail, of his intention to make [such] the recommendation.

      2.  [Such notice shall:] The notice must:

      (a) Inform the certificated employee of the grounds for the recommendation.

      (b) Inform the employee that, if a written request therefor is directed to the superintendent within 10 days after receipt of the notice, the employee is entitled to a hearing before a hearing officer. [or hearing commission, depending on the grounds for the recommendation.]

      (c) Inform the employee that he may request appointment of a hearing officer from a list provided by the American Arbitration Association and that one will be appointed if the superintendent agrees in writing.

      (d) Refer to chapter 391 of NRS.

      Sec. 10.  NRS 391.318 is hereby amended to read as follows:

      391.318  1.  If a request for a hearing is not made within the time [period] allowed, the superintendent shall file his recommendation with the board. The board may, by resolution, act on the recommendation as it sees fit.

      2.  If a request for a hearing is made, the superintendent shall not file his recommendation with the board until a report of the hearing officer [or hearing commission] is filed with him.

      Sec. 11.  NRS 391.31915 is hereby amended to read as follows:

      391.31915  1.  Within 10 days after he receives a request for a hearing, the superintendent shall designate seven attorneys from the list of hearing officers.

      2.  After [appointment of the list,] designation of the attorneys, the certificated employee and superintendent [are entitled:

      (a) To]shall challenge peremptorily one of the list at a time, alternately, until only one remains, who shall serve as hearing officer for the hearing. The superintendent and certificated employee shall draw lots to determine first choice to challenge a member of the list.

      [(b) To challenge peremptorily the hearing officer appointed to a hearing commission when such commission is required, in which case:

             (1) The superintendent and certificated employee shall each have two peremptory challenges.

             (2) The superintendent and certificated employee may exercise their two challenges until they have exhausted their right to challenge or waive their right to such challenge.]

      [2.]3.  The state department of education shall prepare a procedure for exercising challenges to the hearing officer [and hearing commission chairman] and set time limits in which the challenges may be exercised by the certificated employee and superintendent.

      Sec. 12.  NRS 391.3192 is hereby amended to read as follows:

      391.3192  1.  As soon as possible after the time of his [or its] designation, the hearing officer [or hearing commission] shall hold a hearing to determine whether the grounds for the recommendation are substantiated.


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ê1979 Statutes of Nevada, Page 1835 (Chapter 687, AB 519)ê

 

      2.  The state department of education shall furnish the hearing officer [or hearing commission] with any assistance which is reasonably required to conduct the hearing, and the hearing officer [or hearing commission] may require witnesses to give testimony under oath and produce evidence relevant to its investigation.

      3.  The certificated employee and superintendent are entitled to be heard, to be represented by counsel and to call witnesses in their behalf.

      4.  The hearing officer [shall] is entitled to be reimbursed reasonable actual expenses and not more than $150 per day for actual time served. If requested by the hearing officer, an official transcript shall be made.

      5.  The board and the certificated employee shall be equally responsible for the expense and salary of the hearing officer and the official transcript when requested by the hearing officer.

      6.  [The appointed commission members shall not forfeit any salary or employment benefits for performing their duties as commission members.

      7.] The state board of education shall develop a set of uniform standards and procedures to be used in such a hearing. The technical rules of evidence shall not apply.

      Sec. 13.  NRS 391.3193 is hereby amended to read as follows:

      391.3193  1.  Except as provided in subsection 3, within 30 days from the time of the designation, the hearing officer [or hearing commission] shall complete the hearing and shall prepare and file a written report with the superintendent and the certificated employee involved [.] not later than 15 days following the conclusion of the hearing.

      2.  The report shall contain an outline of the scope of the hearing findings of fact and conclusions of law, and recommend a course of action to be taken by the board. The report of the hearing officer is final and binding on the employee and the board if the employee and the superintendent have so agreed before the selection of the hearing officer was begun.

      3.  If it appears that the report cannot be prepared within [30] 15 days, the certificated employee and the superintendent shall be so notified [prior to] before the end of [such] that period, and the hearing officer [or hearing commission] may take the time necessary not exceeding [40 days from the time of the designation] 30 days following the conclusion of the hearing to file the written report and recommendation.

      4.  The certificated employee and the superintendent or his designee may mutually agree to waive any of the time limits applicable to the hearing procedure under NRS 391.311 to 391.3196, inclusive.

      Sec. 14.  NRS 391.3194 is hereby amended to read as follows:

      391.3194  1.  Within 5 days after the superintendent receives the report of the hearing officer [or hearing commission,] he shall either withdraw the recommendation to demote, dismiss or not reemploy the certificated employee or file his recommendation with the board.

      2.  [At the next regular board meeting] Within 15 days after the receipt of the recommendation of the superintendent, the board shall either accept or reject the hearing officer’s [or hearing commission’s] recommendation and notify the teacher in writing of its decision.

      3.  The board may, prior to making a decision, refer the report back to the hearing officer [or hearing commission] for further evidence and recommendations.


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ê1979 Statutes of Nevada, Page 1836 (Chapter 687, AB 519)ê

 

to the hearing officer [or hearing commission] for further evidence and recommendations. The hearing officer [or hearing commission] shall have 15 days to complete the report and file it with the board and mail a copy to the superintendent and certificated employee.

      4.  The certificated employee [or board] may appeal the decision to a district court within the time limits and as provided in chapter 233B of NRS. If the report of the hearing officer is final and binding, the employee or the board may request judicial review of the report pursuant to NRS 38.145 or 38.155.

      Sec. 15.  NRS 391.3196 is hereby amended to read as follows:

      391.3196  1.  On or before April 1 of each year, the board of trustees shall notify [certificated] postprobationary employees, in writing, by certified mail or by delivery of a certificated employee’s contract, to the certificated employees in their employ, concerning their reemployment for the ensuing year. If the board, or the person designated by it, fails to notify a [certificated] postprobationary employee who has been employed by a school district of his status for the ensuing year, the employee shall be deemed to be reemployed for the ensuing year [.] under the same terms and conditions under which he is employed for the current year.

      2.  This section does not apply to any certificated employee who has been recommended to be demoted, dismissed or not reemployed if such proceedings have commenced and no final decision has been made by the board. A certificated employee may be demoted or dismissed for grounds set forth in NRS 391.312 after he has been notified that he is to be reemployed for the ensuing year.

      3.  Any certificated employee who is reemployed pursuant to subsection 1 shall by April 10 notify the board of trustees in writing of his acceptance of employment. Failure on the part of the employee to notify the board of acceptance within the specified time limit [shall be] is conclusive evidence of the employee’s rejection of the contract.

      4.  If the certificated employees are represented by a recognized employee organization pursuant to chapter 288 of NRS, and negotiation has been commenced pursuant to NRS 288.180, then the provisions of subsections 1, 2 and 3 [shall] do not apply except for nonreemployment, demotion or dismissal procedures and [prior to] before April 10 of each year, the employees shall notify the board in writing, on forms provided by the board, of their intention to accept reemployment. Any agreement negotiated by the recognized employee organization and the board [shall become] becomes a part of the contract of employment between the board and the employee. The board of trustees shall mail contracts, by certified mail with return receipts requested, to each employee to be reemployed at his last-known address or shall deliver [such] the contract in person to each employee, obtaining a receipt therefor. Failure on the part of the employee to notify the board of acceptance within 10 days after receipt of [such] the contract [shall be] is conclusive evidence of the employee’s rejection of the contract.

      Sec. 16.  NRS 391.3197 is hereby amended to read as follows:

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


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ê1979 Statutes of Nevada, Page 1837 (Chapter 687, AB 519)ê

 

or they may be dismissed at any time, after a hearing as provided in subsection 3, at the discretion of the board.

      2.] A probationary employee is employed on an annual basis and has no right to employment after a probationary contract year.

      2.  If a probationary employee first began his employment after June 30, 1979, the board of trustees shall notify him in writing on or before April 1 of the school year whether he is to be reemployed for the next school year. The employee shall advise the school board in writing on or before April 10 of his acceptance of reemployment. Failure to advise the school board of acceptance of reemployment constitutes rejection of the contract.

      3.  A probationary employee who has received a notice of reemployment from the school district is entitled to be a postprobationary employee in the ensuing year of employment.

      4.  A school district which has not given notice of reemployment to a probationary employee may offer the employee a contract for a trial year. An employee who receives an offer of a contract for a trial year may request that his performance during the trial year be evaluated by a person selected by him and his first evaluator.

      5.  If a probationary employee is notified that he will not be reemployed for the ensuing school year, his employment ends on the last day of the school year specified in his contract. The notice that he will not be reemployed must include a statement of the reasons for that decision.

      6.  If a probationary employee who is an administrator is not reemployed in that capacity, he may accept a contract as a teacher for the ensuing school year in writing on or before April 10. If he fails to accept the contract as a teacher, he shall be deemed to have rejected the offer of a contract as a teacher.

      7.  Any [certificated] postprobationary employee [who has achieved postprobationary status in] of a Nevada school district [and is contracted in a second or subsequent] who is employed by another school district shall [have a] serve the probationary period [not to exceed 2 full contract years of employment in that district.] required by this section.

      [3.  Prior to]

      8.  Before dismissal, [or nonrenewal, the teacher] the probationary employee is entitled to a due process hearing before a hearing officer [or hearing commission] as set out in NRS 391.311 to 391.3196, inclusive.

      [4.  After receiving the report of the hearing officer or hearing commission, the board may accept or reject the recommendation. The board’s decision is subject to judicial review.]

      Sec. 17.  NRS 391.355 is hereby amended to read as follows:

      391.355  1.  The attorney general shall develop rules of procedure for the conduct of hearings involving suspension or revocation of teachers’ or administrators’ certificates, which [shall] must be adopted [and promulgated] by the state board of education.

      2.  The rules of procedure [shall] must provide for boards of trustees of school districts or the superintendent of public instruction or his designee to bring charges, when cause exists.

      3.  The state board of education may issue subpenas to compel the attendance of witnesses and the production of books, records, documents or other pertinent information to be used as evidence in hearings for suspension or revocation of teachers’ or administrators’ certificates.


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ê1979 Statutes of Nevada, Page 1838 (Chapter 687, AB 519)ê

 

attendance of witnesses and the production of books, records, documents or other pertinent information to be used as evidence in hearings for suspension or revocation of teachers’ or administrators’ certificates.

      4.  A hearing officer, [qualified] selected under NRS 391.3161 and selected according to the provisions of NRS 391.3191 and 391.31915 shall conduct the hearing and report findings of fact and conclusions of law, along with recommendations, to the state board of education. The state board [may accept or reject the recommendations or refer the report back to the hearing officer for further evidence and recommendation, and] shall notify the teacher or administrator in writing of [its] the hearing officer’s decision.

      Sec. 18.  NRS 391.3165 is hereby repealed.

      Sec. 19.  Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

________

 

 

CHAPTER 688, AB 523

Assembly Bill No. 523–Assemblymen Wagner, Getto, Mann, Bremner, Barengo, Weise, Cavnar, Mello, Rhoads, Webb, Harmon, Jeffrey, Bedrosian, Bergevin, Marvel, Westall and Tanner

CHAPTER 688

AN ACT relating to the state executive department; scheduling the termination of certain boards, commissions and similar bodies; providing a method for continuing or reestablishing those bodies by express act of the legislature; providing for performance audits and other studies of those bodies and requiring that the audits contain certain information; 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.  Title 18 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, “agency” means any public agency which the legislature has designated to be the subject of a review by the legislative commission.

      Sec. 3.  The legislature finds that:

      1.  There has been a substantial increase in the number of agencies within state government, and a corresponding growth of administrative programs and regulations.

      2.  The proliferation of agencies, programs and regulations has occurred without sufficient accountability for the programs and regulations by the agencies or review by the legislature.

      3.  By establishing a method of terminating, continuing or reestablishing agencies in state government, the legislature will be able to evaluate the need for continuing present agencies or creating new agencies.

      Sec. 4.  1.  An agency may continue in existence until July 1 of the year immediately succeeding the effective date of its termination for the purpose of winding up its affairs, unless the agency has been consolidated with another.


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ê1979 Statutes of Nevada, Page 1839 (Chapter 688, AB 523)ê

 

purpose of winding up its affairs, unless the agency has been consolidated with another.

      2.  The powers and duties of an agency are not abrogated or otherwise limited during the period between its termination and the following July 1, but no agency may enter into or let any contract, the performance of which extends beyond July 1 of the year immediately following the year in which it is terminated.

      3.  The director of the department of general services is responsible for disposing of any property of a terminated agency. All assets and liabilities of an agency which has been consolidated with another must be taken over by the successor agency. Money in the state treasury which is held in a special fund for an agency which has been terminated reverts to the state general fund on July 1 of the year immediately following the year in which the agency was terminated.

      Sec. 5.  1.  The legislative commission shall conduct the reviews of agencies directed by the legislature.

      2.  The legislative commission shall determine the membership and method of appointment of committees or subcommittees appointed to carry out the reviews.

      3.  The legislative commission shall transmit its review and recommendations to the legislature at the beginning of its next regular session.

      Sec. 6.  1.  The legislative commission and the legislative counsel bureau shall conduct a review of the need for and the efficiency of each agency which is to be terminated, beginning on July 1 of the second year preceding the scheduled date of termination.

      2.  The legislative commission shall conduct public hearings for the purpose of obtaining comments on, and may require the legislative counsel bureau to submit reports on, the need for the continued operation of an agency, and its efficiency.

      3.  In conducting its review of any agency, the legislative commission shall determine whether the agency is:

      (a) Complying with requirements for affirmative action.

      (b) Operating in the public interest.

      (c) Recommending statutory changes which will benefit the general public.

      (d) Requiring reports to show the effect of its operations on the general public regarding improvement, economy and availability of service.

      (e) Encouraging and permitting participation by the general public when it proposes regulations or adopts them.

      (f) Disposing effectively with complaints filed with the agency.

      4.  As part of the consideration of each agency, the legislative commission shall include the agency’s:

      (a) Statement of its objectives and programs.

      (b) Conclusion concerning the effectiveness of its objectives and programs.

      (c) Recommendations for statutory changes which are necessary for the agency to carry out its objectives and programs.

      (d) Evaluation of its objectives and programs for the ensuing fiscal year.


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ê1979 Statutes of Nevada, Page 1840 (Chapter 688, AB 523)ê

 

      5.  In conducting its review of a regulatory agency, the legislative commission shall, after complying with the requirements of subsections 3 and 4, consider the need for the continued operation of the agency by obtaining answers to the following questions:

      (a) Would the absence of regulation significantly harm or endanger the public health, safety or welfare?

      (b) Is there a reasonable relationship between the exercise of the state’s police power and the protection of the public health, safety or welfare?

      (c) Is there another, less restrictive, method of regulation which could adequately protect the public?

      (d) Does regulation have the effect of directly or indirectly increasing the cost of any goods or services involved and, if so, to what degree?

      (e) Is the increase in cost, if any, more harmful to the public than the harm which could result from the absence of regulation?

      (f) Is the entire regulatory process designed solely for the purpose of, and does it have as its primary effect, the protection of the public?

      6.  If the legislative commission finds that the answers to questions about the need for the agency are generally affirmative, it shall determine whether the agency is operating efficiently by applying the following criteria:

      (a) The agency has permitted qualified applicants to serve the public;

      (b) Requirements of state and federal law for affirmative action have been met by the agency and the industry or profession which it regulates;

      (c) The agency has operated in the public interest, and the extent to which its operation in the public interest has been impeded or aided by existing statutes and by other circumstances, including budget and personnel matters;

      (d) The agency has recommended changes to the statutes which would benefit the public rather than the persons it regulates;

      (e) The agency has required the persons whom it regulates to report the effect of regulations and decisions of the agency on the public, particularly regarding improvements in economy and quality of service;

      (f) Persons regulated by the agency have been required to assess problems in the industry or profession which affect the public;

      (g) The agency has encouraged participation by the public in making its regulations, as opposed to encouraging participation only by the persons it regulates; and

      (h) The agency handles formal complaints from the public concerning persons subject to its regulation efficiently and with dispatch.

      Sec. 7.  1.  At any hearing held to determine whether an agency should be terminated, consolidated with another agency or continued, information may be presented by:

      (a) Members of the general public;

      (b) Any person who is regulated by the agency; and

      (c) Representatives of the agency.

      2.  The legislative commission shall consider any report submitted to it by the legislative counsel bureau.

      3.  An agency has the burden of proving that there is a public need for its continued existence or regulatory function.


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ê1979 Statutes of Nevada, Page 1841 (Chapter 688, AB 523)ê

 

      Sec. 8.  Chapter 284 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      In establishing lists of eligible persons, a preference must be allowed for each person in the classified service who has been separated from the service because the agency by which he was employed was terminated pursuant to section 4 of this act.

      Sec. 9.  Unless continued or reestablished by express act of the legislature, the following agencies terminate on July 1, 1981:

      1.  The Nevada racing commission.

      2.  The bureau of community health services established by the state board of health.

      3.  The real estate division of the department of commerce.

      Sec. 10.  NRS 466.010 to 466.220, inclusive, are hereby repealed.

      Sec. 11.  NRS 244.347 is hereby amended to read as follows:

      244.347  1.  The county license board of a county having a population of less than 100,000 may license greyhound racing in the county outside of an incorporated city or incorporated town.

      2.  [An application for licensing under this section must not be considered unless the applicant has first been approved for licensing by the Nevada racing commission.] Each member of the firm, partnership, association or corporation receiving the license must have been approved by the county license board before the license is issued. Not more than one such license may be issued and it is not transferable.

      3.  [Such racing is subject to the control of the Nevada racing commission.] Pari-mutuel wagering may be permitted at the track where [such] greyhound racing occurs.

      Sec. 12.  The chapter added to Title 18 of NRS by sections 2 to 7, inclusive, of this act is amended by adding thereto a new section which shall read as follows:

      The chief of the budget division shall not include any money in the executive budgets of the state for the support of any bureau or other organization in the health division or any other division of the department of human resources for the following purposes:

      1.  Coordinating control and investigation of communicable diseases;

      2.  Coordinating control of chronic diseases, accident prevention and venereal diseases;

      3.  Skilled nursing services in homes, schools and public health centers;

      4.  Maternity counseling;

      5.  Immunization clinics;

      6.  Family planning counseling; and

      7.  Screening, testing, counseling and health education in the schools.

      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 645.310, inclusive, and 645.324 to 645.850, inclusive, are hereby repealed.

      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.


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ê1979 Statutes of Nevada, Page 1842 (Chapter 688, AB 523)ê

 

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.] 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. [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.


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

ê1979 Statutes of Nevada, Page 1843 (Chapter 688, AB 523)ê

 

      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. 15.  NRS 119.130 is hereby amended to read as follows:

      119.130  Except as provided in NRS 119.120, no subdivision or lot, parcel, unit or interest in any subdivision [shall] may in any way be offered or sold in this state by any person [or broker] until [:

      1.  He] he has appointed in writing the secretary of state to be his attorney, upon whom all process, in any action or proceeding against him, may be served, and in such writing [such person or broker shall] the person must agree that any process against him which is served on the secretary of state shall be of the same legal force and validity as if served on [such person or broker] him, and that such appointment [shall continue] continues in force as long as any liability remains outstanding against [such person or broker] him in this state. Such written appointment [shall] must be acknowledged before some officer authorized to take acknowledgments of deeds and [shall be] filed in the office of the secretary of state, and copies certified by him [shall be] are sufficient evidence of [such] the appointment and agreement.

      [2.  Such person or broker has received a license under NRS 119.160.]

      Sec. 16.  NRS 119.220 is hereby amended to read as follows:

      119.220  1.  [Where any part of the statement of record, when such part became effective, contained an untrue statement of a material fact or omitted to state a material fact required to be stated therein, any person acquiring a lot in the subdivision covered by such statement of record from the developer or his agent during such period the statement remained uncorrected (unless it is proved that at the time of such acquisition he knew of such untruth or omission) may sue the developer in any court of competent jurisdiction.

      2.] Any developer or agent, who sells or leases a lot in a subdivision:

      (a) In violation of this chapter; or

      (b) By means of a property report which contained an untrue statement of a material fact or omitted to state a material fact required to be stated therein,

may be sued by the purchaser of such lot.


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

ê1979 Statutes of Nevada, Page 1844 (Chapter 688, AB 523)ê

 

      [3.]2.  The suit [authorized under subsection 1 or 2] may be to recover such damages as represent the difference between the amount paid for the lot and the reasonable cost of any improvements thereto, and the lesser of:

      (a) The value thereof as of the time such suit was brought; [or]

      (b) The price at which such lot has been disposed of in a bona fide market transaction before suit; or

      (c) The price at which such lot has been disposed of after suit in a bona fide market transaction but before judgment.

      [4.]3.  Every person who becomes liable to make any payment under this section may recover contribution as in cases of contract from any person who, if sued separately, would have been liable to make the same payment.

      [5.]4.  In no case [shall] may the amount recoverable under this section exceed the sum of the purchase price of the lot, the reasonable cost of improvements, reasonable appraiser’s costs, reasonable court costs and reasonable attorney’s fees.

      Sec. 17. NRS 119.230 is hereby amended to read as follows:

      119.230  It is unlawful for the owner or subdivider to sell lots or parcels within a subdivision subject to a blanket encumbrance unless one of the following conditions is complied with:

      1.  All sums paid or advanced by purchasers are placed in an escrow or other depository [acceptable to the division] until the fee title contracted for is delivered to such purchaser by deed together with complete release from all financial encumbrances; [or]

      2.  The fee title to the subdivision is placed in trust under an agreement or trust [acceptable to the division] until a proper release from each blanket encumbrance, including all taxes, is obtained and title contracted for is delivered to such purchaser; or

      3.  Such blanket encumbrance contains provisions evidencing the subordination or release of the lien of the holder or holders of the blanket encumbrance to the rights of those persons purchasing from the subdivider, and further evidencing that the subdivider is able to secure releases from such blanket encumbrances with respect to the property upon full payment of the purchase price owed by such person.

      Sec. 18.  NRS 119.330 is hereby amended to read as follows:

      119.330  1.  Except as provided in subsection 2, any natural 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] 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.

      3.  Any officer or agent of a corporation, or member or agent of a copartnership or association, who [shall personally participate in or be] personally participates in or is 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.]


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

ê1979 Statutes of Nevada, Page 1845 (Chapter 688, AB 523)ê

 

be] personally participates in or is 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.] prescribed in this section for natural persons.

      4.  Nothing contained in this section [shall be construed to release] releases any natural person, corporation, association or copartnership from civil liability or criminal prosecution under the general laws 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 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. 19.  NRS 232.230 is hereby amended to read as follows:

      232.230  1.  The department of commerce is hereby created.

      2.  The department consists of a director and the following divisions:

      (a) Banking division.

      (b) Consumer affairs division.

      (c) Credit union division.

      (d) Housing division.

      (e) Insurance division.

      (f) [Real estate division.

      (g)] Savings and loan division.

      [(h)](g) State fire marshal division.

      Sec. 20.  NRS 232.250 is hereby amended to read as follows:

      232.250  The director shall:

      1.  Appoint, with the consent of the governor, a chief of each of the divisions of the department. In making such appointments, other than that of the state fire marshal, the director shall obtain lists of nominees from recognized professional organizations, if any, in the appropriate professions and shall make such appointments after consultation with and concurrence of such organizations. The director shall consult the state fire marshal’s advisory board and appoint the state fire marshal from the list of candidates presented by the board. The chief of the banking division shall be known as the superintendent of banks, the chief of the consumer affairs division shall be known as the commissioner of consumer affairs, the chief of the credit union division shall be known as the commissioner of credit unions, the chief of the housing division shall be known as the administrator of the housing division, the chief of the insurance division shall be known as the commissioner of insurance, [the chief of the real estate division shall be known as the real estate administrator,] the chief of the savings and loan division shall be known as the commissioner of savings associations and the chief of the state fire marshal division shall be known as the state fire marshal.

      2.  Be responsible for the administration, through the divisions of the department, of the provisions of Titles 55 to 57, inclusive, of NRS, [chapters 319 to 645] chapter 319 of NRS, NRS 598.360 to 598.640, inclusive, and all other provisions of law relating to the functions of the divisions of the department.


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

ê1979 Statutes of Nevada, Page 1846 (Chapter 688, AB 523)ê

 

[chapters 319 to 645] chapter 319 of NRS, NRS 598.360 to 598.640, inclusive, and all other provisions of law relating to the functions of the divisions of the department.

      Sec. 21.  NRS 278.323 is hereby amended to read as follows:

      278.323  Any person who divides land into lots, parcels, sites, units or plots of land, each of which comprises 40 or more nominal acres of land, including roads and roadway easements, shall, prior to any sale of such land, file in the office of the county recorder in which the land is located a map which illustrates the proposed division of land, including standard roadway easements across the land to be sold for ingress to and egress from each parcel. A copy of the map shall be filed with the governing body. [and the real estate division of the department of commerce.] The map need not be based upon a current survey but [shall] must refer to the government survey of such land. The area of roadway easements for ingress and egress to and from each parcel as shown by the map [shall be deemed to be] is a continuing dedication thereof to the governing body, which at its option, at any time, may accept such easements.

      Sec. 22.  NRS 278.630 is hereby amended to read as follows:

      278.630  1.  When there is no final map or parcel map 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 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.]

