[Rev. 4/6/2015 4:27:44 PM]

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ê1981 Statutes of Nevada, Page 801 (Chapter 427, SB 69)ê

 

      (g) That the assessment complained of is discriminatory in that it is not in accordance with a uniform and equal rate of assessment and taxation, but is at a higher rate of the [full cash] taxable value of the property so assessed than that at which the other property in the state is assessed.

      5.  In a suit based upon any one of the grounds mentioned in paragraphs (e) to (g), inclusive, of subsection 4, the court shall conduct the trial without a jury and confine its review to the record before the state board of equalization. Where procedural irregularities by the board are alleged and are not shown in the record, the court may take evidence respecting the allegation and, upon the request of either party, shall hear oral argument and receive written briefs on the matter.

      6.  In all cases mentioned in this section where the complaint is based upon any grounds mentioned in subsection 4, the entire assessment [shall] must not be declared void but [shall only be void] is void only as to the excess in valuation.

      7.  In any judgment recovered by the taxpayer under this section, the court may provide for interest thereon not to exceed 6 percent per annum from and after the date of payment of the tax complained of.

      Sec. 19.3.  NRS 361.450 is hereby amended to read as follows:

      361.450  1.  Except as provided in subsection 3, every tax levied under the provisions of or authority of this chapter [shall be] is a perpetual lien against the property assessed until [such taxes] the tax and any penalty charges and interest which may accrue thereon [shall be] are paid.

      2.  The lien [shall attach on the 1st Monday in September prior to the date on] attaches on July 1 of the year for which the taxes are levied, [and shall be] upon all property then within the county. The lien [shall attach] attaches upon all other property on the day it is moved into the county [.] whether or not the owner has real estate within the county of sufficient value to pay the taxes on both his real and personal property. If real and personal property are assessed against the same owner, a lien [shall attach] attaches upon such real property also for the tax levied upon the personal property within the county; and a lien for taxes on personal property [shall also attach] also attaches upon real property assessed against the same owner in any other county of the state from the date on which a certified copy of any unpaid property assessment is filed for record with the county recorder in the county in which the real property is situated.

      3.  All liens for taxes levied under this chapter which have already attached to a mobile home expire on the date when the mobile home is sold, except the liens for personal property taxes due in the county in which the mobile home was situate at the time of sale, for any part of the 12 months immediately preceding the date of sale.

      4.  All special taxes levied for city, town, school, road or other purposes throughout the different counties of this state [shall be] are a lien on the property so assessed, and [shall] must be assessed and collected by the same officer at the same time and in the same manner as the state and county taxes are [now or may hereafter be] assessed and collected.

      Sec. 19.4.  NRS 361.465 is hereby amended to read as follows:


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ê1981 Statutes of Nevada, Page 802 (Chapter 427, SB 69)ê

 

      361.465  1.  Immediately upon the levy of the tax rate the county clerk shall inform the county auditor of the action of the board of county commissioners. The county auditor shall proceed to extend the tax roll by applying the tax rate levied to the total valuation and ascertaining the total taxes to be collected from each property owner.

      2.  When the tax roll has been so extended, and not later than June [1] 15 of each year, the county auditor shall deliver [the same,] it, with his certificate attached, to the ex officio tax receiver of the county.

      Sec. 19.5.  NRS 361.483 is hereby amended to read as follows:

      361.483  1.  Except as provided in subsection 4, taxes assessed upon the real property tax roll and upon mobile homes as defined in NRS 361.561 are due [and payable] on the [1st] 3rd Monday of July.

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

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

      4.  If a person elects to pay in quarterly installments, the first installment is due [and payable] on the 3rd Monday of July, the second installment on the 1st Monday of October, the third installment on the 1st Monday of January, and the fourth installment on the 1st Monday of March.

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

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

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

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

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

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

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

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

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

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

      Sec. 19.6.  NRS 361.505 is hereby amended to read as follows:

      361.505  1.  Each county assessor, when he assesses the property of any person [or persons, company or corporation] liable to taxation who does not own real estate within the county of sufficient value, in the county assessor’s judgment, to pay the taxes on both his [or their] real and personal property, shall proceed immediately to collect the taxes on the personal property so assessed, except as to mobile homes as provided in subsection 3 of NRS 361.483.


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ê1981 Statutes of Nevada, Page 803 (Chapter 427, SB 69)ê

 

does not own real estate within the county of sufficient value, in the county assessor’s judgment, to pay the taxes on both his [or their] real and personal property, shall proceed immediately to collect the taxes on the personal property so assessed, except as to mobile homes as provided in subsection 3 of NRS 361.483.

      2.  The county assessor shall prorate the tax on personal property brought into or entering the state or county for the first time during the fiscal year by reducing the tax one-twelfth for each full month which has elapsed since the beginning of the fiscal year. Where such property is owned by a person who does own real estate in the county of sufficient value in the county assessor’s judgment to pay the taxes on both his real and personal property, the tax on the personal property for the fiscal year in which the property was moved into the state or county, prorated, may be collected all at once or by installments as permitted by NRS 361.483 for property assessed upon the real property tax roll. The tax on personal property first assessed in May or June may be added to the tax on that property for the ensuing fiscal year and collected concurrently with it.

      3.  The person paying such taxes [shall not be] is not thereby deprived of his right to have such assessment equalized, and if, upon such equalization, the value is reduced, the taxes paid [shall] must be refunded to such person from the county treasury, upon the order of the [board of county commissioners,] county or state board of equalization in proportion to the reduction of the value made.

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

      3.  Nothing contained] 4.  Nothing in this section or any other statute [shall be construed as prohibiting] prohibits the county assessor from prorating the count on livestock situated within the state for a portion of a year.

      Sec. 19.7.  NRS 361.535 is hereby amended to read as follows:

      361.535  1.  If the person, [or persons,] company or corporation so assessed [shall neglect or refuse to pay such taxes on demand of the county assessor, the county assessor or his deputy shall seize sufficient] neglects or refuses to pay the taxes within 30 days after demand, a penalty of 10 percent must be added. If the tax and penalty are not paid on demand, the county assessor or his deputy shall seize, seal or lock enough of the personal property of the person, [or persons,] company or corporation so neglecting or refusing to pay to satisfy the taxes and costs.

      2.  The county assessor shall post a notice of [such] the seizure, with a description of the property, in three public places in the township or district where it is seized, and shall, at the expiration of 5 days, proceed to sell at public auction, at the time and place mentioned in the notice, to the highest bidder, for lawful money of the United States, a sufficient quantity of such property to pay the taxes and expenses incurred. For this service the county assessor [shall] must be allowed from the delinquent person a fee of $3.


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ê1981 Statutes of Nevada, Page 804 (Chapter 427, SB 69)ê

 

service the county assessor [shall] must be allowed from the delinquent person a fee of $3.

      3.  If the personal property seized by the county assessor or his deputy [,] consists of a mobile home, house trailer or boat, the county assessor shall publish a notice of such seizure once during each of 2 successive weeks in a newspaper of general circulation in the county. If the legal owner of such property is someone other than the registered owner and the name and address of the legal owner can be ascertained from the records of the department of motor vehicles, the county assessor shall, prior to such publication, send a copy of such notice by registered or certified mail to such legal owner. The cost of such publication and notice [shall] must be charged to the delinquent taxpayer. Such notice [shall] must state:

      (a) The name of the owner, if known.

      (b) The description of the property seized, including the make, model and color and the serial number, motor number, body number or other identifying number.

      (c) The fact that [such] the property has been seized and the reason for [such] seizure.

      (d) The amount of the taxes due on [such] the property and the penalties and costs as provided by law.

      (e) The time and place at which such property is to be sold.

After the expiration of 5 days from the date of the second publication of such notice, [such property shall] the property must be sold at public auction in the manner provided in subsection 2 for the sale of other personal property by the county assessor.

      4.  Upon payment of the purchase money, the county assessor shall deliver to the purchaser of the property sold, with a certificate of the sale, a statement of the amount of taxes or assessment and the expenses thereon for which the property was sold, whereupon the title of the property so sold [shall vest] vests absolutely in the purchaser.

      Sec. 19.8.  NRS 361.562 is hereby amended to read as follows:

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

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

      (b) Satisfy the county assessor that he owns real estate within the county of sufficient value, in the county assessor’s judgment, to pay the taxes on both his real and personal property. In this case, the personal property taxes which the county assessor is required to collect against the mobile home or slide-in camper and its contents for the fiscal year in which it is purchased, may be collected all at once or by installments as permitted by NRS 361.483 for property assessed upon the real property tax roll.

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


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ê1981 Statutes of Nevada, Page 805 (Chapter 427, SB 69)ê

 

personal property taxes, except as provided in paragraph (b) of subsection 1 and except as to mobile homes as provided in subsection 3 of NRS 361.483.

      Sec. 20.  NRS 361.695 is hereby amended to read as follows:

      361.695  The defendant may answer [, which answer shall be verified:] by a verified pleading:

      1.  That the taxes and penalties have been paid before suit.

      2.  That the taxes with penalties and costs have been paid since suit, or that such property is exempt from taxation under the provisions of this chapter.

      3.  Denying all claim, title or interest in the property assessed at the time of the assessment.

      4.  That the land is situate in, and has been [duly] assessed in, another county, and the taxes thereon paid.

      5.  Fraud in the assessment, or that the assessment is out of proportion to and above the [actual cash] taxable value of the property assessed. [In the last-mentioned case, where] Where the defense is based upon the ground that the assessment is above the [actual cash] taxable value of the property, the defense [shall only be] is only effectual as to the proportion of the tax based upon such excess of valuation; but in no such case [shall] may an entire assessment be declared void.

      Sec. 20.5.  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 conversion of solid wastes; or

      (d) Water power,

which conforms to standards established by regulation of the department.

      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 the property at its assessed value with the system and the tax on 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 must be [made under oath or affirmation] signed under penalty of perjury and filed in such form and content, and accompanied by such proof, as the department may prescribe.


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ê1981 Statutes of Nevada, Page 806 (Chapter 427, SB 69)ê

 

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 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.] on or before the 1st Monday in August for the ensuing fiscal year. The claim remains effective until the ownership of the property is changed or the system is removed.

      6.  [By not] Not later than May 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,] day other than Saturday, Sunday or a legal holiday, 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] 15 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. 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 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. 21.  NRS 361A.020 is hereby amended to read as follows:

      361A.020  1.  “Agricultural real property” means:

      (a) Land:

             (1) Devoted exclusively for at least 3 consecutive years immediately preceding the assessment date to:

             (I) Agricultural use; or

             (II) Activities which prepare the land for agricultural use; and


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ê1981 Statutes of Nevada, Page 807 (Chapter 427, SB 69)ê

 

             (2)  Having a greater value for another use than for agricultural use. For the purposes of this subparagraph, agricultural land devoted to agricultural use has a greater value for another use if its [full cash] taxable value determined pursuant to NRS 361.227 and 361.260 exceeds its value for agricultural use determined on the basis provided in NRS 361.325.

      (b) The improvements on such land which support accepted agricultural practices except any structures or any portion of a structure used primarily as a human dwelling.

The term does not apply to any land with respect to which the owner has granted and has outstanding any lease or option to buy the surface rights for other than agricultural use, except leases for the exploration of geothermal resources as defined in NRS 361.027, mineral resources or other subsurface resources, or options to purchase such resources, if such exploration does not interfere with the agricultural use of the land.

      2.  As used in this section, “accepted agricultural practices” means a mode of operation that is common to farms or ranches of a similar nature, necessary for the operation of such farms or ranches to obtain a profit in money and customarily utilized in conjunction with agricultural use.

      Sec. 22.  NRS 361A.130 is hereby amended to read as follows:

      361A.130  1.  If the property is found to be agricultural real property, the county assessor shall determine its value for agricultural use and assess it for taxes to be collected in the ensuing fiscal year at 35 percent of that value. At the same time the assessor shall make a separate determination of its [full cash] taxable value pursuant to NRS 361.227 and 361.260 if he determines that the property is located in a higher use area. If the assessor determines that the property is not located in a higher use area, he shall make the agricultural use assessment only, and shall not make the [full cash] taxable value assessment, except as provided in NRS 361A.155.

      2.  The [full cash] taxable value assessment [shall] must be maintained in the assessor’s records, and [shall] must be made available to any person upon request. The property owner shall be notified of the [full cash] taxable value assessment each year the property is reappraised, together with the agricultural use assessment, in the manner prescribed by the department.

      3.  The entitlement of agricultural real property to agricultural use assessment [shall] must be determined as of [the first Monday in September] December 15 in each year. If the property becomes disqualified for such assessment [prior to the first Monday in September in the same year, it shall] before that date, it must be assessed as all other real property is assessed [.] and taxed in the ensuing fiscal year upon the basis of this regular assessment.

      Sec. 23.  NRS 361A.155 is hereby amended to read as follows:

      361A.155  1.  When any agricultural real property whose [full cash] taxable value as determined pursuant to NRS 361.227 and 361.260 has not been separately determined for each year in which agricultural use assessment was in effect for the property is:

      (a) Determined by the county assessor to be located in a higher use area; or


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ê1981 Statutes of Nevada, Page 808 (Chapter 427, SB 69)ê

 

      (b) Converted in whole or in part to a higher use,

the county assessor shall determine its [full cash] taxable value at the time the location in a higher use area is determined or at the time of conversion, respectively, and discount that valuation as appropriate to determine the valuation against which to compute the deferred tax.

      2.  The department shall prescribe by regulation an appropriate procedure for determining [full cash] taxable value assessment under this section.

      Sec. 24.  NRS 361A.160 is hereby amended to read as follows:

      361A.160  1.  The determination of use, the agricultural use assessment and the [full cash] taxable value assessment in each year are final unless appealed in the manner provided in chapter 361 of NRS for complaints of overvaluation, excessive valuation or undervaluation.

      2.  Any person desiring to have his property assessed for agricultural use who fails to file a timely application may petition the county board of equalization which, upon good cause shown, may accept an application, and, if appropriate, allow that application. The assessor shall then assess the property consistently with the decision of the county board of equalization on the next assessment roll.

      Sec. 25.  NRS 361A.220 is hereby amended to read as follows:

      361A.220  1.  If the property is found by the board of county commissioners to be open-space real property, the county assessor shall determine its value for open-space use and assess it for taxes to be collected in the ensuing fiscal year at 35 percent of that value. At the same time, the assessor shall make a separate determination of its [full cash] taxable value pursuant to NRS 361.227 and 361.260.

      2.  The [full cash] taxable value assessment [shall] must be maintained in the assessor’s records and [shall] must be made available to any person upon request. The property owner shall be notified of the [full cash] taxable value assessment each year the property is reappraised, together with the open-space use assessment in the manner prescribed by the department.

      3.  The entitlement of open-space real property to open-space use assessment [shall] must be determined as of [the first Monday in September] December 15 in each year. If the property becomes disqualified for open-space assessment [prior to the first Monday in September in the same year, it shall] before that date it must be assessed as all other real property is assessed [.] and taxed in the ensuing fiscal year upon the basis of this regular assessment.

      Sec. 26.  NRS 361A.240 is hereby amended to read as follows:

      361A.240  1.  The determination of use, the open-space use assessment and the [full cash] taxable valuable assessment in each year are final unless appealed.

      2.  The applicant for open-space assessment is entitled to:

      (a) Appeal the determination made by the board of county commissioners to the district court in the county where the property is located, or if located in more than one county, in the county in which the major portion of the property is located, as provided in NRS 278.027.

      (b) Equalization of both the open-space use assessment and the [full cash] taxable value assessment in the manner provided in chapter 361 of NRS for complaints for overvaluation, excessive valuation or undervaluation.


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ê1981 Statutes of Nevada, Page 809 (Chapter 427, SB 69)ê

 

NRS for complaints for overvaluation, excessive valuation or undervaluation.

      Sec. 27.  NRS 361A.280 is hereby amended to read as follows:

      361A.280  1.  When agricultural or open-space real property which is receiving agricultural or open-space use assessment is converted to a higher use, there shall be added to the tax extended against the property on the next property tax statement, an amount equal to the sum of the following:

      (a) The deferred tax, which is the difference between the taxes paid or payable on the basis of the agricultural or open-space use assessment and the taxes which would have been paid or payable on the basis of the [full cash] taxable value determination for each year in which agricultural or open-space use assessment was in effect for the property, up to 84 months immediately preceding the date of conversion from agricultural or open-space use. The 84-month period includes the most recent year of agricultural or open-space use assessment but does not include any period before July 1, 1976.

      (b) A penalty equal to 20 percent of the accumulated deferred tax for each year in which the owner failed to give the notice required by NRS 361A.270.

      2.  The deferred tax and penalty are a perpetual lien until paid as provided in NRS 361.450; but if the property is not converted to a higher use within 84 months after the date of attachment, the lien for that earliest year then expires.

      3.  Each year a statement of liens attached pursuant to this section must be recorded with the county recorder by the tax receiver in a form prescribed by the department upon completion of the tax statement.

      4.  If agricultural or open-space real property receiving agricultural or open-space use assessment is sold or transferred to an ownership making it exempt from [ad valorem property taxation between July 1 and the first Monday in September, inclusive, in any year,] taxation ad valorem, a lien for a proportional share of the deferred taxes that would otherwise have been due in the following year, attaches on the day preceding the sale or transfer. The lien [shall] must be enforced against the property when it is converted to a higher use, even though the owner at the time of conversion enjoys an exemption from taxation.

      Sec. 27.5.  NRS 362.130 is hereby amended to read as follows:

      362.130  1.  When the department determines the net proceeds of any mine or mines, the Nevada tax commission shall prepare its certificate of the amount of the net proceeds of the mine or mines in triplicate and shall file one copy of the certificate with the department, one copy with the county assessor of the county in which the mine or mines are located, and shall send the third copy to the person, corporation or association which is the owner of the mine, operator of the mine, or recipient of the royalty payment, as the case may be.

      2.  Upon the filing of the copy of the certificate with the county assessor and with the department, the assessment [shall be deemed to be] is made in the amount fixed by the certificate of the Nevada tax commission, and taxes thereon at the rate established are immediately due. [and payable.] The certificate of assessment must be filed and mailed not later than [the 15th day of] May 25 immediately following the month of February during which the statement was filed.


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ê1981 Statutes of Nevada, Page 810 (Chapter 427, SB 69)ê

 

later than [the 15th day of] May 25 immediately following the month of February during which the statement was filed.

      Sec. 28.  NRS 367.025 is hereby amended to read as follows:

      367.025  For the purposes of this chapter, the [full cash] taxable value of a share of stock in a bank is its proportionate part of the aggregate taxable capital. Such aggregate taxable capital [shall] must be determined in the following manner:

      1.  The average of each of the following factors [shall] must be computed for the fiscal year preceding the valuation, using the respective amounts as of the end of each calendar quarter:

      (a) Cash;

      (b) Demand deposits;

      (c) Time deposits; and

      (d) Total deposits.

      2.  From the average cash [shall] must be subtracted an appropriate cash reserve, which [shall] must be the sum of:

      (a) Average demand deposits multiplied by that percentage established by the Board of Governors of the Federal Reserve System as a required cash reserve for member banks, as of the close of the fiscal year preceding the valuation.

      (b) Average time deposits multiplied by that percentage established by the Board of Governors of the Federal Reserve System as a required cash reserve for member banks as of the close of the fiscal year preceding valuation.

The appropriate cash reserve [shall] must be computed in the same manner for all banks, whether or not they are members of the Federal Reserve System.

      3.  From the average total deposits [shall] must be subtracted the excess cash, which is the difference obtained pursuant to subsection 2, if any.

      4.  The difference obtained pursuant to subsection 3 [shall] must be multiplied by 9 percent, to obtain the capital equivalent of the deposits.

      5.  From the capital equivalent obtained pursuant to subsection 4 [shall] must be subtracted the [full cash] taxable value of all real property assessed to the bank. The difference so obtained is the aggregate taxable capital of the bank.

      Sec. 29.  NRS 367.030 is hereby amended to read as follows:

      367.030  1.  All shares of stock in banks, including shares subscribed but not issued, existing by authority of the United States, or of the State of Nevada, or of any other state, territory or foreign government, and located within the State of Nevada, [shall] must be assessed to the owners thereof in the county, city, town or district where such banks are located, and not elsewhere, in the assessment of all state, county, town or special taxes, imposed and levied in such place, whether such owner is a resident of the county, city, town or district, or not.

      2.  All such shares [shall] must be assessed at 35 percent of their [full cash] taxable value determined as of July 1.

      3.  The proportionate parts of the shares of stock in a bank having branches in one or more counties, cities, towns or districts, [shall] must be assessed as provided [herein] in this section in such counties, cities, towns or districts where such bank or branches may be situated, such proportionate parts to be assessed in each such county, town, city or district being determined by the ratio which the total deposits, both time and demand, at the close of banking hours on the last business day of the preceding fiscal year in the bank or branch situated in such county, city, town or district bear to the total of such deposits on the last business day of the preceding fiscal year in all of the banks and branches thereof, ownership of which is represented by the shares of stock so assessed.


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ê1981 Statutes of Nevada, Page 811 (Chapter 427, SB 69)ê

 

cities, towns or districts where such bank or branches may be situated, such proportionate parts to be assessed in each such county, town, city or district being determined by the ratio which the total deposits, both time and demand, at the close of banking hours on the last business day of the preceding fiscal year in the bank or branch situated in such county, city, town or district bear to the total of such deposits on the last business day of the preceding fiscal year in all of the banks and branches thereof, ownership of which is represented by the shares of stock so assessed.

      4.  The persons or corporations who appear from the records of the banks to be the owners of shares at the close of the business day on July 1, or if July 1 is not a business day then the next-succeeding business day, in each year shall be [taken and] deemed to be the owners thereof for the purposes of this section.

      Sec. 30.  NRS 367.050 is hereby amended to read as follows:

      367.050  1.  On or before August 1 of each year, each bank which is located or has a branch located in this state shall report to the department, upon forms which shall be prescribed by the department:

      (a) The quarterly amounts of its cash, demand deposits, time deposits and total deposits for the preceding fiscal year; and

      (b) A list showing the total deposits in its principal office and in each of its branches at the close of the last business day of the preceding fiscal year, segregated according to the county in which such office and each branch is situated.

      2.  On or before September 1 of each year, each county assessor shall transmit to the department a list showing the [full cash] taxable value of each parcel of real property in his county which is assessed to a bank for the current fiscal year.

      3.  The department shall annually, at its regular meeting beginning on the 1st Monday in October, determine:

      (a) The aggregate taxable capital of each bank which is located or has a branch located in this state; and

      (b) The proportion of such aggregate taxable capital which is required to be assessed in each county of the state.

      4.  On or before the 1st Monday in December, the department shall transmit to each county assessor the amount of the aggregate taxable capital of each bank which is required to be assessed in his county, and each assessor shall adopt as the [full cash] taxable value of the shares of stock of each such bank the amounts so shown.

      Sec. 30.3.  NRS 482.180 is hereby amended to read as follows:

      482.180  1.  The motor vehicle fund is hereby created as an agency fund. All money received or collected by the department must be deposited in the state treasury for credit to the motor vehicle fund.

      2.  Any check accepted by the department in payment of vehicle privilege tax or any other fee required to be collected under this chapter must, if it is dishonored upon presentation for payment, be charged back against the motor vehicle fund or the county to which the payment was credited, in the proper proportion.

      3.  Money for the administration of the provisions of this chapter must be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law.


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

ê1981 Statutes of Nevada, Page 812 (Chapter 427, SB 69)ê

 

law. Out of the appropriation the department shall pay every item of expense.

      4.  The department shall certify monthly to the state board of examiners the amount of privilege taxes collected for each county by the department and its agents during the preceding month, and that money must be distributed monthly as provided in subsection 5.

      5.  The distribution of the privilege tax within a county must be made to local governments, as defined in NRS 354.474, in the same ratio as all property taxes were levied in the county in the previous fiscal year, but the State of Nevada is not entitled to share in that distribution. The amount attributable to the debt service of each school district must be included in the allocation made to each county government. For the purpose of this subsection, the taxes levied by each local government are the product of its certified valuation, determined pursuant to subsection 2 of NRS 361.405, and its tax rate, established pursuant to NRS 361.455 [,] for the fiscal year beginning on July 1, 1980, except that the tax rate for school districts is the rate established pursuant to NRS 361.455 for the fiscal year beginning on July 1, 1978. Local governments, other than incorporated cities, are entitled to receive no distribution if the distribution to the local government is less than $100. Any undistributed money accrues to the county general fund of the county in which the local government is located. The department shall make distributions directly to counties, county school districts and incorporated cities or towns. Distributions for other local governments within a county must be paid to the counties for distribution to the other local governments.

      6.  Privilege taxes collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operation must be distributed among the counties in the following percentages:

 

Carson City.................       1.07 percent            Lincoln.................       3.12 percent

Churchill......................       5.21 percent            Lyon.....................       2.90 percent

Clark............................    22.54 percent            Mineral.................       2.40 percent

Douglas........................       2.52 percent            Nye........................       4.09 percent

Elko..............................    13.31 percent            Pershing................       7.00 percent

Esmeralda...................       2.52 percent            Storey...................         .19 percent

Eureka.........................       3.10 percent            Washoe................    12.24 percent

Humboldt....................       8.25 percent            White Pine............       5.66 percent

Lander.........................       3.88 percent

 

The distributions must be allocated among local governments within the respective counties pursuant to the provisions of subsection 5.

      7.  As commission to the state for collecting the privilege taxes on vehicles subject to the provisions of this chapter and chapter 706 of NRS the department shall retain 6 percent from counties having a population of 30,000 or more and 1 percent from counties having a population of less than 30,000.

      8.  When the foregoing requirements have been met, and when directed by the department, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.

      Sec. 30.6.  NRS 361.267, 361.285, 361.290, 361.735, 361.750 and 361.760 are hereby repealed.


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ê1981 Statutes of Nevada, Page 813 (Chapter 427, SB 69)ê

 

      Sec. 31.  1.  Notwithstanding the provisions of NRS 361.225, except as provided in section 32 of this act, all property subject to taxation must be assessed at 35 percent of its adjusted cash value. The adjusted cash value is calculated by multiplying the full cash value of the property by the factor shown in the following table for the class and for the fiscal year in which the property was most recently appraised:

 

                                                                                                                                            Factor for

                                                                                        Factor for                                        Other

          Year of Appraisal                                     Residential Improvements                         Property

1976–1977 or earlier                                       1.416                                          1.438

1977–1978                                                        1.190                                          1.313

1978–1979                                                        1.000                                          1.199

1979–1980                                                        0.840                                          1.095

1980–1981                                                        0.706                                          1.000

 

      2.  The assessment provided in subsection 1 must be used only for the levying of taxes to be collected during the fiscal year 1981–1982 on all property to which they apply.

      3.  As used in this section, “residential improvement” means a single-family dwelling, a townhouse or a condominium, and its appurtenances.

      Sec. 31.3.  1.  Notwithstanding the provisions of NRS 361.225, for the assessment period ending December 15, 1981, all property, except as provided in section 32 of this act, must be assessed at 35 percent of taxable value. For existing properties the taxable value must be determined by multiplying the adjusted cash value calculated pursuant to section 31 of this act by the appropriate factors provided by the department of taxation. For new properties the county assessor must determine taxable value consistent with the value of like properties as determined from adjusted cash value.

      2.  The department shall develop the factors for determining the taxable value of these properties no later than September 1, 1981. The factors and the projected results of their application must be reviewed by the interim legislative committee on local governmental finance which must adopt, modify or reject the factors no later than September 15, 1981. Immediately thereafter the department shall furnish the factoring schedules and the regulations for their use to the county assessors.

      3.  No physical appraisals except of new properties need be completed by the county assessors for the assessment period ending December 15, 1981. The requirement of NRS 361.260 for appraisal at 5-year intervals is tolled during the fiscal year beginning on July 1, 1981.

      Sec. 31.6.  The amendments made to NRS 361.227 by section 8 of this act do not apply to personal property placed on the secured or unsecured roll before May 1, 1982.

      Sec. 32.  The provisions of sections 31 and 31.3 of this act do not apply to the assessment of:

      1.  Any personal property;

      2.  Any property assessed by the Nevada tax commission pursuant to NRS 361.320;

      3.  Any land assessed by the Nevada tax commission pursuant to NRS 361.325;

      4.  Any real property assessed pursuant to chapter 361A of NRS; or


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ê1981 Statutes of Nevada, Page 814 (Chapter 427, SB 69)ê

 

      5.  Shares of stock in banks pursuant to chapter 367 of NRS,

or to the assessment or taxation of mining claims or the net proceeds of mines under chapter 362 of NRS.

      Sec. 32.5.  (Deleted by amendment.)

      Sec. 33.  The legislature finds that:

      1.  The factors prescribed in section 31 of this act for the respective years of appraisal have the approximate effect of placing property appraised before the fiscal year 1980–1981 on a parity with property appraised during that fiscal year, and the respective classes of real property separately specified in that section on a parity with one another.

      2.  Such an approximation is necessary in order to permit the orderly collection of taxes ad valorem during the fiscal year 1981–1982.

      3.  Each of the classes of property excluded from the operation of section 31 of this act is assessed pursuant to NRS in such a manner that no adjustment is required to place all property within that class on a parity.

      Sec. 34.  1.  Before July 1, 1981, each county assessor shall determine the required assessment for each parcel of real property assessed according to its adjusted cash value pursuant to section 31 of this act, and deliver the adjusted assessment roll to the county auditor.

      2.  The county auditor shall extend the adjusted assessment roll by applying the tax rate certified by the department of taxation to the adjusted assessed valuation and ascertain the total taxes to be collected from each property owner. The county auditor shall also calculate what the taxes to be collected during the fiscal year beginning on July 1, 1981, would have been on each property had there been no adjustment to the property’s assessed valuation or the proposed tax rate. For this purpose, the department of taxation shall on or before May 30 notify each county auditor of the tax rate which would have been necessary to support the budget of each local government for the fiscal year beginning on July 1, 1981, under prior law.

      3.  When the adjusted tax roll has been extended, and not later than July 17, the county auditor shall deliver it to the ex officio tax receiver of the county.

      4.  Upon receipt of the adjusted assessment roll, the ex officio tax receiver shall:

      (a) Publish notice of the dates when the taxes to be collected during the fiscal year beginning on July 1, 1981, are due;

      (b) Proceed to bill each owner or other person to whom tax bills are sent for a particular parcel for the taxes due;

      (c) Include in the billing a notice of change of valuation which includes the prior assessed valuation and the adjusted assessed valuation; and

      (d) Include in the billing a notice of what the taxes would have been had the assessed valuation and the proposed tax rate not been adjusted.

If the billing is sent to anyone other than the owner, the ex officio tax receiver shall send a copy of the tax bill and the required notices to the owner.

      5.  If, after receipt of a tax bill and notice of change of assessed valuation, any person believes the adjusted assessed valuation of his property is incorrect or unjust, he may file a protest with the county board of equalization no later than August 14, 1981.


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ê1981 Statutes of Nevada, Page 815 (Chapter 427, SB 69)ê

 

equalization no later than August 14, 1981. The county board of equalization of each county must hold special meetings to hear those protests beginning August 17, 1981, and must conclude its work no later than September 15, 1981. The county board shall hear only protests on properties for which the adjusted valuation exceeds the valuation on the 1980–81 equalized assessment roll or the prior year’s equalized valuation.

      6.  Any person who is aggrieved at the action of the county board of equalization on his protest may appeal that action to the state board of equalization not later than 5 days after the action of the county board of equalization. The state board shall hold special hearings as often as is necessary to determine those appeals as expeditiously as possible. These hearings must be concluded no later than October 1, 1981. The secretary of the state board of equalization shall immediately, as each change in the adjusted assessed valuation is made by the board, certify that change to the appropriate county auditor who shall forthwith enter the change on the adjusted assessment roll. The secretary shall also issue an order to the ex officio tax receiver of the appropriate county who shall, if applicable, issue a refund of excess taxes paid or adjust the balance due to reflect the changes made by the county board of equalization or by the state board of equalization.

      Sec. 34.5.  Notwithstanding the provisions of NRS 361.455, the Nevada tax commission shall meet on July 10, 1981, to set and certify tax rates for local governments to be collected during the fiscal year beginning on July 1, 1981.

      Sec. 35.  1.  Each local government shall, with the approval of the department of taxation, revise its budget for the fiscal year commencing July 1, 1981, if and to the extent necessary to comply with the provisions of this act.

      2.  The taxes on real property otherwise due under NRS 361.483 on the 1st or 3rd Monday of July, 1981, are due on the 3rd Monday of August, 1981.

      Sec. 35.5.  Every lender whose loan is secured by an encumbrance of real property and who requires periodic payments by the borrower into a special account for the payment of taxes on that real property shall fully adjust the balance of and payments into that account, to reflect any reduction of property taxes resulting from laws enacted by the 61st session of this legislature, no later than July 1,1982. If completion of the adjustment is deferred beyond October 1, 1981, the adjustment must be accomplished by an appropriate schedule of equal payments into the account for all the months from July 1981 to June 1982.

