[Rev. 4/6/2015 4:25:08 PM]

LAWS OF THE STATE OF NEVADA

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ê1981 Statutes of Nevada, Page 1ê

 

LAWS OF THE STATE OF NEVADA

Passed at the

SIXTY-FIRST SESSION OF THE LEGISLATURE

1981

 

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CHAPTER 1, SB 1

Senate Bill No. 1–Senator Lamb

CHAPTER 1

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

 

[Approved January 23, 1981]

 

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

 

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

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

 

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CHAPTER 2, SB 27

Senate Bill No. 27–Senators Raggio, Wilson, Wagner, Kosinski, McCorkle and Jacobsen

CHAPTER 2

AN ACT relating to boards of equalization; permitting the enlargement of the county boards; extending the time during which business must be concluded and protests must be filed with the state board; and providing other matters properly relating thereto.

 

[Approved January 28, 1981]

 

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

 

      Section 1.  NRS 361.340 is hereby amended to read as follows:

      361.340  1.  Except as provided in subsection 2, the board of equalization of each county [shall consist] consists of:

      (a) Five members, only two of whom may be elected public officers, in counties having a population of 10,000 or more; and

      (b) Three members, only one of whom may be an elected public officer, in counties having a population of less than 10,000.

      2.  The board of county commissioners may by resolution provide for an additional panel of like composition to be added to the board of equalization to serve for a designated fiscal year.


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ê1981 Statutes of Nevada, Page 2 (Chapter 2, SB 27)ê

 

an additional panel of like composition to be added to the board of equalization to serve for a designated fiscal year. If such an additional panel is added, it shall determine the valuation of residential real property and the other members of the board shall sit separately to determine the valuation of all other property subject to its jurisdiction.

      3.  A district attorney, county treasurer or county assessor or any of their deputies or employees [shall] may not be appointed to the county board of equalization.

      [3.]4.  The chairman of the board of county commissioners shall nominate persons to serve on the county board of equalization who are sufficiently experienced in business generally to be able to bring knowledge and sound judgment to the deliberations of the board or who are elected public officers. The nominees [shall] must be appointed upon a majority vote of the board of county commissioners. The chairman of the board of county commissioners shall designate one of the appointees to serve as chairman of the county board of equalization.

      [4.]5.  Except as otherwise provided in this subsection, the term of each member is 4 years and any vacancy must be filled by appointment for the unexpired term. The term of any elected public officer expires upon the expiration of the term of his elected office.

      [5.]6.  The county clerk [shall be] or his designated deputy is the clerk of each panel of the county board of equalization.

      [6.]7.  Any member of the county board of equalization may be removed by the board of county commissioners if, in its opinion, the member is guilty of malfeasance in office or neglect of duty.

      [7.]8.  The members of the county board of equalization are entitled to receive per diem allowance and travel expenses as provided by law.

      [8.]9.  A majority of the members of the county board of equalization constitutes a quorum, and a majority of the board determines the action of the board.

      [9.]10.  The county board of equalization of each county shall meet during January and February of each year, and shall hold such number of meetings [during that month] as may be necessary to care for the business of equalization presented to it, and in any event shall meet at least once each week during the time provided by this section. The county board of equalization shall conclude the business of equalization on or before the [31st day of January] 27th day of February of each year. The state board of equalization may establish procedures for the county boards, including setting the period for hearing appeals and for setting aside time to allow the county board to review and make final determinations. The district attorney or his deputy shall be present at all meetings of the county board of equalization to explain the law and the board’s authority.

      [10.]11.  The county assessor or his deputy shall attend all meetings of each panel of the county board of equalization.

      Sec. 2.  NRS 361.380 is hereby amended to read as follows:

      361.380  1.  Except as otherwise provided in subsection 3, annually, the state board of equalization shall convene on the 1st Monday in February in Carson City, Nevada, and shall hold such number of meetings as may be necessary to care for the business of equalization presented to it.


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ê1981 Statutes of Nevada, Page 3 (Chapter 2, SB 27)ê

 

All protests to the state board of equalization [shall] must be made on or before [the 4th Monday of February.] March 5. The state board of equalization shall conclude the business of equalization on cases that in its opinion have a substantial effect on tax revenues on or before [March 4.] March 10. Cases having less than a substantial effect on tax revenues may be heard at additional meetings which may be held at any time and place in the state [prior to] before October 1.

      2.  The publication in the statutes of the foregoing time, place and purpose of each regular session of the state board of equalization shall be deemed notice of [such] the sessions, or if it so elects, the state board of equalization may cause published notices of [such] regular sessions to be made in the press, or may notify parties in interest by letter or otherwise.

      3.  The state board of equalization may designate some place other than Carson City, Nevada, for any of the meetings specified in subsection 1. If [such other] another place is so designated, notice thereof [shall] must be given by publication of a notice once a week for 2 consecutive weeks in some newspaper of general circulation in the county in which [such] the meeting or meetings are to be held.

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

 

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CHAPTER 3, SB 119

Senate Bill No. 119–Committee on Finance

CHAPTER 3

AN ACT making an additional and supplemental appropriation to the welfare division of the department of human resources for aid to dependent children; and providing other matters properly relating thereto.

 

[Approved January 30, 1981]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the welfare division of the department of human resources the sum of $2,161,837 for aid to dependent children. This appropriation is additional and supplemental to that allowed and made by section 29 of chapter 695, Statutes of Nevada 1979.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1981, and reverts on that date to the state general fund.

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

 

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ê1981 Statutes of Nevada, Page 4ê

 

CHAPTER 4, AB 84

Assembly Bill No. 84–Committee on Legislative Functions

CHAPTER 4

AN ACT relating to the state legislature; providing for advances of money for travel expenses; increasing the allowances for per diem and travel; and providing other matters properly relating thereto.

 

[Approved February 16, 1981]

 

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

 

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

      1.  During a regular session of the legislature, any legislator may apply for advance money for travel expenses, not to exceed in the aggregate the total amount of travel expenses to which he is entitled under NRS 218.220 for a regular session, by filing a request with the majority leader of the senate if a senator, or the speaker of the assembly if an assemblyman.

      2.  If the majority leader or the speaker approves the request, he shall forward a copy of the request and approval to the legislative auditor.

      3.  Upon receiving a copy of the request and approval from the majority leader or the speaker, the legislative auditor shall issue a check drawn upon the checking account of the legislative counsel bureau for the amount of the advance requested.

      4.  When approved by the majority leader or the speaker, a request for advance money constitutes a lien in favor of the legislative fund upon the accrued salary, subsistence allowance and travel expenses of the legislator in an amount equal to the sum advanced.

      5.  The legislator is entitled to receive upon a claim made pursuant to NRS 218.220 any authorized travel expenses in excess of the amount advanced.

      Sec. 2.  NRS 218.220 is hereby amended to read as follows:

      218.220  1.  The per diem expense allowance and the travel and telephone expenses of senators and assemblymen [duly] elected or appointed and in attendance at any session or presession orientation conference of the legislature must be allowed in the manner set forth in this section.

      2.  For initial travel from his home to Carson City, Nevada, to attend a session or presession orientation conference of the legislature, and for return travel from Carson City, Nevada, to his home upon adjournment sine die of a session or termination of a presession orientation conference of the legislature, each senator and assemblyman is entitled to receive:

      (a) A per diem expense allowance [of $44] not to exceed the greater of:

             (1) The rate of $44; or

             (2) The maximum rate established by the Federal Government for the locality in which the travel is performed,

for one day’s travel to and one day’s travel from the session or conference.

      (b) Travel expenses computed at the rate of [17] 20 cents per mile traveled.


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ê1981 Statutes of Nevada, Page 5 (Chapter 4, AB 84)ê

 

      3.  In addition to the per diem and travel expenses authorized by subsection 2, each senator and assemblyman is entitled to receive a supplemental travel allowance which must not exceed:

      (a) A total of [$2,550] $3,500 during each regular session of the legislature; and

      (b) A total of $1,000 during each special session of the legislature,

for travel to and from his home or temporary residence or for traveling to and from legislative committee and subcommittee meetings or hearings or for individual travel within the state which relates to legislative business, computed at the rate of [17] 20 cents per mile.

      4.  Each senator and assemblyman is entitled to receive a per diem expense allowance [of $44] not to exceed the greater of:

      (a) The rate of $44; or

      (b) The maximum rate established by the Federal Government for the locality in which the travel is performed,

for each day that the legislature is in session or in a presession orientation conference and for each day that he attends a meeting of a standing committee of which he is a member when the legislature has adjourned for more than [3] 4 days.

      5.  Each senator and assemblyman who maintains temporary quarters in or near Carson City for which he has entered into a lease or other agreement for continuous occupancy for the duration of a legislative session is entitled to receive a lodging allowance equal to that portion of the expense allowance which the legislative commission designates by rule as being allocated to lodging, for not more than 14 days in each period in which:

      (a) The legislature has adjourned until a time certain; and

      (b) The senator or assemblyman is not entitled to a per diem expense allowance pursuant to subsection 4.

      6.  Each senator and assemblyman is entitled to receive a telephone allowance of not more than $1,000 for the payment of tolls and charges incurred by him in the performance of official business during each regular session of the legislature and not more than $200 during each special session of the legislature.

      7.  An employee of the legislature assigned to serve a standing committee is entitled to receive the travel expenses and per diem expense allowance provided by law for state employees generally if he is required to attend a hearing of the committee outside Carson City.

      8.  Claims for expenses made under the provisions of this section must be made as other claims are made against the state, and must be paid from the legislative fund. Claims for per diem expense allowances authorized by subsection 4 and lodging allowances authorized by subsection 5 must be paid once each week during a legislative session and upon completion of a presession orientation conference.

      Sec. 3.  NRS 218.644 is hereby amended to read as follows:

      218.644  The legislative counsel bureau [may] shall maintain a checking account in any qualified bank for the [purpose of] purposes of providing advance money to legislators for travel expenses during a regular session of the legislature, paying the salaries of persons on the payroll of the legislative branch of government, related payroll costs and any other expenses directed by the legislative commission.


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ê1981 Statutes of Nevada, Page 6 (Chapter 4, AB 84)ê

 

any other expenses directed by the legislative commission. The account must be secured by a depository bond to the extent the account is not insured by the Federal Deposit Insurance Corporation. All checks written on this account must be signed by the chairman of the legislative commission and the director of the legislative counsel bureau or his designee, except that during a regular or special session of the legislature, the majority leader of the senate and the speaker of the assembly shall sign the checks.

      Sec. 4.  The allowance for any per diem or travel expenses incurred by a senator or an assemblyman during the 61st session of the Nevada legislature must be calculated pursuant to the provisions of section 2 of this act.

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

 

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CHAPTER 5, AB 163

Assembly Bill No. 163–Committee on Government Affairs

CHAPTER 5

AN ACT to amend an act entitled “An Act to create a water district in the Las Vegas valley, Clark County, Nevada; to designate such district as the agency responsible for water distribution; to provide for the procurement, storage, and distribution and sale of water and rights in the use thereof from Lake Mead for industrial, irrigation, municipal, and domestic uses; to provide for the conservation of the groundwater resources of the Las Vegas valley, and to create authority to purchase, acquire and construct the necessary works to carry out the provisions of this act; to provide for the issuance of district bonds and other securities; to provide for the levy of taxes for the payment of operation and maintenance expenses and to supplement other revenues available for the payment of principal of and interest on such bonds and other securities of said district; granting said district the franchise to carry on its operations in municipal corporations within its boundaries; exempting the property and bonds of said district from taxation; validating the creation and organization of said district; and for other purposes related thereto,” approved March 27, 1947, as amended.

 

[Approved February 17, 1981]

 

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

 

      Section 1.  Section 40 of the above-entitled act, as added by chapter 446, Statutes of Nevada 1963, and last amended by chapter 522, Statutes of Nevada 1975, at page 889, is hereby amended to read as follows:

 

       Sec. 40.  1.  All special assessments shall from the date of approval of the final assessment roll constitute a lien upon the respective lots or parcels of land assessed coequal with the lien of general taxes, not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes, and prior and superior to all liens, claims, encumbrances and titles other than liens of general taxes.

       2.  The special assessments shall be due and payable without demand and without interest within 30 days from the approval of the final assessment role.


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ê1981 Statutes of Nevada, Page 7 (Chapter 5, AB 163)ê

 

the final assessment role. All assessments remaining unpaid at the end of the cash payment period, at the option of the board, may be made payable in not less than four nor more than 15 annual installments of principal, with interest thereon at a rate [of interest] not exceeding [9 1/2] 12 1/2 percent per annum. Installments may be collected in either substantially equal installments of principal or in such manner that annual collections of principal together with the interest thereon payable in any 1 year are substantially equal.

       3.  The lien upon any payment shall be released upon payment on any regular payment date of the total principal due and interest to that date, or upon payment at any other time of the total principal due and interest to the next regular payment date.

       4.  Any penalty which may be established by the board in the assessment resolution must also be paid in full before the lien will be released.

 

      Sec. 2.  Section 45 of the above-entitled act, as added by chapter 446, Statutes of Nevada 1963, and last amended by chapter 522, Statutes of Nevada 1975, at page 889, is hereby amended to read as follows:

 

       Sec. 45.  1.  When the board shall determine to make any improvement and shall determine to defray the whole or any part of the cost or expense thereof by special assessment, the board may, by resolution, at the time it directs such special assessment to be made, or at any time thereafter while any part of the assessment remains unpaid, without submitting the question to the electors of the district at any general or special election, cause to be issued bonds of the district in an amount not exceeding the assessments outstanding and unpaid at the end of the cash payment period, for the purpose of paying the cost or expense of such improvement. The bonds shall be called “(insert name of subdivision, district or street) Improvement Bonds,” shall be signed by the president and countersigned by the secretary of the district, and shall not be sold for less than their par value nor before the work of the improvement is ordered. The bonds may bear interest at a rate or [at] rates not to exceed [9] 12 percent per annum in any 1 year [; provided, however,] , but the highest interest rate [to be borne by the bonds shall] which the bonds may bear must be at least one-half of 1 percent less that the rate of interest to be borne by deferred installments of assessments (i.e., assessments remaining unpaid after the 30-day cash payment period) from which the bonds are payable. The bonds may be serial or term in form, may be subject to call for redemption prior to maturity in such manner as the board may determine, shall be payable within a period of not to exceed 15 years, and shall be in such form and denominations as the board shall determine.

       2.  The special assessment, when levied, shall be and remain a lien on the respective lots and parcels of land assessed from the confirmation of the final assessment roll until paid, as provided in sections 25 to 45, inclusive, and, when collected, shall be placed in a special fund to be known as “......................... Improvement Bond Interest and Redemption Fund,” and as such shall at all times constitute a sinking fund for and deemed specially appropriated to the payment of the bonds and interest thereon, and shall not be used for any other purpose until the bonds and the interest thereon is fully paid.


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ê1981 Statutes of Nevada, Page 8 (Chapter 5, AB 163)ê

 

Interest and Redemption Fund,” and as such shall at all times constitute a sinking fund for and deemed specially appropriated to the payment of the bonds and interest thereon, and shall not be used for any other purpose until the bonds and the interest thereon is fully paid.

       3.  The issuance of any bonds, as herein provided, shall be conclusive evidence of the regularity of all proceedings up to the issuance of such bonds.

       4.  In the event that the special fund created by the proceeds of the special assessment shall be insufficient to pay the bonds and interest thereon as they become due, the deficiency shall be paid out of the general funds of the district.

 

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

 

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CHAPTER 6, SB 96

Senate Bill No. 96–Committee on Government Affairs

CHAPTER 6

AN ACT relating to administrative procedure; removing a reference to the time for review of regulations by legislative standing committees where no time is prescribed; and providing other matters properly relating thereto.

 

[Approved February 20, 1981]

 

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

 

      Section 1.  NRS 233B.068 is hereby amended to read as follows:

      233B.068  1.  If the standing committees fail to act on the regulation [within the prescribed time,] , the director shall promptly file the regulation with the secretary of state and notify the agency of the filing.

      2.  The standing committees shall review the regulation in the same manner as did the legislative commission to determine whether the regulation conforms to the statutory authority under which it was adopted and carries out the intent of the legislature in granting that authority. If the standing committees determine that the regulation does not conform to statutory authority or carry out legislative intent, the director shall attach to the regulation a written notice of the objection, including a statement of the reasons for the objection, and shall return the regulation to the agency.

      3.  The agency may revise the regulation and return it to the director of the legislative counsel bureau, or it may return the regulation, with the notice of objection attached, without change. The director shall promptly file the regulation with the secretary of state and notify the agency of the filing. If the regulation is returned without change, or if the revision does not meet the objections of the standing committees, the director shall transmit the regulation together with the notice of objection to the standing committees, or to the president of the senate and the speaker of the assembly on the first day of the next regular session of the legislature, as appropriate, for such action as those bodies may determine to be proper.


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ê1981 Statutes of Nevada, Page 9 (Chapter 6, SB 96)ê

 

legislature, as appropriate, for such action as those bodies may determine to be proper.

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

 

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CHAPTER 7, SB 106

Senate Bill No. 106–Committee on Judiciary

CHAPTER 7

AN ACT relating to small claims; making a technical correction concerning affidavits to be used; and providing other matters properly relating thereto.

 

[Approved February 26, 1981]

 

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

 

      Section 1.  NRS 73.015 is hereby amended to read as follows:

      73.015  In all cases for the recovery of money under the provisions of this chapter any affidavit which is required or authorized by rules of court or the general provisions of law applicable to such proceedings may be acknowledged before and certified by:

      1.  Any justice of the peace with or before whom the matter is to be filed or is pending; or

      2.  Any notary public who has been appointed [and commissioned by the governor and whose commission] by the secretary of state and whose appointment has not expired or been revoked.

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

 

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CHAPTER 8, SB 108

Senate Bill No. 108–Committee on Judiciary

CHAPTER 8

AN ACT relating to crimes against property; reconciling differing penalties prescribed for possession of a credit card under similar circumstances; and providing other matters properly relating thereto.

 

[Approved February 26, 1981]

 

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

 

      Section 1.  NRS 205.690 is hereby amended to read as follows:

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


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ê1981 Statutes of Nevada, Page 10 (Chapter 8, SB 108)ê

 

less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.

      2.  [Any] Except under the circumstances provided in NRS 205.700, any person who possesses a credit card without the consent of the cardholder and with the intent to circulate, use, sell or transfer the card with intent to defraud shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $5,000.

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

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

 

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CHAPTER 9, SB 109

Senate Bill No. 109–Committee on Judiciary

CHAPTER 9

AN ACT relating to crimes and punishment; removing a conflict between statutory provisions which impose different penalties for similar assaults and batteries; and providing other matters properly relating thereto.

 

[Approved February 26, 1981]

 

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

 

      Section 1.  NRS 4.370 is hereby amended to read as follows:

      4.370  1.  Justice’s courts have jurisdiction of the following actions and proceedings:

      (a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $750.

      (b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or possession of the real property, if the damage claimed does not exceed $750.

      (c) In actions for a fine, penalty or forfeiture not exceeding $750, given by statute [,] or the ordinance of an incorporated or unincorporated city, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.

      (d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $750, though the penalty may exceed that sum.


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ê1981 Statutes of Nevada, Page 11 (Chapter 9, SB 109)ê

 

      (e) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $750.

      (f) In actions to recover the possession of personal property, if the value of such property does not exceed $750.

      (g) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $750.

      (h) Of actions for the possession of lands and tenements, where the relation of landlord and tenant exists.

      (i) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, in which case the proceeding must be as prescribed by NRS upon that subject.

      (j) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $750.

      (k) Concurrent jurisdiction with the district courts of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $750.

      2.  The jurisdiction conferred by this section does not extend to civil actions in which the title of real property or mining claims or questions affecting the boundaries of land are involved; and if questions of title to real property are involved, cases involving such questions must be disposed of as provided in NRS.

      3.  Justices’ courts have jurisdiction of the following public offenses, committed within the respective counties in which those courts are established:

      (a) Petit larceny.

      (b) Assault and battery [, not charged to have been committed upon a public officer in the discharge of his duties, or with intent to kill.] constituting a misdemeanor.

      (c) Breaches of the peace, riots, affrays, committing a willful injury to property, and all misdemeanors punishable by fine not exceeding $500, or imprisonment not exceeding 6 months, or by both such fine and imprisonment.

      4.  Except as provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.

      5.  In the case of any arrest made by a member of the Nevada highway patrol [pursuant to the duties prescribed by NRS 481.180,] or by an inspector or field agent of the motor carrier division of the department of motor vehicles, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.

      6.  Each justice’s court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.

      Sec. 2.  NRS 197.090 is hereby amended to read as follows:

      197.090  [Every] Except under circumstances where a greater penalty is provided in NRS 200.481, any person who, by means of any threat, force or violence, [shall attempt] attempts to deter or prevent any executive or administrative officer from performing any duty imposed upon him by law, or who [shall knowingly resist] knowingly resists by force or violence any executive or administrative officer in the performance of his duty, [shall be] is guilty of a gross misdemeanor.


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ê1981 Statutes of Nevada, Page 12 (Chapter 9, SB 109)ê

 

force or violence any executive or administrative officer in the performance of his duty, [shall be] is guilty of a gross misdemeanor.

      Sec. 3.  NRS 200.481 is hereby amended to read as follows:

      200.481  1.  As used in this section:

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

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

      (c) “Officer” means:

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

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

             (3) A member of a volunteer fire department.

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

      (a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in NRS 197.090, for a misdemeanor.

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

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

             (1) The officer was performing his duty;

             (2) The officer suffers substantial bodily harm; and

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

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

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

 

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CHAPTER 10, SB 105

Senate Bill No. 105–Committee on Judiciary

CHAPTER 10

AN ACT relating to petitions; requiring a copy of a petition for initiative or referendum to be placed on file in the office of the secretary of state before the petition is circulated; and providing other matters properly relating thereto.

 

[Approved February 27, 1981]

 

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

 

      Section 1.  NRS 295.015 is hereby amended to read as follows:

      295.015  1.  The people reserve to themselves the power to propose, by initiative petition, statutes and amendments to statutes and amendments to the constitution, and to enact or reject them at the polls.

      2.  An initiative petition [shall] must be in the form required by NRS 295.055 and [shall] must be proposed by a number of registered voters equal to 10 percent or more of the number of voters who voted at the last preceding general election in not less than 75 percent of the counties in the state, but the total number of registered voters signing the initiative petition [shall] must be equal to 10 percent or more of the voters who voted in the entire state at the preceding general election.


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

ê1981 Statutes of Nevada, Page 13 (Chapter 10, SB 105)ê

 

NRS 295.055 and [shall] must be proposed by a number of registered voters equal to 10 percent or more of the number of voters who voted at the last preceding general election in not less than 75 percent of the counties in the state, but the total number of registered voters signing the initiative petition [shall] must be equal to 10 percent or more of the voters who voted in the entire state at the preceding general election.

      3.  A copy of the initiative petition must be placed on file in the office of the secretary of state before the petition may be presented to the registered voters for their signatures.

      Sec. 2.  NRS 295.045 is hereby amended to read as follows:

      295.045  1.  A copy of a referendum petition must be placed on file in the office of the secretary of state before the petition may be presented to the registered voters for their signatures.

      2.  Whenever a number of registered voters of this state equal to 10 percent or more of the number of voters who voted at the last preceding general election express their wish by filing with the secretary of state, not less than 120 days before the date of the next succeeding general election, a petition in the form provided for in NRS 295.055 that any statute or resolution or any part of it enacted by the legislature be submitted to a vote of the people, the secretary of state shall submit the question of approval or disapproval of the statute or resolution or any part of it to a vote of the voters at the next succeeding election at which the question may be voted upon by the registered voters of the entire state.

      [2.]3.  The secretary of state shall certify the questions to the county clerks, and they shall publish them in accordance with the provisions of law requiring county clerks to publish questions and proposed constitutional amendments which are to be submitted for popular vote.

      [3.]4.  The title of the statute or resolution must be set out on the ballot, and the question printed upon the ballot for the information of the voters shall be as follows: “Shall the statute (setting out its title) be approved?”.

      [4.]5.  Where the punchcard voting system is used, the title of the statute must appear on the ballot card or ballot page assembly and may be condensed to no more than 25 words.

      [5.]6.  The votes cast upon the question must be counted and canvassed as the votes for state officers are counted and canvassed.

      [6.]7.  If a majority of the voters voting upon the proposal submitted at an election votes approval of the statute or resolution or any part of it, the statute or resolution or any part of it stands as the law of the state and may not be amended, annulled, repealed, set aside, suspended or in any way made inoperative except by the direct vote of the people. If a majority of voters votes disapproval of the statute or resolution or any part of it, the statute or resolution or any part of it is void and of no effect.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 14ê

 

CHAPTER 11, SB 72

Senate Bill No. 72–Senators Getto and Jacobsen

CHAPTER 11

AN ACT relating to land sales; providing an exemption where acreage is at least one-sixteenth of a section as described by a governmental survey; and providing other matters properly relating thereto.

 

[Approved February 27, 1981]

 

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

 

      Section 1.  NRS 119.120 is hereby amended to read as follows:

      119.120  1.  The provisions of this chapter do not apply, unless the method of disposition is adopted for the purpose of the evasion of the provisions of this chapter or the provisions of the Interstate Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701 to 1720, inclusive, upon notification to the division by the person electing to be exempt under this subsection, to the making of any offer or disposition of any subdivision or lot, parcel, unit or interest therein:

      (a) By a purchaser of any subdivision lot, parcel, interest or unit thereof for his own account in a single or isolated transaction.

      (b) If each lot, parcel, interest or unit being offered or disposed of in any subdivision is more than 80 acres in size. For purposes of this subsection, the size of any undivided interest being offered or disposed of in any subdivision [shall] must be computed by dividing the number of the undivided interests into the area of the subdivision, exclusive of common or reserved areas, roadways or easements.

      (c) If each lot, parcel, interest or unit being offered or disposed of in any subdivision is [40 acres or more,] at least:

             (1) One-sixteenth of a section as described by a government land office survey, but not less than 35 acres; or

             (2) Forty acres in area, including roadways and easements,

but not more than 80 acres in size, so long as the form and content of the advertising to be used is filed and approved in compliance with subsection 7 of NRS 119.180, but the disclosure required by NRS 119.183 must be made. The size of undivided interests [shall] must be computed as provided in paragraph (b) of this subsection.

      (d) To any person who is engaged in the business of the construction of residential, commercial or industrial buildings for disposition.

      (e) By any person licensed in the State of Nevada to construct residential buildings and where such land being offered or disposed of is to include a residential building when disposition is completed.

      (f) Pursuant to the order of any court of this state.

      (g) By any government or government agency.

      (h) To any offer or disposition of any evidence of indebtedness secured by way of any mortgage or deed of trust of real estate.

      (i) To securities or units of interest issued by an investment trust regulated under the laws of this state, except where the division finds that the enforcement of this chapter with respect to such securities or units of interest is necessary in the public interest and for the protection of purchasers.

      (j) To cemetery lots.


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

ê1981 Statutes of Nevada, Page 15 (Chapter 11, SB 72)ê

 

      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.

      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] its developer 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.

 

________

 

 

CHAPTER 12, SB 126

Senate Bill No. 126–Committee on Commerce and Labor

CHAPTER 12

AN ACT relating to casualty insurance policies; removing an obsolete statutory reference to repealed chapter 698 of NRS; and providing other matters properly relating thereto.

 

[Approved February 27, 1981]

 

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

 

      Section 1.  NRS 687B.145 is hereby amended to read as follows:

      687B.145  1.  Any policy of insurance or endorsement providing coverage under the provisions of NRS 690B.020 [or chapter 698 of NRS] or other policy of casualty insurance may provide that if the insured has coverage available to him under more than one policy or provision of coverage, any recovery or benefits may equal but not exceed the higher of the applicable limits of the respective coverages, and the recovery or benefits must be prorated between the applicable coverages in the proportion that their respective limits bear to the aggregate of their limits.


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

ê1981 Statutes of Nevada, Page 16 (Chapter 12, SB 126)ê

 

coverage, any recovery or benefits may equal but not exceed the higher of the applicable limits of the respective coverages, and the recovery or benefits must be prorated between the applicable coverages in the proportion that their respective limits bear to the aggregate of their limits. Any provision which limits benefits pursuant to this section must be in clear language and be prominently displayed in the policy, binder or endorsement. Any limiting provision is void if the named insured has purchased separate coverage on the same risk and has paid a premium calculated for full reimbursement under that coverage.

      2.  Insurance companies doing business in this state must offer uninsured motorist coverage equal to the limits of bodily injury coverage sold to the individual policyholder. Uninsured motorist coverage must include a provision which enables the insured to recover any amount of damages for bodily injury from his insurer to which he is legally entitled but which exceeds the limits of the bodily injury coverage carried by the owner or operator of the other vehicle.

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

 

________

 

 

CHAPTER 13, SB 130

Senate Bill No. 130–Committee on Commerce and Labor

CHAPTER 13

AN ACT relating to the public service commission; allowing the public service commission to enter into an agreement with the Secretary of Transportation relating to enforcement of certain statutes and regulations concerning pipelines; and providing other matters properly relating thereto.

 

[Approved February 27, 1981]

 

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

 

      Section 1.  Chapter 703 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The commission may enter into an agreement with the Secretary of Transportation which will authorize the commission to enforce compliance with federal statutes and regulations which govern the safety of storage facilities and interstate pipelines which transport:

      (a) Petroleum or any petroleum product; or

      (b) Any substance which is in a liquid state, including liquefied natural gas, when transported by pipeline or pipeline facilities and which may pose an unreasonable risk to life or property when transported by pipeline or pipeline facilities.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 17ê

 

CHAPTER 14, AB 35

Assembly Bill No. 35–Committee on Government Affairs

CHAPTER 14

AN ACT relating to veterans; abolishing the petty cash account of the veterans’ relief fund; repealing an obsolete provision concerning the funeral expenses of certain indigent ex-soldiers; and providing other matters properly relating thereto.

 

[Approved February 27, 1981]

 

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

 

      Section 1.  NRS 417.140 is hereby amended to read as follows:

      417.140  1.  The veterans’ relief fund [shall,] must, in the discretion of the commissioner, be used to aid destitute veterans and their dependents.

      2.  The commissioner shall deposit [such] the fund in the following accounts:

      (a) A savings account in a bank.

      (b) A commercial checking account in a bank.

      [(c) A petty cash account, not to exceed $50, which may be replenished periodically by withdrawals from the accounts provided in paragraphs (a) and (b).]

      3.  In the management of the veterans’ relief fund, the commissioner shall keep an accurate record of any receipt or deposit, and of any withdrawal from any account provided in subsection 2. Any record of withdrawal [shall] must contain the following information:

      (a) The date of [such] the withdrawal.

      (b) The name of the payee.

      (c) The purpose of the expenditure.

      Sec. 2.  NRS 419.010 is hereby repealed.

 

________

 

 

CHAPTER 15, SB 42

Senate Bill No. 42–Committee on Legislative Affairs

CHAPTER 15

AN ACT relating to the legislative counsel bureau; removing the requirement for the signing of checks by legislative officers during a special session; and providing other matters properly relating thereto.

 

[Approved February 27, 1981]

 

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

 

      Section 1.  NRS 218.644 is hereby amended to read as follows:

      218.644  The legislative counsel bureau shall maintain a checking account in any qualified bank for the purposes of providing advance money to legislators for travel expenses during a regular session of the legislature, paying the salaries of persons on the payroll of the legislative branch of government, related payroll costs and any other expenses directed by the legislative commission. The account must be secured by a depository bond to the extent the account is not insured by the Federal Deposit Insurance Corporation.


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

ê1981 Statutes of Nevada, Page 18 (Chapter 15, SB 42)ê

 

depository bond to the extent the account is not insured by the Federal Deposit Insurance Corporation. All checks written on this account must be signed by the chairman of the legislative commission and the director of the legislative counsel bureau or his designee, except that during a regular [or special] session of the legislature, the majority leader of the senate and the speaker of the assembly shall sign the checks.

 

________

 

 

CHAPTER 16, SB 92

Senate Bill No. 92–Committee on Government Affairs

CHAPTER 16

AN ACT to amend an act entitled “An Act to create a water district in the Las Vegas valley, Clark County, Nevada; to designate such district as the agency responsible for water distribution; to provide for the procurement, storage, and distribution and sale of water and rights in the use thereof from Lake Mead for industrial, irrigation, municipal, and domestic uses; to provide for the conservation of the groundwater resources of the Las Vegas valley, and to create authority to purchase, acquire and construct the necessary works to carry out the provisions of this act; to provide for the issuance of district bonds and other securities; to provide for the levy of taxes for the payment of operation and maintenance expenses and to supplement other revenues available for the payment of principal of and interest on such bonds and other securities of said district; granting said district the franchise to carry on its operations in municipal corporations within its boundaries; exempting the property and bonds of said district from taxation; validating the creation and organization of said district; and for other purposes related thereto,” approved March 27, 1947, as amended.

 

[Approved February 27, 1981]

 

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

 

      Section 1.  Section 11 of the above-entitled act, being chapter 167, Statutes of Nevada 1947, as last amended by chapter 354, Statutes of Nevada 1979, at page 588, is hereby amended to read as follows:

 

       Sec. 11.  1.  All [moneys] money belonging to or in the custody of the water district [shall,] must, so far as possible, be deposited in such state or national bank or banks in this state as the treasurer or other officer of [such] the water district having legal custody of [said moneys shall select] the money selects for the safekeeping thereof, and [shall be] is subject to withdrawal at any time on demand of the treasurer or other authorized officer, subject to the compliance of [such] the treasurer or other authorized officer with any order, directive or policy determination with respect thereto [as] which may be established by the board.

       2.  For the security of [such] those deposits there [shall] must be delivered to the treasurer of [such] the water district a bond or bonds of a corporate surety qualified to act as sole surety on bonds or undertakings required by the laws of this state, and approved by the insurance commissioner of this state as a company possessing the qualifications required for the purpose of transacting a surety business within this state.


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

ê1981 Statutes of Nevada, Page 19 (Chapter 16, SB 92)ê

 

the qualifications required for the purpose of transacting a surety business within this state. [; provided, that the] The penal amount of [such] the bond or bonds [shall] must at no time be less than the amount of money deposited by [such] the water district with [such depositary; said] the depositary. The bond or bonds [shall] must secure and guarantee the full [and complete] repayment to [such] the water district or the payment to its order of all [funds] money so deposited, together with interest thereon. The premium for [such] the corporate surety bond or bonds, in the discretion of the directors of the water district, may be paid out of the [funds] money so deposited or may be required to be paid by the depositary . [; provided, however, that said]

       3.  The depositary may, in lieu of [said] corporate surety bond or bonds, deposit with the treasurer of [such] the water district treasury notes or United States bonds, or other securities which are legal investments for banks in this state, the market value of which [shall] must at all times equal the amount of [funds] money so deposited [as collateral security,] and [such securities shall] the securities must be placed by [such] the treasurer in escrow in some bank other than the depositary of the [funds of such district. In the event of the failure of] money of the district. If the depositary fails to repay [such funds] the money to the district on demand, or to pay the [same] money to its order, the securities so placed in escrow [shall] must be redelivered to the treasurer and may be sold by him with or without notice, and the proceeds thereof used to reimburse the district. The treasurer, or other officer, of [such] the district having legal custody of its [moneys,] money, may, in his discretion, deposit [such moneys,] the money, in whole or in part, in [United States postal savings banks. He shall also have power to deposit such moneys] any bank, or savings and loan association, whose deposits are insured by an agency of the Federal Government. He may deposit the money in the same manner and under the same conditions as may be applicable to the deposit of state, county [, and/or] or municipal [funds] money by the legal custodians thereof. [Such] The treasurer or other officer shall at all times comply with any order, directive or policy determination with respect to [such] those deposits [as] which may be established by the board.

 

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

 

________

 

 


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

ê1981 Statutes of Nevada, Page 20ê

 

CHAPTER 17, SB 90

Senate Bill No. 90–Committee on Government Affairs

CHAPTER 17

AN ACT relating to elections; repealing obsolete section regarding certification of nomination for United States Senators and preparation of the ballot; and providing other matters properly relating thereto.

 

[Approved February 27, 1981]

 

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

 

      Section 1.  NRS 304.020 is hereby repealed.

 

________

 

 

CHAPTER 18, SB 91

Senate Bill No. 91–Committee on Government Affairs

CHAPTER 18

AN ACT relating to elections; clarifying the disposition of filing fees; repealing a provision for proportionate distribution to counties of certain filing fees; and providing other matters properly relating thereto.

 

[Approved February 27, 1981]

 

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

 

      Section 1.  NRS 293.193 is hereby amended to read as follows:

      293.193  1.  Fees as listed in this section for filing declarations of candidacy or acceptances of candidacy shall be paid to the filing officer by cash, cashier’s check or certified check.

 

United States Senator...................................................................................        $250

Representative in Congress..........................................................................          150

Governor.........................................................................................................          150

Justice of the supreme court........................................................................          150

Any state office, other than governor or justice of the supreme court          100

Any district office..........................................................................................            75

Any county office.........................................................................................            40

State senator...................................................................................................            30

Assemblyman................................................................................................            15

Justice of the peace, constable or other town or township office.........            10

 

      2.  No filing fee shall be required from a candidate for an office the holder of which receives no compensation.

      3.  The county clerk shall pay to the county treasurer all filing fees received by him from candidates. The county treasurer shall deposit the money to the credit of the general fund of the county.

      Sec. 2.  NRS 293.450 is hereby repealed.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 21ê

 

CHAPTER 19, SB 12

Senate Bill No. 12–Senator Close

CHAPTER 19

AN ACT relating to judgments in criminal actions; requiring that information concerning the effect of a crime be included in the report of presentence investigation; and providing other matters properly relating thereto.

 

[Approved March 2, 1981]

 

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

 

      Section 1.  NRS 176.145 is hereby amended to read as follows:

      176.145  The report of the presentence investigation [shall] must contain:

      1.  Any prior criminal record of the defendant;

      2.  Such information about his characteristics, his financial condition and the circumstances affecting his behavior as may be helpful in imposing sentence or in granting probation or in the correctional treatment of the defendant;

      3.  Information concerning the effect that the crime committed by the defendant has had upon the victim, including but not limited to any physical or psychological harm or financial loss suffered by the victim, to the extent that such information is available from the victim or other sources, but the provisions of this subsection do not require any particular examination or testing of the victim, and the extent of any investigation or examination is solely at the discretion of the court or department and the extent of such information to be included in the report is solely at the discretion of the department;

      4.  A recommendation of a definite term of confinement, amount of fine or both; and

      [4.]5.  Such other information as may be required by the court.

 

________

 

 

CHAPTER 20, SB 104

Senate Bill No. 104–Committee on Judiciary

CHAPTER 20

AN ACT relating to foreign corporations; allowing revocation of such a corporation’s qualification if it fails to file certain documents; and providing other matters properly relating thereto.

 

[Approved March 2, 1981]

 

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

 

      Section 1.  NRS 80.030 is hereby amended to read as follows:

      80.030  1.  Each foreign corporation admitted to do business in this state shall, within 30 days after the filing of any document amendatory or otherwise relating to the original articles in the place of its creation, file in the office of the secretary of state:

      (a) A copy of the document certified by an authorized officer of the place of its creation, or a certificate evidencing the filing, issued by the authorized officer of the place of its creation with whom the document was filed; and

 


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

ê1981 Statutes of Nevada, Page 22 (Chapter 20, SB 104)ê

 

place of its creation, or a certificate evidencing the filing, issued by the authorized officer of the place of its creation with whom the document was filed; and

      (b) A statement of an officer of the corporation, acknowledged before an officer authorized to take acknowledgments of deeds, of the change reflected by the filing of the document, showing its relation to the name, authorized capital stock, or general purposes.

      2.  When a foreign corporation authorized to do business in this state becomes a constituent of a merger permitted by the laws of the state or country in which it is incorporated, it shall, within 30 days after the merger becomes effective, file a copy of the agreement of merger filed in the place of its creation, certified by an authorized officer of the place of its creation, or a certificate, issued by the proper officer of the place of its creation, attesting to the occurrence of the event, in the office of the secretary of state.

      3.  The secretary of state may revoke the right of a foreign corporation to transact business in this state if it fails to file the documents required by this section or pay the fees incident to that filing.

 

________

 

 

CHAPTER 21, SB 94

Senate Bill No. 94–Committee on Government Affairs

CHAPTER 21

AN ACT relating to the recall of public officers; removing statutory provisions which conflict with or duplicate the provisions of section 9 of article 2 of the Nevada constitution; and providing other matters properly relating thereto.

 

[Approved March 2, 1981]

 

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

 

      Section 1.  NRS 306.020 is hereby amended to read as follows:

      306.020  1.  [For the purpose of recalling any public officer, there may be filed with the officer with whom the petition for nomination to such office is required by law to be filed a petition signed by a number of registered voters not less than 25 percent of the number who actually voted in the election by which the officer sought to be recalled was elected to his office.] Every public officer in the State of Nevada is subject to recall from office by the registered voters of the state or of the county, district or municipality from which he was elected, as provided in section 9 of article 2 of the constitution of the State of Nevada and this chapter.

      2.  The petition [shall:

      (a)]must, in addition to setting forth the reason why the recall is demanded:

      (a) Contain the residence addresses of the signers and the date that the petition was signed;

      (b) [Set forth in not to exceed 200 words the reason why the recall is demanded;


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

ê1981 Statutes of Nevada, Page 23 (Chapter 21, SB 94)ê

 

      (c)] Contain a statement of the minimum number of signatures necessary to the validity of the petition;

      [(d)](c) Include the date that a notice of intent was filed; and

      [(e)](d) Have the designation: “Signatures of registered voters seeking the recall of .............................. (name of public officer for whom recall is sought)” on each page if the petition contains more than one page.

      Sec. 2.  NRS 306.040 is hereby amended to read as follows:

      306.040  1.  Upon the filing of the petition, the officer with whom the petition is filed shall cause publication of a notice of a hearing on the petition by the district court in and for the appropriate county at a time and place fixed by the district court, which shall give priority to such petition over all but criminal matters. The notice shall be published once in a newspaper of general circulation in the county. The notice shall contain the names of the signers of the petition and the reasons for the proposed recall. Any person whose name appears on the petition as a signer may appear at the hearing and request that his name be stricken from the petition, and the court shall strike such name if good cause appears therefor.

      2.  At the conclusion of the hearing, the court shall make a determination of the sufficiency and validity of the petition within 5 days, and shall instruct the officer with whom the petition is filed either to cease any further proceedings in the matter or, if the officer against whom the petition was filed has not resigned, to issue a call, not sooner than 10 days nor more than 20 days [thereafter,] after the date of the order, for a special election to be held [within 20 days after the issuance of the call therefor,] in the state, or in the county, district or municipality electing [such officer,] the officer against whom the petition was filed, to determine whether the people [shall] will recall [such officer.] him.

      Sec. 3.  NRS 306.060 is hereby amended to read as follows:

      306.060  1.  [Except as provided in subsection 2, upon the ballot for the election there shall be printed verbatim, as set forth in the recall petition, the reason for demanding the recall of the officer, and in not more than 200 words, if furnished by him, the officer’s justification of his course in office.] If the officer against whom the petition is filed furnishes no justification of his course in office, none need appear on the ballot at the election upon his recall.

      2.  Where the punchcard voting system is used, the reason for demanding the recall of the officer and the officer’s justification need not be printed on the ballot or ballot page assembly, but [shall] must be printed on sample ballots, which [may] must be mailed to all registered voters or presented to registered voters upon their application to vote.

      Sec. 4.  NRS 306.080 is hereby amended to read as follows:

      306.080  [1.  If there are other candidates nominated to be voted for at the special election, the candidate who receives the highest number of votes at the special election shall be declared elected for the remainder of the term, whether it be the person against whom the recall petition was filed or another.

      2.]  If any officer is recalled upon a special election and other candidates are not nominated to be voted for at the special election, the vacancy thereby created [shall] must be filled in the manner provided by law.


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

ê1981 Statutes of Nevada, Page 24 (Chapter 21, SB 94)ê

 

vacancy thereby created [shall] must be filled in the manner provided by law.

      Sec. 5.  NRS 306.110 is hereby amended to read as follows:

      306.110  1.  [Other candidates for the office may be nominated to be voted for at the special election by petition, which petition shall] A petition to nominate other candidates for the office must be signed by the registered voters of the state, or of the county, district or municipality holding the election, equal in number to 25 percent of the number of registered voters who voted in the state, or in the county, district or municipality holding the election at the last preceding general election.

      2.  The nominating petition [shall] must be filed, at least 15 days [prior to] before the date of the special election, with the officer with whom the recall petition is filed.

      Sec. 6.  NRS 283.460, 306.010, 306.050, 306.090, 306.100 and 386.280 are hereby repealed.

      Sec. 7.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 22, SB 32

Senate Bill No. 32–Committee on Judiciary

CHAPTER 22

AN ACT relating to juvenile courts; requiring that district judges who hear cases involving juveniles and masters attend the National College of Juvenile Justice; and providing other matters properly relating thereto.

 

[Approved March 4, 1981]

 

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

 

      Section 1.  Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Each district judge who is first elected or appointed after July 1, 1981, in a judicial district which has one judge, and each other district judge who is first assigned after July 1, 1981, to be the judge of the juvenile court in his judicial district, shall attend instruction at the National College of Juvenile Justice in Reno, Nevada, in a course designed for the training of new judges of juvenile courts unless he has previously attended such a course.

      2.  Each judge to whom this section applies shall attend the instruction provided when it is offered for the first time after his election, appointment or assignment, unless he is excused by written order of the chief judge of his judicial district, or if the judicial district has but one judge, by a justice of the supreme court.

      Sec. 3.  Each county shall pay to the supreme court for this purpose the county’s pro rata share of the cost of this instruction.

      Sec. 4.  NRS 62.090 is hereby amended to read as follows:

      62.090  1.  The judge, in his discretion, may appoint any person qualified by previous experience, training and demonstrated interest in youth welfare as master.


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

ê1981 Statutes of Nevada, Page 25 (Chapter 22, SB 32)ê

 

youth welfare as master. The master, upon the order of the judge in proceedings arising under the provisions of this chapter, may swear witnesses and take evidence.

      2.  Each master who is first appointed after July 1, 1981, shall attend instruction at the National College of Juvenile Justice in Reno, Nevada, in a course designed for the training of new juvenile court judges on the first occasion when such instruction is offered after he is appointed, unless excused by written order of the judge who appointed him or his successor, which order must be filed with the court administrator. The order is final for all purposes.

      3.  The compensation of a master in juvenile sessions [shall] may not be taxed against the parties, but when fixed by the judge [shall] must be paid out of appropriations made for the expenses of the district court.

      [3.]4.  The judge may direct that the facts in any juvenile court proceeding, from the inception of the matter, be found by [such] the master in the same manner as in the district court. Within 10 days after the evidence before him is closed, the master shall file with the judge all papers relating to the case, written findings of fact and recommendations.

      [4.]5.  Notice in writing of the master’s findings and recommendations, together with the notice of right of appeal as provided [herein, shall] in this section, must be given by the master, or someone designated by him to the parent, guardian or custodian, if any, of the child, or to any other person concerned. A hearing by the court [shall] must be allowed upon the filing with the court by such person of a request for [such hearing, provided that] a hearing if the request is filed within 5 days after the giving of the notice. [In case] If no hearing by the court is requested, the findings and recommendations of the master, when confirmed or modified by an order of the court, become a decree of the court.

 

________

 

 

CHAPTER 23, SB 82

Senate Bill No. 82–Senators Getto, Glaser, Faiss and Wagner

CHAPTER 23

AN ACT relating to nursing; providing an exemption from the requirement for continuing education; providing for certain fees; and providing other matters properly relating thereto.

 

[Approved March 4, 1981]

 

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

 

      Section 1.  NRS 632.343 is hereby amended to read as follows:

      632.343  1.  The board shall not renew any license issued under this chapter until the licensee has submitted proof satisfactory to the board of completion, during the 2-year period before renewal of the license, of 30 hours in a program of continuing education approved by the board. The licensee is exempt from this provision for the first biennial period after graduation from an accredited school of professional nursing or practical nursing.


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

ê1981 Statutes of Nevada, Page 26 (Chapter 23, SB 82)ê

 

graduation from an accredited school of professional nursing or practical nursing.

      2.  The board shall review all courses offered to nurses for the completion of the requirement set in subsection 1. The board may approve nursing and other courses which are directly related to the practice of nursing as well as others which bear a reasonable relationship to current developments in the field of nursing or any special area of practice in which a licensee engages. These may include academic studies, workshops, extension studies, home study and other courses.

      Sec. 2.  NRS 632.345 is hereby amended to read as follows:

      632.345  1.  The board shall establish and may amend a schedule of fees and charges for the following items and within the following ranges:

 

                                                                                                        Not less than     Not more than

Application for license to practice professional nursing (registered nurse)...........................................            $45 $65

Application for license as a practical nurse..........              30   50

Application for temporary license to practice professional nursing (registered nurse) which fee must be credited toward the fee required for a regular license, if the applicant applies for a license....................              15   30

Application for temporary license as a practical nurse, which fee must be credited toward the fee required for a regular license, if the applicant applies for a license     10..................................................................... 20

[Application for recognition as a nurse practitioner                  30................................................................... 60]

Biennial [license renewal] fee for renewal of a license             15..................................................................... 30

[Reinstatement fee] Fee for reinstatement of a license            10..................................................................... 20

Application for recognition as a professional nurse qualified to perform additional acts..........................              30   60

Biennial fee for renewal of recognition...............              15   30

Examination fee for registered nurse’s license.....              20   30

Examination fee for practical nurse’s license......              10   20


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

ê1981 Statutes of Nevada, Page 27 (Chapter 23, SB 82)ê

 

                                                                                                        Not less than     Not more than

Rewriting examination for registered nurse’s license              $20.................................................................. $30

Rewriting examination for practical nurse’s license                  10..................................................................... 20

Duplicate license........................................................                 5   10

Proctoring examination for candidate from another state      25..................................................................... 50

Fee for approving one continuing education course               10..................................................................... 20

Fee for reviewing one continuing education course which has been changed since approval....................                 5   10

Annual fee for approval of all continuing education courses offered............................................................            100 150

 

      2.  The board may collect the fees and charges established pursuant to this section, and [such] those fees or charges may not be refunded.

 

________

 

 

CHAPTER 24, SB 95

Senate Bill No. 95–Committee on Government Affairs

CHAPTER 24

AN ACT relating to elections; conforming statutory language to provision in NRS 293.135 for holding certain precinct meetings outside the precinct; and providing other matters properly relating thereto.