      3.  If the report shows evidence of violation of the provisions of NRS 278.010 to 278.630, inclusive, 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, the district attorney of each county in this state shall prosecute all violations of the provisions of NRS 278.010 to 278.630, inclusive, in respective counties in which the violations occur.

      Sec. 23.  NRS 482.322 is hereby amended to read as follows:

      482.322  1.  [Except as provided in NRS 482.324, no] No person may engage in the activities of a vehicle dealer, manufacturer or rebuilder in this state, or be issued any other license or permit required by this chapter, until he has been issued a dealer’s, manufacturer’s, rebuilder’s or lessor’s license certificate or similar license or permit required by the department.

      2.  A vehicle dealer’s, manufacturer’s or rebuilder’s license issued pursuant to this chapter does not permit a person to engage in the business of a new or used mobile home dealer, manufacturer or rebuilder.


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

ê1979 Statutes of Nevada, Page 1847 (Chapter 688, AB 523)ê

 

      3.  The department shall investigate any applicant for a dealer’s, manufacturer’s, rebuilder’s or lessor’s license certificate or license and complete an investigation report on a form provided by the department.

      4.  If a vehicle dealer has one or more branches, he shall procure from the department a license for each branch in addition to the license issued for his principal place of business.

      5.  The department shall specify on each license it issues:

      (a) The name of the licensee;

      (b) The location for which the license is issued; and

      (c) The name under which the licensee does business at that location.

      6.  The vehicle dealer’s bond required by NRS 482.345 covers the dealer’s principal place of business and all branches operated by him if:

      (a) All of his places of business are located within one county; and

      (b) All are operated under the same name.

For any place of business located outside the county of the dealer’s principal office, or any place of business operated under a different name, the dealer shall procure a separate bond.

      Sec. 24.  NRS 482.362 is hereby amended to read as follows:

      482.362  1.  [Except as provided in NRS 482.324, no] No person may engage in the activity of a vehicle, trailer or semitrailer salesman in the State of Nevada without first having received a license from the department. Before issuing a license to engage in the activity of a salesman, the department shall require:

      (a) An application, signed and verified by the applicant, stating that the applicant is to engage in the activity of a salesman, his residence address, and the name and address of his employer.

      (b) Proof of the employment of such applicant by a licensed and bonded vehicle dealer, trailer or semitrailer dealer, lessor or rebuilder at the time such application is filed.

      (c) A statement as to whether any previous application of the applicant has been denied or license revoked.

      (d) Payment of a nonrefundable license fee of $5 per year. Such licenses [shall expire] expire on December 31 of each calendar year.

      (e) Such other information as the department may deem necessary.

      2.  The department may issue a 60-day temporary license to an applicant who has submitted an application and paid the required fee.

      3.  A vehicle, trailer or semitrailer salesman’s license issued pursuant to this chapter [shall] must not permit a person to engage in the business of a mobile home salesman.

      4.  An application for a salesman’s license may be denied and a salesman’s license may be suspended or revoked upon the following grounds:

      (a) Failure of the applicant to establish by proof satisfactory to the department that he is employed by a licensed and bonded vehicle dealer, trailer dealer or semitrailer dealer, lessor or rebuilder.

      (b) Conviction of a felony.

      (c) Conviction of a misdemeanor for violation of any of the provisions of this chapter.

      (d) Falsification of the application.

 


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

ê1979 Statutes of Nevada, Page 1848 (Chapter 688, AB 523)ê

 

      (e) Any reason determined by the director to be in the best interests of the public.

      5.  A vehicle salesman may not engage in sales activity other than for the account of or for and in behalf of a single employer, who [shall] must be a licensed dealer, lessor or rebuilder.

      6.  If an application for a salesman’s license has been denied, the applicant may reapply after a period not less than 6 months has elapsed from the date of the denial.

      7.  A salesman’s license must be posted in a conspicuous place on the premises of the dealer, lessor or rebuilder for whom he is licensed to sell vehicles.

      8.  If a salesman ceases to be employed by a licensed and bonded dealer, lessor or rebuilder, his license to act as a salesman is automatically suspended and his right to act as a salesman thereupon immediately ceases, and he shall not engage in the activity of a salesman until he has paid the department a transfer fee of $2 and submitted a certificate of employment indicating he has been reemployed by a licensed and bonded dealer, lessor or rebuilder, and has thereafter presented a current temporary license or a new salesman’s license to his employer.

      9.  If a licensed salesman changes his residential address, he shall submit a written notice of the change to the department within 10 days.

      10.  A licensed dealer, lessor or rebuilder who employs a licensed salesman shall notify the department of the termination of such employment within 10 days following the date of termination by forwarding the salesman’s license to the department.

      11.  Any person who fails to comply with the provisions of this section is guilty of a misdemeanor except as otherwise provided in NRS 482.555.

      Sec. 25.  NRS 608.010 is hereby amended to read as follows:

      608.010  As used in this chapter, unless the context requires otherwise:

      1.  “Employee” includes both male and female persons.

      2.  “Employer” includes every person, firm, corporation, partnership, stock association, agent, manager, representative or other person having control or custody of any employment, place of employment or any employee.

      3.  “Private employment” means all employment other than employment under the direction, management, supervision and control of this state or any county, city or town therein, or any office or department thereof.

      4.  “Professional” means pertaining to an employee who is licensed or certified by the State of Nevada for and engaged in the practice of law or any of the professions regulated by chapters 623 to [645,] 644, inclusive, of NRS [.] , or who is a real estate broker or salesman.

      Sec. 26.  NRS 645.321 is hereby amended to read as follows:

      645.321  1.  It is unlawful, on account of race, religious creed, color, national origin, ancestry or sex, to:

      (a) Deny any person access to or membership or participation in any multiple-listing service, real estate brokers’ organization or other service or facility relating to the sale or rental of dwellings; or

 


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

ê1979 Statutes of Nevada, Page 1849 (Chapter 688, AB 523)ê

 

      (b) Discriminate against any person in the terms or conditions of such access, membership or participation.

      2.  Any person violating the provisions of subsection 1 shall be punished by a fine of $500. [for the first offense and for the second offense shall show cause why his license should not be revoked by the commission.]

      Sec. 27.  NRS 645.322 is hereby amended to read as follows:

      645.322  1.  Any person [or entity] who charges or collects an advance fee shall, within 3 months after such charge or collection, furnish to his principal an accounting of the use of such money. [The real estate division may also demand an accounting by such person or entity of advance fees so collected.]

      2.  As used in this section, “advance fee” means a fee contracted for, claimed, demanded, charged, received or collected for:

      (a) An advertisement or offer to sell or lease property, issued for the purpose of promoting the sale or lease of business opportunities or real estate or for referral to business opportunity or real estate brokers or salesmen or both, prior to the last printing or other last issuance thereof, other than by a newspaper of general circulation.

      (b) 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.

      (c) 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.

      (d) 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 property any services, to promote the sale or lease of such property, for an advance fee.

      (e) 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 property which is offered for sale or lease.

      Sec. 28.  In preparing the supplement to the Nevada Revised Statutes, the legislative counsel shall not exclude NRS sections which are repealed by this act nor include any amendments made to NRS sections by this act until the effective date of the sections containing the repeals or making the amendments.

      Sec. 29.  1.  This section, sections 1 to 9, inclusive, of this act and section 28 of this act shall become effective on July 1, 1979.

      2.  Sections 10 to 27, inclusive, of this act shall become effective on July 1, 1981.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1850ê

 

CHAPTER 689, AB 524

Assembly Bill No. 524–Committee on Judiciary

CHAPTER 689

AN ACT relating to crimes and punishments; providing procedures for maintaining and disseminating certain criminal records and for challenging their accuracy; providing 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.  Title 14 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 18, inclusive, of this act.

      Sec. 1.5.  This chapter may be cited as the Nevada Criminal History Records Act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Administration of criminal justice” means detection, apprehension, detention, release pending trial or after trial, prosecution, adjudication, correctional supervision or rehabilitation of accused persons or criminal offenders, and includes criminal identification activities and the collection, storage and dissemination of records of criminal history.

      Sec. 4.  “Agency of criminal justice” means:

      1.  Any court; and

      2.  Any governmental agency which performs a function in the administration of criminal justice pursuant to a statute or executive order, and which allocates a substantial part of its budget to a function in the administration of criminal justice.

      Sec. 5.  “Commission” means the commission on crimes, delinquency and corrections.

      Sec. 6.  “Disposition” means the formal conclusion of a criminal proceeding at any point in the administration of criminal justice which shows the nature of the conclusion.

      Sec. 7.  “Dissemination” means disclosing records of criminal history or the absence of records of criminal history to a person or agency outside the organization which has control of the information, except:

      1.  Disclosure of records of criminal history among agencies which maintain a system for the mutual exchange of criminal records.

      2.  Furnishing of information by one agency to another for the purpose of administering the system of criminal justice, including the furnishing of information by a police department to a district attorney.

      3.  Reporting an event to a repository of Nevada records of criminal history.

      Sec. 8.  1.  “Record of criminal history” means information contained in records collected and maintained by agencies of criminal justice, the subject of which is a natural person, consisting of descriptions which identify the subject and notations of arrests, detention, indictments, informations or other formal criminal charges and dispositions of charges, including dismissals, acquittals, convictions, sentences, correctional supervision and release, occurring in Nevada. The term includes only information contained in memoranda of formal transactions between a person and an agency of criminal justice in this state.

 


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

ê1979 Statutes of Nevada, Page 1851 (Chapter 689, AB 524)ê

 

only information contained in memoranda of formal transactions between a person and an agency of criminal justice in this state. The term is intended to be equivalent to the phrase “criminal history record information” as used in federal regulations.

      2.  “Record of criminal history” does not include:

      (a) Investigative or intelligence information, reports of crime or other information concerning specific persons collected in the course of the enforcement of criminal laws.

      (b) Information concerning juveniles.

      (c) Posters, announcements or lists intended to identify fugitives or wanted persons and aid in their apprehension.

      (d) Original records of entry maintained by agencies of criminal justice if the records are chronological and not cross-indexed in any other way.

      (e) Records of application for and issuance, suspension, revocation or renewal of occupational licenses, including permits to work in the gaming industry.

      (f) Court indices and records of public judicial proceedings, court decisions and opinions, and information disclosed during public judicial proceedings.

      (g) Records of traffic violations constituting misdemeanors.

      (h) Records of traffic offenses maintained by the department of motor vehicles for the purpose of regulating the issuance, suspension, revocation or renewal of drivers’ or other operators’ licenses.

      (i) Announcements of actions by the state board of pardons commissioners and the state board of parole commissioners.

      (j) Records which originated in an agency other than an agency of criminal justice in this state.

      Sec. 9.  No agency of criminal justice in Nevada which has a cooperative agreement with a repository of Nevada records of criminal history may disseminate any record of criminal history which includes information about a felony or a gross misdemeanor without first making inquiry of the repository of Nevada records of criminal history, to obtain the most current and complete information available, unless:

      1.  The information is needed for a purpose in the administration of criminal justice for which time is essential, and the repository of Nevada records of criminal history is not able to respond within the required time;

      2.  The full information requested and to be disseminated relates to specific facts or incidents which are within the direct knowledge of an officer, agent or employee of the agency which disseminates the information;

      3.  The full information requested and to be disseminated was received as part of a summary of records of criminal history from the Nevada records of criminal history information repository within 30 days before the information is disseminated;

      4.  The statute, executive order, court rule or court order under which the information is to be disseminated refers only to information which is in the files of the agency which makes the dissemination; or

      5.  The information requested and to be disseminated is for the express purpose of research, evaluation or statistical activities to be based upon information maintained in the files of the agency or agencies from which the information is sought.

 


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

ê1979 Statutes of Nevada, Page 1852 (Chapter 689, AB 524)ê

 

based upon information maintained in the files of the agency or agencies from which the information is sought.

      Sec. 10.  1.  Records of criminal history which reflect conviction records only may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter.

      2.  A record of criminal history which pertains to an incident for which a person is currently within the system of criminal justice, including parole or probation, may be disseminated by an agency of criminal justice without any restriction pursuant to this chapter.

      3.  An agency of criminal justice must disseminate to a prospective employer, upon request, records of criminal history concerning a prospective employee which:

      (a) Reflect convictions only; or

      (b) Pertain to an incident for which the prospective employee is currently within the system of criminal justice, including parole or probation.

      4.  Records of criminal history must be disseminated by an agency of criminal justice upon request, to the following persons or governmental entities for the following purposes:

      (a) The person who is the subject of the record of criminal history for the purposes of section 15 of this act.

      (b) The person who is the subject of the record of criminal history or his attorney of record when the subject is a party in a judicial, administrative, licensing, disciplinary or other proceeding to which the information is relevant.

      (c) The gaming control board.

      (d) Any agency of criminal justice of the United States or of another state or the District of Columbia.

      (e) Any public utility subject to the jurisdiction of the public service commission of Nevada when the information is necessary to conduct a security investigation of an employee or prospective employee, or to protect the public health, safety or welfare.

      (f) Persons and agencies authorized by statute, ordinance, executive order, court rule, court decision or court order as construed by appropriate state or local officials or agencies.

      (g) Any person or governmental entity which has entered into a contract to provide services to an agency of criminal justice relating to the administration of criminal justice, if authorized by the contract, and if the contract also specifies that the information will be used only for stated purposes and that it will be otherwise confidential in accordance with state and federal law and regulation.

      (h) Any reporter for the electronic or printed media in his professional capacity for communication to the public.

      (i) Prospective employers if the person who is the subject of the information has given written consent to the agency which maintains the information.

      (j) For the express purpose of research, evaluative or statistical programs pursuant to an agreement with an agency of criminal justice.

      5.  Agencies of criminal justice in this state which receive information from sources outside the state concerning transactions involving criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the laws of the state or other jurisdiction from which the information was received.


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

ê1979 Statutes of Nevada, Page 1853 (Chapter 689, AB 524)ê

 

criminal justice which occur outside Nevada shall treat the information as confidentially as is required by the laws of the state or other jurisdiction from which the information was received.

      Sec. 11.  No person who receives records of criminal history pursuant to this chapter may disseminate it further without express authority of law or in accordance with a court order. This section does not prohibit the dissemination of material by an employee of the electronic or printed media in his professional capacity for communication to the public.

      Sec. 12.  Each agency of criminal justice which maintains and disseminates records of criminal history must maintain a log of each dissemination of that information other than a dissemination of the fact that the agency has no record relating to a certain person. The log must be maintained for at least 1 year after the information is disseminated, and must contain:

      1.  An entry showing to what agency or person the records of criminal history were provided;

      2.  The date on which the information was provided;

      3.  The person who is the subject of the information; and

      4.  A brief description of the information provided.

      Sec. 13.  At any time after a date 5 years after the arrest of a person, or after 5 years after the date of issuance of a citation or warrant, for an offense for which the person was acquitted or which ended in a disposition favorable to the person, the person who is the subject of a record of criminal history relating to the arrest, citation or warrant may apply in writing to the agency which maintains the record to have it removed from the files which are available and generally searched for the purpose of responding to inquiries concerning the criminal history of a person. The agency shall remove the record unless:

      1.  The defendant is a fugitive.

      2.  The case is under active prosecution according to a current certificate of a prosecuting attorney.

      3.  The disposition of the case was a deferred prosecution, plea bargain or other similar disposition.

      4.  The person who is the subject of the record has a prior conviction for a felony or gross misdemeanor in any jurisdiction in the United States.

      5.  The person who is the subject of the record has been arrested for or charged with another crime, other than a minor traffic violation, during the 5 years since the arrest, citation or warrant which he seeks to have removed from the record.

This section does not restrict the authority of a court to order the deletion or modification of a record in a particular cause or concerning a particular person or event.

      Sec. 14.  1.  Agencies of criminal justice may disclose to victims of a crime, members of their families or their guardians the identity of persons suspected of being responsible for the crime, including juveniles, together with information, including dispositions, which may be of assistance to the victim in obtaining redress for his injury or loss in a civil action. This disclosure may be made regardless of whether charges have been filed, and even if a prosecuting attorney has declined to file charges or the charge has been dismissed.

 


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ê1979 Statutes of Nevada, Page 1854 (Chapter 689, AB 524)ê

 

been filed, and even if a prosecuting attorney has declined to file charges or the charge has been dismissed.

      2.  Disclosure of investigative information pursuant to this section does not establish a duty to disclose any additional information concerning the same incident or make any disclosure of information obtained by an investigation, except as compelled by legal process.

      Sec. 15.  1.  Each state, municipal, county or metropolitan police agency shall permit a person, who is or believes he may be the subject of a record of criminal history maintained by that agency, to appear in person during normal business hours of the agency and inspect any recorded information held by that agency pertaining to him. This right of access does not extend to data contained in intelligence, investigative or other related files, and does not include any information other than that defined as a record of criminal history.

      2.  Each agency shall adopt regulations and make available necessary forms to permit inspection and review of Nevada records of criminal history by those persons who are the subjects thereof. The regulations must specify:

      (a) The reasonable periods of time during which the records are available for inspection;

      (b) The requirements for proper identification of the persons seeking access to the records; and

      (c) The reasonable charges or fees, if any, for inspecting records.

      3.  All law enforcement agencies which maintain communications with the repository of Nevada records of criminal history shall procure for and furnish to any person who requests it, and pays a reasonable fee therefor, all of the information contained in its records of criminal history which pertains to the person making the request.

      4.  The commission shall adopt regulations governing:

      (a) All challenges to the accuracy or sufficiency of records of criminal history by the person who is the subject of the allegedly inaccurate or insufficient record;

      (b) The correction of any record of criminal history found by the commission to be inaccurate, insufficient or incomplete in any material respect;

      (c) The dissemination of corrected information to those persons or agencies which have previously received inaccurate or incomplete information; and

      (d) A time limit of not more than 90 days within which an inaccurate or insufficient record of criminal history must be corrected and the corrected information disseminated. The corrected information must be sent to each person who requested the information in the 12 months preceding the date on which the correction was made, to the address given by each person who requested the information when the request was made.

      Sec. 16.  The commission is responsible for administering this chapter and may adopt regulations for that purpose. The commission shall:

      1.  Establish regulations for the security of the system of Nevada records of criminal history so that it is adequately protected from fire, theft, loss, destruction, other hazards and unauthorized access.

 


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ê1979 Statutes of Nevada, Page 1855 (Chapter 689, AB 524)ê

 

      2.  Adopt regulations and standards for personnel employed by agencies of criminal justice in positions of responsibility for maintenance and dissemination of records of criminal history.

      3.  Provide for audits of information systems by qualified public or private agencies, organizations or persons.

      Sec. 17.  Agencies of criminal justice may charge a reasonable fee for any Nevada records of criminal history furnished to any person or governmental entity except another agency of criminal justice.

      Sec. 18.  Any person who:

      1.  Willfully requests, obtains or seeks to obtain records of criminal history under false pretenses;

      2.  Willfully communicates or seeks to communicate records of criminal history to any agency or person except pursuant to this chapter; or

      3.  Willfully falsifies any record of criminal history or any record relating to records of criminal history,

is guilty of a misdemeanor.

      Sec. 19.  The system of criminal history records maintained by the Clark County data processing facility, supervised by the Las Vegas Metropolitan Police Department and known as SCOPE is designated for these purposes as a temporary repository for Nevada criminal history records.

 

________

 

 

CHAPTER 690, AB 609

Assembly Bill No. 609–Assemblymen Glover and Bergevin

CHAPTER 690

AN ACT relating to Carson City; amending its charter; changing the duties of certain officers; 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.  Section 1.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 287, is hereby amended to read as follows:

 

       Section 1.010  Preamble: Legislative intent.

       1.  In order to provide for the orderly government of Carson City and the general welfare of its citizens and to effect the consolidation of the governments and functions of Carson City and Ormsby County, the legislature hereby establishes this charter for the government of Carson City. It is expressly declared as the intent of the legislature that all provisions of this charter be liberally construed to carry out the expressed purposes of the charter and that the specific mention of particular powers shall not be construed as limiting in any way the general powers necessary to carry out purposes of the charter.

       2.  Any powers expressly granted by this charter are in addition to any powers granted to a city or county by the general law of this state and all such powers may by reasonable classification be exercised in [either the urban district or the Ormsby district, or both, as such districts are defined in section 1.050.]

 


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ê1979 Statutes of Nevada, Page 1856 (Chapter 690, AB 609)ê

 

state and all such powers may by reasonable classification be exercised in [either the urban district or the Ormsby district, or both, as such districts are defined in section 1.050.] one or more of the taxing districts. All provisions of Nevada Revised Statutes which are applicable to counties or generally to cities (not including chapter 265, 266 or 267 of NRS) or to both and which are not in conflict with the provisions of this charter apply to Carson City. If there is a conflict between the law pertaining to counties and the law pertaining to cities, the board of supervisors may, by resolution choose which law shall apply.

 

      Sec. 2.  Section 1.060 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 304, Statutes of Nevada 1973, at page 375, is hereby amended to read as follows:

 

       Sec. 1.060  Wards: Creation; boundaries.

       1.  Carson City shall be divided into four wards, which shall be as nearly equal in population as can be conveniently provided, and the territory comprising each ward shall be contiguous.

       2.  The boundaries of wards shall be established and changed by ordinance passed by a vote of at least three-fifths of the board of supervisors. The boundaries of wards shall be changed whenever the [number of registered voters] population in any ward exceeds the [number of registered voters] population in any other ward by more than 5 percent. On January 1 preceding any general election at which supervisors are to be elected, the [clerk shall ascertain from the current list of registered voters] board of supervisors shall ascertain whether or not the boundaries of the wards must be changed. In such event, the board of supervisors shall realign the boundaries of the wards to comply with this section within 90 days.

       3.  In determining population as required by this section the board of supervisors may utilize current and accurate population estimates or other methods found to be reliable.

 

      Sec. 3.  The charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 287, is hereby amended by adding to Article 1 thereof a new section to be designated as section 1.080, which shall immediately follow section 1.070 and shall read as follows:

 

       Sec. 1.080  Charter committee: Appointment; duties; removal of members.

       1.  The charter committee consists of nine members, appointed as follows:

       (a) One by each supervisor.

       (b) Two by the mayor.

       (c) One by each member of the senate and assembly delegation representing the residents of Carson City.

       2.  Each member:

       (a) Serves during the term of the officer who appointed him;

       (b) Must be a registered voter of Carson City; and

       (c) Must reside in Carson City during his term of office.

       3.  The charter committee shall:

       (a) Prepare recommendations to be presented to the board of supervisors or the legislature concerning all necessary amendments to the Carson City charter.

 


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ê1979 Statutes of Nevada, Page 1857 (Chapter 690, AB 609)ê

 

supervisors or the legislature concerning all necessary amendments to the Carson City charter.

       (b) Perform all functions and do all things necessary to accomplish the purposes for which it is established, including but not limited to holding meetings and public hearings, and obtaining assistance from Carson City officials.

       4.  Any member of the committee may be removed for missing three consecutive regular meetings or for any other cause by the public officer who appointed him. In case of removal, a replacement must be appointed by the officer who appointed the removed member.

 

      Sec. 4.  Section 2.180 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 298, is hereby amended to read as follows:

 

       Sec. 2.180  Power of board: Animals and poultry.

       1.  The board may:

       (a) Fix, impose and collect an annual per capita tax on all dogs and provide for the capture and disposal of all dogs on which the tax is not paid.

       (b) Regulate or prohibit the running at large within Carson City of all kinds of animals and poultry, establish a pound, appoint a poundkeeper and prescribe his duties, distrain and impound animals and poultry running at large, and provide for the sale or other disposition of such animals and poultry. The proceeds arising from the sale of such animals and poultry after the payment of all costs, shall go to the treasury to be disposed of according to law.

       (c) Prohibit cruelty to animals.

       2.  Any ordinance enacted pursuant to this section may, by reasonable classification, be made applicable, in whole or in part, to [either the urban district or the Ormsby district, as such districts are defined in section 1.050.] one or more of the taxing districts.

 

      Sec. 5.  The charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 287, is hereby amended by adding to Article 2 thereof a new section to be designated as section 2.285, which shall immediately follow section 2.280 and shall read as follows:

 

       Sec. 2.285  Power of board: Ambulance franchise.  The board may grant an exclusive franchise to provide ambulance services or to operate an ambulance within Carson City.

 

      Sec. 6.  The charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 287, is hereby amended by adding to Article 2 thereof two new sections to be designated as sections 2.320 and 2.330, which shall immediately follow section 2.310 and shall read as follows:

 

       Sec. 2.320  Power of board: Advisory boards.  The board may by resolution or ordinance create advisory boards comprised of elected and appointed officers and representatives of the people of Carson City to advise the board of supervisors in specific areas of local government, including without limitation public safety, public employees, finance, human resources and public property and facilities.

 


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ê1979 Statutes of Nevada, Page 1858 (Chapter 690, AB 609)ê

 

public employees, finance, human resources and public property and facilities.

       Sec. 2.330  Employees: Merit personnel system.

       1.  The board of supervisors shall establish a merit personnel system for all employees of Carson City except those exempted under the provisions of subsection 4.