      Sec. 36.  The lien for taxes upon real property payable:

      1.  During the fiscal year commencing July 1, 1982; or

      2.  As deferred taxes under NRS 361A.280,

which attached on the first Monday in September 1981, expires on July 1, 1982, and is superseded by the lien for such taxes which attaches on July 1, 1982, as provided in NRS 361.450.

      Sec. 37.  Each county shall pay the necessary expenses of the county assessor in fulfilling his duties under subsection 1 of section 34 of this act.


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

ê1981 Statutes of Nevada, Page 816 (Chapter 427, SB 69)ê

 

act. These expenses must be paid first out of any resources not legally prohibited for this purpose. If no such resources are available, the county may, without regard to any statutory limitation on expenditures or on the use of taxes ad valorem, use any balances available on or before June 30, 1981, in any fund, except a debt service fund, for the purpose of this section.

      Sec. 38.  1.  Section 2 of chapter 93, Statutes of Nevada 1981, is hereby amended to read as follows:

 

       Sec. 2.  1.  Hearing must be held upon tentative budgets for the fiscal year beginning July 1, 1981;

       (a) For counties, on the 1st Thursday in June;

       (b) For cities, on the 2nd Monday in June;

       (c) For school districts, on the 1st Wednesday in June; and

       (d) For all other local governments, on the 1st Friday in June, except that the board of county commissioners may consolidate the hearing on all local government budgets administered by the board of county commissioners with the county budget hearing.

       2.  The final budget for that fiscal year must be adopted and submitted to the Nevada tax commission on or before June 10.

 

      2.  Sections 3, 4 and 5 of chapter 93, Statutes of Nevada 1981, are hereby repealed.

      3.  Chapter 2, Statutes of Nevada 1981, is hereby repealed.

      Sec. 39.  1.  Section 40 of chapter 149, Statutes of Nevada 1981, is hereby amended to read as follows:

 

       Sec. 40.  The legislature declares that this bill [, Senate Bill No. 69] and Senate Bill No. 411 of this session constitute an integrated plan for the relief of the residents of this state from excessive property taxes while providing revenue for the necessary services of local government, and that their provisions are not severable. If any provision of any of these bills which becomes law, or the application thereof to any person, thing or circumstance is held invalid, the other provisions of each of these bills become ineffective, and all statutes repealed by [any] either of these bills are revived.

 

      2.  Section 20 of chapter 150, Statutes of Nevada 1981, is hereby amended to read as follows:

 

       Sec. 20.  1.  Except as provided in subsection 2, the legislature declares that this bill [, Senate Bill No. 69] and Assembly Bill No. 369 constitute an integrated plan for the relief of the residents of this state from excessive property taxes while providing revenue for the necessary services of local government, that their provisions are not severable. If any provision of any of these bills which becomes law, or the application thereof to any person, thing or circumstance is held invalid, the other provisions of each of these bills become ineffective, and all statutes repealed by [any] either of these bills are revived.

       2.  If the interim legislative committee on local governmental finance is held invalid as a whole or unable to perform any particular function, all of its functions or that particular function, as the case may be, devolve upon the Nevada tax commission.


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

ê1981 Statutes of Nevada, Page 817 (Chapter 427, SB 69)ê

 

      Sec. 40.  1.  This section and sections 31 to 39, inclusive, of this act, shall become effective upon passage and approval.

      2.  Except as provided in subsection 3, sections 1 to 30.6, inclusive, of this act shall become effective on July 30, 1981.

      3.  Sections 19.3, 22 and 25 of this act shall become effective on July 1, 1982.

 

________

 

 

CHAPTER 428, SB 112

Senate Bill No. 112–Committee on Judiciary

CHAPTER 428

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

 

[Approved June 1, 1981]

 

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

 

      Section 1.  Sections 14 and 15 of chapter 365, Statutes of Nevada 1979, at page 630, are hereby amended to read as follows:

 

       Sec. 14.  1.  NRS 353.270 is hereby repealed.

       2.  NRS 353.273 is hereby repealed.

       3.  NRS 353.275 is hereby repealed.

       Sec. 15.  Subsection 3 of section 14 shall become effective at 12:02 a.m. on July 1, 1979.

 

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  Chapter 554, Statutes of Nevada 1979, at page 1099, is hereby amended by adding thereto a new section to be designated as section 8, which shall immediately follow section 7 and shall read as follows:

 

       Sec. 8.  Section 7 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

      Sec. 4.  Section 3 of chapter 561, Statutes of Nevada 1979, at page 1111, is hereby amended to read as follows:

 

       Sec. 3.  1.  Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1979.

       2.  Section 2 of this act shall become effective at 12:02 a.m. on July 1, 1979.

 

      Sec. 5.  Chapter 592, Statutes of Nevada 1979, at page 1201, is hereby amended by adding thereto a new section to be designated section 78.5, which shall immediately follow section 78 and shall read as follows:

 

       Sec. 78.5.  Section 20 of chapter 688, Statutes of Nevada 1979, at page 1845, is hereby amended to read as follows:

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

       232.250  The director shall:


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

ê1981 Statutes of Nevada, Page 818 (Chapter 428, SB 112)ê

 

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

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

 

      Sec. 6.  Sections 6 and 9 of chapter 635, Statutes of Nevada 1979, at pages 1375 and 1379, respectively, are hereby amended to read respectively as follows:

 

       Sec. 6.  NRS 361.455 is hereby amended to read as follows:

       361.455  1.  Subsequent to the approval of the final budgets for the various local governments as defined in NRS 354.474 and their submission to the department, for examination and approval, the Nevada tax commission shall certify to the board of county commissioners of each of the several counties the combined tax rate necessary to produce the amount of revenue required by the approved budgets, and shall certify [such] that combined rate, to each of the boards  of county commissioners.

       2.  Immediately upon adoption of the final budgets, if the combined tax rate together with the established state tax rate exceeds the constitutional tax rate limit, the chairman of the board of county commissioners in each county concerned shall call a meeting of the governing boards of each of the local governments within [such] the county for the purpose of establishing a combined tax rate that conforms to the constitutional limitations. The chairman shall convene the meeting no later than [April 14] May 5 of each year.

       3.  The governing boards of the local governments shall meet in public session and the county clerk shall keep appropriate records, pursuant to regulations of the department, of all proceedings.


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

ê1981 Statutes of Nevada, Page 819 (Chapter 428, SB 112)ê

 

pursuant to regulations of the department, of all proceedings. The costs of taking and preparing the record of the proceedings, including the costs of transcribing and summarizing tape recordings, shall be borne by the county and participating incorporated cities in proportion to the final tax rate as certified by the department. The chairman of the board of county commissioners or his designee shall preside at [such] the meeting. The governing boards shall explore areas of mutual concern so as to agree upon a combined tax rate that does not exceed the constitutional limit. That portion of the proposed tax rate of the county school district for the operation and maintenance of public schools composed of the mandatory tax levy specified in paragraph (a) of subsection 2 of NRS 387.195 and the recommended tax levy to be made pursuant to paragraph (b) of subsection 2 of NRS 387.195 may not be reduced by action of the governing boards in order to establish a combined tax rate conforming to constitutional limitations; but that portion of the proposed tax rate of the county school district specified for debt service requirements pursuant to paragraph (c) of subsection 2 of NRS 387.195 is subject to a rate adjustment by action of the governing boards pursuant to this section if the budget of the school district provides another source of money from which the debt service requirement must be met.

       4.  The governing boards shall determine final decisions by a unanimous vote of all entities present and qualified to vote, as defined in this subsection. No ballot may be cast on behalf of any governing board unless a majority of [such] the individual board is present. A majority vote of all members of each governing board is necessary to determine the ballot cast for that entity. All ballots must be cast not later than the day following the day the meeting is convened. The district attorney shall be the legal advisor for such proceedings.

       5.  The county clerk shall immediately thereafter advise the department of the results of the ballots cast and the tax rates set for local governments concerned. If the ballots for the entities present at the meeting in [such] the county are not unanimous, the county clerk shall transmit all records of the proceedings to the department within 5 days after the meeting.

       6.  If a unanimous vote is not obtained and the combined rate in any county together with the established state tax rate exceeds the constitutional tax rate limit, the department shall examine the record of the discussions and the budgets of all local governments concerned. On May [1] 25 or, if May [1] 25 falls on a Saturday or Sunday, on the Monday next following, the Nevada tax commission shall meet to set the tax rates for the next succeeding year for all local governments so examined. In setting [such] the tax rates for the next succeeding year the Nevada tax commission shall not reduce that portion of the proposed tax rate of the county school district for the operation and maintenance of public schools composed of the mandatory tax levy specified in paragraph (a) of subsection 2 of NRS 387.195 and the recommended tax levy to be made pursuant to paragraph (b) of subsection 2 of NRS 387.195.


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

ê1981 Statutes of Nevada, Page 820 (Chapter 428, SB 112)ê

 

NRS 387.195 and the recommended tax levy to be made pursuant to paragraph (b) of subsection 2 of NRS 387.195.

       7.  Any local government affected by a rate adjustment, made in accordance with the provisions of this section, which necessitates a budget revision shall file a copy of its revised budget by June 30 next after the approval and certification of the rate by the Nevada tax commission.

       8.  A copy of the certificate of the Nevada tax commission sent to the board of county commissioners shall be forwarded to the county auditor.

       Sec. 9.  Sections 4 and 6 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

      Sec. 7.  Sections 4, 21, 21.5 and 39 of chapter 593, Statutes of Nevada 1979, at pages 1233, 1243 and 1252, respectively, are hereby amended to read respectively as follows:

 

       Sec. 4.  NRS 361.455 is hereby amended to read as follows:

       361.455  1.  Subsequent to the approval of the final budgets for the various local governments as defined in NRS 354.474 and their submission to the department, for examination and approval, the Nevada tax commission shall certify to the board of county commissioners of each of the several counties the combined tax rate necessary to produce the amount of revenue required by the approved budgets, and shall certify that combined rate, to each of the boards of county commissioners.

       2.  Immediately upon adoption of the final budgets, if the combined tax rate together with the established state tax rate exceeds the [constitutional tax rate limit,] limit imposed by section 2 of this act, the chairman of the board of county commissioners in each county concerned shall call a meeting of the governing boards of each of the local governments within the county for the purpose of establishing a combined tax rate that conforms to the [constitutional limitations.] statutory limit. The chairman shall convene the meeting no later than May 5 of each year.

       3.  The governing boards of the local governments shall meet in public session and the county clerk shall keep appropriate records, pursuant to regulations of the department, of all proceedings. The costs of taking and preparing the record of the proceedings, including the costs of transcribing and summarizing tape recordings, shall be borne by the county and participating incorporated cities in proportion to the final tax rate as certified by the department. The chairman of the board of county commissioners or his designee shall preside at the meeting. The governing boards shall explore areas of mutual concern so as to agree upon a combined tax rate that does not exceed the [constitutional] statutory limit. [That portion of the proposed tax rate of the county school district for the operation and maintenance of public schools composed of the mandatory tax levy specified in paragraph (a) of subsection 2 of NRS 387.195 and the recommended tax levy to be made pursuant to paragraph (b) of subsection 2 of NRS 387.195 may not be reduced by action of the governing boards in order to establish a combined tax rate conforming to constitutional limitations; but that portion of the proposed tax rate of the county school district specified for debt service requirements pursuant to paragraph (c) of subsection 2 of NRS 387.195 is subject to a rate adjustment by action of the governing boards pursuant to this section if the budget of the school district provides another source of money from which the debt service requirement must be met.]

 


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

ê1981 Statutes of Nevada, Page 821 (Chapter 428, SB 112)ê

 

may not be reduced by action of the governing boards in order to establish a combined tax rate conforming to constitutional limitations; but that portion of the proposed tax rate of the county school district specified for debt service requirements pursuant to paragraph (c) of subsection 2 of NRS 387.195 is subject to a rate adjustment by action of the governing boards pursuant to this section if the budget of the school district provides another source of money from which the debt service requirement must be met.]

       4.  The governing boards shall determine final decisions by a unanimous vote of all entities present and qualified to vote, as defined in this subsection. No ballot may be cast on behalf of any governing board unless a majority of the individual board is present. A majority vote of all members of each governing board is necessary to determine the ballot cast for that entity. All ballots must be cast not later than the day following the day the meeting is convened. The district attorney shall be the legal advisor for such proceedings.

       5.  The county clerk shall immediately thereafter advise the department of the results of the ballots cast and the tax rates set for local governments concerned. If the ballots for the entities present at the meeting in the county are not unanimous, the county clerk shall transmit all records of the proceedings to the department within 5 days after the meeting.

       6.  If a unanimous vote is not obtained and the combined rate in any county together with the established state tax rate exceeds the [constitutional tax rate] statutory limit, the department shall examine the record of the discussions and the budgets of all local governments concerned. On May 25 or, if May 25 falls on a Saturday or Sunday, on the Monday next following, the Nevada tax commission shall meet to set the tax rates for the next succeeding year for all local governments so examined. In setting the tax rates for the next succeeding year the Nevada tax commission shall not reduce that portion of the proposed tax rate of the county school district for the operation and maintenance of public schools. [composed of the mandatory tax levy specified in paragraph (a) of subsection 2 of NRS 387.195 and the recommended tax levy to be made pursuant to paragraph (b) of subsection 2 of NRS 387.195.]

       7.  Any local government affected by a rate adjustment, made in accordance with the provisions of this section, which necessitates a budget revision shall file a copy of its revised budget by June 30 next after the approval and certification of the rate by the Nevada tax commission.

       8.  A copy of the certificate of the Nevada tax commission sent to the board of county commissioners shall be forwarded to the county auditor.

       Sec. 21.  NRS 387.1233 is hereby amended to read as follows:

       387.1233  1.  Except as otherwise provided in subsection 2, basic support of each school district must be computed by:

       (a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:


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ê1981 Statutes of Nevada, Page 822 (Chapter 428, SB 112)ê

 

             (1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school year.

             (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school year.

             (3) The count of handicapped minors receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school year.

             (4) The count of children detained in detention homes and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550 to 388.570, inclusive, on the last day of the first school month of the school year.

             (5) One-fourth the average daily attendance—highest 3 months of part-time pupils enrolled in classes and taking courses necessary to receive a high school diploma.

       (b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.

       (c) Multiplying the assessed valuation of property in the school district, as certified by the department of taxation for the concurrent school year, by .003 or a greater or lesser multiplier which corresponds to 80 cents for each $100 of assessed valuation minus the rate levied for the current fiscal year pursuant to subsection 1 of NRS 387.195.

       (d) Adding the amounts computed in paragraphs (a) [and (b).] , (b) and (c).

       2.  If the sum of the counts prescribed in subparagraphs (1) to (4), inclusive, of paragraph (a) of subsection 1 is less than the sum similarly obtained for the immediately preceding school year, the larger sum must be used in computing basic support.

       3.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees [shall] must be credited with attendance during that period.

       Sec. 21.5.  NRS 387.1235 is hereby amended to read as follows:

       387.1235  Local funds available are the [sum of:

       1.  The amount computed by multiplying .007 times the assessed valuation of the school district as certified by the department of taxation for the current school year; and

       2.  The] proceeds of the local school support tax imposed by chapter 374 of NRS. The department of taxation shall furnish an estimate of [such] these proceeds to the superintendent of public instruction on or before July 15 for the fiscal year then begun, and the superintendent shall adjust the final apportionment of the current school year to reflect any difference between [such] the estimate and actual receipts.

       Sec. 39.  1.  This section and section 37 of this act shall become effective upon passage and approval.

       2.  Sections 1 to 36, inclusive, of this act shall become effective upon passage and approval for the purposes of preparing budgets and calculating levies.


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ê1981 Statutes of Nevada, Page 823 (Chapter 428, SB 112)ê

 

upon passage and approval for the purposes of preparing budgets and calculating levies.

       3.  For all other purposes:

       (a) Sections 17, 21 and 21.5 of this act shall become effective at 12:01 a.m. on July 1, 1979;

       (b) Sections 4, 12, 33 and 34 of this act shall become effective at 12:02 a.m. on July 1, 1979; and

       (c) The remaining sections of this act shall become effective on July 1, 1979.

       4.  Sections 1 through 36, inclusive, of this act expire by limitation on June 30, 1981, if before that date the constitution of the State of Nevada is amended to limit the amount of general (ad valorem) taxes on real property to $1 for each $100 of full cash value, or to any lesser amount.

 

      Sec. 8.  Section 6 of chapter 598, Statutes of Nevada 1979, at page 1267, is hereby amended to read as follows:

 

       Sec. 6.  Section 2 of Assembly Bill No. 161 of the 60th regular session of the Nevada legislature is hereby amended to read as follows:

       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 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 cents per mile traveled.

       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 during each regular session of the legislature; and

       (b) A total of [$710] $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 cents per mile.

       4.  Each senator and assemblyman is entitled to receive a per diem expense allowance of $44 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 days.


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ê1981 Statutes of Nevada, Page 824 (Chapter 428, SB 112)ê

 

that he attends a meeting of a standing committee of which he is a member when the legislature has adjourned for more than 3 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 certain time; 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 not more than [$500 as a telephone allowance] $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. 9.  1.  Section 1 of chapter 605, Statutes of Nevada 1979, at page 1301, is hereby amended to read as follows:

 

       Section 1.  NRS 394.371 is hereby amended to read as follows:

       394.371  1.  The following kinds of education and institutions are exempted from the provisions of the Postsecondary Educational Authorization Act:

       [1.](a) Institutions exclusively offering instruction at any level from preschool through the twelfth grade.

       [2.](b) Education sponsored by a bona fide trade, business, professional or fraternal organization, so recognized by the administrator in accordance with regulations of the commission solely for the organization’s membership, or offered on a no-fee basis.

       [3.](c) Education solely avocational or recreational in nature, as determined by the administrator in accordance with regulations of the commission, and institutions offering such education exclusively.

       [4.](d) Education offered by eleemosynary institutions, organizations or agencies, so recognized by the administrator in accordance with regulations of the commission, if such education is not advertised or promoted as leading toward educational credentials.


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ê1981 Statutes of Nevada, Page 825 (Chapter 428, SB 112)ê

 

       [5.](e) Postsecondary educational institutions established, operated and governed by this state or its political subdivisions.

       [6.](f) Schools licensed under other provisions of Nevada law.

       [7.](g) Flying schools certificated by the Federal Aviation Administration.

       2.  An educational seminar is not exempt from the provisions of the Postsecondary Educational Authorization Act if:

       (a) It offers continuing education units or other types of instruction for which the units earned are recognized as college credits and lead toward an academic degree; or

       (b) Its advertising represents that the instruction or training will prepare persons at the entry level for any field or occupation.

The commission shall adopt regulations relating to the criteria for exemption set forth in this subsection and may prescribe conditions and procedures for the granting of exceptions.

 

      2.  Chapter 605, Statutes of Nevada 1979, at page 1301, 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.  This act shall become effective at 12:01 a.m. on July 1, 1979.

 

      Sec. 10.  Section 1 of chapter 619, Statutes of Nevada 1979, at page 1331, is hereby amended to read as follows:

 

       Section 1.  (Deleted by amendment.)

 

      Sec. 11.  Section 4 of chapter 651, Statutes of Nevada 1979, at page 1409, is hereby amended to read as follows:

 

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

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

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

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

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

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

       (a) Establishment of clinic or group practice;


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ê1981 Statutes of Nevada, Page 826 (Chapter 428, SB 112)ê

 

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

       (c) Professional fee billing; and

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

 

      Sec. 12.  Section 242 of chapter 655, Statutes of Nevada 1979, at page 1496, is hereby amended to read as follows:

 

       Sec. 242.  Sections 38, 49, 51, 53, 79, 85, 131, 147 and 241 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

      Sec. 13.  Section 56 of chapter 663, Statutes of Nevada 1979, at page 1557, is hereby amended to read as follows:

 

       Sec. 56.  Sections 49, 54 and 55 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

      Sec. 14.  1.  Chapter 667, Statutes of Nevada 1979, at page 1563, is hereby amended by adding thereto a new section to be designated as section 65.5, which shall immediately follow section 65 and shall read as follows:

 

       Sec. 65.5.  Section 98 of chapter 338, Statutes of Nevada 1979, at page 545, is hereby amended to read as follows:

       Sec. 98.  NRS 387.170 is hereby amended to read as follows:

       387.170  1.  There is hereby created in each county treasury a fund to be designated as the county school district fund, except as otherwise provided in subsection 2.

       2.  In counties with a population of less than 20,000, [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] all money received by the county treasurer under the provisions of NRS 387.175 may be transferred to a separate account established and administered by the board of trustees of the county school district under the provisions of NRS 354.603.

 

      2.  Sections 42, 42.5, 106, 133 and 226 of chapter 667, Statutes of Nevada 1979, at pages 1580, 1600, 1607 and 1644, respectively, are hereby amended to read respectively as follows:

 

       Sec. 42.  NRS 386.365 is hereby amended to read as follows:

       386.365  1.  Except as provided in subsection 3, each board of trustees in any county having a population of 100,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce shall give 15 days’ notice of its intention to adopt, repeal or amend a policy or regulation of the board concerning any of the subjects set forth in subsection 4. The notice must:

       (a) Include a description of the subject or subjects involved and must state the time and place of the meeting at which the matter will be considered by the board; and


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ê1981 Statutes of Nevada, Page 827 (Chapter 428, SB 112)ê

 

       (b) Be mailed to the following persons from each of the schools affected:

             (1) The principal;

             (2) The president of the parent-teacher association or similar body; and

             (3) The president of the classroom teachers’ organization or other collective bargaining agent.

A copy of the notice and of the terms of each proposed policy or regulation, or change in a policy or regulation, must be made available for inspection by the public in the office of the superintendent of schools of the school district at least 15 days before its adoption.

       2.  All persons interested in a proposed policy or regulation or change in a policy or regulation must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing. The board of trustees shall consider all written and oral submissions respecting the proposal or change before taking final action.

       3.  Emergency policies or regulations may be adopted by the board upon its own finding that an emergency exists.

       4.  This section applies to policies and regulations concerning:

       (a) Attendance rules;

       (b) Zoning;

       (c) Grading;

       (d) District staffing patterns;

       (e) Curriculum and program;

       (f) Pupil discipline; and

       (g) Personnel, except with respect to dismissals and refusals to reemploy covered by contracts entered into as a result of the Local Government Employee-Management Relations Act, as provided in [chapter 391 of NRS.] NRS 391.3116.

       Sec. 42.5.  Section 97 of Senate Bill No. 72 of the 60th session of the Nevada legislature is hereby amended to read as follows:

       Sec. 97.  NRS 386.365 is hereby amended to read as follows:

       386.365  1.  Except as provided in subsection 3, each board of trustees in any county having a population of 100,000 or more [as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce] shall give 15 days’ notice of its intention to adopt, repeal or amend a policy or regulation of the board concerning any of the subjects set forth in subsection 4. The notice must:

       (a) Include a description of the subject or subjects involved and must state the time and place of the meeting at which the matter will be considered by the board; and

       (b) Be mailed to the following persons from each of the schools affected:

             (1) The principal;

             (2) The president of the parent-teacher association or similar body; and

             (3) The president of the classroom teachers’ organization or other collective bargaining agent.

A copy of the notice and of the terms of each proposed policy or regulation, or change in a policy or regulation, must be made available for inspection by the public in the office of the superintendent of schools of the school district at least 15 days before its adoption.


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ê1981 Statutes of Nevada, Page 828 (Chapter 428, SB 112)ê

 

regulation, or change in a policy or regulation, must be made available for inspection by the public in the office of the superintendent of schools of the school district at least 15 days before its adoption.

       2.  All persons interested in a proposed policy or regulation or change in a policy or regulation must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing. The board of trustees shall consider all written and oral submissions respecting the proposal or change before taking final action.

       3.  Emergency policies or regulations may be adopted by the board upon its own finding that an emergency exists.

       4.  This section applies to policies and regulations concerning:

       (a) Attendance rules;

       (b) Zoning;

       (c) Grading;

       (d) District staffing patterns;

       (e) Curriculum and program;

       (f) Pupil discipline; and

       (g) Personnel, except with respect to dismissals and refusals to to reemploy covered by contracts entered into as a result of the Local Government Employee-Management Relations Act, as provided in NRS 391.3116.

       Sec. 106.  NRS 390.230 is hereby amended to read as follows:

       390.230  1.  The textbooks adopted by the state board of education [shall] must be used in the public schools in the state and no other books [shall] may be used as basic textbooks.

       2.  This section [shall not] does not prohibit:

       (a) The continued use of such textbooks previously approved until they become unserviceable.

       (b) The use of supplemental textbooks purchased by a school district with the approval of the superintendent of public instruction.

       (c) After approval by the commission, the temporary use of textbooks for tryout purposes.

       3.  Any school officer or teacher who violates the provisions of this chapter, [or knowingly fails to follow] the rules [and regulations] of the commission or the regulations of the state board relating to use of textbooks shall be punished by a fine of not more than $250.

       4.  All superintendents, principals, teachers and school officers are charged with the execution of this section.

       Sec. 133.  NRS 391.3115 is hereby amended to read as follows:

       391.3115  1.  The demotion, suspension, dismissal and nonreemployment provisions of NRS 391.311 to 391.3197, inclusive, do not apply to:

       [1.](a) Substitute teachers; or

       [2.](b) Adult education teachers. [;

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


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ê1981 Statutes of Nevada, Page 829 (Chapter 428, SB 112)ê

 

toward his postprobationary status and must not be dismissed, suspended or demoted except as otherwise provided in NRS 391.311 to 391.3197, inclusive.

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

       2.  A certificated employee who is employed in a position fully funded by a federal or private categorical grant or to replace another certificated employee during that employee’s leave of absence is employed only for the duration of the grant or leave. Such a certificated employee and certificated employees who are employed on temporary contracts for 90 school days or less to replace certificated employees whose employment has terminated after the beginning of the school year are entitled to credit for that time in fulfilling any period of probation and during that time the provisions of NRS 391.311 to 391.3197, inclusive, for demotion, suspension or dismissal apply to them.

       Sec. 226.  Sections 19, 42, 42.5, 85, 106, 118, 122, 132, 133, 152, 167, 196, 208, 212 and 215 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

      Sec. 15.  Sections 2, 8 and 11 of chapter 676, Statutes of Nevada 1979, at pages 1724, 1727 and 1728, respectively, are hereby amended to read respectively as follows:

 

       Sec. 2.  NRS 4.370 is hereby amended to read as follows:

       4.370  1.  Justices’ courts [shall] 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 [$300.] $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 [same,] real property, if the damage claimed does not exceed [$300.] $750.

       (c) In actions for a fine, penalty [,] or forfeiture [,] not exceeding [$300,] $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 [$300,] $750, though the penalty may exceed that sum.


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ê1981 Statutes of Nevada, Page 830 (Chapter 428, SB 112)ê

 

       (e) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed [$300.] $750.

       (f) In actions to recover the possession of personal property if the value of such property does not exceed [$300.] $750.

       (g) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed [$300.] $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 [shall] 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 [$300.] $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 [$300.] $750.

       2.  The jurisdiction conferred by this section [shall] 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 [be] are involved, cases involving such questions [shall] must be disposed of as provided in NRS.

       3.  Justices’ courts [shall] have jurisdiction of the following public offenses, committed within the respective counties in which 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.

       (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.


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ê1981 Statutes of Nevada, Page 831 (Chapter 428, SB 112)ê

 

       Sec. 8.  NRS 361.540 is hereby amended to read as follows:

       361.540  1.  If, in any instance, the county assessor is unable to find, seize and sell sufficient of the property of such person, persons, company or corporation to pay such taxes and costs of sale, and such person, persons, company or corporation neglects or refuses to turn out to the county assessor property sufficient to pay such taxes and costs of sale, the county assessor shall, if the sum exceeds [$300,] $750, go before the district court or the judge thereof, at chambers, and in cases where the sum is [$300 and] $750 or less, then before a justice of the peace of the township wherein such person [may reside,] resides and make an affidavit of:

       (a) The fact of assessment.

       (b) The amount of taxes.

       (c) The inability to find and seize property sufficient to pay such taxes and costs of sale.

       (d) The fact of neglect or refusal to pay the [same,] taxes or turn out property sufficient to pay the [same] taxes and cost of sale.

       2.  On the filing of such affidavit, the court or judge, or justice of the peace, as the case may be, shall issue a citation ordering the person to appear forthwith, or at a subsequent period not to exceed 5 days, before such court, judge or justice of the peace to answer under oath concerning his property.

       3.  If it appears from the affidavit of the county assessor that such person owing such taxes is about to absent himself from the county or is about to convey his property with intent fraudulently to evade the payment of such taxes, the citation may direct the officer serving [the same] it to arrest such person and bring him before the court, judge or justice of the peace issuing the [same.] citation.

       4.  The citation may be served by the county assessor, sheriff or any constable of the county, and [shall] must be served by a delivering a copy thereof to such person personally. For service under the provisions of this section, such fees [shall be] are allowed as for similar services in civil cases, to be collected only from persons owing such taxes.

       5.  It is unlawful for any person served with the citation mentioned in this section to sell or transfer his property or effects, so as to defeat the collection of taxes or costs, or any part thereof. Any person who violates the provisions of this subsection shall be punished by a fine of not more than $250.

       6.  On the examination, if it appears that such person has any money, goods, chattels or effects, the judge or justice of the peace shall order sufficient thereof to be turned out to the county assessor to satisfy such taxes and costs of sale, and also costs of proceeding on the citation. In case of a willful neglect or refusal by such person either to obey the order of citation or the order to pay, or to turn out property as ordered, such person is in contempt of such court, judge or justice of the peace, and may be proceeded against as in other cases of contempt in civil cases in the courts of justice in this state.


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ê1981 Statutes of Nevada, Page 832 (Chapter 428, SB 112)ê

 

       7.  [Should] If the taxes [fail to] cannot be collected by such process, then no future liability [shall attach] attaches to the county assessor therefor.

       8.  In other respects than provided in this section, the proceedings under this section shall be conducted as provided in NRS 21.270 to 21.340, inclusive, regulating proceedings supplementary to execution.

       Sec. 11.  Sections 3 and 8 of this act shall become effective at 12:01 a.m. on July 1, 1979.

 

      Sec. 16.  Section 8 of chapter 680, Statutes of Nevada 1979, at page 1749, is hereby amended to read as follows:

 

       Sec. 8.  Section 7 of Senate Bill No. 583 of the 60th session of the Nevada legislature is hereby repealed.

 

      Sec. 17.  Sections 17 and 149 of chapter 683, Statutes of Nevada 1979, at pages 1765 and 1818, respectively, are hereby amended to read respectively as follows:

 

       Sec. 17.  NRS 408.200 is hereby amended to read as follows:

       408.200  1.  The [engineer] director shall investigate and determine the methods of highway construction best adapted to the various sections of the state, and shall establish standards and specifications for the construction and maintenance of the highways, giving due regard to the topography, natural conditions, character and availability of roadbuilding materials.

       2.  The [engineer is authorized to] director may construct, reconstruct, operate and maintain materials testing and research laboratory facilities as may be necessary to establish and maintain such standards and specifications.

       3.  The [engineer] director may be consulted by county officials, including members of regional transportation commissions, having authority over streets and highways within their respective counties relative to any question involving such streets and highways; and the [engineer] director may, in like manner, obtain from such county officials all such information or assistance as they may render in the performance of his duties with their county, and such county officials shall supply such information when requested by the [engineer.] director.

       Sec. 149.  1.  Sections 17, 25, 28, 81, 82, 86, 94, 106, 113, 114, 128 and 133 of this act shall become effective at 12:01 a.m. on July 1, 1979.

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

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

 

      Sec. 18.  1.  Chapter 684, Statutes of Nevada 1979, at page 1818, 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:

 


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ê1981 Statutes of Nevada, Page 833 (Chapter 428, SB 112)ê

 

       Sec. 4.5.  1.  Sections 1 and 2 of chapter 660, Statutes of Nevada 1979, at pages 1513 and 1514, respectively, are hereby repealed.

       2.  Section 9 of chapter 660, Statutes of Nevada 1979, at page 1519, is hereby amended to read as follows:

       Sec. 9.  1.  NRS 686B.055 and 698.010 to 698.510, inclusive, are hereby repealed.

       2.  Sections 13 and 14 of Assembly Bill No. 679 of the 60th session of the Nevada legislature are hereby repealed.

 

      2.  Section 5 of chapter 684, Statutes of Nevada 1979, at page 1821, is hereby amended to read as follows:

 

       Sec. 5.  1.  Section 4.5 of this act shall become effective on July 1, 1979.