 

[Approved March 4, 1981]

 

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

 

      Section 1.  NRS 293.137 is hereby amended to read as follows:

      293.137  1.  Promptly at the time and place appointed therefor, such mass meeting must be convened and organized [in] for each precinct. If access to the premises appointed for any such meeting is not available, the meeting may be convened at an accessible place immediately adjacent thereto. Such a meeting must be conducted openly and publicly and in such a manner that it is freely accessible to any registered voter of the party calling the meeting who resides in the precinct and is desirous of attending the meeting, until the meeting is adjourned. At the meeting the delegates to which the members of the party residing in the precinct are entitled in the party’s county convention must be elected by ballot. The result of the election must be certified to the county convention of the party by the chairman and the secretary of the meeting upon the forms specified in subsection 3.

      2.  At the precinct meetings, the delegates and alternates to the party’s convention must be elected.


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

ê1981 Statutes of Nevada, Page 28 (Chapter 24, SB 95)ê

 

party’s convention must be elected. If a meeting is not held for a particular precinct at the location specified, that precinct must be without representation at the county convention unless the meeting was scheduled, with proper notice, and no registered voter of the party appeared. In that case, the meeting shall be deemed to have been held and the position of delegate is vacant. If a position of delegate is vacant, it must be filled by the designated alternate, if any. If there is no designated alternate, the county central committee shall appoint a delegate from among the qualified members of the party residing in the precinct in which the vacancy occurred, and the secretary of the county central committee shall certify the appointed delegate to the county convention.

      3.  The county central committee shall prepare and number serially a number of certificate forms equal to the total number of delegates to be elected throughout the county, and deliver the appropriate number to each precinct meeting. Each certificate must be in duplicate. The original must be given to the elected delegate, and the duplicate transmitted to the county central committee.

      4.  All such duplicates must be delivered to the chairman of the preliminary credentials committee of the county convention. Every delegate who presents a certificate matching one of the duplicates must be seated without dispute.

      5.  Each political party shall adopt written rules not less than 95 days before the date set by the state central committee or fixed by law for the county convention or by January 1 of the calendar year of the national convention or conference, whichever is earlier, governing, but not limited to, the following procedures:

      (a) The selection, rights and duties of committees of a convention;

      (b) Challenges to credentials of delegates; and

      (c) Majority and minority reports of committees.

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

 

________

 

 

CHAPTER 25, SB 110

Senate Bill No. 110–Committee on Judiciary

CHAPTER 25

AN ACT relating to mechanics’ liens; clarifying a statutory procedure for the release of a mechanic’s lien upon the posting of a surety bond; and providing other matters properly relating thereto.

 

[Approved March 4, 1981]

 

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

 

      Section 1.  Chapter 108 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  The debtor of the lien claimant or a party in interest in the premises subject to the lien must obtain a surety bond executed by the debtor of the lien claimant or a party in interest in the premises subject to the lien, as principal, and executed by a corporation authorized to transact surety business in this state, as surety, in substantially the following form:

 


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

ê1981 Statutes of Nevada, Page 29 (Chapter 25, SB 110)ê

 

to transact surety business in this state, as surety, in substantially the following form:

(Title of court and cause, if action has been commenced)

WHEREAS, .............................. (name of owner, contractor, or other person disputing lien) desires to give a bond for releasing the following described real property from that certain claim of mechanic’s lien in the sum of $....................recorded ...................., 19....., in the office of the recorder in .................... (name of county where the real property is situated):

(legal description)

NOW, THEREFORE, the undersigned principal and surety do hereby obligate themselves to the claimant named in the mechanic’s lien, .............................., (name of claimant) under the conditions prescribed by sections 2 to 8, inclusive, of this act, in the sum of $.................... (1 1/2 x claim), from which sum they will pay the claimant such amount as a court of competent jurisdiction may adjudge to have been secured by his lien, with interest, costs and attorney’s fees.

IN TESTIMONY WHEREOF, the principal and surety have executed this bond at ...................., Nevada, on the ..... day of ...................., 19..... .

                                                                                .......................................................................

                                                                                              (Signature of Principal)

 

                                                                                            (SURETY CORPORATION)

                                                                                By .................................................................

                                                                                                 (Its Attorney in Fact)

State of Nevada

 

 

County of...................................................

}

ss.

 

      On ...................., 19....., before me, the undersigned, a notary public of this county and state, personally appeared .............................. who acknowledged that he executed the foregoing instrument as principal for the purposes therein mentioned and also personally appeared .............................. known (or satisfactorily proved) to me to be the attorney in fact of the corporation that executed the foregoing instrument, known to me to be the person who executed that instrument on behalf of the corporation therein named, and he acknowledged to me that that corporation executed the foregoing instrument.

                                                                                .......................................................................

                                                                                             (Notary Public in and for

                                                                                                the County and State)

      Sec. 3.  1.  A petition for the release of a mechanic’s lien must be filed in the district court and set forth:

      (a) The title of cause, thus: “In the matter of the petition of ........................................ for release of mechanic’s lien of

                                                                                                                    (name of petitioner)

............................................................ upon posting surety bond.”

(name of mechanic’s lien claimant)

      (b) An allegation of the purchase of and payment of the premium for the bond, and the dates of purchase and payment.


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

ê1981 Statutes of Nevada, Page 30 (Chapter 25, SB 110)ê

 

      (c) An allegation in corporating by reference a true copy of the bond, which copy must be attached to the petition.

      (d) The name or names of the owner or reputed owners of the land subject to the lien.

      (e) A description of the real property subject to the lien, and the book and document number of the lien as given by the recorder’s office.

      (f) A prayer for an order releasing the lien.

      2.  The petitioner shall obtain an order from a judge of the district court setting forth the time and date of the hearing on the petition, which time and date must be at least 5 days after the date of the order and not more than 10 days after the date of the order.

      3.  A copy of the petition and a copy of the order must be served on the lien claimant at least 2 days before the date set for the hearing, and served in the manner provided by law for service of summons.

      Sec. 4.  1.  Upon the hearing, the court shall enter its order releasing the mechanic’s lien upon the petitioner’s filing in open court the original bond, and introducing in evidence a receipt for payment of the premium.

      2.  The entry of the order by the court must refer to the property which is the subject of the lien and the lien itself, by document number and book number, and must recite that the lien is released of record for all purposes to the same extent as if released of record by the lienor.

      3.  Upon entry of the order, the lien is released of record in its entirety and for all purposes and the real property, the subject of the lien, released from the encumbrances of the lien.

      4.  There is no appeal from the entry of the order and upon entry the order is final for all purposes.

      Sec. 5.  1.  The lien claimant is entitled to bring an action against the lien claimant’s debtor and to join therein the surety on the bond. The rights of the lien claimant include and the court may award to him in that action:

      (a) The amount found due to the lien claimant by the court;

      (b) The cost of preparing and filing the lien claim, including attorney’s fees, if any;

      (c) The costs of the proceedings;

      (d) Attorney’s fees for representation of the lien claimant in the proceedings; and

      (e) Interest at the rate of 7 percent per annum on the amount found due to the lien claimant and from the date found by the court that the sum was due and payable.

      2.  Proceedings under subsection 1 are entitled to priority of hearing second only to criminal hearings. The plaintiff in the action may serve upon the adverse party a “demand for 30-day setting,” in the proper form, and file the demand with the clerk of the court. Upon filing, the clerk of the court shall, before Friday next, vacate a case or cases in a department of the court and set the lien claimant’s case for hearing, on a day or days certain, to be heard within 30 days of the filing of the “demand for 30-day setting.” Only one such preferential setting need be given by the court, unless the hearing date is vacated without stipulation of counsel for the plaintiff in writing. If the hearing date is vacated without that stipulation, upon service and filing, a new preferential setting must be given.


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

ê1981 Statutes of Nevada, Page 31 (Chapter 25, SB 110)ê

 

      Sec. 6.  1.  By entering into a bond given pursuant to section 2 of this act, the surety submits himself to the jurisdiction of the court in which the bond is filed in the proceeding for release of the lien, and the surety irrevocably appoints the clerk of that court as its agent upon whom any papers affecting its liability on the bond may be served. Its liability may be enforced on motion without necessity of an independent action. The motion and such notice of motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the surety if his address is known.

      2.  The motion described in subsection 1 must not be instituted until the lapse of 30 days following the giving of notice of entry of judgment in the action against the lien claimant’s debtor, if no notice of appeal from the judgment is filed, nor may the motion be instituted until the lapse of 30 days following the filing of the remittitur from the supreme court, if an appeal has been taken from the judgment.

      Sec. 7.  1.  The lien claimant may, within 2 days after the service of a copy of the petition and a copy of the bond attached thereto, file with the clerk of the court in the action a notice excepting to the sufficiency of the surety on the bond, and shall, at the same time and together with that notice, file an affidavit setting forth the grounds and basis of the exceptions to the surety, and shall serve a copy of the notice and a copy of the affidavit upon the attorney for the petitioner on the same date as the date of filing. A hearing must be had upon the justification of the surety at the same time as that set for the hearing on the petition for the order to release the lien.

      2.  If the lien claimant fails to file and serve the notice and affidavit within 2 days after the service of the petition for release of the lien, he shall be deemed to have waived all objection to the justification and sufficiency of the surety.

      Sec. 8.  NRS 108.2391 is hereby amended to read as follows:

      108.2391  [1.  The district court including within its district a county in which a mechanic’s lien is recorded, shall enter an order discharging and releasing a mechanic’s lien of record under the following circumstances:

      (a) The debtor of the lien claimant or a party in interest in the premises subject to the lien shall obtain a surety bond executed by the debtor of the lien claimant or a party in interest in the premises subject to the lien, as principal, and executed by a corporation authorized to transact surety business in the State of Nevada, as surety, in substantially the following form:

(Title of Court and Cause, if action has been commenced)

WHEREAS, .............................. (Name of owner, contractor, or other person disputing lien) desires to give a bond for freeing and releasing the hereinafter described real property from that certain claim of mechanic’s lien in the sum of $.................... recorded ...................., 19....., in the office of the recorder in .................... County. (Name of county where the real property is situated,)

(legal description)

NOW, THEREFORE, the undersigned surety does hereby obligate itself to the claimant named in the mechanic’s lien, .............................., (Name of claimant) under the statutory obligations in the sum of $....................,


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

ê1981 Statutes of Nevada, Page 32 (Chapter 25, SB 110)ê

 

of claimant) under the statutory obligations in the sum of $...................., (1 1/2 x claim) which sum shall include such amount as a court of competent jurisdiction may adjudge to have been secured by such lien, with interest, costs and attorney fees.

IN TESTIMONY WHEREOF, the surety has caused its corporate name and seal to be hereunto affixed by its duly authorized officer at ...................., Nevada, on the ..... day of ...................., 19......

 

                                                                                             (SURETY CORPORATION)

                                                                                By .................................................................

                                                                                                   (Its Attorney in Fact)

State of Nevada

 

 

County of................................................................

}

ss.

      On ...................., 19....., before me, the undersigned, a notary public of said county and state, personally appeared .............................. known to me to be the attorney in fact of the corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same.

                                                                                .......................................................................

                                                                                                (Notary Public in and for

                                                                                                  the County and State)

      (b) A petition shall be filed in the district court petitioning for an order releasing and discharging such mechanic’s lien of record, and such petition shall be set forth:

             (1) The title of the cause, which shall be: “In the matter of ........................................ for discharge of mechanic’s

                                                                                                               (name of petitioner)

lien of ............................................................ upon posting release bond.”

             (name of mechanic’s lien claimant)

             (2) The body of the petition shall include at least the following:

             (I) An allegation of the purchase of and payment of the premium for the bond, and the dates of purchase and payment.

             (II) An allegation incorporating by reference a true copy of the bond, which copy shall be attached to the petition.

             (III) The name or names of the owner or reputed owners of the land subject to the lien.

             (IV) A description of the real property subject to the lien, and the book and document number of the lien as given by the recorder’s office.

             (V) A prayer for an order discharging and releasing the lien.

      (c) The petitioner shall obtain an order from a judge of the district court setting forth the time and date of the hearing on the petition, which time and date shall be at least 5 days after the date of the order and not more than 10 days after the date of the order.

      (d) A copy of the petition and a copy of the order shall be served on the lien claimant at least 2 days prior to the date set for the hearing, and served in the manner provided by law for service of summons.

      (e) Upon the hearing, the court shall enter its order discharging and releasing such mechanic’s lien upon the petitioner’s filing in open court such original bond, and introducing in evidence a receipt for payment of the premium.


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

ê1981 Statutes of Nevada, Page 33 (Chapter 25, SB 110)ê

 

such original bond, and introducing in evidence a receipt for payment of the premium.

      2.  The entry of such order by the court shall refer to the property which is the subject of the lien and the lien itself, by document number and book number, and shall recite that such lien is fully and completely discharged and released of record for all purposes and as fully and to the same extent as if released of record by the lienor.

      3.  Upon entry of such order, such lien shall be released of record in its entirety and for all purposes and such real property, the subject of the lien, released from the encumbrances of such lien.

      4.  There shall be no appeal from the entry of such order, and, upon entry, such order shall be final for all purposes.

      5.  The lien claimant is entitled to bring an action against the lien claimant’s debtor and to join therein the surety on the bond.

      6.  The rights of the lien claimant whose lien has been discharged by the following of the procedure outlined in this section shall include, and the court may award to him in the proceedings referred to in subsection 5:

      (a) The amount found due to the lien claimant by the court;

      (b) The costs of preparing and filing the lien claim, including attorney’s fees, if any;

      (c) Costs of the proceedings;

      (d) Attorney’s fees for representation of the lien claimant in the proceedings; and

      (e) Interest at the rate of 7 percent per annum on the amount found due to the lien claimant and from the date found by the court that the sum was due and payable.

      7.  Proceedings under subsection 5 are entitled to priority of hearing second only to criminal hearings, and the plaintiff in the action may serve upon the adverse party a “demand for 30-day setting,” in the proper form, and file the same with the clerk of the court, and, upon filing, the clerk of the court shall, before Friday next, then vacate a case or cases in a department of the court and set the lien claimant’s case for hearing on a day or days certain and to be heard within 30 days of the filing of the “demand for 30-day setting.” Only one such preferential setting need be given by the court, unless such hearing date is vacated without stipulation of counsel for plaintiff in writing. If such hearing date is vacated, without such stipulation, upon service and filing, a new preferential setting shall be given.

      8.  By entering into a bond given pursuant to paragraph (a) of subsection 1, the surety submits himself to the jurisdiction of the court in which the bond is filed in the release of lien proceedings, and the surety irrevocably appoints the clerk of that court as its agent upon whom any papers affecting its liability on the bond may be served. Its liability may be enforced on motion without necessity of an independent action. The motion and such notice of motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the surety if his address is known.

      9.  The motion proceedings described in subsection 8 shall not be instituted until the lapse of 30 days following the giving of notice of entry of judgment in the proceedings described in this section, if no notice of appeal from the judgment is filed, nor shall such motion proceedings be instituted until the lapse of 30 days following the filing of the remittitur from the supreme court, if an appeal has been taken from the judgment.


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

ê1981 Statutes of Nevada, Page 34 (Chapter 25, SB 110)ê

 

appeal from the judgment is filed, nor shall such motion proceedings be instituted until the lapse of 30 days following the filing of the remittitur from the supreme court, if an appeal has been taken from the judgment.

      10.  The lien claimant may, within 2 days after the service of a copy of the petition and a copy of the bond attached thereto, file with the clerk of the court in the proceedings a notice excepting to the sufficiency of the surety on the bond, and shall, at the same time and together with such notice, file an affidavit setting forth the grounds and basis of the exceptions to the such surety, and shall serve a copy of the notice and a copy of the affidavit upon the attorney for petitioner on the same date as the date of filing. Hearing shall be had upon the justification of the surety at the same time as that set for the hearing on the petition for the order to discharge and release the lien, and in the event that the lienor fails to file and serve such notice and affidavit within 2 days after the service of the petition for discharge of the lien, he shall be deemed to have waived all objection to the justification and sufficiency of the surety.] A mechanic’s lien of record upon real property may be released upon the posting of a surety bond in the manner provided in sections 2 to 7, inclusive, of this act.

 

________

 

 

CHAPTER 26, SB 111

Senate Bill No. 111–Committee on Judiciary

CHAPTER 26

AN ACT relating to statutes; ratifying technical corrections made to various chapters of NRS; correcting the effective date of certain provisions in Statutes of Nevada 1979; and providing other matters properly relating thereto.

 

[Approved March 4, 1981]

 

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

 

      Section 1.  Section 9 of chapter 529, Statutes of Nevada 1977, at page 1119, is hereby amended to read as follows:

 

       Sec. 9.  NRS 232.140 is hereby amended to read as follows:

       232.140  1.  [Funds] Money to carry out the provisions of NRS 232.010 to 232.158, inclusive, and to support the department and its various divisions and other units shall be provided by direct legislative appropriation from the state general fund.

       2.  All [moneys] money so appropriated shall be paid out on claims approved by the director in the same manner as other claims against the state are paid

 

      Sec. 2.  Section 16 of chapter 600, Statutes of Nevada 1977, at page 1643, is hereby amended to read as follows:

 

       Sec. 16.  NRS 584.1759, 584.176, 584.177, 584.178, 584.1785, 584.179, 584.325, 584.330, 584.335, 584.340, 584.345, 584.350, 584.355, 584.360, 584.365, 584.370, 584.375, 584.380, 584.385, 584.390, 584.395, 584.400, 584.405, 584.410, 584.415, 584.420, 584.425, 584.435, 584.440, 584.445, 584.450, 584.455, 584.460, 584.465, 584.470, 584.475, 584.480, 584.485, 584.490, 584.495, 584.500, 584.505, 584.510, 584.515, 584.520, 584.522, 584.525, 584.535, 584.540, 584.543, 584.545, 584.550, 584.555, 584.560, 584.565, 584.568, 584.570, 584.575, 584.580, 584.582, 584.583, 584.584, 584.585, 584.590, 584.595, 584.600, 584.605, 584.610, 584.615, 584.620, 584.625, 584.630, 584.633, 584.635, 584.640, 584.645, 584.650, 584.655, 584.660, 584.665, 584.670, 584.675, 584.680, 584.690, and sections 2 and 3 of this act are hereby repealed.


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

ê1981 Statutes of Nevada, Page 35 (Chapter 26, SB 111)ê

 

584.420, 584.425, 584.435, 584.440, 584.445, 584.450, 584.455, 584.460, 584.465, 584.470, 584.475, 584.480, 584.485, 584.490, 584.495, 584.500, 584.505, 584.510, 584.515, 584.520, 584.522, 584.525, 584.535, 584.540, 584.543, 584.545, 584.550, 584.555, 584.560, 584.565, 584.568, 584.570, 584.575, 584.580, 584.582, 584.583, 584.584, 584.585, 584.590, 584.595, 584.600, 584.605, 584.610, 584.615, 584.620, 584.625, 584.630, 584.633, 584.635, 584.640, 584.645, 584.650, 584.655, 584.660, 584.665, 584.670, 584.675, 584.680, 584.690, and sections 2 and 3 of this act are hereby repealed.

 

      Sec. 3.  Chapter 78, Statutes of Nevada 1979, at page 99, is hereby amended by adding thereto a new section to be designated as section 57.5, which shall immediately follow section 57 and shall read as follows:

 

       Sec. 57.5.  NRS 684A.240 is hereby amended to read as follows:

       684A.240  1.  In addition to or in lieu of the suspension, revocation or refusal to renew any adjuster’s license for any of the causes referred to in NRS 684A.210 (suspension, revocation of license: Grounds), after hearing thereon or upon waiver of hearing by the licensee, the commissioner may levy upon the licensee an administrative fine in any amount not less than $25 nor more than $250.

       2.  In his order levying the fine the commissioner shall specify a period of not less than 15 days nor more than 30 days from the date of the order within which the fine shall be paid in full.

       3.  If the fine is not paid when due, the commissioner shall revoke the license involved, if not already revoked, and the fine shall be recovered in a civil action brought by the attorney general in the commissioner’s behalf.

       4.  The commissioner shall deposit any fine collected by him hereunder with the state treasurer for credit to the insurance division regulatory [revolving] fund.

 

      Sec. 4.  Section 4 of chapter 103, Statutes of Nevada 1979, at page 160, is hereby amended to read as follows:

 

       Sec. 4.  NRS 449.001 is hereby amended to read as follows:

       449.001  As used in NRS 449.001 to 449.245, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 449.002 to 449.018, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

 

      Sec. 5.  Chapter 217, Statutes of Nevada 1979, at page 314, is hereby amended by adding thereto two new sections to be designated as sections 20.5 and 22, respectively, which shall immediately follow sections 20 and 21, respectively, and shall read respectively as follows:

 

       Sec. 20.5.  NRS 449.001 is hereby amended to read as follows:

       449.001  As used in NRS 449.001 to 449.245, inclusive, sections 2 and 3 of [this act] chapter 103, Statutes of Nevada 1979, at page 160, and sections 15 to 20, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 449.002 to 449.018, inclusive, section 2 of Senate Bill No.


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ê1981 Statutes of Nevada, Page 36 (Chapter 26, SB 111)ê

 

at page 160, and sections 15 to 20, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 449.002 to 449.018, inclusive, section 2 of Senate Bill No. 79 of the 60th session of the legislature and section 1 of [this act] chapter 563, Statutes of Nevada 1979, at page 1112 have the meanings ascribed to them in those sections.

       Sec. 22.  Section 20.5 of this act shall become effective at 12:02 a.m. on July 1, 1979.

 

      Sec. 6.  Chapter 323, Statutes of Nevada 1979, at page 480, is hereby amended by adding thereto two new sections to be designated as sections 1.3 and 1.5, respectively, which shall immediately follow section 1 and shall read respectively as follows:

 

       Sec. 1.3.  NRS 539.135 is hereby amended to read as follows:

       539.135  The registrars shall require registrants to take the following oath in substance: I am, or have declared my intention to become, a citizen of the United States, am over the age of 21 years, and am, or properly represent, under the law in pursuance of which this election is to be held, the bona fide holder of title or evidence of title, as defined in the law, to at least [5] 20 acres of land within the boundaries of the .................... Irrigation District, and such holding is for all purposes and not simply for this election or matters connected therewith.

       Sec. 1.5.  NRS 539.137 is hereby amended to read as follows:

       539.137  1.  The president or vice president of a qualified corporation may register in its behalf, or any other person may register on behalf of such corporation upon being duly authorized by the president or vice president thereof in writing.

      2.  The registrar shall require registrants on behalf of a corporation to take the following oath, in substance: I am over the age of 21 years, and the (president or vice president) of (naming the corporation), or have been duly authorized in writing to register on behalf of (naming the corporation); that the corporation is organized under or has qualified under the laws of Nevada to transact business therein and is the holder of title or evidence of title to at least [5] 20 acres of land, as defined in the Nevada Irrigation District Act, within the boundaries of the .................... Irrigation District.

 

      Sec. 7.  1.  Sections 2 and 3 of chapter 365, Statutes of Nevada 1979, at pages 626 and 627, respectively, are hereby amended to read respectively as follows:

 

       Sec. 2.  NRS 232.215 is hereby amended to read as follows:

       232.215  The director:

       1.  Shall appoint a chief of the personnel division [.] and a chief of the risk management division.

       2.  Shall appoint a chief of the budget division, or may personally serve in this position if he has the qualifications required by NRS 353.175.

       3.  Is responsible for the administration, through the divisions of the department, of the provisions of chapter 284 of NRS, NRS 353.150 to 353.246, inclusive, sections 4 to 7, inclusive, of this act, and all other provisions of law relating to the functions of the divisions of the department.


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ê1981 Statutes of Nevada, Page 37 (Chapter 26, SB 111)ê

 

353.150 to 353.246, inclusive, sections 4 to 7, inclusive, of this act, and all other provisions of law relating to the functions of the divisions of the department.

       4.  Has such other powers and duties as provided by law.

       Sec. 3.  Chapter 331 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 9, inclusive, of this act.

 

      2.  Section 57.7 of chapter 533, Statutes of Nevada 1979, at page 1065, is hereby amended to read as follows:

 

       Sec. 57.7.  NRS 232.215 is hereby amended to read as follows:

       232.215  The director:

       1.  Shall appoint a chief of the personnel division and a chief of the risk management division.

       2.  Shall appoint a chief of the budget division, or may personally serve in this position if he has the qualifications required by NRS 353.175.

       3.  Shall personally serve as chief of the hearings division and shall appoint the hearing officers, who are in the classified service of the state.

       4.  Is responsible for the administration, through the divisions of the department, of the provisions of chapter 284 of NRS, NRS 353.150 to 353.246, inclusive, sections 4 to 7, inclusive, of Assembly Bill No. 24 of the 60th session of the Nevada legislature, and all other provisions of law relating to the functions of the divisions of the department.

      [4.]5.  Has such other powers and duties as provided by law.

 

      Sec. 8.  Section 14 of chapter 382, Statutes of Nevada 1979, at page 658, is hereby amended to read as follows:

 

       Sec. 14.  Chapter 391 of NRS is hereby amended by adding thereto a new section which shall read as follows:

       The certificated employee or a witness at a hearing under NRS 391.311 to 391.3196, inclusive, who is a handicapped person as defined in NRS 50.050, is entitled to the services of an interpreter at public expense, subject to the provisions of sections 3 and 4 of this act. The interpreter must be appointed by the hearing officer.

 

      Sec. 9.  Sections 6 and 18 of chapter 386, Statutes of Nevada 1979, at pages 665 and 670, respectively, are hereby amended to read respectively as follows:

 

       Sec. 6.  NRS 324.210 is hereby amended to read as follows:

       324.210  1.  Upon the failure of any party having a contract with the state for the construction of irrigation works to begin the works within the time specified by the contract, or to complete the works within the time or in accordance with the specifications of the contract to the satisfaction of the state engineer, the division shall give the party written notice of the failure. If after a period of 60 days after the sending of the notice, the party fails to proceed with the work or to conform to the specifications of the contract, the bond and contract of the party and all works constructed under it are forfeited to the state.


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ê1981 Statutes of Nevada, Page 38 (Chapter 26, SB 111)ê

 

are forfeited to the state. The division shall at once so declare and give notice once a week for a period of 4 weeks in some newspaper of general circulation in the county or counties in which the work is situated, and in one newspaper at the state capital in like manner and for a like period, of:

       (a) The forfeiture of the contract; and

       (b) That upon a fixed day proposals will be received at the office of the division for the purchase of the uncompleted works and for the completion of the contract.

       2.  The division shall give notice in its advertisement for proposals for the purchase of the uncompleted works that the successful bidder is required, before the transfer of ownership, to furnish a satisfactory bond in a prescribed sum conditioned for the faithful fulfillment of the uncompleted provisions of the contract.

       3.  The time of receiving bids must be at least 60 days subsequent to the issuing of the last notice of forfeiture.

       4.  The money received by the division from the sale of partially completed works under the provisions of this section must first be applied to the expenses incurred by the state in their forfeiture and disposal and to satisfy the bond. The surplus, if any exists, must be deposited in the Carey Act [trust] fund.

       Sec. 18.  Sections 1 to 6, inclusive, of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

      Sec. 10.  Section 2 of chapter 401, Statutes of Nevada 1979, at page 703, is hereby amended to read as follows:

 

       Sec. 2.  NRS 117.027 is hereby amended to read as follows:

       117.027  1.  At the time any condominium map or plan is presented to the county recorder for recording the following certificates [shall] must be presented to be recorded immediately [prior to] before the map or plan:

       [1.](a) A subdivision report from a reputable title company showing the names of the parties who may be required to sign the map or plan and guaranteeing that the names of the parties contained therein are the only parties who are required to sign the map or plan.

       [2.](b) A certificate from a reputable title company showing that there are no liens against the condominium or any part thereof for delinquent state, county, municipal, federal or local taxes or assessments collected as taxes or special assessments.

       [3.](c) A certificate from:

       [(a)](1) The health division of the department of human resources, or the local agency acting pursuant to NRS 278.335, showing that the map or plan 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.


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ê1981 Statutes of Nevada, Page 39 (Chapter 26, SB 111)ê

 

       [(b)](2) The division of water resources of the state department of conservation and natural resources, showing that the [final] map or plan is approved concerning water quantity.

       [4.]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.

       3.  A copy of the certificate from the division of water resources required by paragraph (c) of subsection [3 shall] 1 must be furnished to the condominium subdivider who in turn shall provide a copy of such certificate to each purchaser of a condominium unit [prior to] before the time the sale is completed. [No] A statement of approval as required in subsection 3 is not a warranty or representation in favor of any person as to the safety or quantity of such water.

 

      Sec. 11.  Section 6 of chapter 404, Statutes of Nevada 1979, at page 710, is hereby amended to read as follows:

 

       Sec. 6.  NRS 673.001 is hereby amended to read as follows:

       673.001  As used in this chapter, unless the context otherwise requires, [words shall have the meanings assigned] the words and terms defined in NRS 673.002 to 673.034, inclusive [.] , and section 5 of this act have the meanings ascribed to them in those sections.

 

      Sec. 12.  Section 1 of chapter 428, Statutes of Nevada 1979, at page 768, is hereby amended to read as follows:

 

       Section 1.  NRS 321.450 is hereby amended to read as follows:

       321.450  1.  The administrator, with the advice of the advisory group, [is authorized to] and the board of county commissioners of Clark County may undertake such engineering and planning studies and surveys and [to] take such other action as may be necessary for the development of Eldorado Valley.

       2.  The administrator, with the concurrence of the legislative commission shall sell and dispose of lands in the Eldorado Valley in accordance with plans and procedures adopted by him.

       3.  Unless another proposal is pending as described in subsection 4, the board of county commissioners of Clark County may at any time propose to purchase part or all of the land described in subsection 2 of NRS 321.410. If the proposal is rejected by the administrator, the board of county commissioners may request a hearing on the matter before the legislative commission.

       4.  The administrator shall notify the board of county commissioners of Clark County of any proposal made by a person who appears to be ready, willing and able to purchase any of the land described in subsection 2 of NRS 321.410. The board may, within 60 days, comment on the proposal or make an offer to purchase any of the land.


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ê1981 Statutes of Nevada, Page 40 (Chapter 26, SB 111)ê

 

of the land. The administrator shall submit the proposal or proposals to the legislative commission for its concurrence.

       5.  Sale of land to any purchaser must be made pursuant to the terms and conditions established by federal law or by the Secretary of the Interior, and the price must include a sum sufficient to reimburse the state for all its actual costs.

       [3.]6.  The administrator, acting for and on behalf of the State of Nevada, may relinquish all rights, powers and privileges the state may have to purchase any portion, part or parcel of the lands described in NRS 321.410. Any such relinquishment [shall] must be made by written instrument, [shall] be approved by the attorney general, and [shall] be forwarded to the Secretary of the Interior.

      [4.]7.  The administrator shall provide the members of the advisory group with industrial insurance through the Nevada industrial commission.

 

      Sec. 13.  Section 2 of chapter 447, Statutes of Nevada 1979, at page 824, is hereby amended to read as follows:

 

       Sec. 2.  NRS 361.035 is hereby amended to read as follows:

       361.035  1.  “Real estate” or “real property” means:

       (a) All houses, buildings, fences, ditches, structures, erections, railroads, toll roads and bridges, or other improvements built or erected upon any land, whether such land is private property or property of the state or of the United States, or of any municipal or other corporation, or of any county, city or town in this state.

       (b) Any mobile home or factory-built housing which meets the requirements of section 1 of this act.

       (c) The ownership of, or claim to, or possession of, or right of possession to any lands within this state.

       [(c)](d) The claim by or the possession of any person, firm, corporation, association or company to any land.

       2.  The property described in subsection 1 shall be listed under the head of “real estate.”

       3.  When an agreement has been entered into, whether in writing or not, or when there is sufficient reason to believe that an agreement has been entered into, for the dismantling, moving or carrying away or wrecking of the property described in subsection 1, or where such property shall undergo any change whereby it shall be depreciated in value or entirely lost to the county, such property shall be classified as personal property, and not real estate.

      4.  For the purposes of this chapter, “real estate” or “real property” [shall] does not include leasehold or other possessory interests in land owned by the Federal Government on which land the Federal Government is paying taxes to the State of Nevada or is, pursuant to contractual obligation, paying any sum in lieu of taxes to the State of Nevada.

 

      Sec. 14.  Chapter 463, Statutes of Nevada 1979, at page 872, is hereby amended by adding a new section thereto to be designated as section 37.5, which shall immediately follow section 37 and shall read as follows:


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ê1981 Statutes of Nevada, Page 41 (Chapter 26, SB 111)ê

 

       Sec. 37.5.  NRS 432A.060 is hereby amended to read as follows:

       432A.060  The [administrator] chief shall be appointed on the basis of his education, training, experience and demonstrated abilities and his interest in child care services and programs.

 

      Sec. 15.  Section 55 of chapter 465, Statutes of Nevada 1979, at page 913, is hereby amended to read as follows:

 

       Sec. 55.  NRS 528.053 is hereby amended to read as follows:

       528.053  1.  No felling of trees, skidding, rigging or construction of tractor or truck roads or landings, or the operation of vehicles, [shall] may take place within 200 feet, measured on the slope, of the high water mark of any lake, reservoir, stream or other body of water unless a variance is first obtained from a committee composed of the state forester firewarden, the director of the [Nevada department of fish and game] department of wildlife and the state engineer.

       2.  The committee may grant a variance authorizing any of the activities prohibited by subsection 1 within a 200-foot buffer area if the committee determines that the goals of conserving forest resources and achieving forest regeneration, preserving watersheds, reaching or maintaining water quality standards adopted by federal and state law, continuing water flows, preserving and providing for the propagation of fish life and stream habitat and preventing significant soil erosion will not be compromised.

       3.  In acting on a request for such variances the committee shall consider the following factors:

       (a) The extent to which such requested activity is consistent with good forestry management for the harvesting of timber;

       (b) The extent to which such requested activity significantly impedes or interrupts the natural volume and flow of water;

       (c) The extent to which such requested activity significantly affects a continuation of the natural quality of the water pursuant to state and federal water quality standards;

       (d) The extent to which such requested activity is consistent with the prevention of significant soil erosion; [and]

       (e) The extent to which such requested activity may significantly obstruct fish passage, cause sedimentation in fish spawning areas, infringe on feeding and nursing areas and cause variations of water temperatures; and

       (f) The filtration of sediment-laden water as a consequence of timber harvesting on adjacent slopes.

 

      Sec. 16.  Section 10 of chapter 515, Statutes of Nevada 1979, at page 992, is hereby amended to read as follows:

 

       Sec. 10.  NRS 253.010 is hereby amended to read as follows:

       253.010  1.  Except as provided in subsection [3, public administrators shall be elected by the qualified electors of their respective counties.

       2.  Public administrators shall be chosen by the electors of their respective counties at the general election in 1922 and at the general election every 4 years thereafter, and shall enter upon the duties of their office on the 1st Monday of January subsequent to their election.


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ê1981 Statutes of Nevada, Page 42 (Chapter 26, SB 111)ê

 

respective counties at the general election in 1922 and at the general election every 4 years thereafter, and shall enter upon the duties of their office on the 1st Monday of January subsequent to their election.

       3.] 2:

       (a) In any county where there is a county administrator or manager, the administrator or manager shall appoint the public administrator. This appointment is not effective until it is confirmed by the board of county commissioners.

       (b) In any county where there is no county administrator or manager, the board of county commissioners shall appoint the public administrator.

       2.  The district attorneys of Lander, Lincoln and White Pine counties are ex officio public administrators of Lander County, Lincoln County and White Pine County, respectively. The recorder of Carson City shall serve as public administrator of Carson City.

 

      Sec. 17.  Section 11 of chapter 528, Statutes of Nevada 1979, at page 1030, is hereby amended to read as follows:

 

       Sec. 11.  Whenever the director finds that any person is engaged or about to engage in any act or practice which violates any provision in sections 8 to 10, inclusive, of this act, any standard or other regulation adopted pursuant thereto, with respect to a diffuse source, the director may:

       1.  Issue an order:

       (a) Specifying the provision or provisions of NRS 445.131 to 445.354, inclusive, and sections 8 to 10, inclusive, of this act or the regulation or order alleged to be violated or about to be violated;

       (b) Indicating the facts alleged which constitute a violation thereof; and

       (c) Prescribing the necessary corrective action to be taken and a reasonable time for completing that corrective action,

but no civil or criminal penalty may be imposed for failure to obey the order.

       2.  If the corrective action is not taken or completed, or without first issuing an order, commence a civil action pursuant to NRS 445.327.

 

      Sec. 18.  Chapter 530, Statutes of Nevada 1979, at page 1032 is hereby amended by adding thereto a new section to be designated as section 2, which shall immediately follow section 1 and shall read as follows:

 

       Sec. 2.  NRS 611.230 is hereby amended to read as follows:

       611.230  Every employment agency shall keep posted in a conspicuous place in its office or place of business a card or cards, furnished by the labor commissioner, upon which shall be printed in large blackfaced type the following: “No fee shall be charged an applicant for employment which exceeds [40] 55 percent of the first month’s gross cash wage.”


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ê1981 Statutes of Nevada, Page 43 (Chapter 26, SB 111)ê

 

      Sec. 19.  1.  Section 1 of chapter 557, Statutes of Nevada 1979, at page 1105, is hereby amended to read as follows:

 

       Section 1.  NRS 356.087 is hereby amended to read as follows:

       356.087  1.  Except as provided in subsections 2 and 3, all interest paid on money belonging to the State of Nevada must be deposited in the state general fund.

       2.  At the end of each quarter of each fiscal year, the state treasurer shall:

       (a) Compute the proportion of total deposits of state money pursuant to the provisions of this chapter which were attributable during the quarter to the state highway fund, the motor vehicle fund and the taxicab authority fund created by NRS 408.235, NRS 482.180 and NRS 706.8825, respectively;

       (b) Apply such proportion to the total amount of interest paid during that quarter to the state treasurer on deposits of state money; and

       (c) Credit to the state highway fund and the taxicab authority fund an amount equal to the amount arrived at by the computation in paragraph (b).

       3.  The [legislators’ retirement fund, the public employees’ retirement fund, the state permanent school fund, the silicosis and disabled pension fund and the wildlife account must be allocated their] proportionate shares of the interest earned and received [. The shares must] by:

       (a) The legislators’ retirement fund;

       (b) The public employees’ retirement fund;

       (c) The state permanent school fund;

       (d) The silicosis and disabled pension fund;

       (e) The wildlife account; and

       (f) The Colorado River resources fund, the Colorado River research and development fund, the Eldorado Valley development fund, the Fort Mohave Valley development fund and any other special revenue fund, capital projects construction fund, trust fund, enterprise fund or agency fund for which the division of Colorado River resources of the department of energy is responsible,

must be accounted for as separate income and assets of those respective funds and account.

 

      2.  Section 1 of chapter 608, Statutes of Nevada 1979, at page 1306, is hereby amended to read as follows:

 

       Section 1.  NRS 356.087 is hereby amended to read as follows:

       356.087  1.  Except as provided in subsections 2 and 3, all interest paid on money belonging to the State of Nevada must be deposited in the state general fund.

       2.  At the end of each quarter of each fiscal year, the state treasurer shall:

       (a) Compute the proportion of total deposits of state money pursuant to the provisions of this chapter which were attributable during the quarter to the state highway fund, the motor vehicle fund and the taxicab authority fund created by NRS 408.235, NRS 482.180 and NRS 706.8825, respectively;

 


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ê1981 Statutes of Nevada, Page 44 (Chapter 26, SB 111)ê

 

and the taxicab authority fund created by NRS 408.235, NRS 482.180 and NRS 706.8825, respectively;

       (b) Apply such proportion to the total amount of interest paid during that quarter to the state treasurer on deposits of state money; and

       (c) Credit to the state highway fund and the taxicab authority fund an amount equal to the amount arrived at by the computation in paragraph (b).

       3.  The proportionate shares of the interest earned and received by:

       (a) The dairy commission fund;

       (b) The legislators’ retirement fund;

       [(b)](c) The public employees’ retirement fund;

       [(c)](d) The state permanent school fund;

       [(d)](e) The silicosis and disabled pension fund;

       [(e)](f) The wildlife account; and

       [(f)](g) The Colorado River resources fund, the Colorado River research and development fund, the Eldorado Valley development fund, the Fort Mohave Valley development fund and any other special revenue fund, capital projects construction fund, trust fund, enterprise fund or agency fund for which the division of Colorado River resources of the department of energy is responsible,

must be accounted for as separate income and assets of those respective funds and account.

 

      Sec. 20.  Sections 1, 12 and 13 of chapter 574, Statutes of Nevada 1979, at pages 1127 and 1132, respectively, are hereby amended to read respectively as follows:

 

       Section 1.  NRS 278.024 is hereby amended to read as follows:

       278.024  1.  In the region of this state for which there has been created by NRS [278.702 to 278.770, inclusive,] 278.780 to 278.828, inclusive, sections 7 to 14, inclusive, of this act and sections 4, 5 and 6 of chapter 287, Statutes of Nevada 1979, a regional planning agency, the powers conferred by NRS 278.010 to 278.630, inclusive, upon any other authority are subordinate to the powers of such regional planning agency, and may be exercised only to the extent that their exercise does not conflict with any ordinance or plan adopted by such regional planning agency. The powers conferred by NRS 278.010 to 278.630, inclusive, shall be exercised whenever appropriate in furtherance of a plan adopted by the regional planning agency.

       2.  Upon the adoption by a regional planning agency created by NRS [278.702 to 278.770, inclusive,] 278.780 to 278.828, inclusive, sections 7 to 14, inclusive, of this act, and sections 4, 5 and 6 of chapter 287, Statutes of Nevada 1979, of any regional plan, [or interim plan,] any plan adopted pursuant to NRS 278.010 to 278.630, inclusive, shall cease to be effective as to the territory embraced in such regional [or interim] plan. Each planning commission and governing body whose previously adopted plan is so affected shall, within 90 days after the effective date of the regional [or interim] plan, initiate any necessary procedure to revise its plan and any related zoning ordinances which affect adjacent territory.


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ê1981 Statutes of Nevada, Page 45 (Chapter 26, SB 111)ê

 

plan, initiate any necessary procedure to revise its plan and any related zoning ordinances which affect adjacent territory.

       Sec. 12.  1.  The governing body shall adopt all necessary ordinances, rules, regulations and policies to effectuate the adopted regional plan. Every such ordinance, rule or regulation must establish a minimum standard applicable throughout the region, and any political subdivision may adopt and enforce an equal or higher standard applicable to the same subject of regulation in its territory.

       2.  The regulations must contain general, regional standards, including but not limited to the following:

       (a) Water purity and clarity;

       (b) Subdivision;

       (c) Zoning;

       (d) Tree removal;

       (e) Disposal of solid waste;

       (f) Sewage disposal;

       (g) Land fills, excavations, cuts and grading;

       (h) Piers, harbors, breakwaters, channels and other shoreline developments;

       (i) Waste disposal in shoreline areas;

       (j) Waste disposal from boats;

       (k) Mobile-home parks;

       (l) House relocation;

       (m) Outdoor advertising;

       (n) Protection of flood plains;

       (o) Protection of soil and control of sedimentation;

       (p) Air pollution; and

       (q) Watershed protection.

       3.  Whenever possible without diminishing the effectiveness of the regional plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the regional plan.

       Sec. 13.  1.  Every public works project proposed to be constructed within the region must be submitted to the agency for its review and recommendation as to conformity with the regional plan.

       2.  Except as provided in subsection 3, a public works project must not be constructed unless it has been approved by the agency.

       3.  If the public works project is proposed and is to be constructed by a department of this state, the agency shall submit its recommendations to the executive head of the department and to the governor, but the project may be constructed as approved by the executive head of the department.

 

      Sec. 21.  Section 76 of chapter 592, Statutes of Nevada 1979, at page 1217, is hereby amended to read as follows:

 

       Sec. 76.  NRS 108.315 is hereby amended to read as follows:

       108.315  1.  Any keeper of a trailer park who desires to enforce a lien for unpaid rent or rent and utilities under the provisions of NRS 108.270 to 108.360, inclusive, shall, within 15 days after the rent is 30 days past due, make a demand in writing upon the registered owner of the trailer, for the amount due, stating that a lien is claimed on the trailer.


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ê1981 Statutes of Nevada, Page 46 (Chapter 26, SB 111)ê

 

NRS 108.270 to 108.360, inclusive, shall, within 15 days after the rent is 30 days past due, make a demand in writing upon the registered owner of the trailer, for the amount due, stating that a lien is claimed on the trailer. A copy of the demand [shall] must be sent to every holder of a security interest in the trailer by registered or certified mail.

       2.  For the purpose of obtaining the name and address of a holder of a security interest in the trailer, the trailer park keeper shall request [such information from the department of motor vehicles prior to making the demand for payment. The department of motor vehicles] that information before making the demand for payment from the:

       (a) Manufactured housing division of the department of commerce with regard to mobile homes and commercial coaches as defined in chapter 489 of NRS.

       (b) Department of motor vehicles with regard to all other vehicles.

The state agency shall supply [such] that information from its records or, if the trailer is registered in another state, territory or country, [shall obtain such] obtain the information from the appropriate agency of [such] that state, territory or country.

      3.  No trailer [shall] may be sold for delinquent rent or rent and utilities until 4 months have elapsed after the first default in payment. At least 10 days [prior to such] before a sale, a written notice [shall] must be sent to every holder of a security interest in the trailer by registered or certified mail stating that a sale by auction of the trailer is to be made pursuant to the provisions of NRS 108.310.

 

      Sec. 22.  Section 1 of chapter 615, Statutes of Nevada 1979, at page 1322, is hereby amended to read as follows:

 

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

       “Director” means the director of the legislative counsel bureau.

 

      Sec. 23.  Section 7 of chapter 618, Statutes of Nevada 1979, at page 1330, is hereby amended to read as follows:

 

      Sec. 7.  Upon receipt of a plan for acquisition and disposition and request for allocation of money from the fund for acquisition of crude oil and petroleum products, the director of the legislative counsel bureau shall notify the chairman of the interim finance committee, who shall thereupon call a meeting of the committee. If the committee, after independent examination of the request, finds that the allocation recommended by the state board of examiners should be made, the committee shall by resolution establish the amount of the allocation and the timing and method of disposition, and direct the state controller, upon request of the director, to draw one or more warrants up to that amount payable to sellers designated by the director.


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ê1981 Statutes of Nevada, Page 47 (Chapter 26, SB 111)ê

 

      Sec. 24.  Section 20 of chapter 663, Statutes of Nevada 1979, at page 1541, is hereby amended to read as follows:

 

       Sec. 20.  NRS 645.340 is hereby amended to read as follows:

       645.340  1.  The [real estate] division shall not approve [the issuance of] an application for examination for a broker’s or salesman’s license [to] of any person unless [such person] he is a bona fide resident of the State of Nevada.

       2.  The requirements of subsection 1 are applicable to each member of a copartnership or association and to each officer or director of a corporation who will actively engage in the real estate business.

       [3.  Any person licensed as a real estate broker or real estate salesman within the State of Nevada at any time prior to July 1, 1949, shall be exempt from the citizenship requirements of this chapter. Nothing in this chapter shall affect the right of such noncitizen now holding a real estate broker’s license or a real estate salesman’s license to renewal or reinstatement of his license in accordance with the provisions of this chapter.]

 

      Sec. 25.  Section 139 of chapter 667, Statutes of Nevada 1979, at page 1609, is hereby amended to read as follows:

 

       Sec. 139.  NRS 391.3191 is hereby amended to read as follows:

       391.3191  1.  Each request for appointment of a person from the list of hearing officers to serve as a hearing officer shall be submitted to the superintendent of public instruction.

       2.  The certificated employee and the superintendent may each challenge not more than five members of the [hearing officer list,] list of hearing officers, and the superintendent of public instruction shall not appoint any challenged person.

 

      Sec. 26.  1.  Chapter 679, Statutes of Nevada 1979, at page 1737, is hereby amended by adding thereto a new section to be designated as section 4.5, which shall immediately follow section 4 and shall read as follows:

 

       Sec. 4.5.  Section 17 of chapter 662, Statutes of Nevada 1979, at page 1528, is hereby amended to read as follows:

       Sec. 17.  NRS 463.386 is hereby amended to read as follows:

       463.386  1.  [In the event] If the securities of a corporate licensee are or become publicly held or publicly traded, the gaming operations of [such] that corporation may be transferred to a wholly owned subsidiary corporation, if [such] the subsidiary corporation applies for and obtains a license.

       2.  If the commission approves the issuance of a license to [such] the wholly owned subsidiary corporation, all prepaid state gaming taxes and fees which are credited to the account of the parent corporation [shall] must be transferred and credited to the account of the subsidiary.

       3.  If a corporate gaming licensee is merged with another corporation, at least 80 percent of which is owned by shareholders of the former corporate licensee, and which is thereafter licensed at the same location within 30 days following the merger, then for the purposes of NRS 463.370, 463.373, 463.375, 463.380, [and] 463.383 [,] and 463.385, and for those purposes only, the gaming license of the merged corporate licensee shall be deemed to have been transferred to the surviving corporation and the previously licensed operation shall be deemed to be a continuing operation under the license of the surviving corporation.


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ê1981 Statutes of Nevada, Page 48 (Chapter 26, SB 111)ê

 

same location within 30 days following the merger, then for the purposes of NRS 463.370, 463.373, 463.375, 463.380, [and] 463.383 [,] and 463.385, and for those purposes only, the gaming license of the merged corporate licensee shall be deemed to have been transferred to the surviving corporation and the previously licensed operation shall be deemed to be a continuing operation under the license of the surviving corporation.

       4.  If a corporate gaming licensee is dissolved, and the parent corporation of the dissolved corporation or a subsidiary corporation of [such] the parent [corporations,] corporation, 80 percent of which is owned by [such] the parent corporation, is licensed at the same location within 30 days following the dissolution, then for the purposes of NRS 463.370, 463.373, 463.375, 463.380 , [and] 463.383 [,] and 463.385, and for those purposes only, the gaming license of the dissolved corporate licensee shall be deemed to have been transferred to [such] the parent corporation or subsidiary corporation of [such] the parent corporation and the previously licensed operation shall be deemed to be a continuing operation under [such] the other corporate license.

       5.  If a corporate gaming licensee or a gaming licensee which is a partnership is reorganized pursuant to a plan of reorganization approved by the commission, and a limited partnership is the surviving entity and is licensed at the same location within 30 days after the effective date of the plan, then for the purposes of NRS 463.370, 463.373, 463.375, 463.380, 463.383 and 463.385, and for those purposes only, the gaming license of the former corporate licensee is deemed to have been transferred to the limited partnership and the previously licensed operation is deemed to be a continuing operation under the limited partnership.