       2.  The board of supervisors shall administer this section through the adoption of appropriate regulations which shall provide for:

       (a) The classification of all positions, not exempt from the merit personnel system, based on the duties, authority and responsibility of each position, with adequate provision for reclassification of any position whatsoever whenever warranted by changed circumstances.

       (b) A pay plan for all employees, including exempt employees other than elected officers that are covered in NRS 245.043.

       (c) Policies and procedures for regulating reduction in force and the removal of employees.

       (d) Hours of work, attendance regulations and provisions for sick and vacation leave.

       (e) Policies and procedures governing persons holding temporary or provisional appointments.

       (f) Policies and procedures governing relationships with employees and employee organizations.

       (g) Policies concerning employee training and development.

       (h) Grievance procedures.

       (i) Other policies and procedures necessary for the administration of a merit personnel system.

       3.  In the event of a conflict between the policies and procedures adopted pursuant to this section and the provisions of a collective bargaining agreement entered into pursuant to chapter 288 of NRS, the provisions of the agreement prevail.

       4.  There are exempted from the provisions of this section:

       (a) The manager and all department heads, elected or appointed;

       (b) All deputy district attorneys;

       (c) Not more than five supervisory deputy sheriffs; and

       (d) No more than two deputies each in the offices of the clerk, the treasurer, the recorder, the assessor, and any other department created by this charter or by ordinance.

 

      Sec. 7.  The charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 287, is hereby amended by adding to Article 3 thereof a new section to be designated as section 3.015, which shall immediately follow section 3.010 and shall read as follows:

 

       Sec. 3.015  Mayor pro tempore: Selection; duties.  The board shall elect one of its members, for such term as the board determines, to be mayor pro tempore. He shall:

       1.  Hold such office and title during the term for which he was elected without additional compensation.

       2.  Perform the duties of mayor during the absence or disability of the mayor.

 


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ê1979 Statutes of Nevada, Page 1859 (Chapter 690, AB 609)ê

 

      Sec. 8.  Section 3.030 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 532, Statutes of Nevada 1971, at page 1113, is hereby amended to read as follows:

 

Sec. 3.030  Clerk: Duties; salary.

       1.  The provisions of chapter 246 of NRS apply to the office of clerk [.] , except that all deputy clerks other than the two provided for in section 2.330 must be appointed pursuant to and are governed by the regulations for the merit personnel system.

       2.  The clerk shall:

       (a) Keep the corporate seal and all books and papers belonging to Carson City.

       (b) Attend all meetings of the board and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the board, the clerk shall attest the journal after it has been signed by the mayor.

       (c) Enter upon the journal the results of the vote of the board upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses or increasing or decreasing the rates of licenses.

       (d) Sign all warrants issued.

       [(d)](e) Number and countersign all licenses issued by Carson City. All licenses shall be in a form devised by the clerk and approved by the board.

       [(e) Establish, with the approval of the board, such bookkeeping controls and accounting systems as are necessary to carry out effectively the duties of his office. He shall keep an accurate account of all warrants and orders in such manner that the board can, at any time, ascertain the actual outstanding indebtedness of Carson City. He shall comply with the provisions of subsection 4 of NRS 251.030 and the recorder and auditor is relieved from the duties imposed by subsection 4 of NRS 251.030, it being the intention of the legislature that only one set of books be kept for Carson City.

       (f) Enter upon the journal the result of the vote of the board upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.

       (g)](f) Act as ex officio treasurer. The provisions of chapter 249 of NRS apply to the clerk while acting in such capacity [.] , except that all deputy treasurers other than the two provided for in section 2.330 must be appointed pursuant to and as governed by the regulations for the merit personnel system.

       (g) Invest all surplus money of Carson City.

       (h) Keep a record of the cash balances of each fund and reconcile them with the controller’s records.

       [(h)](i) Perform such other duties as may be required by the board, or by provisions of Nevada Revised Statutes which apply to a county clerk.

 


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ê1979 Statutes of Nevada, Page 1860 (Chapter 690, AB 609)ê

 

       3.  The clerk [shall receive] is entitled to an annual salary in the amount specified in NRS 245.043. The clerk shall not engage in any other business or occupation.

 

      Sec. 9.  Section 3.040 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 532, Statutes of Nevada 1971, at page 1114, is hereby amended to read as follows:

 

       Sec. 3.040  Recorder: [and auditor:] Duties; salary.

       1.  The provisions of chapter 247 of NRS apply to the recorder [and auditor.

       2.  Such official] , except that all deputy recorders other than the two provided for in section 2.330 must be appointed pursuant to and are governed by the regulations for the merit personnel system.

       2.  The recorder shall:

       (a) Serve as public administrator without additional salary but [shall be] is entitled to any fees provided by law for the public administrator. The provisions of chapter 253 of NRS apply to the office of recorder [and auditor] while performing the duties of public administrator.

       (b) [Extend the taxes on the assessment roll without any additional compensation.] With the approval of the board, institute, operate and maintain a system of records management for Carson City.

       (c) Perform such other duties as may be imposed by the board or by provisions of Nevada Revised Statutes which apply to county recorders. [or auditors, except the duties imposed by subsection 4 of NRS 251.030, which shall be performed by the clerk pursuant to the provisions of section 3.030.]

       3.  No fees may be charged by the recorder [and auditor] except as provided by law and all such fees are payable in advance, if demanded. If [such official] he does not receive the fees payable to him for services rendered by him, he may have execution therefor in his own name against the person from whom they are due, to be issued from the court, upon the order of the judge or court upon affidavit filed.

       4.  [The recorder and auditor is authorized to use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity may arise and upon approval of the board of supervisors, subject to the following conditions:

       (a) That the mechanical device shall be of such a nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.

       (b) That the use of the facsimile signature shall be made only under the direction and supervision of the officer whose signature it represents.

       (c) That all of the mechanical device shall at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the same.

       (d) That no facsimile signature produced through a mechanical device authorized by the provisions of this section shall be combined with the signature of another officer.

 


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ê1979 Statutes of Nevada, Page 1861 (Chapter 690, AB 609)ê

 

device authorized by the provisions of this section shall be combined with the signature of another officer.

       5.]  The recorder [and auditor shall receive] is entitled to an annual salary in the amount specified in NRS 245.043. The recorder shall not engage in any other business or occupation.

 

      Sec. 10.  Section 3.050 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 672, Statutes of Nevada 1969, at page 1469, is hereby amended to read as follows:

 

       Sec. 3.050  Assessor: Duties; salary.

       1.  The provisions of chapter 250 of NRS apply to the office of assessor [.] , except that all deputy assessors other than the two provided for in section 2.330 must be appointed pursuant to and are governed by the regulations for the merit personnel system.

       2.  The assessor shall perform such other duties as may be imposed by the board, or by provisions of Nevada Revised Statutes which apply to county assessors.

       3.  The assessor [shall receive] is entitled to an annual salary in the amount specified in NRS 245.043. The assessor shall not engage in any other business or occupation.

 

      Sec. 11.  Section 3.060 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 672, Statutes of Nevada 1969, at page 1470, is hereby amended to read as follows:

 

       Sec. 3.060  Sheriff: Duties; salary.

       1.  The provisions of chapter 248 of NRS apply to the office of sheriff [.] , except that all deputy sheriffs except the five described in section 2.330 must be appointed pursuant to and are governed by the regulations for the merit personnel system.

       2.  The sheriff shall:

       (a) Diligently enforce all ordinances of Carson City.

       (b) [Collect all amounts due on delinquent licenses and pay the amount collected to the treasurer.

       (c)] Perform such other duties as may be imposed by the board, or by provisions of Nevada Revised Statutes which apply to county sheriffs.

       3.  The sheriff shall not be answerable upon his official bond for the conduct of deputies appointed under the provisions of this charter, but the board may require of such deputies such bonds as it may deem proper.

       4.  The sheriff [shall receive] is entitled to an annual salary in the amount specified in NRS 245.043. The sheriff shall not engage in any other business or occupation.

 

      Sec. 12.  Section 3.070 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 672, Statutes of Nevada 1969, at page 1470, is hereby amended to read as follows:

 

       Sec. 3.070  District attorney: Duties; salary.

       1.  The provisions of chapter 252 of NRS apply to the office of district attorney for Carson City [.] but:

 


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ê1979 Statutes of Nevada, Page 1862 (Chapter 690, AB 609)ê

 

       (a) All deputy district attorneys serve at the pleasure of the district attorney; and

       (b) Deputy district attorneys shall not engage in the private practice of law after July 1, 1979.

       2.  The district attorney shall perform such other duties as may be imposed by the board or by provisions of Nevada Revised Statutes which apply to county district attorneys.

       3.  The district attorney may, subject to the approval of the board, contract for the services of special deputy district attorneys.

       4.  The district attorney [shall receive] is entitled to an annual salary in the amount specified in NRS 245.043.

 

      Sec. 13.  The charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 287, is hereby amended by adding to Article 3 thereof three new sections to be designated as sections 3.073, 3.075 and 3.077, which shall immediately follow section 3.070 and shall read as follows:

 

       Sec. 3.073  Controller: Appointment; compensation; duties.

       1.  The manager, with the confirmation of the board, shall appoint a controller. If there is no manager the board shall appoint the controller. The controller’s salary must be fixed by the board.

       2.  The controller:

       (a) Is the chief fiscal officer of Carson City under the direction of the manager, or the board if there is no manager.

       (b) Shall perform all of the duties required by county auditors by chapter 251 of NRS and other applicable state law. Particularly he shall comply with the provisions of subsection 4 of NRS 251.030, it being the intention of the legislature that only one set of books be kept for Carson City.

       (c) Shall establish, with the approval of the board, such bookkeeping controls and accounting systems as are necessary to carry out effectively the duties of his office.

       (d) Shall keep an accurate account of all warrants and orders in such manner that the board can, at any time, ascertain the actual indebtedness of Carson City.

       (e) As directed by the board, shall audit all books and records of any fund or department and report the findings to the board.

       (f) Shall prepare and maintain an accounting procedures manual for all departments and offices of Carson City.

       (g) Shall assist in the preparation of the budget.

       (h) Shall prepare cash flow projections for the purpose of assisting the treasurer in investing excess funds.

       (i) Shall reconcile cash balances with the treasurer monthly.

       (j) Shall perform other duties as directed by the manager.

       Sec. 3.075  Internal auditor: Appointment; compensation; duties.

       1.  The board shall appoint a part-time or full-time internal auditor and fix his compensation. The internal auditor shall report directly to the board.

       2.  The internal auditor shall:

 


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ê1979 Statutes of Nevada, Page 1863 (Chapter 690, AB 609)ê

 

       (a) Investigate each office and department of Carson City to determine compliance with the accounting procedures manual.

       (b) Recommend changes in accounting procedures which would, in the opinion of the internal auditor, improve efficiency of internal controls.

       (c) Conduct special investigations at the direction of the board into any financial matter of any office or department of Carson City.

       (d) Perform other duties as directed by the board.

       Sec. 3.077  Office of purchasing; purchasing agent.

       1.  There is created in Carson City an office of purchasing to be administered by a purchasing agent appointed by the manager. If there is no manager the board shall appoint the purchasing agent. The salary of the purchasing agent must be fixed by the board.

       2.  The purchasing agent shall:

       (a) Administer the purchasing program of Carson City, including the preparation, award and acceptance of formal contracts and bids for the purchase of materials, equipment and supplies for all offices and departments of Carson City.

       (b) Comply with the provisions of the Local Government Purchasing Act.

       (c) Within the limits of available money, maintain an inventory of supplies that are used on a repeated basis.

       (d) With the assistance of the controller, establish procedures for emergency purchases of materials, equipment and supplies by individual offices and departments.

       (e) Perform other duties as directed by the manager.

 

      Sec. 14.  Section 3.100 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 303, is hereby amended to read as follows:

 

       Sec. 3.100  Officers: Collection and disposition of moneys.

       1.  All taxes, fines, forfeitures or other moneys collected or recovered by any officer or person pursuant to the provisions of this charter or of any valid ordinance of Carson City shall be paid by the officer or person collecting or receiving them to the [clerk,] treasurer, who shall dispose of them in accordance with ordinances, regulations and procedures established by the board.

       2.  The board may by proper legal action collect all moneys which are due and unpaid to Carson City or any office thereof, and the board may pay from the general fund all fees and expenses necessarily incurred by it in connection with the collection of such moneys.

 

      Sec. 15.  The charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 287, is hereby amended by adding to Article 5 thereof a new section to be designated as section 5.005, which shall immediately precede section 5.010 and shall read as follows:

 

       Sec. 5.005  Nonpartisan offices.  The offices of Carson City which are required to be filled by election are hereby designated nonpartisan offices.

 


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ê1979 Statutes of Nevada, Page 1864 (Chapter 690, AB 609)ê

 

      Sec. 16.  Section 6.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as amended by chapter 306, Statutes of Nevada 1973, at page 378, is hereby amended to read as follows:

 

       Sec. 6.010  Local improvement law.  The board, upon behalf of [either the Ormsby district or the urban district, or both,] one or more of the taxing districts, and in their name, without any election, may from time to time acquire, improve, equip, operate and maintain, convert to or authorize, within or without such [district or] districts, or both within and without such [district or] districts:

 

       1.  Curb and gutter projects;

       2.  Drainage projects;

       3.  Offstreet parking projects;

       4.  Overpass projects;

       5.  Park projects;

       6.  Sanitary sewer projects;

       7.  Sidewalk projects;

       8.  Storm sewer projects;

       9.  Street projects;

       10.  Underpass projects;

       11.  Water projects; and

       12.  Underground electric and communication facilities.

 

      Sec. 17.  Section 6.020 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as amended by chapter 306, Statutes of Nevada 1973, at page 378, is hereby amended to read as follows:

 

       Sec. 6.020  Local improvement law: Collateral powers.  The board, on behalf of [the Ormsby district or the urban district, or both,] one or more of the taxing districts, and in their name, for the purpose of defraying all the cost of acquiring or improving, or acquiring and improving, or converting to, any project authorized by section 6.010, or any portion of the cost thereof not to be defrayed with moneys otherwise available therefor, is vested with the powers granted to municipalities by chapters 271 and 704A of NRS. If the board acts on behalf of [both districts,] more than one taxing district, property in [both] all those districts may be assessed. Whether the board acts on behalf of one or [both] more districts, the obligations imposed by NRS 271.495 and 271.500 apply to Carson City as a whole.

 

      Sec. 18.  Section 7.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 307, is hereby amended to read as follows:

 

       Sec. 7.010  Debt limit.

       1.  Carson City shall not incur an indebtedness for the taxing district or districts which incorporate the former urban district which with the indebtedness then outstanding for such district exceeds 10 percent of the total assessed valuation of the taxable property within the boundaries of the district, except indebtedness incurred for and related to the water supply of Carson City, as shown by the last preceding assessment for general (ad valorem) tax purposes.

 


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

ê1979 Statutes of Nevada, Page 1865 (Chapter 690, AB 609)ê

 

incurred for and related to the water supply of Carson City, as shown by the last preceding assessment for general (ad valorem) tax purposes. Indebtedness incurred by Carson City prior to the effective date of this charter shall be considered in determining the debt limitation of the taxing district or districts which incorporate the former urban district.

       2.  Carson City shall not incur an indebtedness for the city as a whole which with the indebtedness then outstanding for the city as a whole exceeds 10 percent of the total assessed valuation of the taxable property within the boundaries of the city, except indebtedness incurred for and related to the water supply of Carson City, as shown by the last preceding assessment for general (ad valorem) tax purposes. Indebtedness incurred by Ormsby County prior to the effective date of this charter shall be considered in determining the debt limitation of the city as a whole.

       3.  Any indebtedness of Carson City incurred prior to the effective date of this charter, or of the taxing district or districts which incorporate the former urban district, shall not be considered in determining the debt limitation of the city as a whole. Any indebtedness of Ormsby County incurred prior to the effective date of this charter, or of the city as a whole incurred after the effective date of this charter, shall not be considered in determining the debt limitation of the taxing district or districts which incorporate the former urban district.

       4.  In determining any debt limitation under this section, there shall not be counted as indebtedness:

       (a) Any revenue bonds, unless the full faith and credit of the city is also pledged to their payment.

       (b) Any special assessment bonds, although a deficiency in the proceeds of the assessments is required to be paid from the general fund of the city.

       (c) Any short-term securities issued in anticipation of and payable from property taxes levied for the current fiscal year.

 

      Sec. 19.  Section 7.030 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as amended by chapter 305, Statutes of Nevada 1975, at page 420, is hereby amended to read as follows:

 

       Sec. 7.030  Borrowing money.

       1.  Subject to the limitations imposed by this article, Carson City may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this chapter or by Nevada Revised Statutes for a city or county or both, and for such purpose may issue bonds or other securities. The Local Government Securities Law applies to all securities so issued.

       2.  The board shall submit any proposal to borrow money, except short-term financing, as defined and authorized by chapter 354 of NRS, to the registered voters of the affected area in the manner provided by NRS 350.010 to 350.070, inclusive.

       3.  If the indebtedness is for the taxing district or districts which incorporate the former urban district:

 


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

ê1979 Statutes of Nevada, Page 1866 (Chapter 690, AB 609)ê

 

       (a) The question shall be submitted only to the registered voters residing in the [urban] district [.] or districts affected.

       (b) Any property tax levied to pay the principal of or interest on such indebtedness shall be levied only upon taxable property within [the urban] that district [.] or districts affected.

       4.  If the indebtedness is for the city as a whole:

       (a) The question shall be submitted to the registered voters of the city.

       (b) Any property tax levied to pay the principal of or interest on such indebtedness shall be levied upon all taxable property within the city.

       5.  Any ordinance pertaining to the sale or issuance of bonds or other securities may be adopted in the same manner as is provided for cases of emergency. A declaration by the board in any ordinance that it is of this kind shall be conclusive in the absence of fraud or gross abuse of discretion.

 

      Sec. 20.  Section 7.050 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 309, is hereby amended to read as follows:

 

       Sec. 7.050  Bonded indebtedness of Ormsby County and Carson City.

       1.  The bonded indebtedness of Ormsby County incurred prior to the effective date of this charter [shall continue] continues to be an obligation of Carson City and the board shall continue annually to levy a special tax on all the taxable property within Carson City and shall cause it to be collected until all such bonded indebtedness is retired in full.

       2.  The bonded indebtedness of Carson City incurred prior to the effective date of this charter [shall continue] continues to be an obligation of the taxing district or districts which incorporate the former urban district and the board shall continue annually to levy a special tax on all the taxable property within [the urban] that district and shall cause it to be collected until all such bonded indebtedness is retired in full.

 

      Sec. 21.  Section 8.010 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 309, is hereby amended to read as follows:

 

       Sec. 8.010  Municipal taxes.

       1.  The board shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy taxes at the appropriate rates upon the assessed value of all real and personal property within the [urban district and the Ormsby district, respectively.] taxing districts. The taxes so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed and provided in the revenue laws of the state for the collection of state and county taxes. The revenue laws of the state shall, in every respect not inconsistent with the provisions of this charter, be applicable and so held to the levying, assessing and collecting of the municipal taxes.

 


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

ê1979 Statutes of Nevada, Page 1867 (Chapter 690, AB 609)ê

 

so held to the levying, assessing and collecting of the municipal taxes.

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

       3.  Whenever or wherever practicable and expedient, all forms and blanks used in levying, assessing and collecting the revenues of the state and the several counties shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of Carson City. The board shall enact all such ordinances as it may deem necessary and not inconsistent with this charter and the laws of the state for the prompt, convenient and economical collecting of the revenue.

 

      Sec. 22.  Article 10 of the charter of Carson City, being chapter 213, statutes of Nevada 1969, at page 310, including all of its sections, is hereby repealed.

      Sec. 23.  NRS 251.070 is hereby amended to read as follows:

      251.070  1.  County auditors in counties wherein the total vote at the last general election did not exceed 800, and county auditors in counties wherein the total vote at the last general election exceeded 800, shall be allowed the following fees:

 

                                                                                                             Counties               Counties

                                                                                                              Polling                 Polling

                                                                                                            800 Votes             Over 800

                                                                                                              or Less                 Votes

For filing treasurer’s receipts and issuing licenses, to be paid by the party....................................................................         $0.50  $0.25

For all services rendered by him in the discharge of the duties imposed on him by law, other than those specially enumerated, for each folio.............................             .30      .20

For filing and endorsing each paper...........................             .25      .20

 

      2.  County auditors shall receive no fees for filing and endorsing the property schedules rendered them by the county assessors.

      3.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, county auditors shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

      4.  The [auditor] controller of Carson City shall be allowed the same fees as are allowed county auditors in counties wherein the total vote at the last general election did not exceed 800.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1868ê

 

CHAPTER 691, AB 673

Assembly Bill No. 673–Committee on Health and Welfare

CHAPTER 691

AN ACT relating to podiatry; increasing the number of members on the state board of podiatry; requiring the continuing professional education of podiatrists; lowering the age of eligibility for podiatry hygienists and removing the limit on the number who may be employed by a podiatrist; 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 635 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  After October 31, 1980, each podiatrist must, at the time of paying the annual registration fee, present to the secretary-treasurer of the board satisfactory evidence that during the preceding 12 months he attended a post graduate or other educational program approved by the board for purposes of continuing professional education. The board may waive all or part of the requirement of continuing education in a particular year if the podiatrist was prevented from that attendance by circumstances beyond his control.

      2.  If a podiatrist fails to provide proof of his continuing education and does not obtain a waiver from the board, the secretary-treasurer shall not renew his license.

      Sec. 2.  NRS 635.020 is hereby amended to read as follows:

      635.020  1.  The state board of podiatry, consisting of [three] five members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) [Two] Four members who are registered and licensed podiatrists in the State of Nevada.

      (b) One member who is a representative of the general public.

      3.  The members of the board are entitled to receive:

      (a) A salary of not more than $40 per day, as fixed by the board, while engaged in the business of the board.

      (b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on the business of the board.

      4.  The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.

      Sec. 3.  NRS 635.093 is hereby amended to read as follows:

      635.093  1.  Any person desiring to be licensed as a podiatry hygienist in this state [shall] must furnish the board with satisfactory proof that he:

      (a) Is [21] 18 years of age or over.

      (b) Is of good moral character.

      (c) Is a citizen of the United States.

      (d) Has satisfactorily completed a course for podiatry hygienists approved by the board or has had 6 months or more of training in a podiatrist’s office.

 


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

ê1979 Statutes of Nevada, Page 1869 (Chapter 691, AB 673)ê

 

      2.  Upon payment of a fee of $50 to the board and presenting satisfactory proof as required by subsection 1, an applicant, not exempted under subsection 3, [shall] must be examined by the board or a committee thereof under such regulations as the board may adopt.

      3.  The board may, without examination, admit to practice as a podiatry hygienist a person who is employed by a podiatrist and is:

      (a) A registered nurse; or

      (b) A licensed practical nurse whom the board or any of its members have interviewed and observed in the use of practical skills.

      Sec. 4.  NRS 635.097 is hereby amended to read as follows:

      635.097  [1.]  The holder of a license or current renewal certificate to practice as a podiatry hygienist [shall have the right to] may be employed as a podiatry hygienist in this state only in the office of a duly licensed podiatrist.

      [2.  No podiatrist in private practice shall employ more than two podiatry hygienists at the same time.]

      Sec. 5.  NRS 635.110 is hereby amended to read as follows:

      635.110  1.  On or before October 1 in each year, the board shall mail to each person licensed to practice podiatry or licensed as a podiatry hygienist in this state, at the last-known office or residence address of [such] the person, a blank form of application for registration. The failure to mail such a form [of application] or the failure to receive it does not relieve any person of the duty to register and pay the fee required by this section nor exempt [such person] him from the penalties provided by this chapter for failure to register.

      2.  Every person duly licensed to practice podiatry or licensed as a podiatry hygienist in this state [shall] must annually on or before October 31 apply to the board for a certificate of registration for the ensuing year. The application [shall] must be made on the form furnished by the board, and [shall] must state:

      (a) The applicant’s full name and his office and residence address.

      (b) The date and number of the license [of the applicant] issued to him for the practice of podiatry or as a podiatry hygienist in this state.

      (c) Such other facts as tend to identify the applicant and his license to practice podiatry or as a podiatry hygienist in this state as the board deems necessary.

      3.  Each applicant for registration under this section [shall] must submit with his application a registration fee to be paid to the secretary-treasurer of the board for the year for which registration is sought. If the application is filed and the fee [paid prior to] is paid on or before November 1 at the beginning of the year for which registration is sought, the fee is $50 for license holders who are residents of this state and $100 for all other license holders. If the application is filed and the fee paid after November 1, the amount of the fee [shall be] is increased by $2 for each month or part of a month from November 1 of such a year to the date when the application is filed and the fee paid.

      4.  Upon due application therefor and upon submission by [such person] the applicant of evidence satisfactory to the board that [the person] he is licensed to practice podiatry [or] and has satisfied the requirements for continuing education, or is licensed as a podiatry hygienist in this state, and upon the payment of the fees required to be paid by this chapter, the board shall issue to the applicant a certificate of registration under the seal of the board.