       2.  The remaining sections of this act shall become effective on January 1, 1980.

 

      Sec. 19.  Sections 1, 3, 3.5, 4, 8, 11, 12, 13, 14, 15, 17, 18 and 19 of chapter 687, Statutes of Nevada 1979, at pages 1829, 1830, 1831, 1833, 1834, 1835, 1836, 1837 and 1838, respectively, are hereby amended to read as follows:

 

       Section 1.  NRS 391.311 is hereby amended to read as follows:

       391.311  As used in NRS [391.312] 391.3115 to 391.3197, inclusive, and section 14 of Senate Bill No. 143 of the 60th session of the Nevada legislature, unless the context otherwise requires:

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

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

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

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

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

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

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

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


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ê1981 Statutes of Nevada, Page 834 (Chapter 428, SB 112)ê

 

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

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

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

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

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

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

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

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

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

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

       (a) November 1;

       (b) January 1;

       (c) March 1; and

       (d) May 1,

of the school year.

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

       5.  The evaluation of a probationary teacher or a postprobationary teacher shall, if necessary, include recommendations for improvements in teaching performance. A reasonable effort shall be made to assist the teacher to correct deficiencies noted in the evaluation.


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ê1981 Statutes of Nevada, Page 835 (Chapter 428, SB 112)ê

 

be made to assist the teacher to correct deficiencies noted in the evaluation. The teacher shall receive a copy of each evaluation not later than 15 days after the evaluation. A copy of the evaluation and the teacher’s response shall become a permanent attachment to the teacher’s personnel file.

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

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

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

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

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

       391.3161  1.  There is hereby created a [hearing officer list which shall consist of] list of hearing officers comprising not less than 50 Nevada resident attorneys at law, including retired judges. The state board of education shall make appointments to the list after nominations have been made by the State Bar of Nevada and the Nevada Trial Lawyers Association.

       2.  Each appointment to the list is for a term of 2 years or until resignation or removal for cause by the state board of education. Vacancies shall be filled in the same manner as original appointments.

       3.  Hearing officers may be selected from a list provided by the American Arbitration Association of arbitrators who are available upon request, if the employee and the superintendent have so agreed in writing at least 5 school days before the list is requested. Selection of a hearing officer through the services of the American Arbitration Association must be accomplished in the same manner as described in subsection 2 of NRS 288.200. The employee and the board shall each pay half of the costs of a hearing held before a hearing officer selected from a list provided by the American Arbitration Association.

       4.  A hearing officer shall conduct hearings in cases of demotion, dismissal or a refusal or reemploy based on grounds contained in subsection 1 of NRS 391.312.


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ê1981 Statutes of Nevada, Page 836 (Chapter 428, SB 112)ê

 

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

       391.31915  1.  [Within 10 days from receipt of the request for a hearing officer or chairman of a hearing commission the superintendent of public instruction shall designate:

       (a) Seven persons if the hearing is to be before a hearing officer; or

       (b) Five persons if a hearing commission is required,

from among the remaining members of the hearing officer list.] Within 10 days after he receives a request for a hearing, the superintendent of public instruction shall designate seven attorneys from the list of hearing officers.

       2.  [The] After designation of the attorneys, the certificated employee and superintendent [may:

       (a) If the hearing is to be before a hearing officer,] shall challenge peremptorily one of the seven at a time, alternately, until only one remains, who shall serve as hearing officer for the hearing. The superintendent and certificated employee shall draw lots to determine first choice to exercise a challenge.

       [(b) If a hearing commission is required, challenge peremptorily the five persons designated, in the following manner:

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

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

       3.  The state board shall prescribe procedures for exercising challenges to the hearing officer [and hearing commission chairman] and set time limits in which the challenges may be exercised by the certificated employee and superintendent.

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

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

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

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

       4.  The hearing officer [or person serving as chairman of the hearing commission shall] is entitled to be reimbursed reasonable actual expenses and [is entitled] to receive a salary of not more than $150 per day for actual time served.

       5.  If requested by the hearing officer, [or hearing commission,] an official transcript shall be made.

       6.  The board and the certificated employee are equally responsible for the expense and salary of the hearing officer [or chairman of the hearing commission] and the official transcript.


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ê1981 Statutes of Nevada, Page 837 (Chapter 428, SB 112)ê

 

       7.  [The commission members appointed respectively by the board and the certificated employee do not forfeit any salary or employment benefits for performing their duties as commission members.

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

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

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

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

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

       4.  The certificated employee and the superintendent or his designee may mutually agree to waive any of the time limits applicable to the hearing procedure.

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

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

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

       3.  The board may, prior to making a decision, refer the report back to the hearing officer [or hearing commission] for further evidence and recommendations. The hearing officer [or hearing commission] shall have 15 days to complete the report and file it with the board and mail a copy to the superintendent and certificated employee.

       4.  The certificated employee [or board] may appeal the decision to a district court within the time limits and in the manner provided by law for appeals of administrative decisions of state agencies. If the report of the hearing officer is final and binding, the employee or the board may request judicial review of the report pursuant to NRS 38.145 or 38.155.


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ê1981 Statutes of Nevada, Page 838 (Chapter 428, SB 112)ê

 

the employee or the board may request judicial review of the report pursuant to NRS 38.145 or 38.155.

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

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

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

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

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

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

       391.355  1.  The state board of education, with the assistance of the attorney general shall develop and the board shall adopt rules of procedure for the conduct of hearings involving suspension or revocation of certificates of teachers, administrators and other educational personnel.

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


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ê1981 Statutes of Nevada, Page 839 (Chapter 428, SB 112)ê

 

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

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

       Sec. 18.  1.  NRS 391.3165 is hereby repealed.

       2.  Sections 110 and 138 of chapter 667, Statutes of Nevada 1979, at pages 1601 and 1609, respectively, are hereby repealed.

       Sec. 19.  1.  Subsection 2 of section 18 of this act shall become effective upon passage and approval.

       2.  Sections 3, 3.5, 4, 8, 11, 12, 13, 14, 15 and 17 of this act shall become effective at 12:01 a.m. on July 1, 1979.

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

 

      Sec. 20.  Sections 6 and 6.5 of chapter 696, Statutes of Nevada 1979, at page 1915 are hereby amended to read respectively as follows:

 

       Sec. 6.  Section 2 of chapter 247, Statutes of Nevada 1979, is hereby amended to read as follows:

       Sec. 2.  NRS 445.133 is hereby amended to read as follows:

       445.133  As used in NRS 445.131 to 445.354, inclusive, [and] sections 2 to 5, inclusive, of [this act,] Assembly Bill 541 of the 60th session of the Nevada legislature, and section 1 of this act, unless the context otherwise requires, the terms defined in NRS 445.134 to 445.196, inclusive, and section 2 of [this act] Assembly Bill 541 of the 60th session of the Nevada legislature have the meanings ascribed to them in those sections.

       Sec. 6.5.  Section 2 of Assembly Bill No. 572 of the 60th session of the Nevada legislature is hereby amended to read as follows:

       Sec. 2.  NRS 445.133 is hereby amended to read as follows:

       445.133  As used in NRS 445.131 to 445.354, inclusive, sections 2 to 5, inclusive, of Assembly Bill 541 of the 60th session of the Nevada legislature, [and] section 1 of [this act,] chapter 247, Statutes of Nevada 1979, and sections 8 to 11, inclusive, of this act, unless the context otherwise requires, the terms defined in NRS 445.134 to 445.196, inclusive, [and] section 2 of Assembly Bill 541 of the 60th session of the Nevada legislature and section 8 of this act, have the meanings ascribed to them in those sections.

 

      Sec. 21.  This act shall become effective upon passage and approval.

 

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ê1981 Statutes of Nevada, Page 840ê

 

CHAPTER 429, SB 587

Senate Bill No. 587–Senator Ford

CHAPTER 429

AN ACT relating to pharmacy; clarifying a statutory provision which allows the return of certain used drugs to a pharmacy; and providing other matters properly relating thereto.

 

[Approved June 1, 1981]

 

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

 

      Section 1.  NRS 639.267 is hereby amended to read as follows:

      639.267  1.  As used in this section, “unit dose” means that quantity of a drug which is packaged as a single dose.

      2.  A pharmacist who provides a regimen of drugs in unit doses to a patient in a skilled nursing facility or intermediate care facility as defined in chapter 449 of NRS may credit the person or agency which paid for the drug for any unused doses. The pharmacist may return the drugs to the issuing pharmacy, which may reissue the drugs to fill other prescriptions.

      3.  [Drugs which are packaged in ampules or vials which each contain a single dose, other than Schedule II drugs specified in or pursuant to chapter 453 of NRS and drugs which] Except Schedule II drugs specified in or pursuant to chapter 453 of NRS, unit doses packaged in ampules or vials which do not require refrigeration, may be returned to the pharmacy which dispensed them. The board [may,] shall, by regulation, authorize the return of any other type or brand of drug which is packaged in unit doses if the Food and Drug Administration has approved the packaging for that purpose.

 

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CHAPTER 430, SB 616

Senate Bill No. 616–Senator McCorkle

CHAPTER 430

AN ACT relating to public utilities; changing the manner of calculating interest to be paid on deposits made by their customers; and providing other matters properly relating thereto.

 

[Approved June 1, 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 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 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] at the rate fixed for 6-month Treasury bills of the United States at the first auction on or after January 1 of any year for the period from January 1 to June 30, or on or after July 1 of any year for the period from July 1 to December 31, from the date of deposit until the date of settlement or withdrawal of deposit.


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ê1981 Statutes of Nevada, Page 841 (Chapter 430, SB 616)ê

 

or on or after July 1 of any year for the period from July 1 to December 31, 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 before the settlement date or the withdrawal date of the deposit.] Where the deposit remains for a period of 1 year or more and the person making the deposit continues to be a customer, the interest on the deposit 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.

      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.

      Sec. 2.  Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

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CHAPTER 431, AB 329

Assembly Bill No. 329–Assemblyman Cafferata

CHAPTER 431

AN ACT relating to the health of pupils in schools; amending various provisions concerning physical examination of pupils; and providing other matters properly relating thereto.

 

[Approved June 1, 1981]

 

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

 

      Section 1.  NRS 392.420 is hereby amended to read as follows:

      392.420  1.  [During the first 2 months of the school year, qualified] Qualified health personnel provided in accordance with [the provisions of] subsection [3] 5 shall [:

      (a) Observe and examine every child regularly enrolled in school, separately and carefully, for symptoms of visual, auditory or physical defects.

      (b) Where defects are believed to exist, notify the parents or guardian of the child regarding the probability of the existence of the defects, recommending that proper medical or dental attention be secured for the child.

      2.  All children enrolled in school after the second school month of the school year shall be examined immediately upon their enrollment, and, if necessary, their parents or guardians shall be notified as provided in subsection 1.

      3.]  plan for and carry out a separate and careful observation and examination of every child who is regularly enrolled in a grade specified by the board of trustees or superintendent of schools of the school district to determine whether the child has scoliosis, any visual or auditory problem or any gross physical defect. The grades in which the observations and examinations must be carried out are as follows:

      (a) For visual and auditory problems, in at least two grades of the elementary schools, one grade of the middle or junior high schools and one grade of the high schools; and


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ê1981 Statutes of Nevada, Page 842 (Chapter 431, AB 329)ê

 

      (b) For scoliosis, in at least one grade of schools below the high schools.

      2.  If any child is attending school in a grade above one of the specified grades and has not previously received such an observation and examination, he must be included in the current schedule for observation and examination. Any child who is newly enrolled in the district must be examined for any medical condition for which children in a lower grade are examined.

      3.  A special examination for a possible visual or auditory problem must be provided for any child who:

      (a) Is enrolled in a special program;

      (b) Is repeating a grade;

      (c) Has failed an examination for a visual or auditory problem during the previous school year; or

      (d) Shows in any other way that he may have such a problem.

      4.  The school authorities shall notify the parents or guardian of any child who is found or believed to have a visual or auditory problem, scoliosis, or any gross physical defect and shall recommend that appropriate medical attention be secured to correct it.

      5.  In any school district in which state, county or district public health services are available or conveniently obtainable, [such services shall be utilized] those services may be used to meet the responsibilities assigned under the provisions of [subsections 1 and 2. However, at its discretion, the] this section. The board of trustees of the school district may employ qualified personnel to perform them.

      [4.  The state board of health shall:

      (a) Prescribe rules for making examinations.

      (b) Furnish to the superintendent of public instruction, for distribution to the boards of trustees of school districts, copies of the rules, instructions, test cards, blanks and other useful appliances for carrying out the provisions of subsections 1 and 2.

      5.]6.  Any child [shall be exempt] must be exempted from the examination if his parents or guardian files [,] with the teacher [,] a written statement objecting to the examination.

 

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CHAPTER 432, SB 611

Senate Bill No. 611–Committee on Human Resources and Facilities

CHAPTER 432

AN ACT relating to pupils in public schools; permitting pupils who reside on Indian reservations which are in more than one county to attend the schools closest to their residences; and providing other matters properly relating thereto.

 

[Approved June 1, 1981]

 

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

 

      Section 1.  NRS 392.010 is hereby amended to read as follows:

      392.010  1.  The board of trustees of any school district may, with the approval of the superintendent of public instruction:


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ê1981 Statutes of Nevada, Page 843 (Chapter 432, SB 611)ê

 

      (a) Admit to the school or schools of the school district any pupil or pupils living in an adjoining school district within this state or in an adjoining state when the school district of residence in the adjoining state adjoins the receiving Nevada school district; or

      (b) Pay tuition for pupils residing in the school district but who attend school in an adjoining school district within this state or in an adjoining state when the receiving district in the adjoining state adjoins the school district of Nevada residence.

      2.  The board of trustees of a school district shall, upon application, allow any pupil who resides on an Indian reservation located in two or more counties to attend the school nearest to the pupil’s residence, without regard to the school district in which the pupil’s residence is located. If such a pupil attends a school outside the county in which he resides, for the purposes of apportionment of money he shall be deemed to be enrolled in the district in which he resides. Payments for tuition and transportation must be made to the district in which he attends school in accordance with an agreement entered into pursuant to subsection 3, but if the boards of trustees of the districts involved are unable to agree concerning such payments, the superintendent of public instruction shall determine the terms of payment.

      3.  With the approval of the superintendent of public instruction, [an agreement shall be entered into between] the board of trustees of the school district in which the pupil or pupils reside and the board of trustees of the school district in which the pupil or pupils attend school [,] shall enter into an agreement providing for the payment of such tuition as may be agreed upon, but transportation costs must be paid by the board of trustees of the school district in which the pupil or pupils reside:

      (a) If any are incurred in transporting a pupil or pupils to an adjoining school district within the state; and

      (b) If any are incurred in transporting a pupil or pupils to an adjoining state, as provided by the agreement.

      [3.]4.  In addition to the provisions for the payment of tuition and transportation costs for pupils admitted to an adjoining school district as provided in subsection [2,] 3, the agreement may contain provisions for the payment of reasonable amounts of money to defray the cost of operation, maintenance and depreciation of capital improvements which can be allocated to such pupils.

 

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ê1981 Statutes of Nevada, Page 844ê

 

CHAPTER 433, AB 298

Assembly Bill No. 298–Committee on Taxation

CHAPTER 433

AN ACT relating to the real property transfer tax; providing an alternate form for declaring the value of the property transferred; removing the requirement to show the amount of tax paid on the face of the deed; and providing other matters properly relating thereto.

 

[Approved June 1, 1981]

 

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

 

      Section 1.  NRS 375.030 is hereby amended to read as follows:

      375.030  1.  If any deed evidencing a transfer of title subject to the tax imposed by NRS 375.020 is offered for recordation, the county recorder shall compute the amount of the tax due thereon and, except as provided in subsection [3,] 2, shall collect [such] that amount before acceptance of the deed for recordation.

      2.  [Upon receipt of the tax due, the county recorder shall show on the face of the document the amount of tax paid.

      3.]  An escrow holder may tender a deed for recordation without paying the tax at that time, but must pay the tax due thereon within 3 months after [such] the recording.

      Sec. 2.  NRS 375.050 is hereby amended to read as follows:

      375.050  1.  Each deed evidencing a transfer of title which does not go through escrow [shall] must have appended thereon the information as follows in substantially the following form, using a rubber stamp or otherwise:

 

             Documentary Transfer Tax          $.............................

             * Computed on full value of property conveyed; or

             * Computed on full value less liens and encumbrances remaining thereon at time of transfer.

                                                                                                Under penalty of perjury:

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

                                                                                                Signature of declarant or agent

                                                                                                determining tax—firm name.

 

      2.  In cases where a declaration of value is made on a form prescribed by the Nevada tax commission, the information in subsection 1 need not appear on the face of the deed.

      Sec. 3.  NRS 375.100 is hereby amended to read as follows:

      375.100  1.  The county recorder shall refuse to record any deed or conveyance upon which a tax is imposed by this chapter when [such] the tax has not been paid, except as provided in subsection [3] 2 of NRS 375.030.

      2.  A county recorder is responsible for the failure of an escrow holder subsequently to pay the tax pursuant to subsection [3] 2 of NRS 375.030.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 845ê

 

CHAPTER 434, AB 73

Assembly Bill No. 73–Assemblymen Bremner and Barengo

CHAPTER 434

AN ACT relating to the department of motor vehicles; making the organizational structure of portions of the department discretionary with the director, with the approval of the legislature or the interim finance committee; and providing other matters properly relating thereto.

 

[Approved June 1, 1981]

 

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

 

      Section 1.  NRS 481.067 is hereby amended to read as follows:

      481.067  1.  The department [shall consist of:

      1.  The] may include:

      (a) A registration division.

      [2.  The](b) A motor carrier division.

      [3.  The](c) A drivers’ license division.

      [4.  The](d) A Nevada highway patrol division and communications subdivision.

      [5.  The](e) An administrative services division.

      [6.  The](f) An automation division.

      [7.](g) Such other divisions as the director may [in his discretion] from time to time establish.

      2.  Before he reorganizes the department, the director shall obtain the approval of:

      (a) The legislature, if it is in regular session; or

      (b) The interim finance committee, if the legislature is not in regular session.

      Sec. 2.  NRS 481.071 is hereby amended to read as follows:

      481.071  1.  Any change in the organization of the department may include the divisions, functions and responsibilities described in subsection 2 but must not include those described in subsection 3.

      2.  [The] Unless the organization of the department is changed by the director, the primary functions and responsibilities of the [various] specified divisions of the department [shall be] are as follows:

      [1.](a) The registration division shall execute, administer and enforce the provisions of chapter 482 of NRS and [shall] perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 482 of NRS and the provisions of any other laws.

      [2.](b) The motor carrier division [shall execute,] shall:

             (1) Execute, administer and enforce the laws relative to the licensing of motor vehicle carriers and the use of public highways by such carriers as contained in chapter 706 of NRS [, and shall perform] ;

             (2) Perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 706 of NRS and the provisions of any other laws [and shall execute,] ;

             (3) Execute, administer and enforce the provisions of chapter 366 of NRS, relating to imposition and collection of taxes on special fuels used for motor vehicles [, and shall perform] ; and


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

ê1981 Statutes of Nevada, Page 846 (Chapter 434, AB 73)ê

 

             (4) Perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 366 of NRS and the provisions of any other laws.

      [3.](c) The drivers’ license division shall execute, administer and enforce the provisions of chapter 483 of NRS and [shall] perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 483 of NRS and the provisions of any other laws.

      [4.  The Nevada highway patrol division shall execute, administer and enforce the provisions of chapter 484 of NRS and shall perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 481.180 and the provisions of any other laws.

      5.](d) The administrative services division shall furnish fiscal and accounting services to the director and the various divisions and [shall] advise and assist the director and the various divisions in carrying out their functions and responsibilities.

      3.  The primary functions and responsibilities of the Nevada highway patrol division are to execute, administer and enforce the provisions of chapter 484 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 481.180 and the provisions of any other laws.

      Sec. 3.  NRS 485.033 is hereby amended to read as follows:

      485.033  “Division” means the drivers’ license division of the department of motor vehicles [.] or any other division to which the administration of this chapter is assigned by the director.

 

________

 

 

CHAPTER 435, SB 671

Senate Bill No. 671–Committee on Judiciary

CHAPTER 435

AN ACT relating to banks; permitting banks to deliver or mail statements of small savings accounts annually; and providing other matters properly relating thereto.

 

[Approved June 1, 1981]

 

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

 

      Section 1.  NRS 662.215 is hereby amended to read as follows:

      662.215  1.  Any bank organized under the provisions of this Title may carry on a savings business as prescribed in this Title.

      2.  Any bank conducting a savings business may receive deposits on such terms as are authorized by its board of directors.

      3.  A receipt or a passbook [shall] must be issued to each depositor in a bank for all money deposited on open account. [Such] The receipt or passbook [shall] must contain the rules and regulations adopted by [such] the bank governing [such] the deposit or if the passbook does not contain [such] those rules and regulations, they [shall] must be printed and conspicuously posted in some place accessible and visible to all persons in the business office of the bank, and [such] the rules and regulations [shall] must be accepted by the depositor, and thereupon shall be deemed agreed to by him.


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

ê1981 Statutes of Nevada, Page 847 (Chapter 435, SB 671)ê

 

and regulations [shall] must be accepted by the depositor, and thereupon shall be deemed agreed to by him. Payments from [such account to such depositor shall] the account to the depositor must be made only upon his written order. Banks issuing savings deposit receipts shall, not less often than [quarterly,] :

      (a) Quarterly, for accounts having a balance of $100 or more; or

      (b) Annually, for accounts having a balance of less than $100.

deliver or mail to [such] the depositor a statement, showing the balance on deposit in [such] the account and each deposit made by and each payment made to [such] the depositor during the calendar quarter.

      4.  Nothing in this title prohibits a bank from issuing time certificates of deposit.

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

 

________

 

 

CHAPTER 436, SB 635

Senate Bill No. 635–Committee on Commerce and Labor

CHAPTER 436

AN ACT relating to savings and loan associations; broadening the assimilation of federal powers by those associations; and providing other matters properly relating thereto.

 

[Approved June 1, 1981]

 

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

 

      Section 1.  NRS 673.225 is hereby amended to read as follows:

      673.225  1.  Notwithstanding any other provision of this chapter, every company, association or corporation licensed under the provisions of this chapter whose accounts are insured by the Federal Savings and Loan Insurance Corporation or its successor, or which is a member of a federal home-loan bank or its successor as an insured association, [shall possess] has the same rights, powers, privileges, immunities and exceptions which are possessed by any federally chartered association [.] unless expressly denied by the commissioner.

      2.  [When more permissive lending and investment privileges and provisions regarding payment of interest to savers or savings account holders, establishment of savings accounts, the acceptance of which has been approved by the Nevada Supervisory Authority and the Federal Savings and Loan Insurance Corporation or other powers, privileges, immunities and exceptions are extended to federally chartered associations, the same shall be extended to every federally insured association or corporation licensed under the provisions of this chapter.] Whenever additional rights, powers, privileges or exceptions are granted to any federally chartered association, every company, association or corporation licensed under the provisions of this chapter whose accounts are federally insured has those additional rights, powers, privileges or exceptions unless expressly denied by the commissioner.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 848ê

 

CHAPTER 437, AB 413

Assembly Bill No. 413–Committee on Commerce

CHAPTER 437

AN ACT relating to deposits of public money; allowing those deposits to be secured with certain mortgages and deeds of trusts; exempting deposits covered by certain insurance; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  NRS 356.020 is hereby amended to read as follows:

      356.020  1.  All money deposited by the state treasurer which is not within the limits of insurance provided by an instrumentality of the United States must be secured by: [obligations]

      (a) Obligations of the United States; [, bonds]

      (b) Bonds of this state; [, or bonds]

      (c) Bonds of any county, municipality or school district within this state [.] ;

      (d) Promissory notes secured by first mortgages or first deeds of trust which meet the requirements of section 3 of this act; or

      (e) Instruments in which the state is permitted by NRS 355.140 to invest.

      2.  Collateral deposited by the depository bank or savings and loan association must be pledged with the state treasurer [,] or with [a Federal Reserve bank, or, if the deposit of security will not be accepted by a Federal Reserve bank, then with] any federal home loan bank, any bank or any insured savings and loan association, other than the depository bank or savings and loan association, which will accept the [bonds as a] securities in trust for the purposes of this section.

      [2.]3.  The amount, in par value, of the deposit of securities as collateral by each [such] depository bank or savings and loan association must be at least the amount of the state treasurer’s deposit with the depository bank or [savings and loan] association [. The bonds and securities] except that the amount of any collateral consisting of promissory notes with first mortgages or first deeds of trust must be at least twice the amount of the deposit which is to be secured by that collateral.

      4.  All securities to be used as such collateral must be approved in writing by the state treasurer and are subject to review by the state board of finance.

      [3.]5.  The state treasurer or the state board of finance may, from time to time, require [such a] the deposit of additional [bonds and] securities [, as herein permitted as security,] as collateral if, in their judgment [is] , the additional securities are necessary to maintain each deposit.

      [4.  The bonds,]6.  The securities, or any part thereof, may be withdrawn on the consent of the state treasurer, but no withdrawal is permitted which will reduce the security below the requirements of this section.

      Sec. 2.  NRS 356.125 is hereby amended to read as follows:

      356.125  1.  All money placed in any insured depository banks, or any insured savings and loan associations in time accounts may be deposited with the written consent of the board of county commissioners.


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

ê1981 Statutes of Nevada, Page 849 (Chapter 437, AB 413)ê

 

any insured savings and loan associations in time accounts may be deposited with the written consent of the board of county commissioners.

      2.  The time accounts so established are subject to the applicable contract between the depository and the county. The contract may provide that money deposited by the county treasurer in time accounts be secured by collateral consisting of any of the securities, including first mortgages and first deeds of trust with accompanying notes, which are allowed for securing deposits of the state treasurer under NRS 356.020 and section 3 of this act.

      [2.]3.  The provisions of this section do not require any depository to accept county deposits.

      Sec. 3.  Chapter 356 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  To be accepted as collateral for a deposit of money by the state treasurer, first mortgages or first deeds of trust must be on real property which is located in this state and is used for residences of single families.

      2.  Each such first mortgage or first deed of trust must be accompanied by the promissory note which it secures.

      3.  No first mortgage or first deed of trust may be accepted for such collateral if:

      (a) Any payment on the related promissory note is more than 30 days past due;

      (b) A prior lien is on the mortgage or deed;

      (c) In the case of a mortgage, an action to foreclose has been commenced or, in the case of a deed of trust, a notice of default and election to sell has been recorded;

      (d) In the case of a loan which is not insured or guaranteed by the Federal Government, the initial amount lent was greater than 80 percent of the appraised value of the real property at the time the loan was made;

      (e) The loan has been outstanding for less than 1 year;

      (f) The grantor of the property resides on the property; or

      (g) The loan does not meet the requirements for eligibility of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association or the Government National Mortgage Association (although it is not necessary that any of those agencies have participated in the loan).

      4.  If any collateral consisting of a promissory note with a mortgage or deed of trust is found not to meet the requirements of this section, the depository bank or savings and loan association shall substitute a note of equal or greater value which does meet the requirements.

      5.  The financial institution shall assign the pledged mortgages and deeds of trust to the depositor and deliver them with their promissory notes to the trust company. The assignment must be recorded when the financial institution fails to pay any part of the deposit for which the security is pledged.

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

 

________

 

 


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

ê1981 Statutes of Nevada, Page 850ê

 

CHAPTER 438, AB 137

Assembly Bill No. 137–Committee on Labor and Management

CHAPTER 438

AN ACT relating to occupational diseases; expanding certain provisions of law regarding firemen and police officers; clarifying the procedure for determining the percentage of disability; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  Chapter 617 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.

      Sec. 2.  “Police officer” includes a sheriff, deputy sheriff, city policeman, officer of the Nevada highway patrol, field agent or inspector of the motor carrier division, vehicle emission control officer or field dealer inspector of the registration division, member of the police department of the University of Nevada System or a uniformed employee of the Nevada state prison whose position requires regular and frequent contact with the offenders imprisoned and subjects the employee to recall in emergencies.

      Sec. 3.  A person described in this chapter may be determined to be totally disabled and eligible to receive compensation for disability as a result of a combination of injuries, illnesses and disabilities arising out of and in the course of his employment.

      Sec. 4.  1.  The percentage of disability resulting from an occupational disease of the heart or lungs must be determined jointly by the claimant’s attending physician and the examining physician designated by the commission, in accordance with the most recent publication of the American Medical Association entitled “Guides to the Evaluation of Permanent Impairment.”

      2.  If the claimant’s attending physician and the designated examining physician do not agree upon the percentage of disability, they shall designate a physician specializing in the branch of medicine which pertains to the disease in question to make the determination. If they do not agree upon the designation of such a physician, each shall choose one physician so specializing, and two physicians so chosen shall choose a third specialist in that branch. The resulting panel of three physicians shall, by majority vote, determine the percentage of disability in accordance with “Guides to the Evaluation of Permanent Impairment.”

      Sec. 5.  NRS 617.390 is hereby amended to read as follows:

      617.390  1.  Compensation [must not] may be awarded [on account of] for both injury and disease.

      2.  If an employee claims to be suffering from both an occupational disease and an injury, the commission or self-insured employer shall determine [which is causing the disability and] whether the disease or the injury or both, are related to the disability and shall order payment of compensation [in accordance with the provisions of chapter 616 of NRS.] from the proper funds.

      3.  Compensation awarded for both injury and disease must not exceed the amount payable for the total percentage of disability.


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

ê1981 Statutes of Nevada, Page 851 (Chapter 438, AB 137)ê

 

      Sec. 6.  NRS 617.455 is hereby amended to read as follows:

      617.455  1.  Notwithstanding any other provision of this chapter, diseases of the lungs, resulting in either temporary or permanent [total] disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by exposure to heat, smoke, fumes, tear gas or any other noxious gases, arising out of and in the course of the employment of a person who, for 2 years or more, has been:

      (a) Employed in a full-time salaried occupation of firefighting for the benefit or safety of the public;

      (b) Acting as a volunteer fireman entitled to the benefits of chapter 616 of NRS pursuant to the provisions of NRS 616.070; or

      (c) Employed in a full-time salaried occupation as a [sheriff, deputy sheriff, city policeman, officer of the Nevada highway patrol, field agent or inspector of the motor carrier division, vehicle emission control officer or field dealer inspector of the registration division, member of the University of Nevada System police department or a uniformed employee of the Nevada state prison whose position requires regular and frequent contact with the offenders imprisoned and subjects the employee to recall in emergency situations.] police officer.

      2.  Except as provided in subsection 3, each employee who is to be covered for diseases of the lungs pursuant to the provisions of this section shall submit to a physical examination, including a thorough test of the functioning of his lungs and the making of an X-ray film of his lungs, upon employment, upon commencement of the coverage and thereafter on an annual basis during his employment.

      3.  A thorough test of the functioning of the lungs is not required for a volunteer fireman.

      4.  All physical examinations required pursuant to subsection 2 must be paid for by the employer.

      5.  A disease of the lungs is presumed to have arisen out of and in the course of the employment of any fireman or [law enforcement] police officer described in this section if [, during the 12 months before the date of the filing of a claim for compensation, that fireman or law enforcement officer underwent a medical examination which was evidenced by an X-ray picture of the lungs and] the last physical examination required by subsection 2, as evidenced by a written report of the medical examiner, [and the medical examination] failed to reveal any evidence of [such] the disease.

      6.  A person who is determined to be:

      (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and

      (b) Incapable of performing, with or without remuneration, work as a fireman or police officer,

may elect to receive the benefits provided under NRS 616.580 for a permanent total disability.

      Sec. 7.  NRS 617.457 is hereby amended to read as follows:

      617.457  1.  Notwithstanding any other provision of this chapter, diseases of the heart, resulting in either temporary or permanent [total] disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and in the course of the employment of a person who, for 5 years or more, has been employed in a full-time continuous, uninterrupted and salaried occupation as a [firefighter, sheriff, deputy sheriff, city policeman, officer of the Nevada highway patrol, field agent or inspector of the motor carrier division, vehicle emission control officer or field dealer inspector of the registration division, member of the University of Nevada System police department or a uniformed employee of the Nevada state prison whose position requires regular and frequent contact with the offenders imprisoned and subject the employee to recall in emergency situations.]


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

ê1981 Statutes of Nevada, Page 852 (Chapter 438, AB 137)ê

 

under the provisions of this chapter if caused by extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and in the course of the employment of a person who, for 5 years or more, has been employed in a full-time continuous, uninterrupted and salaried occupation as a [firefighter, sheriff, deputy sheriff, city policeman, officer of the Nevada highway patrol, field agent or inspector of the motor carrier division, vehicle emission control officer or field dealer inspector of the registration division, member of the University of Nevada System police department or a uniformed employee of the Nevada state prison whose position requires regular and frequent contact with the offenders imprisoned and subject the employee to recall in emergency situations.] fireman or police officer.