 

      2.  Sections 2, 3, 4, and 18 of chapter 679, Statutes of Nevada 1979, at pages 1738, 1739, 1740 and 1745, respectively, are hereby amended to read respectively as follows:

 

       Sec. 2.  NRS 463.385 is hereby amended to read as follows:

       463.385  1.  In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state a tax equal to the amount of any credit which may be allowed against the tax imposed on slot machines by 26 U.S.C. § 4461 or other federal statute for the payment of a state tax. If no credit is allowed, no tax is payable under this subsection.

       2.  The commission shall:

       (a) Collect the tax annually on or before June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine.

       (b) Include the proceeds of the tax in its reports of state gaming taxes collected.

       3.  The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school fund and the [higher education] capital construction fund [,] for higher education, hereby created in the state treasury, in the amounts and to be expended only for the purposes specified in subsections 4 and 5.


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ê1981 Statutes of Nevada, Page 49 (Chapter 26, SB 111)ê

 

amounts and to be expended only for the purposes specified in subsections 4 and 5.

       4.  Except as provided in subsection 6, during each fiscal year the state treasurer shall deposit the first $5 million of the tax paid over to him by the commission in the [higher education] capital construction fund [.] for higher education. When [requested by the board of regents of the University of Nevada,] specific projects are authorized by the legislature, money in the [higher education capital construction fund shall] fund must be transferred by the state controller and the state treasurer to the state public works board for the purpose [only] of constructing capital improvement projects for the University of Nevada System, including but not limited to capital improvement projects for the community college division. As used in this subsection, “construction” includes but is not limited to planning, design, site acquisition and development, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. [Unless specifically directed by an act of the legislature concerning priorities of construction of specific projects with moneys in the higher education capital construction fund, the board of regents of the University of Nevada shall determine the order of priority and the needs of the University of Nevada System with respect to expenditures of available moneys in the higher education capital construction fund.] Any [moneys] money remaining in the [higher education] capital construction fund for higher education at the end of a fiscal year [shall] does not revert to the general fund in the state treasury but [shall remain] remains in the [higher education] capital construction fund for higher education for authorized expenditure.

       5.  Except as provided in subsection 6, during each fiscal year the state treasurer shall deposit all money in excess of the first $5 million of the tax paid over to him by the commission in the state distributive school fund to be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.

       6.  If the amount of any credit which is allowed against the tax imposed on slot machines by 26 U.S.C. § 4461 or any other federal statute for the payment of a state tax is increased after July 1, 1977, the amount of tax collected by the commission under this section which represents that increase [shall] must be paid over to the state treasurer for deposit to the credit of the special [higher education] capital construction fund [,] for higher education, which is hereby created in the state treasury, and expended only for the purposes specified in subsection 7.

       7.  The board of regents of the University of Nevada may use any money in the capital construction fund for higher education and the special [higher education] capital construction fund for higher education for the payment of interest and amortization of principal on bonds and other securities issued before or after July 1, 1979, to defray [costs of construction of specific projects.] in whole or in part the costs of any capital project authorized by the legislature.


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ê1981 Statutes of Nevada, Page 50 (Chapter 26, SB 111)ê

 

       Sec. 3.  NRS 463.385 is hereby amended to read as follows:

       463.385  1.  In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this state [a tax equal to the amount of any credit which may be allowed against the tax imposed on slot machines by 26 U.S.C. § 4461 or other federal statute for the payment of a state tax. If no credit is allowed, no tax is payable under this subsection.] an annual tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.

       2.  The commission shall:

       (a) Collect the tax annually on or before June 20, as a condition precedent to the issuance of a state gaming license to operate any slot machine [.] for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.

       (b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.

       (c) Include the proceeds of the tax in its reports of state gaming taxes collected.

       3.  The commission shall pay over the tax as collected to the state treasurer to be deposited to the credit of the state distributive school fund , [and] the capital construction fund for higher education [,] and the special capital construction fund for higher education, hereby created in the state treasury, in the amounts and to be expended only for the purposes specified in [subsections 4 and 5.] this section.

       4.  [Except as provided in subsection 6, during] During each fiscal year the state treasurer shall deposit the [first $5 million of the] tax paid over to him by the commission as follows:

       (a) The first $5 million of the tax in the capital construction fund for higher education [.] ;

       (b) Twenty percent of the tax in the special capital construction fund for higher education; and

       (c) The remainder of the tax in the state distributive school fund.

       5.  When specific projects are authorized by the legislature, money in the [fund] capital construction fund for higher education and the special capital construction fund for higher education must be transferred by the state controller and the state treasurer to the state public works board for the purpose of constructing capital improvement projects for the University of Nevada System, including but not limited to capital improvement projects for the community college division. As used in this subsection, “construction” includes but is not limited to planning, design, site acquisition and development, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in [the capital construction fund for higher education] either construction fund at the end of a fiscal year does not revert to the general fund in the state treasury but remains in [the capital construction fund for higher education] those funds for authorized expenditure.


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ê1981 Statutes of Nevada, Page 51 (Chapter 26, SB 111)ê

 

capital construction fund for higher education] those funds for authorized expenditure.

       [5.  Except as provided in subsection 6, during each fiscal year the state treasurer shall deposit all money in excess of the first $5 million of the tax paid over to him by the commission]

       6.  The money deposited in the state distributive school fund [to] under this section must be apportioned as provided in NRS 387.030 among the several school districts of the state at the times and in the manner provided by law.

       [6.  If the amount of any credit which is allowed against the tax imposed on slot machines by 26 U.S.C. § 4461 or any other federal statute for the payment of a state tax is increased after July 1, 1977, the amount of tax collected by the commission under this section which represents that increase must be paid over to the state treasurer for deposit to the credit of the special capital construction fund for higher education, which is hereby created in the state treasury, and expended only for the purposes specified in subsection 7.]

       7.  The board of regents of the University of Nevada may use any money in the capital construction fund for higher education and the special capital construction fund for higher education for the payment of interest and amortization of principal on bonds and other securities issued before or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the legislature.

       Sec. 4.  (Deleted by amendment.)

       Sec. 18.  1.  Sections 1 and 3 of this act shall become effective upon the expiration of the tax imposed on slot machines by 26 U.S.C. § 4461 or other federal statute.

       2.  Sections 2, 5 and 17 of this act shall become effective on July 1, 1979.

       3.  This section, section 4.5 and sections 6 to 16, inclusive, of this act shall become effective upon passage and approval.

 

      Sec. 27.  Chapter 680, Statutes of Nevada 1979, at page 1745, is hereby amended by adding thereto a new section to be designated as section 2.5, which shall immediately follow section 2 and shall read as follows:

 

       Sec. 2.5.  NRS 373.113 is hereby amended to read as follows:

       373.113  In any county in which a regional [street and highway] transportation commission has been created by ordinance, the commission may:

       1.  Receive and disburse federal funds for transit or other highway and transportation purposes;

       2.  Submit project applications and programs of projects to the Urban Mass Transportation Administration of the United States Department of Transportation or to other federal agencies;

       3.  Enter into formal project agreements with the Urban Mass Transportation Administration of the United States Department of Transportation; and


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ê1981 Statutes of Nevada, Page 52 (Chapter 26, SB 111)ê

 

       4.  Conduct public hearings on transit and other highway and transportation matters and certify that such hearings were conducted.

 

      Sec. 28.  Section 29 of chapter 682, Statutes of Nevada 1979, at page 1756, is hereby amended to read as follows:

 

       Sec. 29.  The initial report filed under this chapter must include all items of property, except traveler’s checks, that would have been presumed abandoned if this chapter had been in effect during the 10-year period preceding January 1, 1980, and all traveler’s checks that would have been presumed abandoned if this chapter had been in effect during the 15-year period, preceding its effective date.

 

      Sec. 29.  Section 121 of chapter 683, Statutes of Nevada 1979, at page 1804, is hereby amended to read as follows:

 

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

 

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CHAPTER 27, SB 114

Senate Bill No. 114–Committee on Taxation

CHAPTER 27

AN ACT relating to the property tax; changing the date on which the county assessor must perform certain duties respecting the allowance for certain residential heating or cooling systems to conform to the date on which the Nevada tax commission meets to set the tax rates; and providing other matters properly relating thereto.

 

[Approved March 4, 1981]

 

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

 

      Section 1.  NRS 361.795 is hereby amended to read as follows:

      361.795  1.  As used in this section, “qualified system” means any system, method, construction, installation, machinery, equipment, device or appliance which is designed, constructed or installed in a residential building to heat or cool the building by using:

      (a) Solar or wind energy;

      (b) Geothermal resources;

      (c) Energy derived from conversation of solid wastes; or

      (d) Water power,

which conforms to standards established by regulation of the department.


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ê1981 Statutes of Nevada, Page 53 (Chapter 27, SB 114)ê

 

      2.  The owner of a residential building which is heated or cooled with a qualified system is entitled to an allowance against the property tax accrued:

      (a) During the current assessment year if the building is placed upon the secured tax roll; or

      (b) In the next following assessment year if the building is placed upon the unsecured tax roll,

in an amount equal to the difference between the tax on [such] the property as its assessed value with the system and the tax on [such] the property at its assessed value without the system.

      3.  In no event may the allowance:

      (a) Exceed the amount of the accrued property tax paid by the claimant on the building or $2,000, whichever is less; or

      (b) Be granted in any assessment year in which the qualified system is not actually used to heat or cool the building.

      4.  Only one owner of the building may file a claim for an assessment year. A claim may be filed with the county assessor of the county in which the building is located. The claim [shall] must be made under oath or affirmation and filed in such form and content, and accompanied by such proof, as the department may prescribe. The county assessor shall furnish the appropriate form to each claimant.

      5.  The claim [shall] must be filed between January 15 and March 15, inclusive:

      (a) Of each assessment year for which an allowance is claimed against the tax on property placed upon the secured tax roll.

      (b) Next preceding each assessment year for which an allowance is claimed against the tax on property placed upon the unsecured tax roll.

      6.  By not later than May [1] 25 of the assessment year [,] or, if May 25 falls on a Saturday or Sunday or on a legal holiday, on the Monday or Tuesday, respectively, next following, the county assessor shall provide the auditor of his county a statement showing the property description or parcel number, name and address of claimant, and the dollar allowances of each claim granted for the assessment year under this section with respect to property placed upon the secured tax roll After the county auditor extends the secured tax roll, he shall adjust the roll to show the dollar allowances and the amounts of tax, if any, remaining due as a result of claims granted under this section. By not later than June 1 of the assessment year, the county auditor shall deliver the extended tax roll, so adjusted, to the ex officio tax receiver of the county.

      7.  The ex officio tax receiver of the county shall make such corresponding adjustments to the individual property tax bills, prepared from the secured tax rolls, as are necessary to notify the taxpayers of the allowances granted them under this section.

      8.  After granting the claim of a taxpayer whose building is placed upon the unsecured tax roll, the county assessor shall determine the amount of the allowance to which the claimant is entitled under this section and shall credit the claimant’s individual property tax account accordingly.

      9.  The county assessor shall send to the department, for each assessment year, a statement showing the allowances granted pursuant to this section.


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ê1981 Statutes of Nevada, Page 54 (Chapter 27, SB 114)ê

 

to this section. Upon verification and audit of the allowances, the department shall authorize reimbursement to the county by the state from money appropriated for the purpose.

      10.  Any person who willfully makes a materially false statement on a claim filed under this section or produces false proof, and as a result of [such] that false statement or false proof, a tax allowance is granted to a person not entitled to the allowance, is guilty of a gross misdemeanor.

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

 

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CHAPTER 28, SB 128

Senate Bill No. 128–Committee on Commerce and Labor

CHAPTER 28

AN ACT relating to veterinarians; authorizing the issuance of subpenas by the board of veterinary medical examiners; authorizing the issuance of injunctions; changing membership of the board; changing the legal office of the board; providing for the biennial renewal of licenses; increasing the fee for renewal of a license; and providing other matters properly relating thereto.

 

[Approved March 4, 1981]

 

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

 

      Section 1.  Chapter 638 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  The board may issue subpenas to compel the attendance of witnesses and the production of books and papers.

      2.  If any witness refuses to attend or testify or produce any books and papers as required by the subpena, the board may report to the district court in and for the county in which the hearing is pending, by petition setting forth that:

      (a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) The witness has been subpenaed by the board pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the books and papers required by the subpena, or has refused to answer questions propounded to him, and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the board.

      3.  Upon receiving the petition, the court may enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the board. A certified copy of the order must be served upon the witness.

      4.  If it appears to the court that the subpena was regularly issued by the board, the court shall enter an order that the witness appear before the board at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness may be dealt with as for contempt of court.


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ê1981 Statutes of Nevada, Page 55 (Chapter 28, SB 128)ê

 

by the board, the court shall enter an order that the witness appear before the board at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness may be dealt with as for contempt of court.

      Sec. 3.  Whenever any person has violated or is about to violate any of the provisions of this chapter, the district court of any county, on application of the board, may issue an injunction or other appropriate order restraining the act or practice.

      Sec. 4.  NRS 638.020 is hereby amended to read as follows:

      638.020  1.  The Nevada state board of veterinary medical examiners is hereby created.

      2.  The board consists of seven members [, one of whom is the director of the division of animal industry of the state department of agriculture, and six of whom are] appointed by the governor.

      [3.  The director of the division of animal industry shall serve ex officio as a nonvoting member of the board and act as secretary-treasurer of the board.

      4.  Five] 3.  Six of the members appointed by the governor [shall] must:

      (a) Be residents of the State of Nevada.

      (b) Be graduates of a veterinary college approved by the American Veterinary Medical Association.

      (c) Have been lawfully engaged in the private practice of veterinary medicine in the State of Nevada for at least 5 years next preceding the date of their appointment.

      [5.]4.  One member appointed by the governor [shall] must be a representative of the general public.

      Sec. 5.  NRS 638.050 is hereby amended to read as follows:

      638.050  1.  The board shall elect from its appointed members a president, [and a] vice president [.] and secretary-treasurer. The officers [shall] serve at the pleasure of the board.

      2.  The office of the [secretary-treasurer shall be] president is the legal office of the board, but the board may maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.

      3.  The secretary-treasurer shall maintain a copy of all incoming and outgoing correspondence.

      Sec. 6.  NRS 638.127 is hereby amended to read as follows:

      638.127  1.  On or before January 1 of each even-numbered year, the secretary-treasurer shall mail to each person licensed under the provisions of this chapter an application form for the biennial renewal of his license.

      2.  Each applicant for renewal shall complete the form and return it to the secretary-treasurer, accompanied by the renewal license fee, before March 1 of such year. The renewal license fee [shall] may be set by the board in an amount not to exceed [$30.] $200.

      3.  Upon receipt of the application and fee, the board shall issue to such person a certificate of renewal.

      4.  Any person who fails to renew his license on or before May 1 of such year [shall forfeit] forfeits his license.

      5.  When a person has forfeited his license in the manner provided in subsection 4, the board may reinstate such person and issue a certificate of renewal upon payment of the renewal license fee and a delinquency penalty of $10 for each month or fraction thereof the license remained unrenewed after March 1.


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ê1981 Statutes of Nevada, Page 56 (Chapter 28, SB 128)ê

 

in subsection 4, the board may reinstate such person and issue a certificate of renewal upon payment of the renewal license fee and a delinquency penalty of $10 for each month or fraction thereof the license remained unrenewed after March 1.

      Sec. 7.  NRS 638.147 is hereby amended to read as follows:

      638.147  1.  If the board determines that any applicant for a license as a veterinarian or a licensed veterinarian has committed any of the acts [set forth in NRS 638.140,] which constitute cause for disciplinary action, the board may:

      (a) Refuse to issue a license.

      (b) Refuse to renew a license.

      (c) Revoke a license.

      (d) Suspend a license for a definite period of time.

      (e) Impose a civil administrative sanction in an amount not to exceed $1,000.

      (f) Place a licensee on probation.

      2.  Any [moneys] money collected by the board pursuant to this section [shall] must be deposited with the state treasurer for credit to the state general fund.

 

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CHAPTER 29, SB 131

Senate Bill No. 131–Committee on Commerce and Labor

CHAPTER 29

AN ACT relating to community antenna television companies; requiring companies to pay interest on deposits made by customers; and providing other matters properly relating thereto.

 

[Approved March 4, 1981]

 

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

 

      Section 1.  NRS 704.655 is hereby amended to read as follows:

      704.655  1.  Every public [service company, corporation or individual furnishing light and power, telephone, gas or water, or any of them, to the public] utility which furnishes the public with light and power, telephone service, gas or water, community antenna television, or any of them, shall pay to every customer [or consumer] from whom any deposit has been required interest on the deposit in an amount equal to the average prime rate plus 1 percent per annum from the date of deposit until the date of settlement or withdrawal of deposit. “Average prime rate” is the arithmetic mean of the range of interest rates in effect during the next preceding calendar year [prior to] before the settlement date or the withdrawal date of the deposit. Where [such] the deposit remains for a period of 1 year or more and the person making the deposit continues to be a customer, [or consumer,] the interest on the deposit [shall] must be either paid in cash to the depositor or applied on current bills for the use of the service provided by the public utility, as the depositor may desire.


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ê1981 Statutes of Nevada, Page 57 (Chapter 29, SB 131)ê

 

      2.  Any public utility that fails, refuses or neglects to pay the interest provided in subsection 1 and in the manner required by subsection 1 is guilty of a misdemeanor.

 

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CHAPTER 30, SB 172

Senate Bill No. 172–Committee on Government Affairs

CHAPTER 30

AN ACT relating to the state public works board; clarifying purposes for which engineering and architectural services of the board may be used; and providing other matters properly relating thereto.

 

[Approved March 4, 1981]

 

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

 

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

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

      (a) Highway maintenance buildings; and

      (b) Improvements, other than buildings, made in state parks by the state department of conservation and natural resources.

All such departments, boards or commissions are required and authorized to use [such] these services.

      2.  The services [shall] must consist of:

      (a) Preliminary planning.

      (b) Designing.

      (c) Estimating of costs.

      (d) Preparation of detailed plans and specifications,

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

      3.  The board [shall:

      (a) Have] :

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

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


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ê1981 Statutes of Nevada, Page 58 (Chapter 30, SB 172)ê

 

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

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

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

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

      (e) After the contract is let, [have supervision and inspection of] may supervise and inspect construction or major repairs. The cost of supervision and inspection [shall] must be financed from the capital construction program approved by the legislature.

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

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

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

 

________

 

 

CHAPTER 31, AB 78

Assembly Bill No. 78–Assemblymen Dini, May, Marvel, Rhoads and Redelsperger

CHAPTER 31

AN ACT to amend an act entitled “An Act relating to natural resources; directing the submission of a proposal to issue state general obligation bonds for park purposes and fish and game habitat acquisition to a vote of the people; providing for the use of the proceeds if such issue is approved; and providing other matters properly relating thereto,” approved May 21, 1975, as amended.

 

[Approved March 4, 1981]

 

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

 

      Section 1.  The above-entitled act, being chapter 660, Statutes of Nevada 1975, at page 1303, is hereby amended by adding thereto new sections to be designated as sections 5 and 6, which shall immediately follow section 4, and shall read as follows:

 

       Sec. 5.  The bonds issued pursuant to paragraph (b) of subsection 1 of section 2 of this act may be used for the construction of improvements for park purposes on land owned by the city or county, the acquisition of land for park purposes, or both.

       Sec. 6.  The value of land, labor or materials provided for park purposes by a city or county may be considered as a match for the proceeds of the bonds.

 

________

 

 


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ê1981 Statutes of Nevada, Page 59ê

 

CHAPTER 32, SB 237

Senate Bill No. 237–Committee on Government Affairs

CHAPTER 32

AN ACT amending the Airport Authority Act for Washoe County by raising the limitations upon the interest payable on its obligations; and providing other matters properly relating thereto.

 

[Approved March 6, 1981]

 

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

 

      Section 1.  Section 20 of chapter 474, Statutes of Nevada 1977, as amended by chapter 668, Statutes of Nevada 1979, at page 1649, is hereby amended to read as follows:

 

       Sec. 20.  The authority may enter into short-term financing in compliance with NRS 354.430 to 354.460, inclusive, and 354.618 [.] , except that the securities may bear interest at a rate which does not exceed 12 percent per annum.

 

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

 

________

 

 

CHAPTER 33, SB 98

Senate Bill No. 98–Committee on Human Resources and Facilities

CHAPTER 33

AN ACT relating to drugs; permitting student nurses to administer controlled substances and dangerous drugs in certain circumstances; and providing other matters properly relating thereto.

 

[Approved March 6, 1981]

 

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

 

      Section 1.  NRS 453.375 is hereby amended to read as follows:

      453.375  A controlled substance may be administered by:

      1.  A practitioner.

      2.  A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, or pursuant to a chart order of individual doses:

      (a) From an original container which has been furnished as floor or ward stock;

      (b) From a container dispensed by a registered pharmacist pursuant to a prescription; or

      (c) Furnished by a practitioner.

      3.  A physician’s assistant at the direction of a physician.

      4.  An advanced emergency medical technician-ambulance, at the direction of a physician or registered nurse as provided in NRS 450B.197.

      5.  A respiratory therapist, at the direction of a physician.

      6.  A medical student or student nurse in the course of his studies at an approved college of medicine [,] or school of professional or practical nursing, at the direction of [and in the presence of a licensed] a physician [.]


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ê1981 Statutes of Nevada, Page 60 (Chapter 33, SB 98)ê

 

an approved college of medicine [,] or school of professional or practical nursing, at the direction of [and in the presence of a licensed] a physician [.] and:

      (a) In the presence of a physician or a registered nurse; or

      (b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician or nurse.

A medical student or student nurse may administer a controlled substance in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

      7.  An intern in the course of his internship.

      8.  A registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to administer controlled substances.

      9.  Any other person or class of persons approved by the board pursuant to regulation.

      Sec. 2.  NRS 454.213 is hereby amended to read as follows:

      454.213  A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be administered by:

      1.  A practitioner.

      2.  A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, or pursuant to a chart order of individual doses:

      (a) From an original container which has been furnished as floor or ward stock;

      (b) From a container dispensed by a registered pharmacist pursuant to a prescription; or

      (c) Furnished by a practitioner.

      3.  A physician’s assistant at the direction of a physician.

      4.  An advanced emergency medical technician-ambulance, at the direction of a physician or registered nurse as provided in NRS 450B.197.

      5.  A respiratory therapist, at the direction of a physician.

      6.  A medical student or student nurse in the course of his studies at an approved college of medicine [,] or school of professional or practical nursing, at the direction of [and in the presence of a licensed] a physician [.] and:

      (a) In the presence of a physician or a registered nurse; or

      (b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.

A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

      7.  An intern in the course of internship.

      8.  A registered nurse who holds a certificate from the state board of nursing and a certificate from the state board of pharmacy permitting him to administer dangerous drugs.


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ê1981 Statutes of Nevada, Page 61 (Chapter 33, SB 98)ê

 

      9.  Any other person or class of persons approved by the board pursuant to regulation.

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

 

________

 

 

CHAPTER 34, SB 63

Senate Bill No. 63–Senator Getto

CHAPTER 34

AN ACT relating to savings and loan associations; raising the upper limit on the number of directors; and providing other matters properly relating thereto.

 

[Approved March 10, 1981]

 

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

 

      Section 1.  NRS 673.207 is hereby amended to read as follows:

      673.207  1.  The business and affairs of every association [shall] must be managed and controlled by a board of not less than five nor more than [15] 25 directors, of which not more than a minority, but not more than three, may be full-time officers of the association. The persons designated in the articles of incorporation [shall be] are the first directors.

      2.  Vacancies in the board of directors [shall] must be filled by vote of the stockholders at the annual meetings or at a special meeting called for that purpose. The board of directors may fill vacancies occurring on the board, such appointees to serve until the next annual meeting of the stockholders.

      3.  The board of directors of any association may amend the bylaws of the association.

 

________

 

 

CHAPTER 35, SB 103

Senate Bill No. 103–Committee on Judiciary

CHAPTER 35

AN ACT relating to corporations; removing the requirement of acknowledgment of the annual statement of a professional corporation before a notary public; revising the contents of the certificate issued to a corporation upon payment of the annual fee; and providing other matters properly relating thereto.

 

[Approved March 10, 1981]

 

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

 

      Section 1.  NRS 89.090 is hereby amended to read as follows:

      89.090  1.  [Beginning on January 1, 1981, each] Each professional corporation shall, on or before the last day of the month in which the anniversary date of its incorporation occurs in each year, furnish a statement to the secretary of state showing the names and residence addresses of all stockholders, directors, officers and employees in such corporation and shall certify that all stockholders, directors, officers and employees are licensed or otherwise legally authorized to render professional service in this state.


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ê1981 Statutes of Nevada, Page 62 (Chapter 35, SB 103)ê

 

of all stockholders, directors, officers and employees in such corporation and shall certify that all stockholders, directors, officers and employees are licensed or otherwise legally authorized to render professional service in this state. The statement must be made on a form prescribed by the secretary of state, but must not contain any fiscal or other information except that expressly called for by this section. The statement must be signed by the president or vice president of the corporation. [and acknowledged before a notary public by the person signing the statement.] The statement is in lieu of the regular annual report of corporations otherwise required by chapter 78 of NRS.

      2.  Upon filing the statement, the professional corporation shall pay to the secretary of state a fee of $20.

      Sec. 2.  NRS 78.155 is hereby amended to read as follows:

      78.155  When the annual fee for filing the list of officers and directors and designation of resident agent has been paid, the secretary of state shall issue to each corporation paying the [same] fee a certificate authorizing it to transact and conduct its business within this state [for period of 1 year, and until July 1 of] until the anniversary date of the corporation’s incorporation in the next succeeding calendar year. [Such] The certificate [shall] must contain the name of the corporation, the amount of the fee paid and penalties, if any, and [shall] must recite the fact that [such] the corporation has filed its list of officers and directors and its designation of resident agent.

 

________

 

 

CHAPTER 36, AB 83

Assembly Bill No. 83–Committee on Transportation

CHAPTER 36

AN ACT relating to statutory liens; raising the threshold amount over which certain statutory liens become second in priority to secured transactions; and providing other matters properly relating thereto.

 

[Approved March 10, 1981]

 

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

 

      Section 1.  NRS 108.290 is hereby amended to read as follows:

      108.290  1.  Except as provided in subsection 2, any lien [or liens] in excess of [$300] $750 is acquired as provided in NRS 108.270 to 108.360, inclusive, [shall be] is a secondary lien [or liens] when the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer in question is the subject of a secured transaction.

      2.  The lien of a trailer park keeper [shall] may not exceed $200 or the total amount due and unpaid for 4 months for rentals and utilities, whichever is the lesser.

 

________

 

 


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ê1981 Statutes of Nevada, Page 63ê

 

CHAPTER 37, AB 77

Assembly Bill No. 77–Assemblymen Dini and Marvel

CHAPTER 37

AN ACT relating to county business licenses; authorizing counties to establish license departments; and providing other matters properly relating thereto.

 

[Approved March 11, 1981]

 

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

 

      Section 1.  NRS 364.010 is hereby amended to read as follows:

      364.010  1.  The sheriff of each county [having a population of less than 250,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] is the ex officio collector of county licenses provided for in chapter 244 of NRS and by other laws [.

      2.  In counties having a population of 250,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] , unless the board of county commissioners [shall] by ordinance:

      (a) [Establish] Establishes a county license department;

      (b) [Adopt] Adopts procedures for the investigation of applicants for county licenses and for the administration, collection and disposition of county license fees; and

      (c) [Provide] Provides regulations for the operation of the county license department.

      [3.]2.  The provisions of NRS 364.020 to 364.070, inclusive, do not apply to counties which have a county license department.

 

________

 

 

CHAPTER 38, AB 143

Assembly Bill No. 143–Committee on Government Affairs

CHAPTER 38

AN ACT relating to public officers; removing statutory provisions which duplicate the provisions of chapter 232A of NRS concerning membership on state boards, commissions and similar bodies; removing obsolete statutory language concerning the initial terms of the members of those bodies; and providing other matters properly relating thereto.

 

[Approved March 16, 1981]

 

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

 

      Section 1.  NRS 233C.040 is hereby amended to read as follows:

      233C.040  1.  The governor shall appoint the members of the council from among citizens of Nevada who are known for their knowledge of and experience in the performing and fine arts.

      2.  After the initial terms, members shall serve terms of 4 years, except when appointed to fill unexpired terms.


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ê1981 Statutes of Nevada, Page 64 (Chapter 38, AB 143)ê

 

      3.  A member may be removed by the governor for three unexcused absences from council meetings.

      [4.  If a vacancy occurs on the council, the governor shall fill the vacancy by the appointment of an eligible person to serve for the remainder of the unexpired term.]

      Sec. 2.  NRS 281.441 is hereby amended to read as follows:

      281.441  1.  An executive ethics commission, consisting of six members, is hereby created. The governor shall appoint to the commission:

      (a) One officer or employee of the state.

      (b) One officer or employee of a county or incorporated city.

      (c) Four residents of the state who are not public officers or employees.

      2.  After the initial terms, the members shall serve terms of 4 years.

[Any vacancy in the membership of the commission shall be filled for the unexpired term. A vacancy occurs when a member ceases to possess the qualification required for his appointment.]

      3.  Not more than three members of the commission may be members of the same political party or residents of the same county.

      Sec. 3.  NRS 288.080 is hereby amended to read as follows:

      288.080  1.  The local government employee-management relations board is hereby created, consisting of three members, broadly representative of the public and not closely allied with any employee organization or local government employer, not more than two of whom [shall] may be members of the same political party. [Except as provided in subsection 2, the] The term of office of each member [shall be] is 4 years.

      2.  The governor may appoint the members of the board from a list submitted by the employee-management relations advisory committee.

[Of the three members appointed after June 30, 1977, the governor shall designate one whose term expires on June 30, 1979.

      3.  If a vacancy occurs on the board other than through the expiration of a term of office, the governor shall fill such vacancy by appointment for the unexpired term.]

      Sec. 4.  NRS 360.030 is hereby amended to read as follows:

      360.030  1.  Not more than four of the seven commissioners may be appointed from any one county in this state, and not more than four members of the Nevada tax commission may be of the same political party.

      2.  [The first appointments to the commission after October 30, 1977, shall be for terms as follows:

      (a) Two commissioners whose terms expire October 30, 1981.

      (b) Two commissioners whose terms expire October 30, 1980.

      (c) Two commissioners whose terms expire October 30, 1979.

      (d) One commissioner who term expires October 30, 1978.

Thereafter, all commissioners shall be appointed for] After the initial terms, members serve terms of 4 years, except when appointed to fill unexpired terms.

      3.  [Appointments to fill vacancies on the commission shall be for the unexpired term of the commissioner to be replaced, and shall be made by the governor.


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ê1981 Statutes of Nevada, Page 65 (Chapter 38, AB 143)ê

 

      4.] Any commissioner may be removed by the governor if, in his opinion, [such] that commissioner is guilty of malfeasance in office or neglect of duty.

      Sec. 5.  NRS 361.375 is hereby amended to read as follows:

      361.375  1.  The state board of equalization, consisting of five members appointed by the governor, is hereby created. The governor shall designate one of the members to serve as chairman of the board.

      2.  The governor shall appoint:

      (a) One member who is a certified public accountant or a registered public accountant.

      (b) One member who is a property appraiser with a professional designation.

      (c) One member who is versed in the valuation of centrally assessed properties.

      (d) Two members who are versed in business generally.

      3.  Only three of the members may be of the same political party and no more than two may be from the same county.

      4.  An elected public officer or his deputy, employee or any person appointed by him to serve in another position shall not be appointed to serve as a member of the state board of equalization.

      5.  [The first appointments to the board after October 31, 1977, shall be for terms as follows:

      (a) Two members whose terms expire October 30, 1981.

      (b) One member whose term expires October 30, 1980.

      (c) One member whose term expires October 30, 1979.

      (d) One member whose term expires October 30, 1978.

Thereafter, all members shall be appointed for] After the initial terms, members serve terms of 4 years, except when appointed to fill unexpired terms. [Appointments to fill vacancies on the board shall be for the unexpired term of the board member to be replaced, and shall be made by the governor.] No member may serve more than two full terms consecutively.

      6.  Any member of the board may be removed by the governor if, in his opinion, [such] that member is guilty of malfeasance in office or neglect of duty.

      7.  Each board member is entitled to receive as compensation $40 for each day actually employed on the work of the board. The board members are entitled to receive the per diem allowance and travel expenses [as] provided [by law.] for state officers and employees.

      8.  A majority of the members of the board constitutes a quorum, and a majority of the board shall determine the action of the board. The board may adopt regulations governing the conduct of its business.

      9.  The staff [requirements] of the state board of equalization [shall] must be provide by the department and the executive director is the secretary of the board.

      Sec. 6.  NRS 397.030 is hereby amended to read as follows:

      397.030  1.  In furtherance of the provisions contained in the compact, there [shall] must be three commissioners from the State of Nevada, appointed by the governor.

      2.  The qualifications and terms of the commissioners [shall] must be in accordance with Article 4 of the compact. A commissioner shall hold office until his successor is appointed and qualified but [such] the successor’s term [shall expire] expires 4 years from the legal date of expiration of the term of his predecessor.


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ê1981 Statutes of Nevada, Page 66 (Chapter 38, AB 143)ê

 

hold office until his successor is appointed and qualified but [such] the successor’s term [shall expire] expires 4 years from the legal date of expiration of the term of his predecessor.

      3.  Any commissioner may be removed from office by the governor upon charges and after a hearing.

      4.  The term of any commissioner who ceases to hold the required qualifications [shall terminate] terminates when a successor [may be duly] is appointed.

      5.  [Vacancies occurring in the office of a commissioner from any reason or cause shall be filled for the unexpired term in the same manner as for a full-term appointment.

      6.]  Each commissioner [shall] is entitled to receive the travel expenses and per diem allowances [as] provided by law incurred in the performance of his official duties in behalf of the commission.

      Sec. 7.  NRS 439A.040 is hereby amended to read as follows:

      439A.040  1.  After the initial terms, the term of office for each member of the council is 3 years. A member may not serve more than two consecutive terms.

      2.  [The governor may appoint a replacement to fill a vacancy for the remainder of a term.

      3.]  No person may be appointed to alternate membership on the council.

      [4.]3.  Members of the council are not entitled to compensation but are entitled to reimbursement for any actual and necessary expenses incurred in connection with their duties as members of the council, at the rate prescribed by law for state officers and employees.

      Sec. 8.  NRS 463.024 is hereby amended to read as follows:

      463.024  1.  The governor shall appoint members of the commission [shall be appointed by the governor.

      2.  The governor shall] and designate the member to serve as chairman of the commission.

      [3.  Appointments to the commission, except those to fill unexpired terms, shall be for terms as follows:

      (a) Three members for 4 years.

      (b) Two members for 2 years.

      (c) Thereafter, all members shall be appointed for terms of]

      2.  After the initial terms, the term of office for each member of the commission is 4 years.

      [4.  Appointments to fill vacancies on the commission shall be for the unexpired term of the member to be replaced, and shall be made by the governor.

      5.]3.  Any commissioner may be removed by the governor:

      (a) If, in his opinion, [such] that commissioner is guilty of malfeasance in office or neglect of duty.

      (b) At any time without stated cause with the concurrence of a majority of the legislative commission.

      Sec. 9.  NRS 463.050 is hereby amended to read as follows:

      463.050  1.  [Appointments to the board, except those to fill unexpired terms, shall be for terms as follows:

      (a) Two members for 4 years.

      (b) One member for 2 years.


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ê1981 Statutes of Nevada, Page 67 (Chapter 38, AB 143)ê

 

      (c) Thereafter, all members shall be appointed for terms of] After the initial terms, the term of office of each member of the board is 4 years.

[The term of each member shall expire on January 1 of the year next succeeding the completion of the fourth year of the term.

      2.  Appointments to the board shall be made by the governor.

      3.  Appointments to fill vacancies on the board shall be for the unexpired term of the member to be replaced, and shall be made by the governor.

      4.]2.  The governor shall appoint the members of the board and designate [the] one member to serve as chairman and executive director, who shall coordinate the activities of the board.

      [5.]3.  The governor [shall have the power to] may remove any member for misfeasance, malfeasance or nonfeasance in office. [Such removal] Removal may be made after:

      (a) [Such] The member has been served with a copy of the charges against him; and

      (b) A public hearing before the governor is held upon [such] the charges, if requested by the member charged.

The request for a public hearing must be made within 10 days after service upon such member of the charges. If a hearing is not requested, a member is removed effective 10 days after service of charges upon him. A record of the proceedings at the public hearing [shall] must be filed with the secretary of state.

      Sec. 10.  NRS 534.035 is hereby amended to read as follows:

      534.035  1.  In each area designated as a ground water basin by the state engineer pursuant to the provisions of NRS 534.030, which area is located entirely within one county, a ground water board may be established as provided in this section. The state engineer shall determine whether or not a ground water board shall be established and may direct such establishment by order.

      2.  If a ground water board is established, the governing bodies of all the incorporated cities within the designated area, the board of county commissioners of the county in which the area is located, and the governing body of any water district in which the area is included, or partly included, shall each submit a list of names of residents of the area to the governor, who shall appoint seven members of the board. At least one member [shall] must be appointed from each list.

      3.  [For any board whose members are appointed after June 30, 1977, two members shall be appointed for terms of 2 years, two members for terms of 3 years, and three members for terms of 4 years. Thereafter all members shall be recommended in the same manner and appointed for terms of 4 years. Vacancies on the board shall be filled by appointment by the governor for the unexpired terms from the lists submitted.] After the initial terms, the term of office of each member of the board is 4 years. The board shall elect one member as chairman and one member as secretary to serve as such at the pleasure of the board.

      4.  The board shall maintain its headquarters at the county seat of the county in which the designated area is located, and shall hold meetings at such times and places as it may determine. Special meetings may be called at any time by the secretary at the request of any four members, or by the chairman, upon notice specifying the matters to be acted upon at [such] the meeting.


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ê1981 Statutes of Nevada, Page 68 (Chapter 38, AB 143)ê

 

be called at any time by the secretary at the request of any four members, or by the chairman, upon notice specifying the matters to be acted upon at [such] the meeting. No matters other than those specified in the notice may be acted upon at [such] that meeting unless all members are present and consent thereto. [All meetings of the board shall be open to the public.]

      5.  A majority of the board constitutes a quorum, and the board shall act only by a majority of those present.

      6.  For each day’s attendance at each meeting of the ground water board, or for each day when services are actually performed for the ground water board, the members are entitled to receive per diem and travel allowances provided by law. Claims for [for expenses shall] those expenses must be paid as provided in subsection 6 of NRS 534.040.

      7.  The state engineer shall not approve any application or issue any permit to drill a well, appropriate ground water, or change the place or manner of use or the point of diversion of water within the designated area until he has conferred with the board and obtained its written advice and recommendations with respect thereto.

      8.  It is the intention of the legislature that the state engineer and the board be in agreement whenever possible, but, for the purpose of fixing responsibility to the governor, if there is any disagreement between the state engineer and the board, the views of the state engineer shall prevail. A written report of any such disagreement [shall] must be made immediately to the governor by the state engineer and the board.

      9.  Any ground water board may request from the state engineer or any other state, county, city or district agency such technical information, data and advice as it may require to perform its functions, and the state engineer and such other agencies shall, within the resources available to them, furnish such assistance as may be requested.

      10.  The state engineer may dissolve the ground water board by order if he determines that the future activities of the board are likely to be insubstantial.

      Sec. 11.  NRS 538.550 is hereby amended to read as follows:

      538.550  [1.]  Within 30 days after the compact becomes effective, the governor shall, in compliance with Article III of the compact, appoint one commissioner for the state at large to represent the State of Nevada on the Columbia Compact Commission established under Article III of the compact.

      [2.  Such commissioner shall serve at the pleasure of the governor, and the governor shall fill any vacancy in such office.]

      Sec. 12.  NRS 563.050 is hereby amended to read as follows:

      563.050  [1.]  When any member of the board ceases to be a member of the particular department from which he was appointed his office [shall terminate] terminates automatically.

      [2.  Vacancies occurring from any cause on the board shall be filled by appointment of the governor for the unexpired term of the office vacated in the same manner that the original appointments were made.]

      Sec. 13.  NRS 584.425 is hereby amended to read as follows:

      584.425  1.  [Members of the commission shall be appointed by the governor and shall] The governor shall appoint the members of the commission, who must have the following qualifications:

 


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ê1981 Statutes of Nevada, Page 69 (Chapter 38, AB 143)ê

 

governor and shall] The governor shall appoint the members of the commission, who must have the following qualifications:

      (a) One member [shall] must be a public accountant or certified public accountant who has been issued a permit or a certificate pursuant to the laws of this state;

      (b) One member [shall] must be an agricultural economist; and

      (c) One member [shall] must be experienced in banking or finance.

      2.  [After the initial terms, members shall serve for terms of 3 years. A vacancy shall be filled for the unexpired term in the same manner as the original appointment.

      3.]  The governor shall designate one of the members as chairman.

      [4.]3.  A member of the commission shall not have any connection with any segment of the dairy industry.

      [5.]4.  The governor may remove a member of the commission for malfeasance in office or neglect of duty.

      Sec. 14.  NRS 618.565 is hereby amended to read as follows:

      618.565  1.  The occupational safety and health review board, consisting of five members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) Two members who are representatives of management.

      (b) Two members who are representatives of labor.

      (c) One member who is a representative of the general public.

      3.  [After July 1, 1977, the governor shall appoint members of the board to staggered terms of 1, 2, 3 and 4 years expiring on June 30 of each term.] After the initial terms, members shall serve terms of 4 years. No member may serve more than two terms.

      4.  [Any vacancy occurring in the membership of such board shall be filled for the unexpired term in the same manner as original appointments are made.

      5.]  No person employed by the commission or the department may serve as a member of the board.

      Sec. 15.  NRS 630.070 is hereby amended to read as follows:

      630.070  1.  [Upon the expiration of the terms of those members serving on the board on July 1, 1973, the governor shall appoint two members for 2-year terms, one member for a 3-year term and two members for 4-year terms. On July 1, 1977, the governor shall appoint two additional members, one for a 1-year term, the other for a 3-year term. Thereafter, each member shall be appointed for a term of] After the initial terms, the term of office of each member of the board is 4 years.

      [2.  Upon expiration of his term of office, a member shall continue to serve until his successor is appointed and qualifies.] No term of office [shall] may extend more than 4 years beyond the expiration of the preceding term of office.

      [3.]2.  If a [vacancy occurs in the board, a member is absent from the state for a period of 6 months without permission from the board, a] member fails to attend meetings of the board or a member fails to attend to the business of the board, as determined necessary in the discretion of the board, the board shall so notify the governor, and the governor shall appoint a person [duly] qualified under this chapter to replace the member for the remainder of the unexpired term.


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ê1981 Statutes of Nevada, Page 70 (Chapter 38, AB 143)ê

 

      Sec. 16.  NRS 633.201 is hereby amended to read as follows:

      633.201  1.  [The first appointments to the board shall be for terms beginning July 1, 1977, as follows:

      (a) Two members for 4 years.

      (b) One member for 3 years.

      (c) One member for 2 years.

      (d) One member for 1 year.

Thereafter, all members shall be appointed for] After the initial terms, members serve terms of 4 years, except when appointed to fill unexpired terms.

      2.  [Upon expiration of his term of office, a member shall continue to serve until his successor is appointed and qualifies.

      3.]  If a [vacancy occurs on the board, a member is absent from the state for a period of 6 months or more without the board’s permission, or a] member fails to attend meetings of the board or to the business of the board, as determined necessary in its discretion, the board shall notify the governor, and the governor shall appoint a person qualified under this chapter to replace the member for the remainder of the unexpired term.

      Sec. 17.  NRS 634A.030 is hereby amended to read as follows:

      634A.030  1.  The state board of Oriental medicine, consisting of five members appointed by the governor, is hereby created.

      2.  [The governor shall appoint the members as soon as feasible after April 19, 1973. Their terms shall be as follows:

      (a) Two members shall hold office for 1 year;

      (b) Two members shall hold office for 2 years;

      (c) One member shall hold office for 3 years; and

      (d) Thereafter, all terms shall be for 3 years.

      3.  The governor shall appoint persons to fill vacancies for the remainder of an unexpired term.

      4.]  Each member of the board shall, before entering upon the duties of his office, take the oath of office prescribed by the constitution before someone qualified to administer oaths.

      Sec. 18.  NRS 643.020 is hereby amended to read as follows:

      643.020  1.  The state barbers’ health and sanitation board, consisting of four members, is hereby created.

      2.  The board [shall consist] consists of the state health officer, or a member of his staff designated by the state health officer, and three barber members appointed by the governor. Of the barber members, one [shall] must be from Clark County, one from Washoe County and one from any of the other counties in the state. The barber members [shall] must be registered journeyman barbers, at least one of whom [shall] must be an employer of two or more full-time barbers. Each of the barber members [shall] must have been a resident of [the State of Nevada] this state and a practicing registered journeyman barber for a period of at least 5 years immediately [prior to] before his appointment.

      3.  [Appointments shall be for terms of 3 years, except for the first board, of which one barber member shall be appointed for a term of 1 year, one barber member shall be appointed for a term of 2 years and one barber member shall be appointed for a term of 3 years.


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ê1981 Statutes of Nevada, Page 71 (Chapter 38, AB 143)ê

 

      4.  Vacancies shall be filled by appointment for the unexpired terms.

      5.]  The governor may remove a member of the board for cause.

      Sec. 19.  NRS 644.050 is hereby amended to read as follows:

      644.050  1.  [Except as provided in subsection 2, members of the board shall be appointed for a term of 4 years and shall serve at the pleasure of the governor.

      2.  The terms of the two members appointed to increase the board to five members shall expire on June 30, 1966, and June 30, 1969, respectively.

      3.] After the initial terms, members of the board serve terms of 4 years, except when appointed to fill unexpired terms.

      2.  Before entering upon the discharge of his duties, each member shall make and file with the secretary of state the constitutional oath of office.

      [4.  Vacancies occurring shall be filled by appointment by the governor for the unexpired term only.]

      Sec. 20.  NRS 678.290 is hereby amended to read as follows:

      678.290  1.  The credit union advisory council, consisting of five members appointed by the governor, is hereby created to consult with, advise and make recommendations to the commissioner in all matters pertaining to credit unions.

      2.  The governor shall appoint members who have tested credit union experience from a list of recommended names submitted by the Nevada Credit Union League.

      3.  After [June 30, 1977, the governor shall appoint members to the following terms:

      (a) One member whose term expires June 30, 1978.

      (b) One member whose term expires June 30, 1979.

      (c) One member whose term expires June 30, 1980.

      (d) Two members whose terms expire June 30, 1981.

Thereafter, all members shall serve for terms of 4 years or until their successors have been appointed and qualified.

      4.  If a vacancy occurs, the appointment to fill such vacancy shall be made in the manner of the original appointment but only for the unexpired term.

      5.] the initial terms, members serve terms of 4 years, except when appointed to fill unexpired terms.

      4.  The chairman of the advisory council shall be elected annually by and from the members thereof.

      [6.  The first meeting]

      5.  The meetings of the advisory council [shall be called by the commissioner and thereafter regular meetings shall] must be held at such times and places as [shall be determined by] the chairman or commissioner [,] determines, but at least once every 6 months.

      [7.]6.  Council members are entitled to receive a salary of $40 for each day’s attendance at a meeting of the council and the per diem allowances and travel expenses provided [by law.] for state officers and employees.

      Sec. 21.  NRS 286.140, 439.050, 538.310 and 538.440 are hereby repealed.

      Sec. 22.  1.  Upon the expiration of the terms of those members serving on the local government employee-management relations board on June 30, 1981, the governor shall appoint to the board for terms commencing on:

 


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ê1981 Statutes of Nevada, Page 72 (Chapter 38, AB 143)ê

 

serving on the local government employee-management relations board on June 30, 1981, the governor shall appoint to the board for terms commencing on:

      (a) July 1, 1981, two members.

      (b) July 1, 1983, one member.

      2.  Upon the expiration of the terms of those members serving on the Nevada tax commission on October 30, 1981, the governor shall appoint to the commission for terms commencing on:

      (a) October 31, 1981, two members.

      (b) October 31, 1982, one member.

      (c) October 31, 1983, two members.

      (d) October 31, 1984, two members.

      3.  Upon the expiration of the terms of those members serving on the state board of equalization on October 30, 1981, the governor shall appoint to the board for terms commencing on:

      (a) October 31, 1981, two members.

      (b) October 31, 1982, one member.

      (c) October 31, 1983, one member.

      (d) October 31, 1984, one member.

      4.  Upon the expiration of the terms of those members serving on the Nevada gaming commission on April 27, 1981, the governor shall appoint to the commission for terms commencing on:

      (a) April 28, 1981, two members.

      (b) April 28, 1983, three members.

      5.  Upon the expiration of the terms of those members serving on the Nevada gaming control board on December 31, 1982, the governor shall appoint to the board for terms commencing on:

      (a) January 1, 1983, two members.

      (b) January 1, 1985, one member.

      6.  Upon the expiration of the terms of those members serving on the ground water boards on June 30, 1981, the governor shall appoint to the boards for terms commencing on:

      (a) July 1, 1981, three members.

      (b) July 1, 1983, two members.

      (c) July 1, 1984, two members.

      7.  Upon the expiration of the terms of those members serving on the occupational safety and health review board on June 30, 1981, the governor shall appoint to the board for terms commencing on:

      (a) July 1, 1981, two members.

      (b) July 1, 1982, one member.

      (c) July 1, 1983, one member.

      (d) July 1, 1984, one member.

      8.  Upon the expiration of the terms of those members serving on the board of medical examiners of the State of Nevada on August 30, 1981, the governor shall appoint to the board for terms commencing on:

      (a) August 31, 1981, two members.

      (b) July 1, 1982, one member.

      (c) August 8, 1983, two members.

      (d) July 1 and August 8, 1984, two members, respectively.

      9.  Upon the expiration of the terms of those members serving on the state board of osteopathic medicine on June 30, 1981, the governor shall appoint to the board for terms commencing on:

 


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ê1981 Statutes of Nevada, Page 73 (Chapter 38, AB 143)ê

 

state board of osteopathic medicine on June 30, 1981, the governor shall appoint to the board for terms commencing on:

      (a) July 1, 1981, two members.

      (b) July 1, 1982, one member.

      (c) July 1, 1983, one member.

      (d) July 1, 1984, one member.

      10.  Upon the expiration of the terms of those members serving on the state board of Oriental medicine on October 30, 1981, the governor shall appoint to the board for terms commencing on:

      (a) October 31, 1981, two members.

      (b) October 31, 1982, two members.

      (c) October 31, 1983, one member.

      11.  Upon the expiration of the terms of those members serving on the state barbers’ health and sanitation board on December 12, 1981, the governor shall appoint to the board for terms commencing on:

      (a) December 13, 1981, one member.