 


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

ê1979 Statutes of Nevada, Page 1870 (Chapter 691, AB 673)ê

 

for continuing education, or is licensed as a podiatry hygienist in this state, and upon the payment of the fees required to be paid by this chapter, the board shall issue to the applicant a certificate of registration under the seal of the board. The certificate [shall] must recite that the person named therein is duly registered for the year specified. The certificate [shall] must contain the name of the person to whom it is issued and the office address and residence address of [such] the person, the date and number of the license issued to [such person] him to practice podiatry or as a podiatry hygienist, and such other information as the board deems advisable.

      Sec. 6.  NRS 454.490 is hereby amended to read as follows:

      454.490  1.  All sales of hypodermic devices sold without prescription [shall] must at the time of sale be recorded by the person making the sale. The record [shall] must show the date, the name and address of the purchaser, the size, type and quantity of devices sold, the name or initials of the person making the sale and the purpose for which the device is to be used. It [shall be] is the responsibility of the seller to ascertain, to his satisfaction, that the device is to be legitimately used for the purpose stated by the purchaser. The record [shall] must be retained for [a period of] 3 years from the date of the last entry thereon and [shall] must be open to inspection by authorized officers of the law acting in their official capacity.

      2.  The recording of sales required by this section does not apply to the sale of hypodermic devices by manufacturers, wholesalers, pharmacies or persons holding retail hypodermic permits, not otherwise limited, when such sales are made to other manufacturers, wholesalers or pharmacies, or to physicians, dentists, [chiropodists,] podiatrists, veterinarians, hospitals, registered nurses or other [permittees.] holders of permits.

      3.  The provisions of subsections 1 and 2 [shall] do not apply to a physician, dentist or veterinarian when furnishing a hypodermic device to a patient for use in the treatment of the patient.

      Sec. 7.  NRS 632.010 is hereby amended to read as follows:

      632.010  As used in this chapter:

      1.  “Accredited school of nursing” means a school of nursing which is accredited by the board or other body or agency authorized by law to accredit or approve schools of nursing in the state in which the school is located.

      2.  “Board” means the state board of nursing.

      3.  “Certified registered nurse anesthetist” means a person who has completed a nationally accredited program in the science of anesthesia, who, when licensed as a registered nurse under the provisions of this chapter, administers anesthetic agents to a person under the care of those persons licensed by the State of Nevada to practice dentistry, surgery or obstetrics.

      4.  “Emergency” means an unforeseen combination of circumstances calling for immediate action.

      5.  “Licensed practical nurse” means a person who is licensed to practice practical nursing as defined in subsection 6 of this section and as provided in this chapter.

 


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

ê1979 Statutes of Nevada, Page 1871 (Chapter 691, AB 673)ê

 

      6.  “Practice of practical nursing” means the performance for compensation of selected acts in the care of the ill, injured or infirm under the direction of a registered professional nurse, a licensed physician, a licensed dentist or a licensed [chiropodist,] podiatrist, not requiring the substantial specialized skill, judgment and knowledge required in professional nursing.

      7.  “Practice of professional nursing” means the performance for compensation of any act in the observation, care and counsel of the ill, injured or inform, in the maintenance of health or prevention of illness of others, in the supervision and teaching of other personnel, or in the administration of medications and treatments as prescribed by a licensed physician, a licensed dentist or licensed [chiropodist,] podiatrist, requiring substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical and social science, but does not include acts of medical diagnosis or prescription of therapeutic or corrective measures. A professional nurse may also perform such additional acts, under emergency or other special conditions prescribed by regulations adopted by the board, which [shall] include special training, as are recognized by the medical and nursing professions as proper to be performed by a professional nurse under those conditions, even though the acts might otherwise be considered diagnosis and prescription, but nothing in this chapter authorizes professional nurses to perform those functions and duties specifically delegated by law to [those] persons licensed as dentists, podiatrists, optometrists or chiropractors.

      8.  “Registered nurse” means a person who is licensed to practice professional nursing.

 

________

 

 

CHAPTER 692, AB 784

Assembly Bill No. 784–Committee on Commerce

CHAPTER 692

AN ACT relating to landlords and tenants of mobile home lots; revising provisions governing the renting and leasing of mobile home lots; changing the procedure relating to unlawful detainer of mobile home lots; restricting renting of lots by dealers, installers and salesmen of mobile homes; providing 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.  Chapter 118 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.4 and 1.6 of this act.

      Sec. 1.4.  The provisions of NRS 118.230 to 118.340, inclusive, and section 1.6 of this act do not apply to mobile home parks operated by public housing authorities and established pursuant to the United States Housing Act of 1937, as amended (now 42 U.S.C. §§ 1437 et seq.).

      Sec. 1.6.  1.  The governing body of each city and county may establish a board to mediate grievances between landlords and tenants of mobile home parks.

 


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

ê1979 Statutes of Nevada, Page 1872 (Chapter 692, AB 784)ê

 

      2.  The board must include owners of mobile home parks, tenants of mobile home parks and members representing the general public.

      3.  The board shall:

      (a) Attempt to adjust grievances between the landlords and tenants by means of mediation or negotiation.

      (b) Recommend changes in local ordinances related to mobile homes and mobile home parks.

      (c) Recommend measures to promote equity between tenant and landlord.

      (d) Encourage the development of mobile home parks to meet the needs of the community.

      Sec. 2.  NRS 118.230 is hereby amended to read as follows:

      118.230  As used in NRS 118.230 to 118.340, inclusive [:] , and section 1 of this act:

      1.  “Landlord” means the owner, lessor or operator of a mobile home park.

      2.  “Mobile home” means a vehicular structure without independent motive power, built on a chassis or frame, which is:

      (a) Designed to be used with or without a permanent foundation;

      (b) Capable of being drawn by a motor vehicle; and

      (c) Used as and suitable for year-round occupancy as a residence, when connected to utilities, by one person who maintains a household or by two or more persons who maintain a common household.

      3.  “Mobile home lot” means a portion of land within a mobile home park which is rented or held out for rent to accommodate a mobile home.

      4.  “Mobile home park” or “park” means an area or tract of land where two or more mobile homes or mobile home lots are rented or held out for rent. “Mobile home park” does not include an area or tract of land where more than half of the lots are rented overnight or for less than 1 month.

      Sec. 3.  NRS 118.241 is hereby amended to read as follows:

      118.241  [Any] A written rental contract or lease must be executed between a landlord and tenant to rent or lease any mobile home lot at the request of either the landlord or the tenant. The written rental contract or lease [to be used in renting or leasing any mobile home lot shall] must contain but is not limited to provisions relating to the following subjects:

      1.  Duration of the agreement.

      2.  Amount of rent [and] , the manner and time of its payment [.] and the amount of any charges for late payment and dishonored checks.

      3.  Restrictions on and charges for occupancy by children or pets.

      4.  Services and utilities included with the lot rental and the responsibility of maintaining or paying for the services and utilities.

      5.  Fees which may be required and the purposes for which they are required.

      6.  Deposits which may be required and the conditions for their refund.

      7.  Maintenance which the tenant is required to perform [.] and any appurtenances he is required to provide.

      8.  The name and address of the owner of the mobile home park or his authorized agent.

      9.  Any restrictions on subletting.

 


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

ê1979 Statutes of Nevada, Page 1873 (Chapter 692, AB 784)ê

 

      10.  The number of and charges for persons who are to occupy a mobile home on the lot.

      11.  Any recreational facilities and other amenities provided to the tenant.

      Sec. 4.  NRS 118.243 is hereby amended to read as follows:

      118.243  Any provision in a rental agreement for a mobile home lot which provides that the tenant:

      1.  Agrees to waive or forego any rights or remedies afforded by [NRS 118.230 to 118.340, inclusive;] this chapter;

      2.  Authorizes any person to confess judgment on any claim arising out of the rental agreement;

      3.  Agrees to pay the landlord’s attorney’s fees, except that the agreement may provide that attorney’s fees may be awarded to the prevailing party in the event of court action; or

      4.  Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or costs connected therewith, if the liability is based upon an act or omission of the landlord or any agent or employee of the landlord,

is void.

      Sec. 5.  NRS 118.245 is hereby amended to read as follows:

      118.245  The landlord shall provide each tenant with the text of the provisions of NRS 118.230 to 118.340, inclusive, and sections 1.4 and 1.6 of this act in the rental agreement and in a notice posted in a conspicuous place in the park’s community or recreation facility or other common area.

      Sec. 6.  NRS 118.249 is hereby amended to read as follows:

      118.249  1.  Any payment, deposit, fee, or other charge which is required by the landlord in addition to periodic rent, utility charges or service fees and is collected as prepaid rent or a sum to compensate for any tenant default is a “deposit” governed by the provisions of this section.

      2.  The landlord shall maintain a separate record of the deposits.

      3.  All deposits are refundable, and upon termination of the tenancy the landlord may claim from a deposit only such amounts as are reasonably necessary to remedy tenant defaults in the payment of rent, utility charges or service fees and to repair damage to the park caused by the tenant. The landlord shall provide the tenant with an itemized written accounting of the disposition of the deposit. Any refund [shall] must be sent to the tenant within 21 days after the tenancy is terminated.

      4.  Upon termination of the landlord’s interest in the mobile home park, the landlord shall either transfer to his successor in interest that portion of the deposit remaining after making any deductions allowed under this section or return [such] that portion to the tenant.

      5.  The claim of the tenant to any deposit to which he is entitled by law takes precedence over the claim of any creditor of the landlord.

      Sec. 7.  NRS 118.260 is hereby amended to read as follows:

      118.260  1.  The landlord may adopt rules or regulations concerning the tenant’s use and occupancy of the mobile home lot and the grounds, areas and facilities of the mobile home park held out for the use of tenants generally.

      2.  All such rules or regulations [shall] must be:

 


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

ê1979 Statutes of Nevada, Page 1874 (Chapter 692, AB 784)ê

 

      (a) Reasonably related to the purpose for which they are adopted;

      (b) Sufficiently explicit in their prohibition, direction or limitation to inform the tenant of what he must do or not do for compliance;

      (c) Adopted in good faith and not for the purpose of evading any obligation of the landlord arising under the law; [and]

      (d) Consistent with a general plan of operation, construction or improvement, and must not arbitrarily restrict conduct or unreasonably require a change in any capital improvement made by the tenant and previously approved by the landlord; and

      (e) Uniformly enforced against all tenants in the park, including the [resident] managers.

      3.  No rule or regulation may be used to impose any additional charge for occupancy of a mobile home lot.

      4.  Except as provided in subsection [4, such] 5, a rule or regulation is enforcible against the tenant only if he has notice of it at the time he enters into the rental agreement. A rule or regulation adopted or amended after the tenant enters into the rental agreement is not enforcible unless the tenant consents to it or is given 60 days’ notice of it in writing.

      [4.]5.  A rule or regulation pertaining to recreational facilities in the mobile home park may be amended and enforced by the landlord without the tenant’s consent if the tenant is given 10 days’ written notice of the amendment.

      6.  The landlord may adopt any rules or regulations which are not inconsistent with the provisions of this chapter.

      Sec. 8.  NRS 118.270 is hereby amended to read as follows:

      118.270  The landlord or his agent or employee shall not:

      1.  Charge [:] or receive:

      (a) Any entrance or exit fee to a tenant assuming or leaving occupancy of a mobile home lot.

      (b) Any transfer or selling fee or commission as a condition to permitting a tenant to sell his mobile home within the mobile home park even if the mobile home is to remain within the park, unless the landlord has acted as the mobile home owner’s agent in the sale pursuant to a written contract.

      (c) Any security or damage deposit the purpose of which is to avoid compliance with the provisions of subsection 5.

      (d) Any fee for the tenant’s spouse or children other than as provided in the lease.

      (e) Any unreasonable fee for pets kept by a tenant in the park. If special facilities or services are provided, the landlord may also charge a fee reasonably related to the cost of maintenance of the facility or service and the number of pets kept in the facility.

      2.  Increase rent or service fees unless:

      (a) The rental rates or the increase in service fees applies in a uniform manner to all tenants similarly situated or, if it is a service fee, to a given circumstance [;] , except that a discount may be selectively given to persons who are handicapped or who are 62 years of age or older; and

      (b) Written notice advising [the] a tenant of the increase is sent to the tenant 60 days in advance of the first payment to be increased [.] and written notice of the increase is given to prospective tenants on or before commencement of their tenancy.

 


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

ê1979 Statutes of Nevada, Page 1875 (Chapter 692, AB 784)ê

 

      3.  Deny any tenant the right to sell his mobile home within the park or require the tenant to remove the mobile home from the park solely on the basis of such sale, except as provided in NRS 118.280.

      4.  Prohibit any tenant desiring to sell his mobile home within the park from advertising the location of the mobile home and the name of the mobile home park or prohibit the tenant from displaying at least one sign of reasonable size advertising the sale of the mobile home.

      5.  Prohibit any meetings held in the park’s community or recreation facility by the tenants or occupants of any mobile home in the park to discuss mobile home living and affairs, or any tenant-sponsored political meeting, if such meetings are held at reasonable hours and when the facility is not otherwise in use.

      6.  Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this subsection is liable to the tenant for actual damages and $100 in exemplary damages for each day that the tenant is deprived of utility service.

      7.  Require that he be an agent of an owner of a mobile home who desires to sell the mobile home.

      8.  Unless prohibited by a written lease or a general rule or regulation of the park if there is no written lease, unreasonably prohibit a tenant from subleasing his mobile home lot if the prospective subtenant meets the general requirements for tenancy in the park.

      Sec. 9.  NRS 118.280 is hereby amended to read as follows:

      118.280  1.  The landlord may require approval of a prospective buyer and tenant [prior to] before the sale of a tenant’s mobile home, if the mobile home will remain in the park. The landlord shall not unreasonably withhold his consent.

      2.  If a tenant sells his mobile home, the landlord may require that the mobile home be removed from the park if the mobile home is:

      (a) [Less than 12 feet wide;

      (b) More than 10 years old;

      (c)] Deemed by the landlord to be in a rundown condition or in disrepair; or

      [(d)](b) Unoccupied for more than [120] 90 consecutive days [prior to] before the sale.

      Sec. 10.  NRS 118.291 is hereby amended to read as follows:

      118.291  1.  Except as provided in subsection 4, an oral or written agreement between a landlord and tenant for a mobile home lot in a mobile home park in this state [shall] must not be terminated by the landlord except upon notice in writing to the tenant served in the manner provided in NRS 40.280:

      (a) [Thirty days in advance if the mobile home does not exceed 16 feet in width.

      (b) Forty-five days if the mobile home exceeds 16 feet in width.

      (c)] Five days in advance if the termination is because the conduct of the tenant constitutes a nuisance as described in subsection 6 of NRS 118.295.

      (b) Ten days in advance if the termination is because of failure of the tenant to pay rent, utility charges or reasonable service fees.

      (c) Forty-five days in advance if the termination is for any other reason.

 


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ê1979 Statutes of Nevada, Page 1876 (Chapter 692, AB 784)ê

 

      2.  The landlord shall specify in the notice the reason for the termination of the agreement. The reason relied upon for the termination [shall] must be set forth with specific facts so that the date, place and circumstances concerning the reason for the termination can be determined. [Reference] The termination must be in accordance with the provisions of NRS 118.295 and reference alone to a provision of [NRS 118.295] that section does not constitute sufficient specificity under this subsection.

      3.  If a tenant remains in possession of the mobile home lot with the landlord’s consent after expiration of the term of the rental agreement, the tenancy is from week-to-week in the case of a tenant who pays weekly rent, and in all other cases the tenancy is from month-to-month. The tenant’s continued occupancy [shall be] is on the same terms and conditions as were contained in the rental agreement unless specifically agreed otherwise in writing.

      4.  The landlord and tenant may agree to a specific date for termination of the agreement.

      Sec. 11.  NRS 118.295 is hereby amended to read as follows:

      118.295  The rental agreement described in NRS 118.291 may not be terminated except for:

      1.  Failure of the tenant to pay rent, utility charges or reasonable service fees within 10 days after written notice of delinquency served upon the tenant in the manner provided in NRS 40.280;

      2.  Failure of the tenant to correct any noncompliance with a law, ordinance or governmental regulation pertaining to mobile homes or a valid rule or regulation established pursuant to NRS 118.260 or to cure any violation of the rental agreement within a reasonable time after receiving notification of noncompliance or violation;

      3.  Conduct of the tenant in the mobile home park which constitutes an annoyance to other tenants or interferes with park management;

      4.  Violation of valid rules of conduct, occupancy or use of park facilities after written notice of the violation is served upon the tenant in the manner provided in NRS 40.280;

      5.  Condemnation or a change in land use of the mobile home park [; or] if the landlord notifies the tenant in writing at least 6 months before the termination or pays the costs of moving the tenant’s mobile home to a new location no more than 10 miles distant; or

      6.  Conduct of the tenant which constitutes a nuisance as defined in NRS 40.140 [.] or which violates a state law or local ordinance.

      Sec. 12.  NRS 118.330 is hereby amended to read as follows:

      118.330  The landlord and the tenant may agree that any controversy relating to any matter arising under NRS 118.230 to 118.340, inclusive, and sections 1.4 and 1.6 of this act, or under a rental agreement may be submitted for arbitration. [as provided by law.]

      Sec. 13.  NRS 118.340 is hereby amended to read as follows:

      118.340  [Any] 1.  Except as otherwise provided in subsection 2, any landlord who violates any of the provisions of NRS 118.241 to 118.310, inclusive, [and NRS 118.330] is guilty of a misdemeanor.

      2.  Any landlord who violates paragraph (a) of subsection 1 of NRS 118.270:

      (a) For the first offense, is guilty of a misdemeanor.

      (b) For the second offense, is guilty of a gross misdemeanor.

 


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ê1979 Statutes of Nevada, Page 1877 (Chapter 692, AB 784)ê

 

      (c) For the third or subsequent offense, 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. 14.  NRS 40.215 is hereby amended to read as follows:

      40.215  As used in NRS 40.220 to 40.420, inclusive, unless the context requires otherwise:

      1.  “Mobile home” means every vehicle, including equipment, which is constructed, reconstructed or added to in such a way as to have an enclosed room or addition occupied by one or more persons as a dwelling or sleeping place and which has no foundation other than wheels, jacks, skirting or other temporary support.

      2.  “Mobile home lot” means a portion of land within a mobile home park which is rented or held out for rent to accommodate a mobile home.

      3.  “Mobile home park” or “park” means an area or tract of land where two or more mobile homes or mobile home lots are rented or held out for rent. “Mobile home park” does not include an area or tract of land where more than half of the lots are rented overnight or for less than 1 month.

      4.  “Premises” includes a mobile home.

      Sec. 15.  NRS 40.250 is hereby amended to read as follows:

      40.250  1.  A tenant of real property or a mobile home for a term less than life is guilty of an unlawful detainer:

      (a) Possession after expiration of term. Where he continues in possession, in person or by subtenant, of the property or mobile home or any part thereof, after the expiration of the term for which it is let to him. In all cases where real property is leased for a specified term or period, or by express or implied contract, whether written or parol, the tenancy [shall be terminated] terminates without notice at the expiration of [such] the specified term or period.

      (b) Possession after notice. When, having leased:

             (1) Real property, except as provided in subparagraph (2) [,] or (3), or a mobile home for an indefinite time, with monthly or other periodic rent reserved, he continues in possession thereof, in person or by subtenant, without the landlord’s consent after expiration of a notice of at least 7 days in cases of tenancies from week to week and 30 days for all other periodic tenancies; or, in cases of tenancy at will, where he remains in possession of such premises after the expiration of a notice of not less than 5 days; [or]

             (2) A dwelling unit subject to the provisions of chapter 118A of NRS he continues in possession, in person or by subtenant, without the landlord’s consent after expiration of:

             (I) The term of the rental agreement or its termination; and

             (II) Except as otherwise provided in sub-subparagraph (III), a notice of at least 7 days in cases of tenancies from week to week and 30 days for all other periodic tenancies.

             (III) A notice of 5 days where the tenant has failed to perform his basic or contractual obligations under chapter 118A of NRS [.] ; or

             (3) A mobile home lot subject to the provisions of chapter 118 of NRS he continues in possession, in person or by subtenant, without the landlord’s consent, after notice has been given pursuant to NRS 118.291 and the period of the notice has expired.

 


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ê1979 Statutes of Nevada, Page 1878 (Chapter 692, AB 784)ê

 

      (c) Possession after default in rent. When he continues in possession, in person or by subtenant, after default in the payment of any rent and after a notice in writing, requiring in the alternative the payment of the rent or the surrender of the detained premises, [shall have remained] remains uncomplied with for a period of 5 days, or in the case of a mobile home lot, 10 days after service thereof. [Such] The notice may be served at any time after the rent becomes due.

      (d) Assignment, sublease contrary to covenants of lease; waste; nuisance. When he assigns or sublets the leased premises contrary to the covenants of the lease, or commits or permits waste thereon, or when he sets up or carries on therein or thereon any unlawful business, or when he suffers, permits or maintains on or about the premises any nuisance, and remains in possession after service upon him of 3 days’ notice to quit.

      (e) Possession after failure to perform conditions of lease. When he continues in possession, in person or by subtenant, after a neglect or failure to perform any condition or covenant of the lease or agreement under which the property or mobile home is held, other than those hereinbefore mentioned, and after notice in writing, requiring in the alternative the performance of such condition or covenant or the surrender of the property, served upon him, and, if there be a subtenant in actual occupation of the premises, also upon such subtenant, [shall remain] remains uncomplied with for 5 days after the service thereof. Within 3 days after the service, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person, interested in its continuance, may perform [such] the condition or covenant and thereby save the lease from forfeiture; but if the covenants and conditions of the lease, violated by the lessee, cannot afterwards be performed, then no notice [as last prescribed herein] need be given.

      2.  The periods of time contained in subsection 1 are minimal, and any attempt by the landlord to shorten [such] those periods by contract or otherwise is void and unlawful.

      3.  In addition to the remedy provided by paragraph (b) of subsection 1 and by NRS 40.290 to 40.420, inclusive, when the tenant of a dwelling unit subject to the provisions of chapter 118A of NRS or of a mobile home is guilty of an unlawful detainer, the landlord is entitled to the summary procedures provided in NRS 40.253 except that:

      (a) Written notice to surrender the premises [shall:] must:

             (1) Be given to the tenant in accordance with the provisions of NRS 40.280; and

             (2) Advise the tenant of his right to contest the notice by filing within 5 days an affidavit with the justice of the peace that he is not guilty of an unlawful detainer.

      (b) The affidavit of the landlord or his agent submitted to the justice of the peace [shall] must contain:

             (1) The date when the tenancy commenced, the term of the tenancy, and, if any, a copy of the rental agreement.

             (2) The date when the tenancy or rental agreement allegedly terminated.

             (3) The date when the tenant became subject to the provisions of subsection 1 together with any supporting facts.

             (4) The date when the written notice was given, a copy of the notice and a statement that notice was served in accordance with NRS 40.280.

 


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ê1979 Statutes of Nevada, Page 1879 (Chapter 692, AB 784)ê

 

notice and a statement that notice was served in accordance with NRS 40.280.

             (5) A statement that the claim for relief was authorized by law.

      4.  For the purposes of this section, unless it is affirmatively shown that one or more colessors of real property or a mobile home did not authorize the giving of a notice to quit or surrender the premises, the notice is valid.

      Sec. 16.  NRS 40.253 is hereby amended to read as follows:

      40.253  1.  [In] Except as provided in subsection 4, in addition to the remedy provided by paragraph (c) of subsection 1 of NRS 40.250 and by NRS 40.290 to 40.420, inclusive, when the tenant of any dwelling, apartment, mobile home or commercial premises with periodic rent reserved by the month or any shorter period, is in default in payment of the rent, the landlord or his agent, unless otherwise agreed in writing, may serve or have served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises at or before noon of the fifth full day following the date of service. The notice must advise the tenant of his right to contest the matter by filing, within 5 days, an affidavit with the justice of the peace that he has tendered payment or is not in default in the payment of the rent. If the tenant timely files the affidavit stating that he has either tendered payment of or paid the rent, the landlord or his agent, after receipt of a file-stamped copy of the affidavit which was filed, shall not provide for the nonadmittance of the tenant to the premises by locking or otherwise.

      2.  Upon noncompliance with the notice:

      (a) The landlord or his agent may apply by affidavit to the justice of the peace of the township wherein the dwelling, apartment, mobile home or commercial premises are located. The justice of the peace may thereupon issue an order directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order. The affidavit provided for in this paragraph must contain:

             (1) The date the tenancy commenced.

             (2) The amount of periodic rent reserved.

             (3) The amounts of any cleaning, security or rent deposits paid in advance, in excess of the first month’s rent, by the tenant.

             (4) The date the rental payments became delinquent.

             (5) The length of time the tenant has remained in possession without paying rent.

             (6) The amount of rent claimed due and delinquent.

             (7) A statement that the written notice was served on the tenant in accordance with NRS 40.280.

             (8) A copy of the written notice served on the tenant.

             (9) A copy of the signed written rental agreement, if any.

      (b) Except where the tenant has timely filed the affidavit described in subsection 1 and a file-stamped copy of it has been received by the landlord or his agent, the landlord or his agent may, in a peaceable manner, provide for the nonadmittance of the tenant to the premises by locking or otherwise.

      3.  Upon the filing by the tenant of the affidavit permitted in subsection 1 and the filing by the landlord of the affidavit required by subsection 2, the justice of the peace shall hold a hearing, after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section.