      2.  Notwithstanding any other provision of this chapter, diseases of the heart, resulting in either temporary or permanent [total] disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and was caused by the performance of duties as a volunteer fireman by a person entitled to the benefits of chapter 616 of NRS pursuant to the provisions of NRS 616.070 and who, for 5 years or more, has served continuously as a volunteer fireman and who has not reached the age of 55 years before the onset of [such] the disease.

      3.  Each employee who is to be covered for diseases of the heart pursuant to the provisions of this section shall submit to [an initial] a physical examination, including an examination of the heart, upon employment, upon commencement of coverage [or commencement of employment, whichever is later. Thereafter, the employee shall submit to such examinations] and thereafter on [a regular,] an annual basis during his employment.

      4.  All physical examinations required pursuant to subsection 3 must be paid for by the employer.

      5.  Failure to correct predisposing physical conditions which lead to heart disease when so ordered in writing by the examining physician subsequent to the annual examination excludes the employee from the benefits of this section if the correction is within the ability of the employee.

      6.  A person who is determined to be:

      (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and

      (b) Incapable of performing, with or without remuneration, work as a fireman or police officer,

may elect to receive the benefits provided under NRS 616.580 for a permanent total disability.

      7.  Claims filed under this section may be reopened at any time during the life of the claimant for further examination and treatment of the claimant upon certification by a physician of a change of circumstances related to the occupational disease which would warrant an increase or rearrangement of compensation.

      Sec. 8.  1.  A person whose claim for an occupational disease of the heart or lungs was accepted under the provisions of NRS 617.455 or 617.457 after January 1, 1978, and where the date of disablement occurred before July 1, 1981, may elect to receive benefits under NRS 616.580 for a permanent total disability pursuant to subsection 6 of NRS 617.455 or subsection 6 of NRS 617.457 if he makes a written request to the Nevada industrial commission for the new rating before January 1, 1982.


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

ê1981 Statutes of Nevada, Page 853 (Chapter 438, AB 137)ê

 

heart or lungs was accepted under the provisions of NRS 617.455 or 617.457 after January 1, 1978, and where the date of disablement occurred before July 1, 1981, may elect to receive benefits under NRS 616.580 for a permanent total disability pursuant to subsection 6 of NRS 617.455 or subsection 6 of NRS 617.457 if he makes a written request to the Nevada industrial commission for the new rating before January 1, 1982.

      2.  No change of rating made pursuant to subsection 1 may be retroactive.

      Sec. 9.  Sections 6 and 7 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

________

 

 

CHAPTER 439, AB 20

Assembly Bill No. 20–Assemblymen Hayes, Barengo, Robinson and Prengaman

CHAPTER 439

AN ACT relating to taxation; providing for the submission to the registered voters at the general election in 1982 of the question whether the Sales and Use Tax Act of 1955 should be amended to provide a reduction of those taxes on new mobile homes and an exemption for used mobile homes; contingently creating similar exemptions from certain analogous taxes; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  At the general election on November 2, 1982, a proposal shall be submitted to the registered voters of this state to amend the Sales and Use Tax Act, which was enacted by the 47th session of the legislature of the State of Nevada and approved by the governor in 1955, and subsequently approved by the people of this state at the general election held on November 6, 1956.

      Sec. 2.  At the time and in the manner provided by law, the secretary of state shall transmit the proposed act to the several county clerks, and the county clerks shall cause it to be published and posted as provided by law.

      Sec. 3.  The proclamation and notice to the voters given by the county clerks pursuant to law must be in substantially the following form:

       Notice is hereby given that at the general election on November 2, 1982, a question will appear on the ballot for the adoption or rejection by the registered voters of the state of the following proposed act:

 

AN ACT to amend an act entitled “An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto,” approved March 29, 1955, as amended.


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

ê1981 Statutes of Nevada, Page 854 (Chapter 439, AB 20)ê

 

The People of the State of Nevada do enact as follows:

 

       Section 1.  The above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 762, is hereby amended by adding thereto a new section to be designated as section 62, which shall immediately follow section 61 and shall read as follows:

       Sec. 62.  1.  The tax imposed by this chapter must:

       (a) When imposed on the privilege of selling a new mobile home, be imposed on the sale of the materials used in constructing the mobile home. For the purposes of this paragraph, the cost of the materials used in constructing a mobile home is 60 percent of the cost of the mobile home.

       (b) Not be collected on the sale of any mobile home if the sale of the mobile home or the materials used in constructing it have been previously taxed pursuant to this chapter.

       2.  As used in this section, “mobile home” means a vehicular structure which is:

       (a) Built on a permanent chassis;

       (b) Designed to be used with or without a permanent foundation as a dwelling when connected to utilities;

       (c) Transportable in one or more sections; and

       (d) More than 8 feet in body width and more than 32 feet in body length. Neither the width nor the length includes bay windows, porches, drawbars, couplings, hitches, wall or roof extensions or other attachments.

The term does not include a vehicular structure primarily designed as temporary living quarters for travel, recreational or camping use, which may be self-propelled or mounted upon, or drawn by, a motor vehicle.

       Sec. 2.  This act shall become effective on January 1, 1983.

 

      Sec. 4.  The ballot page assemblies and the paper ballots to be used in voting on the question must present the question in substantially the following form:

 

       Shall the Sales and Use Tax Act be amended to provide for collection of the tax on the materials used in constructing a new mobile home and to exempt certain used mobile homes from the tax?

 

      Sec. 5.  The explanation of the question which must appear on each paper ballot and sample ballot and in every publication and posting of notice of the question must be in substantially the following form:

 

(Explanation of Question)

       The proposed amendment to the Sales and Use Tax Act would provide for collecting the tax on the materials used to construct a new mobile home and set the cost of materials at 60 percent of the price of the new mobile home. It would also exempt used mobile homes from the sales and use tax if a prior sale was taxed in this state. If this proposal is adopted, the legislature has provided that the Local School Support Tax Law and the City-County Relief Tax Law will be amended to provide the same reduction and exemption.


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

ê1981 Statutes of Nevada, Page 855 (Chapter 439, AB 20)ê

 

A “Yes” vote is to provide for collecting the sales and use tax on 60 percent of the price of new mobile homes and to exempt certain used mobile homes. A “No” vote is a vote to maintain the tax on the full value of each mobile home each time it is sold.

 

      Sec. 6.  If a majority of the votes cast on the question is yes, the amendment to the Sales and Use Tax Act of 1955 shall become effective on January 1, 1983. If a majority of votes cast on the question is no, the question shall have failed and the amendment to the Sales and Use Tax Act of 1955 shall not become effective.

      Sec. 7.  All general election laws not inconsistent with this act are applicable.

      Sec. 8.  Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act and by the general election laws under which this election is held must be so construed as not to invalidate the adoption of the act by a majority of the registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether the proposed amendment was adopted or rejected by a majority of those registered voters.

      Sec. 9.  Chapter 374 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The tax imposed by this chapter must:

      (a) When imposed on the privilege of selling a new mobile home, be imposed on the sale of the materials used in constructing the mobile home. For the purposes of this paragraph, the cost of the materials used in constructing a mobile home is 60 percent of the cost of the mobile home.

      (b) Not be collected on the sale of any mobile home if the sale of the mobile home or the materials used in constructing it have been previously taxed pursuant to this chapter.

      2.  As used in this section, “mobile home” means a vehicular structure which is:

      (a) Built on a permanent chassis;

      (b) Designed to be used with or without a permanent foundation as a dwelling when connected to utilities;

      (c) Transportable in one or more sections; and

      (d) More than 8 feet in body width and more than 32 feet in body length. Neither the width nor the length includes bay windows, porches, drawbars, couplings, hitches, wall or roof extensions or other attachments.

The term does not include a vehicular structure primarily designed as temporary living quarters for travel, recreational or camping use, which may be self-propelled or mounted upon, or drawn by, a motor vehicle.

      Sec. 10.  Sections 1 to 8, inclusive, and this section of this act shall become effective on July 1, 1981. Section 9 of this act shall become effective on January 1, 1983, only if the question provided for in section 3 of this act is approved by the voters at the general election on November 2, 1982.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 856ê

 

CHAPTER 440, AB 107

Assembly Bill No. 107–Assemblyman Price

CHAPTER 440

AN ACT relating to health and care facilities; revising provisions relating to state assistance in construction projects; repealing obsolete provisions; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  NRS 449.370 is hereby amended to read as follows:

      449.370  1.  The state department shall afford to every applicant for assistance for a construction project an opportunity for a fair hearing before the state department [acting by and through the health division] or its office of health planning and resources upon 10 days’ written notice to the applicant.

      2.  If the state department, after affording reasonable opportunity for development and presentation of applications in the order of relative need, finds that a project application is in conformity with the state plan, the state department shall approve [such] the application and shall recommend and forward it to the federal agency.

      3.  The state department shall consider and forward applications in the order of relative need set forth in the state plan. [in accordance with NRS 449.350.]

      Sec. 2.  NRS 449.420 is hereby amended to read as follows:

      449.420  [Moneys] Money in the state public health facilities construction assistance fund [shall] must be allocated and paid to construction projects on the basis of relative need in accordance with [NRS 449.350] the need identified in the state health plan and in accordance with the following ratio: A maximum of $1 of state assistance funds for every $2 of federal funds actually made available for [such] the approved project; but in no event [shall] may the amount of state assistance funds made available or paid out for [such] the project exceed the amount supplied by the project sponsor.

      Sec. 3.  NRS 449.330 and 449.350 are hereby repealed.

 

________

 

 

CHAPTER 441, AB 119

Assembly Bill No. 119–Assemblymen Bennett and Chaney

CHAPTER 441

AN ACT relating to retarded persons; requiring the mental hygiene and mental retardation division of the department of human resources to provide assistance to needy families caring for their retarded relatives at home; making an appropriation; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  Chapter 435 of NRS is hereby amended by adding thereto a new section which shall read as follows:


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

ê1981 Statutes of Nevada, Page 857 (Chapter 441, AB 119)ê

 

      1.  Whenever a profoundly mentally retarded person is cared for by a parent or other relative with whom he lives, that parent or relative is entitled to receive assistance on a monthly basis from the mental hygiene and mental retardation division for each person who lives and is cared for in the home if the division finds that:

      (a) The profoundly mentally retarded person is receiving adequate care; and

      (b) Neither he nor the parent or other relative with whom he lives is reasonably able to pay for his care and support.

The amount of such assistance is established by law for each fiscal year.

      2.  The division shall adopt regulations:

      (a) Which establish a procedure of application for assistance;

      (b) For determining the eligibility of an applicant pursuant to subsection 1; and

      (c) For determining whether to provide assistance to an eligible applicant beyond the minimum amount specified by law for the applicable fiscal year.

      3.  The decision of the division regarding eligibility for assistance or the amount of assistance to be provided is a final administrative decision.

      Sec. 2.  1.  For the purposes of section 1 of this act, the amount of assistance for each profoundly mentally retarded person cared for by a parent or other relative is:

      (a) For the fiscal year beginning July 1, 1981, and ending June 30, 1982, not more than $260 per month.

      (b) For the fiscal year beginning July 1, 1982, and ending June 30, 1983, not more than $286 per month.

      2.  If the money available for assistance for a fiscal year is not sufficient to make full payment of the maximum amount established in subsection 1 for that year for each profoundly mentally retarded person cared for, the division shall prorate the payments so that the same prorated amount is allocated for each such person.

      Sec. 3.  1.  There is hereby appropriated to the mental hygiene and mental retardation division of the department of human resources from the state general fund for assistance for profoundly mentally retarded persons cared for pursuant to section 1 of this act:

      (a) For the fiscal year beginning July 1, 1981, and ending June 30, 1982                      $100,000

      (b) For the fiscal year beginning July 1, 1982, and ending June 30, 1983                      $110,000

      2.  Any balance remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 and reverts to the state general fund as soon as all payments of money committed have been made.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 858ê

 

CHAPTER 442, AB 299

Assembly Bill No. 299–Committee on Health and Welfare

CHAPTER 442

AN ACT relating to public health; authorizing governing bodies and health officers to designate employees to issue citations for certain violations; expanding the definition of “solid waste management system”; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  NRS 444.500 is hereby amended to read as follows:

      444.500  “Solid waste management system” means the entire process of storage, collection, transportation, processing and disposal of solid waste. [by any person engaging in such process as a business or by any municipality or by any combination thereof.]

      Sec. 2.  NRS 444.620 is hereby amended to read as follows:

      444.620  1.  No plan for a solid waste management system adopted pursuant to NRS 444.440 to 444.610, inclusive, [shall apply] applies to any agricultural activity [.] or agricultural waste.

      2.  No provision of NRS 444.440 to 444.610, inclusive, [shall be construed to prevent] prevents a mining operation from dumping waste from its operation on its own lands.

      Sec. 3.  NRS 444.630 is hereby amended to read as follows:

      444.630  1.  As used in this section, “garbage” includes [any or all of the following: garbage,] swill, refuse, cans, bottles, paper, vegetable matter, carcass of any dead animal, offal from any slaughter pen or butcher shop, trash or rubbish.

      2.  Every person who places, deposits or dumps, or who causes to be placed, deposited or dumped, or who causes or allows to overflow, any sewage, sludge, cesspool or septic tank effluent, or accumulation of human excreta, or any garbage, in or upon any street, alley, public highway or road in common use or upon any public park or other public property other than property designated or set aside for such a purpose by the governing [board or] body having charge thereof, or upon any private property into or upon which the public is admitted by easement, license or otherwise, is guilty of a misdemeanor.

      3.  [Every] All health officers, state fish and game [warden,] wardens, police officers of [incorporated] cities and towns, sheriffs and their deputies, and other peace officers of the State of Nevada, shall, within their respective jurisdictions, [shall] enforce the provisions of this section.

      4.  A district health officer or his deputy may issue a citation for any violation of this section which occurs within his jurisdiction.

      Sec. 4.  NRS 171.17751 is hereby amended to read as follows:

      171.17751  1.  Any board of county commissioners or governing body of a city may designate the chief officer of the organized fire department or any employees designated by him, and certain of its inspectors of solid waste management, building, housing and licensing inspectors, animal control officers and traffic engineers to prepare, sign and serve written citations on persons accused of violating a county or city ordinance. [A designated employee:


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

ê1981 Statutes of Nevada, Page 859 (Chapter 442, AB 299)ê

 

      1.]2.  The state health officer and the health officer of each county, district and city may designate certain of his employees to prepare, sign and serve written citations on persons accused of violating any law, ordinance or regulation of a board of health which relates to public health.

      3.  An employee designated pursuant to this section:

      (a) May exercise the authority to prepare, sign and serve citations only within the field of enforcement in which he works;

      [2.](b) May prepare, sign and serve a citation only to enforce an ordinance of the city or county by which he is employed; and

      [3.](c) Shall comply with the provisions of NRS 171.1773.

      Sec. 5.  Section 4 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

________

 

 

CHAPTER 443, AB 116

Assembly Bill No. 116–Assemblymen Stewart, Hayes and Sader

CHAPTER 443

AN ACT relating to the property tax; dividing mobile homes into two classes for the purpose of valuation; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  NRS 361.325 is hereby amended to read as follows:

      361.325  1.  On or before the 1st Monday in June of each year, the Nevada tax commission shall:

      (a) Fix and establish the valuation for assessment purposes of all livestock and mobile homes in the state.

      (b) [Classify all mobile homes in the state on the basis of those factors which most closely determine their service lives and fix and establish their valuation for assessment purposes. The definition of “mobile home” in NRS 361.561 applies to this paragraph.

      (c)] Classify land and fix and establish the valuation thereof for assessment purposes. The classification of agricultural land [shall] must be made on the basis of crop, timber or forage production, either in tons of crops per acre, board feet or other unit, or animal unit months of forage. An animal unit month is the amount of forage which is necessary for the complete sustenance of one animal unit for [a period of] 1 month. One animal unit is defined as one cow and calf, or its equivalent, and the amount of forage necessary to sustain one animal unit for 1 month is defined as 900 pounds of dry weight forage. [per month.]

      2.  The valuation of livestock, mobile homes and land so fixed and established is for the next succeeding year and is subject to equalization by the state board of equalization.

      3.  In establishing the value of new mobile homes sold on or after July 1, 1982, the Nevada tax commission shall classify them according to those factors which most closely determine their useful lives. In establishing the value of other mobile homes, the commission shall begin with the retail selling price and depreciate it by 5 percent per year, but not below 20 percent of its original amount.


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

ê1981 Statutes of Nevada, Page 860 (Chapter 443, AB 116)ê

 

      [3.]4.  The Nevada tax commission shall cause to be placed on the assessment roll of any county property found to be escaping taxation coming to its knowledge after the adjournment of the state board of equalization. [Such property shall] This property must be placed upon the assessment roll prior to the delivery thereof to the ex officio tax receiver. If such property cannot be placed upon the assessment roll of the proper county within the proper time, it [shall thereafter] must be placed upon the tax roll for the next ensuing year, in addition to the assessment for the current year, if any, and taxes thereon [shall] must be collected for the prior year in the same amount as though collected upon the prior year’s assessment roll.

      [4.]5.  The Nevada tax commission shall not raise or lower any valuations established by the state board of equalization unless, by the addition to any assessment roll of property found to be escaping taxation, it is necessary to do so.

      [5.]6.  Nothing in this section provides an appeal from the acts of the state board of equalization to the Nevada tax commission.

 

________

 

 

CHAPTER 444, AB 481

Assembly Bill No. 481–Committee on Judiciary

CHAPTER 444

AN ACT relating to juvenile correctional institutions; authorizing the superintendent to contract with employees for further services; authorizing the superintendent to apply for and receive federal money; changing the responsibility for certain expenses to the youth parole bureau; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  NRS 210.080 is hereby amended to read as follows:

      210.080  1.  The superintendent shall appoint such teaching, technical, clerical and operational staff as the execution of his duties, the care of the inmates, and the maintenance and operation of the school may require, the appointments to be made in accordance with the provisions of chapter 284 of NRS.

      2.  The superintendent may enter into contracts with qualified employees for their services as athletic coaches in addition to their regular duties and responsibilities.

      Sec. 2.  NRS 210.090 is hereby amended to read as follows:

      210.090  1.  The superintendent shall cause a department of instruction to be organized for the inmates of the school, with programs of study corresponding so far as practicable with programs of study given in the elementary and high schools of the state.

      2.  The superintendent may arrange for industrial training and the teaching of various trades, and he may purchase [such] the supplies and equipment [as may be] necessary for the teaching of such programs of study.


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

ê1981 Statutes of Nevada, Page 861 (Chapter 444, AB 481)ê

 

equipment [as may be] necessary for the teaching of such programs of study.

      3.  If deemed practicable, and with the concurrence of the board of trustees of the Elko County school district, inmates of the school may be enrolled for instruction in the county school district system, and the superintendent of the Nevada youth training center or the county school district shall provide transportation for [such] the inmates to the public schools.

      4.  The superintendent may also arrange for the employment of inmates upon ranches, farms and in other private occupations during the summer vacation months and for other periods which he deems proper for the full utilization of the inmates’ time and productive capacities; but the inmates [shall] may not be compelled to accept [such] private employment against their desires. For the purposes of this section, the amounts [to be] paid to the inmates and the working conditions under which they [shall be] are employed [shall] must be determined by the superintendent and the employer, and any amounts paid [shall,] must, at the discretion of the superintendent, be paid in whole or in part to the inmate or to the superintendent for safekeeping as provided for in NRS 210.160.

      5.  The ultimate purpose of all such instruction, training, employment and industries [shall be] is to qualify inmates for profitable and honorable employment, and to enable them to lead useful lives after their release from the institution.

      6.  The superintendent may apply for and receive money from the Federal Government to treat and train inmates.

      Sec. 3.  NRS 210.180 is hereby amended to read as follows:

      210.180  1.  It [shall be] is lawful for the courts to commit to the school those minor persons between the ages of 8 and 18 years whom they have found to be delinquents as provided by law. Before any such person is conveyed to the school it [shall] must be ascertained from the superintendent whether adequate facilities are available to provide the necessary care to [such] the person. The superintendent shall fix the time at which [such] the person [shall] may be delivered to the school. The superintendent shall accept [such] the person unless there are not adequate facilities available to provide the necessary care, or there [are not adequate funds] is not adequate money available for the support of the school, or, in the opinion of the superintendent, [such] the person is not suitable for admission to the school.

      2.  The court may order, when committing a minor to the care, custody and control of the school, the expense of his support and maintenance be paid in whole or in part by his parents, guardian or other person liable for his support and maintenance. [The moneys so ordered paid shall be paid] The person ordered to pay for the support and maintenance of the minor shall pay the money to the superintendent, who shall immediately deposit the [sum in the state treasury to be credited to the] money with the state treasurer for credit to the state general fund.

      3.  The court shall order, before commitment, that [such] each minor person be given a physical examination, which [examination shall] must include a blood test, [X-ray examination] test for tuberculosis, urinalysis and an examination for venereal disease, by some licensed physician.


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

ê1981 Statutes of Nevada, Page 862 (Chapter 444, AB 481)ê

 

include a blood test, [X-ray examination] test for tuberculosis, urinalysis and an examination for venereal disease, by some licensed physician. The physician shall, within 5 days after such examination, make a written report of the results thereof to the clerk of the juvenile court, if there is one, and otherwise to the county clerk of the county wherein [such] the commitment was ordered. Upon receipt of the written report, the county auditor shall allow a claim for payment to the physician for the examination. The clerk of the juvenile court or the county clerk [, as the case may be,] shall immediately forward a copy of the written report to the superintendent.

      Sec. 4.  NRS 210.250 is hereby amended to read as follows:

      210.250  1.  The chief of the youth parole bureau may petition the committing court requesting that the parole of a person paroled from the school be suspended, modified or revoked.

      2.  Pending a hearing, the committing court may order:

      (a) The return of the parolee to the school; or

      (b) If approved by the local juvenile facility, that the parolee be held in the local juvenile facility.

      3.  The [school] youth parole bureau shall pay all actual and reasonably necessary costs for the confinement of a parolee in the local juvenile facility.

      4.  If requested, the committing court shall allow the parolee reasonable time to prepare for the hearing.

      5.  The required hearing may be conducted by a judge or master of the committing court, who shall render a decision within 10 days after the conclusion of the hearing.

      Sec. 5.  NRS 210.580 is hereby amended to read as follows:

      210.580  1.  It [shall be] is lawful for the courts to commit to the school female minor persons between the ages of 8 and 18 years whom they have found to be delinquents as provided by law. Before any such person is conveyed to the school it [shall] must be ascertained from the superintendent whether adequate facilities are available to provide the necessary care to [such] the person. The superintendent shall fix the time at which [such person shall] the person may be delivered [,] to the school. The superintendent shall accept the person unless there are not adequate facilities available to provide the necessary care, or there [are not adequate funds] is not adequate money available for the support of the school, or, in the opinion of the superintendent, [such] the person is not suitable for admission to the school. Upon the written request of the superintendent, at any time either before or after commitment to the school, the court may order commitment to a school approved by the board outside of the State of Nevada, or to a private institution within the State of Nevada.

      2.  The court may order, when committing a female minor to the care, custody and control of the school, that the expense of her support and maintenance be paid in whole or in part by her parents, guardian or other person liable for her support and maintenance. [The moneys so ordered paid shall be paid] The person ordered to pay for the support and maintenance of the minor shall pay the money to the superintendent, who shall immediately deposit the [sum in the state treasury to be credited to the] money with the state treasurer for credit to the state general fund.


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

ê1981 Statutes of Nevada, Page 863 (Chapter 444, AB 481)ê

 

who shall immediately deposit the [sum in the state treasury to be credited to the] money with the state treasurer for credit to the state general fund.

      3.  The court shall order, before commitment, that [such] each female minor person be given a physical examination, which [examination shall] must include a blood test, [X-ray examination] test for tuberculosis, urinalysis, and an examination for venereal disease by some licensed physician. The physician shall, within 5 days after [such] the examination, make a written report of the results thereof to the clerk of the juvenile court, if there is one, and otherwise to the county clerk of the county wherein [such] the commitment was ordered. Upon receipt of the written report, the county auditor shall allow a claim for payment to the physician for the examination. The clerk of the juvenile court or the county clerk, as the case may be, shall immediately forward a copy of the written report to the superintendent.

      Sec. 6.  NRS 210.680 is hereby amended to read as follows:

      210.680  1.  The chief of the youth parole bureau may petition the committing court requesting that the parole of a person paroled from the school be suspended, modified or revoked.

      2.  Pending a hearing, the committing court may order:

      (a) The return of the parolee to the school; or

      (b) If approved by the local juvenile facility, that the parolee be held in the local juvenile facility.

      3.  The [school] youth parole bureau shall pay all actual and reasonably necessary costs for the confinement of a parolee in the local juvenile facility.

      4.  If requested, the committing court shall allow the parolee reasonable time to prepare for the hearing.

      5.  The required hearing may be conducted by a judge or master of the committing court, who shall render a decision within 10 days after the conclusion of the hearing.

 

________

 

 

CHAPTER 445, AB 42

Assembly Bill No. 42–Committee on Judiciary

CHAPTER 445

AN ACT relating to motor vehicles; changes certain provisions of law regarding vehicular traffic; authorizing the director of the department of motor vehicles to adopt a definition of “snow tire”; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The driver of a vehicle about to enter a controlled-access highway shall yield the right of way to all vehicles on the highway. Only after determining that the entry can be made safely, may the driver enter the highway.


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

ê1981 Statutes of Nevada, Page 864 (Chapter 445, AB 42)ê

 

determining that the entry can be made safely, may the driver enter the highway.

      Sec. 2.  NRS 484.283 is hereby amended to read as follows:

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

      2.  When the signal is circular green alone:

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

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

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

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

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

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

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

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

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

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

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

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


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

ê1981 Statutes of Nevada, Page 865 (Chapter 445, AB 42)ê

 

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

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

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

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

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

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

      (d) Vehicular traffic facing the signal may not proceed on or through any private or public property to enter the intersecting street where traffic is not facing a red signal to avoid the red signal.

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

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

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

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

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

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

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


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

ê1981 Statutes of Nevada, Page 866 (Chapter 445, AB 42)ê

 

      Sec. 3.  NRS 484.315 is hereby amended to read as follows:

      484.315  1.  The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection from a different highway.

      2.  When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.

      3.  When two vehicles enter an intersection at approximately the same time, one vehicle traveling on a highway which ends at the intersection and the other vehicle traveling on a through highway, the driver of the vehicle on the highway which ends at the intersection shall yield the right of way to the other vehicle.

      4.  This section [shall] does not apply at intersections controlled by official traffic-control devices or to vehicles approaching each other from opposite directions, when the driver of one of [such] the vehicles is intending to or is making a left turn.

      Sec. 4.  NRS 484.377 is hereby amended to read as follows:

      484.377  1.  It is unlawful for any person to drive any vehicle in [willful] :

      (a) Willful or wanton disregard of the safety of persons or property.

[A violation of this section constitutes reckless driving.]

      (b) An unauthorized speed contest on a public highway.

A violation of this subsection constitutes reckless driving.

      2.  Any person who does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle in willful or wanton disregard of the safety of persons or property, which act or neglect of duty proximately causes the death of or substantial bodily harm to any person other than himself, shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 5.  NRS 484.631 is hereby amended to read as follows:

      484.631  Tow cars [shall] must be equipped with:

      1.  One or more brooms, and the driver of the tow car engaged to remove a disabled vehicle from the scene of an accident shall remove all glass and debris deposited upon the roadway by the disabled vehicle which is to be towed.

      2.  A shovel, and whenever practical the tow car driver engaged to remove any disabled vehicle shall spread dirt upon any portion of the roadway where oil or grease has been deposited by [such] the disabled vehicle.

      3.  At least one fire extinguisher of the dry chemical or carbon dioxide type, [with an aggregate rating of at least 4–B, C units, which shall] with minimum effective chemicals of no less than 5 pounds, with an aggregate rating of at least 10–B, C units, which must bear the approval of a laboratory nationally recognized as properly equipped to grant such approval.

      Sec. 6.  NRS 484.643 is hereby amended to read as follows:

      484.643  1.  It [shall be] is unlawful for any person to operate a motor vehicle, whether [the same be] it is an emergency vehicle or otherwise, without tire chains or snow tires upon any street or highway, under icy or snowy conditions, when the highway is marked or [signed] posted with signs for the requirement of chains or snow tires.


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

ê1981 Statutes of Nevada, Page 867 (Chapter 445, AB 42)ê

 

icy or snowy conditions, when the highway is marked or [signed] posted with signs for the requirement of chains or snow tires.

      2.  The director of the department of motor vehicles may adopt regulations defining “snow tire”. The director shall consider regulations of the Federal Highway Administration and the National Highway Traffic Safety Administration and publications of the Rubber Manufacturers Association. The regulations must specify minimum standards for patterns of tread on snow tires which will provide adequate traction in mud and snow.

      Sec. 7.  NRS 484.695 is hereby amended to read as follows:

      484.695  1.  Peace officers and vehicle safety inspectors of the department of motor vehicles, in pursuance of assigned duty, having reasonable cause to believe that any vehicle or combination of vehicles is not equipped as required by this chapter or is in such unsafe condition as to endanger the driver or other occupant or any person upon a public highway or does not comply with any tire or brake standards that may be established by the department of motor vehicles pursuant to subsection 4, may require the driver thereof to stop and submit [such] the vehicle or combination of vehicles to an inspection of the mechanical condition or equipment thereof and such test with reference thereto as may be appropriate.

      2.  If [such] a vehicle or combination of vehicles is found to be in an unsafe mechanical condition or is not equipped as required by this chapter or does not comply with any tire or brake standards that may be established by the department of motor vehicles pursuant to subsection 4, the peace officer or vehicle safety inspector causing the inspection to be made may give [such driver] the owner of the vehicle a written traffic citation or notice of vehicle equipment violation and further require [the driver or] the owner of the vehicle to produce in court or the office of the peace officer or vehicle safety inspector satisfactory evidence that [such] the vehicle or its equipment has been made to conform with the requirements of this chapter and regulations adopted thereunder.

      3.  [Effective January 1, 1976, the] The director of the department of motor vehicles may establish vehicle safety inspection centers at the department of motor vehicles branch offices for the purpose of inspecting vehicles intended to be registered in the state. Safety inspections at these centers are limited to examination of tires and brakes on motor vehicles which have an unladened weight of not more than 6,000 pounds and which were manufactured more than 2 years prior to the date of inspection.

      4.  The director shall adopt regulations prescribing the standards for tires and brakes.

      Sec. 8.  NRS 200.070 is hereby amended to read as follows:

      200.070  [Involuntary] Except under the circumstances provided in NRS 484.377, involuntary manslaughter [shall consist in] is the killing of a human being, without any intent [so to do,] to do so, in the commission of an unlawful act, or a lawful act which probably might produce such a consequence in an unlawful manner; but where [such] the involuntary killing [shall happen] occurs in the commission of an unlawful act, which, in its consequences, naturally tends to destroy the life of a human being, or is committed in the prosecution of a felonious intent, the offense [shall be deemed and adjudged to be] is murder.


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

ê1981 Statutes of Nevada, Page 868 (Chapter 445, AB 42)ê

 

act, which, in its consequences, naturally tends to destroy the life of a human being, or is committed in the prosecution of a felonious intent, the offense [shall be deemed and adjudged to be] is murder.

 

________

 

 

CHAPTER 446, AB 332

Assembly Bill No. 332–Committee on Ways and Means

CHAPTER 446

AN ACT making an appropriation to the mental retardation residential placement fund to establish certain facilities; and providing other matters properly relating thereto.

 

[Approved June 2, 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 mental retardation residential placement fund created pursuant to NRS 435.120 the sum of $150,000 for the purpose of establishing facilities which serve mentally retarded persons and which can qualify for certification under the provisions of Title XIX of the Social Security Act (42 U.S.C. §§ 1396 et seq.).

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 1983, 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.

 

________

 

 

CHAPTER 447, AB 327

Assembly Bill No. 327–Committee on Judiciary

CHAPTER 447

AN ACT relating to motor vehicles; removing a limitation on the kinds of motor vehicles eligible for a temporary permit; adding exceptions to prohibition against operating a motor vehicle without proof of security; extending the duration of the permit; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  NRS 482.396 is hereby amended to read as follows:

      482.396  1.  A Nevada resident who has purchased from a person who is not a dealer a motor vehicle which is [:

      (a) A used, unregistered passenger car or truck weighing 6,000 pounds or less; and


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

ê1981 Statutes of Nevada, Page 869 (Chapter 447, AB 327)ê

 

      (b) Not] not subject to the provisions of NRS 482.390, 482.395 and 706.801 to 706.861, inclusive, may apply to the department for a permit to move the vehicle within Nevada for the purpose of registering and licensing it in this state.

      2.  The department may issue the permit free of charge. [and only after presentation of a certificate of ownership or other document of title for the vehicle, properly endorsed, or a statement as provided in paragraph (b) of subsection 2 of NRS 482.426.]