      (b) December 13, 1982, one member.

      (c) December 13, 1983, one member.

      12.  Upon the expiration of the terms of those members serving on the state board of cosmetology on June 30, 1981, the governor shall appoint to the board for terms commencing on:

      (a) July 1, 1981, one member.

      (b) July 1, 1982, one member.

      (c) May 1, 1983, two members.

      (d) May 24, 1985, one member.

      13.  Upon the expiration of the terms of those members serving on the credit union advisory council on June 30, 1981, the governor shall appoint to the council for terms commencing on:

      (a) July 1, 1981, two members.

      (b) July 1, 1982, one member.

      (c) July 1, 1983, one member.

      (d) July 1, 1984, one member.

      Sec. 23.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 39, SB 16

Senate Bill No. 16–Senators Glaser and Keith Ashworth

CHAPTER 39

AN ACT relating to property tax; allowing a credit for tax paid in another state on a mobile home or a slide-in camper; and providing other matters properly relating thereto.

 

[Approved March 16, 1981]

 

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

 

      Section 1.  NRS 361.5641 is hereby amended to read as follows:

      361.5641  Whenever any person [who] :

      1.  Who has purchased a mobile home or slide-in camper on which he is required to pay a personal property tax under the provisions of NRS 361.562 or 361.563, establishes to the satisfaction of the county assessor that he has paid the personal property tax for the current fiscal year on another mobile home or slide-in camper which he has sold or exchanged, the county assessor shall allow as a credit [against the personal property tax required to be paid an amount equal to one-twelfth of the personal property] 1/12 of the tax previously paid multiplied by the number of full months remaining in the current fiscal year after the sale or exchange of the mobile home or slide-in camper on which [such] the tax was paid.


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ê1981 Statutes of Nevada, Page 74 (Chapter 39, SB 16)ê

 

is required to pay a personal property tax under the provisions of NRS 361.562 or 361.563, establishes to the satisfaction of the county assessor that he has paid the personal property tax for the current fiscal year on another mobile home or slide-in camper which he has sold or exchanged, the county assessor shall allow as a credit [against the personal property tax required to be paid an amount equal to one-twelfth of the personal property] 1/12 of the tax previously paid multiplied by the number of full months remaining in the current fiscal year after the sale or exchange of the mobile home or slide-in camper on which [such] the tax was paid.

      2.  Has paid a personal property tax on a mobile home or slide-in camper to the state of his prior residence, the county assessor shall allow a 1/12 reduction in the tax for the current fiscal year for each calendar month that the person has paid such a tax in the other state.

 

________

 

 

CHAPTER 40, SB 55

Senate Bill No. 55–Senators Wagner, Faiss, Getto and Echols

CHAPTER 40

AN ACT relating to presentence investigation; revising the requirements for the preliminary evaluation of convicted felons; and providing other matters properly relating thereto.

 

[Approved March 16, 1981]

 

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

 

      Section 1.  NRS 176.158 is hereby amended to read as follows:

      176.158  1.  If a defendant has:

      (a) Been convicted of a felony for which he may be sentenced to imprisonment; and

      (b) Never been [held in any detention facility for more than 30 consecutive days,] sentenced to imprisonment as an adult for more than 6 months,

the court may, before sentencing the defendant, commit him to the custody of the director of the department of prisons for not more than 120 days. The period of commitment may be extended once for another period of 60 days at the request of the department of prisons. During the time for which a defendant is committed to the custody of the director, the director may assign the defendant to appropriate programs of rehabilitation to facilitate the evaluation of the defendant required under subsection 2.

      2.  The department of prisons shall conduct a complete evaluation of the defendant during the time of commitment under this section, and shall inquire into such matters as his previous delinquency or criminal record, social background and capabilities, his mental, emotional and physical health, and the resources and programs available to suit his needs for rehabilitation.

      3.  The department of prisons shall return the defendant to the court not later than the end of the period for which he was committed under this section and provide the court with a report of the results of its evaluation, including any recommendations which it believes will be helpful to the court in determining the proper sentence.


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ê1981 Statutes of Nevada, Page 75 (Chapter 40, SB 55)ê

 

this section and provide the court with a report of the results of its evaluation, including any recommendations which it believes will be helpful to the court in determining the proper sentence.

      4.  Upon receiving the report and recommendations, the court shall sentence the defendant to:

      (a) An appropriate term of imprisonment the duration of which must be computed from the date of commitment under subsection 1; or

      (b) Probation, a condition of which must be that the defendant serve a number of days in the state prison equal to or greater than the number of days spent in confinement under subsection 1, including the day of commitment.

 

________

 

 

CHAPTER 41, SB 182

Senate Bill No. 182–Committee on Judiciary

CHAPTER 41

AN ACT relating to parole; providing that one member of the board may sit as a referee; and providing other matters properly relating thereto.

 

[Approved March 16, 1981]

 

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

 

      Section 1.  NRS 213.133 is hereby amended to read as follows:

      213.133  1.  In considering applications for parole, the board may delegate its authority to hear, consider and act upon [such] the applications to:

      (a) [A] One member of the board or a case hearing representative designated pursuant to the provisions of NRS 213.135, sitting as a referee; or

      (b) A panel consisting of:

             (1) Two or more members of [such] the board, two of whom [shall] constitute a quorum;

             (2) A member of [such] the board and a case hearing representative; or

             (3) Two case hearing representatives.

      2.  No action taken by any panel created pursuant to paragraph (b) of subsection 1 [shall be] is valid unless concurred in by a majority vote of those sitting on [such] the panel.

      3.  As a condition of delegating its authority to [such] a referee or panel, the board shall require that the decision of [such] the referee or panel be subject to final approval by the affirmative action of a majority of the members appointed to the board. Such action may be taken at a meeting of the board, or without a meeting by the delivery of written approval to the secretary of the board.

      4.  The degree of complexity of issues presented [shall] must be taken into account [, in any event,] before the board makes any delegation of its authority and before it determines the extent of [such] a delegation.


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ê1981 Statutes of Nevada, Page 76 (Chapter 41, SB 182)ê

 

      5.  [Basic types of delegable cases shall be determined upon and denominated as such in the rules and regulations established pursuant to the provisions of subsection 1 of NRS 213.110.] The board shall adopt regulations which establish the basic types of delegable cases.

 

________

 

 

CHAPTER 42, AB 102

Assembly Bill No. 102–Committee on Government Affairs

CHAPTER 42

AN ACT relating to the department of human resources; establishing a single fund for gifts; and providing other matters properly relating thereto.

 

[Approved March 16, 1981]

 

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

 

      Section 1.  Chapter 232 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Except for gifts or grants specifically accounted for in another fund, all gifts or grants of money or other property which the divisions of the department of human resources are authorized to accept must be accounted for in the department of human resources’ gift fund, hereby created as a trust fund. The fund is a continuing fund without reversion. The department may establish such accounts in the fund as are necessary to account properly for gifts received. All money received by the divisions must be deposited in the state treasury for credit to the fund. The money in the fund must be paid out on claims as other claims against the state are paid. Unless otherwise specifically provided by statute, claims against the fund must be approved by the director or his delegate.

      2.  Gifts of property other than money may be sold or exchanged when this is deemed by the head of the facility or agency responsible for the gift to be in the best interest of the facility or agency. The sale price must not be less than 90 percent of the value determined by a qualified appraiser appointed by the head of the facility or agency. All money received from the sale must be deposited in the state treasury to the credit of the appropriate gift account in the department of human resources gift fund. The money may be spent only for the purposes of the facility or agency named in the title of the account. The property may not be sold or exchanged if to do so would violate the terms of the gift.

      Sec. 2.  NRS 210.140 is hereby amended to read as follows:

      210.140  [Monetary gifts] Gifts of money which the school is authorized to accept must be deposited in the state treasury [in a fund to be known as the youth training center gift fund. The fund is a continuing fund without reversion, and the] for credit to the youth training center’s gift account in the department of human resources gift fund. The money in the [fund] account must be used for school purposes only and expended in accordance with the terms of the gift. [The money in the fund must be paid out on claims as other claims against the state are paid.]


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ê1981 Statutes of Nevada, Page 77 (Chapter 42, AB 102)ê

 

paid.] All claims must be approved by the superintendent before they are paid.

      Sec. 3.  NRS 210.550 is hereby amended to read as follows:

      210.550  [Monetary gifts] Gifts of money which the school is authorized to accept must be deposited in the state treasury [in a fund to be known as the girls training center gift fund. The fund is a continuing fund without reversion.] for credit to the girls training center’s gift account in the department of human resources’ gift fund. The money in the [fund] account must be used for school purposes only, and expended in accordance with the terms of the gift. All claims must be approved by the superintendent before they are paid.

      Sec. 4.  NRS 422.250 is hereby amended to read as follows:

      422.250  1.  Any gifts or grants of money which the welfare division is authorized to accept must be deposited in the state treasury [in a fund to be known as the state welfare] to the credit of the welfare division’s gift and cooperative [fund.] account in the department of human resources’ gift fund.

      2.  [The state welfare gift and cooperative fund is a continuing fund without reversion, and money] Money in the [fund] account must be used for welfare purposes only and expended in accordance with the terms of the gift or grant.

      3.  All claims must be approved by the administrator before they are paid.

      Sec. 5.  NRS 423.130 is hereby amended to read as follows:

      423.130  1.  All gifts of money which the northern Nevada children’s home is authorized to accept must be deposited in the state treasury to the credit of the northern Nevada children’s [home gift fund which is hereby created and which is a continuing fund without reversion.] home’s gift account in the department of human resources’ gift fund.

      2.  All gifts of money which the southern Nevada children’s home is authorized to accept must be deposited in the state treasury to the credit of the southern Nevada children’s [home gift fund which is hereby created and which is a continuing fund without reversion.] home’s gift account in the department of human resources’ gift fund.

      3.  Money in the gift [fund] accounts must be used for children’s home purposes only, and each gift must be expended in accordance with the terms of the gift.

      4.  Each claim must be approved by the superintendent of the home to which it pertains before it is paid.

      Sec. 6.  NRS 426.567 is hereby amended to read as follows:

      426.567  1.  All gifts of money which the bureau is authorized to accept must be deposited in the state treasury for credit to [a fund to be known as] the state grant and gift [fund for the blind.] account for the blind in the department of human resources’ gift fund.

      2.  The state grant and gift [fund for the blind is a continuing fund without reversion, and money in the fund] account must be used for the purposes specified by the donor or for the purpose of carrying out the provisions of this chapter and other programs or laws administered by the bureau.

      3.  All claims must be approved by the chief before they are paid.


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ê1981 Statutes of Nevada, Page 78 (Chapter 42, AB 102)ê

 

      Sec. 7.  NRS 427A.110 is hereby amended to read as follows:

      427A.110  1.  All gifts of money which the division is authorized to accept must be deposited in the state treasury for credit to [a permanent fund to be called the aging services gift fund.] the aging services division’s gift account in the department of human resources’ gift fund. The money may be invested and reinvested and must be used in accordance with the conditions of the gift.

      2.  All claims must be approved by the administrator before they are paid.

      Sec. 8.  NRS 432A.110 is hereby amended to read as follows:

      432A.110  1.  All gifts of money which the division is authorized to accept must be deposited in the state treasury for credit to [a permanent fund to be called the child care services gift fund.] the gift account for child care services in the department of human resources’ gift fund. The money may be invested and reinvested and must be used in accordance with the conditions of the gift.

      2.  All claims must be approved by the chief before they are paid.

      Sec. 9.  NRS 433A.100 is hereby amended to read as follows:

      433A.100  1.  A [mental health facility gift fund is hereby created for] gift account in the department of human resources’ gift fund is hereby created for each division facility, and all gifts of money which the division is authorized to accept for the respective facilities must be deposited in the state treasury to the credit of the appropriate [fund.] account. Amounts in the [fund] accounts must be used for division mental health facility purposes only and expended in accordance with the terms of the gift. [Amounts in the fund must be paid out on claims as other claims against the state are paid.] All claims must be approved by the administrative officer before they are paid.

      2.  Gifts of property, other than money, may be sold or exchanged when it is deemed by the administrative officer and the administrator to be in the best interest of the division mental health facility. The sale price must be not less than 90 percent of the value determined by a qualified appraiser appointed by the administrative officer. All money realized from the sale must be deposited in the state treasury to the credit of the appropriate [mental health facility gift fund] account and must be spent for division mental health facility purposes only. [The property may not be sold or exchanged if to do so would violate the terms of the gift.]

      Sec. 10.  NRS 435.270 is hereby amended to read as follows:

      435.270  1.  All gifts or grants of money which the division is authorized to accept must be spent in accordance with the provisions of the gift or grant. In the absence of [those] such provisions, the division must spend the money for the purpose approved by the interim finance committee.

      2.  All such money must be deposited in the state treasury in a separate [fund established for that purpose.] account in the department of human resources’ gift fund.

      3.  All claims must be approved by the administrator before they are paid.

      Sec. 11.  NRS 435.280 is hereby amended to read as follows:

      435.280  1.  Each qualifying center may accept gifts, bequests, grants or any other outside source of income directly for the purpose of carrying out its functions.


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ê1981 Statutes of Nevada, Page 79 (Chapter 42, AB 102)ê

 

or any other outside source of income directly for the purpose of carrying out its functions.

      2.  All such [funds] money received [shall] must be spent in accordance with the provisions of the gift, bequest or grant. In the absence of such provisions, the center may spend the [fund] money at its discretion.

      3.  All such [funds shall] money must be kept in a separate account [established for that purpose pending expenditure.] in the department of human resources’ gift fund.

      4.  All claims must be approved by the administrator before they are paid.

      Sec. 12.  NRS 435.380 is hereby amended to read as follows:

      435.380  1.  All gifts or grants of money which the division is authorized to accept must be spent in accordance with the provisions of the gift or grant. In the absence of those provisions, the division must spend the money for the purpose approved by the interim finance committee.

      2.  All such money must be deposited in the state treasury to the credit of the mental retardation gift [fund which is hereby created.] account in the department of human resources’ gift fund.

      3.  All claims must be approved by the administrator before they are paid.

      Sec. 13.  NRS 449.280 is hereby amended to read as follows:

      449.280  In carrying out the purposes of NRS 449.250 to 449.430, inclusive, the state department is authorized and directed:

      1.  To require such reports, make such inspections and investigations, and prescribe such regulations as it deems necessary.

      2.  To provide such methods of administration, appoint all necessary officers and other personnel and take such other action as may be necessary to comply with the requirements of NRS 449.250 to 449.430, inclusive, the Federal Act and the regulations thereunder.

      3.  To procure in its discretion the temporary or intermittent services of experts or consultants, [or organizations thereof,] by contract, when such services are to be performed on a part-time or fee-for-service basis and do not involve the performance of administrative duties.

      4.  To the extent that it considers desirable to effectuate the purposes of NRS 449.250 to 449.430, inclusive, to enter into agreements for the utilization of the facilities and services of other departments, agencies and institutions, public or private.

      5.  To accept on behalf of the state and to deposit with the state treasurer in appropriate accounts in the department of human resources’ gift fund any grant, gift or contribution made to assist in meeting the cost of carrying out the purposes of NRS 449.250 to 449.430, inclusive, and to expend the same for such purposes.

      6.  To do all other things on behalf of the state necessary or advisable to obtain the maximum benefits available under the Federal Act.

      7.  All claims must be approved by the health officer before they are paid.

      Sec. 14.  NRS 458.100 is hereby amended to read as follows:

      458.100  1.  All gifts or grants of money which the bureau is authorized to accept must be deposited in the state treasury for credit to a fund to be known as the state grant and gift [fund for alcohol and drug abuse.]


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ê1981 Statutes of Nevada, Page 80 (Chapter 42, AB 102)ê

 

to be known as the state grant and gift [fund for alcohol and drug abuse.] account for alcohol and drug abuse in the department of human resources’ gift fund.

      2.  [The state grant and gift fund for alcohol and drug abuse is a continuing fund without reversion, and money in the fund] Money in the account must be used for the purpose of carrying out the provisions of this chapter and other programs or laws administered by the bureau.

      3.  All claims must be approved by the chief before they are paid.

      Sec. 15.  NRS 615.260 is hereby amended to read as follows:

      615.260  1.  All gifts of money which the bureau is authorized to accept must be deposited in the state treasury for credit to the rehabilitation gift [fund which is hereby created.] account in the department of human resources’ gift fund. The money may be invested and reinvested and must be used in accordance with the conditions of the gift.

      2.  [Money in the rehabilitation gift fund continues in the fund from year to year.] All claims must be approved by the chief before they are paid.

 

________

 

 

CHAPTER 43, AB 142

Assembly Bill No. 142–Committee on Government Affairs

CHAPTER 43

AN ACT relating to administrative procedure; clarifying the power of certain persons to administer oaths to witnesses in hearings in contested cases; removing statutory language which duplicates the provisions of chapter 233B of NRS, the Nevada Administrative Procedure Act; and providing other matters properly relating thereto.

 

[Approved March 16, 1981]

 

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

 

      Section 1.  Chapter 233B of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Unless limited by a specific statute, any person authorized to preside over a hearing in a contested case may administer oaths or affirmations to witnesses appearing before him in the hearing.

      Sec. 2.  NRS 233B.130 is hereby amended to read as follows:

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

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


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ê1981 Statutes of Nevada, Page 81 (Chapter 43, AB 142)ê

 

court in and for Carson City, in and for the county in which the aggrieved party resides, or in and for the county where the act on which the proceeding is based occurred. Unless otherwise provided by specific statute, a petition [shall] must be filed within 30 days after the service of the final decision of the agency or, if a rehearing is held, within 30 days after the decision thereon. Copies of the petition [shall] must be served upon the agency and all other parties of record.

      Sec. 3.  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, adopt and amend from time to time, after notice and public hearing,] Adopt regulations carrying out the provisions of NRS 445.131 to 445.354, inclusive, including standards of water quality and 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.

      2.  In adopting regulations, water quality standards and effluent limitations pursuant to 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. 4.  NRS 445.207 is hereby amended to read as follows:

      445.207  [Before adopting any regulation, the commission shall hold a public hearing. If the regulation] If a regulation which is to be considered by the commission provides a standard of water quality or waste discharge, notice of the hearing [shall] on the regulation must be published at least once in a newspaper of general circulation in the area to which the standard, if adopted, will apply.

      Sec. 5.  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 legislation concerning 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] regulations adopted 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 of new sewerage systems and treatment works and extensions, modifications of or additions to new or existing sewerage systems or treatment works;


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ê1981 Statutes of Nevada, Page 82 (Chapter 43, AB 142)ê

 

      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;

      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 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] and 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. 6.  NRS 445.383 is hereby amended to read as follows:

      445.383  To carry out the provisions and purposes of NRS 445.361 to 445.399, inclusive, the state board of health may:

      1.  Through the state health officer and health division:

      (a) Enter into agreements, contracts or cooperative arrangements with other state agencies, federal or interstate agencies, municipalities, local health departments, educational institutions or other organizations or persons.

      (b) Accept financial and technical assistance from the Federal Government, other public agencies or private contributors.

      2.  Hold hearings [, issue notices of hearings,] and issue subpenas requiring the attendance of witnesses and the production of evidence. [, administer oaths and take testimony.]

      Sec. 7.  NRS 445.466 is hereby amended to read as follows:

      445.466  [In the adoption of any regulation, the commission shall hold a public hearing.] Notice of the public hearing [shall] on a regulation which is to be considered by the commission must be given by at least three publications of a notice in newspapers throughout the state, once a week for 3 weeks, commencing at least 30 days [prior to] before the hearing.


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ê1981 Statutes of Nevada, Page 83 (Chapter 43, AB 142)ê

 

least three publications of a notice in newspapers throughout the state, once a week for 3 weeks, commencing at least 30 days [prior to] before the hearing.

      Sec. 8.  NRS 482.353 is hereby amended to read as follows:

      482.353  1.  The applicant or licensee may, within 30 days after receipt of the notice of denial or revocation, petition the director in writing for a hearing.

      2.  Subject to the further requirements of subsection 3, the director shall make written findings of fact and conclusions and grant or finally deny the application or revoke the license within 15 days after the hearing unless by interim order he extends the time to 30 days after the hearing. If the license has been temporarily suspended, the suspension expires no later than 15 days after the hearing.

      3.  If the director finds that the action is necessary in the public interest, upon notice to the licensee, he may temporarily suspend or refuse to renew the license certificate issued to a manufacturer, dealer or rebuilder and the special plates issued to a manufacturer or dealer for a period not to exceed 30 days. A hearing [shall] must be held, and a final decision rendered within 30 days after notice of the temporary suspension.

      4.  The director or his agent may [administer oaths and] issue subpenas for the attendance of witnesses and the production of evidence.

      Sec. 9.  NRS 483.470 is hereby amended to read as follows:

      483.470  1.  The department [is hereby authorized to] may suspend the license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:

      (a) Has committed an offense for which mandatory revocation of license is required upon conviction;

      (b) Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;

      (c) Is an habitually reckless or negligent driver of a motor vehicle;

      (d) Is an habitual violator of the traffic laws;

      (e) Is physically or mentally incompetent to drive a motor vehicle;

      (f) Has permitted an unlawful or fraudulent use of [such] his license;

      (g) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation; or

      (h) Has failed or refused to comply with the terms and conditions of issuance of a restricted license.

      2.  As used in this section, “traffic violation” means conviction on a charge involving a moving traffic violation in any municipal court, justice’s court or district court in [the State of Nevada, and] this state. The term includes a finding by a juvenile court pursuant to NRS 62.083 that a child has violated a traffic law or ordinance other than one governing standing or parking.

      3.  The department shall establish a uniform system of demerit points for various traffic violations occurring within [the State of Nevada] this state affecting any holder of a driver’s license issued by the department.

      4.  [Such system shall] The system must be a running system of demerits covering a period of 12 months next preceding any date on which a licensee may be called before the department to show cause as to why his driver’s license should not be suspended.


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ê1981 Statutes of Nevada, Page 84 (Chapter 43, AB 142)ê

 

which a licensee may be called before the department to show cause as to why his driver’s license should not be suspended.

      5.  [Such system shall] The system must be uniform in its operation and the department shall set up a system of demerits for each traffic violation coming under this section, depending upon the gravity of [such] the violation, on a scale of one demerit point for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations. [In the event of] If a conviction of two or more traffic violations committed on a single occasion [, points shall] is obtained, points must be assessed for one offense, and if the point values differ, points [shall] must be assessed for the offense having the greater point value. Details of the violation [shall] must be submitted to the department by the court where the conviction is obtained. The department may provide for a graduated system of demerits within each category of violations according to the extent to which the traffic law was violated.

      6.  When any driver has accumulated three or more demerit points, but less than 12, the department shall notify him of this fact. If, after the department mails [such] that notice, the driver presents proof to the department that he has successfully completed a traffic safety school course, approved by the department, for the number of hours prescribed by the course, with the approval of the department as constituting a course of instruction, the department shall cancel three demerit points from his driving record. [, pursuant to this subsection; but if such] If the driver accumulates 12 or more demerit points before completing the traffic safety school, he will not be entitled to have demerit points canceled upon completion of [such] the course, but [shall] must have his license suspended. A person shall be allowed to attend only once in 12 months for the purpose of reducing his demerit points. The three demerit points can only be canceled from a driver’s record during the 12-month period immediately following the driver’s successful completion of the traffic safety school.

      7.  Any [three-demerit-point reduction shall apply] reduction of three demerit points applies only to the demerit record of the driver and [shall] does not affect his driving record with the department or insurance record.

      8.  When any licensee has accumulated 12 or more demerit points the department shall suspend [the license of such licensee] his license until the total of his demerits has dropped below 12 demerits in the next preceding 12 months.

      9.  The director of the department [of motor vehicles is hereby empowered to] may set up a scale of demerit values for each traffic violation.

      10.  Upon suspending the license of any person as authorized in this section, the department shall immediately notify the licensee in writing, and upon his request shall afford him an opportunity for a hearing as early as practical within not to exceed 20 days after receipt of [such] the request in the county wherein the licensee resides unless the department and the licensee agree that [such] the hearing may be held in some other county. Upon [such] the hearing the administrator, or his [duly] authorized agent, may [administer oaths and may] issue subpenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee.


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ê1981 Statutes of Nevada, Page 85 (Chapter 43, AB 142)ê

 

his [duly] authorized agent, may [administer oaths and may] issue subpenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee. Upon [such] the hearing the department shall either rescind its order of suspension or, good cause appearing therefor, may extend the suspension of [such] the license or revoke [such license.] it.

      Sec. 10.  NRS 484.387 is hereby amended to read as follows:

      484.387  1.  If a request for a hearing is made within the appropriate time, the department of motor vehicles shall afford the person an opportunity for a hearing to be conducted within 60 days after receipt of the request. The hearing [shall] must be conducted in the county [wherein] where the accused resides unless the parties agree otherwise. The director of the department of motor vehicles or his agent may [administer oaths and may] issue subpenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the accused.

      2.  The scope of [such hearing shall] the hearing must be limited to the issues of whether a police officer had reasonable grounds to believe [such] the person had been driving a vehicle upon a highway while under the influence of intoxicating liquor or a controlled substance, had been placed under arrest, and had refused to submit to the test upon the request of the police officer. Upon an affirmative finding on each of the issues, the department of motor vehicles shall issue an order suspending the license, privilege or permit to drive a motor vehicle, unless the suspension order has already been made, in which case the order [shall] must be affirmed. If a negative finding is made on any of the issues then no suspension [shall] may be ordered or the prior suspension order [shall] must be rescinded, as the case may be. If, after [such] the hearing, an order of suspension is issued or a prior order of suspension is affirmed the person whose license, privilege or permit has been suspended [shall have the right] is entitled to a review of the matter in district court in the same manner as provided by NRS 483.520.

      Sec. 11.  NRS 485.193 is hereby amended to read as follows:

      485.193  [1.]  The hearing [shall] must be held to determine:

      [(a)]1.  Whether or not there is a reasonable possibility that a judgment may be rendered against the owner or operator as a result of the accident in which he was involved if the issue is brought before a court of competent jurisdiction; and

      [(b)]2.  The amount of security that may be required of the operator or owner to satisfy any judgment [or jugments] for damages that may be rendered against him.

      [2.  The operator or owner may be represented at the hearing by counsel and may examine, either in person or by counsel, all witnesses who are called to testify at such hearing.]

      Sec. 12.  NRS 485.195 is hereby amended to read as follows:

      485.195  The director or his representative [shall have power to administer oaths,] may certify to all official acts and [to] issue subpenas for attendance of witnesses and the production of books and papers.

      Sec. 13.  NRS 489.231 is hereby amended to read as follows:


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ê1981 Statutes of Nevada, Page 86 (Chapter 43, AB 142)ê

 

      489.231  1.  In order to carry out the provisions of this chapter, the administrator may:

      (a) Issue subpenas for the attendance of witnesses or the production of books, papers and documents; and

      (b) Conduct hearings. [; and

      (c) Administer oaths.]

      2.  The administrator may apply for and receive grants from the United States Secretary of Housing and Urban Development for [development of] developing and carrying out a plan for enforcement and administration of federal mobile home safety and construction standards for mobile homes offered for sale or lease in this state.

      3.  The administrator may adopt regulations to ensure acceptance by the Secretary of Housing and Urban Development of the state plan for administration and enforcement of federal mobile home safety and construction standards in accordance with the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.).

      4.  The administrator may make inspections, approve plans and specifications, provide technical services, issue certificates and labels of compliance, collect fees provided for in this chapter and adopt regulations necessary to carry out his duties under this chapter if no federal agency is performing adequate inspections.

      5.  The administrator or his representative may enter, at reasonable times and without notice, any factory, warehouse or establishment in which mobile homes are manufactured, stored or held for sale and inspect at reasonable times in a reasonable manner the premises and books, papers, records and documents which are relevant to the manufacture of mobile homes and compliance with the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.). A district court shall issue a warrant to permit an inspection if the administrator has shown:

      (a) Evidence that a violation of a provision of this chapter has been committed or is being committed; or

      (b) That the business has been chosen for an inspection on the basis of a general administrative plan for the enforcement of the provisions of this chapter.

      Sec. 14.  NRS 522.040 is hereby amended to read as follows:

      522.040  1.  The division has jurisdiction and authority over all persons and property, public and private, necessary to effectuate the purposes and intent of this chapter.

      2.  The division [has authority and it is its duty to] shall make investigation to determine whether waste exists or is imminent, or whether other facts exist which justify or require action by it. [hereunder.]

      3.  The division shall [make rules, regulations and orders and shall] adopt regulations, make orders and take other appropriate action to effectuate the purposes of this chapter.

      4.  [The administrator of the division may administer oaths to witnesses in any hearing, investigation or proceeding under this chapter.

      5.]  The division [has authority:

      (a) To require:] may:

      (a) Require:


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ê1981 Statutes of Nevada, Page 87 (Chapter 43, AB 142)ê

 

             (1) Identification or ownership of wells, producing leases, tanks, plants and drilling structures.

             (2) The making and filing of reports, well logs and directional surveys. [; provided that logs] Logs of exploratory or “wildcat” wells marked “confidential” [shall] must be kept confidential for 6 months after the filing thereof, unless the owner gives written permission to release [such] those logs at an earlier date.

             (3) The drilling, casing and plugging of wells in such a manner as to prevent the escape of oil or gas out of one stratum into another, the intrusion of water into an oil or gas stratum, the pollution of fresh water supplies by oil, gas or salt water, and to prevent blowouts, cavings, seepages and fires.

             (4) The furnishing of a reasonable bond with good and sufficient surety conditioned for the performance of the duty to plug each dry or abandoned well or the repair of wells causing waste.

             (5) The operation of wells with efficient gas-oil and water-oil ratios, and to fix these ratios.

             (6) The gauging or other measuring of oil and gas to determine the quality and quantity thereof.

             (7) That every person who produces oil or gas in this state shall keep and maintain for a period of 5 years within this state complete and accurate record of the quantities thereof, which [shall] must be available for examination by the division or its agents at all reasonable times.

      (b) [To regulate,] Regulate, for conservation purposes:

             (1) The drilling, producing and plugging of wells.

             (2) The shooting and chemical treatment of wells.

             (3) The spacing of wells.

             (4) The disposal of salt water, nonpotable water and oil field wastes.

             (5) The contamination or waste of underground water.

      (c) [To classify] Classify wells as oil or gas wells for purposes material to the interpretation or enforcement of this chapter.

      Sec. 15.  NRS 522.100 is hereby amended to read as follows:

      522.100  1.  The division [shall have power to] may summon witnesses [, to administer oaths, and to] and require the production of records, books and documents for examination at any hearing or investigation conducted by it. No person [shall] may be excused from attending and testifying, or from producing books, papers and records before the division or a court, or from obedience to the subpena of the division or a court, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture. [; provided, that nothing herein contained shall be construed as requiring] This section does not require any person to produce any books, papers or records, or to testify in response to any inquiry not pertinent to some question lawfully before [such] the division or court for determination. No natural person [shall] may be subjected to criminal prosecution or to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which, in spite of his objection, he may be required to testify or produce evidence, documentary or otherwise, before the division or court, or in obedience to its subpena, [; provided, that] but no person testifying [shall be exempted] is exempt from prosecution and punishment for perjury committed in so testifying.


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ê1981 Statutes of Nevada, Page 88 (Chapter 43, AB 142)ê

 

division or court, or in obedience to its subpena, [; provided, that] but no person testifying [shall be exempted] is exempt from prosecution and punishment for perjury committed in so testifying.

      2.  In case of failure or refusal on the part of any person to comply with the subpena issued by the division, or in case of the refusal of any witness to testify as to any matter regarding which he may be interrogated, any court of record in the state, upon application of the division, may issue an attachment for [such] that person and compel him to comply with [such] the subpena, and to attend before the division and produce [such] his records, books and documents for examination, and to give his testimony. [Such court shall have the power to] The court may punish for contempt as in the case of disobedience to a like subpena issued by the court, or for refusal to testify therein.

      Sec. 16.  NRS 533.150 is hereby amended to read as follows:

      533.150  1.  The state engineer shall fix a time and place for the hearing of objections, which date [shall] must not be less than 30 days nor more than 60 days from the date the notice is served on the persons who are, or may be, affected thereby. The notice may be sent by registered or certified mail to the persons to be affected by the objections, and the receipt therefor [shall constitute] constitutes legal and valid proof of service. The notice may also be served by the state engineer, or by any person, appointed by him, qualified and competent to serve a summons in civil actions. Return thereof [shall] must be made in the same manner as in civil actions in the district courts of this state.

      2.  The state engineer [shall have power to] may adjourn hearings from time to time upon reasonable notice to all parties interested, and [to] issue subpenas and compel the attendance of witnesses to testify at [such hearings, which subpenas shall] the hearings. The subpenas must be served in the same manner as subpenas issued out of the district courts of this state. Depositions may be taken by any officer authorized to administer oaths and designated by the state engineer or the parties in interest, and oral testimony may be introduced in all hearings. [The state engineer or his deputy shall have the power to administer oaths to witnesses.]

      3.  In case of neglect or refusal on the part of any person to comply with any order of the state engineer or any subpena, or on the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, the district court of any county, or any judge thereof, on application of the state engineer, shall issue attachment proceedings for contempt, as in the case of disobedience of a subpena issued from such court, or a refusal to testify therein.

      4.  Witnesses [shall] are entitled to receive fees as in civil cases, to be paid by the party calling [such] those witnesses.

      5.  The evidence in [such proceedings shall] the proceedings must be confined to the subjects enumerated in the objections and the preliminary order of determination. All testimony taken at [such hearings shall] the hearings must be reported and transcribed in its entirety.

      Sec. 17.  NRS 538.221 is hereby amended to read as follows:

      538.221  [1.]  The administrator may:

      [(a)]1.  Hold hearings.


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ê1981 Statutes of Nevada, Page 89 (Chapter 43, AB 142)ê

 

      [(b)]2.  Receive and hear objections filed to the granting of contracts after advertisement.

      [(c)]3.  Require the attendance of witnesses.

      [(d)]4.  Take testimony whenever he deems it necessary to carry out the provisions of NRS 538.041 to 538.251, inclusive.

      [2.  The administrator may administer oaths to any witnesses called to testify at any hearing or proceeding before him.]

      Sec. 18.  NRS 544.100 is hereby amended to read as follows:

      544.100  In the case of hearings held pursuant to NRS 544.220, the director shall, and in other cases may, cause a record of all proceedings to be taken and filed with the director, together with his findings and conclusions. For any hearing, the director or a representative designated by him [is authorized to administer oaths and affirmations, examine witnesses and] may issue, in the name of the director, [notice of the hearing or] subpenas requiring any person to appear and testify [,] or to appear and produce documents [, or both,] at any designated place.

      Sec. 19.  NRS 555.243 is hereby amended to read as follows:

      555.243  The executive director [is authorized to prescribe and, after a public hearing following due public notice, enforce such rules and] may adopt such regulations as he may deem necessary to:

      1.  Carry into effect the intent of NRS 555.235 to 555.249, inclusive.

      2.  Establish sanitary standards relating to pest conditions of nurseries.

      3.  Establish mandatory and permissive grades for nursery stock. When mandatory grades are established for nursery stock, all nursery stock sold or offered for sale [shall] must be graded and labeled in accordance with [such] those standards.

      4.  Establish standards relating to conditions that interfere with the proper development of nursery stock after planting.

      Sec. 20.  NRS 561.146 is hereby amended to read as follows:

      561.146  1.  Whenever the executive director is authorized or required by law to conduct a hearing, he [shall have authority to] may issue subpenas requiring the attendance of witnesses before him, together with all books, memoranda, papers and other documents relative to the matters for which the hearing is called, [to administer oaths and take testimony thereunder, and to] and take depositions within or without the state, as the circumstances of the case may require.

      2.  The district court in and for the county in which any hearing is being conducted by the executive director [shall have the power to] may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the executive director.

      3.  In case of the refusal of any witness to attend or testify or produce any papers required by [such] the subpena the executive director may report to the district court in and for the county in which the hearing is pending by petition, setting forth:

      (a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) That the witness has been subpenaed in the manner prescribed in this section; and


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ê1981 Statutes of Nevada, Page 90 (Chapter 43, AB 142)ê

 

      (c) That the witness has failed and refused to attend or produce the papers required by subpena before the executive director in the hearing named in the subpena, or has refused to answer questions propounded to him in the course of such hearing,

and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the executive director.

      4.  The court, upon petition of the executive director, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in [such] the order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the executive director. A certified copy of the order [shall] must be served upon the witness. If it appears to the court that the subpena was regularly issued by the executive director, the court may thereupon enter an order that the witness appear before the executive director at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness [shall] must be dealt with as for contempt of court.

      Sec. 21.  NRS 561.149 is hereby amended to read as follows:

      561.149  In all cases where the executive director is required or authorized by law to proceed upon a verified complaint, he, or his deputy so authorized by him, [is empowered to administer oaths or affirmations and to] may take depositions, within or without the state, as the circumstances of the case may require.

      Sec. 22.  NRS 573.108 is hereby amended to read as follows:

      573.108  1.  In case of failure by a licensee to pay amounts due a consignor creditor whose livestock was handled or sold through or at the licensee’s public livestock auction, as evidenced by a verified complaint filed with the executive director, the executive director shall proceed forthwith to ascertain the names and addresses of all consignor creditors of [such] the licensee, together with the amounts due [and owing] to them [and each of them by such] by the licensee, and shall request all [such] the consignor creditors to file a verified statement of their respective claims with the executive director. [Such request shall] The request must be addressed to each known consignor creditor at his last-known address.

      2.  If a consignor creditor so addressed fails, refuses or neglects to file in the office of the executive director his verified claim as requested by the executive director within 60 days from the date of [such] the request, the executive director [shall thereupon be] is relieved of further duty or action under this section on behalf of [such] that consignor creditor.

      3.  Where by reason of the absence of records, or other circumstances making it impossible or unreasonable for the executive director to ascertain the names and addresses of all consignor creditors, the executive director, after exerting due diligence and making reasonable inquiry to secure the information from all reasonable and available sources, may make demand on the bond on the basis of information then in his possession, and thereafter [shall not be] is not liable or responsible for claims or the handling of claims which may subsequently appear or be discovered.


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ê1981 Statutes of Nevada, Page 91 (Chapter 43, AB 142)ê

 

      4.  Upon ascertaining all claims and statements in the manner set forth in this section, the executive director may then make demand upon the bond on behalf of those claimants whose statements have been filed, and [shall have the power to] may settle or compromise the claims with the surety company on the bond [, and is empowered in such cases to] and execute and deliver a release and discharge of the bond involved.

      5.  Upon the refusal of the surety company to pay the demand, the executive director may thereupon bring an action on the bond in behalf of the consignor creditors. Upon any action being commenced on the bond, the executive director may require the filing of a new bond. Immediately upon the recovery in any action on [such] the bond the licensee shall file a new bond. Upon failure to file the [same] bond within 10 days, in either case, [such failure shall constitute] the failure constitutes grounds for the suspension or revocation of his license.

      6.  In any settlement or compromise by the executive director with a surety company as provided in subsection 4, [of this section,] where there are two or more consignor creditors that have filed claims, either fixed or contingent, against a licensee’s bond, [such] the creditors shall share pro rata in the proceeds of the bond to the extent of their actual damage.

      7.  For the purpose of enforcing the provisions of this section, the executive director [is authorized to] may receive verified complaints from any consignor against any licensee, or agent, or any person assuming or attempting to act as such, and upon receipt of [such] a verified complaint [shall have full authority to make any and all] may make any necessary investigations relative to [such] the complaint. The executive director [is empowered to] may administer oaths of verification of [such] the complaints.

      8.  For the purpose of making investigations as provided for in subsection 7 , [of this section,] the executive director may enter a public livestock auction and examine any records required under the provisions of this chapter. The executive director [shall have full authority to] may issue subpenas requiring the attendance of witnesses before him, together with all books, memoranda, papers and other documents relative to the matters under investigation. [, and to administer oaths and take testimony thereunder.]

      Sec. 23.  NRS 584.210 is hereby amended to read as follows:

      584.210  1.  Whenever the health division of the department of human resources has reasonable grounds to believe that any applicant or permittee under NRS 584.180 to 584.210, inclusive, is violating any of the provisions of [NRS 584.180 to 584.210, inclusive,] those sections, or any of the rules, regulations or specifications promulgated by the state board of health relative to the sanitation and grading of milk and milk products, or whenever the results of tests indicate that the facilities, milk or milk products do not meet [such] those regulations or are not reliable or are questionable, or when the health division determines that the operation in any other manner is inimical and not for the best interests of the health, safety or welfare of the people of this state, the health division of the department of human resources may, after a hearing, refuse to grant a permit or suspend or revoke any or all permits previously issued.


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ê1981 Statutes of Nevada, Page 92 (Chapter 43, AB 142)ê

 

      2.  The health division shall cite the permittee, upon notice stating reasons and given not less than 10 days [prior to] before the date set for the hearing, to appear and show cause, if any he has, why the permit should not be revoked or suspended. [The permittee cited to appear and show cause shall have the right to file and answer, to appear and be heard in person and by counsel, and to present evidence at such hearing.]

      3.  The health division may conduct the investigations, summon and compel the attendance of witnesses, require the production of any records or documents, and provide for the taking of depositions under the Nevada Rules of Civil Procedure in connection with such hearings.

      4.  If, upon hearing, the health division is satisfied that the violation charged is true, or if the licensee fails to appear and show cause, the health division may revoke or suspend the permit summarily.

      5.  The findings of the health division and the judgment or order [shall] must be reduced to writing and filed in the permanent public records of the health division. The findings [shall] must state the reasons why the application for a permit was disapproved or the permit was suspended or revoked. Copies [shall] must be furnished to the applicant or permittee [, and he] who may, within 15 days after the denial, suspension or revocation of the permit, file an appeal with the state board of health. Within 30 days after the final decision of the board, he may file for judicial review thereof in the district court of the county wherein he resides or has, or intends to have, his principal place of business within this state. Upon the filing for appeal or review, the enforcement of the health division’s order [shall] must be stayed pending final disposition of the matter. If the order is judicially affirmed, it [shall become final and conclusive] becomes final and the stay of enforcement [shall be] is automatically vacated.

      6.  In any case where the health division refuses to issue a permit, or suspends or revokes a permit, the applicant or accused [has the right] is entitled to submit another application for the consideration of the health division.

      Sec. 24.  NRS 587.550 is hereby amended to read as follows:

      587.550  The executive director [, after due notice and public hearing,] may adopt regulations:

      1.  Prescribing methods of selecting samples of lots or containers of fruits, nuts and vegetables on a basis of size or other specific classification which are reasonably calculated to produce by such sampling fair representations of the entire lots or containers which are sampled.

      2.  Establishing and issuing official color charts which depict the color standards and requirements which may be established by NRS 587.460 to 587.660, inclusive.

      3.  [Making such other regulations as] Which are reasonably necessary to secure uniformity in the enforcement of NRS 587.460 to 587.660, inclusive.

      Sec. 25.  NRS 590.505 is hereby amended to read as follows:

      590.505  1.  The board [shall have the power to] may adopt a seal for its own use which [shall] must have imprinted thereon the words “Nevada Liquefied Petroleum Gas Board.” The care and custody of the seal [shall be in the hands] is the responsibility of the secretary-treasurer of the board.


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ê1981 Statutes of Nevada, Page 93 (Chapter 43, AB 142)ê

 

seal [shall be in the hands] is the responsibility of the secretary-treasurer of the board.

      2.  The board [is authorized and empowered to] may appoint an executive secretary and such other technical, clerical or investigative personnel as it deems necessary and [to] fix the compensation [for such] of those appointees. The executive secretary and all appointees shall be paid out of the [funds] money of the board. The board may require the executive secretary and any other appointees to give a bond to the board for the faithful performance of their duties, the premiums on [such] the bond being paid out of the [funds] money of the board.

      3.  The board [is authorized and empowered to adopt, promulgate and enforce rules, regulations and specifications] may adopt regulations setting forth minimum general standards covering the design, construction, location, installation and operation of equipment for storing, handling, transporting by tank truck, tank trailer, and utilizing liquefied petroleum gases and specifying the odorization of the gases and the degree thereof. [The rules, regulations and specifications shall be adopted, promulgated, revised, amended, revoked or superseded in the manner provided in NRS 590.465 to 590.645, inclusive. All rules, regulations and specifications so adopted shall have uniform application and be enforced uniformly throughout the state.]

      4.  The board [shall have the power to] may prescribe the method and form of application for a liquefied petroleum gas license, investigate the experience, reputation and background of applicants, issue, suspend, revoke or deny licenses and conduct hearings in connection with the applications for, or revocation of, licenses. In conducting hearings on the issuance or revocation of any license, the board [shall have the power to] may compel the attendance of witnesses by use of subpena [, to administer oaths or affirmations, to take testimony and evidence and to] and apply to the district court of the county where the hearing is held for an order citing any applicant or witness for contempt, for failure to attend or testify.

      5.  The board [shall have power to either] may suspend or revoke licenses [already issued and to] and refuse renewals of licenses when the applicant or licensee has been guilty of acts of conduct, harmful to either the safety or protection of the public.

      6.  In carrying out the provisions of NRS 590.465 to 590.645, inclusive, and holding its regular or special meetings, the board [shall have the power to adopt and amend] may adopt bylaws setting forth procedures and methods of operation.

      7.  The board shall submit to the governor a biennial report before September 1 of each even-numbered year, covering the biennium ending June 30 of [such] that year, of its transactions during the preceding biennium, including a complete statement of the receipts and expenditures of the board during the period.

      8.  The board shall keep accurate records and minutes of all meetings and the records and minutes so kept [shall] must be open to public inspection at all times. The board shall also keep a record of all applications for licenses, and licenses issued by it, which [shall be] is a public record.


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ê1981 Statutes of Nevada, Page 94 (Chapter 43, AB 142)ê

 

      9.  The board [is authorized and empowered to] may retain all application and license fees collected under the provisions of NRS 590.465 to 590.645, inclusive, for the maintenance of an office, the payment of salaries and expenses and the carrying out of the provisions of NRS 590.465 to 590.645, inclusive.

      10.  The board [is authorized, at its election, to] may conduct examinations of any applicant to determine the responsibility, ability, knowledge, experience or other qualification of the applicant for a license under NRS 590.465 to 590.645, inclusive, and may require a reasonable amount of personal injury and property damage insurance coverage.

      11.  The board [is authorized to] may grant variances from its [rules, regulations and specifications] regulations when it deems it to the best interest of the safety of the public or the persons using [such] LPG materials or services.

      Sec. 26.  NRS 590.515 is hereby amended to read as follows:

      590.515  The board shall adopt [, promulgate and publish such rules, regulations and specifications] such regulations as are reasonably necessary for the protection of the health, welfare and safety of the public and persons using liquefied petroleum gases and they [shall] must be in substantial conformity with the generally accepted standards of safety concerning the same subject matter. The board shall adhere to the following conditions in this regard [.

      1.  Any new regulations, other than those already in use, shall be adopted only after a public hearing thereon, held after notice given in the manner and for the time specified by the board.

      2.  The rules, regulations and specifications] :

      1.  The regulations relating to safety in the storage, distribution, dispensing, transporting and utilization of LPG in this state and in the manufacture, fabrication, assembly, sale, installation and use of LPG systems, containers, apparatus or appliances [shall] must be just and reasonable and [shall] must conform, as nearly as possible, to the standards of the National Board of Fire Underwriters or the National Fire Protection Association, or both, relating to the design, construction, installation and use of systems, containers, apparatus, appliances and pertinent equipment for the storage, transportation, dispensation and utilization of LPG.

      [3.]2.  Before any [rules, regulations or specifications are revised, amended, adopted or promulgated under the provisions of NRS 590.465 to 590.645, inclusive,] regulations are adopted, the secretary of the board shall give at least 10 days’ notice to all applicants and licensees under NRS 590.465 to 590.645, inclusive, by mailing an accurate copy of the new, revised or amended [rules, regulations or specifications] regulations which the board proposes to adopt [or promulgate,] together with a written notice [.] signed by the secretary. [, stating the date, time and place of a public hearing at which time oral or written objections to the proposed new, revised or amended rules, regulations and specifications shall be heard and considered.] Any person affected [shall have the right] is entitled to appear [and be heard at the hearing,] at the public hearing on the regulation in person and by counsel. [, to file written or oral objections and to present evidence.


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ê1981 Statutes of Nevada, Page 95 (Chapter 43, AB 142)ê

 

      4.  After the public hearing, the board may adopt any new, revised or amended rules, regulations or specifications, with such amendments and modifications as they shall deem just and reasonable, and a] A certificate reciting the adoption and the effective date [shall] must be signed by the members comprising a majority of the board. Within 10 days after the adoption of the [new, revised or amended rule, regulation or specification,] regulation the secretary shall cause to be mailed to each applicant or licensee under NRS 590.465 to 590.645, inclusive, a true and correct copy of the [rule, regulation or specification.] regulation. A facsimile of any member’s signature may be used under this section if authorized by the member.

      [5.  Any new, revised or amended rule, regulation or specification adopted as herein provided shall become effective on a date designated in the certificate, but not earlier than 10 days following the date of mailing.]

      Sec. 27.  NRS 598.520 is hereby amended to read as follows:

      598.520  1.  The commissioner, in addition to other powers conferred upon him by NRS 598.360 to 598.640, inclusive, may issue subpenas to require the attendance of witnesses or the production of documents, [administer oaths,] conduct hearings in aid of any investigation or inquiry and prescribe such forms and [promulgate such rules] adopt such regulations as may be necessary to administer the provisions of NRS 598.360 to 598.640, inclusive.

      2.  Service of any notice or subpena [shall] must be made as provided in N.R.C.P. 45(c).

      Sec. 28.  NRS 607.210 is hereby amended to read as follows:

      607.210  1.  The labor commissioner or a person designated from the commissioner’s regular staff [shall have the power to examine witnesses, administer oaths and] may take testimony in all matters relating to the duties and requirements of this chapter [. Testimony shall be taken] in some suitable place in the vicinity to which the testimony is applicable.

      2.  The labor commissioner or a person designated from the commissioner’s regular staff may compel the attendance of witnesses, and may issue subpenas. No witness fees [shall] may be paid to any witness unless he is required to testify at a place more than 5 miles from his place of residence, in which event the witness [shall] is entitled to be paid the same fees as a witness before a district court. Payment [shall] must be made from the fund appropriated for [such] those purposes in the county in which the testimony is taken and the witness examined in the same manner as provided for the payment of witness fees in the district court of [such] that county.

      3.  Any person [duly] subpenaed under the provisions of this section who willfully refuses or neglects to testify at the time and place named in the subpena is guilty of a misdemeanor.