 


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ê1979 Statutes of Nevada, Page 1880 (Chapter 692, AB 784)ê

 

notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section. If the justice of the peace determines that there is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful detainer, the justice of the peace may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant pursuant to subsection 2. If the justice of the peace determines that there is a legal defense as to the alleged unlawful detainer, he shall refuse to grant either party any relief, and shall require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive. The issuance of a summary order for removal of the tenant does not preclude an action by the tenant for any damages or other relief to which he may be entitled.

      4.  This section does not apply to the tenant of a mobile home lot in a mobile home park.

      Sec. 17.  NRS 40.255 is hereby amended to read as follows:

      40.255  [In] 1.  Except as provided in subsection 2, in any of the following cases, a person who holds over and continues in possession of real property or a mobile home after a 3-day written notice to quit has been served upon him, and also upon any subtenant in actual occupation of the premises, pursuant to NRS 40.280, may be removed as prescribed in NRS 40.290 to 40.420, inclusive:

      [1.](a) Where the property or mobile home has been sold under an execution against him or a person under whom he claims, and the title under the sale has been perfected; [or

      2.](b) Where the property or mobile home has been sold upon the foreclosure of a mortgage, or under an express power of sale contained therein, executed by him or a person under whom he claims, and the title under the sale has been perfected; [or

      3.](c) Where the property or mobile home has been sold under a power of sale granted by NRS 107.080 to the trustee of a deed of trust executed by such person or a person under whom he claims, and the title under such sale has been perfected; or

      [4.](d) Where the property or mobile home has been sold by him or a person under whom he claims, and the title under the sale has been perfected.

      2.  This section does not apply to the tenant of a mobile home lot in a mobile home park.

      Sec. 18.  Chapter 489 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Unless further restricted by local ordinance, if more than 80 percent of the lots in the park where it is situated are occupied, it is unlawful for a dealer, an installer or a salesman to rent or lease a vacant mobile home lot unless:

      1.  Within 60 days he takes up residence in a mobile home placed upon the lot; or

      2.  He releases the lot to a qualified tenant.

After the expiration of 60 days from the date of rental of the lot to the dealer, installer or salesman, any qualified tenant is entitled, upon written request to the landlord, to obtain release of the lot.

 


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ê1979 Statutes of Nevada, Page 1881 (Chapter 692, AB 784)ê

 

dealer, installer or salesman, any qualified tenant is entitled, upon written request to the landlord, to obtain release of the lot.

      Sec. 19.  Section 16 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

________

 

 

CHAPTER 693, AB 814

Assembly Bill No. 814–Committee on Commerce

CHAPTER 693

AN ACT relating to savings and loan associations; broadening the authority for deposit of public money in savings and loan associations; 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 210.160 is hereby amended to read as follows:

      210.160  The superintendent [is authorized to accept funds and] may accept money and other valuables of inmates for safekeeping pending their discharges, and [is directed to deposit such funds] shall deposit any such money in insured banks or in insured savings and loan associations. [which are stock companies and not mutual associations.] He shall keep, or cause to be kept, a fair and full account of [such funds] any such money and valuables, and shall submit reports to the administrator relative to [such funds and valuables] them as may be required from time to time.

      Sec. 2.  NRS 210.170 is hereby amended to read as follows:

      210.170  1.  The superintendent, subject to the approval of the administrator, may establish an inmates’ commissary or store [, which shall exist] for the benefit and use of the inmates. So far as practicable, sales of supplies and materials to the inmates [shall] must be at cost. The superintendent shall keep, or cause to be kept, a record of all transactions of the commissary.

      2.  The youth training center commissary fund is hereby created, and [shall] must be used to purchase supplies and materials for resale to the inmates, to provide money for needy inmates, and for other incidentals as may be deemed necessary by the superintendent. All money drawn from the fund [shall] must be repaid wherever possible.

      3.  The superintendent [is directed to deposit] shall deposit any money received for the fund in insured banks or in insured savings and loan associations [which are stock companies and not mutual associations,] and [to] maintain a small sum as petty cash at the commissary.

      Sec. 3.  NRS 210.560 is hereby amended to read as follows:

      210.560  The superintendent [is authorized to accept funds and] may accept money and other valuables of inmates for safekeeping pending their discharges, and [is directed to deposit such funds] shall deposit any such money in a bank or in an insured savings and loan association [which is a stock company and not a mutual association] qualified to receive deposits of public [funds] money under the provisions of chapter 356 of NRS, and the deposits [shall] must be secured by depository bond satisfactory to the state board of examiners.

 


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ê1979 Statutes of Nevada, Page 1882 (Chapter 693, AB 814)ê

 

[which is a stock company and not a mutual association] qualified to receive deposits of public [funds] money under the provisions of chapter 356 of NRS, and the deposits [shall] must be secured by depository bond satisfactory to the state board of examiners. The superintendent shall keep, or cause to be kept, a fair and full account of [such funds] any such money and valuables, and shall submit reports to the administrator relative to [such funds and valuables] them as may be required from time to time.

      Sec. 4.  NRS 210.570 is hereby amended to read as follows:

      210.570  1.  The superintendent, subject to the approval of the administrator, may establish an inmates’ commissary or store [, which shall exist] for the benefit and use of the inmates. So far as practicable, sales of supplies and materials to the inmates [shall] must be at cost. The superintendent shall keep, or cause to be kept, a record of all transactions of the commissary.

      2.  The girls training center commissary fund is hereby created, and [shall] must be used to purchase supplies and materials for resale to the inmates, to provide money for needy inmates, and for other incidentals as may be deemed necessary by the superintendent. All money from the fund [shall] must be repaid wherever possible.

      3.  The superintendent [is directed to deposit] shall deposit any money received for the fund in a bank or in an insured savings and loan association [which is a stock company and not a mutual association] qualified to receive deposits of public [funds] money under the provisions of chapter 356 of NRS, and the deposit [shall] must be secured by a depository bond satisfactory to the state board of examiners.

      4.  The superintendent [is authorized to] may maintain a small sum as petty cash at the commissary.

      Sec. 5.  NRS 244.207 is hereby amended to read as follows:

      244.207  1.  Notwithstanding any other provision of law, the boards of county commissioners [shall have power and jurisdiction] in their respective counties [to] may establish by ordinance central receiving and disbursing systems for the handling of county [moneys and moneys] money and money held in trust by the county or by any of its elected or appointed officers. Such systems may include, but are not limited to, the following:

      (a) The commingling of all [moneys] the money from any source [whatsoever, provided that] if the accounting system employed supplies full information concerning the sources of the [moneys.] money.

      (b) The elimination of departmental bank accounts, or accounts in insured savings and loan associations [which are stock companies and not mutual associations, provided for in NRS 356.200] by commingling [such moneys] the money in an account or accounts maintained by the county treasurer.

      (c) The elimination of trust bank accounts created for any reason whatsoever, as long as adequate records are maintained to identify fully all trust [moneys.] money. The [moneys] money previously held in such trust bank accounts may be commingled with other [moneys] money held in bank accounts maintained by the county treasurer.

      (d) The centralization of all disbursing of all [moneys,] money, including trust [moneys, provided] money, if the accounting system employed supplies full information concerning the disposition of [such moneys.]

 


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ê1979 Statutes of Nevada, Page 1883 (Chapter 693, AB 814)ê

 

including trust [moneys, provided] money, if the accounting system employed supplies full information concerning the disposition of [such moneys.] the money.

      (e) The centralization of part or all of billing and collection aspects of business licenses, personal property and any other activity of any of the offices of the county that involves billing for services, [or] taxes or fees imposed by statute or ordinance, or the collection of [moneys] money in payment of such billings.

      2.  Investment income from the commingled [funds] money will be credited to the general fund of the county if other provisions of law or contract do not require other allocation of such investment income.

      3.  Nothing in this section [shall:

      (a) Eliminate] :

      (a) Eliminates the reporting requirements of various elected and appointed officials relating to the receipt and disposition of [moneys.

      (b) Limit] money.

      (b) Limits the right of a local government as defined in NRS 354.474 (but not including a county) whose [moneys are] money is held in trust by the county to direct the receipt, disbursement and investment of its [moneys] money independently of the system provided for in this section, where such independent direction is otherwise authorized by law.

      Sec. 6.  NRS 266.515 is hereby amended to read as follows:

      266.515  1.  The treasurer, or the county treasurer when acting as ex officio city treasurer, shall keep all money belonging to the city separate [and distinct] from all other [moneys] money held by him for any other purpose or fund [whatsoever,] and may, when one or more insured banks or insured savings and loan associations [which are stock companies and not mutual associations] are located in [such] the city, deposit, with unanimous consent of his bondsmen, city [funds] money in such banks or savings and loan associations in demand or time accounts. When no such banks or savings and loan associations exist in [such] the city, he may deposit, with the unanimous consent of his bondsmen, city [funds] money with any bank, or any insured savings and loan association [which is a stock company and not a mutual association,] in the State of Nevada in demand or time accounts.

      2.  [Such accounts shall] The accounts must be kept in the name of the city in such manner as the governing board of the city may prescribe and under such terms and conditions for the protection of the [funds] money as the governing board may determine, not inconsistent with other laws of the State of Nevada regulating the deposit of public [funds.] money.

      3.  The balances in banks or savings and loan associations, as certified to by the proper officer thereof, and by the oath of the city treasurer, may be counted as cash.

      Sec. 7.  NRS 268.025 is hereby amended to read as follows:

      268.025  Any incorporated city or other local government may deposit any [moneys] money under the control of its treasurer in any insured state or national bank, or in any insured savings and loan association [which is a stock company and not a mutual association and] which has an office within the State of Nevada.

 


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ê1979 Statutes of Nevada, Page 1884 (Chapter 693, AB 814)ê

 

      Sec. 8.  NRS 353.070 is hereby amended to read as follows:

      353.070  It [shall be] is unlawful for the legislative auditor to count as money in the state treasury anything but actual checks pending deposit and currency in the custody of the state treasurer, or deposits in depository banks or in insured savings and loan associations. [which are stock companies and not mutual associations.]

      Sec. 9.  NRS 353.075 is hereby amended to read as follows:

      353.075  1.  When the count of state [moneys,] money, funds and securities is completed, the legislative auditor shall make a report and file [the same] it in the office of the secretary of state. When filed with the secretary of state, the report is a public record.

      2.  The report [shall] must show separately:

      (a) The actual amount of money in the state treasury in the custody of the state treasurer.

      (b) The amounts on deposit, listing each depository bank or savings and loan association and the amounts on deposit.

      (c) Lists of all state-owned securities in the state treasury which are in the custody of the state treasurer or in depository banks or insured savings and loan associations. [which are stock companies and not mutual associations.]

      (d) A statement of securities deposited with the state treasurer for safekeeping showing the total value of [such] the securities, the department or commission for whom the state treasurer holds [such] the securities, and the purpose for which the securities were obtained.

      Sec. 10.  NRS 354.500 is hereby amended to read as follows:

      354.500  “Cash” means cash on hand, cash deposited in banks, insured savings and loan associations [which are stock companies and not mutual associations] or with county treasurers, cash in transit, demand or time certificates of deposit, treasury bills or notes having a maturity date of 1 year or less, or equivalent assets, including investments set forth in paragraphs (a), (b), (h) and (i) of subsection 1 of NRS 355.170 acquired under the terms of repurchase agreements providing for the investment of the idle money of a local government.

      Sec. 11.  NRS 354.512 is hereby amended to read as follows:

      354.512  “Deposit” means:

      1.  Money placed with a bank, an insured savings and loan association [which is a stock company and not a mutual association] or other institution or person, either in a general account subject to check or order withdrawal or in a special account made for some specified purpose.

      2.  Securities placed with a bank, an insured savings and loan association [which is a stock company and not a mutual association] or other institution or person for some particular purpose.

      3.  Money placed with a business firm by its customers for electric meters, water meters and other such services.

      4.  Money or securities submitted by contractors or other persons to guarantee their bids.

      Sec. 12.  NRS 354.603 is hereby amended to read as follows:

      354.603  Notwithstanding any other provisions of law, in counties with 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:

 

 


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

ê1979 Statutes of Nevada, Page 1885 (Chapter 693, AB 814)ê

 

with 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:

      1.  The board of trustees of any county school district or the board of hospital trustees of any county hospital may establish and administer separate accounts in any bank whose deposits are insured by the Federal Deposit Insurance Corporation or in any savings and loan association [which is a stock company and not a mutual association and] whose deposits if made by the state, a local government or an agency of either are insured by the Federal Savings and Loan Insurance Corporation for [moneys] money deposited by the county treasurer which [are] is by law to be administered and expended by [such] those boards. The county treasurer shall transfer [such moneys to such] the money to such a separate account when the following conditions are met:

      (a) The board of trustees of the county school district or the board of hospital trustees of the county hospital [shall adopt] adopts a resolution declaring an intention to establish and administer a separate account in accordance with the provisions of this section.

      (b) The board of trustees of the county school district or the board of hospital trustees of the county hospital [shall send] sends a certificate to the county treasurer, the county auditor, the board of county commissioners and, in the case of the board of trustees of the county school district, to the state department of education, attested by the secretary of [such] the board, declaring the intention of [such] the board to establish and administer a separate account in accordance with the provisions of this section.

      (c) The board of trustees of the county school district or the board of hospital trustees of the county hospital [shall submit] submits monthly reports, listing all transactions involving the separate account, to the county treasurer, the county auditor, the board of county commissioners, and, in the case of the board of trustees of the county school district, to the state department of education. [Such reports shall] The reports must be certified by the secretary of [such] the board. In addition, [such boards] the board shall give a full account and record of all [moneys] money in such [accounts] an account upon request of the board of county commissioners.

      2.  The separate account of the board of trustees of the county school district established under the provisions of this section [shall] must be composed of two funds:

      (a) The county school district fund; and

      (b) The county school district building and sites fund.

      3.  The separate account established by the board of county hospital trustees [shall be known as] is designated the county hospital fund.

      4.  No expenditures from either account [shall] may be made in excess of the balance of [such] the account.

      5.  Such [account shall] an account must support all expenditures properly related to the purpose of the fund, excluding direct payments of principal and interest on general obligation bonds, and including, but not limited to debt service, capital projects, capital outlay and operating expenses.

 


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ê1979 Statutes of Nevada, Page 1886 (Chapter 693, AB 814)ê

 

      6.  The board of county commissioners, if it determines that there is clear evidence of misuse or mismanagement of funds in any such separate account, may order the closing of [such] the account and the return of [such funds] the money to the county treasury to be administered in accordance with existing provisions of law. The board of trustees of the county school district or the board of hospital trustees of the county hospital [shall be] is entitled to a hearing before the board of county commissioners.

      Sec. 12.1.  Section 85 of Senate Bill No. 72 of the 60th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 85.  NRS 354.603 is hereby amended to read as follows:

       354.603  Notwithstanding any other provisions of law, in counties with 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:]

       1.  The board of trustees of any county school district or the board of hospital trustees of any county hospital may establish and administer separate accounts in any bank whose deposits are insured by the Federal Deposit Insurance Corporation or in any savings and loan association whose deposits if made by the state, a local government or an agency of either are insured by the Federal Savings and Loan Insurance Corporation for money deposited by the county treasurer which is by law to be administered and expended by those boards. The county treasurer shall transfer the money to such a separate account when the following conditions are met:

       (a) The board of trustees of the county school district or the board of hospital trustees of the county hospital adopts a resolution declaring an intention to establish and administer a separate account in accordance with the provisions of this section.

       (b) The board of trustees of the county school district or the board of hospital trustees of the county hospital sends a certificate to the county treasurer, the county auditor, the board of county commissioners and, in the case of the board of trustees of the county school district, to the state department of education, attested by the secretary of the board, declaring the intention of the board to establish and administer a separate account in accordance with the provisions of this section.

       (c) The board of trustees of the county school district or the board of hospital trustees of the county hospital submits monthly reports, listing all transactions involving the separate account, to the county treasurer, the county auditor, the board of county commissioners, and, in the case of the board of trustees of the county school district, to the state department of education. The reports must be certified by the secretary of the board. In addition, the board shall give a full account and record of all money in such an account upon request of the board of county commissioners.

       2.  The separate account of the board of trustees of the county school district established under the provisions of this section must be composed of two funds:

       (a) The county school district fund; and

 


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ê1979 Statutes of Nevada, Page 1887 (Chapter 693, AB 814)ê

 

       (b) The county school district building and sites fund.

       3.  The separate account established by the board of county hospital trustees is designated the county hospital fund.

       4.  No expenditures from either account may be made in excess of the balance of the account.

       5.  Such an account must support all expenditures properly related to the purpose of the fund, excluding direct payments of principal and interest on general obligation bonds, and including, but not limited to debt service, capital projects, capital outlay and operating expenses.

       6.  The board of county commissioners, if it determines that there is clear evidence of misuse or mismanagement of funds in any [such] separate account, may order the closing of the account and the return of the money to the county treasury to be administered in accordance with existing provisions of law. The board of trustees of the county school district or the board of hospital trustees of the county hospital is entitled to a hearing before the board of county commissioners.

 

      Sec. 12.5.  NRS 355.170 is hereby amended to read as follows:

      355.170  1.  Except as provided in subsection 2, a board of county commissioners or the governing body of an incorporated city may purchase for investment the following securities and no others:

      (a) Bonds and debentures of the United States, the maturity dates of which do not extend more than 10 years from the date of purchase.

      (b) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, as now or hereafter amended, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, 12 U.S.C. §§ 1131 to 1138e, inclusive, as now or hereafter amended, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, as now or hereafter amended.

      (c) Bills and notes of the United States Treasury, the maturity date of which is not more than 10 years from date of purchase.

      (d) Obligations of the United States Postal Service or the Federal National Mortgage Association, the maturity date of which is not more than 10 years from the date of purchase.

      (e) Negotiable certificates of deposit issued by commercial banks or insured savings and loan associations. [which are stock companies and not mutual associations.]

      (f) Securities which have been expressly authorized as investments for local governments or agencies, as defined in NRS 354.474, by any provision of Nevada Revised Statutes or by any special law.

      (g) Subject to the limitations contained in NRS 355.177, negotiable notes or short-time negotiable bonds issued by local governments of the State of Nevada pursuant to NRS 354.440.

 


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ê1979 Statutes of Nevada, Page 1888 (Chapter 693, AB 814)ê

 

      (h) Commercial paper as it is set forth in the Uniform Commercial Code—Commercial Paper, NRS 104.3101 et seq. Eligible commercial paper may not exceed 270 days’ maturity and must be of prime quality as defined by a nationally recognized organization which rates those securities. It is further limited to issuing corporations with net worth in excess of $50 million which are incorporated under the laws of the United States or any state thereof or the District of Columbia. Purchases of commercial paper may not exceed 10 percent of the money available to a local government for investment.

      (i) Bankers’ acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve Banks, and generally accepted by banks or trust companies which are members of the Federal Reserve System. Eligible bankers’ acceptances may not exceed 180 days’ maturity. Purchases of bankers’ acceptances may not exceed 10 percent of the money available to a local government for investment.

      2.  The securities described in paragraphs (a) to (c), inclusive, of subsection 1 may be purchased when, in the opinion of the board of county commissioners or the governing body of the city, there is sufficient money in any fund of the county or city to purchase those securities and the purchase will not result in the impairment of the fund for the purposes for which it was created.

      3.  When the board of county commissioners or governing body of the city has determined that there is available money in any fund or funds for the purchase of bonds as set out in subsection 1, those purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds must be credited to the funds in the amounts purchased, and the money received from the redemption of the bonds, as and when redeemed, must go back into the fund or funds from which the purchase money was taken originally.

      4.  Any interest earned on money invested pursuant to subsection 2 of this section, may, at the discretion of the board of county commissioners or governing body of the city, be credited either to the fund from which the principal was taken or to the general fund of the county or incorporated city.

      5.  The board of county commissioners or governing body of an incorporated city may invest any money apportioned into funds and not invested pursuant to subsection 2 of this section and any money not apportioned into funds in bills and notes of the United States Treasury, the maturity date of which is not more than 1 year from the date of investment. These investments must be considered as cash for accounting purposes, and all the interest earned on them must be credited to the general fund of the county or incorporated city.

      6.  Any money held by a local government pursuant to a deferred compensation plan may be invested in the types of investments set forth in paragraphs (a) to (f), inclusive, of subsection 1 and may additionally be invested in corporate stocks, bonds and securities, mutual funds, savings and loan accounts, credit union accounts, life insurance policies, annuities, mortgages, deeds of trust or other security interests in real or personal property.

 


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ê1979 Statutes of Nevada, Page 1889 (Chapter 693, AB 814)ê

 

      7.  This section does not authorize the investment of money administered pursuant to a contract, debenture agreement or grant in a manner not authorized by the terms of the contract, agreement or grant.

      Sec. 13.  NRS 356.005 is hereby amended to read as follows:

      356.005  1.  The state, a local government or an agency of either, if specifically authorized by statute or a state agency if approved by the state board of finance, may deposit public money in any insured state or national bank, or in any insured savings and loan association. [which is a stock company and not a mutual association.]

      2.  Deposits made by the state in an insured savings and loan association which is a mutual association must be evidenced by an instrument which acknowledges that the state is not a member of the association by virtue of the deposit.

      Sec. 14.  NRS 356.010 is hereby amended to read as follows:

      356.010  1.  All money, except as provided in NRS 356.013, under the control of the state treasurer belonging to the state must be deposited in any state or national banks, or in any insured savings and loan associations [which are stock companies and not mutual associations,] in the State of Nevada, or in any banks or insured savings and loan associations [which are stock companies and not mutual associations] outside of the State of Nevada as provided in NRS 356.100, and the depository banks or savings and loan associations shall handle, collect and pay all checks, drafts and other exchange without cost to the state.

      2.  Any sums so deposited are deemed to be in the state treasury if the banks or savings and loan associations in which the money is deposited furnish, before or simultaneously with the making of the deposits, security as provided in NRS 356.010 to 356.110, inclusive.

      Sec. 15.  NRS 356.020 is hereby amended to read as follows:

      356.020  1.  All money deposited by the state treasurer must be secured by obligations of the United States, [or] bonds of this state, or bonds of any county, municipality or school district within this state. Collateral deposited by the depository bank or savings and loan association must be pledged with the state treasurer, or with a Federal Reserve bank, or, if the deposit of security will not be accepted by a Federal Reserve bank, then with any bank or any insured savings and loan association, [which is a stock company and not a mutual association,] other than the depository bank or savings and loan association, which will accept the bonds as a trust for the purposes [hereof.] of this section.

      2.  The amount, in par value, of the deposit of securities by each such depository bank or savings and loan association must be at least the amount of the deposit with the depository bank or savings and loan association. The bonds and securities must be approved in writing by the state treasurer and are subject to review by the state board of finance.

      3.  The state treasurer or the state board of finance may, from time to time, require such a deposit of additional bonds and securities, as herein permitted as security, as in their judgment is necessary to maintain each deposit.

      4.  The bonds, or any part thereof, may be withdrawn on the consent of the state treasurer, but no withdrawal is permitted which will reduce the security below the requirements of this section.

 


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ê1979 Statutes of Nevada, Page 1890 (Chapter 693, AB 814)ê

 

of the state treasurer, but no withdrawal is permitted which will reduce the security below the requirements of this section.

      Sec. 16.  NRS 356.030 is hereby amended to read as follows:

      356.030  1.  If any insured banks or any insured savings and loan associations [which are stock companies and not mutual associations, depository of such money,] fail to pay any deposit or deposits, or any part thereof, on demand of the state treasurer, then the state treasurer, with the written approval of the state board of finance, forthwith shall:

      (a) Advertise such securities for sale for a period of not less than 10 days in a newspaper of general circulation published within the State of Nevada.

      (b) Sell [such] the securities, or a sufficient amount thereof, to repay the deposit, at public or private sale to the highest and best bidder.

      (c) Apply the proceeds of [such] the sale, including accrued interest, if any, toward the cancellation of the deposit.

      2.  If there is an excess of such proceeds or of security, or both, after the satisfaction of the deposit, [then such excess shall] the excess must be returned to [such] the depository bank or savings and loan association or its successor in interest.

      3.  Nothing in this section [shall prevent such] prevents the depository bank or savings and loan association, or the superintendent of banks or commissioner of savings associations in charge thereof, or the legally constituted receiver or liquidator thereof from redeeming [such] the securities within a reasonable time, as determined by the state board of finance, at such a price as will repay to the state treasurer the full amount of the deposit in [such] the depository.

      Sec. 17.  NRS 356.050 is hereby amended to read as follows:

      356.050  1.  Where the state treasurer, in accordance with the terms and provisions of NRS 356.010 to 356.110, inclusive, has deposited and kept on deposit any public [moneys] money in depositories so designated, he [shall not be] is not liable personally or upon his official bond for any public [moneys] money that may be lost by reason of the failure or insolvency of any such depository; but the state treasurer [shall be] is chargeable with the safekeeping, management and disbursement of the bonds deposited with him as security for deposits of state [moneys,] money, and with interest thereon, and with the proceeds of any sale under the provisions of NRS 356.010 to 356.110, inclusive.