      3.  Each permit [shall:] must:

      (a) Bear the date of [issuance] expiration in numerals of sufficient size to be plainly readable from a reasonable distance during daylight;

      (b) Expire at 5 p.m. on the [day] 10th day after its date of issuance;

      (c) Be affixed to the vehicle in the manner prescribed by the department; and

      (d) Be removed and destroyed upon its expiration or the issuance of a new permit or a certificate of registration, for the vehicle, whichever occurs first.

      Sec. 2.  NRS 484.263 is hereby amended to read as follows:

      484.263  1.  [A] Except as otherwise provided in subsection 5, a person shall not:

      (a) Operate a motor vehicle registered or required to be registered in this state without having security covering the vehicle as required by NRS 485.185.

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

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

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

      3.  A person may not be fined if he presents evidence to the court that the security required by NRS 485.185 was in effect at the time demand was made for it.

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

      5.  The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the department of motor vehicles pursuant to NRS 482.3212, 482.396, 482.423 or 482.424 authorizing the movement or operation of that vehicle within the state for a limited period of time.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 870ê

 

CHAPTER 448, AB 355

Assembly Bill No. 355–Committee on Ways and Means

CHAPTER 448

AN ACT relating to state employees in the classified service; removing the limitation on their salaries based on the salaries of their immediate supervisors; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  NRS 284.175 is hereby amended to read as follows:

      284.175  1.  After consultation with appointing authorities and state fiscal officers, and after a public hearing and approval by the commission, the chief shall prescribe regulations for a pay plan for all employees in the classified service.

      2.  The pay plan and amendments thereto become effective only after approval by the commission and the governor.

      3.  The chief shall prepare a pay plan and ranges for each class, grade or group of positions in the classified service. Each employee [shall] must be paid at one of the rates set forth in the pay plan for the class of position in which he is employed and at such time as necessary [funds are] money is made available for [such] the payment.

      4.  The chief shall prescribe regulations that provide for progression through the rate ranges based on merit and fitness alone. [Upon] The regulations become effective upon the approval of the commission. [such regulations become effective.

      5.  Except as otherwise provided in this subsection, no employee in the classified service may receive a salary in excess of 95 percent of the salary received by his immediate supervisor if his immediate supervisor is in the unclassified service. The provisions of this subsection shall not:

      (a) Reduce the salary of any employee in the classified service.

      (b) Apply to physicians, surgeons, dentists or veterinarians in full-time employment with the state, to the state welfare administrator, or to engineers employed by the state public works board or the division of Colorado River resources.]

      5.  During regular legislative sessions salaries for the classified service of the state [shall] must be set based upon the prevailing rates paid in government and industry for comparable jobs within the State of Nevada and western states, where appropriate.

      [6.]  The provisions of this subsection [5] are subject to the [further] limitation imposed by NRS 281.123.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 871ê

 

CHAPTER 449, AB 563

Assembly Bill No. 563–Committee on Education

CHAPTER 449

AN ACT relating to public schools; revising the procedure for retention of pupils in the same grade; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  NRS 392.125 is hereby amended to read as follows:

      392.125  1.  Before any pupil enrolled in a public school may be retained in the same grade rather than promoted to the next higher grade for the succeeding school year, the pupil’s teacher [or] and principal must make a reasonable effort to arrange a meeting and to meet with his parents or guardian to discuss the reasons and circumstances.

      2.  The teacher and the principal in joint agreement have the final authority to retain a pupil in the same grade for the succeeding school year.

      3.  No pupil may be retained more than one time in the same grade.

 

________

 

 

CHAPTER 450, AB 386

Assembly Bill No. 386–Assemblyman Horn

CHAPTER 450

AN ACT relating to parole; limiting parole for certain prisoners whose sentences have been commuted; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  NRS 213.1099 is hereby amended to read as follows:

      213.1099  1.  Except as provided in [subsection 2,] subsections 2 and 3, the board may release on parole a prisoner otherwise eligible for parole under NRS 213.107 to 213.160, inclusive, only if, from all the information known to the board, it appears to the board:

      (a) That there is a reasonable probability that such prisoner will live and remain at liberty without violating the laws; and

      (b) That such release is not incompatible with the welfare of society.

      2.  When a person is convicted of any felony and is punished by a sentence of imprisonment, he remains subject to the jurisdiction of the board from the time he is released on parole under the provisions of this chapter until the expiration of the term of imprisonment imposed by the court less any good time or other credits earned against such term.

      3.  The board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless it finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order that he be detained to answer for a crime or violation of parole or probation in another jurisdiction, and that he has no history of:

 


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

ê1981 Statutes of Nevada, Page 872 (Chapter 450, AB 386)ê

 

detained to answer for a crime or violation of parole or probation in another jurisdiction, and that he has no history of:

      (a) Recent misconduct in the institution, and that he has been recommended for parole by the director of the department of prisons;

      (b) Repetitive criminal conduct;

      (c) Criminal conduct related to the use of alcohol or drugs;

      (d) Repetitive sexual deviance, violence or aggression; or

      (e) Failure in parole, probation, work release or similar programs.

      Sec. 2.  Section 1 of this act shall become effective if Assembly Joint Resolution 30 of the 60th session of the Nevada legislature is approved and ratified by the people at the 1982 general election, and on the day following the canvass of the returns by the supreme court.

 

________

 

 

CHAPTER 451, AB 423

Assembly Bill No. 423–Committee on Judiciary

CHAPTER 451

AN ACT relating to attorneys for indigents; redesignating the approving authority for excess fees; harmonizing other references to the same authority; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  NRS 1.235 is hereby amended to read as follows:

      1.235  1.  Any party to an action or proceeding pending in any court other than the supreme court, who seeks to disqualify a judge for actual or implied bias or prejudice [shall] must file an affidavit specifying the facts upon which the disqualification is sought. The affidavit of a party represented by an attorney must be accompanied by a certificate of the attorney of record that the affidavit is filed in good faith and not interposed for delay. Except as provided in subsections 2 and 3, the affidavit must be filed:

      (a) Not less than 20 days before the date set for trial or hearing of the case; or

      (b) Not less than 3 days before the date set for the hearing of any pretrial matter.

      2.  Except as otherwise provided in this subsection and subsection 3, if a case is not assigned to a judge before the time required under subsection 1 for filing the affidavit, the affidavit must be filed:

      (a) Within 10 days after the party or his attorney is notified that the case has been assigned to a judge;

      (b) Before the hearing of any pretrial matter; or

      (c) Before the jury is empaneled, evidence taken or any ruling made in the trial or hearing,

whichever occurs first. If the facts upon which disqualification of the judge is sought are not known to the party before he is notified of the assignment of the judge or before any pretrial hearing is held, the affidavit may be filed not later than the commencement of the trial or hearing of the case.


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

ê1981 Statutes of Nevada, Page 873 (Chapter 451, AB 423)ê

 

assignment of the judge or before any pretrial hearing is held, the affidavit may be filed not later than the commencement of the trial or hearing of the case.

      3.  If a case is reassigned to a new judge and the time for filing the affidavit under subsection 1 and paragraph (a) of subsection 2 has expired, the parties have 10 days after notice of the new assignment within which to file the affidavit, and the trial or hearing of the case must be rescheduled for a date after the expiration of the 10-day period unless the parties stipulate to an earlier date.

      4.  At the time the affidavit is filed, a copy must be served upon the judge sought to be disqualified. Service must be made by delivering the copy to the judge personally or by leaving it at his chambers with some person of suitable age and discretion employed therein.

      5.  The judge against whom an affidavit alleging bias or prejudice is filed shall proceed no further with the matter and shall:

      (a) Immediately transfer the case to another department of the court, if there is more than one department of the court in the district, or request the judge of another district court to preside at the trial or hearing of the matter; or

      (b) File a written answer with the clerk of the court within 2 days after the affidavit is filed, admitting or denying any or all of the allegations contained in the affidavit and setting forth any additional facts which bear on the question of his disqualification. The question of the judge’s disqualification must thereupon be heard and determined by another judge agreed upon by the parties or, if they are unable to agree, by a judge appointed:

             (1) By the [chief judge] presiding judge of the judicial district in judicial districts having more than one judge, or if the [chief judge] presiding judge of the judicial district is sought to be disqualified, by the judge having the greatest number of years of service.

             (2) By the supreme court in judicial districts having only one judge.

      Sec. 2.  NRS 3.025 is hereby amended to read as follows:

      3.025  1.  For the second and eighth judicial districts, the district judges shall, on the first judicial day of each year, choose from among the judges of each district a [chief judge.] presiding judge of the district.

      2.  The [chief judge] presiding judge of the district shall:

      (a) Assign cases to each judge in the district;

      (b) Prescribe the hours of court; and

      (c) Adopt such other rules [and] or regulations as are necessary for the orderly conduct of court business.

      3.  On or before the 15th day of the month following, the [chief judge] presiding judge of the district shall submit a written report to the clerk of the supreme court each month, showing:

      (a) Those cases which are pending and undecided and to which judge [such] the cases have been assigned;

      (b) The type and number of cases each judge considered during the preceding month;

      (c) The number of cases submitted to each judge during the preceding month;


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

ê1981 Statutes of Nevada, Page 874 (Chapter 451, AB 423)ê

 

      (d) The number of cases decided by each judge during the preceding month; and

      (e) The number of full judicial days in which each judge appeared in court or in chambers in performance of his duties during the preceding month.

      Sec. 3.  NRS 7.125 is hereby amended to read as follows:

      7.125  1.  Except as limited by subsections 2 to 4, inclusive, an attorney other than a public defender appointed by a magistrate or a district court to represent or defend a defendant at any stage of the criminal proceedings from the defendant’s initial appearance before the magistrate or the district court through the appeal, if any, is entitled to receive a fee in accordance with the following schedule:

      (a) For consultation, research and other time reasonably spent on the matter to which the appointment is made, except court appearance, $20 per hour.

      (b) For court appearances, $30 per hour.

      2.  The total fee for each attorney in any matter regardless of the number of offenses charged or ancillary matters pursued [shall] must not exceed:

      (a) If the most serious crime is a felony punishable by death or by imprisonment for life with or without possibility of parole, $2,500;

      (b) If the most serious crime is a felony other than a felony included in paragraph (a) or is a gross misdemeanor, $1,000;

      (c) If the most serious crime is a misdemeanor, $300;

      (d) For an appeal of one or more misdemeanor convictions, $300; or

      (e) For an appeal of one or more gross misdemeanor or felony convictions, $1,000.

      3.  An attorney appointed by a district court to represent an indigent petitioner for a writ of habeas corpus or other post-conviction relief, if the petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or felony, [shall] is entitled to be paid a fee not to exceed $300.

      4.  As used in this subsection “extraordinary circumstances” means financial burdens and hardships far in excess of those normally attendant upon the defense of indigent persons. If the appointing court deems it appropriate because of extraordinary circumstances to grant a fee in excess of the applicable maximum, [such] the payment may be made only if the court in which the representation was rendered certifies that the amount of the excess payment is both reasonable and necessary and the payment is approved by the [chief] presiding judge of the judicial district in which the attorney was appointed, or if there is no [chief] such presiding judge or if [the chief judge] he presided over the court in which the representation was rendered, then by the district court judge who holds seniority in years of service in office.

      5.  The magistrate, the district court or the supreme court may, in the interests of justice, substitute one appointed attorney for another at any stage of the proceedings, but the total amount of fees granted all appointed attorneys [shall] must not exceed those allowable if but one attorney represented or defended the defendant at all stages of the criminal proceeding.


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

ê1981 Statutes of Nevada, Page 875 (Chapter 451, AB 423)ê

 

      6.  A claim made pursuant to this section [shall] must not be paid unless it is submitted within 60 days after the appointment is terminated and a statement made under oath is submitted specifying:

      (a) The amount of time spent on the matter;

      (b) The type of service rendered;

      (c) The amount of expenses incurred; and

      (d) Any compensation or reimbursement which is applied for or received from any other source.

      Sec. 4.  NRS 7.135 is hereby amended to read as follows:

      7.135  The attorney [or attorneys] appointed by a magistrate or district court to represent a defendant [are] is entitled, in addition to the fee provided by [law for their] NRS 7.125 for his services, to be reimbursed for expenses reasonably incurred by him [or them] in representing the defendant and may employ, subject to the prior approval of the magistrate or the district court in an ex parte application, such investigative expert or other services as may be necessary for an adequate defense. Compensation to any person furnishing such investigative, expert or other services [shall] must not exceed $300, exclusive of reimbursement for expenses reasonably incurred, unless payment in excess of that limit is:

      1.  Certified by the trial judge of the court, or by the magistrate if the services were rendered in connection with a case disposed of entirely before him, as necessary to provide fair compensation for services of an unusual character or duration; and

      2.  Approved by the [chief] presiding judge of the judicial district in which the attorney was appointed, or if there is no [chief] presiding judge, by the district court judge who holds seniority in years of service in office.

      Sec. 5.  Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

________

 

 

CHAPTER 452, AB 437

Assembly Bill No. 437–Assemblymen Glover and Dini

CHAPTER 452

AN ACT relating to programs for public employees; increasing the amounts payable by the state toward group insurance for retired employees of the state; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  NRS 287.046 is hereby amended to read as follows:

      287.046  1.  Except as provided in subsection 3, any state or other participating officer or employee who elects to participate in the state’s group insurance program may participate, and the department, agency, commission or public agency which employs the officer or employee shall pay the state’s share of the cost of the premiums of the group insurance from money appropriated or authorized as provided in NRS 287.044.


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

ê1981 Statutes of Nevada, Page 876 (Chapter 452, AB 437)ê

 

Employees who elect to participate in the state’s group insurance program [shall] must authorize deductions from their compensation for the payment of premiums on the insurance.

      2.  The personnel division of the department of administration shall pay [$15 per month of] the amount provided by law for that fiscal year toward the cost of the premiums of group insurance for persons retired from the service of the state who have continued to participate. The division shall agree through the committee on group insurance with the insurer for billing of remaining premiums to the retired participants.

      3.  A senator or assemblyman who elects to participate in the state’s group insurance program shall pay the entire premium for his insurance.

      Sec. 2.  The personnel division of the department of administration shall pay $18 per month for the fiscal year 1981–1982 and $20.70 per month for the fiscal year 1982–1983 toward the cost of the premiums of group insurance for retired employees of the state.

 

________

 

 

CHAPTER 453, AB 465

Assembly Bill No. 465–Assemblyman Polish

CHAPTER 453

AN ACT relating to chiropractic; broadening the prohibition against practicing without a license; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  NRS 634.030 is hereby amended to read as follows:

      634.030  The board shall elect a president, vice president and a secretary-treasurer, and shall adopt reasonable [rules and] regulations for the transaction of business [.] and to enable it to carry out its duties under this chapter.

      Sec. 2.  NRS 634.060 is hereby amended to read as follows:

      634.060  1.  It is unlawful for any person [:

      (a) To practice] who does not hold a license issued pursuant to this chapter to:

      (a) Practice chiropractic in this state. [without a license so to do.

      (b) To hold](b) Hold himself out as a chiropractor. [without having a license.]

      (c) Use any combination, variation or abbreviation of the terms “chiropractor,” “chiropractic” or “chiropractic physician” as a professional or commercial representation.

      (d) Use any means which directly or indirectly conveys to another person the impression that he is qualified or licensed to practice chiropractic.

      2.  Any person violating the provisions of this section is guilty of a gross misdemeanor.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 877ê

 

CHAPTER 454, AB 468

Assembly Bill No. 468–Committee on Government Affairs

CHAPTER 454

AN ACT relating to the housing division of the department of commerce; raising the limitation on the amount of bonds the division may issue; prohibiting certain false statements respecting loan applications; providing a penalty; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  Chapter 319 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Any person who knowingly makes or causes to be made, either directly or indirectly, or through any agency whatsoever, any false statement in writing concerning a loan applicant’s income, employment, financial position, the size of his family, his intent to occupy the mortgaged premises as his primary residence or the cost of the mortgaged residence, with intent that the statement be relied upon for the purpose of obtaining a loan from the division is guilty of a gross misdemeanor.

      Sec. 2.  NRS 319.270 is hereby amended to read as follows:

      319.270  1.  Subject to the limitation imposed by subsections 4 and 5, the division may issue from time to time its negotiable notes and bonds in such principal amount as the administrator determines to be necessary to provide sufficient [funds] money for achieving any of its statutory purposes, including the payment of interest on notes and bonds of the division, establishment of bond reserve funds and other reserves to secure the notes and bonds, and all other expenditures of the division necessary or convenient to carry out its statutory purposes and powers.

      2.  Subject to any agreements with holders of notes or bonds, all notes and bonds issued by the division are special obligations of the division payable out of any revenues, money or other assets of the division pledged thereto.

      3.  In issuing the notes and bonds, the division acts as an agency or instrumentality of the State of Nevada.

      4.  Before any notes or bonds may be issued pursuant to this section, except those issued for the purpose of refunding outstanding notes or bonds, the administrator shall submit a copy of his finding of the conditions prerequisite to the financing of residential housing under this chapter to the state board of finance. If that board approves, the division may proceed to issue its notes or bonds in the amount approved, subject to the further limitation of subsection 5.

      5.  The aggregate principal amount of outstanding bonds, notes and other obligations of the division must not exceed [$500,000,000,] $650,000,000, of which $100,000,000 must be allocated to veterans who qualify for loans under this chapter, exclusive of any bonds, notes or obligations which have been refunded. The establishment of this debt limitation does not prohibit the division from issuing additional bonds, notes or other obligations if the debt limitation is subsequently increased.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 878ê

 

CHAPTER 455, AB 528

Assembly Bill No. 528–Assemblymen Westall, Mello, Bremner, Brady, Barengo, Nicholas, May, Hickey, Dini, Redelsperger, Prengaman, Kovacs, Beyer, Vergiels, Hayes, Horn, Price, Coulter, Bennett, Chaney, Schofield, Jeffrey, DuBois, Rackley, Sader and Thompson

CHAPTER 455

AN ACT relating to the state personnel system; creating a legislative committee to study the system and providing for its organization, powers and duties; making an appropriation; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  1.  The legislative committee to study personnel administration in state government, consisting of seven members, is hereby created.

      2.  The following persons shall serve as members of the committee:

      (a) The chairmen of the senate standing committees on finance and on government affairs and of the assembly standing committees on ways and means and on government affairs of the 61st session of the Nevada legislature or their designees;

      (b) One member of the senate of the 61st session of the Nevada legislature, appointed by the majority leader of the senate; and

      (c) Two members of the assembly of the 61st session of the Nevada legislature, appointed by the speaker of the assembly.

      3.  The chairman of the legislative commission shall designate one of the members as chairman of this committee.

      4.  The director of the legislative counsel bureau shall provide the necessary professional staff and a secretary for the committee.

      5.  The members of the committee are entitled to receive a salary for each day or portion of a day of attendance at a meeting of the committee in an amount equal to the salary established for the members of the legislative commission and the travel expenses and per diem allowance provided by law for members of the standing committees of the legislature.

      Sec. 2.  The committee shall study personnel administration in state government, including without limitation:

      1.  Salary classifications of the employees in the classified and unclassified service of the state;

      2.  The merit system, including its application to such areas as hiring, promotion and basing of compensation on performance;

      3.  The operations of the personnel division of the department of administration and its performance in promoting sound personnel practices in Nevada state government; and

      4.  Training programs.

      Sec. 3.  The committee may hold public hearings at such times and places as it deems necessary to afford the general public, representatives of state agencies, including the personnel division of the department of administration, and representatives of organizations interested in state personnel practices an opportunity to present relevant information and recommendations.


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

ê1981 Statutes of Nevada, Page 879 (Chapter 455, AB 528)ê

 

      Sec. 4.  All agencies of the executive department of Nevada state government and the University of Nevada System shall cooperate with the committee and shall furnish to the committee all information and material which the committee requests to conduct its study and prepare its report.

      Sec. 5.  The committee may accept and use all gifts and grants which it receives to further its work.

      Sec. 6.  1.  There is hereby appropriated from the state general fund to the legislative commission the sum of $75,000 for the purpose of conducting a study of the state personnel system as provided in this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 1983, and reverts to the state general fund as soon as all payments of money committed have been made.

      3.  If the appropriation made by subsection 1 is not sufficient for the committee to conduct the study, the committee may request and the interim finance committee may authorize the expenditure of additional money from the legislative fund created pursuant to NRS 218.085.

      Sec. 7.  The committee shall submit to the legislative commission a report of its findings and recommendations for legislation before the commencement of the 62d session of the legislature.

      Sec. 8.  This act expires by limitation on July 1, 1983.

 

________

 

 

CHAPTER 456, SB 584

Senate Bill No. 584–Committee on Taxation

CHAPTER 456

AN ACT relating to the taxation of agricultural and open-space real property; transferring certain personal liability for deferred taxes from the seller to the buyer; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  Chapter 361A of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The sale or transfer of agricultural or open-space real property which is receiving agricultural or open-space assessment discharges the seller or transferor from personal liability for any deferred taxes for which he would otherwise be liable unless the property ceased to be used exclusively for agricultural use or approved open-space use during his ownership. The buyer or transferee who changes the use of the property thereby becomes personally liable for the deferred taxes.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 880ê

 

CHAPTER 457, AB 196

Assembly Bill No. 196–Assemblyman Schofield

CHAPTER 457

AN ACT relating to hazardous waste; providing for regulation of its generation, transportation, treatment, storage and disposal; prescribing powers and duties of the state department of conservation and natural resources and the state environmental commission; providing for a system of permits; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

      Whereas, Continuing progress in technology, increases in manufacturing activity and the abatement of air and water pollution have given rise to larger quantities of hazardous waste; and

      Whereas, Human health, public safety and the environment are threatened where hazardous waste is not managed in a sound, responsible manner; and

      Whereas, Knowledge and technology necessary to alleviate adverse effects on health, safety, environment and esthetic life from the irresponsible disposal of hazardous waste is available but is not widely used; and

      Whereas, The problem of managing hazardous waste and its disposal has become a matter of concern to the entire State of Nevada; now, therefore,

 

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

 

      Section 1.  Chapter 444 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 35, inclusive, of this act.

      Sec. 2.  The purposes of sections 2 to 35, inclusive, of this act are to:

      1.  Protect human health, public safety and the environment from the effects of improper, inadequate or unsound management of hazardous waste;

      2.  Establish a program for regulation of the storage, generation, transportation, treatment and disposal of hazardous waste; and

      3.  Ensure safe and adequate management of hazardous waste.

      Sec. 3.  As used in sections 2 to 35, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 12, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Commission” means the state environmental commission.

      Sec. 5.  “Department” means the state department of conservation and natural resources.

      Sec. 6.  “Director” means the director of the department.

      Sec. 7.  “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous waste into or on any land or water in a manner which might allow the hazardous waste or any part of it to enter the environment, be emitted into the air or be discharged into any water, including any groundwater.

      Sec. 8.  “Hazardous waste” means any waste or combination of wastes, including solids, semisolids, liquids or contained gases, which:

      1.  Because of its quantity or concentration or its physical, chemical or infectious characteristics may:


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

ê1981 Statutes of Nevada, Page 881 (Chapter 457, AB 196)ê

 

      (a) Cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating illness; or

      (b) Pose a substantial hazard or potential hazard to human health, public safety or the environment when it is given improper treatment, storage, transportation, disposal or other management.

      2.  Is identified as hazardous by the department as a result of studies undertaken for the purpose of identifying hazardous wastes.

The term includes, among other wastes, toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise.

      Sec. 9.  “Management of hazardous waste” means the systematic control of the generation, collection, storage, transportation, processing, treatment, recovery and disposal of hazardous waste.

      Sec. 9.5.  “Manifest” means a document used to identify hazardous waste during its transportation from between any two of the points of generation, storage, treatment and disposal, and specifying the quantity, composition, origin, route and destination of the waste.

      Sec. 10.  “Person” means a natural person, trust, firm, partnership, association or corporation or an agency of the Federal Government, any state or its local governments.

      Sec. 11.  “Storage” means the containment of hazardous waste, temporarily or for a period of years, in a manner which does not constitute disposal.

      Sec. 12.  “Treatment” means a process, including neutralization, which is designed to change the physical, chemical or biological character or composition of hazardous waste so as to neutralize it or render it less hazardous, nonhazardous, safer for transportation, storage and disposal, amenable to recovery of resources from it, or reduce its volume.

      Sec. 12.5.  1.  Sections 2 to 35, inclusive, of this act do not apply to any activity or substance which is subject to control pursuant to NRS 445.131 to 445.399, inclusive, NRS 459.010 to 459.160, inclusive, and sections 2 to 6, inclusive, of chapter 116, Statutes of Nevada 1981 except to the extent that they can be applied in a manner which is not inconsistent with those sections.

      2.  The director shall administer sections 2 to 35, inclusive, of this act in a manner which avoids duplication of the provisions of NRS 445.131 to 445.601, inclusive, and the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et seq.

      Sec. 13.  The commission shall:

      1.  Adopt regulations governing systems of hazardous waste management, including the plan for management of hazardous waste in the entire state;

      2.  Through the department:

      (a) Advise, consult and cooperate with other agencies of the state, other states, the Federal Government, municipalities and other persons on matters relating to formulation of plans for managing hazardous waste.

      (b) Develop a plan for management of hazardous waste in the entire state.


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

ê1981 Statutes of Nevada, Page 882 (Chapter 457, AB 196)ê

 

      Sec. 14.  Regulations adopted by the commission pursuant to section 13 of this act must be based upon studies, guidelines and regulations of the Federal Government and must:

      1.  Set out mechanisms for determining whether any waste is hazardous;

      2.  Govern combinations of wastes which are not compatible and may not be stored, treated or disposed of together;

      3.  Govern generation, storage, treatment and disposal of hazardous waste;

      4.  Govern operation and maintenance of facilities for the treatment, storage and disposal of hazardous waste, including the qualifications and requirements for ownership, continuity of operation, closure and care after closing;

      5.  Provide standards for location, design and construction of facilities for treatment, storage and disposal of hazardous waste;

      6.  Govern the transportation, packing and labeling of hazardous waste in a manner consistent with regulations issued by the United States Department of Transportation relating to hazardous waste;

      7.  Provide procedures and requirements for the use of a manifest for each shipment of hazardous waste. The procedures and requirements must be applied equally to those persons who transport hazardous waste generated by others and those who transport hazardous waste which they have generated themselves; and

      8.  Take into account climatic and geologic variations and other factors relevant to the management of hazardous waste.

      Sec. 14.3.  The regulation of the generation of hazardous waste is limited to provisions relating to:

      1.  Keeping of records;

      2.  Use of appropriate containers and requirements for labeling;

      3.  Furnishing of information relating to the general chemical composition of hazardous waste;

      4.  Use of a system of manifests for shipments of hazardous waste; and

      5.  Required reports to the department.

      Sec. 14.5.  The following types of waste are subject to the provisions of sections 2 to 35, inclusive, of this act only if they are regulated pursuant to the federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq.:

      1.  Fly ash, bottom ash, slag and waste removed from flue gas from the combustion of coal or other fossil fuels;

      2.  Solid waste from extraction, beneficiation and processing of ores and minerals, including phosphate rock and overburden from the mining of uranium ore;

      3.  Dust from cement kilns; and

      4.  Drilling fluids and other wastes produced by exploration, development or production of oil, gas or geothermal energy.

      Sec. 14.7.  1.  Regulations of the commission must provide for safety in packaging, handling, transport and disposal of hazardous waste, including safety of vehicles and drivers, and may provide for the licensing and other necessary regulation of generators and transporters, including shippers, brokers and carriers, both intrastate and interstate, who transport that waste or cause it to be transported into or through Nevada or for disposal in Nevada.


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

ê1981 Statutes of Nevada, Page 883 (Chapter 457, AB 196)ê

 

other necessary regulation of generators and transporters, including shippers, brokers and carriers, both intrastate and interstate, who transport that waste or cause it to be transported into or through Nevada or for disposal in Nevada.

      2.  The regulations may include provisions for:

      (a) Fees to pay the cost of inspection and other regulation;

      (b) Administrative penalties of not more than $2,500 per violation or $10,000 per shipment for violations by persons licensed by the department, and the criminal prosecution of violations of its regulations by persons who are not licensed by the department.

      3.  Designated employees of the department, inspectors and peace officers of the motor carrier division of the department of motor vehicles, the public service commission of Nevada and the Nevada highway patrol shall enforce the regulations of the commission relating to the transport and handling of hazardous waste, as they affect the safety of drivers and vehicles and the leakage or spill of that waste from packages.

      Sec. 15.  1.  The department is hereby designated to act as the state agency for the purposes of federal laws and regulations on hazardous waste, except that the commission has the exclusive power to adopt regulations pursuant to sections 2 to 35, inclusive, of this act.

      2.  The department may take any action necessary and appropriate to secure the benefits of any federal law relating to hazardous waste.

      Sec. 16.  The department shall:

      1.  Except as provided in section 16.5 of this act, enforce the commission’s regulations on hazardous waste.

      2.  Develop and publish a plan of management of hazardous waste in this state, including among other things, descriptions of:

      (a) Sources of hazardous waste, including information on the types and quantities of the waste; and

      (b) Current practices and costs in the management of hazardous waste, including treatment, storage and disposal; and

      3.  Cooperate with other states to bring about improved management of hazardous waste, encourage the enactment of uniform state laws relating to hazardous waste, and develop compacts between this and other states which are designed to provide for improved management of hazardous waste.

      Sec. 16.5.  The department may delegate responsibility for the enforcement of sections 2 to 35, inclusive, of this act or any regulations adopted pursuant to those sections to suitably qualified agencies of the political subdivisions of this state.

      Sec. 17.  1.  It is unlawful for any person to:

      (a) Construct, substantially alter or operate any facility for the treatment, storage or disposal of hazardous waste; or

      (b) Treat, store or dispose of any hazardous waste,

unless he has first obtained a permit from the department to do so.

      2.  A person who:

      (a) Conducts an activity for which a permit is required pursuant to this section, and is doing so on the effective date of the regulations establishing procedures for the system of permits; and


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

ê1981 Statutes of Nevada, Page 884 (Chapter 457, AB 196)ê

 

      (b) Has made an application for a permit,

shall be deemed to have been issued a permit until his application has been acted upon, unless a delay in that action was caused by his failure to furnish information which was reasonably requested or required for the processing of the application.

      3.  The commission may require a person who is conducting an activity pursuant to subsection 2 to comply with requirements which it has specified by regulation before a permit is issued.

      Sec. 18.  1.  The commission shall adopt regulations for the granting, renewal, modification, suspension, revocation and denial of permits.

      2.  Permits may contain terms and conditions which the department considers necessary and which conform to the provisions of regulations adopted by the commission.

      3.  Permits may be issued for any period not more than 5 years.

      4.  The department may suspend or revoke a permit pursuant to the commission’s regulations if the holder of the permit fails or refuses to comply with the terms of the permit or a regulation of the commission relating to hazardous waste.

      Sec. 19.  1.  The commission shall adopt regulations requiring that the owner or operator of any facility for the treatment, storage or disposal of hazardous waste show his financial responsibility for the undertaking by providing:

      (a) Evidence that he has a policy of liability insurance in an amount which the department has determined is necessary for the protection of human health, public safety and the environment;

      (b) Evidence of security, in a form and amount which the department deems necessary, to ensure that at the time of any abandonment, cessation or interruption of the service provided by the facility, and thereafter, all appropriate measures will be taken to prevent damage to human health, public safety and the environment; and

      (c) Any other evidence of financial responsibility which the commission finds necessary for those purposes.

      2.  Requirements established pursuant to this section may not exceed those requirements for financial responsibility established pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq.

      Sec. 20.  All proceeds from agreements entered into pursuant to section 35 of this act, all fees collected, all civil penalties imposed and all interest accrued pursuant to sections 2 to 35, inclusive, of this act must be deposited with the state treasurer for credit to the fund for the management of hazardous waste, which is hereby created as a special revenue fund. The money in the fund may be expended only to pay for the costs of monitoring or other management of hazardous waste, and must be paid as other claims against the state are paid.

      Sec. 21.  Money in the emergency fund created by NRS 353.263 may be spent as provided in that section to clean and decontaminate the site of an accident involving hazardous waste or a spill of hazardous waste, and to render the site safe. The director shall seek reimbursement of the emergency fund by legal action against the person or persons who are responsible for the accident or spill and by applying for reimbursement to the proper agencies of the Federal Government.


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

ê1981 Statutes of Nevada, Page 885 (Chapter 457, AB 196)ê

 

      Sec. 22.  When the department receives an application for a permit to carry out modifications to an existing facility or finds that modifications are necessary to enable the owner or operator of a new facility to comply with the requirements of sections 2 to 35, inclusive, of this act, it may include a condition in the permit specifying the time which will be allowed to complete the modifications.