      Sec. 29.  NRS 611.025 is hereby amended to read as follows:

      611.025  1.  The labor commissioner may conduct hearings in the performance of his duties as set forth in NRS 611.020 to 611.320, inclusive.


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ê1981 Statutes of Nevada, Page 96 (Chapter 43, AB 142)ê

 

      [2.]  The labor commissioner may [, in connection with such hearings:

      (a) Issue] issue subpenas for the attendance of witnesses and for the production of papers. [; and

      (b) Administer oaths, examine witnesses and take testimony.

      3.]2.  If any person fails to comply with any subpena or order lawfully issued by the labor commissioner or to testify to any matter regarding which the person in a hearing before the labor commissioner may be lawfully interrogated, the district court, upon application of the labor commissioner, shall compel obedience to the subpena or order or require the testimony by proceedings for contempt.

      Sec. 30.  NRS 612.125 is hereby amended to read as follows:

      612.125  1.  “Employment” [shall] does not include service performed after June 30, 1939, in the employ of an employer as defined in the Railroad Unemployment Insurance Act [, approved June 25, 1938, being c. 680, 52 Stat. 1094, and also designated as 45 U.S.C. § 351 et seq.;] (45 U.S.C. §§ 351 et seq.) and service with respect to which unemployment compensation is payable under any other unemployment compensation system established by an Act of Congress.

      2.  The executive director [is authorized and directed to] shall enter into agreements with the proper agencies under such Act or Acts of Congress, which agreements shall become effective 10 days after publication thereof in [the manner provided in NRS 612.240 for general rules,] one or more newspapers of general circulation in this state, to provide reciprocal treatment to [individuals] persons who have, after acquiring potential rights to benefits under this chapter, acquired rights to unemployment compensation under such Act or Acts of Congress, or who have, after acquiring potential rights to unemployment compensation under such Act or Acts of Congress, acquired rights to benefits under this chapter.

      Sec. 31.  NRS 612.240 is hereby amended to read as follows:

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

      2.  General rules] Regulations adopted by the employment security department shall become effective 10 days after filing with the secretary of state and publication in one or more newspapers of general circulation in this state.

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

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

      Sec. 32.  NRS 612.270 is hereby amended to read as follows:

      612.270  1.  In the discharge of the duties imposed by this chapter, the executive director, the chairman of an appeal tribunal created by this chapter, the members of the board of review, and any [duly] authorized representatives of any of them [shall have the power to:


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ê1981 Statutes of Nevada, Page 97 (Chapter 43, AB 142)ê

 

      (a) Administer oaths and affirmations.

      (b)]may:

      (a) Take depositions.

      [(c)](b) Certify to official acts.

      [(d)](c) Issue subpenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with an appealed claim or the administration of this chapter.

      2.  Witness fees may be paid to [such] those witnesses in the amounts provided by law for witnesses in a district court.

      Sec. 33.  NRS 615.280 is hereby amended to read as follows:

      615.280  1.  Any [individual] person applying for or receiving vocational rehabilitation who is aggrieved by any action or inaction of the bureau with respect to him [shall be] is entitled, in accordance with regulations, to [an opportunity for a fair] a hearing before the bureau. [and the right to be represented in the hearing by his counsel.]

      2.  If after [such hearing the individual] the hearing the person feels himself aggrieved by the decision of the bureau in respect to his case he [shall have the right,] is entitled, at any time within 90 days after the mailing to him of written notice of the decision, to petition the district court of the judicial district in which he resides to review [such] the decision and the district court [shall have] has jurisdiction to review the decision on the record of the case before the bureau. [, a] A copy of [which shall] the record must be certified as correct by the chief and filed by the bureau with the clerk of the court as part of its answer to [any such] a petition for review.

      3.  The district court shall either affirm the decision of the bureau, or, if it concludes that the findings of the bureau are not supported by evidence or that the bureau’s decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the bureau for further proceedings in conformity with the decision of the court.

      Sec. 34.  NRS 623.152 is hereby amended to read as follows:

      623.152  [1.]  In carrying out the provisions of this chapter the board may subpena the attendance of witnesses or the production of books, papers and documents.

      [2.  Any member of the board may administer oaths and affirmations to witnesses appearing before the board.]

      Sec. 35.  NRS 623.280 is hereby amended to read as follows:

      623.280  Proceedings for the revocation of a certificate of registration to practice architecture or residential design [shall] must be preceded by a 30-day written notice of the charges filed with the board. [The time and place for the hearing of the charges shall be fixed in the written notice served upon the accused person. At the hearing the accused shall have the right to be represented by counsel, to introduce evidence, and to examine and cross-examine witnesses.] The board shall file a written report of its findings in the record of its proceedings and a copy of the report [shall] must be sent to the accused.

      Sec. 36.  NRS 623A.140 is hereby amended to read as follows:

      623A.140  The board may:


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ê1981 Statutes of Nevada, Page 98 (Chapter 43, AB 142)ê

 

      1.  Grant or refuse certificates after examination and revoke or suspend a certificate for any of the causes specified in this chapter.

      2.  [Administer oaths, take depositions,] Take depositions and issue subpenas [and take testimony] for the purpose of any hearing authorized by this chapter.

      3.  Establish reasonable educational requirements for applicants.

      4.  Establish requirements for approval of schools of landscape architecture.

      Sec. 37.  NRS 625.440 is hereby amended to read as follows:

      625.440  [1.]  In carrying into effect the provisions of this chapter, the board may under the hand of its chairman and the seal of the board subpena witnesses and compel their attendance, and also may require the production of books, papers and documents in a case involving the revocation of registration or practicing or offering to practice without registration.

      [2.  Any member of the board may administer oaths and affirmations to witnesses appearing before the board.]

      Sec. 38.  NRS 628.410 is hereby amended to read as follows:

      628.410  1.  The board may initiate proceedings under this chapter [either] on its own motion or on the complaint of any person.

      2.  A written notice [stating the nature of the charge or charges against the accused and the time and place of the hearing before the board on such charge or charges shall] of the hearing must be served on the accused not less than 30 days [prior to] before the date of the hearing, either personally or by mailing a copy thereof by registered or certified mail to the address of the accused last known to the board.

      3.  If, after having been served with the notice of hearing, [as provided for in subsection 2,] the accused fails to appear at the hearing and defend, the board may proceed to hear evidence against him and may enter such order as [shall be] is justified by the evidence. The order [shall be] is final unless the accused petitions for a review thereof. [as provided for herein; but within] Within 30 days from the date of any order, upon a showing of good cause for failing to appear and defend, the board may reopen the proceedings and may permit the accused to submit evidence in his behalf.

      4.  At any hearing [the accused may appear in person and by counsel, produce evidence and witnesses on his own behalf, cross-examine witnesses, and examine such evidence as may be produced against him. A] a corporation may be represented before the board by counsel or by a shareholder who is a certified public accountant or public accountant of this state in good standing. The accused [shall be] is entitled, on application to the board, to the issuance of subpenas to compel the attendance of witnesses on his behalf.

      5.  The board, or any member thereof, may issue subpenas to compel the attendance of witnesses and the production of documents. [, and may administer oaths, take testimony, hear proofs and receive exhibits in evidence in connection with or upon a hearing under this chapter.] In case of disobedience to subpena the board may invoke the aid of any court of this state in requiring the attendance and testimony of witnesses and the production of documentary evidence.


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ê1981 Statutes of Nevada, Page 99 (Chapter 43, AB 142)ê

 

      6.  The board [shall not be] is not bound by technical rules of evidence.

      7.  A stenographic record of the hearing [shall] must be kept and a transcript thereof filed with the board.

      8.  At all hearings the attorney general or one of his deputies designated by him or such other legal counsel as may be employed shall appear and represent the board.

      9.  The decision of the board [shall] must be by majority vote thereof.

      10.  Any person adversely affected by any order of the board may obtain a review therof by filing a written petition for review with the district court within 30 days after the entry of the order. The petition [shall] must state the grounds upon which the review is asked and [shall pray] request that the order of the board be modified or set aside in whole or in part. A copy of the petition [shall] must be served forthwith upon any member of the board, and thereupon the board shall certify and file in the court a transcript of the record upon which the order complained of was entered. The case [shall] must then be tried de novo on the record made before the board, without the introduction of new or additional evidence, but the parties [shall] must be permitted to file briefs as in a case at law. The court may affirm, modify or set aside the board’s order in whole or in part, or may remand the case to the board for further evidence, and may, in its discretion, stay the effect of the board’s order pending its determination of the case. The court’s decision [shall have] has the force [and effect] of a decree in equity.

      Sec. 39.  NRS 631.360 is hereby amended to read as follows:

      631.360  1.  The board may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proven, would constitute grounds for refusal, suspension or revocation of a license or certificate under this chapter, investigate the actions of any person holding a certificate.

      2.  The board shall, before refusing to issue, or before suspending or revoking any certificate, at least 10 days [prior to] before the date set for the hearing, notify in writing the applicant or the holder of [such] the certificate of any charges made. [, and shall afford the accused person an opportunity to be heard in person or by counsel in reference thereto. Such written] The notice may be served by delivery of [the same] it personally to the accused person or by mailing [the same] it by registered or certified mail to the place of business last [theretofore] specified by the accused person, as registered with the board.

      3.  At the time and place fixed in the notice, the board shall proceed to hear the charges. [and both the accused person and the complainant shall be accorded ample opportunity to be present in person or by counsel such statements, testimony, evidence and argument as may be pertinent to the charges or to the defense thereto.]

      4.  The board [shall have the power to swear witnesses, take testimony under oath, and] may compel the attendance of witnesses by subpena.

      5.  If the board is not sitting at the time and place fixed in the notice, or at the time and place to which the hearing has been continued, the board shall continue [such] the hearing for a period not to exceed 30 days.


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ê1981 Statutes of Nevada, Page 100 (Chapter 43, AB 142)ê

 

board shall continue [such] the hearing for a period not to exceed 30 days.

      Sec. 40.  NRS 632.350 is hereby amended to read as follows:

      632.350  1.  Before suspending or revoking any license the board shall notify the licensee in writing of the charges against him, accompanying the notice with a copy of the complaint, if any is filed. [, and the board shall grant the licensee an opportunity to be heard thereon in person or by counsel.]

      2.  Written notice may be served by delivery of [the same] it personally to the licensee, or by mailing [the same] it by registered or certified mail to the last-known residence address of the licensee.

      3.  If the licensee [shall so desire,] desires, the board shall:

      (a) Grant a hearing upon the charges, which hearing [shall] must be held not less than 10 days after prior notice in writing to the licensee nor more than 30 days after the filing of any complaint; and

      (b) Furnish the licensee, at the time of giving the notice, copies of any [and all] communications, reports and affidavits in possession of the board, touching upon or relating to the matter in question.

      4.  The hearing on the charges may be held by the board, or a majority thereof, at such time and place as the board [shall prescribe, but the hearing should] prescribes. The hearing must be held, if the licensee [so] desires, within the county where he resides.

      Sec. 41.  NRS 632.360 is hereby amended to read as follows:

      632.360  1.  The board or any member thereof [shall have power to administer oaths,] may certify to all official acts and [to] issue subpenas for attendance of witnesses and the production of books and papers.

      2.  In any hearing in any part of the state the process issued by the board [shall extend] extends to all parts of the state and may be served by any person authorized to serve process of courts of record.

      3.  The person serving [such process shall] the process is entitled to receive the compensation allowed by the board, which [shall] must not exceed the fees prescribed by law for similar services. Fees [shall] must be paid in the same manner as provided in this chapter for the payment of the fees of witnesses.

      Sec. 42.  NRS 634.180 is hereby amended to read as follows:

      634.180  [1.  The board shall give the person charged a full and fair hearing with the right to be heard and appear in person and by counsel and to present witnesses.

      2.]  The president or secretary of the board may [:

      (a) Issue] issue subpenas for the attendance of witnesses and the production of documents or other tangible evidence.

      [(b) Administer oaths to all witnesses at such hearings.]

      Sec. 43.  NRS 634A.070 is hereby amended to read as follows:

      634A.070  The board may:

      1.  Employ attorneys, investigators and other professional consultants and clerical personnel necessary to discharge its duties. For the purpose of conducting its examinations, the board may call to its aid persons of established reputation and known ability in traditional Oriental medicine [;] .


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ê1981 Statutes of Nevada, Page 101 (Chapter 43, AB 142)ê

 

      2.  Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter [;] .

      3.  [Promulgate rules and regulations, or either of them,] Adopt regulations not inconsistent with the provisions of this chapter. [Such rules and regulations] The regulations may include a code of ethics regulating the professional conduct of licensees [; and] .

      4.  Compel the attendance of witnesses and the production of evidence by subpena. [and the board may administer oaths.]

      Sec. 44.  NRS 637A.110 is hereby amended to read as follows:

      637A.110  The board may:

      1.  Appoint a technical, clerical and operational staff as may be required [,] from the classified personnel of the [State of Nevada, under the provisions of chapter 284 of NRS.] state. The number of the staff appointed must be limited by the money available for that purpose in the hearing aid licensing fund.

      2.  Grant or refuse licenses after examination and revoke or suspend them for any of the causes specified in this chapter.

      3.  [Administer oaths, take depositions,] Take depositions and issue subpenas [and take testimony] for the purpose of any hearing authorized by this chapter.

      4.  Establish reasonable educational requirements for applicants and apprentices and reasonable requirements for the continuing education of licensees.

      Sec. 45.  NRS 638.070 is hereby amended to read as follows:

      638.070  1.  The board may adopt such [rules and] regulations as it deems necessary to carry out the provisions of this chapter and not in conflict therewith.

      2.  [Any member of the board may administer oaths in all matters pertaining to the duties of the board.

      3.]  The board [shall have authority:

      (a) To employ] may:

      (a) Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      (b) [To take] Take and record evidence as to any matter cognizable by it.

      (c) [To adopt] Adopt regulations relating to continuing education requirements.

      Sec. 46.  NRS 639.247 is hereby amended to read as follows:

      639.247  1.  Any hearing held for the purpose of suspending or revoking any certificate, certification, license or permit [shall] must be conducted publicly by the board. The hearing [shall] must be presided over by a member of the board or his designee and three members [shall] constitute a quorum. Any decision by the board [shall require] requires the concurrence of at least three members. The proceedings of [all such hearings shall] the hearing must be reported or recorded by an official court reporter or other qualified person.

      2.  The member of the board or his designee presiding at the hearing or the secretary [shall have the authority to] may administer oaths [and] or affirmations. Continuances and adjournments may be ordered, or may be granted, by the member or his designee presiding, for cause shown and by orally notifying those persons present of the time and place at which the hearing will be continued.


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ê1981 Statutes of Nevada, Page 102 (Chapter 43, AB 142)ê

 

be granted, by the member or his designee presiding, for cause shown and by orally notifying those persons present of the time and place at which the hearing will be continued.

      [3.  The respondent may appear in person or by legal counsel.]

      Sec. 47.  NRS 642.400 is hereby amended to read as follows:

      642.400  The board may subpena witnesses [, administer oaths upon proper notice,] and, after proper hearing, shall grant a license if it finds that the applicant is of good character, and that the proposed funeral establishment is, or will be, constructed and equipped as required under the provisions of this chapter.

      Sec. 48.  NRS 643.170 is hereby amended to read as follows:

      643.170  1.  The board shall not suspend or revoke any certificate of registration of any person, or refuse to issue or renew any certificate of registration, for any of the causes referred to in NRS 643.160 unless:

      (a) Before taking [such] that action the board [shall have given] gives written notice thereof to the accused stating the specific reason for its adverse action; and

      (b) The accused [shall have been] is granted the opportunity to appear before the board for a hearing within 20 days from the date of the notice. [At the hearing the accused may be represented by counsel.]

      2.  The board [shall have the power:

      (a) To summon] may:

      (a) Summon witnesses.

      (b) [To require] Require the production of books, records and papers for the purpose of the hearing.

      3.  Subpenas [shall] must be issued by the secretary-treasurer of the board directed to the sheriff of the proper county to be served and returned in the same manner as subpenas in criminal cases. The fees and mileage of the sheriff and witnesses [shall] must be the same as is allowed in criminal cases and [shall] must be paid from the [fund] money of the board as other expenses of the board are paid.

      4.  If the accused [shall prevail] prevails at the hearing, the board shall grant him the proper relief without delay.

      5.  Any investigation, inquiry or hearing thus authorized may be entertained or held by or before a member or members of the board, and the finding or order of the member or members, when approved and confirmed by the board, shall be deemed the finding or order of the board.

      Sec. 49.  NRS 648.030 is hereby amended to read as follows:

      648.030  1.  The board shall from time to time adopt regulations to enable it to carry out the provisions of this chapter.

      2.  [The board may take evidence as to any matters cognizable by it.

      3.  Any member of the board may administer oaths in all matters pertaining to the duties of the board.

      4.]  The board shall classify licensees according to the type of business in which they are engaged and may limit the field and scope of the operations of a licensee to those in which he is classified.

      [5.]3.  The board may by regulation fix qualifications of licensees necessary to promote the public welfare.


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ê1981 Statutes of Nevada, Page 103 (Chapter 43, AB 142)ê

 

      [6.]4.  The board may by regulation require licensees and their employees to attend [firearm safety] courses in firearm safety conducted by instructors approved by the board. The board may require a licensee or his employee to complete a certain amount of [firearm safety] training in firearm safety before he may be permitted to carry a firearm in the course of his duties.

      Sec. 50.  NRS 648.170 is hereby amended to read as follows:

      648.170  1.  Before imposing any disciplinary order, the board shall , [:

      (a) At] at least 10 days [prior to] before the date set for hearing, notify the licensee or applicant in writing of any charges made.

      [(b) Afford the accused an opportunity to be heard in person or by counsel in reference thereto.

      2.  Written] The notice may be served by delivery of it personally to the accused or by mailing it by registered or certified mail to the place of business last theretofore specified by the accused as registered with the board.

      [3.]2.  The board may delegate the authority to conduct one or more disciplinary hearings to a hearing officer. If it does so, the hearing officer shall within 30 days after the date of a hearing submit findings of fact and proposed conclusions of law and recommendations to the board for its determination.

      [4.]3.  At the time and place fixed in the notice, the board or the hearing officer shall proceed to hear the charges.

      [5.]4.  If the board is not sitting at the time and place fixed in the notice, or at the time and place to which hearing has been continued, the board may continue the hearing for a period not to exceed 30 days.

      Sec. 51.  NRS 656.130 is hereby amended to read as follows:

      656.130  1.  The board may by a majority vote suspend or revoke a certificate for any cause specified in this chapter.

      2.  The board may [:

      (a) Take testimony and proofs concerning all matters within the jurisdiction of the board.

      (b) Administer oaths.

      (c) Issue] issue subpenas for attendance of witnesses and the production of relevant books and papers.

      Sec. 52.  NRS 656.280 is hereby amended to read as follows:

      656.280  1.  The board may upon its own motion and shall upon the verified complaint in writing of any person setting forth facts which if proven would constitute grounds for refusal, suspension or revocation as set forth in NRS 656.240 to 656.270, inclusive, investigate the actions of any person who applies for, or holds or represents that he holds a certificate. Such a person is in this section and in NRS 656.290 called the accused.

      2.  The board shall, before refusing to issue, suspending or revoking any certificate, notify the accused in writing of any charges made. [and shall afford such accused an opportunity to be heard in person or by counsel in reference thereto.

      3.  Such written notice shall] The notice must be served by delivery personally to the accused, or by mailing by registered or certified mail to the last-known place of business of the accused.


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ê1981 Statutes of Nevada, Page 104 (Chapter 43, AB 142)ê

 

personally to the accused, or by mailing by registered or certified mail to the last-known place of business of the accused.

      [4.  The notice shall set the time and place of the hearing, the time to be not]3.  The time set in the notice must not be less than 10 nor more than 30 days after delivery or mailing.

      [5.]4.  The board may continue [such] the hearing from time to time.

      Sec. 53.  NRS 656.290 is hereby amended to read as follows:

      656.290  1.  The board may subpena and bring before it any person in this state and take testimony [either] orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed in civil cases in courts of this state.

      2.  [Any member of the board may administer oaths to witnesses at any hearing which the board is authorized by law to conduct, and any other oaths required or authorized in this chapter.

      3.]  Any district court, upon the application of the accused or complainant or of the board may, by order, [duly entered,] require the attendance of witnesses and the production of relevant books and papers before the board in any hearing relative to the application for or refusal, recall, suspension or revocation of a certificate, and the court may compel obedience to its order by proceedings for contempt.

      [4.]3.  The board, at its expense, shall provide a shorthand reporter to transcribe the testimony and preserve a record of all proceedings at the hearing of any case wherein a certificate is revoked or suspended. The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the board and its orders [shall be] constitute the record of [such] the proceedings. The board shall furnish a transcript of such record to any person interested in such hearing upon payment therefor of the statutory fees for transcription as provided in NRS 3.370.

      [5.]4.  At any time after the suspension or revocation of any certificate, the board may restore it to the accused without examination upon unanimous vote by the board.

      Sec. 54.  NRS 675.110 is hereby amended to read as follows:

      675.110  1.  Upon the filing of the application and the payment of the fees, the superintendent shall investigate the facts concerning the application and the requirements provided for in NRS 675.120.

      2.  At least 20 days before entering the order granting or denying the application, he shall mail a notice of the receipt of the application to each licensee having a place of business in the community where the applicant proposes to do business and he may mail such a notice to such other persons, associations and institutions as he may see fit.

      3.  The superintendent may hold a hearing on [such] the application at a time not less than 30 days from the date the application was filed nor more than 60 days from [such] that date. The hearing [shall] must be held in the office of the superintendent or such other place as he may designate. Notice in writing of [such hearing shall] the hearing must be sent to the applicant and to any licensee to which a notice of the application had been given and to such other persons as the superintendent may see fit, at least 10 days before the date set for [such] the hearing. [At such hearing, the applicant and other interested parties may be represented by counsel and may present oral or written evidence.]

 


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ê1981 Statutes of Nevada, Page 105 (Chapter 43, AB 142)ê

 

such hearing, the applicant and other interested parties may be represented by counsel and may present oral or written evidence.]

      4.  The superintendent shall make his order granting or denying the application within 10 days from the date of the closing of [such] the hearing, unless the period is extended by written agreement between the applicant and the superintendent.

      Sec. 55.  NRS 681B.050 is hereby amended to read as follows:

      681B.050  1.  As to casualty insurance transacted by it, each insurer shall maintain at all times reserves in an amount estimated in the aggregate to provide for payment of all losses and claims incurred, whether reported or unreported, which are unpaid and for which the insurer may be liable and to provide for the expenses of adjustment or settlement of losses and claims. The reserves [shall] must be computed in accordance with regulations adopted from time to time [made] by the commissioner [, after due notice and hearing,] upon reasonable consideration of the ascertained experience and the character of such kind of business for the purpose of adequately protecting the insured and the solvency of the insurer.

      2.  Whenever the loss and loss expense experience of the insurer show that reserves, calculated in accordance with [such] those regulations, are inadequate, the commissioner may require the insurer to maintain additional reserves.

      3.  The minimum reserve requirements prescribed by the commissioner for unpaid losses and loss expenses incurred during each of the most recent 3 years for coverages included in the lines of business described in the insurer’s annual statement as workmen’s compensation, liability other than auto (B.I.), and auto liability (B.I.) [shall] must not be less than the following: For workmen’s compensation, 65 percent of premiums earned during each year less the amount already paid for losses and expenses incidental thereto incurred during [such] the year; for liability other than auto (B.I.) and auto liability (B.I.), 60 percent of premiums earned during each year less the amount already paid for losses and expenses incidental thereto incurred during [such] the year.

      4.  The commissioner may, by regulation, prescribe the manner and form of reporting pertinent information concerning the reserves provided for in this section.

      Sec. 56.  NRS 686C.290 is hereby amended to read as follows:

      686C.290  1.  The association shall submit to the commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable and equitable administration of the association. The plan of operation and any amendments thereto shall become effective upon approval in writing by the commissioner. All member insurers shall comply with the plan of operation.

      2.  If the association fails to submit a suitable plan of operation by January 1, 1974, or if at any time thereafter the association fails to submit suitable amendments to the plan, the commissioner shall [, after notice and hearing, adopt and promulgate] adopt such reasonable [rules] regulations as are necessary or advisable to effectuate the provisions of this chapter. [Such rules shall] The regulations continue in force until modified by the commissioner or superseded by a plan submitted by the association and approved by the commissioner.


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ê1981 Statutes of Nevada, Page 106 (Chapter 43, AB 142)ê

 

modified by the commissioner or superseded by a plan submitted by the association and approved by the commissioner.

      3.  The plan of operation [shall:] must:

      (a) Establish procedures for handling the assets of the association.

      (b) Establish the amount and method of reimbursing members of the board under NRS 686C.140.

      (c) Establish regular places and times for meetings of the board.

      (d) Establish procedures for records to be kept of all financial transactions of the association, its agents and the board.

      (e) Establish the procedures whereby selections for the board will be made and submitted to the commissioner.

      (f) Establish any additional procedures for assessments under NRS 686C.230 to 686C.270, inclusive.

      (g) Contain additional provisions necessary or proper for the execution of the powers and duties of the association.

      4.  The plan of operation may provide that any or all powers and duties of the association, except those under subsection 3 of NRS 686C.220 and NRS 686C.230 to 686C.270, inclusive, are delegated to a corporation, association or other organization which performs or will perform functions similar to those of this association or its equivalent in two or more states. Such a corporation, association or organization shall be reimbursed for any payments made on behalf of the association and [shall] must be paid for its performance of any function of the association. A delegation under this subsection [shall take] takes effect only with the approval of both the board and the commissioner, and may be made only to a corporation, association or organization which extends protection not substantially less favorable and effective than that provide by this chapter.

      Sec. 57.  NRS 687A.070 is hereby amended to read as follows:

      687A.070  1.  The association shall submit a plan of operation to the commissioner, together with any amendments necessary or suitable to assure the fair, reasonable and equitable administration of the association. The plan of operation and any amendments [shall] become effective upon approval in writing by the commissioner. If the association fails to submit a suitable plan of operation within 90 days following May 5, 1971, or if at any time thereafter the association fails to submit suitable amendments to the plan, the commissioner shall [, after notice and opportunity for hearing, adopt and promulgate reasonable rules] adopt reasonable regulations necessary or advisable to effectuate the provisions of this chapter. [Such rules shall] The regulations continue in force until modified by the commissioner or superseded by a plan submitted by the association and approved by the commissioner.

      2.  All member insurers shall comply with the plan of operation.

      3.  The plan of operation [shall:] must:

      (a) Establish the procedures for performance of all the duties and powers of the association under NRS 687A.060.

      (b) Establish procedures for managing assets of the association.

      (c) Establish the amount and method of reimbursing members of the board of directors under NRS 687A.050.

      (d) Establish procedures by which claims may be filed with the association and establish acceptable forms of proof of covered claims. Notice of claims to the receiver or liquidator of the insolvent insurer shall be deemed notice to the association or its agent and a list of [such claims shall] those claims must be periodically submitted to the association or similar organization in another state by the receiver or liquidator.


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ê1981 Statutes of Nevada, Page 107 (Chapter 43, AB 142)ê

 

of claims to the receiver or liquidator of the insolvent insurer shall be deemed notice to the association or its agent and a list of [such claims shall] those claims must be periodically submitted to the association or similar organization in another state by the receiver or liquidator.

      (e) Establish regular places and times for meetings of the board of directors.

      (f) Establish procedures for keeping records of all financial transactions of the association, its agent and the board of directors.

      (g) Provide that any member insurer aggrieved by any final action or decision of the association may appeal to the commissioner within 30 days after the action or decision.

      (h) Establish procedures for submission to the commissioner of selections for the board of directors.

      (i) Contain additional provisions necessary or proper for the execution of the duties and powers of the association.

      4.  The plan of operation may provide that any or all duties and powers of the association, except those under paragraph (c) of subsection 1 and paragraph (c) of subsection 2 of NRS 687A.060, are delegated to a person who performs or will perform functions similar to those of this association in two or more states. [Such person shall] This person must be reimbursed as a servicing facility and [shall] must be paid for performance of any other functions of the association. A delegation under this subsection [shall take] takes effect only with the approval of both the board of directors and the commissioner, and may be made only to a person who extends protection not substantially less favorable and effective than that provided by this chapter.

      Sec. 58.  NRS 695B.280 is hereby amended to read as follows:

      695B.280  The commissioner may [after notice and hearing promulgate] adopt such reasonable [rules and] regulations, not inconsistent with the provisions of this chapter, relating to the substance, form and issuance of any contract covering the furnishing of hospital or medical or dental services and required to be approved by him as are necessary or desirable. [Such rules and regulations shall] The regulations may not prohibit the use in any such contract or agreement of:

      1.  The word “subscriber” as a designation of the obligee.

      2.  The phrase “a family member” as a designation for the members of the family of the obligee.

      3.  The word “contract” or “agreement” as a designation for the undertakings of the hospital or medical or dental service corporation.

      4.  The phrases “furnishing of service” or “payment of benefits” as a designation for the commitments of the hospital or medical or dental service corporation.

      5.  The phrase “the service” as a designation for the corporate obligor in any such contract or agreement.

      Sec. 59.  NRS 695C.280 is hereby amended to read as follows:

      695C.280  The commission may [, after notice and hearing, promulgate] adopt such reasonable [rules and] regulations as are necessary to provide for the licensing of agents. An agent [means] is a person directly or indirectly associated with a health care plan who engages in solicitation or enrollment.

      Sec. 60.  NRS 695C.340 is hereby amended to read as follows:


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ê1981 Statutes of Nevada, Page 108 (Chapter 43, AB 142)ê

 

      695C.340  1.  When the commissioner has cause to believe that grounds for the denial of an application for a certificate of authority exist, or that grounds for the suspension or revocation of a certificate of authority exist, he shall notify the health maintenance organization and the state board of health in writing specifically stating the grounds for denial, suspension or revocation and fixing a time at least 30 days thereafter for a hearing on the matter.

      2.  The state board of health or its delegated representative shall be in attendance at the hearing and shall participate in the proceedings. The recommendation and findings of the state board of health with respect to matters relating to the quality of health maintenance services provided in connection with any decision regarding denial, suspension or revocation of a certificate of authority [shall be] are conclusive and binding upon the commissioner. After [such] the hearing, or upon the failure of the health maintenance organization to appear at [such] the hearing, the commissioner shall take action as is deemed advisable on written findings which [shall] must be mailed to the health maintenance organization with a copy thereof to the state board of health. The action of the commissioner and the recommendation and findings of the state board of health [shall be] are subject to review by the First Judicial District Court of the State of Nevada in and for Carson City. The court may, in disposing of the issue before it, modify, affirm or reverse the order of the commissioner in whole or in part.

      [3.  The provisions of the Nevada Administrative Procedure Act shall apply to proceedings under this section to the extent they are not inconsistent with subsections 1 and 2.]

      Sec. 61.  NRS 703.310 is hereby amended to read as follows:

      703.310  1.  When a complaint is made against any public utility, common or contract carrier or broker by any person, that any of the rates, tolls, charges or schedules, or any joint rate or rates are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurement, practice or act affecting or relating to the transportation of persons or property, or any service in connection therewith, or the production, transmission or delivery or furnishing of heat, light, gas, coal slurry, water or power, or any service in connection therewith or the transmission thereof is, in any respect, unreasonable, insufficient or unjustly discriminatory, or that any service is inadequate, and the division of consumer relations is unable to resolve the complaint, the division shall transmit the complaint and its recommendation to the commission. Within 10 days after receipt of the complaint and recommendation, the commission shall provide the public utility, carrier or broker complained against with a copy of the complaint and recommendation. Within a reasonable time thereafter the commission shall investigate the complaint.

      2.  If, as a result of its investigation, the commission determines that probable cause exists for the complaint, it shall order a hearing thereof, and give notice of the hearing as required by NRS 703.320, and conduct the hearing as it would any other hearing.

      3.  No order affecting a rate, toll, charge, schedule, regulation, measurement, practice or act complained of may be entered without a formal hearing [at which both the complainant and the public utility, carrier or broker are entitled to appear in person or by counsel and be heard, unless a] unless the hearing is dispensed with as provided in NRS 703.320.


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ê1981 Statutes of Nevada, Page 109 (Chapter 43, AB 142)ê

 

broker are entitled to appear in person or by counsel and be heard, unless a] unless the hearing is dispensed with as provided in NRS 703.320.

      Sec. 62.  NRS 703.350 is hereby amended to read as follows:

      703.350  [1.  Any person authorized by law to conduct hearings before the commission may administer oaths to any witness called to testify in any hearing or proceeding before the commission.

      2.]  The commission may require, by order to be served on any person regulated by the commission in the same manner as a subpena in a civil action, the production at a time and place designated by the commission of any books, accounts, papers or records kept by the person in any office or place outside this state, or verified copies in lieu thereof, if the commission so directs, so that an examination may be made by the commission or under its direction, or for use as testimony. If any person fails or refuses to comply with the order, the person is subject to the penalty provided in NRS 704.590, 706.761 or 712.090, as the case may be.

      Sec. 63.  NRS 706.88235 is hereby amended to read as follows:

      706.88235  1.  Whenever the taxicab authority or the administrator is authorized or required by law to conduct a hearing, the administrator may issue subpenas requiring the attendance of witnesses before the authority or the administrator, respectively, together with all books, memoranda, papers and other documents relative to the matters for which the hearing is called [, take testimony thereunder,] and take depositions within or without the state, as the circumstances of the case may require. [The administrator or any member of the authority may administer oaths to any witnesses called to testify in any hearing before the authority.]

      2.  The district court in and for the county in which any hearing is being conducted may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the administrator.

      3.  In case of the refusal of any witness to attend or testify or produce any papers required by [such] the subpena the administrator may report to the district court in and for the county in which the hearing is pending by petition, setting forth:

      (a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

      (b) That the witness has been subpenaed in the manner prescribed in this section; and

      (c) That the witness has failed and refused to attend or produce the papers required by subpena before the taxicab authority or the administrator in the hearing named in the subpena, or has refused to answer questions propounded to him in the course of the hearing,

and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the authority or the administrator.

      4.  The court, upon petition of the administrator shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in [such] the order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers. A certified copy of the order must be served upon the witness.


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

ê1981 Statutes of Nevada, Page 110 (Chapter 43, AB 142)ê

 

copy of the order must be served upon the witness. If it appears to the court that the subpena was regularly issued by the administrator, the court may thereupon enter an order that the witness appear before the authority or the administrator at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness [shall] must be dealt with as for contempt of court.

      Sec. 64.  NRS 636.140, 641.130 and 641A.190 are hereby repealed.

 

________

 

 

CHAPTER 44, SB 113

Senate Bill No. 113–Committee on Government Affairs

CHAPTER 44

AN ACT relating to the public employees’ retirement system; removing conflicting and duplicative statutory provisions respecting the purchase of service credit; and providing other matters properly relating thereto.

 

[Approved March 18, 1981]

 

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

 

      Section 1.  NRS 286.300 is hereby amended to read as follows:

      286.300  1.  Any member of the system may purchase all previous creditable service performed with his present employing agency if that service was performed before the enrollment of his agency in the system, even if the service is still creditable in some other system where it cannot be canceled. The public employer must certify the inclusive dates of employment and number of hours regularly worked by the member to validate the service The member must pay the system’s actuary for a computation of costs and pay the full actuarial cost as determined by the actuary.

      2.  Any member of the system may purchase credit for any period of service for which contributions were not paid while the member was receiving temporary total disability benefits for an industrial injury, if the injury was sustained on a job for which contributions were required. The member must pay the system’s actuary for any necessary computation, and must also pay the full actuarial [costs] cost determined by the actuary.

      3.  Any member who has 5 years of contributing creditable service may purchase up to 5 years of out-of-state service performed with any federal, state, county or municipal public system if that service is no longer creditable in the other system. To validate that service, the member must obtain a certification of the inclusive dates of previous service performed with the other public system, together with certification from that system that this credit is no longer creditable in the other system. Upon application to retire, the system shall ascertain whether or not the purchased service has been reestablished in the other system. The member must pay the system’s actuary for the computation of cost, and pay the full actuarial [costs] cost as determined by the actuary.

      4.  Any member who has at least 5 years of contributing creditable service may purchase up to 5 years of military service regardless of when served if that service is no longer credited in the military retirement system.


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

ê1981 Statutes of Nevada, Page 111 (Chapter 44, SB 113)ê

 

service may purchase up to 5 years of military service regardless of when served if that service is no longer credited in the military retirement system. To validate military service, the member must provide certification of the inclusive dates of active military service performed, pay the system’s actuary for the computation of cost, and pay the full actuarial cost as determined by the actuary.

      5.  Any contributing member may purchase previous service performed for any public employer, including service as an elected officer or a person appointed to an elective office for an unexpired term. The public employer must certify the inclusive dates of employment and number of hours regularly worked by the member to validate that service. The member must pay the system’s actuary for a computation of cost and pay the full actuarial cost as determined by the actuary.

      6.  [A member who provides proper documentation and establishes the right to purchase any of the service listed in this section may defer payment until actual retirement. Under this subsection, the purchase of service must be based on the full actuarial cost based upon the age of the member at the time of the purchase. Service purchased under this subsection must not be credited until retirement. This service can be used for service retirement eligibility.

      7.  The employing agency may pay any portion of the cost to validate service under this section, but is not required to do so. No credit may be validated unless both the employer and employee contributions have been paid.

      8.  The member or public employer, or both, purchasing credit under this section shall pay the full current administrative fees for each month of service purchased.] A member who participated in a system combined with Social Security may purchase service pursuant to this section if he cancels his membership in the other retirement system, and the fact that Social Security coverage cannot be canceled does not affect his rights under this section. A member may also purchase service performed in another public employment which provided only Social Security coverage.

      Sec. 2.  NRS 286.3005 is hereby amended to read as follows:

      286.3005  1.  [A member who participated in a system combined with Social Security may purchase service pursuant to NRS 286.300 if he cancels his membership in the other retirement system, and the fact that Social Security coverage cannot be canceled does not affect his rights under this section. A member may also purchase service performed in another public employment which provided only Social Security coverage.

      2.]  A member who provides proper documentation and establishes the right to purchase any of the service listed in NRS 286.300 may defer payment until actual retirement. Under this subsection, the purchase of service must be based on the [normal employee and employer contribution rates which are in effect at the time of the member’s retirement times his final average compensation, and without interest.] full actuarial cost based upon the age of the member at the time of purchase. Service purchased under this subsection may not be credited until retirement. This service can be used for service retirement eligibility.

      [3.]2.  The employing agency may pay any portion of the cost to validate service under [this section,] NRS 286.300, but is not required to do so.


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

ê1981 Statutes of Nevada, Page 112 (Chapter 44, SB 113)ê

 

to do so. No credit [, however,] may be validated unless both the employer and the employee contributions have been paid.

      [4.]3.  The member or public employer, or both, purchasing credit under [this section] NRS 286.300 shall pay the full current administrative fees for each month of service purchased.

      Sec. 3.  NRS 286.310 is hereby amended to read as follows:

      286.310  1.  Employees of the state or any of its political subdivisions who are required by federal law to participate in a federal retirement system may not become or remain members of the retirement system established by this chapter, except:

      (a) Persons employed by the state or any of its political subdivisions before July 1, 1967, who:

             (1) Were required to participate in both systems; and

             (2) Filed a written statement with the board within 30 days after July 1, 1967, electing to retain their service credit in the retirement system established by this chapter.

      (b) Employees of the agricultural extension service of the college of agriculture of the University of Nevada who were continued in dual membership in both systems after July 1, 1967. These employees:

             (1) May continue their membership in the retirement system established by this chapter until they respectively complete 23 years of simultaneous service while employed with the agricultural extension service; and

             (2) Are entitled to benefits earned in the retirement system established by this chapter whether or not they receive or have received credit in the federal retirement system for the same period of time and service.

      2.  Persons required by federal law to participate in the federal retirement system may apply for a refund of contributions to the retirement system established by this chapter at any time when they are not covered by that system, and if they subsequently reenter the retirement system established by this chapter as provided in subsection 3 they may repay [such] the withdrawn contributions in the manner provide in this chapter.

      3.  When an employee of an agency or political subdivision of the State of Nevada who has been required by federal law to participate in the federal retirement system is transferred within the same agency or political subdivision to a position not covered by the federal retirement system he [shall] must become a member of the retirement system established by this chapter and is entitled to purchase credit for previous service rendered for the same agency or political subdivision under the retirement system established by this chapter. [as provided in NRS 286.300.]

      4.  Except as provided in subsection [1 of NRS 286.3005] 6 of NRS 286.300 and subsection 1 of this section, it is the intent of this section to prohibit coverage under two retirement systems for the same period of time and service but also to assure that all eligible service rendered to the same agency of the State of Nevada or a political subdivision thereof shall be given retirement coverage under one of the two systems.

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

 

________

 

 


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

ê1981 Statutes of Nevada, Page 113ê

 

CHAPTER 45, AB 27

Assembly Bill No. 27–Assemblymen Dini, Jeffrey and Schofield

CHAPTER 45

AN ACT relating to the appropriation of water; abolishing the requirement of proof of commencement of work; providing for an administrative appeal on cancellation of water permits; and providing other matters properly relating thereto.

 

[Approved March 18, 1981]

 

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

 

      Section 1.  NRS 533.380 is hereby amended to read as follows:

      533.380  1.  In his endorsement of approval upon any application, the state engineer shall:

      (a) [Set a time prior to which actual construction work shall begin, which shall not be more than 1 year form the date of such approval, and order that the work shall be prosecuted diligently and uninterruptedly to completion unless temporarily interrupted by the elements.

      (b)] Set a time prior to which the construction of the work must be completed, which [shall] must be within 5 years of the date of such approval.

      [(c)](b) Set a time prior to which the complete application of water to a beneficial use must be made, which [time shall] must not exceed 10 years from the date of the approval.

      2.  The state engineer may limit the applicant to a less amount of water than that applied for, to a less period of time for the completion of work, and a less period of time for the perfecting of the application than named in the application.

      3.  The state engineer [shall have authority,] may, for good cause shown, [to] extend the time [within which construction work shall begin,] within which construction work shall be completed, or water applied to a beneficial use under any permit therefor issued by the state engineer; but an application for [such] the extension must in all cases be made within 30 days following notice by registered or certified mail that proof of [such] the work is due as provided for in NRS 533.390 and 533.410.

      Sec. 2.  NRS 533.390 is hereby amended to read as follows:

      533.390  1.  Any person holding a permit from the state engineer shall, on or before [30 days after] the date set for the [commencement of work as endorsed thereon, and at other times required by the state engineer, file with the state engineer a statement setting forth the time when, the place where, and the amount of such work as may have been performed by him thereunder in connection with such appropriation; and the person holding a permit shall also, within 30 days after the date set for the] completion of [such] the work, file in detail a description of the work as actually constructed. [, which statement shall] This statement must be verified by the affidavit of the applicant, his agent or his attorney.

      2.  Should any person holding a permit from the state engineer fail [, prior to the date set for such filing in his permit,] to file with the state engineer [proof of commencement of work, or should he fail to file, within 30 days of the date set prior to which proof of completion of the work must be made,] the proof of completion of work, as provided in this chapter, the state engineer shall [, in either case,] advise the holder of the permit, by registered or certified mail, that [the same] it is held for cancellation, and should the holder, within 30 days after the mailing of such advice, fail to file the required affidavit [with] , the state engineer [,] shall cancel the permit.


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

ê1981 Statutes of Nevada, Page 114 (Chapter 45, AB 27)ê

 

of the work must be made,] the proof of completion of work, as provided in this chapter, the state engineer shall [, in either case,] advise the holder of the permit, by registered or certified mail, that [the same] it is held for cancellation, and should the holder, within 30 days after the mailing of such advice, fail to file the required affidavit [with] , the state engineer [,] shall cancel the permit. [shall be canceled and no further proceedings shall be had thereunder.] For good cause shown, upon application made prior to the expiration of the 30-day period, the state engineer may, in his discretion, grant an extension of time in which to file the instruments.

      Sec. 3.  NRS 533.395 is hereby amended to read as follows:

      533.395  1.  If, in the judgment of the state engineer, the holder of any permit to appropriate the public water is not proceeding in good faith and with reasonable diligence to perfect the appropriation, the state engineer may require at any time the submission of such proof and evidence as may be necessary to show a compliance with the law. [The state engineer shall, after duly considering the matter, if,] If, in his judgment, the holder of a permit is not proceeding in good faith and with reasonable diligence to perfect the appropriation, the state engineer shall cancel the permit, and advise the holder of [the permit of the] its cancellation.

      2.  If any permit is canceled under the provisions of NRS 533.390, 533.395 or 533.410, the holder of the permit may within 60 days of the cancellation of the permit file a written petition with the state engineer requesting a review of the cancellation by the state engineer at a public hearing. The state engineer may, after receiving and considering evidence, affirm, modify or rescind the cancellation.

      3.  If the decision of the state engineer modifies or rescinds the cancellation of a permit, the effective date of the appropriation under the permit is vacated and replaced by the date of the filing of the written petition with the state engineer.

      4.  The cancellation of a permit may not be reviewed or be the subject of any judicial proceedings unless a written petition for review has been filed and the cancellation has been affirmed, modified or rescinded pursuant to subsection 2.

      Sec. 4.  NRS 533.410 is hereby amended to read as follows:

      533.410  Should [any] the holder of a permit from the state engineer fail, prior to the date set for [such] filing in his permit, to file with the state engineer proof of application of water to beneficial use, and the accompanying map, if [such] a map is required, the state engineer shall advise the holder of the permit, by registered or certified mail, that the [same] permit is held for cancellation. Should the holder, within 30 days after the mailing of [such advice,] this notice, fail to file the required affidavit and map, if [such] a map is required, [or either of them, with the state engineer,] the state engineer shall cancel the permit. [shall be canceled and no further proceedings shall be had thereunder.] For good cause shown, upon application made prior to the expiration of such 30-day period, the state engineer may, in his discretion, grant an extension of time in which to file the instruments.

      Sec. 5.  NRS 533.435 is hereby amended to read as follows:


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

ê1981 Statutes of Nevada, Page 115 (Chapter 45, AB 27)ê

 

      533.435  1.  The following fees shall be collected by the state engineer:

 

For examining and filing an application for permit to appropriate water            ............................................................................................................. $35.00

The $35 fee shall include the cost of publication, which publication fee is $25.

For examining and filing an application for permit to change the point of diversion, manner of use, or place of use.....................................       40.00

The $40 fee shall include the cost of permit should the same issue thereunder, and the cost of publication of such application, which publication fee is $25.

For issuing and recording permit to appropriate water for irrigation purposes, for each acre to be irrigated, up to and including 100 acres, per acre            ............................................................................................................. .10

For each acre in excess of 100 acres up to and including 1,000 acres..........................................................................           .05

For each acre in excess of 1,000 acres.............................           .03

For issuing and recording permit for power purposes, for each theoretical horsepower to be developed...........................................................           .05

For issuing final certificate under permit for power purposes, for each theoretical horsepower to be developed up to and including 100 horsepower           ............................................................................................................. .25

For each horsepower in excess of 100 horsepower up to and including 1,000 horsepower..................................           .20

For each horsepower in excess of 1,000 horsepower....           .15

For issuing and recording permit to store water........................................       25.00

For issuing final certificate under permit to store water, for each acre-foot of water stored up to and including 1,000 acre-feet.......................           .05

For each acre-foot in excess of 1,000 acre-feet.............           .03

For issuing and recording permit to appropriate water for any other purpose, for each second-foot of water applied for or fraction thereof.......       10.00

For filing secondary permit under reservoir permit..................................         5.00

For approving and recording permit under reservoir permit..................         5.00

[For filing proof of commencement of work............................................        1.00]

For filing proof of completion of work......................................................         1.00

For filing proof of beneficial use.................................................................         1.00

For filing any protest.....................................................................................       10.00

For filing any application for extension of time within which to file proofs        ............................................................................................................. 5.00

For filing any assignment or water right deed, for each water right assigned      ............................................................................................................. 1.00

For filing any other instrument.................................................................... 1.00 For making copy of any document recorded or filed in his office, for the first 100 words.............................................    $1.00

 


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

ê1981 Statutes of Nevada, Page 116 (Chapter 45, AB 27)ê

 

For making copy of any document recorded or filed in his office, for the first 100 words.........................................................................................................       $1.00

For each additional 100 words or fraction thereof.....................           .20

Where the amount exceeds $5, then only the actual cost in excess of that amount shall be charged.

For certifying to copies of documents, records or maps, for each certificate      .................................................................................................................... 1.00

For blueprint copy of any drawing or map, per square foot..................           .15

The minimum charge for a blueprint copy, per print.................         1.00

 

      2.  When fees are not specified in subsection 1 for such other work as may be required of his office, the state engineer shall collect the actual cost of the work.

      3.  The minimum fee for issuing and recording any permit is $10.

      4.  Except as otherwise provided in this subsection, all fees collected by the state engineer under the provisions of this section [shall] must be deposited in the state treasury for credit to the general fund. All fees received for blueprint copies of any drawing or map [shall] must be kept by him and used only to pay costs of printing and maintenance of printing equipment. Any publication fees received which are not used by him for publication expenses [shall] must be returned to the persons who paid the fees. If, after exercising due diligence, the state engineer is unable to make the refunds, he shall deposit the fees in the state treasury for credit to the general fund. The state engineer may maintain, with the approval of the state board of examiners, a checking account in any bank qualified to handle state [moneys for the purpose of carrying] money to carry out the provisions of this subsection. The bank account shall be secured by a depository bond satisfactory to the state board of examiners to the extent the account is not insured by the Federal Deposit Insurance Corporation.

 

________

 

 

CHAPTER 46, AB 59

Assembly Bill No. 59–Assemblymen Glover, Marvel, Dini, Cafferata, Redelsperger, Rackley and Rhoads

CHAPTER 46

AN ACT relating to the taxation of alcohol; establishing standards for determining whether it is used as a fuel or beverage; and providing other matters properly relating thereto.

 

[Approved March 18, 1981]

 

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

 

      Section 1.  Chapter 365 of NRS is hereby amended by adding thereto a new section which shall read as follows:


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

ê1981 Statutes of Nevada, Page 117 (Chapter 46, AB 59)ê

 

      The requirements of this state for determining whether alcohol is produced for use in or as a motor vehicle fuel or for use in or as a liquor are the same as the requirements of the Bureau of Alcohol, Tobacco and Firearms of the United States Department of the Treasury.

      Sec. 2.  Chapter 369 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The requirements of this state for determining whether alcohol is produced for use in or as a motor vehicle fuel or for use in or as liquor are the same as the requirements of the Bureau of Alcohol, Tobacco and Firearms of the United States Department of the Treasury.