      2.  The state treasurer [is authorized to] may deposit for safekeeping with any insured bank, insured savings and loan association [which is a stock company and not a mutual association] or a trust company within or without this state any securities or bonds pledged with him, as state treasurer, as collateral or as security for any purpose [whatever, but the same] , but the securities or bonds may only be so deposited by him with the joint consent and approval, in writing, of the pledgor thereof and the state board of finance. Any bonds or securities so deposited by him [shall] must be deposited under a written deposit agreement between the pledgor and the state treasurer, to be held and released only upon a written order of the state treasurer or his deputy, and signed by the governor or acting governor and by one additional member of the state board of finance.

 


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ê1979 Statutes of Nevada, Page 1891 (Chapter 693, AB 814)ê

 

      Sec. 18.  NRS 356.070 is hereby amended to read as follows:

      356.070  1.  Deposits [shall be] are subject to withdrawal upon demand of the state treasurer at any time without previous notice, but no withdrawal of such deposit or deposits, except by a state controller’s warrant in the manner set forth in NRS 356.080, [shall] may be made by the state treasurer without the written consent of the state board of finance.

      2.  A warrant of the state controller [shall be] is a check or order of the state treasurer, and [shall] must be paid by the depository bank or savings and loan association designated thereon when registered, countersigned, and the bank or savings and loan association has been designated for payment thereof as provided in NRS 356.080.

      3.  The state treasurer shall keep a register which [shall show] shows separately the amount of state money on deposit with every insured depository bank or insured savings and loan association [which is a stock company and not a mutual association, and shall list] and lists separately each check or order drawn upon the respective bank depositories, numbering the checks or orders against each depository consecutively.

      Sec. 19.  NRS 356.080 is hereby amended to read as follows:

      356.080  1.  Whenever any warrant of the state controller is presented to the state treasurer for payment, [such warrant shall become] the warrant becomes a check or order of the state treasurer if the state treasurer [shall endorse] endorses thereon the name of the insured depository bank, or insured savings and loan association, [which is a stock company and not a mutual association,] where payable, and a number, as provided by NRS 356.070, and [countersign] countersigns his name thereto as state treasurer.

      2.  Such [warrant shall] a warrant must be drawn, as near as may be, upon the insured depository bank or insured savings and loan association [which is a stock company and not a mutual association] nearest the residence, if known, of the payee named in the warrant.

      Sec. 20.  NRS 356.090 is hereby amended to read as follows:

      356.090  In consideration of no exchange or collection charges being made on checks or coupons of, or remittance to, the state, any banks or insured savings and loan associations [which are stock companies and not mutual associations] at the state capital may be relieved by the state treasurer, with the approval of the state board of finance, from the payment of any interest on amounts deposited with them.

      Sec. 21.  NRS 356.100 is hereby amended to read as follows:

      356.100  If deposits in depositories within this state are at or near the limit of deposits allowable under the value of bonds or securities pledged by such banks or insured savings and loan associations, [which are stock companies and not mutual associations,] or as otherwise limited by NRS 356.010 to 356.110, inclusive, and an excess of [moneys] money has accumulated in the state treasury, the state treasurer may:

      1.  Subject to the provisions of NRS 356.010 to 356.110, inclusive, with the written consent and approval of the state board of finance, deposit such amounts of [moneys] money as may be advisable in banks or insured savings and loan associations [which are stock companies and not mutual associations] situated outside of the State of Nevada; and

 

 


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ê1979 Statutes of Nevada, Page 1892 (Chapter 693, AB 814)ê

 

or insured savings and loan associations [which are stock companies and not mutual associations] situated outside of the State of Nevada; and

      2.  By check or order signed by the state treasurer and countersigned by at least two members of the state board of finance, withdraw [such] the deposits as needed.

      Sec. 22.  NRS 356.120 is hereby amended to read as follows:

      356.120  With unanimous consent of his bondsmen, a county treasurer may:

      1.  When one or more banks or insured savings and loan associations [which are stock companies and not mutual associations] are located in the county, deposit county funds in such insured banks or savings and loan associations, in demand or time accounts.

      2.  When no such banks or savings and loan associations exist in the county, deposit county funds with any bank, or any insured savings and loan association [which is a stock company and not a mutual association,] in the State of Nevada in demand or time accounts.

      Sec. 23.  NRS 356.125 is hereby amended to read as follows:

      356.125  1.  All money placed in any insured depository banks, or any insured savings and loan associations [which are stock companies and not mutual associations,] in time accounts may be deposited with the written consent of the board of county commissioners. The time accounts so established are subject to the applicable contract between the depository and the county.

      2.  The provisions of this section do not require any depository to accept county deposits.

      Sec. 24.  NRS 356.150 is hereby amended to read as follows:

      356.150  All [moneys] money deposited in any depository bank or insured savings and loan association [which is a stock company and not a mutual association] by the county treasurer may be drawn out by a check or order of the county treasurer at any time without previous notice, but no withdrawal of such deposit or deposits, except by the county auditor’s warrant in the manner set forth in NRS 356.180, [shall] may be made by the county treasurer except by a check or order which has been countersigned by the county auditor.

      Sec. 25.  NRS 356.180 is hereby amended to read as follows:

      356.180  Whenever any warrant of the county auditor is presented to the county treasurer for payment, [such warrant shall become] the warrant becomes a check or order of the county treasurer if the county treasurer [shall endorse] endorses thereon the name of the depository bank [,] or insured savings and loan association, [which is a stock company and not a mutual association,] where payable, and a number, as provided in NRS 356.170, and [countersigned] countersigns his name thereto as county treasurer.

      Sec. 26.  NRS 356.200 is hereby amended to read as follows:

      356.200  1.  With unanimous consent of their bondsmen, county officers, other than county treasurers, may deposit county [funds] money received in their respective offices in any insured bank, or any insured savings and loan association [which is a stock company and not a mutual association,] located in the State of Nevada.

      2.  Whenever the written consent of any bondsman or bondsmen to such a deposit has not been obtained, [such] the bondsman or bondsmen [shall,] must, upon giving notice as required by law, be released from all responsibility on the bond of such an officer.

 


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ê1979 Statutes of Nevada, Page 1893 (Chapter 693, AB 814)ê

 

such a deposit has not been obtained, [such] the bondsman or bondsmen [shall,] must, upon giving notice as required by law, be released from all responsibility on the bond of such an officer.

      3.  Such accounts [shall] must be kept in the name of the county in such manner as the board of county commissioners may prescribe.

      4.  The balances in such insured banks or savings and loan associations, as certified by the proper officer thereof, and by oath of the county treasurer, may be counted as cash.

      5.  All [moneys] money deposited in any depository bank or savings and loan association by such a county officer may be drawn out by [such officer] him on check or order payable only to the county treasurer or his order, but every county assessor may also withdraw money received in payment of motor vehicle license fees by check or order payable to the department of motor vehicles, and may also withdraw money received in payment of motor vehicle use taxes by check or order payable to the department of taxation.

      6.  The county officer shall keep a register which [shall show] shows the amount of county money on deposit and [shall list] lists every check or order drawn upon the depository bank or savings and loan association, numbering [such] the items consecutively.

      7.  The county officer maintaining such a deposit in any depository bank shall draw upon the deposit not later than the 1st Monday of each month and whenever [such] the deposit exceeds $100 for the full amount of county [funds] money deposited therein, such a withdrawal to be by check or order payable to the county treasurer, and shall thereupon deliver [such] the withdrawal to the county treasurer.

      8.  This section does not apply to any deposit made by the clerk of any court pursuant to NRS 355.210.

      Sec. 27.  NRS 356.210 is hereby amended to read as follows:

      356.210  It is unlawful for any person, firm, company or corporation knowingly to deliver to any public officer of the State of Nevada or of any political subdivision thereof, or for any such public officer knowingly to accept, any depository bond of any surety company for the security of any public [moneys] money deposited or to be deposited by [such public] the officer in any banking or trust company or insured savings and loan association [which is a stock company and not a mutual association] any stockholder or director of which, at the time of the execution of [such] the depository bond, [shall be] is a stockholder or director in [such] the surety company.

      Sec. 28.  NRS 356.220 is hereby amended to read as follows:

      356.220  [No such] A public officer shall not accept any such depository bond unless there [shall be] is attached thereto a certificate, under oath, of some authorized officer or agent of [such] the surety company to the effect that, at the time of executing [such] the bond, no stockholder or director of the surety company furnishing the bond is a stockholder or director in any banking or trust company or any insured savings and loan association [which is a stock company and not a mutual association] in which [such public moneys are or are] the public money is or is to be deposited knowingly.

 


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ê1979 Statutes of Nevada, Page 1894 (Chapter 693, AB 814)ê

 

      Sec. 29.  Section 2 of chapter 174, Statutes of Nevada 1979, is hereby amended to read as follows:

 

       Sec. 2.  1.  There may be maintained at each division facility a [fund to be known as the] clients’ personal deposit fund.

       2.  Money coming into the possession of the administrative officer of a division facility which belongs to a client must be [deposited] credited in the fund in the name of that client.

       3.  When practicable, individual credits in the fund must not exceed the sum of $300.

       4.  Any amounts to the credit of a client may be used for purchasing personal necessities, for expenses of burial or may be turned over to the client upon his demand, except that when the client is adjudicated mentally incompetent the guardian of his estate has the right to demand and receive the money.

       5.  An amount accepted for the benefit of a client for a special purpose must be reserved for that purpose regardless of the total amount to the credit of the client.

       6.  Except as provided in subsection 7, the administrative officers shall deposit [the fund for] any money received for the funds of their respective facilities in commercial accounts with banks of reputable standing. When deposits in a commercial account exceed $15,000, the administrative officer may deposit the excess in a savings account paying interest in any reputable commercial bank, or in any federally insured savings and loan association [which is a stock company and not a mutual association,] within the state. The savings account must be in the name of the fund. Interest paid on deposits in the savings account may be used for recreational purposes at the division facility.

       7.  The administrative officers may maintain at their respective division facilities petty cash of not more than $400 of the money in the clients’ personal deposit fund to enable clients to withdraw small sums from their accounts.

 

      Sec. 30.  NRS 616.470 is hereby amended to read as follows:

      616.470  1.  The commission may, with the approval of the state board of finance, deposit not [to exceed] more than 25 percent of the reserve and surplus of the state insurance fund in banks [,] or in insured savings and loan associations [which are stock companies and not mutual associations,] in the State of Nevada, upon interest at not less than the prevailing and current rate paid in Nevada upon savings accounts by banks or insured savings and loan associations. [which are stock companies and not mutual associations.]

      2.  Such banks or savings and loan associations shall deposit with the commission bonds of the United States or other securities in which [funds] money of the state insurance fund [are authorized to] may be invested, as provided in NRS 355.140 to 355.160, inclusive, in an amount, at market value, sufficient to protect and guarantee the depositor against any loss by reason of the failure or suspension of the bank or savings and loan association, or loss from any other cause. The amount of the security to be deposited and the fair value of the bonds deposited [shall] must be determined and fixed by the commission and approved by the state board of finance, but [in no event shall] the value of the bonds deposited must not be less than the sum deposited in the particular bank or savings and loan association.

 


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ê1979 Statutes of Nevada, Page 1895 (Chapter 693, AB 814)ê

 

[shall] must be determined and fixed by the commission and approved by the state board of finance, but [in no event shall] the value of the bonds deposited must not be less than the sum deposited in the particular bank or savings and loan association.

      3.  Interest earned by [such] the portion of the state insurance fund which may be so deposited in any banks or insured savings and loan associations [which are stock companies and not mutual associations, as herein provided, shall] must be placed to the credit of the state insurance fund.

      Sec. 31.  NRS 616.49831 is hereby amended to read as follows:

      616.49831  The commission may invest and reinvest the [moneys] money in its funds in:

      1.  Commercial paper as it is set forth in the Uniform Commercial Code—Commercial Paper, NRS 104.3101 et seq. Eligible commercial paper may not exceed 180 days’ maturity and must be of prime quality as defined by a nationally recognized organization which rates such securities. It is further limited to issuing corporations with net worth in excess of [50 million dollars ($50,000,000)] $50 million which are incorporated under the laws of the United States or any state thereof or the District of Columbia.

      2.  Collective or part interest in commercial paper held by national banks and issued by companies whose commercial paper meets the requirements prescribed in [paragraph 1 hereof.] subsection 1.

      3.  Bankers’ acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve Banks, and generally accepted by banks or trust companies which are members of the Federal Reserve System.

      4.  Time certificates of deposit issued by commercial banks or insured savings and loan associations. [which are stock companies and not mutual associations.]

      5.  Savings accounts in state banks, located in and organized under the laws of this state, or national banks.

      6.  Savings accounts in insured savings and loan associations [which are stock companies and not mutual associations,] located in or organized under the laws of this state.

      Sec. 32.  1.  Sections 10, 13, 14, 15 and 29 of this act shall become effective at 12:01 a.m. on July 1, 1979.

      2.  Section 12.5 of this act shall become effective at 12:02 a.m. on July 1, 1979.

 

________

 

 


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

ê1979 Statutes of Nevada, Page 1896ê

 

CHAPTER 694, AB 833

Assembly Bill No. 833–Committee on Commerce

CHAPTER 694

AN ACT relating to the practices of architecture and residential design; making various changes in the law regulating architects and residential designers; 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.  NRS 623.070 is hereby amended to read as follows:

      623.070  1.  Each member of the board [shall] is entitled to receive from the [funds] money of the board:

      (a) A salary of not more than $40 per day, as fixed by the board, while engaged in the business of the board.

      (b) Actual expenses for subsistence and lodging, not to exceed [$25] $40 per day, and actual expenses for transportation, while [traveling] on business of the board.

      2.  The secretary and treasurer of the board shall be paid a salary out of the [funds] money of the board in an amount to be determined by the board.

      Sec. 2.  NRS 623.100 is hereby amended to read as follows:

      623.100  1.  The board shall appoint one of its members as chairman, who shall serve without additional pay, and one of its members as secretary and treasurer. The chairman and secretary shall each serve 1 year.

      2.  Three members [shall] who are registered architects constitute a quorum for consideration of architectural matters, but action shall not be deemed to have been taken upon any question relating to architectural matters unless there are at least 3 votes in accord.

      3.  Four members, one of whom represents residential designers, [shall] constitute a quorum for consideration of residential design matters, but action shall not be deemed to have been taken upon any question relating to residential design matters unless there are at least 3 votes in accord.

      Sec. 3.  NRS 623.170 is hereby amended to read as follows:

      623.170  All expenses incurred by the board [shall] must be paid on claims signed by the [chairman and] secretary and one other member of the board.

      Sec. 4.  NRS 623.185 is hereby amended to read as follows:

      623.185  1.  Upon being issued a certificate of registration, each registered architect or residential designer shall obtain a seal of the design authorized by the board, bearing the architect’s or designer’s name, the number of his certificate of registration, and the legend “Registered Architect” or “Residential Designer.”

      2.  Plans, specifications, reports and other documents issued by a registered architect or residential designer [shall] must be signed and sealed on the title page by [such] the architect or designer.

      3.  It is unlawful for a person to stamp or seal any plans, specifications, reports or other documents with [such] the seal after the certificate of registration of the architect or residential designer, named therein, has expired or has been revoked, unless the certificate has been renewed or reissued.

 


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

ê1979 Statutes of Nevada, Page 1897 (Chapter 694, AB 833)ê

 

expired or has been revoked, unless the certificate has been renewed or reissued.

      [4.  It is unlawful for a registered architect or residential designer to impress his seal on any plans, specifications or other instruments of service unless he was the author of such plans and specifications or responsible for their preparation.]

      Sec. 5.  NRS 623.190 is hereby amended to read as follows:

      623.190  1.  Any person who is at least 21 years of age, of good moral character and who has had at least 8 years of experience may apply to the board for registration under this section as an architect.

      2.  Each year of study, up to and including 5 years of study, satisfactorily completed in an architectural school accredited by the National Architectural Accrediting Board, any school of architecture in the State of Nevada or any architectural school approved by the state board of architecture [shall be] is considered [as] equivalent to 1 year of experience in architectural work.

      3.  After reaching a 5-year experience level, an application may be made to the board for a preliminary examination. [Such examination shall] The examination must be prescribed by the board, constitutes the examination required for registration as a residential designer, and may be required as part of the examination to be an architect.

      4.  After reaching an 8-year experience level, an application may be made to the board for an examination to qualify as a registered architect.

      5.  The board shall, by regulations, establish standards for examinations which [shall] must be consistent with standards employed by other states. The board may adopt the standards of the National Council of Architectural Registration Boards, and the board may also adopt the examination and grading procedure of [such] that organization. Examinations [shall] must include both oral and written tests in [such] the technical and professional subjects as are prescribed by the board.

      6.  Any application to the board may be denied for any violation of this chapter.

      Sec. 6.  NRS 623.200 is hereby amended to read as follows:

      623.200  1.  Upon complying with the requirements set forth in NRS 623.190 and before receiving a certificate or being registered as an architect, the applicant shall satisfactorily pass an examination in such technical and professional courses as may be established by the board, unless the applicant [is entitled to such] has applied for the certificate and registration without examination as provided in this chapter.

      2.  The board shall give examinations pursuant to NRS 623.190 and 623.195 at least once each year, unless no applications for examinations are pending with the board.

      Sec. 7.  NRS 623.270 is hereby amended to read as follows:

      623.270  The board may, by majority vote, revoke or suspend a certificate of registration, or it may reprimand the holder of any certificate of registration issued pursuant to this chapter, if proof satisfactory to the board is presented in any of the following cases:

      1.  In case it is shown that the certificate was obtained by fraud.

      2.  In case the holder of the certificate has been found guilty by the board or by a court of justice of any fraud or deceit in his professional practice, or has been convicted by a court of justice of a crime involving moral turpitude.

 


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

ê1979 Statutes of Nevada, Page 1898 (Chapter 694, AB 833)ê

 

practice, or has been convicted by a court of justice of a crime involving moral turpitude.

      3.  In case the holder of the certificate has been found guilty by the board of repeated incompetency or negligence in the [planning or construction of buildings.] practice of architecture or residential design.

      4.  In case the board finds that the holder of [the certificate has been found guilty by the board of sealing any documents pertaining to the construction of a building when he was not the actual architect or residential designer of such building.

      5.] a certificate has affixed his signature or seal to plans, drawings, specifications or other instruments of service which have not been prepared by him or in his office, or under his immediate direction and supervision, or has permitted the use of his name to assist any person who is not a registered architect to evade any provision of this chapter.

      5.  In case the board finds that the holder of a certificate has aided or abetted any unauthorized person to practice architecture or residential design.

      6.  In case the board finds an intentional violation of any law, rule, regulation or rule of ethics pertaining to the practice of architecture or residential design.

      Sec. 8.  NRS 623.290 is hereby amended to read as follows:

      623.290  [In the event that] If the guilt of the accused is established in the opinion of the majority of the board, the secretary shall make proper entry in the record of its proceedings, stating the findings of the board and the penalty, if any. If the registration of an architect or residential designer is suspended or revoked, or he is given a written reprimand, notation of [such penalty shall] the penalty must be entered in the register of architects or register of residential designers [.] and in his personnel file. Notification of the suspension, revocation or written reprimand must be sent to the National Council of Architectural Registration Boards. The secretary shall give notice in writing of [such] the decision and penalty to the holder of the certificate.

      Sec. 9.  NRS 623.310 is hereby amended to read as follows:

      623.310  The board shall, by regulation, adopt a fee schedule which may not exceed the following:

 

For an examination for a certificate............................................ [$75]   $100.00

For rewriting an examination or a part or parts failed................. [75]     100.00

For a certificate of registration......................................................... [50]     100.00

For an annual renewal of a certificate...................................................         50.00

For the restoration of an expired certificate.................................. [50]     100.00

For the restoration of a certificate which has been revoked.... [100]     200.00

[For writing a treatise........................................................................... 50]

For change of address..............................................................................           5.00

For replacement of a certificate.............................................................         30.00

For application forms..............................................................................           5.00

For photostatic copies, each sheet........................................................             .25

 

      Sec. 10.  NRS 623.330 is hereby amended to read as follows:

 


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

ê1979 Statutes of Nevada, Page 1899 (Chapter 694, AB 833)ê

 

      623.330  1.  The following persons are exempt from the provisions of this chapter:

      (a) A person engaging in architectural work as an employee of a registered architect [,] or residential designer, if the work does not include responsible charge of design or supervision, or a consultant retained by a registered architect [.] or residential designer.

      (b) A person practicing architecture as an officer or employee of the United States.

      (c) A professional engineer registered under the provisions of chapter 625 of NRS who designs buildings as permitted by chapter 625 of NRS.

      (d) A contractor licensed under the provisions of chapter 624 of NRS who provides his own drawings for his own construction activities.

      (e) Any person who prepares plans, drawings or specifications for:

             (1) Buildings for his own private residential use; or

             (2) Farm or ranch buildings used as such.

      2.  Any person exempt by the provisions of this section is not thereby absolved from any civil or criminal liability that might otherwise accrue.

      Sec. 11.  NRS 623.350 is hereby amended to read as follows:

      623.350  1.  Nothing in this chapter [shall be construed as preventing] prevents firms, partnerships, corporations or associations of architects and engineers from practicing as such, [provided each member of such firm, partnership, corporation or association] if each director, stockholder and officer of the corporation and each partner or associate of the firm, partnership or association is registered under the provisions of this chapter or chapter 625 of NRS.

      2.  Every office or place of business of any firm, partnership, corporation or association engaged in the practice of architecture [shall] must have an architect holding a certificate of registration issued under this chapter in residence and directly responsible for the administration of the architectural work conducted in [such] the office or place of business.

      3.  The provisions of subsection 2 do not apply to firms, partnerships, corporations or associations engaged in the practice of architecture at offices established for construction administration.

      Sec. 12.  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 or residential designer 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 residential designer or that he is otherwise qualified to engage in the practice of architecture or residential design without having a certificate of registration issued by the board; or

      (c) Violates any other provision of this chapter.

      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. Proceedings under this subsection [shall be] are governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking [shall be] is required in any action commenced by the board.

 


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

ê1979 Statutes of Nevada, Page 1900 (Chapter 694, AB 833)ê

 

65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking [shall be] is required in any action commenced by the board.

      Sec. 13.  NRS 623.340 and 623.355 are hereby repealed.

      Sec. 14.  Section 12 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

________

 

 

CHAPTER 695, AB 850

Assembly Bill No. 850–Committee on Ways and Means

CHAPTER 695

AN ACT making appropriations from the general fund, the state highway fund, the state insurance fund and the fish and game fund in the state treasury for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1979, and ending June 30, 1980, and beginning July 1, 1980, and ending June 30, 1981; making supplemental appropriations for the support of certain state officers and agencies for the fiscal year ending June 30, 1979; 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.  The following sums are hereby appropriated from the general fund in the state treasury for the purposes hereinafter expressed and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 1979, and ending June 30, 1980, and beginning July 1, 1980, and ending June 30, 1981.

 

                                                                                                             1979–80              1980–81

      Sec. 2.  The Office and Mansion of the Governor.

             For the support of the office of the governor.....          $499,552................................................................. $516,720

             For the support of the governor’s mansion.........              92,395................................................................. 97,128

             For the support of the office of the extradition clerk                   ................................................................. 200,650 250,700

             For the support of the office of community services                   ................................................................. 15,000 15,000

             For the support of the office of comprehensive statewide planning.................................................              68,880................................................................. 58,358

             For the support of general fund agencies’ out-of-state travel    ................................................................. 75,000 75,000

      Sec. 3.  The Office of Lieutenant Governor.

             For the support of the office of lieutenant governor                    ................................................................. 45,318 56,207

      Sec. 4.  The Office of Attorney General.

 


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

ê1979 Statutes of Nevada, Page 1901 (Chapter 695, AB 850)ê

 

                                                                                                             1979–80              1980–81

             For the support of the office of attorney general                         ................................................................. $974,098................................................................. $995,123

             For the special account of the attorney general.              35,000................................................................. 35,000

             For the medical malpractice investigation account                     ................................................................. 18,000 18,000

      Sec. 5.  The Office of Secretary of State.

             For the support of the office of secretary of state                        ................................................................. 621,036 676,101

      Sec. 6.  The Office of State Treasurer.

             For the support of the office of state treasurer..            161,141................................................................. 164,084

      Sec. 7.  The Office of State Controller.

             For the support of the office of the state controller                     ................................................................. 1,056,665................................................................. 1,065,889

      Sec. 8.  Department of Administration.

      The following sums are hereby appropriated for the support of:

             Budget division........................................................            608,264................................................................. 656,950

             Merit award board...................................................                 5,500................................................................. 5,500

             Insurance premium revolving fund......................              46,370................................................................. 44,392

             Clear Creek youth center.......................................              98,319................................................................. 102,645

      Sec. 9.  Department of General Services.

      The following sums are hereby appropriated for the support of:

             Records management services section of the state printing and records division.....................................              33,373................................................................. 49,495

             Buildings and grounds division.............................              22,125................................................................. 23,564

             Commodity food program....................................              10,000................................................................. 10,000

      Sec. 10.  Department of Economic Development.

             For the support of the department of economic development  ................................................................. 431,037 465,900

             For the support of the Nevada magazine...........              58,787................................................................. 68,520

             For the support of the Four Corners Regional Commission       ................................................................. 30,000 30,000

      Sec. 11.  State Public Works Board.