      Sec. 23.  1.  The commission may by regulation adopt a procedure under which an applicant or holder of a permit may demonstrate that a standard he proposes would offer protection of human health, public safety and the environment which is equivalent to a standard of the commission.

      2.  The commission may specify certain standards which may be considered for substitution pursuant to this section.

      Sec. 24.  1.  The commission shall adopt regulations which require licensees to keep records and submit reports on hazardous waste and which prescribe procedures for:

      (a) Installing, calibrating, using and maintaining monitoring equipment or other methods for obtaining data on hazardous wastes;

      (b) Taking samples and performing tests and analyses;

      (c) Establishing and maintaining suitable records; and

      (d) Making reports to the department.

      2.  It is unlawful for any person to generate, store, transport, treat or dispose of hazardous waste without reporting each activity to the department in accordance with regulations adopted by the commission.

      Sec. 25.  1.  Except as provided in subsection 2, information which the department obtains in the course of the performance of its duties relating to hazardous waste is public information.

      2.  Information which relates to:

      (a) The trade secrets, processes, operations, style of work or apparatus of any person; or

      (b) The identity, confidential statistical information, amount or source of any income, profits, losses or expenditures of any particular person,

is confidential and may be disclosed only to other officers, employees and authorized representatives of the commission or department.

      Sec. 26.  Any authorized representative or employee of the commission or the department may, for the purpose of carrying out his duties pursuant to sections 2 to 35, inclusive, of this act, or to enforce a regulation adopted pursuant to those sections:

      1.  Enter any place where waste which the department has reason to believe may be hazardous is or may have been generated, stored, transported, treated, disposed of or otherwise handled;

      2.  Inspect and obtain samples of any waste which the department has reason to believe may be hazardous, including samples from any vehicle in which waste is being transported, and samples of containers and labels; and

      3.  Inspect and copy any records, reports, information or test results relating to the management of hazardous wastes.

      Sec. 27.  If the department receives information that the handling, storage, transportation, treatment or disposal of any waste may present an imminent and substantial hazard to human health, public safety or the environment, it may:


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

ê1981 Statutes of Nevada, Page 886 (Chapter 457, AB 196)ê

 

      1.  Issue an order directing the owner or operator of the facility for treatment, storage or disposal of the waste or other person who has custody of the waste to take necessary steps to prevent the act or eliminate the practice which constitutes the hazard.

      2.  Request that the attorney general commence an action to enjoin the practices or acts which constitute the hazard.

      3.  Take any other action designed to reduce or eliminate the hazard.

      Sec. 28.  Whenever the director finds that any person is engaging or has engaged in any act or practice which violates any provision of sections 2 to 26, inclusive, of this act or a regulation adopted pursuant to those sections or any term or condition of a permit issued by the department, he may issue an order:

      1.  Specifying the provision which is alleged to have been violated or which is about to be violated;

      2.  Setting forth the facts alleged to constitute the violation;

      3.  Prescribing any corrective action which must be taken and a reasonable time within which it must be taken; and

      4.  Requiring the person to whom the order is directed to appear before the director or a hearing officer appointed by him to show cause why the department should not commence an action against him in district court for appropriate relief.

      Sec. 29.  In carrying out the provisions of sections 2 to 26, inclusive, of this act, the commission, the department and the attorney general may by subpena require the attendance and testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary.

      Sec. 30.  1.  The director may seek an injunction in district court to prevent the occurrence or continuance of any act or practice which violates any provision of sections 2 to 26, inclusive, of this act or any regulation adopted or permit or order issued pursuant to those sections.

      2.  If the director shows that a person is or has engaged in any act or practice which violates sections 2 to 26, inclusive, of this act or any regulation adopted or permit or order issued pursuant to those sections, the court may issue, without bond any prohibitory or mandatory injunction which the facts warrant, including a temporary restraining order or a preliminary or permanent injunction. A temporary restraining order may be granted only if the director has attempted to notify the defendant of his intention to seek it before the beginning of the hearing.

      3.  The court may not deny a temporary restraining order or an injunction because the director has failed to show that there is no adequate remedy at law or because he has not shown that irreparable harm will result from the act or practice which is the subject of the action.

      4.  The court may require a performance bond or other security by the respondent to ensure his compliance with the order.

      Sec. 31.  1.  Any person who violates or contributes to a violation of any provision of sections 2 to 26, inclusive, of this act, or of any regulation adopted or permit or order issued pursuant to those sections, or who does not take action to correct a violation within the time specified in an order, is liable to the department for a civil penalty of not more than $10,000 for each day on which the violation occurs.


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

ê1981 Statutes of Nevada, Page 887 (Chapter 457, AB 196)ê

 

order, is liable to the department for a civil penalty of not more than $10,000 for each day on which the violation occurs. This penalty is in addition to any other penalty provided by sections 2 to 35, inclusive, of this act.

      2.  The department may recover, in the name of the State of Nevada, actual damages which result from a violation, in addition to the civil penalty provided in this section. The damages may include expenses incurred by the department in removing, correcting or terminating any adverse effects which resulted from the violation and compensation for any fish, aquatic life or other wildlife destroyed as a result of the violation.

      Sec. 32.  Any person who:

      1.  Knowingly makes any false statement, representation or certification on any application, record, report, plan or other document filed or required to be maintained by any provision of sections 2 to 26, inclusive, of this act or by any regulation adopted or permit or order issued pursuant to those sections; or

      2.  Falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required by a provision of sections 2 to 26, inclusive, of this act or by any regulation adopted or permit or order issued pursuant to those sections,

shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $10,000, or by both fine and imprisonment.

      Sec. 33.  Any person who, intentionally or with criminal negligence, violates any term or condition of a permit issued pursuant to section 18 of this act or an order issued by the department relating to hazardous waste:

      1.  For the first violation, shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $25,000, or by both fine and imprisonment.

      2.  For a second or subsequent violation, shall be punished by imprisonment in the state prison for not less than 1 year or more than 6 years, or by a fine of not more than $50,000, or by both fine and imprisonment.

      Sec. 34.  The commission may establish by regulation:

      1.  License fees and any other fees for the use of state-owned disposal areas for hazardous wastes, in an amount sufficient to defray all costs of monitoring, securing or otherwise regulating the storage or disposal of hazardous wastes. The fee for use of a disposal area must not be less than 25 cents per cubic foot of material placed in the area. The person who contracts with the state for the use of a disposal area is responsible for the payment of these fees.

      2.  Procedures for the collection of interest on delinquent fees and other accounts for the use of disposal areas.

      3.  Penalties of no more than $3,000 per day for each separate failure to comply with a license or agreement or $25,000 for any 30-day period for all failures to comply.

      Sec. 35.  1.  The director may enter into agreements relating to state land for the purpose of providing areas to dispose of hazardous waste and for related purposes.


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

ê1981 Statutes of Nevada, Page 888 (Chapter 457, AB 196)ê

 

land for the purpose of providing areas to dispose of hazardous waste and for related purposes.

      2.  No agreement may extend for more than 99 years.

      3.  All land used as provided in subsection 1 must be closed to the public, in a manner which the director shall prescribe, during the term of the lease or agreement and thereafter until all danger to public health arising from that use no longer exists.

      4.  Regulations adopted by the commission for the control of disposal sites immediately become part of each agreement entered into pursuant to subsection 1.

      Secs. 36 and 37.  (Deleted by amendment.)

      Sec. 38.  NRS 459.045 is hereby amended to read as follows:

      459.045  The state board of health shall establish by regulation:

      1.  License fees and any other fees for the operation of state-owned areas in an amount sufficient to defray all costs of monitoring, securing or otherwise regulating the storage or disposal of radioactive materials. [and chemical wastes.] The person who contracts with the state for the operation of such an area is responsible for the payment of these fees.

      2.  Procedures for the collection of interest on delinquent fees and other accounts for the operation of disposal areas.

      3.  Penalties of no more than $3,000 per day for each separate failure to comply with an agreement, license, regulation or statute governing the operation of a disposal area.

      4.  License fees and other fees for the use of such an area to store or dispose of radioactive materials, which are chargeable against shippers or brokers in amounts sufficient to defray the costs to the state of inspecting, monitoring, securing or otherwise regulating their use of the area. In addition, the board may establish by regulation a fee chargeable against shippers and brokers for revenue for the State of Nevada. Before establishing a fee for revenue, the board must consider the amounts of the fees for licensing and disposal which are chargeable against the users of such areas in other states, in order that a shipper or broker be neither encouraged nor discouraged from disposing of such waste in this state, and that he base his decision about where to dispose of the waste primarily on the cost of transportation to the areas which are available for disposal. The regulations adopted pursuant to this subsection may include a method for the collection of fees from the users of an area, and each of the fees may be a percentage of the fee paid by a user to the operator of the area. The board shall report to the legislature at the end of January of odd-numbered years the amounts of revenue paid to the state for the use of such areas in the preceding biennium.

      Sec. 39.  NRS 444.490 is hereby amended to read as follows:

      444.490  “Solid waste” means all putrescible and nonputrescible refuse in solid or semisolid form, including, but not limited to, garbage, rubbish, junk vehicles, ashes or incinerator residue, street refuse, dead animals, demolition waste, construction waste, solid or semisolid commercial and industrial waste. [and hazardous waste, including explosives, pathological waste, chemical waste, and herbicide or pesticide waste.] The term does not include hazardous waste managed pursuant to sections 2 and 35, inclusive, of this act.


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

ê1981 Statutes of Nevada, Page 889 (Chapter 457, AB 196)ê

 

      Sec. 40.  Section 4 of chapter 374, Statutes of Nevada 1961, at page 756, as last amended by chapter 116, Statutes of Nevada 1981, is hereby amended to read as follows:

 

       Sec. 4.  1.  The director of the department of human resources may enter into agreements relating to any of the lands described in section 2 of this act for the purpose of providing areas to dispose of low-level radioactive [and hazardous chemical] waste materials by burial, and for related purposes.

       2.  No such agreement may extend for more than 99 years.

       3.  The director of the department of human resources may set off any of the lands described in section 2 of this act to be used by the director of the state department of conservation and natural resources for the disposal of chemical and other hazardous waste materials.

       4.  The director of the state department of conservation and natural resources may enter into agreements relating to any of the lands set off pursuant to subsection 3 for the purpose of providing areas to dispose of chemical and other hazardous waste materials by burial, and for related purposes.

       5.  All lands used as provided in subsection 1 shall be closed to the public, in a manner which the director of the department of human resources shall prescribe, during the term of the lease or agreement and thereafter until all danger to public health arising from such use no longer exists.

       [4.]6.  Regulations adopted by the state board of health for the control of disposal sites immediately become part of each agreement entered into pursuant to subsection 1.

 

      Sec. 41.  Section 4 of chapter 43, Statutes of Nevada 1977, at page 113, is hereby amended to read as follows:

 

       Sec. 4.  1.  The director of the department of human resources is vested with [the entire control,] control of disposal of radioactive waste on behalf of the State of Nevada [of] on the NW 1/4 NE 1/4 and the NE 1/4 NW 1/4 of Section 35, Township 13 South, Range 47 East, M.D.B. & M.

       2.  The director of the state department of conservation and natural resources is vested with control of disposal of hazardous waste other than radioactive waste on behalf of the State of Nevada on that land.

 

      Sec. 42.  This act shall become effective upon passage and approval.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 890ê

 

CHAPTER 458, AB 696

Assembly Bill No. 696–Committee on Ways and Means

CHAPTER 458

AN ACT relating to the board of regents of the University of Nevada; increasing the allowances for subsistence and travel for its members; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

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

      396.070  1.  A member of the board of regents [shall not] is not entitled to receive any compensation for his services.

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

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

      (b) Travel expenses computed at the rate [provided by law for state officers and employees.] of 21 cents per mile traveled.

 

________

 

 

CHAPTER 459, AB 546

Assembly Bill No. 546–Assemblymen Rackley, Redelsperger, DuBois, Foley, Barengo and Sader

CHAPTER 459

AN ACT relating to the supreme court and district courts; entitling retired justices and judges to accumulate credit toward the maximum pension when performing additional judicial duties upon recalls; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  NRS 2.060 is hereby amended to read as follows:

      2.060  1.  Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 20 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to two-thirds the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriations.

      2.  Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 10 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to one-fourth the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.


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

ê1981 Statutes of Nevada, Page 891 (Chapter 459, AB 546)ê

 

or periods aggregating 10 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to one-fourth the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.

      3.  Any justice of the supreme court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 10 years up to a maximum of 20 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.

      4.  Any justice who has retired pursuant to subsection 3 after 16 years or more but less than 20 years of service and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 20 years’ service for the maximum pension based upon the time he actually spends in the additional active service.

      5.  Any person receiving a pension pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired under the public employees’ retirement system.

      [5.]6.  Any justice who desires to resign pursuant to the terms of this section must do so by notice in writing to the governor, and must file forthwith with the state controller and the state treasurer an affidavit setting forth the fact of his resignation, the date and place of his birth, and the years he has served in either or both of the courts above mentioned.

      [6.]7.  Upon such a resignation and filing of the affidavit, the state controller shall draw his warrant, payable to the justice who has thus resigned, upon the state treasurer for the sum due to him, and the state treasurer shall pay the sum out of funds provided by direct legislative appropriation.

      [7.]8.  The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have resigned pursuant hereto.

      Sec. 2.  NRS 3.090 is hereby amended to read as follows:

      3.090  1.  Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 20 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to two-thirds the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriations.

      2.  Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 10 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to one-fourth the sum received as a salary for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.


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

ê1981 Statutes of Nevada, Page 892 (Chapter 459, AB 546)ê

 

for his judicial services during the last year thereof, payable every 2 weeks from money provided by direct legislative appropriation.

      3.  Any judge of the district court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 10 years up to a maximum of 20 years, an additional 4.1666 percent of the sum received as a salary for his judicial services during the last year thereof, payable as provided in subsection 2.

      4.  Any judge who has retired pursuant to subsection 3 after 16 years or more but less than 20 years of service and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 20 years’ service for the maximum pension based upon the time he actually spends in the additional active service.

      5.  Any person receiving a pension pursuant to the provisions of this section is entitled to receive post-retirement increases equal to those provided for persons retired in the public employees’ retirement system.

      [5.]6.  Any judge of the district court who desires to resign pursuant to the terms of this section must do so by notice in writing to the governor, and must file forthwith with the state controller and the state treasurer an affidavit setting forth the fact of his resignation, the date and place of his birth, and the years he has served in either or both of the courts above mentioned.

      [6.]7.  Upon such a resignation and filing of the affidavit, the state controller shall draw his warrant, payable to the judge who has thus resigned, upon the state treasurer for the sum due to him, and the state treasurer shall pay the sum out of funds provided by direct legislative appropriation.

      [7.]8.  The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any judge of the district court who may have resigned pursuant hereto.

 

________

 

 

CHAPTER 460, SB 259

Senate Bill No. 259–Committee on Human Resources and Facilities

CHAPTER 460

AN ACT relating to rights of mentally ill and mentally retarded persons; providing a procedure for review by the mental hygiene and mental retardation advisory board of transfers of such persons from one facility to another who object to the transfer; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  Chapter 433 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Each client admitted for evaluation, treatment or training to a division facility has the following personal rights, a list of which must be prominently posted in all facilities providing such services and must be otherwise brought to the attention of the client by such additional means as the administrator may designate by regulation:

 


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

ê1981 Statutes of Nevada, Page 893 (Chapter 460, SB 259)ê

 

facility has the following personal rights, a list of which must be prominently posted in all facilities providing such services and must be otherwise brought to the attention of the client by such additional means as the administrator may designate by regulation:

      1.  To wear his own clothing, to keep and use his own personal possessions, including his toilet articles, unless those articles may be used to endanger his or others’ lives, and to keep and be allowed to spend a reasonable sum of his own money for expenses and small purchases.

      2.  To have access to individual storage space for his private use.

      3.  To see visitors each day.

      4.  To have reasonable access to telephones, both to make and receive confidential calls.

      5.  To have ready access to letter-writing materials, including stamps, and to mail and receive unopened correspondence, but:

      (a) For the purposes of this subsection, packages are not considered as correspondence; and

      (b) Correspondence identified as containing a check payable to a client may be subject to control and safekeeping by the administrative officer of the division facility or his designee, so long as the client’s treatment record documents the action.

      6.  Other personal rights as specified by regulation of the division.

      Sec. 2.  NRS 433.484 is hereby amended to read as follows:

      433.484  Each client admitted for evaluation, treatment or training to a division facility has the following rights, concerning care, treatment and training, a list of which [shall] must be prominently posted in all facilities providing such services and must be otherwise brought to the attention of the client by such additional means as the administrator may designate by regulation:

      1.  To medical, psychosocial and rehabilitative care, treatment and training including prompt and appropriate medical treatment and care for physical and mental ailments and for the prevention of any illness or disability. All such care, treatment and training [shall] must be consistent with standards of practice of the respective professions in the community and is subject to the following conditions:

      (a) [Prior to] Before instituting a plan of care, treatment or training or carrying out any necessary surgical procedure, express and informed consent [shall] must be obtained in writing from:

             (1) The client if he is 18 years of age or over or legally emancipated and competent to give such consent, and from his legal guardian, if any;

            (2) The parent or guardian of a client under 18 years of age and not legally emancipated; or

            (3) The legal guardian of [an adjudicated incompetent] a client of any age [;] who has been adjudicated mentally incompetent;

      (b) An informed consent requires that the person whose consent is sought be adequately informed as to:

             (1) The nature and consequences of the procedure;

             (2) The reasonable risks, benefits and purposes of [such] the procedure; and

             (3) Alternative procedures available;


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

ê1981 Statutes of Nevada, Page 894 (Chapter 460, SB 259)ê

 

      (c) The consent of a client as provided in paragraph (b) may be withdrawn by the client in writing at any time with or without cause;

      (d) The absence of express and informed consent notwithstanding, a licensed and qualified physician may render emergency medical care or treatment to any client who has been injured in an accident or who is suffering from an acute illness, disease or condition, if within a reasonable degree of medical certainty, delay in initiation of emergency medical care or treatment would endanger the health of the client and if [such] the treatment is immediately entered into the client’s treatment record, but subject to the provisions of paragraph (e);

      (e) If the proposed emergency medical care or treatment is deemed by the medical director to be unusual, experimental or generally occurring infrequently in routine medical practice, the medical director shall request consultation from other physicians or practitioners of healing arts who have knowledge of the proposed care or treatment;

      2.  [To wear his own clothing, to keep and use his own personal possessions, including his toilet articles, unless such articles may be used to endanger his or others’ lives, and to keep and be allowed to spend a reasonable sum of his own money for expenses and small purchases;

      3.  To have access to individual storage space for his private use;

      4.  To see visitors each day;

      5.  To have reasonable access to telephones, both to make and receive confidential calls;

      6.  To have ready access to letter-writing materials, including stamps, and to mail and receive unopened correspondence, but:

      (a) For the purposes of this subsection, packages are not considered as correspondence; and

      (b) Correspondence identified as containing a check payable to a client may be subject to control and safekeeping by the administrative officer of the division facility or his designee, so long as the client’s treatment record documents such action;

      7.]To be free from the application of any mechanical restraint, except that the use of such a restraint may be prescribed by a physician. When so prescribed, the restraint [shall] must be removed whenever the condition justifying its use no longer exists, and any use of a mechanical restraint, together with the reasons therefor, [shall] must be made a part of the client’s treatment record; [and

      8.  To other rights as]3. To consent to his transfer from one facility to another, except that the administrator of the division or his designee may order a transfer to be made whenever conditions concerning care, treatment or training warrant it. If the client in any manner objects to the transfer, the person ordering it must enter the objection and a written justification of the transfer in the client’s treatment record and forthwith forward a notice of the objection to the administrator, and the board shall review the transfer pursuant to subsections 2 and 3 of NRS 433.534; and

      4.  Other rights concerning care, treatment and training as may be specified by regulation of the division.

      Sec. 3.  NRS 433A.420 is hereby amended to read as follows:


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

ê1981 Statutes of Nevada, Page 895 (Chapter 460, SB 259)ê

 

      433A.420  The medical director of a division facility may [authorize] order the transfer to a United States Veterans’ Administration hospital or other facility of the United States Government any admitted client eligible for treatment therein. If the client in any manner objects to the transfer, the medical director of the facility must enter the objection and a written justification of the transfer in the client’s record and forthwith forward a notice of the objection to the administrator, and the board shall review the transfer pursuant to subsections 2 and 3 of NRS 433.534.

      Sec. 4.  NRS 433A.430 is hereby amended to read as follows:

      433A.430  1.  Whenever the administrator determines that [state] division facilities within the state are inadequate for the care of any mentally ill person, he may designate two physicians, licensed under the [provision] provisions of chapter 630 of NRS, and familiar with the field of psychiatry, to examine [such] that person. If the two physicians concur [in] with the opinion of the administrator, the administrator may contract with appropriate corresponding authorities in any other state of the United States having adequate facilities for such purposes, for the reception, detention, care or treatment of [such persons.] that person, but if the person in any manner objects to the transfer, the procedures in subsection 3 of NRS 433.484 and subsections 2 and 3 of NRS 433.534 must be followed. The two physicians so designated [shall receive] are entitled to a reasonable fee for their services based upon rates set by the Nevada industrial commission for similar services, which fee [shall] must be paid by the county of the person’s last-known residence.

      2.  [Moneys] Money to carry out the provisions of this section [shall] must be provided by direct legislative appropriation.

      Sec. 5.  NRS 435.077 is hereby amended to read as follows:

      435.077  1.  The administrator shall establish regulations for the transfer of mentally retarded persons from one facility to another facility operated by the division.

      2.  [Any mentally retarded person committed by court order or voluntarily admitted to a facility operated by the division may be transferred from one facility to another at the discretion of the administrator without court order.

      3.]  Subject to the provisions of subsection [4,] 3, when the associate administrator for mental retardation determines that it is in the best interest of the person, he may discharge, or place on convalescent leave, any mentally retarded person in a facility operated by the division.

      [4.]3.  When a mentally retarded person is committed to a division facility by court order, the committing court [shall] must be given 10 days’ notice [prior to] before the discharge of [such] that person.

      Sec. 6.  NRS 435.350 is hereby amended to read as follows:

      435.350  1.  Each mentally retarded person admitted to a division facility is entitled to all rights enumerated in NRS 433.484 [.] and section 1 of this act.

      2.  The administrator shall designate a person or persons to be responsible for establishment of regulations relating to denial of rights of mentally retarded persons. The person designated shall file [such] the regulations with the administrator.


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

ê1981 Statutes of Nevada, Page 896 (Chapter 460, SB 259)ê

 

      3.  Clients’ rights specified in NRS 433.484 and section 1 of this act may be denied only for cause. Any denial of such rights [shall] must be entered in the client’s treatment record, and notice of such denial [shall] must be forwarded to the administrator’s designee or designees as provided in subsection 2. Failure to report denial of rights by an employee may be grounds for dismissal.

      4.  Upon receipt of notice of a denial of rights as provided in subsection 3, the administrator’s designee or designees shall cause a full report to be prepared which [shall set] sets forth in detail the factual circumstances surrounding such denial. A copy of the report [shall be directed] must be sent to the administrator and the board.

      5.  The board [shall have] has such powers and duties with respect to reports of denial of rights as are enumerated in subsection 3 of NRS 433.534.

      Sec. 7.  NRS 433A.410 is hereby repealed.

 

________

 

 

CHAPTER 461, AB 247

Assembly Bill No. 247–Committee on Taxation

CHAPTER 461

AN ACT relating to alcohol and drug abuse; raising the excise taxes on alcoholic beverages; providing for application of the added tax revenue to services for the prevention and treatment of alcohol abuse and alcoholism; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  Chapter 458 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      All money received by the bureau pursuant to section 3 of this act must be used to increase services for the prevention of alcohol abuse and alcoholism and for the detoxification and rehabilitation of abusers. In allocating the money for the increase of services, the bureau shall give priority to:

      1.  The areas where there exists a shortage of personnel to conduct treatment for alcoholism and alcohol abuse. The bureau must determine the areas of shortage on the basis of data available from state and local agencies, data contained in the comprehensive state plan for alcohol and drug abuse programs, and other appropriate data.

      2.  The needs of counties to provide civil protective custody, pursuant to NRS 458.270, for persons who are found in public places while under the influence of alcohol.

      Sec. 2.  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 account for alcohol and drug abuse in the department of human resources’ gift fund.


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

ê1981 Statutes of Nevada, Page 897 (Chapter 461, AB 247)ê

 

to be known as the state grant and gift account for alcohol and drug abuse in the department of human resources’ gift fund.

      2.  Money in the account which has been received:

      (a) Pursuant to section 3 of this act must be used for the purposes specified in section 1 of this act.

      (b) From any other source 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. 3.  Chapter 369 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Each month, the state controller shall transfer to the account for alcohol and drug abuse in the department of human resources’ gift fund, from the tax on liquor containing more than 22 percent of alcohol by volume, the portion of the tax which exceeds $1.90 per wine gallon.

      Sec. 4.  NRS 369.330 is hereby amended to read as follows:

      369.330  Except as otherwise provided in this chapter, an excise tax is hereby levied and [shall] must be collected respecting all liquor and upon the privilege of importing, possessing, storing or selling liquor, according to the following rates and classifications:

      1.  On liquor containing more than 22 percent of alcohol by volume, [$1.90] $2.05 per wine gallon or proportionate part thereof.

      2.  On liquor containing more than 14 percent up to and including 22 percent of alcohol by volume, 50 cents per wine gallon or proportionate part thereof.

      3.  On liquor containing from one-half of 1 percent up to and including 14 percent of alcohol by volume, 30 cents per wine gallon or proportionate part thereof.

      4.  On all malt beverage liquor brewed or fermented and bottled in or outside this state, 6 cents per gallon.

      Sec. 5.  Section 2 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

________

 

 

CHAPTER 462, AB 662

Assembly Bill No. 662–Committee on Government Affairs

CHAPTER 462

AN ACT relating to the University of Nevada; changing the status of the University of Nevada, Reno, to a branch of the University of Nevada System; removing references to divisions of the system; conferring the power of subpena upon the presidents of community colleges; making administrative changes; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  NRS 396.010 is hereby amended to read as follows:

      396.010  1.  The seat of the state university, as described in section 4 of article XI of the constitution of the State of Nevada, is hereby located at the [City of Reno, Washoe County, State of Nevada, and shall be known as the University of Nevada, Reno.]


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

ê1981 Statutes of Nevada, Page 898 (Chapter 462, AB 662)ê

 

4 of article XI of the constitution of the State of Nevada, is hereby located at the [City of Reno, Washoe County, State of Nevada, and shall be known as the University of Nevada, Reno.] office of the chancellor of the University of Nevada System.

      2.  [A branch] The branches of the University of Nevada [is authorized in Clark County, Nevada, which branch shall be called the University of Nevada, Las Vegas.] are the University of Nevada, Reno, and the University of Nevada, Las Vegas.

      3.  Extension instruction on the collegiate level, research and service activities may be conducted throughout the state.

      Sec. 2.  NRS 396.100 is hereby amended to read as follows:

      396.100  1.  The board of regents shall hold at least four regular meetings in each year, and may hold special meetings at the call of the chairman of the board.

      2.  At all times, the records of all proceedings of the board are open to public inspection except records of a closed meeting which have not become public.

      Sec. 3.  NRS 396.311 is hereby amended to read as follows:

      396.311  The board of regents shall adopt and promulgate regulations establishing a system of probation for the professional employees of the community [college division] colleges of the University of Nevada System. The regulations [shall] must provide for a probationary period of such length as the board deems appropriate.

      Sec. 4.  NRS 396.315 is hereby amended to read as follows:

      396.315  The board of regents shall adopt and promulgate regulations establishing a fair dismissal system for the professional employees of the community [college division] colleges who have completed probation as required by the board pursuant to NRS 396.311. The regulations [shall] must provide that no professional employee who has successfully completed his probationary period is subject to termination or nonrenewal of his contract except for good cause shown. The regulations [shall] must specify what constitutes good cause for such a termination or nonrenewal of contract, and [shall] must include provisions for:

      1.  Adequate notice;

      2.  A hearing to determine whether good cause exists, to be held before an impartial hearing officer or hearing committee selected in a manner provided by the board; and

      3.  Opportunity for review of the decision of [such] the hearing officer or hearing committee,

in any case involving termination or nonrenewal of the contract of a professional employee who has completed probation.

      Sec. 5.  NRS 396.323 is hereby amended to read as follows:

      396.323  1.  The board of regents, the chancellor, and the presidents of the University of Nevada, Las Vegas, [and] the University of Nevada, Reno, the [director of the] desert research institute [and director of the community college division shall] , the Truckee Meadows Community College, the Western Nevada Community College, the Northern Nevada Community College and the Clark County Community College have subpena power in all instances involving disciplinary hearings of members of the university community.


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

ê1981 Statutes of Nevada, Page 899 (Chapter 462, AB 662)ê

 

      2.  Such persons may issue subpenas requiring the attendance of witnesses before them together with all books, memoranda, papers and other documents relative to the matters under investigation or to be heard, administer oaths and take testimony thereunder.

      3.  The district court in and for the county in which any hearing is being conducted by any of the persons named in subsection 1 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 person holding the hearing.

      4.  In case of the refusal of any witness to attend or testify or produce any papers required by such subpena, the person holding the hearing 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 chapter;

      (c) That the witness has failed and refused to attend or produce the papers required by subpena before the person holding the hearing named in the subpena, or has refused to answer questions propounded to him in the course of such a hearing,

and asking an order of the court compelling the witness to attend and testify or produce the books or papers before such a person.

      5.  The court, upon petition of the person holding the hearing, 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 person holding the hearing. 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 person holding the hearing, the court shall thereupon enter an order that the witness appear before [such] the person 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 be dealt with as for contempt of court.

      Sec. 6.  NRS 396.383 is hereby amended to read as follows:

      396.383  1.  The University of Nevada System accounts payable revolving fund is hereby created. The board of regents may deposit the [moneys] money of [such] the fund in any state or national bank or banks in the State of Nevada.

      2.  The chief business officer of each [division] business center of the University of Nevada System [who is so authorized by the board of regents] shall:

      (a) Pay from [such] the fund such operating expenses of the university as the board of regents may by rule prescribe.

      (b) Submit claims to the state board of examiners for [moneys] money of the University of Nevada System on deposit in the state treasury or elsewhere to replace [moneys] money paid from the University of Nevada System accounts payable revolving fund.

      Sec. 7.  NRS 396.385 is hereby amended to read as follows:


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

ê1981 Statutes of Nevada, Page 900 (Chapter 462, AB 662)ê

 

      396.385  The board of regents of the University of Nevada may authorize the chief business officer of each [division] business center of the University of Nevada System to use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity may arise, subject to the following conditions:

      1.  [That the] The mechanical device [shall] must be of such a nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.

      2.  [That] The use of the facsimile signature [shall] may be made only under the direction and supervision of the chief business officer of the [division.] business center.

      3.  [That the] The registered key to the mechanical device [shall at all times] must be kept in a vault [.] at all times when the key is not in use.

      Sec. 8.  NRS 396.591 is hereby amended to read as follows:

      396.591  The University of Nevada, Reno, and the University of Nevada, Las Vegas, [and the community college division of the University of Nevada System] may each elect to insure members of varsity and freshman athletic teams representing the respective campuses for unlimited medical coverage for injuries incurred while the members of [such] the teams are engaged in organized practice or actual competition or any activity related thereto. Such insurance may be obtained from a private carrier or from the Nevada industrial commission.

      Sec. 9.  NRS 396.795 is hereby amended to read as follows:

      396.795  To contribute more effectively to the security of the nation and to promote the general welfare of the State of Nevada and its citizens through the development of educational and scientific research, the board of regents of the University of Nevada [is authorized to establish an] may establish for educational and scientific research [division] an institution of the university [,] to be known as the desert research institute.

      Sec. 10.  NRS 396.7953 is hereby amended to read as follows:

      396.7953  1.  The board of regents may devise and establish personnel policies and procedures in connection with the operation of contractual or sponsored research activities of the institute, [separate and] apart from those personnel policies and procedures which are established for the professional personnel of other [colleges and divisions] institutions of the university.

      2.  In devising and establishing such personnel policies and procedures, the board of regents [shall] is not [be] bound by any of the other provisions of this chapter or the provisions of Title 23 of NRS, and none of [the other provisions of this chapter or the provisions of Title 23 of NRS shall be] those provisions are applicable to any person employed in connection with the operation of contractual or sponsored research activities of the institute except as may be prescribed by the board of regents.

      Sec. 11.  NRS 396.7955 is hereby amended to read as follows:

      396.7955  1.  The board of regents shall devise and establish fiscal policies and procedures in connection with the operation of contractual or sponsored research activities of the institute, [separate and] apart from those fiscal policies and procedures which are applicable to other [colleges and divisions] institutions of the university.