 

________

 

 

CHAPTER 47, AB 75

Assembly Bill No. 75–Committee on Elections

CHAPTER 47

AN ACT relating to the registration of voters; removing the provision for reregistration by post card upon notice of cancellation; and providing other matters properly relating thereto.

 

[Approved March 18, 1981]

 

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

 

      Section 1.  NRS 293.545 is hereby amended to read as follows:

      293.545  1.  Immediately after the county commissioners of a county canvass the general election vote, the county clerk shall compare the registrar of voters’ register for each precinct or district in the county with the list of registered voters who voted at the election in each precinct or district as shown by the pollbook or roster returned by the precinct or district election board and the absent ballot central counting board, if one has been appointed, to the county clerk, and he shall remove from the registrar of voters’ register and from the election board register by January 1 of the year following the election the affidavits of registration of all electors who have failed to vote at the election.

      2.  If the affidavit of registration of an elector is canceled pursuant to the provisions of subsection 1, the county clerk shall mail by March 15 of the year following the general election a notice stating that the elector’s affidavit of registration has been canceled because of his failure to vote in the last general election. [The county clerk shall include with that notice a post card containing a form for an affidavit of registration whereby the elector may reregister by completing the post card and mailing it to the county clerk.]

      3.  An absent voter whose ballot is voted and mailed on or before the date of the general election but which arrives too late to be cast and counted [shall] must not be considered as having failed to vote under subsection 1.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 118ê

 

CHAPTER 48, SB 127

Senate Bill No. 127–Committee on Commerce and Labor

CHAPTER 48

AN ACT relating to installment loans; changing the form of the chapter regulating such loans; and providing other matters properly relating thereto.

 

[Approved March 24, 1981]

 

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

 

      Section 1.  Chapter 675 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2.  1.  Except as provided in subsection 3, every licensee may make loans of any amount with cash advance not exceeding $10,000, repayable except as otherwise provided in section 4 of this act, in substantially equal consecutive monthly installments of principal and interest combined, and may charge, contract for, collect and receive a charge for interest at a rate not exceeding the equivalent of the greater of the following:

      (a) The total of:

             (1) Thirty-six percent per year on that part of the unpaid balance of the amount of cash advanced which is $300 or less;

             (2) Twenty-one percent per year on that part of the unpaid balance of the amount of cash advanced which exceeds $300 but does not exceed $1,000; and

             (3) Fifteen percent per year on that part of the unpaid balance of the amount of cash advanced which exceeds $1,000; or

      (b) Eighteen percent per year on the unpaid balance of the amount of cash advanced.

      2.  Except as otherwise provided in this subsection, the charge for interest must be calculated according to the actuarial method, which is the method of allocating payments between principal and interest pursuant to which a payment is applied first to the accumulated interest and the balance, if any, is applied to the unpaid principal. A licensee may, at the time the loan is made, precompute the charge for interest at the agreed-upon rate on the scheduled unpaid principal balances according to the terms of the contract and add that interest to the principal of the loan. Where the charge for interest is precomputed the face amount of any note or contract may exceed $10,000 by the amount of charges authorized by this chapter added to principal. If the charge for interest is precomputed, payments on account may be applied to the combined total of principal and precomputed interest until the contract is fully paid. All payments on account, except those applied to default or deferment charges, must be applied to the installments in the order in which they fall due. The effect of prepayment of a precomputed loan is governed by the provisions relating to refund upon prepayment in full.

      3.  On loans secured by mobile homes or factory-built housing which constitute real estate on real property as defined by NRS 361.035 the charge for interest may not exceed 18 percent on the unpaid balance of the amount of cash advanced.

      Sec. 3.  When a loan contract is for more or less than 1 year, the interest must be computed at one-twelfth the annual rate for each month.


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

ê1981 Statutes of Nevada, Page 119 (Chapter 48, SB 127)ê

 

interest must be computed at one-twelfth the annual rate for each month. For the purpose of computing charges, whether at the maximum rate or less, a month is that period of time from any date in a calendar month to the corresponding date in the following calendar month, but if there is no corresponding date, then to the last day of the following month. A day is one-thirtieth of a month when computation is made for a fraction of a month.

      Sec. 4.  A borrower and licensee may agree that the first installment due date may be not more than 15 days more than 1 month from the date of the loan and the amount of the first installment may be increased by one-thirtieth of the portion of the interest authorized by section 2 of this act which would be attributable to a first installment of 1 month for each extra day.

      Sec. 5.  In the event of a default of more than 7 days in the payment of one-half or more of any scheduled installment on a precomputed loan contract, the licensee may charge and collect a default charge not exceeding an amount equal to the refund that would be required if the loan were prepaid in full 1 month before maturity. The charge may not be collected more than once for the same default and may be collected at the time of the default or at any time thereafter. If the default charge is deducted from any payment received after default occurs and this deduction results in the default of a subsequent installment, no charge may be made for the resulting default.

      Sec. 6.  1.  If, as of an installment due date, the payment dates of all wholly unpaid installments on a precomputed loan contract, on which no default charge has been collected, are deferred one or more full months and the maturity of the contract is extended for a corresponding period, the licensee may charge and collect a deferment charge which may not exceed the difference between the refund that would be required for prepayment in full as of the scheduled due date of the first deferred installment and the amount which would be required for prepayment in full as of 1 month before that date multiplied by the number of months in the deferment period. The deferment period is that period of time in which no payment is made or required by reason of the deferment. No installment on which a default charge has been collected or an account of which any partial payment has been made may be deferred or included in the computation of the deferment charge unless the default charge or partial payment is refunded or credited to the deferment charge. The deferment charge may be collected at the time of the deferment or at any time thereafter and any payment received at the time of the deferment may be applied first to the deferment charge and the remainder, if any, applied to the unpaid balance of the contract. If such payment is sufficient also to pay in full an installment which is in default and the applicable default charge it must be first so applied and such installments may not be deferred nor subject to the default charge.

      2.  If a refund is required during a deferment period the borrower must also receive a refund of that portion of the deferment charge attributable to the unexpired full months of the deferment period.

      Sec. 7.  If a precomputed loan contract is prepaid in full before the final installment date the borrower is entitled to receive a refund of an amount which is at least as great a proportion of the combined total of interest and service charge, excluding any adjustment made for a first period of more than 1 month, as the sum of the periodic time balances following the date determined by the following sentence bears to the sum of all the periodic time balances under the schedule of payments in the original contract.


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

ê1981 Statutes of Nevada, Page 120 (Chapter 48, SB 127)ê

 

final installment date the borrower is entitled to receive a refund of an amount which is at least as great a proportion of the combined total of interest and service charge, excluding any adjustment made for a first period of more than 1 month, as the sum of the periodic time balances following the date determined by the following sentence bears to the sum of all the periodic time balances under the schedule of payments in the original contract. In computing any required refund, any prepayment in full made on or before the 15th day following an installment date shall be deemed to have been made on the installment due date preceding the prepayment in full and if made on or after the 16th day shall be deemed to have been made on the installment due date following such prepayment in full. No refund may be required for partial prepayments and no refund of less than $1 need be made. The tender by the borrower, or at his request, of an amount equal to the unpaid balance less the required refund must be accepted by the licensee in full payment of the contract. If the maturity of the contract is accelerated for any reason, the licensee shall make the same refund as would be required for prepayment in full.

      Sec. 8.  No licensee may induce or permit any person or husband and wife to be obligated, directly or indirectly, under more than one contract of loan at the same time for the purpose of or with the effect of obtaining a higher rate of charge than would otherwise be permitted by this chapter.

      Sec. 9.  In addition to the charges authorized by this chapter, no further or other amount whatsoever may be directly or indirectly charged, contracted for or received from the borrower in connection with a loan made under this chapter except:

      1.  Court costs;

      2.  Reasonable attorneys’ fees fixed and assessed by the court;

      3.  Lawful fees for the filing, recording or releasing in any public office of any instrument securing a loan;

      4.  The identifiable charge or premium for insurance provided for in NRS 675.300 if:

      (a) With respect to insurance on tangible personal property offered as security for the loan, a clear, conspicuous, and specific statement in writing is furnished by the lender to the borrower setting forth the cost of the insurance if obtained from or through the lender and stating that the borrower may choose the person through whom the insurance is to be obtained; or

      (b) With respect to insurance on the life, health or disability of a party obligated on a loan which is taken as security for the loan:

             (1) The insurance is not required by the lender and this fact is clearly and conspicuously disclosed in writing to the borrower; and

             (2) Any borrower desiring the insurance coverage gives specifically dated and separately signed affirmative written indication of this desire after receiving written disclosure to him of the cost of the insurance;

      5.  Fees for noting a lien on or transferring a certificate of title to any motor vehicle offered as security for a loan made under this chapter;

      6.  Reasonable fees of a trustee for preparing and recording reconveyance of any real property securing the loan;


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

ê1981 Statutes of Nevada, Page 121 (Chapter 48, SB 127)ê

 

      7.  The following fees on any loan which is secured in whole or in part by real property:

      (a) Reasonable amounts actually applied in payment of the expense of inspecting or appraising the property offered in connection with the loan, investigating the responsibility of the applicant or procuring or extending any abstract of title or certificate of title insurance covering the property;

      (b) The amount actually paid for the examination of any such abstract or title insurance certificate;

      (c) An escrow fee of a reasonable amount when paid to an independent person in connection with the loan; and

      (d) Attorney’s fees for the preparation of deeds, deeds of trust and other documents in connection with the loan if the attorney is not a salaried employee of the licensee; and

      8.  Reasonable expenses, including compensation of the trustee and his attorney’s fees:

      (a) Upon the proper exercise of a power of sale contained in a mortgage or deed of trust given to secure the loan; or

      (b) Upon judicial foreclosure of any secured interest contained in a mortgage or deed of trust given to secure the loan.

      Sec. 10.  If any amount in excess of the amount authorized by this chapter is charged, contracted for or received, except as the result of an accidental or bona fide error, the licensee has no right to collect or receive any interest.

      Sec. 11.  NRS 675.290 is hereby amended to read as follows:

      675.290  [1.]  For the purposes of [this section,] sections 2 to 10, inclusive, of this act, a loan or refinancing is “precomputed” if the debt is expressed as a sum comprising the principal and the interest charge computed in advance.

      [2.  Except as provided in paragraph (c) of this subsection, every licensee may make loans of any amount with cash advance not exceeding $10,000, repayable except as otherwise provided in subsection 4, in substantially equal consecutive monthly installments of principal and interest combined, and may charge, contract for, collect and receive charges not in excess of the following:

      (a) A charge for interest at a rate not exceeding the equivalent of the greater of the following:

             (1) The total of:

             (I) Thirty-six percent per year on that part of the unpaid balance of the amount of cash advanced which is $300 or less;

            (II) Twenty-one percent per year on that part of the unpaid balance of the amount of cash advanced which exceeds $300 but does not exceed $1,000; and

             (III) Fifteen percent per year on that part of the unpaid balance of the amount of cash advanced which exceeds $1,000.

             (2) Eighteen percent per year on the unpaid balance of the amount of cash advanced.

      (b) The charge for interest must be calculated according to the actuarial method, which is the method of allocating payments between principal and interest pursuant to which a payment is applied first to the accumulated interest and the balance, if any, is applied to the unpaid principal.


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

ê1981 Statutes of Nevada, Page 122 (Chapter 48, SB 127)ê

 

the accumulated interest and the balance, if any, is applied to the unpaid principal. A licensee may, at the time the loan is made, precompute the charge for interest at the agreed-upon rate on the scheduled unpaid principal balances according to the terms of the contract and add that interest to the principal of the loan. Where the charge for interest is precomputed the face amount of any note or contract may exceed $10,000 by the amount of charges authorized by this chapter added to principal. If the charge for interest is precomputed, payments on account may be applied to the combined total of principal and precomputed interest until the contract is fully paid. All payments on account, except those applied to default or deferment charges, must be applied to the installments in the order in which they fall due. The effect of prepayment of a precomputed loan is governed by the provisions relating to refund upon prepayment in full.

      (c) On loans secured by mobile homes or factory-built housing which constitute real estate on real property as defined by NRS 361.035 the charge for interest may not exceed 18 percent on the unpaid balance of the amount of cash advanced.

      (d) In the event of a default of more than 7 days in the payment of one-half or more of any scheduled installment on a precomputed loan contract, the licensee may charge and collect a default charge not exceeding an amount equal to the refund that would be required if the loan were prepaid in full 1 month prior to maturity. The charge may not be collected more than once for the same default and may be collected at the time of such default or at any time thereafter. If such default charge is deducted from any payment received after default occurs and such deduction results in the default of a subsequent installment, no charge may be made for the resulting default.

      (e) If, as of an installment due date, the payment dates of all wholly unpaid installments on a precomputed loan contract, on which no default charge has been collected, are deferred one or more full months and the maturity of the contract is extended for a corresponding period, the licensee may charge and collect a deferment charge which shall not exceed the difference between the refund that would be required for prepayment in full as of the scheduled due date of the first deferred installment and the amount which would be required for prepayment in full as of 1 month prior to such date multiplied by the number of months in the deferment period. The deferment period is that period of time in which no payment is made or required by reason of the deferment. No installment on which a default charge has been collected or on account of which any partial payment has been made may be deferred or included in the computation of the deferment charge unless such default charge or partial payment is refunded or credited to the deferment charge. The deferment charge may be collected at the time of the deferment or at any time thereafter and any payment received at the time of the deferment may be applied first to the deferment charge and the remainder, if any, applied to the unpaid balance of the contract. If such payment is sufficient also to pay in full an installment which is in default and the applicable default charge it must be first so applied and such installment shall not be deferred nor subject to the default charge.


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

ê1981 Statutes of Nevada, Page 123 (Chapter 48, SB 127)ê

 

If a refund is required during a deferment period the borrower must also receive a refund of that portion of the deferment charge attributable to the unexpired full months of the deferment period.

      3.  If a precomputed loan contract is prepaid in full before the final installment date the borrower shall receive a refund of an amount which shall be at least as great a proportion of the combined total of interest and service charge, excluding any adjustment made for a first period of more than 1 month, as the sum of the periodic time balances following the date determined by the following sentence bears to the sum of all the periodic time balances under the schedule of payments in the original contract. In computing any required refund, any prepayment in full made on or before the 15th day following an installment date shall be deemed to have been made on the installment due date preceding such prepayment in full and if made on or after the 16th day shall be deemed to have been made on the installment due date following such prepayment in full. No refund may be required for partial prepayments and no refund of less than $1 need be made. The tender by the borrower, or at his request, of an amount equal to the unpaid balance less the required refund must be accepted by the licensee in full payment of the contract. If the maturity of the contract is accelerated for any reason, the licensee shall make the same refund as would be required for prepayment in full.

      4.  When a loan contract is for more or less than 1 year, the interest must be computed at one-twelfth the annual rate for each month. For the purpose of computing charges, whether at the maximum rate or less, a month shall be that period of time from any date in a calendar month to the corresponding date in the following calendar month, but if there is no such corresponding date, then to the last day of such following month. A day is one-thirtieth of a month when computation is made for a fraction of a month.

      5.  A borrower and licensee may agree that the first installment due date may be not more than 15 days more than 1 month from the date of the loan and the amount of such first installment may be increased by one-thirtieth of the portion of the interest authorized by paragraph (a) of subsection 2 which would be attributable to a first installment of 1 month for each extra day.

      6.  No licensee may induce or permit any person or husband and wife to be obligated, directly or indirectly, under more than one contract of loan at the same time for the purpose of or with the effect of obtaining a higher rate of charge than would otherwise be permitted by this section.

      7.  In addition to the charges herein provided for, no further or other amount whatsoever shall be directly or indirectly charged, contracted for or received from the borrower in connection with a loan made under this chapter except:

      (a) Court costs.

      (b) Reasonable attorneys’ fees fixed and assessed by the court.

      (c) Lawful fees for the filing, recording or releasing in any public office of any instrument securing a loan.

      (d) The identifiable charge or premium for insurance provided for in NRS 675.300 if:


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

ê1981 Statutes of Nevada, Page 124 (Chapter 48, SB 127)ê

 

             (1) With respect to insurance on tangible personal property offered as security for the loan, a clear, conspicuous, and specific statement in writing is furnished by the lender to the borrower setting forth the cost of the insurance if obtained from or through the lender and stating that the borrower may choose the person through whom the insurance is to be obtained; or

             (2) With respect to insurance on the life, health or disability of a party obligated on a loan which is taken as security for the loan:

             (I) The insurance is not required by the lender and this fact is clearly and conspicuously disclosed in writing to the borrower; and

             (II) Any borrower desiring the insurance coverage gives specifically dated and separately signed affirmative written indication of this desire after receiving written disclosure to him of the cost of the insurance.

      (e) Fees for noting a lien on or transferring a certificate of title to any motor vehicle offered as security for a loan made under this chapter.

      (f) Reasonable fees of a trustee for preparing and recording a reconveyance of any real property securing the loan.

      (g) The following fees on any loan which is secured in whole or in part by real property:

             (1) Reasonable amounts actually applied in payment of the expense of inspecting or appraising the property offered in connection with the loan, investigating the responsibility of the applicant or procuring or extending any abstract of title or certificate of title insurance covering the property;

             (2) The amount actually paid for the examination of any such abstract or title insurance certificate;

             (3) An escrow fee of a reasonable amount when paid to an independent person in connection with the loan; and

             (4) Attorney’s fees for the preparation of deeds, deeds of trust and other documents in connection with the loan if the attorney is not a salaried employee of the licensee.

      (h) Reasonable expenses, including compensation of the trustee and his attorney’s fees:

             (1) Upon the proper exercise of a power of sale contained in a mortgage or deed of trust given to secure the loan; or

             (2) Upon judicial foreclosure of any secured interest contained in a mortgage or deed of trust given to secure the loan.

      8.  If any amount in excess of the amounts authorized by this chapter is charged, contracted for or received, except as the result of an accidental or bona fide error, the licensee shall have no right to collect or receive any interest.]

      Sec. 12.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 125ê

 

CHAPTER 49, SB 150

Senate Bill No. 150–Committee on Legislative Affairs

CHAPTER 49

AN ACT relating to the diction of Nevada Revised Statutes; replacing “and/or” with an appropriate term; and providing other matters properly relating thereto.

 

[Approved March 24, 1981]

 

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

 

      Section 1.  NRS 21.025 is hereby amended to read as follows:

      21.025  A writ of execution issued on a judgment for the recovery of money [shall] must be substantially in the following form:

(Title of the Court)

(Number and abbreviated title of the case)

EXECUTION

THE PEOPLE OF THE STATE OF NEVADA:

To the sheriff of .............................. County.

Greetings:

      On ...................., 19....., a judgment was entered by the above-entitled court in the above-entitled action in favor of .................... as judgment creditor and against .................... as judgment debtor for

$.................... principal,

$.................... attorney fees,

$.................... interest, and

$.................... costs, making a total amount of

$.................... the judgment as entered, and

      WHEREAS, according to an affidavit [and/or] or a memorandum of costs after judgment, or both, filed herein, it appears that further sums have accrued since the entry of judgment, to wit:

$.................... accrued interest, and

$.................... accrued costs, together with $.................... fee, for the issuance of this writ, making a total of

$.................... as accrued costs, accrued interest and fees.

Credit must be given for payments and partial satisfactions in the amount of

$....................

which is to be first credited against the total accrued costs and accrued interest, with any excess credit against the judgment as entered, leaving a net balance of

$....................

actually due on the date of the issuance of this writ, of which

$....................

bears interest at 7 percent per annum, in the amount of $.................... per day, from the date of judgment to the date of levy, to which must be added the commissions and costs of the officer executing this writ.

      NOW, THEREFORE, SHERIFF OF .............................. COUNTY, you are hereby commanded to satisfy [such] this judgment with interest and costs as provided by law, out of the personal property of [such] the judgment debtor, except that for any pay period, 75 percent of the disposable earnings of [such] the debtor during [such] this period, or the amount by which his disposable earnings for [such] this period exceed 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater, is exempt from any levy of execution pursuant to this writ, and if sufficient personal property cannot be found, then out of the real property belonging to [such] the debtor in the aforesaid county, and make return to this writ within not less than 10 days nor more than 60 days endorsed thereon with what you have done.


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

ê1981 Statutes of Nevada, Page 126 (Chapter 49, SB 150)ê

 

amount by which his disposable earnings for [such] this period exceed 30 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938 and in effect at the time the earnings are payable, whichever is greater, is exempt from any levy of execution pursuant to this writ, and if sufficient personal property cannot be found, then out of the real property belonging to [such] the debtor in the aforesaid county, and make return to this writ within not less than 10 days nor more than 60 days endorsed thereon with what you have done.

      Dated:  This ..... day of ...................., 19.....

                                                                                            ........................................................... , Clerk.

                                                                                     By .............................................. , Deputy Clerk.

      Sec. 2.  NRS 128.080 is hereby amended to read as follows:

      128.080  The notice [shall] must be in substantially the following form:

In the .................... Judicial District Court of the State of Nevada, in and for the County of .....................

In the matter of parental rights

as to .............................., a minor.

Notice

      To .............................., the father [and/or] or .............................., the mother of the above-named person; or, to the father [and/or] and mother of the above-named person, and to all persons claiming to be the father [and/or] or mother of [such] this person; or to .............................., related to the above-named minor as ..............................:

      You are hereby notified that there has been filed in the above-entitled court a petition praying for the termination of parental rights over the above-named minor person, and that the petition has been set for hearing before this court, at the courtroom thereof, at ...................., in the County of ...................., on the ..... day of ...................., 19....., at .......... o’clock ......m., at which time and place you are required to be present if you desire to oppose the petition.

      Dated .............................., 19......

                                                                                            ...........................................................

                                                                                                                     Clerk of Court.

                    (seal)                                                            By......................................................

                                                                                                                                  Deputy.

      Sec. 3.  NRS 598.250 is hereby amended to read as follows:

      598.250  A seller must furnish every buyer with a fully completed form in duplicate, captioned “NOTICE OF CANCELLATION,” which [shall] must be attached to the contract or receipt and easily detachable, and which [shall] must contain in boldface type the following information and statements in the same language as that used in the contract:

NOTICE OF CANCELLATION

(Enter date of transaction)

                                                                                                                                                                                                Date

       You may cancel this transaction, without any penalty or obligation, except as provided by law, within 3 business days from the above date.

       If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.


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

ê1981 Statutes of Nevada, Page 127 (Chapter 49, SB 150)ê

 

under the contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.

       If you cancel, you must make available to the seller at reasonable times at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you must in the alternative comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.

       If the seller does not either provide instructions for the return of the goods to the seller [and/or if the seller does not] or pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation.

      To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to .............................. at .....................................................................................

                                                                (Name of seller)               (Address of seller’s place of business)

not later than midnight of .........................................

I hereby cancel this transaction.

..................................................

                    (Date)

                                                                                   .......................................................

                                                                                              (Buyer’s signature)

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

 

________

 

 

CHAPTER 50, SB 221

Senate Bill No. 221–Senator Glaser (by request)

CHAPTER 50

AN ACT relating to telephones and telegraph; eliminating the exemption of operators, clerks and employees of telegraph and telephone companies from militia and jury duty; and providing other matters properly relating thereto.

 

[Approved March 24, 1981]

 

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

 

      Section 1.  NRS 707.150 is hereby repealed.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 128ê

 

CHAPTER 51, AB 18

Assembly Bill No. 18–Assemblymen Stewart, Hayes, Malone, Horn, Bennett and Brady

CHAPTER 51

AN ACT relating to juvenile offenders; providing specific jurisdiction to judges in certain cases involving juveniles; and providing other matters properly relating thereto.

 

[Approved March 24, 1981]

 

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

 

      Section 1.  Chapter 62 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Judges of juvenile courts may administer programs which provide for restitution to victims of crimes by the children who have committed such crimes.

      Sec. 2.  NRS 62.200 is hereby amended to read as follows:

      62.200  1.  If the court finds that the child is within the purview of this chapter, it shall so decree and may, by order duly entered, proceed as follows:

      (a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court may determine.

      (b) Commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children, or place him in a family home. In committing a child to a private institution or agency the court shall select one that is required to be licensed by the department of human resources to care for such children, or, if such institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Nevada girls training center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.

      (c) Order such medical, psychiatric, psychologic or other care and treatment as the court deems to be for the best interests of the child, except as herein otherwise provided.

      (d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct or neglect which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.

      (e) Place the child, when he is not in school, under the supervision of a public organization to work on public projects. The person under whose supervision the child is placed shall keep such child busy and well supervised and shall make such reports to the court as it may require.

      (f) Permit the child to reside in a residence without the immediate supervision of an adult, or exempt the child from mandatory school attendance so that the child may be employed full time, or both, if the child is at least 16 years of age, has demonstrated the capacity to benefit from such placement or exemption and is under the strict supervision of the juvenile division.


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

ê1981 Statutes of Nevada, Page 129 (Chapter 51, AB 18)ê

 

      (g) Require the child to participate in a program designed to provide restitution to the victim or victims of crimes which the child has committed.

      2.  At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.

      3.  An adjudication by the court upon the status of any child shall not operate to impose any of the civil disabilities ordinarily resulting from conviction, nor shall any child be deemed a criminal by reason of such adjudication, nor shall such adjudication be deemed a conviction, nor shall any child be charged with crime or convicted in any court, except as provided in NRS 62.080. This disposition of a child or any evidence given in the court shall not operate to disqualify the child in any future civil service application or appointment; nor shall the name (except as otherwise provided in subsection 4) or race of any such child in connection with any proceedings under this chapter be published in or broadcasted or aired by any news medium without a written order of the court.

      4.  If there have been two prior adjudications that a child has committed offenses which would be felonies if committed by an adult, and the child is charged under this chapter with another such offense, the name of the child and the nature of the charges against him may be released and made available for publication and broadcast.

      5.  Whenever the court commits a child to any institution or agency it shall transmit at the time the child is received at the institution or prior thereto a summary of its information concerning the child. The institution or agency shall give to the court such information concerning such child as the court may at any time require.

 

________

 

 

CHAPTER 52, AB 41

Assembly Bill No. 41–Committee on Judiciary

CHAPTER 52

AN ACT relating to traffic laws; providing a penalty for failure to obtain a permit for mounting flashing amber warning lights and for their improper use; and providing other matters properly relating thereto.

 

[Approved March 24, 1981]

 

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

 

      Section 1.  NRS 484.579 is hereby amended to read as follows:

      484.579  1.  It is unlawful to operate or display a flashing amber warning light on a vehicle except when an unusual traffic hazard exists. This subsection does not prohibit the use of amber lights in electric turn signals.

      2.  It is unlawful for any person to mount flashing amber warning lights permanently on a vehicle without a permit from the Nevada highway patrol.


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

ê1981 Statutes of Nevada, Page 130 (Chapter 52, AB 41)ê

 

      3.  The Nevada highway patrol, upon written application, shall issue a permit [for the operation of] to mount a flashing amber light [for the following:] on:

      (a) Public utility vehicles.

      (b) Tow trucks.

      (c) Vehicles engaged in activities which create a public hazard upon the streets or highways.

      (d) Vehicles of coroners and their deputies.

      (e) Vehicles of Civil Air Patrol rescue units.

      (f) Vehicles of authorized sheriffs’ jeep squadrons.

      [2.]4.  Such permits expire on June 30 of each calendar year.

      [3.]5.  The Nevada highway patrol shall charge and collect the following fees for the issuance of a permit for the operation of a flashing amber light:

      (a) Permit for a single vehicle...................................................................................    $2

      (b) Blanket permit for more than 5 but less than 15 vehicles............................    12

      (c) Blanket permit for 15 vehicles or more............................................................    24

      [4.  Subsection 3 does]6. Subsections 1 and 2 do not apply to an agency of any state or political subdivision thereof, or to an agency of the United States Government.

      [5.]7.  All fees collected by the Nevada highway patrol pursuant to this section [shall] must be deposited with the state treasurer for credit to the motor vehicle fund.

      Sec. 2.  NRS 484.581 is hereby repealed.

 

________

 

 

CHAPTER 53, AB 61

Assembly Bill No. 61–Committee on Government Affairs

CHAPTER 53

AN ACT relating to planned unit developments; authorizing industrial and commercial planned unit developments; and providing other matters properly relating thereto.

 

[Approved March 24, 1981]

 

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

 

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

      1.  “Planned unit development” means an area of land controlled by a landowner, which is to be developed as a single entity for one or more planned unit residential developments, one or more public, quasi-public, commercial or industrial areas, or both, within proportions of nonresidential uses to residential uses specified in the zoning ordinance.

      2.  Unless otherwise stated, “planned unit development” includes the term “planned unit residential development”.

      Sec. 2.  NRS 278A.020 is hereby amended to read as follows:

      278A.020  [In order that] The legislature finds that the provisions of this chapter are necessary to further the public health, safety, morals and general welfare [be furthered] in an era of increasing urbanization and of growing demand for housing of all types and design; [and in order] to provide for necessary commercial and industrial facilities conveniently located to that housing ; to encourage a more efficient use of land, public services or private services in lieu thereof; to reflect changes in the technology of land development so that resulting economies may be made available to those who need homes; to insure that increased flexibility of substantive regulations over land development authorized in this chapter be administered in such a way as to encourage the disposition of proposals for land development without undue delay, [the provisions of this chapter] and are created for the use of cities and counties in the adoption of the necessary ordinances.


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

ê1981 Statutes of Nevada, Page 131 (Chapter 53, AB 61)ê

 

and general welfare [be furthered] in an era of increasing urbanization and of growing demand for housing of all types and design; [and in order] to provide for necessary commercial and industrial facilities conveniently located to that housing ; to encourage a more efficient use of land, public services or private services in lieu thereof; to reflect changes in the technology of land development so that resulting economies may be made available to those who need homes; to insure that increased flexibility of substantive regulations over land development authorized in this chapter be administered in such a way as to encourage the disposition of proposals for land development without undue delay, [the provisions of this chapter] and are created for the use of cities and counties in the adoption of the necessary ordinances.

      Sec. 3.  NRS 278A.040 is hereby amended to read as follows:

      278A.040  “Common open space” means a parcel or parcels of land or an area of water or a combination of land and water within the site designated for a planned unit [residential] development which is designed and intended for the use or enjoyment of the residents or owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of [such residents.] the residents or owners of the development.

      Sec. 4.  NRS 278A.050 is hereby amended to read as follows:

      278A.050  “Landowner” means the legal or beneficial owner or owners of all the land proposed to be included in a planned unit [residential] development. The holder of an option or contract of purchase, a lessee having a remaining term of not less than 30 years, or another person having an enforceable proprietary interest in [such] the land is a landowner for the purposes of this chapter.

      Sec. 5.  NRS 278A.060 is hereby amended to read as follows:

      278A.060  “Plan” means the provisions for development of a planned unit [residential] development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, private streets, ways and parking facilities, common open space and public facilities. The phrase “provisions of the plan” means the written and graphic materials referred to in this section.

      Sec. 6.  NRS 278A.090 is hereby amended to read as follows:

      278A.090  [1.]  Each ordinance enacted pursuant to the provisions of this chapter [shall] must set forth the standards and conditions by which a proposed planned unit [residential] development [shall be] is evaluated.

      [2.  The city or county may prescribe, from time to time, regulations to supplement the standards and conditions set forth in the ordinance, if the regulations are made a matter of public record.

      3.  Any amendment or change of the regulations does not apply to any plan for which an application for tentative approval is made prior to the placing of public record any such amendment or change.]

      Sec. 7.  NRS 278A.100 is hereby amended to read as follows:

      278A.100  An ordinance enacted pursuant to the provisions of this chapter [shall] must set forth the uses permitted in a planned unit [residential] development.


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

ê1981 Statutes of Nevada, Page 132 (Chapter 53, AB 61)ê

 

      Sec. 8.  NRS 278A.110 is hereby amended to read as follows:

      278A.110  1.  An ordinance enacted pursuant to the provisions of this chapter [shall] must establish standards governing the density or intensity of land use in a planned [residential] unit development.

      2.  The standards [shall] must take into account the possibility that the density or intensity of land use otherwise allowable on the site under the provisions of a zoning ordinance previously enacted may not be appropriate for a planned unit [residential] development. The standards may vary the density or intensity of land use otherwise applicable to the land within the planned unit [residential] development in consideration of:

      (a) The amount, location and proposed use of common open space.

      (b) The location and physical characteristics of the site of the proposed planned [residential] development.

      (c) The location, design and type of dwelling units.

      (d) The criteria for approval of a tenative map of a subdivision.

      3.  In the case of a planned unit [residential] development which is proposed to be developed over a period of years, [such] the standards may, to encourage the flexibility of [housing] density, design and type intended by the provisions of this chapter, authorize a departure from the density or intensity of use established for the entire planned unit [residential] development in the case of each section to be developed. The ordinance may authorize the city or county to allow for a greater concentration of density or intensity of land use within some section or sections of development whether or not it be earlier or later in the development than with regard to the others. The ordinance may require that the approval by the city or county of a greater concentration of density or intensity of land use for any section to be developed be offset by a smaller concentration in any completed prior stage or by an appropriate reservation of common open space on the remaining land by a grant of easement or by covenant in favor of the city or county, but [such reservation shall,] the reservation must, as far as practicable, defer the precise location of [such] the common open space until an application for final approval is filed so that flexibility of development, which is a prime objective of this chapter, can be maintained.

      Sec. 9.  NRS 278A.120 is hereby amended to read as follows:

      278A.120  The standards for a planned unit [residential] development established by an ordinance enacted pursuant to the provisions of this chapter [shall] must require that any common open space resulting from the application of standards for density or intensity of land use be set aside for the use and benefit of the residents [in such] or owners of the development and [shall] must include provisions by which the amount and location of any common open space [shall be] is determined and its improvement and maintenance secured. [for common open space use be secured, subject to the provisions of NRS 278A.130 to 278A.190, inclusive.]

      Sec. 10.  NRS 278A.130 is hereby amended to read as follows:

      278A.130  1.  The ordinance [shall] must provide that the city or county may [, at any time and from time to time,] accept the dedication of land or any interest therein for public use and maintenance, but the ordinance [shall] must not require, as a condition of the approval of a planned unit [residential] development, that land proposed to be set aside for common open space be dedicated or made available to public use.


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ê1981 Statutes of Nevada, Page 133 (Chapter 53, AB 61)ê

 

of a planned unit [residential] development, that land proposed to be set aside for common open space be dedicated or made available to public use. The ordinance may require that the landowner provide for and establish an organization for the ownership and maintenance of any common open space, and that [such] the organization [shall] may not be dissolved [nor shall it] or dispose of any common open space by sale or otherwise, without first offering to dedicate [such] the common open space to the city or [county, which offer shall] county. That offer must be accepted or rejected within 120 days.

      2.  The ordinance may authorize [such] the organization to make reasonable assessments to meet its necessary expenditures for maintaining the common open space in reasonable order and condition in accordance with the plan. The assessments [shall] must be made ratably against the properties within the planned unit [residential] development that have a right of enjoyment of the common open space. The ordinance may provide for agreement between the organization and the property owners providing:

      (a) A reasonable method for notice and levy of the assessment; and

      (b) For the subordination of the liens securing [such] the assessment to other liens either generally or specifically described.

      Sec. 11.  NRS 278A.140 is hereby amended to read as follows:

      278A.140  An organization established [pursuant to NRS 278A.130] for the ownership and maintenance of common open space which receives payments from owners of property within the planned unit [residential] development for [such] the maintenance shall:

      1.  Immediately deposit [such] the payments in a separate trust account maintained by it with some bank or recognized depositary in this state.

      2.  Keep records of all [such] payments deposited therein and all disbursements therefrom.

      Sec. 12.  NRS 278A.150 is hereby amended to read as follows:

      278A.150  1.  Any reasonable assessment upon any property within the planned unit [residential] development [levied pursuant to NRS 278A.130 shall be] is a debt of the owner thereof at the time the assessment is made. The amount of the assessment plus interest, costs including attorney fees and penalties [shall be] is a lien upon the property assessed when the organization causes to be recorded with the county recorder of the county wherein the development is located a notice of assessment which [shall state:] states:

      (a) The amount of the assessment and interest, costs and penalties;

      (b) A description of the property against which [the same] it has been assessed; and

      (c) The name of the record owner of the property.

[Such notice shall] The notice must be signed by an authorized representative of the organization or as otherwise agreed. Upon payment or other satisfaction of the assessment and charges, the organization shall cause to be recorded a further notice stating the satisfaction and the release of the lien.

      2.  [Such lien shall be] The lien is prior to property taxes and assessments recorded subsequent to the recordation of the notice of assessment except where the agreement provides for its subordination to other liens and encumbrances.


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ê1981 Statutes of Nevada, Page 134 (Chapter 53, AB 61)ê

 

to other liens and encumbrances. Unless sooner satisfied and released or its enforcement initiated, [as provided in NRS 278A.160,] the lien [shall expire and be of no further force or effect] expires 2 years from the date of recordation of the notice of assessment, but the 2-year period may be extended by the organization for not more than 2 additional years by recording a written extension thereof.

      3.  [Such] The lien may be enforced by sale by the organization, its agent or attorney after failure of the owner to pay [such] the assessment in accordance with its terms. [Such sale shall] The sale must be conducted in accordance with the provisions of Covenants Nos. 6, 7 and 8 of NRS 107.030 and 107.090 insofar as they are consistent with the provisions of NRS 278A.160, or in any other manner so consistent and permitted by law. Unless otherwise provided by agreement the organization, if it is a corporation, cooperative association, partnership or natural person, may [bid in] purchase the property at foreclosure sale and hold, lease, mortgage and convey it.

      Sec. 13.  NRS 278A.160 is hereby amended to read as follows:

      278A.160  1.  The power of sale conferred in NRS 278A.150 [shall] may not be exercised until:

      (a) The organization, its agent or attorney has first executed and caused to be recorded with the recorder of the county [wherein] in which the property is located a notice of default and election to sell the property or cause its sale to satisfy the assessment lien; and

      (b) The property owner or his successor in interest has failed to pay the amount of the lien including costs, fees and expenses incident to its enforcement for a period of 60 days. [computed as prescribed in subsection 2.]

      2.  The 60-day period [provided in subsection 1 shall commence] commences on the first day following the day upon which the notice of default and election to sell is recorded [as herein provided] and a copy of the notice is mailed by certified [or registered] mail with postage prepaid to the property owner or to his successor in interest at his address if [such] the address is known, otherwise to the address of the property. The notice [shall] must describe the deficiency in payment.

      3.  The organization, its agent or attorney shall, after expiration of the 60-day period and [prior to] before selling the property, give notice of the time and place of the sale in the manner and for a time not less than that required by law for the sale of real property upon execution, except that a copy of the notice of sale [shall] must be mailed on or before the first publication or posting [required by NRS 21.130] by certified [or registered] mail with postage prepaid to the property owner or to his successor in interest at his address if [such] that address is known, otherwise to the address of the property. The sale itself may be made at the office of the organization if the notice so provided, whether the property is located within the same county as the office of the organization or not.

      4.  Every sale made under the provisions of NRS 278A.150 vests in the purchaser the title of the property owner without equity or right of redemption.

      Sec. 14.  NRS 278A.180 is hereby amended to read as follows:

      278A.180  1.  If the organization established to own and maintain common open space, or any successor organization, at any time after the establishment of a planned unit [residential] development, fails to maintain the common open space in a reasonable order and condition in accordance with the plan, the city or county may serve written notice upon [such] that organization or upon the residents of the planned unit [residential] development, setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition.


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ê1981 Statutes of Nevada, Page 135 (Chapter 53, AB 61)ê

 

common open space, or any successor organization, at any time after the establishment of a planned unit [residential] development, fails to maintain the common open space in a reasonable order and condition in accordance with the plan, the city or county may serve written notice upon [such] that organization or upon the residents of the planned unit [residential] development, setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition. [Such notice shall] The notice must include a demand that [such] the deficiencies of maintenance be cured within 30 days [of] after the receipt of [such notice and shall] the notice and must state the date and place of a hearing [thereon, which shall] thereon. The hearing must be within 14 days of the receipt of [such] the notice.

      2.  At [such] the hearing the city or county may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they [shall] must be cured. If the deficiencies set forth in the original notice or in the modification thereof are not cured within the 30-day period, or any extension thereof, the city or county, in order to preserve the taxable values of the properties within the planned unit [residential] development and to prevent the common open space from becoming a public nuisance, may enter upon [such] the common open space and maintain it for a period of 1 year.

      3.  [Such entry and maintenance shall] Entry and maintenance does not vest in the public any right to use the common open space except when such a right is voluntarily dedicated to the public by the owners.

      4.  Before the expiration of the period of maintenance set forth in subsection 2, the city or county shall, upon its own initiative or upon the request of the organization previously responsible for the maintenance of the common open space, call a public hearing upon notice to [such] the organization or to the residents of the planned unit [residential] development, to be held by the city or county. At this hearing [such] the organization or the residents of the planned unit [residential] development shall show cause why [such] the maintenance by the city or county [shall] need not, at the election of the city or county, continue for a succeeding year.

      5.  If the city or county determines that [such] the organization is ready and able to maintain the common open space in a reasonable condition, the city or county shall cease its maintenance at the end of [such] the year.

      6.  If the city or county determines [such] the organization is not ready and able to maintain the common open space in a reasonable condition, the city or county may, in its discretion, continue the maintenance of the common open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter.

      7.  The decision of the city or county in any [such] case referred to it in this section constitutes a final administrative decision subject to review. [in accordance with the provisions of law.]

      Sec. 15.  NRS 278A.190 is hereby amended to read as follows:

      278A.190  1.  The total cost of [such] the maintenance undertaken by the city or county [shall be] is assessed ratably against the properties within the planned unit [residential] development that have a right of enjoyment of the common open space, and [shall become] becomes a tax lien on [such] the properties.


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ê1981 Statutes of Nevada, Page 136 (Chapter 53, AB 61)ê

 

      2.  The city or county, at the time of entering upon [such] the common open space [for the purpose of maintenance, shall] to maintain it, must file a notice of [such] the lien in the appropriate recorder’s office upon the properties affected by [such] the lien within the planned unit [residential] development.

      Sec. 16.  NRS 278A.210 is hereby amended to read as follows:

      278A.210  1.  The authority granted a city or county by law to establish standards for the location, width, course and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, street lights, parks, playgrounds, school grounds, storm water drainage, water supply and distribution, sanitary sewers and sewage collection and treatment, applies to such improvements within a planned unit [residential] development.

      2.  The standards applicable to a planned unit [residential] development may be different from or modifications of the standards and requirements otherwise required of subdivisions which are authorized under an ordinance. [enacted pursuant to the provisions of law.]

      Sec. 17.  NRS 278A.220 is hereby amended to read as follows:

      278A.220  1.  An ordinance enacted pursuant to this chapter [shall] must set forth the standards and criteria by which the design, bulk and location of buildings [shall be] is evaluated, and all standards and all criteria for any feature of a planned unit [residential] development [shall] must be set forth in [such] that ordinance with sufficient certainty to provide work criteria by which specific proposals for a planned unit [residential] development can be evaluated.

      2.  Standards in [such ordinance shall] the ordinance must not unreasonably restrict the ability of the landowner to relate the plan to the particular site and to the particular demand for housing existing at the time of development.

      Sec. 18.  NRS 278A.240 is hereby amended to read as follows:

      278A.240  A planned unit residential development may consist of attached or detached single family units, townhouses, cluster units, condominiums, garden apartments or any combination thereof.

      Sec. 19.  NRS 278A.380 is hereby amended to read as follows:

      278A.380  1.  The enforcement and modification of the provisions of the plan as finally approved, whether or not these are recorded by plat, covenant, easement or otherwise, are subject to the provisions contained in NRS 278A.390 to 278A.410, inclusive.

      2.  [Such] The enforcement and modification [shall] of the provisions of the plan must be to further the mutual interest of the residents and owners of the planned unit [residential] development and of the public in the preservation of the integrity of the plan as finally approved. The enforcement and modification of provisions [are] must be drawn also to insure that modifications, if any, in the plan will not impair the reasonable reliance of the residents and owners upon the provisions of the plan [nor] or result in changes that would adversely affect the public interest.

      Sec. 20.  NRS 278A.390 is hereby amended to read as follows:

      278A.390  The provisions of the plan relating to:

      1.  The use of land and the use, bulk and location of buildings and structures;


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ê1981 Statutes of Nevada, Page 137 (Chapter 53, AB 61)ê

 

      2.  The quantity and location of common open space; [and]

      3.  The intensity of use or the density of residential [units, shall] units; and

      4.  The ratio of residential to nonresidential uses,

must run in favor of the city or county and [shall be] are enforceable in law [or in equity] by the city or county, without limitation on any powers of regulation [otherwise granted] of the city or county. [by law.]

      Sec. 21.  NRS 278A.410 is hereby amended to read as follows:

      278A.410  All [those] provisions of the plan authorized to be enforced by the city or county [under NRS 278A.390] may be modified, removed or released by the city or county, except grants or easements relating to the service or equipment of a public utility unless expressly consented to by the public utility, subject to the following conditions:

      1.  No such modification, removal or release of the provisions of the plan by the city or county may affect the rights of the residents of the planned unit residential development to maintain and enforce those provisions. [at law or in equity as provided in NRS 278A.400.]

      2.  No modification, removal or release of the provisions of the plan by the city or county is permitted except upon a finding by the city or county, following a public hearing [called and held in accordance with the appropriate provisions of this chapter, that it is] that it:

      (a) Is consistent with the efficient development and preservation of the entire planned unit [residential] development [, does] ;

      (b) Does not adversely affect either the enjoyment of land abutting upon or across a street from the planned unit [residential] development or the public interest [,] ; and [is]

      (c) Is not granted solely to confer a private benefit upon any person.

      Sec. 22.  NRS 278A.420 is hereby amended to read as follows:

      278A.420  Residents of the planned unit residential development may, to the extent and in the manner expressly authorized by the provisions of the plan, modify, remove or release their rights to enforce the provisions of the plan, but no such action may affect the right of the city or county to enforce the provisions of the plan. [in accordance with the provisions of NRS 278A.410.]

      Sec. 23.  NRS 278A.430 is hereby amended to read as follows:

      278A.430  In order to provide an expeditious method for processing a plan for a planned unit [residential] development under the terms of an ordinance enacted pursuant to the powers granted under this chapter, and to avoid the delay and uncertainty which would arise if it were necessary to secure approval by a multiplicity of local procedures of a plat or subdivision or resubdivision, as well as approval of a change in the zoning regulations otherwise applicable to the property, it is hereby declared to be in the public interest that all procedures with respect to the approval or disapproval of a planned unit [residential] development and its continuing administration [shall] must be consistent with the provisions set out in NRS 278A.440 to 278A.590, inclusive.

      Sec. 24.  NRS 278A.440 is hereby amended to read as follows:

      278A.440  An application for tentative approval of the plan for a planned unit [residential] development [shall] must be filed by or on behalf of the landowner.


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ê1981 Statutes of Nevada, Page 138 (Chapter 53, AB 61)ê

 

planned unit [residential] development [shall] must be filed by or on behalf of the landowner.

      Sec. 25.  NRS 278A.450 is hereby amended to read as follows:

      278A.450  The application for tentative approval [shall] must be filed by the landowner in such form, upon the payment of [the] such fee and with such official of the city or county as [shall be] is designated in the ordinance enacted pursuant to this chapter.

      Sec. 26.  NRS 278A.460 is hereby amended to read as follows:

      278A.460  All planning, zoning and subdivision matters relating to the platting, use and development of the planned unit [residential] development and subsequent modifications of the regulations relating thereto to the extent [such] modification is vested in the city or county, [shall] must be determined and established by the city or county.

      Sec. 27.  NRS 278A.470 is hereby amended to read as follows:

      278A.470  The ordinance may require such information in the application as is reasonably necessary to disclose to the city or county:

      1.  The location and size of the site and the nature of the landowner’s interest in the land proposed to be developed.

      2.  The density of land use to be allocated to parts of the site to be developed.

      3.  The location and size of any common open space and the form of organization proposed to own and maintain any common open space.

      4.  The use and the approximate height, bulk and location of buildings and other structures.

      5.  The ratio of residential to nonresidential use.

      6.  The feasibility of proposals for disposition of sanitary waste and storm water.

      [6.  Substance] 7.  The substance of covenants, grants or easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.

      [7.]8.  The provisions for parking of vehicles and the location and width of proposed streets and public ways.

      [8.]9.  The required modifications in the municipal land use regulations otherwise applicable to the subject property.

      [9.]10.  In the case of plans which call for development over a period of years, a schedule showing the proposed times within which applications for final approval of all sections of the planned unit [residential] development are intended to be filed.

      Sec. 28.  NRS 278A.500 is hereby amended to read as follows:

      278A.500  The grant or denial of tentative approval by minute action [shall] must set forth the reasons for the grant, with or without conditions, or for the denial, and the minutes [shall] must set forth with particularity in what respects the plan would or would not be in the public interest, including but not limited to findings [of fact and conclusions of law] on the following:

      1.  In what respects the plan is or is not consistent with the statement of objectives of a planned unit [residential] development.

      2.  The extent to which the plan departs from zoning and subdivision regulations otherwise applicable to the property, including but not limited to density, bulk and use, and the reasons why [such] these departures are or are not deemed to be in the public interest.


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ê1981 Statutes of Nevada, Page 139 (Chapter 53, AB 61)ê

 

to density, bulk and use, and the reasons why [such] these departures are or are not deemed to be in the public interest.

      3.  The ratio of residential to nonresidential use in the planned unit development.

      4.  The purpose, location and amount of the common open space in the planned unit [residential] development, the reliability of the proposals for maintenance and conservation of the common open space, and the adequacy or inadequacy of the amount and purpose of the common open space as related to the proposed density and type of residential development.

      [4.]5.  The physical design of the plan and the manner in which [such] the design does or does not make adequate provision for public services, provide adequate control over vehicular traffic, and further the amenities of light and air, recreation and visual enjoyment.

      [5.]6.  The relationship, beneficial or adverse, of the proposed planned unit [residential] development to the neighborhood in which it is proposed to be established.

      [6.]7.  In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interest of the public [and of the residents] , residents and owners of the planned unit [residential] development in the integrity of the plan.

      Sec. 29.  NRS 278A.520 is hereby amended to read as follows:

      278A.520  1.  A copy of the minutes [shall] must be mailed to the landowner.

      2.  Tentative approval of a plan does not qualify a plat of the planned unit [residential] development for recording or authorize development or the issuance of any building permits. A plan which has been given tentative approval as submitted, or which has been given tentative approval with conditions which have been accepted by the landowner, [shall] may not be modified, revoked or otherwise impaired by action of the city or county pending an application for final approval, without the consent of the landowner. [Such impairment] Impairment by action of the city or county is not stayed if an application for final approval has not been filed, or in the case of development over a period of years applications for approval of the several parts have not been filed, within the time specified in the minutes granting tentative approval.