             For the support of the state public works board            546,452................................................................. 559,079

      Sec. 12.  Department of Taxation.

      The following sums are hereby appropriated for the support of:

 


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

ê1979 Statutes of Nevada, Page 1902 (Chapter 695, AB 850)ê

 

                                                                                                             1979–80              1980–81

             Department of taxation.........................................      $3,152,255................................................................. $3,217,860

             Renewable resource tax allowance......................              32,000................................................................. 32,000

             Senior Citizens’ Property Tax Assistance............         1,650,000................................................................. 1,815,000

      Sec. 13.  Nevada Commissioner for Veteran Affairs.

             For the support of the Nevada commissioner for veteran affairs ................................................................. 145,438 149,331

      Sec. 14.  Nevada Equal Rights Commission.

             For the support of the Nevada equal rights commission             ................................................................. 356,135 371,473

      Sec. 15.  Indian Affairs Commission.

             For the support of the Indian affairs commission                        ................................................................. 85,261 87,378

      Sec. 16.  Employee-Management Relations Board.

             For the support of the employee-management relations board    ................................................................. 62,857 64,351

      Sec. 17.  Legislative fund.

             For the support of the legislative commission....            188,790................................................................. 132,650

             For the support of the audit division of the legislative counsel bureau....................................................            595,367................................................................. 633,923

             For the support of the general services division of the legislative counsel bureau......................................            555,866................................................................. 594,673

             For the support of the legal division of the legislative counsel bureau....................................................            644,798................................................................. 912,195

             For the support of the research division of the legislative counsel bureau....................................................            309,693................................................................. 334,435

             For the support of the fiscal analysis division of the legislative counsel bureau......................................            260,125................................................................. 288,137

             For the support of the legislative counsel bureau consumer price index adjustment.................................            225,982................................................................. 321,032

      Sec. 18.  Supreme Court of Nevada.

             For the support of the supreme court of Nevada                         ................................................................. 1,115,496................................................................. 1,170,471

             For the support of legal defense............................              20,000................................................................. 20,000

             For the support of the administrative office of the court            ................................................................. 177,667 185,434

 


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

ê1979 Statutes of Nevada, Page 1903 (Chapter 695, AB 850)ê

 

                                                                                                             1979–80              1980–81

             For the support of the state board of pardons commissioners   ................................................................. $40,404 $26,984

             For the support of the law library.........................            209,687................................................................. 222,501

             For the support of the commissions on judicial selection and discipline................................................              20,000................................................................. 20,000

             For the support of the retired justice duty fund.              30,200................................................................. 30,200

      Sec. 19.  District Judges’ Travel.

             For the support of district judges’ travel..............              40,000................................................................. 40,000

      Sec. 20.  District Judges’ Salaries and Judicial Pensions.

             For the support of district judges’ salaries and pensions of justices, judges and widows................         1,446,334................................................................. 1,461,881

      Sec. 21.  Public Defender.

             For the support of the office of public defender              90,567................................................................. 92,195

      Sec. 22.  State Department of Education.

      The following sums are hereby appropriated for the support of:

             Education administration......................................            847,065................................................................. 861,677

             Vocational education.............................................            539,721................................................................. 551,430

             Automobile driver education.................................            204,000................................................................. 205,000

             School lunch program.............................................            360,000................................................................. 360,000

             Adult basic program................................................              15,090................................................................. 15,222

             Care of handicapped children...............................            506,530................................................................. 647,580

      Sec. 23.  Commission on Postsecondary Institutional Authorization.

             For the support of the commission on postsecondary institutional authorization..................              42,365................................................................. 45,455

      Sec. 24.  University of Nevada System.

      The following sums are hereby appropriated for the support of:

             System administration............................................            709,619................................................................. 755,507

             University press........................................................            164,408................................................................. 173,619

             Statewide programs—UNR...................................         1,516,102................................................................. 1,601,038

             Intercollegiate athletics—UNR.............................            619,596................................................................. 662,968

             Statewide programs—UNLV.................................            245,313................................................................. 259,301

             Intercollegiate athletics—UNLV...........................            619,596................................................................. 662,968

             Agricultural experiment station.............................         2,039,766................................................................. 2,258,159

             Cooperative extension services.............................         1,659,447................................................................. 1,815,489

             System computing center.......................................         1,586,957................................................................. 1,678,224

             Desert research institute..........................................         1,060,144................................................................. 1,144,997

 


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

ê1979 Statutes of Nevada, Page 1904 (Chapter 695, AB 850)ê

 

                                                                                                             1979–80              1980–81

             National direct student loan..................................          $100,000................................................................. $100,000

             University of Nevada, Reno..................................      17,987,836................................................................. 18,859,944

             School of medical sciences, UNR.........................         2,856,847................................................................. 4,092,730

             University of Nevada, Las Vegas.........................      14,677,470................................................................. 15,661,156

             Clark County community college........................         4,119,572................................................................. 4,500,105

             Western Nevada community college...................         4,020,485................................................................. 4,828,934

             Northern Nevada community college..................            839,406................................................................. 900,407

             Business center, north.............................................         1,194,371................................................................. 1,241,268

             Business center, south.............................................            881,302................................................................. 918,409

      Sec. 25.  Western Interstate Commission for Higher Education.

             For the support of the western interstate commission for higher education...............................................            970,581................................................................. 1,065,397

      Sec. 26.  Department of Museums and History.

             For the support of the office of the administrator                        ................................................................. 51,767 50,613

             For the support of the Nevada historical society                          ................................................................. 188,478 194,874

             For the support of the Nevada state museum....            427,423................................................................. 440,511

             For the support of the Lost City museum...........              68,373................................................................. 70,197

             For the support of the Virginia and Truckee railroad                   ................................................................. 15,013 15,794

      Sec. 27.  Nevada Council on the Arts.

             For the support of the Nevada council on the arts                       ................................................................. 86,730 87,702

      Sec. 28.  Nevada State Library.

             For the support of the Nevada state library........            626,391................................................................. 643,033

             For the support of library cooperation.................            152,865................................................................. 157,785

             For the support of the archives division..............              91,806................................................................. 90,885

      Sec. 29.  Department of Human Resources.

      The following sums are hereby appropriated for the support of:

             Office of director of human resources.................            288,687................................................................. 294,040

             Aging services division............................................            227,208................................................................. 233,500

             Youth services agency............................................            136,993................................................................. 139,256

             Northern Nevada children’s home.......................            567,841................................................................. 590,704

             Southern Nevada children’s home.......................            565,946................................................................. 575,934

             Nevada youth training center................................         2,129,175................................................................. 2,202,465

             Spring Mountain youth camp...............................            252,000................................................................. 252,000

             Innovative youth grants.........................................              60,000................................................................. 60,000

             Probation subsidies..................................................            629,370................................................................. 629,370

 


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

ê1979 Statutes of Nevada, Page 1905 (Chapter 695, AB 850)ê

 

                                                                                                             1979–80              1980–81

             Nevada girls training center...................................      $1,197,645................................................................. $1,258,791

             Youth parole.............................................................            460,194................................................................. 475,118

             Boys’ school-girls’ school outside agency care..            169,830................................................................. 169,830

             Youth parolee foster homes..................................              67,500................................................................. 75,000

             Health planning and resources..............................              50,252................................................................. 48,347

             Developmental disabilities.....................................                 4,786................................................................. 5,463

             Home of the Good Shepherd................................            198,000................................................................. 198,000

             Health division

                                Office of state health officer..............            225,015................................................................. 233,322

                                Vital statistics........................................            232,159................................................................. 246,126

                                Bureau of health facilities..................              90,442................................................................. 89,895

                                Family planning project......................                 1,800................................................................. 2,428

                                Bureau of laboratory and research...            471,028................................................................. 481,603

                                Maternal, child, school and special children’s services...........................................................         2,418,633........................................................... 2,793,040

                                Bureau of community health services                        ........................................................... 308,473 365,870

                                Health aid to counties.........................            507,585................................................................. 587,265

                                Emergency medical services..............            239,019................................................................. 254,477

                                Consumer protection...........................            365,756................................................................. 378,062

                                Nutrition program.................................              72,379................................................................. 75,273

                                Tuberculosis control.............................            234,380................................................................. 280,990

                                Venereal disease control.....................              76,169................................................................. 80,708

                                Dental health.........................................            327,332................................................................. 330,745

                                Cancer control registry........................            100,000................................................................. 100,000

             Mental hygiene and mental retardation division

                                Division administration.......................            627,605................................................................. 631,649

                                Nevada mental health institute.........         5,667,534................................................................. 5,819,489

                                Facility for the mental offender........            920,620................................................................. 957,153

                                Reno mental health center.................            782,021................................................................. 773,783

                                Rural clinics...........................................            784,260................................................................. 1,194,558

                                Las Vegas mental health center........         1,973,972................................................................. 2,419,712

                                Henderson mental health center.......            303,474................................................................. 331,201

                                Children’s behavioral services—Las Vegas               ........................................................... 660,001 661,784

                                Children’s behavioral services—Washoe County     ........................................................... 484,008 518,334

                                Genetics program.................................            131,154................................................................. 87,408

                                Southern Nevada mental retardation services           ........................................................... 702,417 762,162

                                Northern Nevada mental retardation services           ........................................................... 671,139 707,086

                                Community training center................            526,851................................................................. 600,938

                                Community awareness project..........              23,000................................................................. 30,000

                                Foster grandparents program.............              68,545................................................................. 68,976

                                Resident placement.............................            131,879................................................................. 176,641

 


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

ê1979 Statutes of Nevada, Page 1906 (Chapter 695, AB 850)ê

 

                                                                                                             1979–80              1980–81

             Welfare division

                                Division administration.......................      $3,040,681................................................................. $3,115,773

                                Aid to dependent children...................         3,876,000................................................................. 4,410,000

                                Assistance to aged and blind..............         2,627,798................................................................. 2,959,638

                                Medical care unit..................................      19,233,919................................................................. 23,038,795

                                Food stamp program...........................         1,253,573................................................................. 1,301,258

                                Work incentive program.....................              49,805................................................................. 49,805

                                Homemaking services.........................              96,467................................................................. 113,512

                                Child protection program....................              12,385................................................................. 12,385

                                Child welfare services..........................         1,445,202................................................................. 1,673,812

             Rehabilitation division

                                Vocational rehabilitation....................            657,886................................................................. 696,287

                                Independent living—rehabilitation...              50,000................................................................. 66,666

                                Social services—vocational rehabilitation                 ........................................................... 34,349 35,712

                                Services to the blind.............................            414,163................................................................. 454,740

                                Social services for the blind................              38,282................................................................. 40,225

                                Alcohol and drug abuse rehabilitation                        ........................................................... 770,289 782,780

                                Committee to hire the handicapped.              74,486................................................................. 76,796

      Sec. 30.  Department of the military.

             For the support of the department of the military                        ................................................................. 525,372 525,130

             For the support of National Guard benefits........              50,000................................................................. 50,000

             For the support of the civil defense and disaster agency            ................................................................. 68,803 69,171

      Sec. 31.  Department of Prisons (or Corrections).

             For the support of the office of director..............         1,664,272................................................................. 1,675,802

             For the support of the Nevada state prison........         3,185,689................................................................. 4,257,895

             For the support of the northern Nevada correctional center      ................................................................. 4,350,525................................................................. 4,472,075

             For the support of the southern Nevada correctional center      ................................................................. 3,173,183................................................................. 3,330,027

             For the support of the Nevada women’s correctional center     ................................................................. 803,685 807,998

             For the support of the prison honor camps.........            914,956................................................................. 422,187

             For the support of the restitution centers.............            310,334................................................................. 246,538

             For the support of the new prison.........................             ............................................................................... 65,516

      Sec. 32.  Department (or Division) of Parole and Probation.

 


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

ê1979 Statutes of Nevada, Page 1907 (Chapter 695, AB 850)ê

 

                                                                                                             1979–80              1980–81

             For the support of the department (or division) of parole and probation...............................................      $3,071,001................................................................. $3,576,602

      Sec. 33.  Parole Board.

             For the support of the parole board.....................            144,735................................................................. 148,522

      Sec. 34.  Department of Law Enforcement Assistance.

      The following sums are hereby appropriated for the support of:

             Planning and training division...............................              62,803................................................................. 65,315

             Peace officer standards and training program...              79,542................................................................. 83,291

             Investigations and narcotics division...................         1,100,077................................................................. 1,173,758

      Sec. 35.  Department of Commerce.

      The following sums are hereby appropriated for the support of:

             Office of the director...............................................            176,407................................................................. 179,616

             Insurance division...................................................            858,088................................................................. 885,975

             Fire marshal..............................................................              81,188................................................................. 78,469

             Banking division......................................................            277,687................................................................. 282,909

             Savings and loan division......................................            160,069................................................................. 163,283

             Consumer affairs division......................................            287,629................................................................. 294,384

             Real estate division.................................................            697,661................................................................. 735,535

      Sec. 36.  Labor Commissioner.

             For the support of the labor commissioner.........            354,127................................................................. 360,382

      Sec. 37.  Nevada Industrial Commission.

             For the support of the inspector of mines...........              33,526................................................................. 33,230

      Sec. 38.  State Department of Conservation and Natural Resources.

      The following sums are hereby appropriated for the support of:

             Office of the director...............................................            271,863................................................................. 275,304

             State environmental commission.........................              50,520................................................................. 49,818

             Division of conservation districts..........................              53,211................................................................. 54,720

             Division of state lands............................................            197,062................................................................. 203,038

             Tahoe regional planning agency...........................              50,000................................................................. 50,000

             Division of historic preservation and archeology                         ................................................................. 85,000 85,000

             Division of mineral resources................................              60,610................................................................. 59,974

             Division of environmental protection..................            532,845................................................................. 559,250

             Division of water resources....................................            898,630................................................................. 921,032

             California-Nevada compact commission...........                 3,000................................................................. 3,000

             Division of state parks

                                Park administration.............................         1,857,794................................................................. 1,762,832

 


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

ê1979 Statutes of Nevada, Page 1908 (Chapter 695, AB 850)ê

 

                                                                                                             1979–80              1980–81

                                Park planning and development.......          $394,973................................................................. $403,866

             Division of forestry

                                Forestry division...................................            827,185................................................................. 868,862

                                Forestry nurseries..................................              72,067................................................................. 69,724

                                Forest fire suppression.........................            100,000................................................................. 100,000

                                Forestry honor camps..........................            375,515................................................................. 221,330

             Committee on federal land laws...........................                 9,060................................................................. 9,060

             Division of water planning.....................................              76,998................................................................. 79,825

      Sec. 39.  Department of Energy.

             For the support of the office of the director.......            146,892................................................................. 149,459

             For the support of the research and development division         ................................................................. 42,867 42,490

             For the support of the Colorado River resources division           ................................................................. 51,523 74,510

             For the support of the state energy resources advisory board    ................................................................. 12,700 12,850

             For the support of the Western Interstate Energy Board            ................................................................. 15,000 15,000

      Sec. 40.  Department of Wildlife.

             For the support of the department of wildlife....            104,681................................................................. 147,160

      Sec. 41.  Comstock Historic District Commission.

             For the support of the Comstock historic district commission   ................................................................. 18,320 13,820

      Sec. 42.  State Department of Agriculture.

             For the support of the plant industry fund..........         1,066,163................................................................. 1,105,791

             For the support of the veterinary medical services                       ................................................................. 334,101 341,835

      Sec. 43.  Nevada Junior Livestock Show Board.

             For the support of the Nevada junior livestock show board      ................................................................. 13,320 14,320

      Sec. 44.  State Predatory Animal and Rodent Control Committee.

             For the support of the state predatory animal and rodent control committee..............................................            316,449................................................................. 223,807

      Sec. 45.  High School Rodeo Association.

             For the support of the high school rodeo association                  ................................................................. 10,000 10,000

      Sec. 46.  Mining Cooperative Fund.

 


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

ê1979 Statutes of Nevada, Page 1909 (Chapter 695, AB 850)ê

 

                                                                                                             1979–80              1980–81

             For the support of the mining cooperative fund          $195,000................................................................. $200,000

      Sec. 47.  Nevada Racing Commission.

             For the support of supervision at the Henderson track               ................................................................. 43,216                

      Sec. 48.  Department of Motor Vehicles.

             For the support of the office of traffic safety....              19,134................................................................. 19,776

             For the support of the highway patrol’s communication section  ................................................................. 239,300 260,707

             For the support of the drivers’ license division...         1,332,047................................................................. 1,348,976

      Sec. 49.  State Board of Examiners.

             For the costs associated with the sale of general obligation bonds......................................................              30,000    .................................................................

      Sec. 50.  State Board of Examiners.

             For the payment of taxes by the state board of examiners pursuant to subsection 4 of NRS 361.055                  ................................................................. 43,234 43,234

      Sec. 51.  Group Insurance Committee.

             For the support of the group insurance committee                      ................................................................. 3,800     3,800

      Sec. 52.  Consolidated Bond Interest and Redemption Fund.

             For the support of the consolidated bond interest and redemption fund...................................         2,595,981................................................................. 2,402,380

      Sec. 53.  Nevada Athletic Commission.

             For the support of the Nevada athletic commission                    ................................................................. 94,820 93,930

      Sec. 54.  The following sums are hereby appropriated from the state highway fund in the state treasury for the purposes hereinafter expressed for the fiscal years beginning July 1, 1979, and ending June 30, 1980, and beginning July 1, 1980, and ending June 30, 1981.

             Attorney General: Administrative fund...............            238,114................................................................. 239,937

             Department of taxation.........................................              74,895................................................................. 80,736

             Department of motor vehicles

                                Director’s office....................................            365,953................................................................. 363,188

 


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

ê1979 Statutes of Nevada, Page 1910 (Chapter 695, AB 850)ê

 

                                                                                                             1979–80              1980–81

                                Record search program.......................            $76,000................................................................. ..............

                                Administrative services.......................         1,326,611................................................................. 1,393,832

                                Automation...........................................         1,239,452................................................................. 1,203,026

                                Law enforcement, highway patrol....         4,134,975................................................................. 4,114,362

                                Motor carrier.........................................         1,419,866................................................................. 1,431,033

                                Registration...........................................         2,085,743................................................................. 2,213,992

             Public service commission.....................................            476,288................................................................. 462,023

             State board of examiners for the payment of taxes by the state board of examiners pursuant to subsection 4 of NRS 361.055..................................................                 5,658................................................................. 5,658

      Sec. 55.  The following sums are hereby appropriated from the state insurance fund in the state treasury for the purpose hereinafter expressed for the fiscal years beginning July 1, 1979, and ending June 30, 1980, and beginning July 1, 1980, and ending June 30, 1981.

             State board of examiners for the payment of taxes by the state board of examiners pursuant to subsection 4 of NRS 361.055..................................................                 1,193................................................................. 1,193

             For the support of the state industrial attorney..            164,316................................................................. 169,463

             For the support of the NIC appeals officers.......            184,162................................................................. 192,359

             Hearings division.....................................................            221,606................................................................. 256,298

      Sec. 56.  The following sums are hereby appropriated from the fish and game fund in the state treasury for the purpose hereinafter expressed for the fiscal years beginning July 1, 1979, and ending June 30, 1980, and beginning July 1, 1980, and ending June 30, 1981.

             For the support of the state predatory animal and rodent control committee..............................................              20,000................................................................. 20,000

      Sec. 57.  1.  Except as provided in subsection 3, the sums herein appropriated shall be:

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

      (b) Work programmed for the two separate fiscal years, 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 and in accordance with the provisions of S.B.

 


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

ê1979 Statutes of Nevada, Page 1911 (Chapter 695, AB 850)ê

 

the chief of the budget division of the department of administration and in accordance with the provisions of S.B. 255.

      2.  Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and the provisions of S.B. 255 and after separate consideration of the merits of each request.

      3.  Pursuant to law, sums appropriated for the support of the supreme court of Nevada and the legislative fund shall be excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.

      Sec. 58.  Notwithstanding any other provisions of this act, the sums appropriated to:

      1.  Senior Citizens’ Property Tax Assistance (section 12);

      2.  Care of handicapped children (section 22);

      3.  Board of examiners bond sale (section 49);

      4.  Forest fire suppression (section 38);

      5.  National guard benefits (section 30);

      6.  Tuberculosis control (section 29);

      7.  Maternal, child, school and special children’s services (section 29);

      8.  Aid to dependent children (section 29);

      9.  Assistance to aged and blind (section 29);

      10.  Medical care unit (section 29);

      11.  Food stamp program (section 29);

      12.  Child welfare services (section 29);

      13.  Consolidated bond interest and redemption fund (section 52),

shall be 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.

      Sec. 59.  Notwithstanding any other provision of this act, the sums appropriated to the legislative fund by section 17 for the support of the legislative commission and the various divisions of the legislative counsel bureau shall be available for both fiscal years 1979-80, and 1980-81, and may be transferred among the legislative commission and the various divisions of the legislative counsel bureau and from one fiscal year to another with the approval of the legislative commission upon the recommendation of the director of the legislative counsel bureau.

      Sec. 60.  1.  There is hereby appropriated the sum of $20,000 from the general fund in the state treasury for the 1979–81 bienium to the Commissioner for Veteran Affairs to purchase services from veterans organizations. Any balances remaining on June 30, 1981, shall not be committed or obligated for expenditure and shall revert to the general fund.

      2.  There is hereby appropriated the sum of $50,000 to the welfare division of the department of human resources for working capital in the child support enforcement program.

      Sec. 61.  Notwithstanding any other provisions of this act, the sums appropriated to the department of prisons (or corrections) by section 31 of this act may be transferred among the various budget accounts of the Nevada state prison with the approval of the interim finance committee upon the recommendation of the governor.

 


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

ê1979 Statutes of Nevada, Page 1912 (Chapter 695, AB 850)ê

 

appropriated to the department of prisons (or corrections) by section 31 of this act may be transferred among the various budget accounts of the Nevada state prison with the approval of the interim finance committee upon the recommendation of the governor.

      Sec. 62.  Sums appropriated to the Tahoe regional planning agency by section 38 of this act may be used for the support of the Nevada Tahoe regional planning agency if the State of California does not provide continued support for the Tahoe regional planning agency.

      Sec. 63.  1.  Unencumbered balances of the appropriations herein made for the fiscal years 1979–80 and 1980–81 shall not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsection 2 of this section, unencumbered balances of these appropriations shall revert to the fund from which appropriated.

      2.  Any unencumbered balance of the appropriations made to the legislative fund by section 17 shall not revert to the general fund but shall constitute a balance carried forward.

      Sec. 64.  For the fiscal year ending June 30, 1979, there is hereby appropriated from the general fund in the state treasury:

      1.  The sum of $26,223 for the support of the supreme court of Nevada as an additional and supplemental appropriation to that allowed and made by section 18 of chapter 574, Statutes of Nevada 1977.

      2.  The sum of $106,885 for the support of the legislative counsel bureau as an additional and supplemental appropriation to that allowed and made by section 17 of chapter 574, Statutes of Nevada 1977.

      3.  The sum of $10,000 to the public employees’ retirement board to be expended for the administration of the legislators’ retirement system.

      Sec. 65.  This section and section 64 of this act shall become effective upon passage and approval. The remaining sections shall become effective on July 1, 1979.

 

________

 

 

CHAPTER 696, AB 541

Assembly Bill No. 541–Assemblymen Bedrosian, Wagner, Prengaman, Westall, Webb, Rusk, Coulter and Barengo

CHAPTER 696

AN ACT relating to control of water pollution; defining and providing for licensing and regulation of package plants for sewage treatment; requiring surety and authorizing assessments to ensure continued operation; and providing other matters properly relating thereto.

 

[Approved June 7, 1979]

 

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

 

      Section 1.  Chapter 445 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  “Package plant for sewage treatment” means any plant which:

      (a) Consists of units or modules designed for construction, assembly, connection and installation at the site for treatment of sewage; and

 


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

ê1979 Statutes of Nevada, Page 1913 (Chapter 696, AB 541)ê

 

      (b) Is privately owned and will be operated to treat waste water and sewage for a limited area.

      2.  The term does not include a plant for the treatment of domestic sewage whose capacity is less than 5,000 gallons.

      Sec. 2.5.  Any public utility subject to the jurisdiction of the public service commission which is providing sewerage on the effective date of this act is exempt from the provisions of sections 3 and 4 of this act.

      Sec. 3.  A permit to discharge water from a package plant for sewage treatment may not be issued unless all of the following conditions are met:

      1.  Neither of the following is available:

      (a) Sewerage provided by a public utility; or

      (b) Sewerage provided by a municipality or other public entity.

      2.  The applicant fully complies with all of the conditions of NRS 445.221 to 445.241, inclusive.

      3.  The local governing body assumes:

      (a) Responsibility in case of default by the builder or developer for the continued operation and maintenance of the plant in accordance with all of the terms and conditions of the permit.

      (b) The duty of assessing the lands served as provided in subsection 5.

      4.  The applicant furnishes the local governing body sufficient surety in the form of a bond, certificate of deposit, investment certificate or any other form acceptable to the governing body, to ensure the continued maintenance and operation of the plant:

      (a) For a period of 5 years following the date the plant is placed in operation; or

      (b) Until 75 percent of the lots or parcels served by the plant are sold, whichever is later.