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

ê1981 Statutes of Nevada, Page 901 (Chapter 462, AB 662)ê

 

      2.  None of the other provisions of this chapter or the provisions of Titles 23 or 31 of NRS or any other statute relating to public officers and employees or public financial administration [shall apply] applies to the receipt, investment, management, disbursement, use, expenditure or accounting for any [moneys] money or property received by the board of regents pursuant to NRS 396.7952, except as provided in subsection 4 of NRS 396.7952.

      3.  Any funds received by or made available to the board of regents for the desert research institute by the State of Nevada, whether pursuant to direct legislative appropriations or otherwise, [shall be] are subject to all laws relating to public funds and expenditures.

 

________

 

 

CHAPTER 463, SB 87

Senate Bill No. 87–Senators Jacobsen, Getto and Neal

CHAPTER 463

AN ACT relating to nuclear affairs; regulating the disposal of byproduct material; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2.  The legislature finds that tailings from active and inactive uranium and thorium mills pose a potential hazard from radiation to the health of persons in this state. It is essential for this state to regulate the activities of such mills to:

      1.  Assure that every reasonable effort is made to provide for the stabilization, disposal and control of such tailings in a safe and environmentally sound manner.

      2.  Minimize or prevent the diffusion of radon and other environmental hazards from such tailings.

      3.  Reduce to the greatest extent practicable the need for long-term treatment and surveillance of such tailings.

      Sec. 3.  Before granting a license for the processing or extraction of ores primarily for obtaining their content of source material and disposing of byproduct material, the state board of health shall:

      1.  Hold a hearing.

      2.  Provide a written analysis of the effect of the activity on the environment which must include:

      (a) An assessment of the radiological and nonradiological effects on the public health;

      (b) An assessment of any effect on any waterway and groundwater;

      (c) A summary of any alternatives to the activity being considered; and

      (d) A summary of the long-term effect of the activity.

      Sec. 4.  Any specific license issued or renewed after July 1, 1981, for any activity which results in the production of byproduct material must contain the terms and conditions determined by the state board of health to be necessary to assure that before the termination of the activity:

 


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

ê1981 Statutes of Nevada, Page 902 (Chapter 463, SB 87)ê

 

contain the terms and conditions determined by the state board of health to be necessary to assure that before the termination of the activity:

      1.  The licensee will comply with the standards for decontamination, decommission and reclamation prescribed by the state board of health, which must be as stringent as those standards set by the U.S. Nuclear Regulatory Commission, or its successor agency, for sites:

      (a) At which ores were processed primarily for their content of uranium or thorium; and

      (b) At which byproduct material is deposited.

      2.  Ownership of any disposal site and the byproduct material which resulted from the licensed activity will, upon termination of the license and subject to the provisions of section 5 of this act, be transferred to the United States or to the State of Nevada if the State of Nevada exercises the option to acquire them.

      3.  If ownership of the disposal site and the byproduct material which resulted from the licensed activity is transferred to the United States upon termination of the state license, the money collected by the state from the licensee for long-term surveillance and maintenance of the site must be paid to the United States.

      Sec. 5.  1.  Before the termination of activity licensed under section 4 of this act, title to any disposal site and to the byproduct material which resulted from the activity, including any interests therein other than land:

      (a) Held in trust by the United States for any Indian tribe;

      (b) Owned by an Indian tribe subject to a restriction against alienation imposed by the United States; or

      (c) Owned by the United States or by the State of Nevada which is used for the disposal of byproduct material,

must be transferred to the United States or to the State of Nevada unless the Nuclear Regulatory Commission or its successor agency determines, before the termination of the activity, that transfer of title is not necessary to protect the public health, safety or welfare of the persons of the state or to minimize any danger to life or property.

      2.  If title is transferred to the State of Nevada, the state land registrar shall assign the land for administration to the state board of health, which shall maintain the byproduct material and land in such a manner as will protect the public health and safety, and the environment.

      3.  The state board of health may periodically examine, treat and rehabilitate the land containing byproduct material which has been placed in its custody.

      4.  The transfer of title does not relieve any licensee of liability for any fraudulent or negligent acts done before the transfer.

      5.  Except for costs of administration and the legal fees of the transferee, the byproduct material and land transferred to the United States or to the State of Nevada must be transferred without cost to the transferee.

      Sec. 6.  It is unlawful for any person to construct a facility for the processing of ore for uranium or thorium or to dispose of byproduct material without a license.

      Sec. 7.  The state board of health may require persons who are exempt from licensing to monitor or perform remedial work with respect to byproduct material or uranium or thorium on their property and to obey such other regulations as the board deems necessary to protect health or minimize danger to life or property.


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

ê1981 Statutes of Nevada, Page 903 (Chapter 463, SB 87)ê

 

to byproduct material or uranium or thorium on their property and to obey such other regulations as the board deems necessary to protect health or minimize danger to life or property.

      Sec. 8.  Management of byproduct material must conform to the applicable standards of the Nuclear Regulatory Commission which are in effect on July 1, 1981.

 

________

 

 

CHAPTER 464, AB 202

Assembly Bill No. 202–Committee on Judiciary

CHAPTER 464

AN ACT relating to crimes; increasing the penalty for certain assaults; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  NRS 200.400 is hereby amended to read as follows:

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

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

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

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

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

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

      Sec. 2.  NRS 200.471 is hereby amended to read as follows:

      200.471  1.  As used in this section, “assault” means an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

      2.  Any person convicted of an assault under circumstances to which subsection 2 of NRS 200.400 does not apply shall be punished:

      (a) If the assault is not made with use of a deadly weapon, or the present ability to use a deadly weapon, for a misdemeanor.

      (b) If the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, [for a gross misdemeanor.]


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

ê1981 Statutes of Nevada, Page 904 (Chapter 464, AB 202)ê

 

present ability to use a deadly weapon, [for a gross misdemeanor.] 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.

 

________

 

 

CHAPTER 465, SB 556

Senate Bill No. 556–Committee on Commerce and Labor

CHAPTER 465

AN ACT relating to industrial insurance; requiring an increase in the number of risk classifications and a corresponding adjustment of the premium rates; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  The Nevada industrial commission shall redefine and increase the number of risk classifications in its rating system for employers who contribute to the state insurance fund and adjust the premium rates of those employers to make the amounts of the premiums commensurate with the risk of injury or death to the employees of the employer.

      Sec. 2.  The Nevada industrial commission shall prepare and present to the 62d session of the legislature a report containing an evaluation of the results of the revisions made in the rating system as required by section 1 of this act.

      Sec. 3.  This act expires by limitation on July 1, 1983.

 

________

 

 

CHAPTER 466, SB 600

Senate Bill No. 600–Senator Wagner

CHAPTER 466

AN ACT relating to Protestant Episcopal churches; revising the provisions governing the incorporation of those churches; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  NRS 82.300 is hereby amended to read as follows:

      82.300  The corporate name and style of any church or religious congregation in communion with the Protestant Episcopal Church [,] in the United States of America, also known as the Episcopal Church, incorporated under NRS 82.300 to 82.390, inclusive, [shall be] is “The Rector, Church Wardens, and [Vestrymen] Vestry of ..................................... Church, in ....................................... ”


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

ê1981 Statutes of Nevada, Page 905 (Chapter 466, SB 600)ê

 

      Sec. 2.  NRS 82.310 is hereby amended to read as follows:

      82.310  1.  All persons [over the age of 18 years,] of any church or congregation in communion with the Protestant Episcopal Church in the United States of America in this state, who:

      (a) [Shall have belonged to such church or congregation for the last 6 months preceding the election herein described; and

      (b) Shall have been baptized in the Episcopal Church; or who shall have been received therein, either by the rite of confirmation, or by receiving the holy communion, or by purchasing or hiring a pew or seat in the church, or by some joint act of the parties and of the rector whereby they shall have attached themselves to the Protestant Episcopal Church; and

      (c)]Meet the qualifications set forth in the constitution and canons of the church; and

      (b) Are not already incorporated,

may meet at any time for the purpose of incorporating themselves under the provisions of NRS 82.300 to 82.390, inclusive.

      2.  At [such] that meeting [, by a majority of voices, there shall be elected 2] they shall elect two church wardens and not [less] fewer than [3] three nor more than 12 [vestrymen; and there shall be determined upon what day of the week called Easter Week the officers, called church wardens and vestrymen, shall annually thereafter cease to hold office and their successors in office be chosen.

      3.  Notice of the first election must be given, during the time of morning service, on 2 Sundays previous thereto by the rector, or if there be none or he be necessarily absent, then by any other person belonging to such church or congregation.

      4.] members of the vestry.

      3.  The rector, or if there [be] is none or he [be] is necessarily absent, [then] any other person called to the chair, shall preside at [such] the first election, and, together with two other persons duly selected, shall make a certificate: [, under their hands and seals:]

      (a) Of the church wardens and [vestrymen] members of the vestry so elected; and

      (b) [Of the day of Easter Week so fixed upon for the annual election of their successors; and

      (c)] Of the name or title by which such a church or congregation [shall] is to be known in law.

      5.  The certificate, after being duly acknowledged and proved by one or more of the subscribing witnesses before the judge of any court of competent jurisdiction in the county where [such] the church or place of worship of [such] the congregation [shall be] is situated, [shall] must be recorded in the office of the recorder of [such] that county.

      [6.  Nothing in NRS 82.300 to 82.390, inclusive, shall be held to exclude women, qualified as in subsection 1, from serving as members of the vestry; but not more than one-half of the membership of the vestry may be women.]

      Sec. 3.  NRS 82.330 is hereby amended to read as follows:

      82.330  1.  Persons having the qualifications designated in NRS 82.310 shall, in every year after the first election, [on the day in Easter Week fixed for such purpose,] elect the [church wardens and vestrymen.]


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

ê1981 Statutes of Nevada, Page 906 (Chapter 466, SB 600)ê

 

Week fixed for such purpose,] elect the [church wardens and vestrymen.] members of the vestry.

      2.  Whenever [any vacancy shall happen] a vacancy occurs before the stated annual election [, either by death or otherwise,] among the church wardens or [vestrymen,] members of the vestry, the trustees may appoint a time for holding an election to fill [such] the vacancy. [Notice of the time for holding the election shall be given in the time of divine services at least 10 days previously thereto, and such election, as well as the stated annual election, shall always be held immediately after the morning service of the church.

      3.  At all such elections the rector, or if there be none or he be absent, one of the church wardens or vestrymen, shall:

      (a) Preside and receive the votes of the electors.

      (b) Be the returning officer.

      (c) Enter the proceedings of the election in the minute book of the vestry and sign his name thereto.

      (d) Offer the entry in the minute book to as many of the electors present as he shall deem proper to be signed and certified to by them.

      4.]3.  The church wardens and [vestrymen] members of the vestry chosen at any of the elections shall:

      (a) Hold their offices until the expiration of the [year] term for which they [shall] have been elected or chosen, and until others [shall be] are elected in their stead.

      (b) Have power to call and induct a rector to [such] the church or congregation [as often as there shall be a vacancy therein.

      5.  A majority of the whole number of trustees, one at least of whom shall be a church warden, shall form a board for the transaction of business, and every decision of a majority of the persons duly assembled as a board shall be valid as a corporate act.

      6.  At all meetings of the board, the rector, if there be one and he be present, and if there be not or he be absent, then a church warden shall preside, and have a casting vote.

      7.  No special meeting of the board other than a regular monthly meeting, which may be provided for by standing resolution, shall be held, unless at least 3 days’ notice thereof shall be given in writing under the hand of the rector or one of the church wardens. At any special meeting no board shall be competent to transact any business unless the rector, if there be one, is present.] pursuant to the canons of the church when there is a vacancy in that office.

      Sec. 4.  NRS 82.390 is hereby amended to read as follows:

      82.390  Any church or congregation [,] organized by the election of a vestry before December 19, 1862, may avail itself of the provisions of NRS 82.300 to 82.390, inclusive, by filing with the county clerk a certificate, setting forth its corporate name, the names of its church wardens and [vestrymen, the day in Easter Week on which all future elections shall be held,] members of its vestry and by complying with the conditions specified in NRS 82.310 [in the matter of elections hereafter to be held.] for elections.

      Sec. 5.  NRS 82.340, 82.350 and 82.370 are hereby repealed.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 907ê

 

CHAPTER 467, AB 592

Assembly Bill No. 592–Committee on Commerce

CHAPTER 467

AN ACT relating to group health insurance; requiring certain coverages among the insured’s choice of types of policies upon conversion of group policy to individual policy; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  NRS 689B.150 is hereby amended to read as follows:

      689B.150  1.  A person who is entitled to a converted policy must be given his choice of at least three types of policies offering benefits on an expense-incurred basis.

      2.  [The converted policy may] At least one choice among the three types of policies must include major medical or catastrophic benefits if they were provided under the group policy.

      3.  For those insureds eligible for Medicare, the insurer may provide a supplement to Medicare as the converted policy.

 

________

 

 

CHAPTER 468, AB 602

Assembly Bill No. 602–Committee on Commerce

CHAPTER 468

AN ACT making an appropriation to the insurance division of the department of commerce for an automated system of information on premium taxes from surplus lines insurers.

 

[Approved June 2, 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 insurance division of the department of commerce for the establishment and operation of an automated system to examine information regarding the premium tax paid by surplus lines insurers:

 

For the fiscal year 1981–82......................................................................... $11,261

For the fiscal year 1982–83.........................................................................    17,569

 

      Sec. 2.  Any remaining balances of the appropriation made by section 1 of this act must not be committed for expenditure after June 30 of the respective fiscal years, and the balances revert to the state general fund as soon as all payments of money committed have been made.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 908ê

 

CHAPTER 469, AB 652

Assembly Bill No. 652–Committee on Elections

CHAPTER 469

AN ACT relating to elections; increasing the permissible rental fee for polling places; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  NRS 293.437 is hereby amended to read as follows:

      293.437  1.  The county clerk may designate any building, [or buildings,] public or otherwise, or any portion of [such] a building, [or buildings,] as the site [or sites] for any polling place or any number of polling places for any or all of the precincts or districts in the county.

      2.  If, in the opinion of the county clerk, the convenience and comfort of the voters and election officials will be best served by putting two or more polling places in any such building, [or buildings,] or if, in the opinion of the county clerk, the expense to the county for polling places can be diminished by putting two or more polling places in any such building, [or buildings,] he may so provide.

      3.  In precincts where there are no public buildings or other appropriate locations owned by the state, county, township, city, town or precinct, privately owned locations may be rented at a rate not to exceed [$15] $35 for each election if only one precinct is involved and at a rate not to exceed [$25] $50 for each election if more than one precinct is involved.

 

________

 

 

CHAPTER 470, AB 667

Assembly Bill No. 667–Committee on Commerce

CHAPTER 470

AN ACT relating to confectioneries; revising the definition of “adulteration”; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  NRS 585.330 is hereby amended to read as follows:

      585.330  1.  A food shall be deemed to be adulterated if it is confectionery and it bears or contains any [alcohol or] nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of 1 percent, harmless natural wax not in excess of four-tenths of 1 percent, harmless natural gum, and pectin.

      2.  This section [shall] does not apply to any confectionery by reason of its containing less than [one-half of one percent by volume of alcohol derived solely from the use of flavoring extracts,] 4 percent alcohol by weight, or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances.


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

ê1981 Statutes of Nevada, Page 909 (Chapter 470, AB 667)ê

 

alcohol derived solely from the use of flavoring extracts,] 4 percent alcohol by weight, or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances.

 

________

 

 

CHAPTER 471, AB 680

Assembly Bill No. 680–Committee on Ways and Means

CHAPTER 471

AN ACT relating to sales and use tax; requiring quarterly collection from smaller taxpayers; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  NRS 372.380 is hereby amended to read as follows:

      372.380  1.  The reporting and payment period of a taxpayer whose taxable sales do not exceed $10,000 per month is a calendar quarter.

      2.  The department, if it deems this action necessary in order to insure payment to or facilitate the collection by the state of the amount of taxes, may require returns and payment of the amount of taxes for periods other than calendar months [,] or quarters, depending upon the principal place of business of the seller, retailer or purchaser, as the case may be, or for other than monthly or quarterly periods.

      Sec. 2.  NRS 372.510 is hereby amended to read as follows:

      372.510  1.  The department, whenever it deems it necessary to insure compliance with this chapter, may require any person subject to the chapter to place with it such security as the department may determine. The department shall fix the amount of the security which, except as noted below, may not be greater than twice the estimated average liability of persons filing returns for quarterly periods or three times the estimated average liability of persons filing returns for monthly periods, determined in such manner as the department deems proper, or $10,000, whichever amount is the lesser.

      2.  In the case of persons who are habitually delinquent in their obligations under this chapter, the amount of the security may not be greater than three times the average liability of persons filing returns for quarterly periods or five times the average liability of persons filing returns for monthly periods, or $10,000, whichever amount is the lesser.

      3.  The limitations provided in this section apply regardless of the type of security placed with the department.

      4.  The amount of the security may be increased or decreased by the department subject to the limitations provided in this section.

      5.  The department may sell the security at public auction if it becomes necessary to recover any tax or any amount required to be collected, interest or penalty due. Notice of the sale may be served upon the person who placed the security personally or by mail; if by mail, service must be made in the manner prescribed for service of a notice of a deficiency determination and must be addressed to the person at his address as it appears in the records of the department.


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

ê1981 Statutes of Nevada, Page 910 (Chapter 471, AB 680)ê

 

must be made in the manner prescribed for service of a notice of a deficiency determination and must be addressed to the person at his address as it appears in the records of the department. Security in the form of a bearer bond issued by the United States or the State of Nevada which has a prevailing market price may be sold by the department at a private sale at a price not lower than the prevailing market price.

      6.  Upon any sale any surplus above the amounts due must be returned to the person who placed the security.

      Sec. 3.  NRS 374.385 is hereby amended to read as follows:

      374.385  1.  The reporting and payment period of a taxpayer whose taxable sales do not exceed $10,000 per month is a calendar quarter.

      2.  The department, if it deems this action necessary in order to insure payment to or facilitate the collection by the county of the amount of taxes, may require returns and payment of the amount of taxes for periods other than calendar months [,] or quarters, depending upon the principal place of business of the seller, retailer or purchaser as the case may be, or for other than monthly or quarterly periods.

      Sec. 4.  NRS 374.515 is hereby amended to read as follows:

      374.515  1.  The department, whenever it deems it necessary to insure compliance with this chapter, may require any person subject to the chapter to place with it such security as the department may determine. The amount of the security must be fixed by the department but, except as noted below, may not be greater than twice the estimated average liability of persons filing returns for quarterly periods or three times the estimated average liability of persons filing returns for monthly periods, determined in such manner as the department deems proper, or $5,000, whichever amount is the lesser.

      2.  In case of persons habitually delinquent in their obligations under this chapter, the amount of the security must not be greater than three times the average liability of persons filing returns for quarterly periods or five times the average liability of persons filing returns for monthly periods, or $5,000, whichever amount is the lesser.

      3.  The limitations provided in this section apply regardless of the type of security placed with the department.

      4.  The amount of the security may be increased or decreased by the department subject to the limitations in this section.

      5.  The department may sell the security at public auction if it becomes necessary to recover any tax or any amount required to be collected, interest or penalty due. Notice of the sale may be served upon the person who placed the security personally or by mail; if by mail, service must be made in the manner prescribed for service of a notice of a deficiency determination and must be addressed to the person at his address as it appears in the records of the department. Security in the form of a bearer bond issued by the United States or the State of Nevada which has a prevailing market price may be sold by the department at a private sale at a price not lower than the prevailing market price.

      6.  Upon any sale any surplus above the amounts due must be returned to the person who placed the security.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 911ê

 

CHAPTER 472, AB 649

Assembly Bill No. 649–Committee on Ways and Means

CHAPTER 472

AN ACT relating to state lands; directing the state land registrar to transfer certain real property to the University of Nevada; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  The state land registrar shall convey, without consideration, to the board of regents of the University of Nevada those parcels of real property described as follows:

      1.  That portion of the S 1/2 of section 35, all in T. 20 N., R. 19 E., M.D.B. & M., more particularly described as follows:

      Commencing at the S 1/4 corner of section 35 in an easterly direction along said section line a distance of 1298.73 feet to the true point of beginning; thence northerly a distance of 512.01 feet; thence in a northeasterly direction paralleling Valley Road a distance of 106.53 feet; thence southerly a distance of 597.62 feet to a point on the south line of section 35; thence westerly along said section line a distance of 90.26 feet to the true point of beginning.

      2.  That portion of the S 1/2 of section 35, all in T. 20 N., R. 19 E., M.D.B. & M., more particularly described as follows:

      Commencing at the W 1/4 corner of section 35; thence south 37º52′58″ east a distance of 2647.55 feet to the true point of beginning; thence north 0º49′53″ west a distance of 68.01 feet; thence north 81º16′02″ east a distance of 423.92 feet; thence north 80º36′02″ east a distance of 308.31 feet; thence south 0º19′55″ west a distance of 293.77 feet; thence north 85º19′50″ west a distance of 200.00 feet; thence south 86º26′10″ west a distance of 110.51 feet; thence south 76º16′10″ west a distance of 267.60 feet; thence north 1º11′50″ west a distance of 162.12 feet; thence north 88º59′50″ west a distance of 150.59 feet to the true point of beginning.

 

________

 

 

CHAPTER 473, SB 511

Senate Bill No. 511–Committee on Government Affairs

CHAPTER 473

AN ACT relating to the Colorado River resources; revising provisions on the powers and duties of the administrator of the division of Colorado River resources in the department of energy; providing exceptions to the requirement of the governor’s approval for certain transactions; making procedural changes; broadening the purposes and incidents of the administrator’s permissible undertakings with the United States; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  NRS 538.161 is hereby amended to read as follows:

      538.161  The [duties of the] administrator shall [be:


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

ê1981 Statutes of Nevada, Page 912 (Chapter 473, SB 511)ê

 

      1.  To collect] :

      1.  Collect and arrange all data and information connected with the Colorado River and its tributaries which may affect or be of interest to the State of Nevada.

      2.  [To represent] Represent and act for the State of Nevada in the negotiation and execution of contracts, leases or agreements for the use, exchange, [and] purchase or transmission of power from any source [and for participation in electrical generating and power transmission capability,] , or for the planning, development or ownership of facilities for the generation and transmission of electricity, both within and outside [of] the State of Nevada, for [maximum] the greatest possible benefit to the State of Nevada, and [to present the same] present such contracts, leases or agreements through the director to the governor for his information and approval. The administrator may contract for the supply of electric energy to any corporation or cooperative created under the laws of the State of Nevada that is being operated principally for service to Nevada citizens and may be serving incidental energy to citizens of other states contiguous to its service area in the State of Nevada. If such a corporation or cooperative so requests, the administrator may contract to supply electric energy directly for the corporation or cooperative.

      3.  [To represent] Represent the State of Nevada in such interstate or other conferences or conventions as may be called for the consideration of the development of reclamation and power projects connected with the Colorado River or its tributaries, or in connection with Hoover Dam or other federally operated dams.

      4.  [To render] Render the friendly cooperation of the State of Nevada to such constructive enterprises as look to the conservation of the waters of the Colorado River and its tributaries and the development of power thereon.

      5.  [To render] Render friendly cooperation to, [and to] negotiate with [, cooperate with,] and invite industries [for the purpose of establishing the same] to locate within the State of Nevada.

      6.  [To negotiate] Negotiate with the representatives of other states and the United States in an endeavor to settle equitably and define the rights of the states and of the United States in the water of the Colorado River and its tributaries.

      7.  [To make] Make and enter into agreements, compacts or treaties between the State of Nevada and the States of Arizona, California, Colorado, New Mexico, Utah, Washington, Oregon, Idaho and Wyoming, either jointly or severally, which agreements, compacts or treaties, however, will not become binding upon the State of Nevada until ratified and approved by the legislature and the governor of the State of Nevada.

      8.  [To report] Report through the director to the governor such measures and legislative action as may be deemed necessary to secure to the people of Nevada all possible benefits from the water of the Colorado River allocated to or contracted by the State of Nevada and the power allocated to or contracted by the State of Nevada to be generated at Hoover Dam or elsewhere within the Colorado River stream system or from any power development in the western United States for [maximum] the greatest possible benefit to the State of Nevada.


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ê1981 Statutes of Nevada, Page 913 (Chapter 473, SB 511)ê

 

      9.  [To cooperate with and] Cooperate with other states or federal agencies to establish, conduct and maintain [, in conjunction with other states or federal agencies,] power, water and irrigation projects.

      Sec. 2.  NRS 538.181 is hereby amended to read as follows:

      538.181  1.  The division shall hold and administer all rights and benefits pertaining to the distribution of the power and water mentioned in NRS 538.041 to 538.251, inclusive, for the State of Nevada, and [is empowered to] may lease, sublease, let, sublet, contract, exchange or sell the [same] power and water, including the transmission and other distribution services, on such terms as the administrator [shall determine.] determines.

      2.  Every applicant, except a federal or state agency or political subdivision, for power or water to be used within the State of Nevada [shall,] must, before the application is approved, provide an indemnify-bond by a corporation qualified under the laws of this state, or other collateral, approved by the state board of examiners, payable to the State of Nevada in such sum and in such manner as the administrator may require, conditioned for the full and faithful performance of [such] the lease, sublease, contract or other agreement.

      3.  The power and water [shall] must not be sold for less than the actual cost to the State of Nevada.

      4.  [Before] Except as otherwise provided in subsection 5, before any such sale or lease is made, [the same shall] a notice of it must be advertised in two papers of general circulation published in the State of Nevada for a period of once a week for 2 weeks; and the administrator shall require any person desiring to make objection thereto to file the objection with the division within 10 days after the date of the last publication of the notice. If any objection is filed pursuant to such a notice, [then] the administrator shall set a time and place for a hearing of the objection not more than 30 days after the date of the last publication of the notice.

      5.  [Any] The provisions of subsection 4 do not apply to:

      (a) Any contract by the administrator to sell supplemental power to a holder of a long-term firm contract with the state for power if the supplemental power is procured by the division from a prearranged source and is secured by the holder for his own use; or

      (b) Any agreement by the administrator to sell short-term or interruptible power on short notice for immediate acceptance to a holder of a long-term firm contract with the state for power who can take delivery of the short-term or interruptible power when it is available.

      6.  Except as otherwise provided in subsection 2 of NRS 538.251, any such lease, sublease, contract or sale, either of the water or power [mentioned in NRS 538.041 to 538.251, inclusive, shall] does not become binding upon the State of Nevada until ratified and approved by the governor and, where required by the provisions of subsection 2 of NRS 538.211, until approved by the United States.

      [6.]7.  Notwithstanding any provision of chapter 704 of NRS, any purchase of power or water for distribution or exchange, and any subsequent distribution or exchange of such power or water by the administrator [pursuant to the provisions of NRS 538.041 to 538.251, inclusive, shall not be] is not subject to regulation by the public service commission of Nevada.


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ê1981 Statutes of Nevada, Page 914 (Chapter 473, SB 511)ê

 

shall not be] is not subject to regulation by the public service commission of Nevada.

      Sec. 3.  NRS 538.211 is hereby amended to read as follows:

      538.211  1.  Notwithstanding anything in NRS 538.041 to 538.251, inclusive, to the contrary, the administrator may request, on behalf of the State of Nevada, from the Secretary of the Interior of the United States the installation of water service facilities [and] or electrical generating machinery, [and] equipment or transmission facilities, or [water service facilities or electrical generating machinery and equipment] any combination thereof, as the administrator [in his discretion may deem] deems necessary or convenient to meet and serve the future water and power demands and requirements of the State of Nevada, and he shall negotiate for, [and] obtain, [and] enter into and execute [and] or cause to be executed such contracts, documents and instruments as are appropriate and requisite to carry [such] the requests into effect.

      2.  In the contracts, documents and instruments referred to in subsection 1, the administrator may:

      (a) Obligate the State of Nevada to repay the cost of water service facilities constructed by the United States;

      (b) Obligate the division to operate and maintain water service facilities constructed by the United States;

      (c) Sell Colorado River water, at wholesale, and deliver it through water service facilities constructed by the United States under contracts to be approved by the United States and upon charges which will yield to the division revenues sufficient to repay the costs of such facilities and their operation and maintenance and, in addition, the cost of the water;

      (d) Require each purchaser of Colorado River water from the division to exercise such powers as [such] the purchaser may possess to levy and collect taxes or assessments for the purposes of meeting the charges payable to the division; and

      (e) Agree to institute in the eighth judicial district court of the State of Nevada, and to prosecute to final judgment, including appellate review, proceedings to determine the validity of any contract or other obligation entered into with the United States under the provisions of subsection 1. Jurisdiction is hereby conferred upon [such] that court, and generally upon each of the district courts of the State of Nevada, to conduct proceedings for [such] that purpose as in the ordinary case of the judicial determination of proceedings, contracts, bonds and obligations of water conservancy districts as provided in NRS 541.380 to 541.420, inclusive. Such proceedings may be initiated by and in the name of the administrator.

      3.  In the event of the installation of any water service facilities [and] or electrical generating machinery, [and] equipment or transmission facilities, or [water service facilities or electrical generating machinery and equipment] any combination thereof, pursuant to a request therefor by the administrator, the faith and credit of the State of Nevada hereby is [and shall be] irrevocably pledged for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of this state, in any contract heretofore or hereafter entered into with the United States of America.


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ê1981 Statutes of Nevada, Page 915 (Chapter 473, SB 511)ê

 

      4.  If the State of Nevada must purchase or otherwise acquire property, or compensate for damage to property, for use in the transmission and distribution of electrical energy resulting from an increase of the state’s allocation of energy and power from Hoover Dam, the faith and credit of the State of Nevada hereby is irrevocably pledged for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of the state, in any contract entered into before, on or after July 1, 1981, pursuant to this section.

      Sec. 4.  NRS 538.251 is hereby amended to read as follows:

      538.251  [Any and] 1.  Except as provided in subsection 2, all contracts entered into by the administrator pertaining to the water of the Colorado River belonging or allotted to or contracted by the State of Nevada and the electrical power developed at Hoover Dam or elsewhere on the Colorado River, or contracts entered into pertaining to [power and water or] power or water, or both, belonging, allotted to or contracted by the State of Nevada [from other entities shall not be] , or for planning, development or ownership of facilities for the generation and transmission of electricity are not binding upon the State of Nevada until approved by the governor.

      2.  An agreement by the administrator to sell short-term or interruptible power on short notice for immediate acceptance to a holder of a long-term firm contract with the state for power who can take delivery of the short-term or interruptible power when it is available does not need the approval of the governor to be binding upon the state.

 

________

 

 

CHAPTER 474, AB 428

Assembly Bill No. 428–Assemblymen Redelsperger, Dini, Rackley, Polish, Schofield, Jeffrey, Rhoads, Mello and DuBois

CHAPTER 474

AN ACT relating to underground water; establishing priorities among certain applicants to appropriate water; altering the method of establishing and dissolving ground water boards; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  Chapter 533 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      When two or more applications are made to appropriate underground water for irrigating purposes from what appears to the state engineer to be the same basin he shall observe the following order of priority in acting upon them, according to the status of the applicant and the intended place of use:

      1.  An owner of land for use on that land.

      2.  An owner of land for use on adjacent land for which he intends to file an application under the Carey Act or the Desert Land Entry Act, 43 U.S.C.


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ê1981 Statutes of Nevada, Page 916 (Chapter 474, AB 428)ê

 

file an application under the Carey Act or the Desert Land Entry Act, 43 U.S.C. §§ 321, et seq.

      3.  Any other person whose application is preparatory to proceeding under the Carey Act or the Desert Land Entry Act.

      Sec. 2.  NRS 534.030 is hereby amended to read as follows:

      534.030  1.  Upon receipt by the state engineer of a petition requesting him to administer the provisions of this chapter as relating to designated areas, signed by not less than 40 percent of the appropriators of record in the office of the state engineer, in any particular basin or portion therein, [having a legal right to appropriate underground water therefrom,] he shall:

      (a) Cause to be made the necessary investigations to determine if such administration would be justified.

      (b) If his findings are affirmative, designate [such] the area by basin, or portion therein, and [shall] make an official order describing the boundaries by legal subdivision as nearly as possible.

      (c) Proceed with the administration of this chapter. [as provided for herein.]

      2.  In the absence of such a petition from the owners of wells in a ground water basin which the state engineer [has] considers to be in need of administration, he shall hold a public hearing within the basin to take testimony from those owners to determine whether administration of that basin is justified. If the basin is found, after due investigation, to be in need of administration [as relating to designated areas,] the state engineer may [upon his own motion] enter an order in the same manner as if a petition, as described in subsection 1, had been received.

      3.  [Such] The order of the state engineer may be reviewed by the district court of the county pursuant to NRS 533.450.

      4.  Such supervision [shall] must be exercised on all wells tapping artesian water or water in definable underground aquifers drilled [subsequent to] after March 22, 1913, and on all wells tapping percolating water, the course and boundaries of which are incapable of determination, drilled subsequent to March 25, 1939, except those wells coming under the provisions of NRS 534.180.