      3.  The tentative approval [shall] must be revoked and [all that] the portion of the area included in the plan for which final approval has not been given [shall be] is subject to [those] local ordinances [applicable thereto as they may be amended from time to time,] if:

      (a) The landowner elects to abandon the plan or any part thereof, and so notifies the city or county in writing; or

      (b) The landowner fails to file application for the final approval within the required time.

      Sec. 30.  NRS 278A.540 is hereby amended to read as follows:

      278A.540  The plan submitted for final approval is in substantial compliance with the plan previously given tentative approval if any modification by the landowner of the plan as tentatively approved does not:

      1.  Vary the proposed gross residential density or intensity of use;


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ê1981 Statutes of Nevada, Page 140 (Chapter 53, AB 61)ê

 

      2.  Vary the proposed ratio of residential to nonresidential use;

      3.  Involve a reduction of the area set aside for common open space [nor] or the substantial relocation of such area;

      [3.]4.  Substantially increase the floor area proposed for nonresidential use; or

      [4.]5.  Substantially increase the total ground areas covered by buildings or involve a substantial change in the height of buildings.

A public hearing need not be held to consider modifications in the location and design of streets or facilities for water and for disposal of storm water and sanitary sewage.

      Sec. 31.  NRS 278A.570 is hereby amended to read as follows:

      278A.570  1.  A plan, or any part thereof, which has been given final approval by the city or county, [shall] must be certified without delay by the city or county and [shall] must be filed of record in the office of the appropriate county recorder before any development [shall] may take place in accordance therewith.

      2.  Upon recording pursuant to subsection 1, the zoning and subdivision regulations otherwise applicable to the land [included in the plan shall cease to be of any further force and effect.] do not apply.

      3.  Pending completion of [such] the planned unit [residential] development, or of that part thereof that has been finally approved, no modification of the provisions of [such] the plan, or any part thereof as finally approved, may be made, nor may it be impaired by any act of the city or county except with the consent of the landowner.

      4.  The county recorder shall collect a fee of $50, plus 50 cents per lot or unit mapped, for the recording or filing of any final map, plat or plan. The fee [shall] must be deposited in the general fund of the county where it is collected.

      Sec. 32.  NRS 278A.580 is hereby amended to read as follows:

      278A.580  No further development may take place on the property included in the plan until [after] the property is resubdivided and is reclassified by an enactment of an amendment to the zoning ordinance if:

      1.  The plan, or a section thereof, is given approval and, thereafter, the landowner abandons [such] the plan or the section thereof as finally approved and gives written notification thereof to the city or county; or

      2.  The landowner fails to [commence and] carry out the planned unit [residential] development within the specified period of time after the final approval has been granted.

 

________

 

 

CHAPTER 54, SB 89

Senate Bill No. 89–Committee on Government Affairs

CHAPTER 54

AN ACT relating to the secretary of state; expanding the number of services for which he may charge a fee; repealing obsolete provisions regarding the photocopy room; and providing other matters properly relating thereto.

 

[Approved March 26, 1981]

 

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

 

      Section 1.  NRS 225.140 is hereby amended to read as follows:

      225.140  1.  In addition to other fees authorized by law, the secretary of state shall charge and collect the following fees: [for the use of the state:]

 


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ê1981 Statutes of Nevada, Page 141 (Chapter 54, SB 89)ê

 

of state shall charge and collect the following fees: [for the use of the state:]

 

For a [written] copy of any law, joint resolution, transcript of record, or other paper on file or of record in his office, per page.....................................       $0.25

For certifying to any such copy and use of the state seal, for each impression  ............................................................................................................. 5.00

For registering a mark...................................................................................       25.00

For the delivery of an attested certificate of the record of the registration of a mark.............................................................................................................         5.00

For each passport or other document signed by the governor and attested by the secretary of state..............................................................................       10.00

For filing power of attorney.........................................................................       10.00

 

      2.  The secretary of state: [shall] (a) Shall charge a reasonable fee for searching records and documents kept in his office.

      [3.  The secretary of state is required to collect the fees specified in this section in all cases, whether the services rendered are to a person, firm, corporation or association.

      4.  The secretary of state may not] (b) May charge or collect any filing or other fees [:

      (a) For] for services rendered by him to the State of Nevada or any [county, city or town thereof,] local governmental agency or agency of the Federal Government, or any officer thereof in his official capacity or respecting his office or official duties.

      [(b) For attesting] (c) May not charge or collect a filing or other fee for:

             (1) Attesting extradition papers or executive warrants for other states.

      [(c) For any] (2) Any commission or appointment issued or made by the governor, either for the use of the state seal or otherwise.

      Sec. 2.  NRS 78.785 is hereby amended to read as follows:

      78.785  1.  The fee for filing a certificate of change of location of principal office or resident agent, or a new designation of resident agent following resignation, death or removal from the state of the resident agent previously designated, is $5.

      2.  The fee for filing a designation of resident agent, other than as provided in NRS 78.160, is $5.

      3.  The fee for certifying articles of incorporation where a copy is provided is $5.

      4.  The fee for certifying a copy of amendment to articles of incorporation, or to a copy of the articles as amended where a copy is furnished, is $5.

      5.  The fee for certifying an authorized printed copy of the general corporation law as compiled by the secretary of state is $5.

      6.  The fee for certifying the reservation of a corporate name is $5.

      7.  The fee for executing any certificate not provided for in NRS 78.760 to 78.785, inclusive, is $10.

      8.  The fee for comparing any document or paper submitted for certification, with the record thereof, to ascertain whether any corrections are required to be made before certifying, is 20 cents for each folio of 100 words of each document or paper compared.


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ê1981 Statutes of Nevada, Page 142 (Chapter 54, SB 89)ê

 

      [9.  The fee for furnishing a photostatic copy of any document, paper or record on file or of record in the office of the secretary of state is $1 per photostatic page where the page does not exceed 8 1/2 by 14 inches. For photostatic pages of larger size, the secretary of state may charge the fee which he determines to be reasonable.]

      Sec. 3.  NRS 78.790 and 225.110 are hereby repealed.

 

________

 

 

CHAPTER 55, AB 34

Assembly Bill No. 34–Assemblymen Dini, Glover, May, Mello and Schofield

CHAPTER 55

AN ACT relating to the public officers’ and employees’ retirement; exempting retired persons who serve in elective public offices from disqualification for retirement allowances; including independent contracts in the restricted employment of retired persons; increasing the limitation on the earnings of retired persons; exempting certain service during a legislative session; and providing other matters properly relating thereto.

 

[Approved March 26, 1981]

 

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

 

      Section 1.  NRS 286.520 is hereby amended to read as follows:

      286.520  1.  Except as otherwise provided in [subsection 3] subsections 3, 4 and 5 and NRS 286.525, the consequences of the employment of a retired employee are:

      (a) A retired employee who accepts employment or an independent contract with a public employer under this system is disqualified from receiving any allowances under this system for the duration of that employment or contract if:

             (1) He accepted the employment or contract within 90 calendar days after the effective date of his retirement; or

             (2) He is employed in a position which is eligible to participate in this system.

      (b) If a retired employee accepts employment or an independent contract with a public employer under this system more than 90 calendar days after the effective date of his retirement in a position which is not eligible to participate in this system, his allowance under this system terminates immediately upon his earning more than [$4,800] $6,000 in any fiscal year, for the duration of that employment [.] or contract.

      (c) If a retired employee accepts employment with an employer [that] who is not a public employer under this system, [he] the employee is entitled to the same allowances as a retired employee who has no employment.

      2.  The retired employee and the public employer shall notify the system:

      (a) Within 10 days after the first day of an employment or contract governed by paragraph (a); [and]

      (b) Within 30 days after the first day of an employment or contract governed by paragraph (b) [,] ; and


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

ê1981 Statutes of Nevada, Page 143 (Chapter 55, AB 34)ê

 

      (c) Within 10 days after a retired employee earns more than $6,000 from an employment or contract governed by paragraph (b), of subsection 1.

      3.  If a retired employee is chosen by election or appointment to fill an elective public office, he is entitled to the same allowances as a retired employee who has no employment, unless he is serving in the same office in which he served and for which he received service credit as a member.

      4.  The system may waive for one period of 30 days or less a retired employee’s disqualification under this section if the public employer certifies in writing, in advance, that the retired employee is recalled to meet an emergency and that no other qualified person is immediately available.

      5.  A person who is employed by either house of the legislature or by the legislative counsel bureau is exempt from the provisions of subsections 1 and 2 during the course of the legislative session for which he is employed.

      Sec. 2.  NRS 218.2393 is hereby amended to read as follows:

      218.2393  1.  A person receiving a retirement allowance under NRS 218.2371 to 218.2395, inclusive, who is elected or appointed to the legislature [shall] may not receive a retirement allowance during the period of time in which he serves as a legislator. Upon reentry into retirement he may receive a retirement allowance based upon his previous service and his added service.

      2.  If a retired legislator is chosen by election or appointment to fill another elective office, he is entitled to the same allowances as a retired legislator who has no employment.

      3.  Except as otherwise provided in subsection [4,] 5 or 6, the consequences of the employment of a person receiving a retirement allowance under NRS 218.2371 to 218.2395, inclusive, in any other capacity than as a legislator are:

      (a) A retired legislator who accepts employment or an independent contract with a public employer under the public employees’ retirement system is disqualified from receiving any allowances under the legislators’ retirement system for the duration of that employment or contract if:

             (1) He accepted the employment or contract within 90 calendar days after the effective date of his retirement; or

             (2) He is employed in a position which is eligible to participate in the public employees’ retirement system.

      (b) If a retired legislator accepts employment or an independent contract with a public employer under the public employees’ retirement system more than 90 calendar days after the effective date of his retirement in a position which is not eligible to participate in the public employees’ retirement system his allowance under the legislators’ retirement system terminates immediately upon his earning more than [$4,800] $6,000 in any fiscal year, for the duration of that employment [.] or contract.

      (c) If a retired legislator accepts employment with an employer that is not a public employer under the public employees’ retirement system, he is entitled to the same allowances as a retired legislator who has no employment.

      [3.]4.  The retired legislator and the public employer shall notify the board:

      (a) Within 10 days after the first day of an employment or contract governed by paragraph (a); [and]


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

ê1981 Statutes of Nevada, Page 144 (Chapter 55, AB 34)ê

 

      (b) Within 30 days after the first day of an employment or contract governed by paragraph (b) [,] ; and

      (c) Within 10 days after a retired legislator earns more than $6,000 from an employment or contract governed by paragraph (b),

of subsection [2.] 3.

      [4.]5.  The board may waive for one period of 30 days or less a retired legislator’s disqualification under this section if the public employer certifies in writing, in advance, that the retired legislator is recalled to meet an emergency and that no other qualified person is immediately available.

      6.  A person who is employed by either house of the legislature or by the legislative counsel bureau is exempt from the provisions of subsections 2 and 3 during the course of the legislative session for which he is employed.

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

 

________

 

 

CHAPTER 56, AB 45

Assembly Bill No. 45–Committee on Taxation

CHAPTER 56

AN ACT relating to taxes; changing the procedure for locking and sealing businesses; changing the interest rates on deficiency determinations and late payments; and providing other matters properly relating thereto.

 

[Approved March 26, 1981]

 

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

 

      Section 1.  Chapter 372 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The order to lock and seal a place of business must be delivered to the sheriff of the county in which the business is located who shall assist in the enforcement of the order.

      Sec. 2.  NRS 372.145 is hereby amended to read as follows:

      372.145  1.  Whenever any person fails to comply with any provision of this chapter relating to the sales tax or any regulation of the department relating to the sales tax prescribed and adopted under this chapter, the department, upon hearing, after giving the person 10 days’ notice in writing specifying the time and place of hearing and requiring him to show cause why his permit or permits should not be revoked, may revoke or suspend any one or more of the permits held by the person.

      2.  The department shall give to the person written notice of the suspension or revocation of any of his permits.

      3.  The notices may be served personally or by mail in the manner prescribed for service of notice of a deficiency determination.

      4.  The department may not issue a new permit after the revocation of a permit unless it is satisfied that the former holder of the permit will comply with the provisions of this chapter relating to the sales tax and the regulations of the department.


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

ê1981 Statutes of Nevada, Page 145 (Chapter 56, AB 45)ê

 

      5.  If a permit is revoked, the department may order the place of business for which the permit was issued to be locked and sealed.

      Sec. 3.  NRS 372.150 is hereby amended to read as follows:

      372.150  1.  A person who engages in business as a seller in this state without a permit or permits or after a permit has been suspended, and each officer of any corporation which so engages in business, is guilty of a misdemeanor.

      2.  If, after notice to the seller, the seller continues to engage in business without a permit, or after a permit has been suspended or revoked, the department may order any place of business of the seller to be locked and sealed. If notice under this subsection is served by mail, it must be addressed to the seller at his address as it appears in the records of the department.

      Sec. 4.  NRS 372.160 is hereby amended to read as follows:

      372.160  A resale certificate relieves the seller from the burden of proof only if taken in good faith from a person who is engaged in the business of selling tangible personal property and who holds the permit provided for in NRS 372.125 to 372.180, inclusive, and section 1 of this act, and who, at the time of purchasing the tangible personal property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.

      Sec. 5.  NRS 372.405 is hereby amended to read as follows:

      372.405  The amount of the determination, exclusive of penalties, bears interest at the rate of [one-half of 1] 1.5 percent per month, or fraction of a month, from the last day of the month following the quarterly period for which the amount or any portion of it should have been returned until the date of payment.

      Sec. 6.  NRS 372.445 is hereby amended to read as follows:

      372.445  The amount of the determination, exclusive of penalties, bears interest at the rate of [one-half of 1] 1.5 percent per month, or fraction of a month, from the last day of the month following the quarterly period for which the amount or any portion of it should have been returned until the date of payment.

      Sec. 7.  NRS 372.505 is hereby amended to read as follows:

      372.505  Any person who fails to pay any tax to the state or any amount of tax required to be collected and paid to the state, except amounts of determinations made by the department under NRS 372.400 to 372.455, inclusive, within the time required shall pay a penalty of not more than 10 percent of the tax or amount of the tax, as determined by the department, in addition to the tax or amount of tax, plus interest at the rate of [one-half of 1] 1.5 percent per month, or fraction of a month, from the date on which the tax or the amount of tax required to be collected became due to the state until the date of payment.

      Sec. 8.  Chapter 374 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The order to lock and seal a place of business must be delivered to the sheriff of the county in which the business is located who shall assist in the enforcement of the order.

      Sec. 9.  NRS 374.150 is hereby amended to read as follows:

      374.150  1.  Whenever any person fails to comply with any provision of this chapter relating to the sales tax or any regulation of the department relating to the sales tax prescribed and adopted under this chapter, the department, upon hearing, after giving the person 10 days’ notice in writing specifying the time and place of hearing and requiring him to show cause why his permit or permits should not be revoked, may revoke or suspend any one or more of the permits held by the person.


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

ê1981 Statutes of Nevada, Page 146 (Chapter 56, AB 45)ê

 

of this chapter relating to the sales tax or any regulation of the department relating to the sales tax prescribed and adopted under this chapter, the department, upon hearing, after giving the person 10 days’ notice in writing specifying the time and place of hearing and requiring him to show cause why his permit or permits should not be revoked, may revoke or suspend any one or more of the permits held by the person.

      2.  The department shall give to the person written notice of the suspension or revocation of any of his permits.

      3.  The notices may be served personally or by mail in the manner prescribed for service of notice of a deficiency determination.

      4.  The department shall not issue a new permit after the revocation of a permit unless it is satisfied that the former holder of the permit will comply with the provisions of this chapter relating to the sales tax and the regulations of the department.

      5.  If a permit is revoked, the department may [seal and padlock] order the place of business for which the permit was issued [.] to be locked and sealed.

      Sec. 10.  NRS 374.155 is hereby amended to read as follows:

      374.155  1.  A person who engages in business as a seller in a county without a permit or permits or after a permit has been suspended, and each officer of any corporation which so engages in business, is guilty of a misdemeanor.

      2.  If, after notice to the seller, served personally or by mail, the seller continues to engage in business without a permit, or after a permit has been suspended or revoked, the department may [seal and padlock] order any place of business of the seller [.] to be locked and sealed. If notice under this subsection is served by mail, it [shall] must be addressed to the seller at his address as it appears in the records of the department.

      Sec. 11.  NRS 374.165 is hereby amended to read as follows:

      374.165  The certificate relieves the seller from the burden of proof only if taken in good faith from a person who is engaged in the business of selling tangible personal property and who holds the permit provided for in NRS 374.130 to 374.185, inclusive, and section 8 of this act, and who, at the time of purchasing the tangible personal property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.

      Sec. 12.  NRS 374.410 is hereby amended to read as follows:

      374.410  The amount of the determination, exclusive of penalties, [shall bear] bears interest at the rate of [one-half of 1] 1.5 percent per month, or fraction thereof, from the last day of the month following the quarterly period for which the amount or any portion [thereof] of it should have been returned until the date of payment.

      Sec. 13.  NRS 374.450 is hereby amended to read as follows:

      374.450  The amount of the determination, exclusive of penalties, [shall bear] bears interest at the rate of [one-half of 1] 1.5 percent per month, or fraction thereof, from the last day of the month following the quarterly period for which the amount [,] or any portion [thereof,] of it should have been returned until the date of payment.

      Sec. 14.  NRS 374.510 is hereby amended to read as follows:


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

ê1981 Statutes of Nevada, Page 147 (Chapter 56, AB 45)ê

 

      374.510  Any person who fails to pay any tax to the county or any amount of tax required to be collected and paid to the county, except amounts of determinations made by the department under NRS 374.405 to 374.460, inclusive, within the time required shall pay a penalty of not more than 10 percent of the tax or amount of the tax, as determined by the department, in addition to the tax or amount of tax, plus interest at the rate of [one-half of 1] 1.5 percent per month, or fraction thereof, from the date on which the tax or the amount of tax required to be collected became due and payable to the county until the date of payment.

 

________

 

 

CHAPTER 57, AB 48

Assembly Bill No. 48–Assemblymen Dini, Mello, Glover, Rusk and Vergiels

CHAPTER 57

AN ACT relating to public works; requiring plans for new public buildings and structures to provide, where feasible, for use of renewable sources of energy and measures for the conservation of energy; and providing other matters properly relating thereto.

 

[Approved March 26, 1981]

 

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

 

      Section 1.  Chapter 338 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Before it begins to construct or renovate any public building which is larger than 20,000 square feet, each agency of the state or a political subdivision, district, authority, board or public corporation of the state shall obtain a detailed analysis of the cost of operating and maintaining the building for its expected useful life.

      2.  The analysis must identify the measures for:

      (a) Conservation of energy; and

      (b) Use of types of energy which are alternatives to fossil fuels, such as active and passive applications of solar energy, wind and geothermal energy,

which can be included in the building in its construction or renovation.

      3.  The agency of government which proposes to build or renovate a building must consider the results of the analysis required by this section in deciding upon the type of construction and the components and systems which will be included in the building.

      4.  This section applies to any public building or renovation of a public building, the designing of which begins on or after July 1, 1981.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 148ê

 

CHAPTER 58, AB 92

Assembly Bill No. 92–Assemblymen Glover and Bergevin

CHAPTER 58

AN ACT relating to Carson City; making various amendments to its charter; and providing other matters properly relating thereto.

 

[Approved March 26, 1981]

 

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

 

      Section 1.  Section 1.050 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 416, Statutes of Nevada 1977, at page 797, is hereby amended to read as follows:

 

       Sec. 1.050  Taxing Districts: Creation; boundaries.

       1.  Carson City [shall] must be divided into four taxing districts whose boundaries are [to be] fixed by the board of supervisors according to the kind and degree of municipal services provided. If there are not enough substantial differences to establish four districts, the supervisors may establish three or two taxing districts until such differences arise.

       2.  The boundaries of any taxing district [shall] must be established or modified by ordinance. The supervisors shall make specific findings of any additional municipal services which will be provided to a new taxing district before an ordinance is adopted which will increase the tax rate within that district.

       3.  [In addition to any other requirement, the] The board of supervisors shall, not less than 30 days before the [proposed ordinance is finally voted upon,] first reading of the proposed ordinance, mail written notice to the last known address of each property owner within [a taxing district where the combined tax rate for the current fiscal year is less than the maximum permitted by law. Such notice shall] the area to be affected by the modification of boundaries. This notice must set forth the substance of the ordinance and the time when and place where the ordinance will be considered.

       4.  In addition to any other requirement, the board of supervisors shall publish notice of a public hearing for the proposed modification of district boundaries once a week for 2 consecutive weeks before the first reading of the proposed ordinance. The notice must be published in a newspaper of general circulation and must set forth the substance of the ordinance and the time when and place where he ordinance will be considered.

 

      Sec. 2.  Section 2.090 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 295, is hereby amended to read as follows:

 

       Sec. 2.090  Power of board: Ordinances, resolutions and orders.

       1.  The board may make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or the State of Nevada, or to the provisions of Nevada Revised Statutes or of this charter, necessary for the municipal government and the management of the affairs of Carson City, and for the execution of all the powers vested in Carson City.


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ê1981 Statutes of Nevada, Page 149 (Chapter 58, AB 92)ê

 

Statutes or of this charter, necessary for the municipal government and the management of the affairs of Carson City, and for the execution of all the powers vested in Carson City.

       2.  When power is conferred upon the board to do and perform any act or thing, and the manner of exercising such power is not specifically pointed out, the board may provide by ordinance the manner and details necessary for the full exercise of such power.

       3.  The board may enforce ordinances by providing penalties not to exceed those for misdemeanors as established by the legislature.

       4.  The board [shall have such powers as] has all powers that are conferred upon the governing bodies of counties and cities by applicable laws which are not in conflict with the express or implied provisions of this charter.

       [5.  The salary of an elective officer shall not be increased or diminished during the term for which he is elected or appointed.]

 

      Sec. 3.  Section 2.110 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, added by chapter 402, Statutes of Nevada 1971, at page 813, is hereby amended to read as follows:

 

       Sec. 2.110  Ordinances: Enactment procedure; emergency ordinances.

       1.  All proposed ordinances when first proposed [shall] must be read to the board by title, [and referred to a committee for consideration,] after which an adequate number of copies of the proposed ordinance [shall] must be filed with the clerk for public distribution. Except as otherwise provided in subsection 3, notice of [such filing shall] the filing must be published once in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in Carson City at least 1 week prior to the adoption of the ordinance. The board shall adopt or reject the ordinance or an amendment thereto, within 30 days [from] after the date of [such] publication.

       2.  At the next regular meeting or adjourned meeting of the board following the proposal of an ordinance [and its reference to committee, such committee shall report such ordinance back to the board. Thereafter, it shall] it must be read as first introduced, or as amended, and thereupon the proposed ordinance [shall] must be finally voted upon or action thereon postponed.

       3.  In cases of emergency or where the ordinance is of a kind specified in section 7.030, by unanimous consent of the board, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of copies of the proposed ordinance with the clerk need be published.

       4.  All ordinances [shall] must be signed by the mayor, attested by the clerk, and [shall] must be published by title, together with the names of the supervisors voting for or against passage, in a newspaper qualified pursuant to the provisions of chapter 238 of NRS and published in Carson City for at least one publication, before the ordinance [shall become] becomes effective. The board may, by majority vote, order the publication of the ordinance in full in lieu of publication by title only.


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ê1981 Statutes of Nevada, Page 150 (Chapter 58, AB 92)ê

 

       5.  The clerk shall record all ordinances in a book kept for that purpose together with the affidavits of publication by the publisher.

 

      Sec. 4.  Section 2.120 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 344, Statutes of Nevada 1973, at page 428, is hereby amended to read as follows:

 

       Sec. 2.120  Codification of ordinances; publication of code.

       1.  The board [may] shall, without undue delay, codify and publish a code of its municipal ordinances [in the form of a municipal code,] which [code may, at the election of the board,] must have incorporated therein a copy of this charter and may contain such additional data as the board may prescribe. When such a code is published [,] or amended, two copies [shall] must be filed with the librarian of the supreme court law library.

       2.  The ordinances in the code [shall] must be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.

       3.  The codification [shall] must be adopted by an ordinance, which [shall] must not contain any substantive changes, modifications or alterations of existing ordinances; and the only title necessary for the ordinance [shall be] is “An ordinance for codifying and compiling the general ordinances of Carson City.”

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

 

      Sec. 5.  Section 2.300 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 300, is hereby amended to read as follows:

 

       Sec. 2.300  Power of the board: Abatement of noxious insects, [rats] rodents and disease-bearing organisms. The board may take all steps necessary and proper for the extermination of noxious insects, [rats] rodents and other disease-bearing organisms either in Carson City or in territory outside Carson City but so situated that such insects, [rats] rodents and disease-bearing organisms migrate or are carried into Carson City.

 

      Sec. 6.  Section 3.015 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, added by chapter 690, Statutes of Nevada 1979, at page 1858, is hereby amended to 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] the office and title at all times 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.

 

      Sec. 7.  Section 3.030 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 690, Statutes of Nevada 1979, at page 1859, is hereby amended to read as follows:

 

       Sec. 3.030  Clerk: Duties; salary.


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

ê1981 Statutes of Nevada, Page 151 (Chapter 58, AB 92)ê

 

       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.

       (e) Number and countersign all licenses issued by Carson City. All licenses [shall] must be in a form devised by the clerk and approved by the board.

       (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] balance and reconcile it with the controller’s records [.] monthly.

       (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.

       3.  The clerk 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. 8.  Section 3.040 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 690, Statutes of Nevada 1979, at page 1860, is hereby amended to read as follows:

 

       Sec. 3.040  Recorder: Duties; salary.

       1.  The provisions of chapter 247 of NRS apply to the recorder, 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 is entitled to any] Any fees provided by law for the public administrator [.] must be paid into the general fund. The provisions of chapter 253 of NRS apply to the office of recorder while performing the duties of public administrator.

       (b) With the approval of the board, institute, operate and maintain a system of records management for Carson City.


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

ê1981 Statutes of Nevada, Page 152 (Chapter 58, AB 92)ê

 

(c) Perform such other duties as may be imposed by the board or by provisions of Nevada Revised Statutes which apply to county recorders.

       3.  No fees may be charged by the recorder except as provided by law and all such fees are payable in advance, if demanded. If 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 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. 9.  Section 3.070 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 690, Statutes of Nevada 1979, at page 1861, 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:

       (a) All deputy district attorneys serve at the pleasure of the district attorney; and

       (b) Deputy district attorney 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 is entitled to an annual salary in the amount specified in NRS 245.043.

       5.  The district attorney shall not engage in any other business or occupation.

 

      Sec. 10.  Section 3.073 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, added by chapter 690, Statutes of Nevada 1979, at page 1862, is hereby amended to 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.


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

ê1981 Statutes of Nevada, Page 153 (Chapter 58, AB 92)ê

 

       (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] treasurer’s cash balance monthly.

       (j) Shall perform other duties as directed by the manager.

 

      Sec. 11.  Section 3.090 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, at page 303, is hereby amended to read as follows:

 

       Sec. 3.090  Officers: Absence from office.  If any appointive officer removes his office from Carson City, or absents himself therefrom for more than 30 days without leave of the board of supervisors, [his office shall by the board be declared vacant, and the vacancy] the board shall declare his office to be vacant and the vacancy must be filled by appointment as provided in this charter.

 

________

 

 

CHAPTER 59, SB 377

Senate Bill No. 377–Committee on Finance

CHAPTER 59

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

 

[Approved March 27, 1981]

 

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

 

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

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

 

________

 

 


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

ê1981 Statutes of Nevada, Page 154ê

 

CHAPTER 60, SB 133

Senate Bill No. 133–Committee on Commerce and Labor

CHAPTER 60

AN ACT relating to the regulation of public utilities; eliminating the regulation of air carriers by the public service commission; and providing other matters properly relating thereto.

 

[Approved March 30, 1981]

 

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

 

      Section 1.  NRS 704.020 is hereby amended to read as follows:

      704.020  1.  As used in this chapter, “public utility” [shall mean and embrace:] includes:

      (a) Any person, partnership, corporation, company, association, their lessees, trustees or receivers (appointed by any court whatsoever) that now, or may hereafter, own, operate, manage, or control any railroad or part of a railroad as a common carrier in this state, or cars or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether owned by such railroads or otherwise.

      (b) Express companies, telegraph and telephone companies.

      (c) Any plant, property or facility furnishing facilities to the public for the transmission of intelligence via electricity. The provisions of this paragraph do not apply to interstate commerce.

      (d) Radio or broadcasting instrumentalities providing common or contract service. [and aircraft common and contract carriers.]

      (e) All companies which may own cars of any kind or character, used and operated as a part of railroad trains, in or through this state.

      All duties required of and penalties imposed upon any railroad or any officer or agent thereof [shall,] are, insofar as [the same are] applicable, [be] required of and imposed upon the owner or operator of such express companies, telegraph and telephone, radio [,] and broadcasting [, aircraft] companies, and companies which may own cars of any kind or character, used and operated as a part of railroad trains in or through this state, and their officers and agents, and the commission shall have the power of supervision and control of all such companies and [individual] persons to the same extent as of railroads.

      (f) Community antenna television companies.

      2.  “Public utility” [shall also embrace:] also includes:

      (a) Any person, partnership, corporation, company, association, their lessees trustees or receivers (appointed by any court whatsoever) that [now or hereafter may] own, operate or control any ditch, flume, tunnel or tunnel and drainage system, charging rates, fares or tolls, directly or indirectly.

      (b) Any plant or equipment, or any part of a plant or equipment, within the state for the production, delivery or furnishing for or to other persons, firms, associations, or corporations, private or municipal, heat, gas, coal slurry, light, power in any form or by any agency, water for business, manufacturing, agricultural or household use, or sewerage service, whether within the limits of municipalities, towns or villages, or elsewhere.


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

ê1981 Statutes of Nevada, Page 155 (Chapter 60, SB 133)ê

 

      The commission is hereby invested with full power of supervision, regulation and control of all such utilities, subject to the provisions of this chapter and to the exclusion of the jurisdiction, regulation and control of such utilities by any municipality, town or village, unless otherwise provided by law.

      3.  The provisions of this chapter and the term “public utility” [shall] apply to:

      (a) The [transportation of passengers and property by aircraft common and contract carriers, except helicopters used on construction projects, and the] transmission or receipt of messages, intelligence or entertainment, between points within the state.

      (b) [The receiving, switching, delivering, storing and hauling of such property, and receiving] Receiving and delivering messages.

      (c) All charges connected [therewith,] with the transportation of persons or property, including icing charges and mileage charges.

      (d) All railroads, express companies, car companies, and all associations of persons, whether incorporated or otherwise, that [shall] do any business as a common carrier upon or over any line of railroad within this state.

      (e) Any common or contract carrier engaged in the transportation of passengers and property, except common or contract motor carriers subject to the provisions of chapter 706 of NRS.

      Sec. 2.  NRS 704.280 is hereby amended to read as follows:

      704.280  The commission [shall have the power:

      1.  To regulate] may:

      1.  Regulate the manner in which [aircraft,] power, telephone and telegraph lines, pipelines and the tracks of any street, steam or electric railroad or other common carrier cross or connect with any other such lines or common carriers.

      2.  [To prescribe] Prescribe such regulations and safety devices, respectively, as may be necessary for the purpose of securing adequate service and for the protection of the public.

 

________

 

 

CHAPTER 61, AB 6

Assembly Bill No. 6–Assemblyman Banner

CHAPTER 61

AN ACT relating to public records; removing the requirement that county clerks and clerks of justice’s courts keep certain records at least 5 years; permitting their earlier destruction; authorizing the clerk of the supreme court, and clerks of municipal courts to destroy certain records; and providing other matters properly relating thereto.

 

[Approved March 30, 1981]

 

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

 

      Section 1.  NRS 239.110 is hereby amended to read as follows:

      239.110  1.  The clerk of the supreme court, a county clerk, [or] clerk of a justice’s court or clerk of a municipal court may destroy all documents, records, instruments, books, papers, depositions and transcripts in any action or proceeding in the supreme court, district court, [or] justice’s court [,] or municipal court, respectively, or otherwise filed in his office pursuant to law, including transcripts of coroners’ inquests and depositions, if [:

 


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

ê1981 Statutes of Nevada, Page 156 (Chapter 61, AB 6)ê

 

documents, records, instruments, books, papers, depositions and transcripts in any action or proceeding in the supreme court, district court, [or] justice’s court [,] or municipal court, respectively, or otherwise filed in his office pursuant to law, including transcripts of coroners’ inquests and depositions, if [:

      1.  Five years have elapsed since the date of the filing of the last paper therein and the] the records of the clerk do not show that the action or proceeding is pending on appeal or review in any court, except that:

      (a) When the written consent of the district attorney is first obtained, transcripts of preliminary hearings may be destroyed as provided in this section; and

      (b) Minutes of the supreme court, district court, [or] justice’s court or municipal court and affidavits supporting applications for marriage licenses, after such licenses have been issued, may be destroyed immediately subject to the provisions of subsections 2 and 3.

      2.  The clerk [maintains] shall maintain for the use of the public a microphotographic film print or copy of each document, record, instrument, book, paper, deposition or transcript so destroyed, if the print or copy is placed and kept in a sealed container under certificate of the clerk and properly indexed. This print or copy shall be deemed to be the original.

      3.  The clerk [promptly seals and stores] shall promptly seal and store at least one original negative of each microphotographic film in such manner and place as reasonably to assure its preservation indefinitely against loss, theft, defacement or destruction.

 

________

 

 

CHAPTER 62, AB 12

Assembly Bill No. 12–Assemblymen Barengo and Vergiels

CHAPTER 62

AN ACT relating to the legislative auditor; providing for the distribution of audits during the legislative session; broadening the reporting to the legislature of any improper practices discovered during an audit; and providing other matters properly relating thereto.

 

[Approved March 30, 1981]

 

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

 

      Section 1.  NRS 218.821 is hereby amended to read as follows:

      218.821  1.  The legislative auditor or his designated representative shall furnish a copy of the preliminary audit report to the head of the state department audited and discuss the report with him. The head of the state department may submit to the legislative auditor, within 10 days after the discussion, his written statement of explanation or rebuttal concerning any of the findings, and the legislative auditor shall include in the final report the officer’s explanation or rebuttal to any of the findings contained in the final report.


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

ê1981 Statutes of Nevada, Page 157 (Chapter 62, AB 12)ê

 

      2.  When the legislature is in session the legislative auditor shall notify the chairman of the legislative commission, immediately following this 10-day period, that an audit report is ready for presentation to the legislative commission.

      3.  If the chairman of the legislative commission does not call a meeting of the commission within 5 days after notification, the legislative auditor shall distribute his report and any statement received form the agency to each member of the legislature.

      Sec. 2.  NRS 218.880 is hereby amended to read as follows:

      218.880  1.  If the legislative auditor finds, in the course of his audit, evidence of improper practices of financial administration or inadequacy of fiscal records, he shall report [the same] these practices immediately to the governor, the legislative commission, each member of the legislature and the department head or heads affected.

      2.  If the legislative auditor finds evidence of illegal transactions, he shall forthwith report [shall] these transactions to the governor, [the legislative commission,] each member of the legislature and the attorney general.

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

 

________

 

 

CHAPTER 63, AB 72

Assembly Bill No. 72–Assemblymen Rhoads, Bergevin and Glover

CHAPTER 63

AN ACT relating to certain actions concerning persons; providing further restrictions on the liability of owners, lessees and occupants of premises to persons who use the premises for recreational purposes; and providing other matters properly relating thereto.

 

[Approved March 30, 1981]

 

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

 

      Section 1.  NRS 41.510 is hereby amended to read as follows:

      41.510  1.  An owner, lessee or occupant of premises owes no duty to keep the premises safe for entry or use by others for crossing over to public land, hunting, fishing, trapping, camping, hiking, sightseeing, or for any other recreational purposes, or to give warning of any hazardous condition, activity or use of any structure on [such] the premises to persons entering for [such] those purposes, except as provided in subsection 3. [of this section.]

      2.  When an owner, lessee or occupant of premises gives permission to another to cross over to public land, hunt, fish, trap, camp, hike, sightsee, or to participate in other recreational activities, upon [such] his premises:

      (a) He does not thereby extend any assurance that the premises are safe for [such] that purpose, constitute the person to whom permission is granted an invitee to whom a duty of care is owed, or assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted, except as provided in subsection 3.


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

ê1981 Statutes of Nevada, Page 158 (Chapter 63, AB 72)ê

 

any act of persons to whom the permission is granted, except as provided in subsection 3. [of this section.]

      (b) [Such] That person does not thereby acquire any property rights in or rights of easement to [such] the premises.

      3.  This section does not limit the liability which would otherwise exist for:

      (a) Willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity.

      (b) Injury suffered in any case where permission to cross over to public land, hunt, fish, trap, camp, hike, sightsee, or to participate in other recreational activities, was granted for a consideration other than the consideration, if any, paid to the landowner by the state or any subdivision thereof.

      (c) Injury caused by acts of persons to whom permission to cross over to public land, hunt, fish, trap, camp, hike, sightsee, or to participate in other recreational activities was granted, to other persons as to whom the person granting permission, or the owner, lessee or occupant of the premises, owed a duty to keep the premises safe or to warn of danger.

      4.  Nothing in this section creates a duty of care or ground of liability for injury to person or property.

 

________

 

 

CHAPTER 64, AB 203

Assembly Bill No. 203–Committee on Judiciary

CHAPTER 64

AN ACT relating to punishment for attempts; revising the punishment for attempted murder and attempts of crimes which are punishable by life imprisonment to provide for imprisonment of not less than 1 year; and providing other matters properly relating thereto.

 

[Approved March 30, 1981]

 

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

 

      Section 1.  NRS 208.070 is hereby amended to read as follows:

      208.070  An act done with intent to commit a crime, and tending but failing to accomplish it, is an attempt to commit that crime; and every person who attempts to commit a crime, unless otherwise prescribed by statute, shall be punished as follows:

      1.  [If the crime attempted is] If a person is convicted of attempted murder or an attempt to commit a crime punishable by death or life imprisonment, the person convicted of the attempt shall be punished by imprisonment in the state prison for not less than 1 year and not more than 20 years.

      2.  In every other case he shall be punished by imprisonment in such manner as may be prescribed for the commission of the completed offense, for not more than half the longest term, or by a fine of not more than half the largest sum, prescribed upon conviction for the commission of the offense attempted, or by both [such] fine and imprisonment; but nothing [herein shall protect] in this section protects a person who, in an unsuccessful attempt to commit one crime, does commit another and different one, from the punishment prescribed for the crime actually committed; and a person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime was consummated, unless the court in its discretion [shall discharge] discharges the jury and [direct] directs the defendant to be tried for the crime itself.


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

ê1981 Statutes of Nevada, Page 159 (Chapter 64, AB 203)ê

 

nothing [herein shall protect] in this section protects a person who, in an unsuccessful attempt to commit one crime, does commit another and different one, from the punishment prescribed for the crime actually committed; and a person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime was consummated, unless the court in its discretion [shall discharge] discharges the jury and [direct] directs the defendant to be tried for the crime itself.

 

________

 

 

CHAPTER 65, SB 78

Senate Bill No. 78–Senators Wilson, Raggio, Kosinski, McCorkle and Wagner

CHAPTER 65

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

 

[Approved April 6, 1981]

 

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

 

      Section 1.  Section 1.040 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, at page 1962, is hereby amended to read as follows:

 

       Sec. 1.040  Annexations.  The city may annex territory by following the procedure provided for the annexation of cities in those sections of chapter 268 of NRS, as amended from time to time, which apply to counties having a population of less than [200,000.] 250,000.

 

      Sec. 2.  Section 1.050 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as amended by chapter 553, Statutes of Nevada 1973, at page 875, is hereby amended to read as follows:

 

       Sec. 1.050  Wards: Creation; boundaries.

       1.  The city [shall] must be divided into five wards, which [shall] must be as nearly equal in registered voters as can be conveniently provided. The territory comprising each ward [shall] must be contiguous, except that if any territory of the city which is not contiguous to the remainder of the city does not contain sufficient population to constitute a separate ward, it may be placed in any ward of the city.

       2.  The boundaries of wards [shall] must be established and changed by ordinance, passed by a vote of at least five-sevenths of the city council. The boundaries of wards [shall] must be changed on the second Monday in January preceding any regular municipal election whenever, at the close of registration prior to each general state election held in even-numbered years, the number of registered voters in any ward [shall exceed] exceeds the number of registered voters in any other ward by more than 5 percent.


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

ê1981 Statutes of Nevada, Page 160 (Chapter 65, SB 78)ê

 

       3.  Ordinances establishing or changing the boundaries of wards [shall] must not be passed or amended until the registrar of voters of Washoe County, if his office is created, or the county clerk of Washoe County, if the registrar’s office is not created, certifies that the number of registered voters in each proposed ward will not exceed the number of registered voters in any other ward by more than 5 percent.

 

      Sec. 3.  Section 1.090 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 561, Statutes of Nevada 1977, at page 1391, is hereby amended to read as follows:

 

       Sec. 1.090  Appointive officers.

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

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

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

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

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

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

Appointment of such officers [shall] must be made by the city manager and confirmed by the city council.

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

 

      Sec. 4.  Section 2.010 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 561, Statutes of Nevada 1977, at page 1392, is hereby amended to read as follows:

 

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

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

       2.  The mayor and councilmen [shall] must be:

       (a) Bona fide residents of the wards they represent, or if representing the city at large, of the city, for at least 6 months immediately preceding their election [.] , and each councilman elected from a ward must continue to live in that ward for as long as he represents the ward.

       (b) Qualified electors within the city.

The mayor and all councilman [shall] must be voted upon by all registered voters of the city.

       3.  The mayor and one councilman [shall] represent the city at large and one councilman [shall represent] represents each ward.


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

ê1981 Statutes of Nevada, Page 161 (Chapter 65, SB 78)ê

 

large and one councilman [shall represent] represents each ward. The mayor and councilmen [shall] serve for terms of 4 years.

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

 

      Sec. 5.  Section 3.020 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as amended by chapter 715, Statutes of Nevada 1975, at page 1473, is hereby amended to read as follows:

 

       Sec. 3.020  City manager: Duties; compensation.

       1.  The city manager [shall be] is the chief executive and administrative officer of the city government. He [shall be] is responsible to the city council for the proper administration of all affairs of the city. His duties and salary [shall] must be fixed by the city council and he [shall] is entitled to be reimbursed for all expenses incurred in the performance of his duties.

       2.  The city manager may appoint such clerical and administrative assistants as he may deem necessary. [, subject to the approval of the city council.]

       3.  He may designate an acting city manager to serve in his absence or, if he fails to do so, the city council may appoint an acting city manager.

       4.  No councilman [shall] may be appointed as city manager during the term for which he was elected, or for 1 year thereafter.

       5.  The city manager shall appoint all officers and employees of of city and may remove for cause any officer or employee of the city except as may otherwise be provided in this charter. The city manager may authorize the head of a department or office to appoint or remove his subordinates. The appointment of a head of a department or office by the city manager [shall] does not take effect until it has been confirmed by a majority vote of the members of the city council; and if a person so nominated is not confirmed, the city manager shall continue to submit nominations until a nominee is confirmed. The city council may, by a majority vote of all the members elected, remove for cause any head of a department or office. All provisions of this subsection relating to appointment and removal of officers and employees are subject to the civil service provisions of article IX of this charter.

 

      Sec. 6.  Section 3.040 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 373, Statutes of Nevada 1979, at page 644, is hereby amended to read as follows:

 

       Sec. 3.040  City clerk: Duties. [; qualifications; salary.]

       1.  The city clerk shall:

       (a) Keep the corporate seal and all books and papers belonging to the city.

       (b) Attend all meetings of the city council 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 city council, the city clerk shall attest the journal after it has been signed by the mayor.


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

ê1981 Statutes of Nevada, Page 162 (Chapter 65, SB 78)ê

 

       (c) Sign all warrants issued.

       (d) Number and sign all licenses issued by the city. All licenses [shall] must be in a form devised by the city clerk and approved by the city council.

       (e) Enter upon the journal the result of the vote of the city council upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.

       (f) Be the official collector of all business license fees and penalties of the city; and all moneys making up the city revenues, except general taxes and special assessments, [shall] must be paid over to him.

       2.  [The city clerk shall:

       (a) Serve for a term of 4 years.

       (b) Be a bona fide resident of the city for at least 1 year immediately preceding his appointment.

       (c) Be a registered voter and a taxpayer on real property in the city.

       (d) Be at least 21 years of age.

       3.]  The city clerk [shall have] has custody of all the official records of the city. He [shall be] is responsible to the city council for the proper discharge of his duties. His duties and salary [shall be] are fixed by the city council and he [shall] is entitled to be reimbursed for all expenses incurred in the performance of his duties.

       [4.]3.  The city clerk may, with approval of the city council, appoint one chief deputy and one manager of record systems, who are not subject to the provisions of article IX of this charter. The chief deputy may administer oaths and shall perform all the duties of the city clerk in the latter’s absence.

 

      Sec. 7.  Section 9.270 of the above-entitled act, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 373, Statutes of Nevada 1979, at page 647, is hereby amended to read as follows:

 

       Sec. 9.270  Appeals to the commission.

       1.  An employee in the civil service who has been suspended for a period of more than 3 days or who is the subject of an action by the city manager to demote or terminate him may appeal such action to the commission by serving the secretary of the commission with a written notice of appeal within 10 days [of] after such action. The commission shall set the time for hearing [such] the appeal not less than 5 nor more than 15 days [from] after the date of service of the notice of appeal.

       2.  The commission shall [provide by] adopt a rule for hearing such appeals and making any investigations it deems appropriate. [Such hearing may be closed at the request of the accused or on the commission’s own motion.] In all appeals to the commission, the [office of the] city attorney shall represent the interest of the city.

       3.  In connection with any hearing or investigation contemplated by this article each member of the commission [shall have the power to] may administer oaths, secure by subpena the attendance of witnesses residing within [fifty] 50 miles of the City of Reno [,] and the production of books and papers relevant to [such] the hearing or investigation, [and to] compel witnesses to answer [,] and [to] punish for contempt in the same manner as provided by law for the governing of trials before justices of the peace for failure to answer or produce books and other evidence necessary for the hearing.


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

ê1981 Statutes of Nevada, Page 163 (Chapter 65, SB 78)ê

 

of witnesses residing within [fifty] 50 miles of the City of Reno [,] and the production of books and papers relevant to [such] the hearing or investigation, [and to] compel witnesses to answer [,] and [to] punish for contempt in the same manner as provided by law for the governing of trials before justices of the peace for failure to answer or produce books and other evidence necessary for the hearing. All witnesses [shall] must be under oath. The accused [shall have full opportunity] has the right to be heard in person and by attorney in his own defense and [shall be] is entitled to secure the attendance of witnesses at the expense of the city if within the reach of the commission’s subpena and necessary for his defense. [at the expense of the city.] Upon a showing of necessity an accused may secure from the commission an order requiring the taking of depositions of witnesses who are necessary to his defense and [who are] not within the reach of a subpena. The commission shall determine to what extent the expense of such depositions [shall] will be paid for by the city. Hearings on appeal [shall] must be reported and may be transcribed [.] if a transcript is necessary for a deliberation of the commission or for an appeal to the district court. The commission shall render its decision within 7 days [from] after the date of the hearing.

       4.  The action taken by the city manager [shall stand unless] may be affirmed, modified or revoked by the commission. If the commission finds that the reason for which the action was taken [was] is insufficient it [shall] must modify or revoke the action.

       5.  The commission shall [provide by rule] adopt a rule for the hearing and disposition of appeals [against examination content or] concerning procedures [.] or the content of examinations.

 

________

 

 

CHAPTER 66, SB 31

Senate Bill No. 31–Committee on Judiciary

CHAPTER 66

AN ACT relating to evidence; declaring positively the admissibility of communications lawfully intercepted; and providing other matters properly relating thereto.

 

[Approved April 6, 1981]

 

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

 

      Section 1.  Chapter 48 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Except as limited by this section, in addition to the matters made admissible by NRS 179.465, the contents of any communication lawfully intercepted under the laws of the United States or of another jurisdiction before, on or after July 1, 1981, if the interception took place within that jurisdiction, and any evidence derived from such a communication, is admissible in any action or proceeding in a court or before an administrative body of this state, including without limitation the Nevada gaming commission and the state gaming control board.


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

ê1981 Statutes of Nevada, Page 164 (Chapter 66, SB 31)ê

 

commission and the state gaming control board. Matter otherwise privileged under this Title does not lose its privileged character by reason of any interception.

      Sec. 2.  The legislature in enacting section 1 of this act clarifies the admissibility of evidence of intercepted communications in administrative proceedings and of such evidence obtained within the territorial limits of the United States, and extends admissibility to such evidence lawfully obtained in other jurisdictions.

 

________

 

 

CHAPTER 67, SB 277

Senate Bill No. 277–Committee on Finance

CHAPTER 67

AN ACT making an additional and supplemental appropriation to the youth services division of the department of human resources; and providing other matters properly relating thereto.

 

[Approved April 6, 1981]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the youth services division of the department of human resources the sum of $4,733 as an additional and supplemental appropriation to that allowed and made by section 29 of chapter 695, Statutes of Nevada 1979.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1981, and reverts on that date to the state general fund.

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

 

________

 

 

CHAPTER 68, AB 141

Assembly Bill No. 141–Committee on Government Affairs

CHAPTER 68

AN ACT relating to planning and zoning; increasing the maximum size of zoning boards of adjustment; clarifying the provision governing extensions of time to file a final map of a subdivision; changing certain provisions concerning notice of intent to abandon a street or easement; and providing other matters properly relating thereto.

 

[Approved April 6, 1981]

 

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

 

      Section 1.  NRS 278.270 is hereby amended to read as follows:

      278.270  The governing body of any county or of any city which enacts zoning regulations under the authority of NRS 278.010 to 278.630, inclusive, may provide by ordinance for a board of adjustment.


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ê1981 Statutes of Nevada, Page 165 (Chapter 68, AB 141)ê

 

enacts zoning regulations under the authority of NRS 278.010 to 278.630, inclusive, may provide by ordinance for a board of adjustment. [of five members.]

      Sec. 2.  NRS 278.280 is hereby amended to read as follows:

      278.280  1.  Any ordinance enacted under NRS 278.270 may provide that the board:

      (a) Be composed of the members of the governing body; or

      (b) Be composed of [five] not more than seven appointed members. [to be appointed.]

      2.  Any [such] ordinance providing for the appointment of members [shall] must prescribe:

      (a) The manner of appointment and compensation of the members.