      5.  The owners of the lands to be served by the package plant for sewage treatment record a declaration of covenants, conditions and restrictions, which is an equitable servitude running with the land and which must provide that each lot or parcel will be assessed by the local governing body for its proportionate share of the cost of continued operation and maintenance of the plant if there is a default by the applicant or operator of the plant and a sufficient surety, as provided in subsection 4, is not available.

      6.  The declaration of covenants, conditions and restrictions recorded by the owners further provides that if the local governing body determines that:

      (a) The plant is not satisfactorily serving the needs of its users; and

      (b) Sewerage provided by a public utility or a municipality or other public entity is reasonably available,

the local governing body may require all users of a package plant for sewage treatment to connect into the available sewers provided by a public utility or a municipality or other public entity, and each lot or parcel will be assessed by the local governing body for its proportionate share of the cost of connecting into those sewers. These assessments are not subject to the jurisdiction of the public service commission.

      7.  Provision has been made for disposition of the plant and the land on which it is situated after the local governing body requires all users to connect into available sewers provided by a public utility or a municipality or other public entity.

 


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

ê1979 Statutes of Nevada, Page 1914 (Chapter 696, AB 541)ê

 

      Sec. 3.4.  No lien for the assessments provided by the covenants, conditions and restrictions described in section 3 of this act is binding upon the property until the local governing body, after a hearing, establishes the costs, apportions them to each lot or parcel and records a notice of lien in the office of the county recorder in the county in which the property is located.

      Sec. 3.6.  1.  If the department has found that any of the conditions of a permit to discharge water from a package plant for sewage treatment are being violated and has notified the holder of the permit that he must bring the plant into compliance, but the holder of the permit has failed to comply within a reasonable time after the date of the notice, the local governing body may take the following actions independently of any further action by the department:

      (a) Give written notice, by certified mail, to the owner of the plant and the owners of the property served by the plant that if the violation is not corrected within 30 days after the date of the notice, the local governing body will seek a court order authorizing it to assume control; and

      (b) After the 30-day period has expired, if the plant has not been brought into compliance, apply to the district court for an order authorizing the local governing body to assume control of the plant and assess the property for the continued operation and maintenance of the plant as provided in subsection 5 of section 3 of this act.

      2.  If the local governing body determines at any time that immediate action is necessary to protect the public health and welfare, it may assume physical control and operation of a package plant for sewage treatment without complying with any of the requirements set forth in subsection 1. The local governing body may not maintain control of the plant pursuant to this subsection for a period greater than 30 days unless it obtains an order from the district court authorizing an extension.

      Sec. 4.  1.  The proceeds of any assessments upon lots or parcels must be deposited with the treasurer of the local governing body which received them, and they may be expended only for the following purposes:

      (a) Continued maintenance and operation of the package plant for sewage treatment;

      (b) Replacement of the plant if necessary; and

      (c) Payment of the costs of connection to any sewer provided by a public utility or a municipality or other public entity that becomes reasonably available.

      2.  If any surplus exists in the proceeds of assessments after all purposes of the assessments have been fully met, the surplus must be refunded to the persons who paid the assessments, in the proportion that their respective assessments bear to the gross proceeds of all assessments collected by the local governing body.

      Sec. 5.  No provision of this chapter prevents:

      1.  A local governing body or a health district from imposing its own conditions for approval of the operation of any package plant for sewage treatment located within its jurisdiction, which may be more stringent than those authorized by this chapter.

 


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

ê1979 Statutes of Nevada, Page 1915 (Chapter 696, AB 541)ê

 

      2.  A local governing body from requiring the prior approval of proposed package plants for sewage treatment by a local committee created for this purpose.

      3.  A local governing body from converting connections to package plants for sewage treatment into connections to sewers provided by a public utility or a municipality or other public entity.

      Sec. 5.5.  NRS 445.133 is hereby amended to read as follows:

      445.133  As used in NRS 445.131 to 445.354, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the terms defined in NRS 445.134 to 445.196, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 6.  Section 2 of chapter 247, Statutes of Nevada 1979, is hereby amended to read as follows:

 

       Sec. 2.  NRS 445.133 is hereby amended to read as follows:

445.133  As used in NRS 445.131 to 445.354, inclusive, [and] sections 2 to 5, inclusive, of [this act,] Assembly Bill 541 of the 60th session of the Nevada legislature, and section 1 of this act, unless the context otherwise requires, the terms defined in NRS 445.134 to 445.196, inclusive, and section 2 of Assembly Bill 541 of the 60th session of the Nevada legislature have the meanings ascribed to them in those sections.

 

      Sec. 6.5.  Section 2 of Assembly Bill No. 572 of the 60th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 2.  NRS 445.133 is hereby amended to read as follows:

       445.133  As used in NRS 445.131 to 445.354, inclusive, [and] section 1 of [this act] chapter 247, Statutes of Nevada 1979, sections 2 to 5, inclusive, of Assembly Bill 541 of the 60th session of the Nevada legislature and sections 8 to 11, inclusive, of this act, unless the context otherwise requires, the terms defined in NRS 445.134 to 445.196, inclusive, section 2 of Assembly Bill 541 of the 60th session of the Nevada legislature and section 8 of this act, have the meanings ascribed to them in those sections.

 

      Sec. 7.  NRS 445.201 is hereby amended to read as follows:

      445.201  1.  Except as specifically provided in NRS 445.287 to 445.301, inclusive, the commission shall:

      (a) Develop, propose, promulgate and amend from time to time, after notice and public hearing, rules and regulations implementing and furthering the provisions of NRS 445.131 to 445.354, inclusive, including standards of water quality and waste discharge.

      (b) Advise, consult and cooperate with other agencies of the state, the Federal Government, other states, interstate agencies and other persons in furthering the provisions of NRS 445.131 to 445.354, inclusive.

      2.  In promulgating regulations, water quality standards and effluent limitations pursuant to NRS 445.131 to 445.254, inclusive, the commission shall recognize the historical irrigation practices in the respective river basins of this state, and the economy thereof, and their effects.

      3.  The commission may hold hearings, issue notices of hearings, issue subpenas requiring the attendance of witnesses and the production of evidence, administer oaths, and take testimony as it deems necessary to carry out the provisions of subsections 1 and 2 and for the purpose of reviewing water quality standards.

 


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

ê1979 Statutes of Nevada, Page 1916 (Chapter 696, AB 541)ê

 

evidence, administer oaths, and take testimony as it deems necessary to carry out the provisions of subsections 1 and 2 and for the purpose of reviewing water quality standards.

      4.  The commission shall determine and prescribe the qualifications and duties of the supervisors and technicians responsible for the operation and maintenance of package plants for sewage treatment.

      Sec. 7.5.  Section 4 of Assembly Bill No. 572 of the 60th session of the Nevada legislature is hereby amended to read as follows:

 

       Sec. 4.  NRS 445.201 is hereby amended to read as follows:

       445.201  1.  Except as specifically provided in NRS 445.287 to 445.301, inclusive, the commission shall:

       (a) Develop, propose, [promulgate] adopt and amend from time to time, after notice and public hearing, [rules and] regulations [implementing and furthering] carrying out the provisions of NRS 445.131 to 445.354, inclusive, and sections 8 to 11, inclusive, of this act, including standards of water quality and [waste discharge.] amounts of waste which may be discharged into water.

       (b) Advise, consult and cooperate with other agencies of the state, the Federal Government, other states, interstate agencies and other persons in furthering the provisions of NRS 445.131 to 445.354, inclusive [.] , and sections 8 to 11, inclusive, of this act.

       2.  In [promulgating] adopting regulations, water quality standards and effluent limitations pursuant to [NRS 445.131 to 445.254, inclusive,] those sections, the commission shall recognize the historical irrigation practices in the respective river basins of this state, and the economy thereof, and their effects.

       3.  The commission may hold hearings, issue notices of hearings, issue subpenas requiring the attendance of witnesses and the production of evidence, administer oaths, and take testimony as it deems necessary to carry out the provisions of subsections 1 and 2 and for the purpose of reviewing water quality standards.

       4.  The commission shall determine and prescribe the qualifications and duties of the supervisors and technicians responsible for the operation and maintenance of package plants for sewage treatment.

 

      Sec. 8.  NRS 445.214 is hereby amended to read as follows:

      445.214  The director has the following powers and duties:

      1.  To perform any acts consistent with the requirements of state and federal water pollution control legislation and conditions thereof relating to participation in and administration by this state of the National Pollutant Discharge Elimination System;

      2.  To administer and enforce the provisions of NRS 445.131 to 445.354, inclusive, and all rules, regulations and standards promulgated by the commission, and all orders and permits promulgated or issued by the department;

      3.  To examine and approve or disapprove plans and specifications for the construction and operation [by a political subdivision] of new sewerage systems and treatment works and extensions, modifications of or additions to new or existing sewerage systems or treatment works;

      4.  To advise, consult and cooperate with other agencies of the state, the Federal Government, other states, interstate agencies and with other persons in furthering the purposes of NRS 445.131 to 445.354, inclusive;

 

 


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ê1979 Statutes of Nevada, Page 1917 (Chapter 696, AB 541)ê

 

the Federal Government, other states, interstate agencies and with other persons in furthering the purposes of NRS 445.131 to 445.354, inclusive;

      5.  To qualify for, accept and administer loans and grants from the Federal Government and from other sources, public or private, for carrying out any functions under NRS 445.131 to 445.354, inclusive;

      6.  To encourage, request, participate in or conduct studies, surveys, investigations, research, experiments, demonstrations and pilot programs by contract, grant or other means;

      7.  To maintain and to require [others] supervisors and operators of treatment plants which are privately owned or owned by a municipality or other public entity to maintain records, monitoring devices and procedures for making inspections and obtaining samples necessary to prepare reports;

      8.  To collect and disseminate information to the public as the director deems advisable and necessary for the discharge of his duties under NRS 445.131 to 445.354, inclusive;

      9.  To develop comprehensive plans and programs for preventing, reducing or eliminating pollution, with due regard to the improvements which are necessary to conserve such waters for the protection and propagation of fish and aquatic life, wildlife, recreational purposes, public water supply, agricultural, industrial and other purposes;

      10.  To certify all costs and expenditures for any facility, land, building, machinery, equipment, treatment works, sewerage or disposal systems which are acquired, constructed or installed in conformity with the purposes of NRS 445.131 to 445.354, inclusive;

      11.  To hold hearings, to issue notices of hearings, to issue subpenas requiring the attendance of witnesses and the production of evidence, to administer oaths, and to take testimony as the director finds necessary to carry out the provisions of NRS 445.131 to 445.354, inclusive;

      12.  To exercise all incidental powers necessary to carry out the purposes of NRS 445.131 to 445.354, inclusive; and

      13.  To delegate to the division any function or authority granted to him under NRS 445.131 to 445.354, inclusive.

      Sec. 9.  NRS 445.227 is hereby amended to read as follows:

      445.227  The department may issue permits for fixed terms not to exceed 5 years [.] , but a permit to operate a package plant for sewage treatment must be reviewed annually by the department. In compliance with such rules and regulations as the commission shall prescribe, the department may issue a new permit upon expiration of an existing permit if:

      1.  The permitholder is in [compliance with or has substantially complied] full or substantial compliance with all the terms, conditions, requirements and schedules of compliance of the expired permit;

      2.  The department has current information on the nature, contents and frequency of the permitholder’s discharge, either pursuant to the submission of new forms and applications or pursuant to monitoring records and reports submitted to the department by the permitholder; and

      3.  The discharge is consistent with applicable effluent standards and limitations, water quality standards and other legally applicable requirements set forth in NRS 445.244 to 445.257, inclusive.

 


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ê1979 Statutes of Nevada, Page 1918 (Chapter 696, AB 541)ê

 

      Sec. 10.  Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  If the board of county commissioners determines that:

      (a) A package plant for sewage treatment which is located in the county and is exempt from the provisions of sections 3 and 4 of this act is not satisfactorily serving the needs of its users; and

      (b) Sewerage provided by a public utility or a municipality or other public entity is reasonably available to those users,

the board may require all users of the plant to connect into the available sewers provided by a public utility or a municipality or other public entity, and may assess each lot or parcel served for its proportionate share of the cost of connecting into those sewers. These assessments are not subject to the jurisdiction of the public service commission.

      2.  If the state department of conservation and natural resources has found that a package plant for sewage treatment which is exempt from the provisions of sections 3 and 4 of this act is violating any of the conditions of NRS 445.221 to 445.241, inclusive, and has notified the holder of the permit that he must bring the plant into compliance, but the holder of the permit has failed to comply within a reasonable time after the date of the notice, the board of county commissioners of the county in which the plant is located may take the following actions independently of any further action by the state department of conservation and natural resources:

      (a) Give written notice, by certified mail, to the owner of the plant and the owners of the property served by the plant that if the violation is not corrected within 30 days after the date of the notice, the board of county commissioners will seek a court order authorizing it to assume control; and

      (b) After the 30-day period has expired, if the plant has not been brought into compliance, apply to the district court for an order authorizing the board to assume control of the plant and assess the property for the continued operation and maintenance of the plant as provided in subsection 4.

      3.  If the board of county commissioners determines at any time that immediate action is necessary to protect the public health and welfare, it may assume physical control and operation of a package plant for sewage treatment which is located in the county and is exempt from the provisions of sections 3 and 4 of this act, without complying with any of the requirements set forth in subsection 2. The board may not maintain control of the plant pursuant to this subsection for a period greater than 30 days unless it obtains an order from the district court authorizing an extension.

      4.  Each lot and parcel served by a package plant for sewage treatment which is exempt from the provisions of sections 3 and 4 of this act is subject to assessment by the board of county commissioners of the county in which the plant is located for its proportionate share of the cost of continued operation and maintenance of the plant if there is a default or the county assumes control and operation of the plant pursuant to subsection 2 or 3.

      Sec. 11.  Chapter 268 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 1919 (Chapter 696, AB 541)ê

 

      1.  If the governing body of the city determines that:

      (a) A package plant for sewage treatment which is located within the city limits and is exempt from the provisions of sections 3 and 4 of this act is not satisfactorily serving the needs of its users; and

      (b) Sewerage provided by a public utility, the city or another municipality or other public entity is reasonably available to those users,

the governing body may require all users of the plant to connect into the available sewers provided by a public utility, the city or another municipality or other public entity, and may assess each lot or parcel served for its proportionate share of the cost of connecting into those sewers. These assessments are not subject to the jurisdiction of the public service commission.

      2.  If the state department of conservation and natural resources has found that a package plant for sewage treatment which is exempt from the provisions of sections 3 and 4 of this act is violating any of the conditions of NRS 445.221 to 445.241, inclusive, and has notified the holder of the permit that he must bring the plant into compliance, but the holder of the permit has failed to comply within a reasonable time after the date of the notice, the governing body of the city in which the plant is located may take the following actions independently of any further action by the state department of conservation and natural resources:

      (a) Give written notice, by certified mail, to the owner of the plant and the owners of the property served by the plant that if the violation is not corrected within 30 days after the date of the notice, the governing body of the city will seek a court order authorizing it to assume control; and

      (b) After the 30-day period has expired, if the plant has not been brought into compliance, apply to the district court for an order authorizing the governing body to assume control of the plant and assess the property for the continued operation and maintenance of the plant as provided in subsection 4.

      3.  If the governing body of the city determines at any time that immediate action is necessary to protect the public health and welfare, it may assume physical control and operation of a package plant for sewage treatment which is located within the city limits and is exempt from the provisions of sections 3 and 4 of this act, without complying with any of the requirements set forth in subsection 2. The governing body may not maintain control of the plant pursuant to this subsection for a period greater than 30 days unless it obtains an order from the district court authorizing an extension.

      4.  Each lot and parcel served by a package plant for sewage treatment which is exempt from the provisions of sections 3 and 4 of this act is subject to assessment by the governing body of the city in which the plant is located for its proportionate share of the cost of continued operation and maintenance of the plant if there is a default or the city assumes control and operation of the plant pursuant to subsection 2 or 3.

      Sec. 12.  NRS 278.377 is hereby amended to read as follows:

      278.377  1.  A final map presented for filing [shall] must include a certificate by:

      (a) The health division of the department of human resources, or the local agency acting pursuant to NRS 278.335 indicating that the final map is approved concerning sewage disposal, water pollution, water quality and water supply facilities.

 


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ê1979 Statutes of Nevada, Page 1920 (Chapter 696, AB 541)ê

 

local agency acting pursuant to NRS 278.335 indicating that the final map is approved concerning sewage disposal, water pollution, water quality and water supply facilities. The health division or local agency may not issue a certificate unless it has received written verification from the division of environmental protection of the state department of conservation and natural resources that the map or plan has been approved with regard to water pollution and sewage disposal in accordance with the Nevada Water Pollution Control Law.

      (b) The division of water resources of the state department of conservation and natural resources, showing that the final map is approved concerning water quantity.

      2.  A copy of the certificate by the division of water resources required by subsection 1 [shall] must be furnished to the subdivider who in turn shall provide a copy of such certificate to each purchaser of land [prior to] before the time the sale is completed. Any statement of approval as required in subsection 1 is not a warranty or representation in favor of any person as to the safety or quantity of such water.

      Sec. 13.  Section 5 of Senate Bill No. 184 of the 60th session of the Nevada legislature is hereby amended to read:

 

       Sec. 5.  NRS 278.377 is hereby amended to read as follows:

       278.377  1.  A final map presented for filing must include a certificate by:

       (a) The health division of the department of human resources, or the local agency acting pursuant to NRS 278.335, indicating that the final map is approved concerning sewage disposal, water pollution, water quality and water supply facilities. The health division or local agency may not issue a certificate unless it has received written verification from the division of environmental protection of the state department of conservation and natural resources that the map or plan has been approved with regard to water pollution and sewage disposal in accordance with the Nevada Water Pollution Control Law.

       (b) The division of water resources of the state department of conservation and natural resources, showing that the final map is approved concerning water quantity.

       2.  Any person aggrieved by the issuance or denial of approval with regard to water pollution and sewage disposal by the division of environmental protection of the state department of conservation and natural resources may appeal to the state environmental commission, which shall affirm, modify or reverse the action of the division. The commission shall adopt regulations providing the time within which appeals must be taken and the manner of taking the appeal to the commission.

       [2.]3.  A copy of the certificate by the division of water resources required by subsection 1 must be furnished to the subdivider who in turn shall provide a copy of such certificate to each purchaser of land before the time the sale is completed. Any statement of approval as required in subsection 1 is not a warranty or representation in favor of any person as to the safety or quantity of such water.

 


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ê1979 Statutes of Nevada, Page 1921 (Chapter 696, AB 541)ê

 

      Sec. 14.  NRS 704.340 is hereby amended to read as follows:

      704.340  1.  [A] Subject to the provisions of subsection 3, a municipality constructing, leasing, operating or maintaining any public utility or a trust created for the benefit and furtherance of any public function pursuant to the provisions of general or special law, other than a trust which undertakes to provide transportation by use of a motor vehicle as a common or contract carrier, is not required to obtain a certificate of public convenience, but any trust so created which undertakes the operation of a public utility shall first submit a certified copy of the trust documents or prepared trust documents to the commission together with a detailed explanation of the purposes, scope, area to be affected and such other pertinent information necessary to assist the commission in making a determination as to whether the service presently being offered by any existing public utility would be unreasonably impaired by the approval of such trust documents.

      2.  The commission shall, after investigation and hearing on any contemplated trust coming within the provisions of subsection 1, submit a report of its findings and reasons therefor to the state and each political subdivision within which such trust contemplates operation. Such trust shall not become effective unless and until written approval has been given by the commission.

      3.  If a municipality assumes operation and control of a package plant for sewage treatment pursuant to the provisions of section 3.6 or subsection 2 or 3 of section 11 of this act, the plant is exempt from the jurisdiction of the commission only for the period of time the municipality continues the maintenance and operation of the plant. The certificate of public convenience as it applies to that plant is suspended for that period of time.

      Sec. 15.  This act shall become effective upon passage and approval.

 

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CHAPTER 697, AB 826

Assembly Bill No. 826–Committee on Commerce

CHAPTER 697

AN ACT relating to insurance; making various amendments to the Nevada Insurance Code; and providing other matters properly relating thereto.

 

[Approved June 8, 1979]

 

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

 

      Section 1.  NRS 685A.070 is hereby amended to read as follows:

      685A.070  1.  A broker shall not knowingly place surplus lines insurance with an insurer [that] which is unsound financially [,] or [that is] ineligible under this section.

      2.  No insurer [shall be] is eligible for the acceptance of surplus lines risks under this chapter unless it has surplus as to policyholders not less in amount than that required of a like domestic insurer formed under this code and transacting the same kind or kinds of insurance, and, if an alien insurer, unless it has and maintains in a bank or trust company which is a member of the United States Federal Reserve System a trust fund established under terms reasonably adequate for the protection of all of its policy holders in the United States of America in an amount of not less than [$500,000.]

 


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ê1979 Statutes of Nevada, Page 1922 (Chapter 697, AB 826)ê

 

in amount than that required of a like domestic insurer formed under this code and transacting the same kind or kinds of insurance, and, if an alien insurer, unless it has and maintains in a bank or trust company which is a member of the United States Federal Reserve System a trust fund established under terms reasonably adequate for the protection of all of its policy holders in the United States of America in an amount of not less than [$500,000.] $1,000,000. In the case of a group of individual unincorporated insurers, such a trust fund [shall] must be not less than $50,000,000. The commissioner may require larger trust funds than those set forth above if in his judgment the volume of business being transacted or proposed to be transacted warrants [such] larger amounts.

      3.  The commissioner may from time to time compile or approve a list of all surplus lines insurers deemed by him to be eligible currently, and may mail a copy of [such] the list to each broker at his office last of record with the commissioner. This subsection [shall not be deemed to] does not require the commissioner to determine the actual financial condition or claims practices of any unauthorized insurer; and the status of eligibility, if granted by the commissioner, [shall indicate] indicates only that the insurer appears to be sound financially and to have satisfactory claims practices, and that the commissioner has no credible evidence to the contrary. While any such list in in effect, the broker shall restrict to the insurers so listed all surplus lines business placed by him.

      Sec. 2.  NRS 685A.080 is hereby amended to read as follows:

      685A.080  1.  Upon placing a surplus lines coverage, the broker shall promptly issue and deliver to the insured evidence of the insurance consisting either of the policy as issued by the insurer, or, if such a policy is not then available, the surplus lines broker’s certificate [. Such a certificate shall be] executed by the broker [and shall] or a cover note endorsed by the broker. Such a certificate or endorsed cover note must show the description and location of the subject of the insurance, coverage, conditions and term of the insurance, the premium and rate charged and taxes collected from the insured, and the name and address of the insured and insurer [.] and must state that the broker has verified that the insurance described has been granted or issued. If the direct risk is assumed by more than one insurer, the certificate [shall] must state the name and address and proportion of the entire direct risk assumed by each such insurer.

      2.  [No broker shall] A broker shall not issue any such certificate or any cover note, or purport to insure or represent that insurance will be or has been granted by any unauthorized insurer, unless he has prior written authority from the insurer for the insurance, or has received information from the insurer in the regular course of business that [such] the insurance has been granted, or an insurance policy providing the insurance actually has been issued by the insurer and delivered to the insured.

      3.  If after the issuance and delivery of any such certificate there is any change as to the identity of the insurers, or the proportion of the direct risk assumed by an insurer as stated in the broker’s original certificate, or in any other material respect as to the insurance evidenced by the certificate, the broker shall promptly issue and deliver to the insured a substitute certificate accurately showing the current status of the coverage and the insurers responsible thereunder.

 


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ê1979 Statutes of Nevada, Page 1923 (Chapter 697, AB 826)ê

 

      4.  If a policy issued by the insurer is not available upon placement of the insurance and the broker has issued and delivered his certificate as provided in this section, upon request therefor by the insured the broker shall as soon as reasonably possible procure from the insurer its policy evidencing [such] the insurance and deliver [such] the policy to the insured in replacement of the broker’s certificate theretofore issued.

      5.  Any surplus lines broker who knowingly or negligently issues a false certificate of insurance or who fails promptly to notify the insured of any material change with respect to [such] the insurance by delivery to the insured of a substitute certificate as provided in subsection 3 [shall be] is subject to the penalty provided by NRS 679A.180 or to any greater applicable penalty otherwise provided by law.

      Sec. 3.  NRS 685A.150 is hereby amended to read as follows:

      685A.150  A licensed surplus lines broker may accept surplus lines business from any [resident] agent or [resident] broker licensed in this state for the kind of insurance involved, and may compensate the agent or broker therefor.

      Sec. 4.  NRS 685A.210 is hereby amended to read as follows:

      685A.210  1.  The commissioner may adopt reasonable regulations, consistent with the Surplus Lines Law, for any [and all] of the following purposes:

      (a) Effectuation of the law; and

      (b) Establishment of procedures through which determination is to be made as to the eligibility of particular proposed coverages for export. [; and

      (c) Establishment, procedures and operations of any voluntary organization of surplus lines brokers or others designed to assist such brokers to comply with the Surplus Lines Law, and for the collection on behalf of the state and remission to the commissioner of the tax on surplus lines coverages provided for in NRS 685A.180.]

      2.  Such regulations carry the penalty provided by NRS 679B.130.

 

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