      (b) The terms of the members, which [shall] must be arranged so that no more than [one] two will expire each year.

      3.  If the members of the board are appointed, no [such] member may hold another public office except that one member may also be a member of the planning commission.

      4.  Members who are appointed may be removed after a public hearing for inefficiency, neglect of duty or malfeasance of office.

      5.  Vacancies [shall] must be filled for the unexpired term of any member appointed whose term becomes vacant.

      Sec. 3.  NRS 278.360 is hereby amended to read as follows:

      278.360  1.  Unless the time is extended, the subdivider [shall] , within 1 year after approval of the tentative map or before the expiration of any extension granted by the governing body, shall cause the subdivision, or any part thereof, to be surveyed and a final map prepared in accordance with the tentative map. Failure to record a final map within the time prescribed in this section terminates all proceedings, and before the final map may thereafter be recorded, or any sales be made, a new tentative map [shall] must be filed.

      2.  [The governing] If the subdivider applies in writing to the governing body or planning commission for an extension within 1 year after the approval of his tentative map, that body or [planning] commission may grant [to the subdivider] him a single extension of not more than 1 year within which to record a final map. [after receiving approval of the tentative map.] Such an extension may be granted after the tentative map expires as long as the application for it has been filed within the prescribed time.

      Sec. 4.  NRS 278.480 is hereby amended to read as follows:

      278.480  1.  Any abutting owner or local government desiring the vacation or abandonment of any street or easement or portion thereof shall file a petition in writing with the governing body having jurisdiction.

      2.  If there is a planning commission, the governing body shall refer the petition to the planning commission, which shall report thereon to the governing body as set forth in NRS 278.240.

      3.  Whenever any street or easement is proposed to be vacated, the governing body shall notify by [registered] certified mail each owner of property abutting the proposed abandonment and cause a notice to be published at least once in a newspaper of general circulation in the city or county, setting forth the extent of the proposed abandonment and setting a date for public hearing, which date may be not less than 10 days and not more than 40 days subsequent to the date [of the notification.]


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ê1981 Statutes of Nevada, Page 166 (Chapter 68, AB 141)ê

 

setting a date for public hearing, which date may be not less than 10 days and not more than 40 days subsequent to the date [of the notification.] the notice is first published.

      4.  Except as provided in subsection 5, if, upon public hearing, the governing body is satisfied that the public will not be materially injured by the proposed vacation, it shall order the street or easement vacated. The governing body may make the order conditional, and the order shall become effective only upon the fulfillment of the conditions prescribed.

      5.  If a utility has an easement over the property, the governing body shall provide in its order for the continuation of that easement.

      6.  The order must be recorded in the office of the county recorder, if all the conditions of the order have been fulfilled, and upon the recordation title to the street or easement reverts upon the payment required in subsection 7, to the abutting property owners in the approximate proportion that the property was dedicated by the abutting property owners or their predecessors in interest. In the event of a partial vacation of a street where the vacated portion is separated from the property from which it was acquired by the unvacated portion of it, the governing body may sell the vacated portion upon such terms and conditions as it deems desirable and in the best interests of the city. If the governing body so sells the vacated portion, it shall afford the right of first refusal to each abutting property owner as to that part of the vacated portion which abuts his property, but no action may be taken by the governing body to force the owner to purchase that portion and that portion may not be sold to any person other than the owner if the sale would result in a complete loss of access to a street from the abutting property.

      7.  The abutting property owners shall pay for title to the proportionate part of the street such consideration as the governing body determines to be reasonable. If the governing body determines that the vacation has a public benefit, it may apply the benefit as an offset against any determination of reasonable consideration which did not take into account the public benefit.

      8.  Any easement for light and air adjacent to any vacated street is vacated upon the vacation of the street.

      9.  In any vacation or abandonment of any street or portion of it, the governing body may reserve and except therefrom any easements, rights or interests therein which the governing body may deem desirable for the use of the city or of any public utility.

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

 

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ê1981 Statutes of Nevada, Page 167ê

 

CHAPTER 69, AB 156

Assembly Bill No. 156–Committee on Economic Development and Natural Resources

CHAPTER 69

AN ACT relating watercraft; providing for the disposal of abandoned vessels and for warehouse liens; clarifying requirements for equipment; increasing the requirement of notice for regattas, marine parades and races; and providing other matters properly relating thereto.

 

[Approved April 6, 1981]

 

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

 

      Section 1.  NRS 488.193 is hereby amended to read as follows:

      488.193  1.  Every [motorboat shall] vessel must carry at least one life preserver, lifebelt, ring buoy, buoyant vest or buoyant cushion of a type approved by the United States Coast Guard or other device of the sort prescribed by the regulations of the commission for each person on board, and any persons being towed, so placed as to be readily accessible. Every [motorboat] vessel carrying passengers for hire [shall] must carry so placed as to be readily accessible at least one life preserver of the sort prescribed by the regulations of the commission for each person on board.

      2.  Every motorboat [shall] must be provided with such number, size and type of fire extinguishers, capable of promptly and effectually extinguishing burning gasoline, as may be prescribed by the regulations of the commission. [, which] The fire extinguishers [shall be at all times] must be of a marine type which has been approved by the United States Coast Guard and kept in condition for immediate and effective use and [shall] must be so placed as to be readily accessible.

      3.  Every motorboat [shall] must have the carburetor or carburetors of every engine therein, except outboard motors, using gasoline as fuel, equipped [which] with such efficient flame arrestor, backfire trap or other similar device as may be prescribed by the regulations of the commission.

      4.  Every motorboat and every vessel, except open boats, using as fuel any liquid of a volatile nature, [shall] must be provided with such means as may be prescribed by the regulations of the commission for properly and efficiently ventilating the bilges of the engine and fuel tank compartments to remove any explosive or [inflammable] flammable gases.

      5.  The commission may make regulations modifying the equipment requirements contained in this section to the extent necessary to keep these requirements in conformity with the provisions of the Federal Navigation Laws or with the navigation rules promulgated by the United States Coast Guard.

      Sec. 2.  NRS 488.305 is hereby amended to read as follows:

      488.305  1.  The department may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments or exhibitions on any waters of this state. The commission shall adopt regulations concerning the safety of motorboats and other vessels and persons thereon, either observers or participants.


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ê1981 Statutes of Nevada, Page 168 (Chapter 69, AB 156)ê

 

      2.  Whenever a regatta, motorboat or other boat race, marine parade, tournament or exhibition is proposed to be held, the person in charge thereof shall, at least [15] 30 days prior thereto, file an application with the department for permission to hold [such] the regatta, motorboat or other boat race, marine parade, tournament or exhibition. It may not be conducted without the written authorization of the department.

      3.  The application [shall] must set forth the date, time and location where it is proposed to hold [such] the regatta, motorboat or other boat race, marine parade, tournament or exhibition, and it shall not be conducted without the written authorization of the department.

      4.  The provisions of this section do not exempt any person from compliance with applicable federal law or regulation, but nothing contained [herein] in this section requires the securing of a state permit pursuant to this section if a permit therefor has been obtained from an authorized agency of the United States.

      [5.  No person may operate any motorboat in any race on the waters of this state unless such person is a member of the American Power Boat Association or the National Outboard Association or of some organization affiliated therewith.]

      Sec. 3.  NRS 108.670 is hereby amended to read as follows:

      108.670  1.  Every boat or vessel used in navigating the waters of this state or constructed in this state is subject to a lien:

      (a) For wages due to persons employed, for work done or services rendered on board [such] the boat or vessel.

      (b) For all debts due for the moving and storage of the boat or vessel if it is found to be abandoned on any property.

      (c) For all debts due to persons, firms or corporations by virtue of a contract, express or implied, with the owners of a boat or vessel, or with the agents, contractors or subcontractors of [such] the owner, or with any person having them employed to construct, repair or launch [such] the boat or vessel, [on account of] for labor done or materials furnished by mechanics, tradesmen or others in the building, repairing, fitting and furnishing or equipping [such] the boat or vessel, or [on account of] for stores or supplies furnished for the use thereof, or [on account of] for launchways constructed for the launching of [such] the boat or vessel.

      [(c)](d) For all sums for warehousing, storage, wharfage, anchorage or towage of [such] a boat or vessel within this state.

      [(d)](e) For all costs incurred in enforcing [such] the lien.

      2.  Any person, firm or corporation entitled to a lien as provided in subsection 1 may, without process of law, detain [such] the boat or vessel at any time it is lawfully in his possession until the sum due to him is paid.

      3.  The classes of claims specified in subsection 1 [shall] have priority according to the order in which they are enumerated.

 

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ê1981 Statutes of Nevada, Page 169ê

 

CHAPTER 70, AB 376

Assembly Bill No. 376–Assemblymen Price, Hickey and May

CHAPTER 70

AN ACT to amend an act entitled “An Act incorporating the City of North Las Vegas, in Clark County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto,” approved April 16, 1971, as amended.

 

[Approved April 6, 1981]

 

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

 

      Section 1.  Section 1.070 of Article I of the above-entitled act, being chapter 573, Statutes of Nevada 1971, at p. 1211, as amended by chapter 723, Statutes of Nevada 1973, at p. 1436, is hereby amended to read as follows:

 

       Sec. 1.070  Mayor and councilmen not to hold other office.

       1.  The mayor and councilmen shall not:

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

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

       2.  Any person holding any office proscribed by section 1 shall automatically forfeit his office as mayor or councilman.

 

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

 

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CHAPTER 71, SB 305

Senate Bill No. 305–Committee on Finance

CHAPTER 71

AN ACT making an appropriation from the state general fund to the legislative fund for increased dues to Council of State Governments.

 

[Approved April 6, 1981]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the legislative fund, created by NRS 218.085, the sum of $2,200 for payment of an increase in the annual dues of the Council of State Governments for fiscal year 1980–81.

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

 

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ê1981 Statutes of Nevada, Page 170ê

 

CHAPTER 72, AB 127

Assembly Bill No. 127–Assemblymen Rhoads, Hayes, Marvel, Bergevin and Glover

CHAPTER 72

AN ACT relating to the state legislature; adding the policies, rules and regulations of the U.S. Forest Service to those reviewed by the legislative committee for the review of federal regulations; and providing other matters properly relating thereto.

 

[Approved April 6, 1981]

 

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

 

      Section 1.  NRS 218.5365 is hereby amended to read as follows:

      218.5365  1.  The members of the committee shall meet throughout each year at such times and at such places as shall be specified by a call of the chairman or a majority of the committee. The director of the legislative counsel bureau shall act as the nonvoting recording secretary. The committee shall prescribe regulations for its own management and government. Three members of the committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the committee.

      2.  The members of the committee are entitled to receive a salary of [$40, a per diem allowance of $40 and the travel expenses] $80 and the subsistence allowances and travel expenses provided by law for each day of attendance at a meeting of the committee and while engaged in the business of the committee.

      Sec. 2.  NRS 218.5367 is hereby amended to read as follows:

      218.5367  1.  The committee may:

      (a) Review and comment on any administrative policy, rule or regulation of the:

             (1) Secretary of the Interior which pertains to policy concerning or management of public lands under the control of the Federal Government; and

             (2) Secretary of Agriculture which pertains to policy concerning or management of national forests;

      (b) Conduct investigations and hold hearings in connection with its review, including but not limited to investigating the effect on the state, its citizens, political subdivisions, businesses and industries of such policies, rules, regulations and related laws;

      (c) Consult with and advise the state land use planning agency on matters concerning federal land use, policies and activities in this state.

      (d) Direct the legislative counsel bureau to assist in its research, investigations, review and comment; [and]

      (e) Recommend to the legislature as a result of its review any appropriate state legislation or corrective federal legislation [.] ; and

      (f) Advise the attorney general if it believes that any federal policy, rule or regulation which it has reviewed encroaches on the sovereignty respecting land or water or their use which has been reserved to the state pursuant to the Constitution of the United States.

      2.  Any reference in this section to federal policies, rules, regulations and related federal laws includes those which are proposed as well as those which are enacted or adopted.


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ê1981 Statutes of Nevada, Page 171 (Chapter 72, AB 127)ê

 

and related federal laws includes those which are proposed as well as those which are enacted or adopted.

 

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CHAPTER 73, SB 337

Senate Bill No. 337–Committee on Finance

CHAPTER 73

AN ACT making an additional and supplemental appropriation to the department of the military for the cost of utilities; and providing other matters properly relating thereto.

 

[Approved April 7, 1981]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the department of the military the sum of $51,200 for the purpose of paying the cost of utilities. This appropriation is additional and supplemental to that allowed and made by section 30 of chapter 695, Statutes of Nevada 1979.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1981, and reverts to the state general fund as soon as all payments of money committed have been made.

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

 

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CHAPTER 74, AB 280

Assembly Bill No. 280–Committee on Government Affairs

CHAPTER 74

AN ACT relating to constables; removing the population required for the hiring of clerks; and providing other matters properly relating thereto.

 

[Approved April 7, 1981]

 

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

 

      Section 1.  NRS 258.065 is hereby amended to read as follows:

      258.065  1.  [In any township having a population of 25,000 or more, the] The board of county commissioners may appoint for the constable of [that township a clerk,] a township a reasonable number of clerks as the work of the constable requires, and provide compensation therefor.

      2.  [The] A constable’s clerk shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is or may be required of other officers of that township and county.


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ê1981 Statutes of Nevada, Page 172 (Chapter 74, AB 280)ê

 

      3.  [The] A constable’s clerk shall do all clerical work in connection with keeping the records and files of the office, and shall perform such other duties in connection with the office as the constable shall prescribe.

 

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CHAPTER 75, AB 294

Assembly Bill No. 294–Assemblymen Banner and Robinson

CHAPTER 75

AN ACT authorizing the executive director of the employment security department to expend certain federal money to improve certain property in the City of Reno for the use of the department; and providing other matters properly relating thereto.

 

[Approved April 7, 1981]

 

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

 

      Section 1.  The executive director of the employment security department is hereby authorized to expend $63,384.29 of the money credited to the account of this state in the unemployment trust fund by the Secretary of the Treasury of the United States pursuant to section 903 of the Social Security Act, as amended, (42 U.S.C. § 1103), to improve property in the City of Reno for use by the department in the administration of chapter 612 of NRS.

      Sec. 2.  No part of the money authorized to be expended under section 1 of this act may be obligated after the expiration of a 2-year period beginning on the effective date of this act.

      Sec. 3.  The amount of money which may be obligated pursuant to section 1 of this act during any fiscal year beginning July 1 and ending the following June 30 may not exceed the amount by which the aggregate of the amounts credited to the account of this state, pursuant to section 903 of the Social Security Act, as amended, (42 U.S.C. § 1103), during that fiscal year and the 24 preceding fiscal years, exceeds the aggregate of the amounts obligated for administration, paid as benefits and charged against the account of this state during those years.

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

 

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ê1981 Statutes of Nevada, Page 173ê

 

CHAPTER 76, SB 107

Senate Bill No. 107–Committee on Judiciary

CHAPTER 76

AN ACT relating to courts of record; conforming certain statutory provisions to the provisions of article 6 of the Nevada constitution relating to the jurisdiction of courts of record; removing statutory provisions which conflict with or duplicate those constitutional provisions; and providing other matters properly relating thereto.

 

[Approved April 7, 1981]

 

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

 

      Section 1.  NRS 4.370 is hereby amended to read as follows:

      4.370  1.  [Justices’] Except as limited by subsection 2, justices’ courts have jurisdiction of the following civil actions and proceedings [:] and no others except as provided by specific statute:

      (a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $750.

      (b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or [possession] boundaries of the real property, if the damage claimed does not exceed $750.

      (c) In actions for a fine, penalty or forfeiture not exceeding $750, given by statute or the ordinance of [an incorporated or unincorporated city] a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.

      (d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $750, though the penalty may exceed that sum.

      (e) [In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $750.

      (f)] In actions to recover the possession of personal property, if the value of [such] the property does not exceed $750.

      [(g)](f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $750.

      [(h)](g) Of actions for the possession of lands and tenements, where the relation of landlord and tenant exists.

      [(i)](h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, [in which case the proceeding must be as prescribed by NRS upon that subject.] if damages are sought and the damage claimed does not exceed $750.

      [(j)](i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $750.

      [(k) Concurrent jurisdiction with the district courts of] (j) Of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $750.

      2.  The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.


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ê1981 Statutes of Nevada, Page 174 (Chapter 76, SB 107)ê

 

land are involved. [; and if questions of title to real property are involved, cases involving such questions must be disposed of as provided in NRS.]

      3.  Justices’ courts have jurisdiction of [the following public offenses, committed within the respective counties in which those courts are established:

      (a) Petit larceny.

      (b) Assault and battery constituting a misdemeanor.

      (c) Breaches of the peace, riots, affrays, committing a willful injury to property, and all misdemeanors punishable by fine not exceeding $500, or imprisonment not exceeding 6 months, or by both such fine and imprisonment.] all misdemeanors and no other criminal offenses except as provided by specific statute.

      4.  Except as provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.

      5.  In the case of any arrest made by a member of the Nevada highway patrol or by an inspector or field agent of the motor carrier division of the department of motor vehicles, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.

      6.  Each justice’s court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.

      Sec. 2.  NRS 18.050 is hereby amended to read as follows:

      18.050  [In] Except as limited by this section, in other actions [than those mentioned in NRS 18.020,] in the district court, part or all of the prevailing party’s costs may be allowed [or not, and if allowed] and may be apportioned between the parties, or on the same or adverse sides. [, in the discretion of the court, but no costs may be allowed in any action for the recovery of money or damages when the plaintiff recovers less than $750, nor in any action to recover the possession of personal property when the value of the property is less than $750.] If, in the judgment of the court, the plaintiff believes he was justified in bringing the action in the district court, and he recovers at least $400 in money or damages, or personal property of that value, the court may [, in its discretion,] allow the plaintiff part or all of his costs.

      Sec. 3.  NRS 66.070 is hereby amended to read as follows:

      66.070  1.  The parties to an action in a justice’s court cannot give evidence upon any question which [involves the title or possession of real property, or the legality of any tax, impost, assessment, toll or municipal fine; nor can any issue presenting such question be tried by such court; and if it appear,] is excluded from the jurisdiction of the justice’s court. If it appears from the plaintiff’s own showing on the trial, or from the answer of the defendant, verified by his oath, that the determination of the action will necessarily involve [the question of title or possession to real property, or the legality of any tax, impost, assessment, toll or municipal fine,] such a question, the justice must suspend all further proceedings in the action and certify the pleadings, and, if any of the pleadings are oral, a transcript of [the same] them from his docket, to the clerk of the district court of the county.


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ê1981 Statutes of Nevada, Page 175 (Chapter 76, SB 107)ê

 

and, if any of the pleadings are oral, a transcript of [the same] them from his docket, to the clerk of the district court of the county. From the time of filing [such] the pleadings or transcript with the clerk of the district court, the district court [shall have] has the same jurisdiction over the action as if it had been commenced [therein.] in the district court.

      2.  In cases of forcible entry and detainer, of which justices’ courts have jurisdiction, any evidence otherwise competent, may be given and any question properly involved therein may be determined.

      Sec. 4.  NRS 108.239 is hereby amended to read as follows:

      108.239  1.  Liens may be enforced by an action in any court of competent jurisdiction, on setting out in the complaint the particulars of the demand, with a description of the premises to be charged with the lien.

      2.  At the time of filing the complaint and issuing the summons, the plaintiff shall cause a notice to be published at least once a week for 3 successive weeks, in one newspaper published in the county, and if there is no newspaper published in the county, then in such mode as the court may determine, notifying all persons holding or claiming liens under the provisions of NRS 108.221 to 108.2395, inclusive, on the premises to file with the clerk and serve on the plaintiff and also on the defendant, if the defendant is within the state or is represented by counsel, written statements of the facts constituting their liens, together with the dates and amounts thereof. The statements [shall] must be filed within 10 days of the last publication of the notice. The plaintiff and other parties adversely interested [shall] must be allowed 5 days to answer [such] the statements.

      3.  If it appears from the records of the county recorder that there are other lien claims recorded against the same premises at the time of the commencement of the action, the plaintiff shall, in addition to and after the initial publication of the notice as provided in subsection 2, mail to [such] those other lien claimants, by registered or certified mail, or deliver in person a copy of the notice as published.

      4.  [The summons and complaint shall be served upon the defendant, and the defendant shall be allowed to answer, deny or otherwise plead or defend, as provided by the Nevada Rules of Civil Procedure.

      5.]  The court shall enter judgment according to the right of the parties, and shall, by decree, proceed to hear and determine the claims in a summary way, or may, if it be the district court, refer the [same] claims to a master to ascertain and report upon the liens and the amount justly due thereon. All liens not so exhibited shall be deemed to be waived in favor of those which are so exhibited.

      [6.]5.  On ascertaining the whole amount of the liens with which the premises are justly chargeable, as provided in NRS 108.221 to 108.2395, inclusive, the court shall cause the premises to be sold in satisfaction of the liens and costs, including costs of suit, and any party in whose favor [such] judgment may be rendered may cause the premises to be sold within the time and in the manner provided for sales on execution, issued out of any district court, for the sale of real property.

      [7.]6.  If the proceeds of sale, after the payment of costs, are not sufficient to satisfy the whole amount of [such] the liens included in the decree of sale, [then] the proceeds[shall] must be apportioned according to the right of the several parties.


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ê1981 Statutes of Nevada, Page 176 (Chapter 76, SB 107)ê

 

the decree of sale, [then] the proceeds[shall] must be apportioned according to the right of the several parties. [In case] If the proceeds of the sale amount to more than the sum of the liens and the cost of sale, [then] the remainder [shall] must be paid over to the owner of the property.

      [8.]7.  Each party whose claim is not satisfied in the manner [herein provided for shall have] provided in this section is entitled to personal judgment for the residue against the party legally liable for [the same if such] it if that person has been personally summoned or has appeared in the action.

      [9.  This section shall be applicable to actions in justices’ courts as to action on, trial of and sale of premises under mechanics’ liens, where the sum involved is within the provisions of paragraph (k) of subsection 1 of NRS 4.370.]

      Sec. 5.  NRS 2.080, 2.100, 3.190, 3.200 and 3.210 are hereby repealed.

      Sec. 6.  This act shall become effective upon passage and approval.

 

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CHAPTER 77, AB 271

Assembly Bill No. 271–Committee on Ways and Means

CHAPTER 77

AN ACT making an appropriation to the reserve for statutory contingency fund; and providing other matters properly relating thereto.

 

[Approved April 7, 1981]

 

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

 

      Section 1.  There is hereby appropriated from the state general fund to the reserve for statutory contingency fund created pursuant to NRS 353.264 the sum of $334,831.

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

 

________

 

 

CHAPTER 78, AB 215

Assembly Bill No. 215–Committee on Ways and Means

CHAPTER 78

AN ACT making a supplemental appropriation to the office of the director of the department of human resources for the payment of certain claims; and providing other matters properly relating thereto.

 

[Approved April 7, 1981]

 

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

 

      Section 1.  1.  There is hereby appropriated from the state general fund to the office of the director of the department of human resources the sum of $1,979.84 for the payment of the claims of:


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

ê1981 Statutes of Nevada, Page 177 (Chapter 78, AB 215)ê

 

      (a) S.O.C. Leasing Company in the amount of $203.35;

      (b) The Travel Advisors, Inc. in the amount of $270; and

      (c) The central data processing division of the department of general services in the amount of $1,506.49.

      2.  This appropriation is additional and supplemental to that made by section 30 of chapter 574, Statutes of Nevada 1977.

      3.  After June 30, 1981, any unencumbered balance of the appropriation made by subsection 1 must not be committed for expenditure, and the balance reverts to the state general fund.

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

 

________

 

 

CHAPTER 79, AB 5

Assembly Bill No. 5–Assemblyman Banner

CHAPTER 79

AN ACT relating to programs for public employees; authorizing retired employees to reinstate certain insurance coverage held before retirement; and providing other matters properly relating thereto.

 

[Approved April 7, 1981]

 

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

 

      Section 1.  1.  A retired public employee may reinstate any insurance coverage which was provided to him under NRS 287.010 and 287.020 as a public employee and held by him at the time of his retirement, except life insurance coverage, by giving written notice of reinstatement to his last public employer not later than September 30, 1981, and by agreeing to pay any portion of the premiums which the public employer does not pay on any policy to be reinstated from the date of reinstatement. The last public employer shall give the insurance carrier notice of the reinstatement no later than October 31, 1981.

      2.  The insurance carrier may request evidence of insurability for any person who requests reinstatement pursuant to this section or who is covered as a dependent of such a person. The request must be made to the last public employer no later than November 30, 1981, and the carrier may terminate the coverage of any person for whom evidence of insurability has not been provided on January 31, 1982.

      3.  Reinstatement of insurance coverage is subject to any exclusion contained in the policy of group insurance relating to preexisting conditions, other than conditions for which a claim was made under the insurance provided when the person was in active service or the dependent of a person in active service.

 

________

 

 


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ê1981 Statutes of Nevada, Page 178ê

 

CHAPTER 80, AB 198

Assembly Bill No. 198–Assemblyman Marvel

CHAPTER 80

AN ACT relating to the sale of state lands; restoring the requirement that money be advanced for the costs of handling, appraisal and publicity by a person requesting the sale of state land; and providing other matters properly relating thereto.

 

[Approved April 7, 1981]

 

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

 

      Section 1.  NRS 321.335 is hereby amended to read as follows:

      321.335  1.  Except as provided in NRS 321.450 and 321.510, after April 1, 1957, all sales of any lands to which the State of Nevada or any department, agency or institution thereof has title, except the department of transportation and agricultural associations organized pursuant to chapter 547 of NRS, including lands theretofore subject to contracts of sale which have been forfeited, are governed by the provisions of this section.

      2.  Whenever the state land registrar deems it to be in the best interests of the State of Nevada that any lands owned by the state and not used or set apart for public purposes be sold, he may cause those lands to be sold at public auction or upon sealed bids, for cash or pursuant to contract of sale, at a price not less than their appraised value [and in no event at less than $3 per acre,] plus the costs of appraisal and publication of notice of sale.

      3.  Before offering any land for sale, the state land registrar shall cause it to be appraised by a competent appraiser.

      4.  After receipt of the report of the appraiser, the state land registrar shall cause a notice of sale to be published once a week for 4 consecutive weeks in a newspaper of general circulation published in the county where the land to be sold is situated, and in such other newspapers as he deems appropriate. If there is no newspaper published in the county where the land to be sold is situated the notice must be so published in some newspaper published in this state having general circulation in the county where the land is situated.

      5.  The notice must contain:

      (a) A description of the land to be sold;

      (b) A statement of the terms of sale;

      (c) A statement of whether the land will be sold at public auction or upon sealed bids to the highest bidder; and

      (d) If the sale is to be at public auction, the time and place of sale; or

      (e) If the sale is to be upon sealed bids, the place where the bids will be accepted, the first and last days on which the bids will be accepted, and the time when and place where the bids will be opened.

      6.  The state land registrar may reject any bid or offer to purchase if he deems the bid or offer to be:

      (a) Contrary to the public interest.

      (b) For a lesser amount than is reasonable for the land involved.

      (c) On lands which it may be more beneficial for the state to reserve.

      (d) On lands which are requested by the State of Nevada or any department, agency or institution thereof.


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ê1981 Statutes of Nevada, Page 179 (Chapter 80, AB 198)ê

 

      7.  Upon acceptance of any bid or offer and payment to the state land registrar in accordance with the terms of sale specified in the notice of sale, the state land registrar shall cause a patent to be issued as provided in NRS 321.310 to 321.330, inclusive, or enter into a contract of sale as provided in NRS 321.240 to 321.300, inclusive, as appropriate; but those contracts must require that the remainder of the purchase price be paid within 25 years from the date of the contract and that the contract will immediately be declared forfeited if any installment of principal or interest remains unpaid for a period of 6 months after the installment becomes due and payable pursuant to the contract.

      8.  Nothing in this section applies to or affects any pending contract or application for the purchase of land from the State of Nevada, whether title to it is in the state or the state is in the process of acquiring title to it under any method of exchange or selection between the state and the United States or any department or agency thereof.

      9.  Any person requesting that state land be sold under the provisions of this section shall deposit a sufficient amount of money to pay the costs to be incurred by the state land registrar in acting upon the application, including costs of publication and expenses of appraisal. This deposit must be refunded whenever the person making the deposit is not the successful bidder. The costs of acting upon the application, including publication and appraisal expenses, must be borne by the successful bidder.

 

________

 

 

CHAPTER 81, AB 297

Assembly Bill No. 297–Assemblyman Hayes (by request)

CHAPTER 81

AN ACT relating to divorce; simplifying the provision for verification of a complaint; and providing other matters properly relating thereto.

 

[Approved April 8, 1981]

 

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

 

      Section 1.  NRS 125.020 is hereby amended to read as follows:

      125.020  1.  Divorce from the bonds of matrimony may be obtained for the causes provided in NRS 125.010, by [complaint, under oath] verified complaint to the district court of any county:

      (a) In which the cause therefore [shall have accrued; or] accrued;

      (b) In which the defendant [shall reside or] resides or may be found; [or]

      (c) In which the plaintiff [shall reside; or] resides;

      (d) In which the parties last cohabited; or

      (e) If plaintiff [shall have] resided 6 weeks in the state before suit [be] was brought.

      2.  Unless the cause of action [shall have] accrued within the county while the plaintiff and defendant were actually domiciled therein, no court [shall have] has jurisdiction to grant a divorce unless either the plaintiff or defendant [shall have] has been resident of the state for a period of not less than 6 weeks preceding the commencement of the action.


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

ê1981 Statutes of Nevada, Page 180 (Chapter 81, AB 297)ê

 

period of not less than 6 weeks preceding the commencement of the action.

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

 

________

 

 

CHAPTER 82, AB 111

Assembly Bill No. 111–Committee on Commerce

CHAPTER 82

AN ACT relating to liability insurance for motor vehicles; specifying the primary and excess coverages when two or more policies are in effect for the same motor vehicle in certain circumstances; and providing other matters properly relating thereto.

 

[Approved April 8, 1981]

 

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

 

      Section 1.  Chapter 690B of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  If two or more policies of liability insurance covering the same motor vehicle are in effect when the motor vehicle is involved in an incident which results in a claim against the policies:

      (a) If the motor vehicle was being operated by a person engaged in the business of selling, repairing, servicing, delivering, testing, road testing, parking or storing motor vehicles, or by his agent or employee while in pursuit of that business, the policy issued to that business shall be deemed to be primary and any other policy shall be deemed to provide excess coverage.

      (b) If the motor vehicle was being operated by a person described in paragraph (a) in any pursuit other than of that business, or by some other person, the policy issued to the operator of the vehicle shall be deemed to be primary and any policy issued to the business shall be deemed to provide excess coverage.

      2.  The provisions in subsection 1 may be modified but only by a written agreement signed by all the insurers who have issued policies applicable to a claim such as is described in subsection 1 and by all the insureds under those policies.

      3.  This section applies only to policies of liability insurance issued or renewed on or after July 1, 1981.

 

________

 

 


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ê1981 Statutes of Nevada, Page 181ê

 

CHAPTER 83, AB 2

Assembly Bill No. 2–Assemblymen Westall, Mello and Sader

CHAPTER 83

AN ACT relating to the Airport Authority of Washoe County; increasing the number of trustees of the authority; and providing other matters properly relating thereto.

 

[Approved April 8, 1981]

 

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

 

      Section 1.  Section 5 of chapter 474, Statutes of Nevada 1977, at page 969, as amended by chapter 668, Statutes of Nevada 1979, at page 1646, is hereby amended to read as follows:

 

       Sec. 5.  1.  The authority shall be directed and governed by a board of trustees composed of [seven] eight persons who serve at the pleasure of the appointing authority in each case.

       2.  The City of Reno shall be represented on the board by four members, the City of Sparks by [one member] two members and Washoe County by two members, appointed as specified in this section. The terms of all trustees appointed by the city councils of the cities of Reno and Sparks and the board of county commissioners of Washoe County pursuant to this section prior to its amendment expire on July 1, 1981. On July 1, 1981:

       (a) The city council of the City of Reno shall appoint four trustees, two for terms of 2 years and two for terms of 4 years. Subsequent appointments shall be made for terms of 4 years.

       (b) The city council of the City of Sparks shall appoint [one trustee] two trustees, one for a term of 2 years and one for a term of 4 years. Subsequent appointments shall be made for a term of 4 years.

       (c) The board of county commissioners of Washoe County shall appoint two trustees, one for a term of 2 years and one for a term of 4 years. Subsequent appointments shall be made for terms of 4 years.

       3.  The position of a member of the board of trustees shall be considered vacated upon his loss of any of the qualifications required for his appointment and in such event the appointing authority shall appoint a successor.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 182ê

 

CHAPTER 84, SB 25

Senate Bill No. 25–Committee on Human Resources and Facilities

CHAPTER 84

AN ACT relating to records of libraries; providing that records of circulation are not public records; restricting disclosure of such records; and providing other matters properly relating thereto.

 

[Approved April 10, 1981]

 

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

 

      Section 1.  Chapter 239 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Any records of a public library or other library which contain the identity of a user and the books, documents, films, recordings or other property of the library which he used are confidential and not public books or records within the meaning of NRS 239.010. Such records may be disclosed only in response to an order issued by a court upon a finding that the disclosure of such records is necessary to protect the public safety or to prosecute a crime.

 

________

 

 

CHAPTER 85, SB 177

Senate Bill No. 177–Committee on Natural Resources

CHAPTER 85

AN ACT relating to watercraft; removing statutory language which duplicates the provisions of NRS 488.105 concerning the system of identification numbering for motorboats; and providing other matters properly relating thereto.

 

[Approved April 10, 1981]

 

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

 

      Section 1.  NRS 488.075 is hereby amended to read as follows:

      488.075  1.  The owner of each motorboat requiring numbering by this state shall file an application for a number and for a certificate of ownership with the department on forms approved by it accompanied by:

      (a) Proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the department of taxation, or by proof of exemption from [such] those taxes as provided in NRS 372.320.

      (b) Proof of compliance with the requirements of chapter 361 of NRS, evidenced by a [movable personal property tax receipt on such] receipt for personal property tax paid on the motorboat or by an assessor’s certificate declaring no immediate tax collection on [such] the motorboat under the provisions of NRS 361.505 was deemed necessary.

      (c) Such evidence of ownership as the department may require.

The department shall not issue a number, a certificate of number or a certificate of ownership until [such] this evidence is presented to it.

      2.  The department shall not issue or renew a certificate of number if it has been notified by a county assessor before December 1 of any year that the owner is delinquent in the payment of personal property taxes as required by chapter 361 of NRS.


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

ê1981 Statutes of Nevada, Page 183 (Chapter 85, SB 177)ê

 

if it has been notified by a county assessor before December 1 of any year that the owner is delinquent in the payment of personal property taxes as required by chapter 361 of NRS. The notice must be in such form as the department may prescribe. Upon receipt of an application from an owner who is delinquent in the payment of personal property taxes, the department shall notify the owner that the taxes are delinquent. [; and] The department may forward the certificate to the county assessor for release on payment of the taxes [,] or may hold the certificate pending proof of payment of the taxes.

      3.  The application must be signed by the owner of the motorboat and must be accompanied by a fee of $5 for the certificate of number and a fee of $5 for the certificate of ownership. All fees received by the department under the provisions of this chapter must be deposited in the wildlife account in the state general fund and may be expended only for the administration and enforcement of the provisions of this chapter. Upon receipt of the application in approved form, the department shall:

      (a) Enter the application upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.

      (b) Immediately give to the county assessor of the county in which the motorboat is situated a notice containing the name and address of the owner and information identifying the motorboat.

      4.  The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by regulations of the department in order that the number may be clearly visible. The number must be maintained in legible condition. [If any agency of the United States Government has in force an overall system of identification numbering for motorboats within the United States, the regulations of the department as to size, color and type of number must be in conformity therewith.]

      5.  The certificate of number must be pocket size and must be available at all times for inspection on the motorboat for which issued, whenever the motorboat is in operation.

      6.  The department shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by the manufacturers and dealers in connection with the demonstration, sale or exchange of [such] those motorboats. The fee for each such number is $5.

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

 

________

 

 


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ê1981 Statutes of Nevada, Page 184ê

 

CHAPTER 86, SB 156

Senate Bill No. 156–Committee on Transportation

CHAPTER 86

AN ACT relating to highways; removing a statute which authorized acceptance of certain rights of way and which was made obsolete by the repeal of a federal law concerning the public domain; and providing other matters properly relating thereto.

 

[Approved April 10, 1981]

 

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

 

      Section 1.  NRS 408.483 is hereby repealed.

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

 

________

 

 

CHAPTER 87, SB 246

Senate Bill No. 246–Committee on Judiciary

CHAPTER 87

AN ACT relating to separate maintenance; changing the provisions to permit either spouse to bring an action; and providing other matters properly relating thereto.

 

[Approved April 10, 1981]

 

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

 

      Section 1.  NRS 125.190 is hereby amended to read as follows:

      125.190  When [the wife] a person has any cause of action for divorce [against her husband,] or when [she] he has been deserted [by him and such] and the desertion has continued for [the space of] 90 days, [she] he may, without applying for a divorce, maintain in the district court an action against [her husband] his spouse for permanent support and maintenance of [herself, or of herself and of her child or] himself and their children.

      Sec. 2.  NRS 125.200 is hereby amended to read as follows:

      125.200  During the pendency of such action, the court may, in its discretion, require [the husband] either spouse to pay any money necessary for the prosecution of the action and for the support and maintenance of the [wife, or of the wife and of her child or] other spouse and their children.

      Sec. 3.  NRS 125.210 is hereby amended to read as follows:

      125.210  1.  In any such action the court [may assign] may:

      (a) Assign and decree to [the wife] either spouse the possession of any real or personal property of the [husband and may order] other spouse;

      (b) Order or decree the payment of a fixed sum of money for the support of the [wife or for the support of the wife and of her child or children and provide] other spouse and their children;

      (c) Provide that the payment of the same be secured upon real estate, [or] other security [may be required,] or make any other suitable provision [may be made; payments to be made at such times and in such manner as to the court may seem proper.]


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ê1981 Statutes of Nevada, Page 185 (Chapter 87, SB 246)ê

 

[or] other security [may be required,] or make any other suitable provision [may be made; payments to be made at such times and in such manner as to the court may seem proper.] ; and

      (d) Determine the time and manner in which the payments must be made.

      2.  The court [shall have the power to] may change, modify or revoke its orders and decrees from time to time.

      3.  No order or decree [shall be] is effective beyond the joint lives of the husband and wife.

      Sec. 4.  NRS 125.220 is hereby amended to read as follows:

      125.220  1.  At any time after the filing of the complaint, the [wife] complaining spouse may file a notice of pendency of the action in the office of the county recorder of any county in which the [husband] other spouse may have real property. [which shall have] This notice has the same effect as [such] notice in actions directly affecting real property.

      2.  The court may also enjoin [the husband] either spouse from disposing of any property during the pendency of the action.

      Sec. 5.  NRS 125.240 is hereby amended to read as follows:

      125.240  The final judgment and any order [or orders] made before or after judgment may be enforced by the court by such order [or orders as in its discretion it may from time to time deem] as it deems necessary. A receiver may be appointed, security may be required, execution may issue, [under which] real or personal property of [the husband] either spouse may be sold as under execution in other cases, and disobedience of any order [or orders] may be punished as a contempt.

      Sec. 6.  NRS 125.250 is hereby amended to read as follows:

      125.250  In all cases commenced under NRS 125.190 to 125.280, inclusive, the proceedings and practice [shall] must be the same, as nearly as may be, as [is now or hereafter may be] those provided in actions for divorce. Suit may be brought [, at the option of the wife, either] in the county in which [the wife shall reside] either party resides at the time the suit is commenced, or in the county in which the [husband] spouse may be found.

      Sec. 7.  NRS 125.280 is hereby amended to read as follows:

      125.280  1.  [Where the husband, in] In an action for separation, [makes default in paying] where payment of any sum of money [as] required by [the] judgment or order [directing the payment thereof,] is in default, the district court may make an order directing the entry of judgment for the amount of [such] the arrears, together with costs and disbursements not to exceed $10 and a reasonable attorney’s fee.

      2.  The application for such order [shall] must be upon such notice to the [husband] parties as the court may direct.

      3.  The judgment may be enforced by execution or in any other manner provided by law for the collection of money judgments.

      4.  The relief herein provided for is in addition to any [and every] other remedy [to which the wife may be entitled] a party has under the law.

 

________

 

 


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ê1981 Statutes of Nevada, Page 186ê

 

CHAPTER 88, SB 274

Senate Bill No. 274–Senator Kosinski

CHAPTER 88

AN ACT relating to administrative regulations; requiring a statement of effect to be submitted with an adopted regulation; requiring the solicitation of certain comment before adoption; and providing other matters properly relating thereto.

 

[Approved April 10, 1981]

 

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

 

      Section 1.  Chapter 233B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  Each adopted regulation which is to be submitted to the legislative commission for review must be accompanied by a statement concerning the regulation which contains the following information:

      1.  A description of how public comment was solicited, a summary of public response, and an explanation how other interested persons may obtain a copy of the summary.

      2.  A description of how comment was solicited from affected businesses, a summary of their response, and an explanation how other interested persons may obtain a copy of the summary.

      3.  The estimated economic effect of the regulation on the business which it is to regulate and on the public. These must be stated separately, and in each case must include:

      (a) Both adverse and beneficial effects; and

      (b) Both immediate and long-term effects.

      4.  The estimated cost to the agency for enforcement of the proposed regulation.

      5.  A description of any regulations of other state or government agencies which the proposed regulation overlaps or duplicates and a statement explaining why the duplication or overlapping is necessary.

      Sec. 3.  If an adopted regulation is not accompanied by an informational statement which complies with the requirements of section 2, the director of the legislative counsel bureau shall return the regulation to the agency with a note that the statement is missing. Unless the statement is supplied, the director shall not submit the regulation to the commission, and the regulation never becomes effective. If the statement is supplied, the time for action upon the regulation must be computed from the date of delivering the statement to the director.

      Sec. 4.  NRS 233B.060 is hereby amended to read as follows:

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

      2.  The notice [shall:] must:

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


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ê1981 Statutes of Nevada, Page 187 (Chapter 88, SB 274)ê

 

      (b) State each address at which the text of the proposed regulation may be inspected and copied.

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

The attorney general may by regulation prescribe the form of notice to be used, which shall be distributed to each recipient of the agency’s regulations. The agency shall also solicit comment generally from the public and from businesses to be affected by the proposed regulation.

      3.  The agency shall at the time of giving the notice deposit one copy of the text of the proposed regulation with the secretary of state, and keep at least one copy available in its office from the date of the notice to the date of the hearing, for inspection and copying by the public. After the director of the legislative counsel bureau has filed the original and a copy of the final draft or revision of the regulation with the secretary of state, the secretary of state may discard the deposited copy of the proposed regulation.

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

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

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

 

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ê1981 Statutes of Nevada, Page 188ê

 

CHAPTER 89, SB 352

Senate Bill No. 352–Senator Gibson

CHAPTER 89

AN ACT to amend an act entitled “An Act incorporating the City of Henderson, in Clark County, Nevada, and defining the boundaries thereof, under a new charter; and providing other matters properly relating thereto,” approved April 13, 1971, as amended.

 

[Approved April 10, 1981]

 

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

 

      Section 1.  Section 1.040 of the above-entitled act, being chapter 266, Statutes of Nevada 1971, as amended by chapter 34, Statutes of Nevada 1973, at page 35, is hereby amended to read as follows:

 

       Sec. 1.040  Wards: Creation; boundaries.

       1.  The city [shall] must be divided into four wards, which [shall] must be as nearly equal in [registered voters] population as can be conveniently provided, and the territory comprising each ward [shall] must be contiguous.

       2.  The boundaries of wards [shall] must be established and changed by ordinance. [The boundaries of wards shall be changed whenever, as determined at the close of registration prior to each general state election, the number of registered voters in any ward shall exceed the number of registered voters in any other ward by more than 5 percent. The boundaries shall not be changed in any event between 30 days before the date fixed for filing of candidacy and the general municipal election.] Except as provided in subsection 3, the boundaries of wards must be changed whenever the population, as determined by the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce, in any ward exceeds the population in any other ward by more than 5 percent.

       3.  The boundaries of wards must not be changed during the period commencing 30 days before the date fixed for the filing of candidacy and ending on the date of the general municipal election.

 

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

 

________

 

 

CHAPTER 90, SB 298

Senate Bill No. 298–Committee on Transportation

CHAPTER 90

AN ACT relating to motor vehicles; making nonresident manufacturers eligible for special license plates; exempting them from bonding provisions; and providing other matters properly relating thereto.

 

[Approved April 10, 1981]

 

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

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.


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ê1981 Statutes of Nevada, Page 189 (Chapter 90, SB 298)ê

 

      Sec. 2.  “Distributor” means a person, other than a manufacturer, who is engaged in the business of selling new motor vehicles to dealers.

      Sec. 3.  “Franchise” means a written agreement between a manufacturer or distributor and a dealer by which:

      1.  A commercial relationship of definite duration or continuing indefinite duration is established.

      2.  The dealer is granted the right to offer and sell at retail new motor vehicles, other than motorcycles, mopeds, farm tractors or special mobile equipment.

      3.  The dealer constitutes a component of a distribution system for new motor vehicles.

      4.  The operation of the dealer’s business is substantially associated with the trade-mark, trade name, advertising or other commercial symbol designating a manufacturer or distributor.

      5.  The operation of a portion of the dealer’s business is substantially reliant on the manufacturer or distributor for a continued supply of new motor vehicles, parts and accessories.

      Sec. 4.  1.  In lieu of a bond an applicant may deposit with the department, under terms prescribed by the department:

      (a) A like amount of lawful money of the United States or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the department; or

      (b) A savings certificate of a bank, building and loan association or savings and loan association situated in Nevada, which indicates an account of an amount equal to the amount of the bond which would otherwise be required by NRS 482.345 and that it is unavailable for withdrawal except upon order of the department. Interest earned on the amount accrues to the account of the applicant.

      2.  A deposit made pursuant to subsection 1 may be released upon receipt of:

      (a) A court order requiring the director to release all or a specified portion of the deposit; or

      (b) A statement signed by the person or persons under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this state, requesting the director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

      3.  When a deposit is made pursuant to subsection 1, liability under the deposit is in the amount prescribed by the department. If the amount of the deposit is reduced or there is an outstanding court judgment for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:

      (a) Files an additional bond pursuant to subsection 1 of NRS 482.345;

      (b) Restores the deposit with the department to the original amount required under this section; or

      (c) Satisfies the outstanding judgment for which he is liable under the deposit.

      4.  A deposit made pursuant to subsection 1 may be refunded:

      (a) By order of the director, at the expiration of 3 years from the date when the licensee ceases to be licensed by the department, if the director is satisfied that there are no outstanding claims against the deposit; or

 


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ê1981 Statutes of Nevada, Page 190 (Chapter 90, SB 298)ê

 

when the licensee ceases to be licensed by the department, if the director is satisfied that there are no outstanding claims against the deposit; or

      (b) By order of court, at any time prior to the expiration of 3 years from the date the licensee ceases to be licensed by the department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.

      5.  Any money received by the department pursuant to subsection 1 must be deposited with the state treasurer for credit to the motor vehicle fund.

      Sec. 5.  NRS 482.010 is hereby amended to read as follows:

      482.010  As used in this chapter unless the context otherwise requires, the words and terms defined in NRS 482.011 to 482.135, inclusive, and sections 2 and 3 of this act, have the meanings ascribed to them in those sections.

      Sec. 6.  NRS 482.320 is hereby amended to read as follows:

      482.320  1.  A manufacturer, dealer or rebuilder having an established place of business in this state, or a manufacturer who has executed a franchise with a dealer or distributor having an established place of business in this state, and owning or controlling any new or used vehicle of a type otherwise required to be registered under the provisions of this chapter, may operate or move [such] that vehicle if there is displayed thereon a special plate or plates issued to [such] the manufacturer, dealer or rebuilder as provided in NRS 482.330. Such a vehicle may also be moved or operated for the purpose of towing other vehicles which are to be sold or exchanged, or stored for the purpose of sale or exchange.

      2.  The provisions of this section do not apply to:

      (a) Work or service vehicles owned or controlled by a manufacturer, dealer or rebuilder.

      (b) Vehicles leased by dealers, except vehicles rented or leased to vehicle salesmen in the course of their employment.

      Sec. 7.  NRS 482.325 is hereby amended to read as follows:

      482.325  1.  Applications for a manufacturer’s, dealer’s or rebuilder’s license [shall] must be filed upon forms supplied by the department, and the applicant shall furnish:

      (a) Such proof as the department may deem necessary that the applicant is a manufacturer, dealer or rebuilder.

      (b) A fee of $25.

      2.  Upon receipt of [such] the application and when satisfied that the applicant is entitled thereto, the department shall issue to the applicant a dealer’s, manufacturer’s or rebuilder’s license certificate containing the latter’s name and the address of his established place of business [.] or the address of the main office of a manufacturer without an established place of business in this state.

      3.  Licenses issued pursuant to this section [shall] expire on December 31 of each year. [Prior to] Before December 31 of each year, [licensees shall] a licensee must furnish the department with an application for renewal of [such] his license accompanied by an annual fee of $25. The renewal application [shall] must be provided by the department and [shall] contain information required by the department.

      Sec. 8.  NRS 482.345 is hereby amended to read as follows:

      482.345  1.  [Before] Except as provided in subsection 6, before any dealer’s license, dealer’s plate, special dealer’s plate or rebuilder’s license or rebuilder’s plate is furnished to a manufacturer, dealer or rebuilder as provided in this chapter, the department shall require that the applicant make application for a dealer license and dealer plate or a rebuilder license and rebuilder plate upon a form to be furnished by the department, and the applicant shall furnish such information as the department may require, including proof that the applicant has an established place of business in this state, and also, except as provided in subsection 2, procure and file with the department a good and sufficient bond in the amount of $10,000 with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a dealer or rebuilder without fraud or fraudulent representation, and without violation of the provisions of this chapter.


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ê1981 Statutes of Nevada, Page 191 (Chapter 90, SB 298)ê

 

dealer’s license, dealer’s plate, special dealer’s plate or rebuilder’s license or rebuilder’s plate is furnished to a manufacturer, dealer or rebuilder as provided in this chapter, the department shall require that the applicant make application for a dealer license and dealer plate or a rebuilder license and rebuilder plate upon a form to be furnished by the department, and the applicant shall furnish such information as the department may require, including proof that the applicant has an established place of business in this state, and also, except as provided in subsection 2, procure and file with the department a good and sufficient bond in the amount of $10,000 with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a dealer or rebuilder without fraud or fraudulent representation, and without