      5.  Within any ground water basin which has been designated or which may hereafter be so designated by the state engineer, except ground water basins subject to the provisions of NRS 534.035, and wherein a water conservation board has been created and established or wherein a water district has been created and established by law to furnish water to an area or areas within the basin or for ground water conservation purposes, the state engineer, [in his discretion and] in the administration of the ground water law, [is hereby authorized and directed to] shall avail himself of the services of the governing body of [such] the water district or the water conservation board, or either or both of them, in an advisory capacity. [Upon request of the state engineer, the] The governing body or water board shall furnish such advice and assistance to the state engineer as [he may deem] is necessary for the purpose of the conservation of ground water within the areas affected. The services of [such] the governing body or water conservation board [shall] must be without compensation from the state, and the services so rendered [shall] must be upon reasonable agreements effected with and by the state engineer.


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

ê1981 Statutes of Nevada, Page 917 (Chapter 474, AB 428)ê

 

and the services so rendered [shall] must be upon reasonable agreements effected with and by the state engineer.

      Sec. 3.  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,] the board of county commissioners may recommend to the state engineer that he establish 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] is to be established and may direct [such] its establishment by order.

      2.  If a ground water board is established, the governing bodies of all the [incorporated] cities and towns within the designated area, the board of county commissioners of [the] each 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 must be appointed from each list.

      3.  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] or if the area lies in more than one county, in the county seat of one of the counties in which the area is located. The board 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 the meeting. No matters other than those specified in the notice may be acted upon at that meeting unless all members are present and consent thereto.

      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 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, adopt any related regulations or enter any related orders 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 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.


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ê1981 Statutes of Nevada, Page 918 (Chapter 474, AB 428)ê

 

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] governor may dissolve the ground water board by order if he determines that the future activities of the board are likely to be insubstantial.

 

________

 

 

CHAPTER 475, SB 176

Senate Bill No. 176–Committee on Natural Resources

CHAPTER 475

AN ACT relating to federal lands; providing for individual approval by the legislature of cessions of jurisdiction respecting certain federal lands; providing for individual approval by the governor of certain uses of those lands; providing for approval by the board of directors of the department of transportation of closures of public roads on the lands; providing for hearings and recommendations by the planning agencies of affected local governments; and providing other matters properly relating thereto.

 

[Approved June 2, 1981]

 

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

 

      Section 1.  Chapter 328 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  An officer of an agency or instrumentality of the United States:

      1.  May apply to the director of the legislative counsel bureau pursuant to sections 3 to 5, inclusive, and 8 to 10, inclusive, of this act to obtain a cession of concurrent criminal jurisdiction or other jurisdiction from the State of Nevada.

      2.  Shall apply to the state engineer pursuant to Title 48 of NRS to appropriate water on the public lands or other federal lands of this state. The state engineer has continuing jurisdiction over any acquisition by the United States of the waters of the State of Nevada, whether by purchase, gift, condemnation, appropriation pursuant to the state’s water laws or otherwise, and whether appurtenant to lands acquired by or retained by the United States.

      3.  Shall apply to the department of transportation pursuant to the procedure set forth in sections 22 to 24, inclusive, of this act for consent to close a public road, as defined in NRS 405.191, which is located on the public lands of this state.

      4.  Shall apply to the state land use planning agency pursuant to the procedure set forth in sections 12 to 15, inclusive, of this act for consent to use land held solely for proprietary purposes relating to the retention and management of the public lands, if that use interferes with the sovereignty of this state respecting the land within its borders.

      Sec. 3.  1.  Upon application by an officer of an agency or instrumentality of the United States in accordance with clause 17 of section 8 of article I of the Constitution of the United States, the legislature, or the legislative commission when the legislature is not in regular session, may by resolution cede concurrent criminal jurisdiction to the United States respecting any land held by the United States for the erection of forts, magazines, arsenals, dockyards or other needful buildings, or for another governmental purpose authorized by the Constitution, subject to the conditions and reservations set forth in this section and section 4 of this act.


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

ê1981 Statutes of Nevada, Page 919 (Chapter 475, SB 176)ê

 

by resolution cede concurrent criminal jurisdiction to the United States respecting any land held by the United States for the erection of forts, magazines, arsenals, dockyards or other needful buildings, or for another governmental purpose authorized by the Constitution, subject to the conditions and reservations set forth in this section and section 4 of this act. Jurisdiction other than concurrent criminal jurisdiction may be ceded only by the legislature when in regular session.

      2.  Federal jurisdiction over land to which this state has not ceded its jurisdiction is limited to carrying out governmental purposes authorized by the Constitution of the United States, and federal jurisdiction over lands held for other purposes is limited to that exercisable by an ordinary proprietor under the laws of this state.

      3.  An application for a cession of jurisdiction must set forth:

      (a) The purpose of the application and the nature and extent of the jurisdiction sought;

      (b) The legal description of the land involved, together with a map of the land;

      (c) A statement of the governmental purpose to be carried out on the land and the federal statute authorizing that activity; and

      (d) A verification by an officer of the agency or instrumentality who has knowledge of the contents of the application.

      4.  The legislative commission, upon the advice of the attorney general and after a hearing, may cede concurrent criminal jurisdiction to the United States on behalf of this state if it finds that the contents of the application are true and the cession is in the best interests of this state. Notice of its hearing must be given as required by law.

      Sec. 4.  It is the policy of this state, with respect to conditions which may be imposed on a cession of concurrent criminal jurisdiction or a grant of consent to use land or close a public road, to reserve:

      1.  Its right to tax all the personal property, all activities of persons and all buildings erected on the land to the extent permitted by law;

      2.  All civil and political rights, including the right of suffrage, which persons residing on the land would have had if the cession were not made;

      3.  Its right to control, maintain and operate all state highways constructed upon the land;

      4.  Its jurisdiction over the appropriation of water, including the full power to control and regulate its acquisition, distribution, diversion, control and use;

      5.  The right of the state and its citizens to prospect for, mine and remove all deposits of minerals, including oil and gas;

      6.  Its authority to serve and execute all civil and criminal process issued by any court of competent jurisdiction or public officer having authority to issue such process and any order issued by such a court which is necessary to be served upon any person who is on the land or any building erected on it, in the same way and manner as if jurisdiction had not been ceded;

      7.  Its criminal and civil jurisdiction, other than that expressly ceded, to the extent permitted by law; and

      8.  Such other legislative jurisdiction over the land as does not interfere with the express purpose of the cession or consent,

and to impose a condition that the jurisdiction ceded or consent granted to the United States continues only as long as the land belongs to the United States and is held by it for the purpose for which jurisdiction is ceded or consent is granted and in compliance with each of the conditions and reservations of the cession or grant.


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ê1981 Statutes of Nevada, Page 920 (Chapter 475, SB 176)ê

 

to the United States continues only as long as the land belongs to the United States and is held by it for the purpose for which jurisdiction is ceded or consent is granted and in compliance with each of the conditions and reservations of the cession or grant.

      Sec. 5.  Any offer or agreement by the State of Nevada to grant a cession of jurisdiction before the effective date of this act must be construed according to the law in effect at the time of the cession. If any condition of the federal or state laws which were in force at that time has not been complied with before the effective date of this act, the state’s conditional cession of jurisdiction is declared to be void and of no effect, and as to such land the state retains the entire jurisdiction it exercised or was entitled to exercise when the United States acquired the land.

      Sec. 6.  1.  The consent of the State of Nevada to the acquisition of lands by the United States for wildlife refuges pursuant to the Migratory Bird Conservation Act of 1929, as amended, 16 U.S.C. § 715, et seq., whether in fee or by lease or easement, may be granted only if recommended by the planning agency within whose jurisdiction the land is located and approved by the legislature by law.

      2.  As used in this section, “planning agency” means:

      (a) The planning commission for the city in which the land is entirely located; or

      (b) A county or regional planning commission, if there is one, or the board of county commissioners or Nevada Tahoe regional planning agency, within whose jurisdiction the land is located.

      Sec. 7.  1.  The state land registrar shall:

      (a) Create and maintain a registry of all lands and interests in land in Nevada, other than the unreserved, unappropriated public lands, owned or held in trust by an agency or instrumentality of the Federal Government.

      (b) With the advice and assistance of the attorney general and the district attorneys, determine and state in the registry the nature and extent of the Federal Government’s jurisdiction over each tract of land or interest in land entered in the registry.

      2.  The department of taxation, with the cooperation of the state land registrar, shall advise the county assessors of:

      (a) Those lands and interests in land in the registry which may be taxed and the taxable activities conducted on them; and

      (b) Any changes in the taxable status of those lands and interests when the changes come to their knowledge.

      Sec. 8.  NRS 328.100 is hereby amended to read as follows:

      328.100  1.  The [consent of the state shall] cession of jurisdiction by the state must be evidenced by a [certificate executed on behalf of the state by the Nevada tax commission and countersigned by the governor. The certificate shall] resolution signed on behalf of the state by the president of the senate and speaker of the assembly and attested to by the secretary and chief clerk of those houses, respectively, or by the chairman and secretary of the legislative commission. The resolution must then be delivered to the secretary of state, who shall affix the seal of the state thereto and shall thereupon deliver [the same] it to the United States.


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ê1981 Statutes of Nevada, Page 921 (Chapter 475, SB 176)ê

 

      2.  The [certificate of consent shall accurately describe the premises or rights requested.

      3.  The certificate shall be eligible for recordation in the deed records of the county or counties to which it relates.] resolution must contain an accurate description of the land, a statement of the jurisdiction ceded to the United States, the purpose of the cession and all power, authority and jurisdiction reserved to the state.

      3.  The cession of jurisdiction does not vest until certified copies of it have been filed with the state land registrar and recorded in the offices of the county recorders of the counties in which the land is located.

      Sec. 9.  NRS 328.110 is hereby amended to read as follows:

      328.110  1.  A recorder of conveyances of real property in this state shall not accept for recordation any deed of conveyance wherein the United States is the grantee unless there is recorded with the deed of conveyance [:

      1.  A certificate of consent pertaining to the transaction as provided for in NRS 328.100; or

      2.  The] the written statement of a representative of the United States, contained in the deed, or a notarized statement by such a representative accompanying it, that the United States does not seek exclusive jurisdiction over the property.

      2.  A deed of conveyance, patent, decree or other instrument vesting in the United States the title to land within this state is not effective as to a subsequent purchaser of that land if he takes in good faith, for a valuable consideration and without notice of ownership of that land by the United States until the United States records such an instrument in the counties in which the land or any part of it is located.

      Sec. 10.  NRS 328.120 is hereby amended to read as follows:

      328.120  On matters under the provisions of [NRS 328.030 to 328.150, inclusive,] sections 3 to 5, inclusive, and 8 to 10, inclusive, of this act affecting water rights, reclamation flood control and watershed protection, the [Nevada tax] legislative commission shall call upon the state engineer for technical and engineering advice, and the water law of this state [shall be] is the rule of decision in all matters relating to water rights.

      Sec. 11.  Chapter 321 of NRS is hereby amended by adding thereto the provisions set forth as sections 12 to 15, inclusive, of this act.

      Sec. 12.  1.  Upon receipt of an application by the United States for consent to a use of public land, the state land use planning agency shall give written notice of the application to the planning agencies of the local governments, within 1 week after its receipt of the application.

      2.  Each planning agency so notified shall within 45 days after the notice is sent hold a public hearing on the application at the place where it normally meets. If the land is located within the jurisdiction of two or more planning agencies, each of those agencies must hold a hearing.

      3.  Each planning agency shall notify the public by publication in one issue of a newspaper of general circulation published in each of the counties in which the land is located. The notice must be published at least 20 days before the date set for the hearing and set forth a description of the land and the use for which consent is sought as stated in the application.


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ê1981 Statutes of Nevada, Page 922 (Chapter 475, SB 176)ê

 

The cost of publishing the notice must be borne by the United States or by someone in its behalf.

      4.  Each planning agency shall deliver its written recommendation on the application, including the reasons for its recommendation, to the state land use planning agency within 15 days after the conclusion of its hearing on the application.

      5.  The application must contain such information and supporting documents as are prescribed in regulations adopted by the state land use planning agency and approved by the director of the state department of conservation and natural resources.

      Sec. 13.  1.  The state land use planning agency shall hold a hearing on an application for consent to use public land within 45 days after it receives the written recommendation from the planning agencies. The state agency shall give notice of its hearing as required by law. At its hearing the state agency shall receive any testimony pertaining to any use of the land which is not repetitive and shall consider the written recommendation of the planning agency.

      2.  The state agency shall deliver its written recommendation on the application, including the reasons for its recommendation to the governor within 15 days after the conclusion of its hearing on the application.

      Sec. 14.  1.  The governor in deciding whether to grant or deny the consent of the state to a use of public land shall:

      (a) Balance the interests of the Federal Government and the state; and

      (b) Not apply standards or impose conditions respecting the use of land which are more restrictive than those generally applicable to other persons or governmental agencies in this state.

      2.  In granting the consent of the state the governor shall not grant or waive any right, privilege, immunity or other incident of sovereignty provided for in section 4 of this act.

      3.  Any recommendation of the state land use planning agency which is not acted on by the governor within 30 days after he receives it and which is not in conflict with the requirements of this section is automatically approved unless the governor in a writing which is attached to the application and recommendations defers the decision for a good cause.

      4.  The consent of the governor to a use of public land must be evidenced by a certificate signed by him and delivered to the United States. A copy of the certificate must also be delivered to the state land registrar.

      Sec. 16.  NRS 321.655 is hereby amended to read as follows:

      321.655  As used in NRS 321.640 to 321.770, inclusive, [:] and sections 12 to 15, inclusive, of this act:

      1.  “Administrator” means the executive head of the division of state lands of the state department of conservation and natural resources.

      2.  “Area of critical environmental concern” means any area in this state where there is or could develop irreversible degradation of more than local significance but does not include an area of depleting water supply which is caused by the beneficial use or storage of water in other areas pursuant to legally owned and fully appropriated water rights.


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

ê1981 Statutes of Nevada, Page 923 (Chapter 475, SB 176)ê

 

than local significance but does not include an area of depleting water supply which is caused by the beneficial use or storage of water in other areas pursuant to legally owned and fully appropriated water rights.

      3.  “Planning agency” means:

      (a) The planning commission for the city in which the land is entirely located; or

      (b) A county or regional planning commission, if there is one, or the board of county commissioners or Nevada Tahoe regional planning agency, within whose jurisdiction the land is located.

      4.  “Public lands” means all lands within the exterior boundaries of the State of Nevada except lands:

      (a) To which title is held by any private person or entity;

      (b) To which title is held by the State of Nevada, any of its local governments or the University of Nevada System;

      (c) Which are located within congressionally authorized national parks, monuments, national forests or wildlife refuges, or which are lands acquired by purchase consented to by the legislature;

      (d) Which are controlled by the United States Department of Defense, Department of Energy or Bureau of Reclamation; or

      (e) Which are held in trust for Indian purposes or are Indian reservations.

      Sec. 17.  NRS 405.191 is hereby amended to read as follows:

      405.191  As used in NRS 405.193 and 405.195, “public road” includes: [in addition to a]

      1.  A United States highway, a state highway or a main, general or minor county road and any other way laid out or maintained by any governmental agency. [:

      1.]2.  Any way which exists upon a right of way granted by Congress over public lands of the United States not reserved for public uses in chapter 262, section 8, 14 Statutes 253 (former 43 U.S.C. § 932), and accepted by general public use and enjoyment before or after July 1, 1979. Each board of county commissioners may locate and determine the width of such rights of way and locate, open for public use and establish thereon county roads or highways [.] , but public use alone has been and is sufficient to evidence an acceptance of the grant of a public user right of way pursuant to former 43 U.S.C. § 932.

      [2.]3.  Any way which is shown upon any plat, subdivision, addition, parcel map or record of survey of any county, city, town or portion thereof duly recorded or filed in the office of the county recorder, and which is not specifically therein designated as a private road or a nonpublic road, and any way which is described in a duly recorded conveyance as a public road or is reserved thereby for public road purposes or which is described by words of similar import.

      Sec. 18.  NRS 405.195 is hereby amended to read as follows:

      405.195  1.  The governing body of any political subdivision affected by a public road which meets the requirements of NRS 405.191 may bring and maintain an action in the district court of the county in which the public road lies to prevent any person, including a public agency, except an agency of the Federal Government, from denying public use of that road.

      2.  The attorney general may bring and maintain an action in any court or before any federal agency if an agency or instrumentality of the Federal Government denies the use of a public road located on public land in this state.


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

ê1981 Statutes of Nevada, Page 924 (Chapter 475, SB 176)ê

 

court or before any federal agency if an agency or instrumentality of the Federal Government denies the use of a public road located on public land in this state.

      Sec. 19.  Chapter 408 of NRS is hereby amended by adding thereto the provisions set forth as sections 20 to 24, inclusive, of this act.

      Sec. 20.  “Planning agency” means:

      1.  The planning commission for the city in which the road is entirely located; or

      2.  A county or regional planning commission, if there is one, or the board of county commissioners or Nevada Tahoe regional planning agency, within whose jurisdiction the road is located.

      Sec. 21.  “Public lands” means all lands within the exterior boundaries of the State of Nevada except lands:

      (a) To which title is held by any private person or entity;

      (b) To which title is held by the State of Nevada, any of its local governments or the University of Nevada System;

      (c) Which are located within congressionally authorized national parks, monuments, national forests or wildlife refuges, or which are lands acquired by purchase consented to by the legislature;

      (d) Which are controlled by the United States Department of Defense, Department of Energy or Bureau of Reclamation; or

      (e) Which are held in trust for Indian purposes or are Indian reservations.

      Sec. 22.  1.  Upon receipt of an application for consent to close a public road on public land, the department shall give written notice of the application to the planning agencies of the local governments, within 1 week after its receipt of the application.

      2.  Each planning agency so notified shall within 45 days after the notice is sent hold a public hearing on the application at the place where it normally meets. If the road is located within the jurisdiction of two or more planning agencies, each of those agencies must hold a hearing.

      3.  Each planning agency shall notify the public and every person known to have a vested private right of way over the road for the purpose of grazing, mining or any other purpose for which such a private right vests, by publication in one issue of a newspaper of general circulation published in each of the counties in which the land is located and by mailing to the last known address of each private user of the road. The notice must be published at least 20 days before the date set for the hearing and set forth the location of the road and the purpose for closing it as stated in the application. The cost of publishing the notice must be borne by the United States or by someone in its behalf.

      4.  The planning agency shall deliver its written recommendation on the application, including the reasons for its recommendation, to the department within 15 days after the conclusion of its hearing on the application.

      5.  The application must contain such information and supporting documents as are prescribed in regulations adopted by the department with the approval of the board.

      Sec. 23.  1.  The department shall hold a hearing on an application to close a public road on public land within 45 days after it receives the written recommendation from the planning agency.


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

ê1981 Statutes of Nevada, Page 925 (Chapter 475, SB 176)ê

 

written recommendation from the planning agency. The department shall give notice of its hearing as required by law. At its hearing the department shall receive any testimony pertaining to any use of the road which is not repetitive and shall consider the written recommendation of the planning agency.

      2.  The department shall deliver its written recommendation on the application, including the reasons for its recommendation, to the board within 15 days after the conclusion of its hearing on the application.

      Sec. 24.  1.  The board in deciding whether to grant or deny the consent of the state to close a public road on public land shall:

      (a) Balance the interests of the Federal Government and the state; and

      (b) Not apply standards or impose conditions respecting the closure of a public road which are more restrictive than those generally applicable to other persons or governmental agencies in this state.

      2.  In granting the consent of the state the board shall not grant or waive any right, privilege, immunity or other incident of sovereignty provided for in section 4 of this act, except subsection 3 of that section.

      3.  Consent to such a closure or the extinguishing of a public use does not constitute consent to extinguish a private use, and the state’s consent is contingent on compensation by the Federal Government for the loss of a vested private right of way.

      4.  Any recommendation of the department which is not acted on by the board within 30 days after it receives the application and which is not in conflict with the requirements of this section is automatically approved unless the board in a writing which is attached to the application and recommendations defers the decision for a good cause.

      5.  The consent of the board to close a public road on public land must be evidenced by a certificate signed by the chairman of the board and attested to by its secretary, and delivered to the United States.

      Sec. 25.  NRS 408.020 is hereby amended to read as follows:

      408.020  As used in this chapter the words and terms defined in NRS 408.035 to 408.095, inclusive, and sections 20 and 21 of this act, unless the context otherwise requires, have the meanings ascribed to them in those sections.

      Sec. 26.  1.  The consent of the State of Nevada is hereby given to the acquisition by the United States, before, on or after the effective date of this act, by purchase, exchange or otherwise, of environmentally sensitive lands in the Lake Tahoe Basin pursuant to sections 2 and 3 of Public Law 96–586 (94 Stat. 3381) and the Jennings and Kahle properties in the Lake Tahoe Basin pursuant to Public Law 95–465 (92 Stat. 1279, 1282) and Public Law 96–126 (93 Stat. 954, 957), but the acquisitions and uses of those lands by the United States are subject to the terms of the Tahoe Regional Planning Compact, NRS 277.200, and all other applicable laws of the State of Nevada and the Federal Government.

      2.  This act is not intended to preclude an officer of an agency or instrumentality of the United States from applying to the State of Nevada for a cession of jurisdiction pursuant to sections 3 to 5, inclusive, and 8 to 10, inclusive, of this act in connection with the acquisitions of lands consented to in subsection 1.

      3.  Nothing in this act affects litigation brought by private persons against governmental entities which was pending on May 12, 1981, in any state or federal court in this state and which puts in issue the application or interpretation of the provisions of chapter 328 of NRS in effect on July 1, 1977.


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

ê1981 Statutes of Nevada, Page 926 (Chapter 475, SB 176)ê

 

against governmental entities which was pending on May 12, 1981, in any state or federal court in this state and which puts in issue the application or interpretation of the provisions of chapter 328 of NRS in effect on July 1, 1977.

      Sec. 27.  NRS 328.010, 328.020, 328.030, 328.040, 328.050, 328.060, 328.070, 328.080, 328.090, 328.130, 328.140, 328.150, 328.160, 328.170, 328.180, 328.190, 328.200, 328.201, 328.206, 328.207, 328.208, 328.209 and 328.2091 are hereby repealed.

      Sec. 28.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 476, AB 704

Assembly Bill No. 704–Committee on Elections

CHAPTER 476

AN ACT relating to congressional districts; defining the boundaries thereof; and providing other matters properly relating thereto.

 

[Approved June 3, 1981]

 

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

 

      Section 1.  Chapter 304 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      The following congressional districts are hereby created:

      1.  Congressional district 1 consisting of all of Clark County except:

      (a) Assembly districts 1, 17 and 20;

      (b) In census tract 31, that part in assembly district 2;

      (c) In census tract 32, that part in assembly district 13.

      2.  Congressional district 2 consisting of:

      (a) All counties in the state except Clark County;

      (b) In Clark County:

             (1) Assembly districts 1, 17 and 20;

             (2) In census tract 31, that part in assembly district 2;

             (3) In census tract 32, that part in assembly district 13.

      Sec. 2.  This act shall become effective on January 1, 1982, for the purposes of nominating and electing representatives in the Congress of the United States. For all other purposes, this act shall become effective on January 3, 1983.

 

________

 

 


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

ê1981 Statutes of Nevada, Page 927ê

 

CHAPTER 477, SB 533

Senate Bill No. 533–Senator Wagner

CHAPTER 477

AN ACT relating to insurance contracts; requiring the use of simplified language and creating a standard for evaluating its use in policies; and providing other matters properly relating thereto.

 

[Approved June 3, 1981]

 

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

 

      Section 1.  Chapter 687B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  1.  The provisions of sections 2 to 5, inclusive, of this act:

      (a) Apply to all policies, certificates or contracts of life or health insurance, including credit life or health insurance, delivered or issued for delivery in this state, including policies, certificates or contracts issued by fraternal benefit societies and hospital, medical or dental service corporations, health maintenance organizations and other similar organizations, and certificates issued pursuant to a policy of group insurance delivered or issued for delivery in this state, except:

             (1) Any policy which is a security subject to federal jurisdiction;

             (2) Any policy covering the lives of a group of 1,000 or more persons as of its date of issuance, other than a group policy for credit life insurance or credit health insurance and any certificate issued pursuant to any group policy;

             (3) Any group annuity which serves to finance pension, profit-sharing or deferred compensation plans;

             (4) Any form used in connection with, as a conversion from, as an addition to or in exchange for a policy delivered or issued for delivery on a form approved or permitted to be issued before July 1, 1983.

      (b) Are not intended to increase any risk assumed by an insurer.

      (c) Do not supersede the provisions of this Title or other law applicable to the delivery or issuance of policies of insurance.

      (d) Are not intended to restrict or discourage the development of new policies and provisions.

      (e) Do not require standardization of policy forms or of provisions of policies.

      2.  Any policy written in a language other than English shall be deemed to comply with section 3 of this act if the insurer certifies that it is translated from a policy written in English which complies with that section.

      3.  The provisions of sections 2 to 5, inclusive, of this act apply to renewals on or after July 1, 1983, of policies delivered or issued for delivery before that date.

      Sec. 3.  1.  Except as provided by section 2 of this act, a policy must not be delivered or issued for delivery in this state on or after July 1, 1983, unless:

      (a) The text of the policy achieves a score of at least 40 on the Flesch test of reading ease or an equivalent score on any comparable test which is approved by the commissioner;


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

ê1981 Statutes of Nevada, Page 928 (Chapter 477, SB 533)ê

 

      (b) It is printed, except for pages which contain specifications, schedules or tables, in not less than 10-point type, one point leaded;

      (c) The style, arrangement and overall appearance of the policy give no undue prominence to any portion of the text of or endorsements or riders to the policy; and

      (d) It contains a table of contents or an index of the principal sections of the policy if it contains more than 3,000 words or has more than three pages.

      2.  The score for the Flesch test of reading ease must be calculated in the following manner:

      (a) If a form contains 10,000 words or less of text, the entire text must be used as as basis for calculating the score. If it contains more than 10,000 words, two samples, which are separated from each other by at least 20 printed lines, of 200 words per page must be used as the basis for calculating the score.

      (b) The number of words and sentences used in the basis for the calculation must be counted and the total number of words divided by the total number of sentences. This figure must be multiplied by 1.015.

      (c) The number of syllables must be counted and the total divided by the total number of words. This figure must be multiplied by 84.6.

      (d) The results of the calculations made pursuant to paragraphs (b) and (c) must be added together and the total must be subtracted from 206.835.

      (e) The result of the calculation made pursuant to paragraph (d) is the score for the policy.

      3.  For the purposes of performing the calculations required by subsection 2:

      (a) A contraction, hyphenated word or numbers and letters when separated by spaces must be counted as one word;

      (b) A sequence of words which ends with a period, semicolon or colon, except for headings and captions, must be counted as a sentence;

      (c) Where a dictionary shows two or more equally acceptable pronunciations of a word, the pronunciation containing fewer syllables may be used.

      4.  As used in this section, “text” includes all printed matter except:

      (a) The name and address of the insurer, the name, number or title of the policy, the table of contents or index, captions and subcaptions and pages which contain specifications, schedules and tables; and

      (b) Any language of the policy which is drafted in a particular manner so as to meet the requirements of:

             (1) Any federal or state law or regulation or any interpretation of a law or regulation by a federal or state agency;

             (2) Any collective bargaining agreement;

             (3) Usage of medical terms; and

             (4) Definitions contained in the policy,

if the insurer so identifies this language and certifies in writing that it is excepted by this paragraph.

      5.  An insurer may score riders, endorsements, applications and other forms as separate forms or as part of the policy with which they are used.

      Sec. 4.  1.  An insurer shall file a copy of the policy with the commissioner accompanied by a certificate signed by an officer of the insurer stating that the policy meets the score required for reading ease or stating that the score is lower than the minimum required and requesting that it be approved in accordance with subsection 2.


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

ê1981 Statutes of Nevada, Page 929 (Chapter 477, SB 533)ê

 

missioner accompanied by a certificate signed by an officer of the insurer stating that the policy meets the score required for reading ease or stating that the score is lower than the minimum required and requesting that it be approved in accordance with subsection 2. Upon the request of the commissioner, the insurer shall furnish additional information to verify the accuracy of the certification.

      2.  The commissioner may approve a policy which has a score lower than required whenever he finds that a lower score:

      (a) Provides a more accurate reflection of the readability of a policy;

      (b) Is necessitated by the nature of a particular type or class of policy; or

      (c) Is caused by language in the policy which is drafted in a particular manner so as to meet the requirements of any state law, regulation or interpretation of that law or regulation by a state agency.

      Sec. 5.  A policy which complies with subsection 1 of section 3 of this act must be approved by the commissioner, notwithstanding any other provision of law which specifies the content of a policy, if the policy provides the policyholder and claimant with protection at least equal to that to which they are entitled under those other provisions.

 

________

 

 

CHAPTER 478, SB 534

Senate Bill No. 534–Senator Blakemore

CHAPTER 478

AN ACT relating to insurance; including additional lines which may be sold under an agent’s limited license; and providing other matters properly relating thereto.

 

[Approved June 3, 1981]

 

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

 

      Section 1.  NRS 683A.260 is hereby amended to read as follows:

      683A.260  1.  The commissioner may issue a limited agent’s license to [applicants, qualified therefor] an applicant qualified under this chapter [and representing] :

      (a) Who represents public carriers [, who] and in the course of [such representation solicit or sell] his representation solicits or sells insurance incidentally to the transportation of persons or to the storage or transportation of property [, and limited to insurance so transacted. No person so licensed shall hold concurrently another license under this chapter.

      2.  The fee for a limited license is specified in NRS 680B.010 (fee schedule).] ; or

      (b) Whose insurance activities are limited to the solicitation and sale of:

             (1) Credit life, credit health, credit property and casualty insurance; or

             (2) Fixed annuities.


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

ê1981 Statutes of Nevada, Page 930 (Chapter 478, SB 534)ê

 

      2.  The commissioner may adopt regulations which require the applicant to pass an appropriate examination before the issuance of a license under this section.

      3.  A person to whom a license is issued pursuant to this section may not concurrently hold any other license authorized by this chapter.

 

________

 

 

CHAPTER 479, AB 381

Assembly Bill No. 381–Assemblymen Polish and Rackley

CHAPTER 479

AN ACT relating to health insurance; entitling insureds under individual and group policies to reimbursement for certain treatments by licensed chiropractors; and providing other matters properly relating thereto.

 

[Approved June 3, 1981]

 

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

 

      Section 1.  Chapter 689A of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  If any policy of health insurance provides coverage for treatment of an illness which is within the authorized scope of practice of a qualified chiropractor, the insured is entitled to reimbursement for treatments by a chiropractor who is licensed pursuant to chapter 634 of NRS.

      2.  The terms of the policy must not limit coverage for treatments by a chiropractor to a number less than for treatments by other physicians.

      Sec. 2.  Chapter 689B of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  If any group policy of health insurance provides coverage for treatment of an illness which is within the authorized scope of practice of a qualified chiropractor, the insured is entitled to reimbursement for treatments by a chiropractor who is licensed pursuant to chapter 634 of NRS.

      2.  The terms of the policy must not limit coverage for treatments by a chiropractor to a number less than for treatments by other physicians.

      Sec. 3.  Chapter 695B of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  If any contract for hospital or medical service provides coverage for treatment of an illness which is within the authorized scope of practice of a qualified chiropractor, the insured is entitled to reimbursement for treatments by a chiropractor who is licensed pursuant to chapter 634 of NRS.

      2.  The terms of the policy must not limit coverage for treatments by a chiropractor to a number less than for treatments by other physicians.

      Sec. 4.  Chapter 695C of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  If any evidence of coverage provides coverage for treatment of an illness which is within the authorized scope of practice of a qualified chiropractor, the insured is entitled to reimbursement for treatments by a chiropractor who is licensed pursuant to chapter 634 of NRS.


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

ê1981 Statutes of Nevada, Page 931 (Chapter 479, AB 381)ê

 

      2.  The terms of the policy must not limit coverage for treatments by a chiropractor to a number less than for treatments by other physicians.

 

________

 

 

CHAPTER 480, SB 231

Senate Bill No. 231–Committee on Commerce and Labor

CHAPTER 480

AN ACT relating to physical therapists; expanding the powers of the state board of physical therapy examiners; providing rules for its proceedings and for subpenas; providing for the issuance of temporary permits and registration without examination in certain circumstances; adding grounds for disciplinary action by the board; increasing fees; providing penalties; and providing other matters properly relating thereto.

 

[Approved June 3, 1981]

 

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

 

      Section 1.  Chapter 640 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2.  “Physical therapist’s assistant” means a person who assists in the practice of physical therapy under the supervision of a registered physical therapist and who is licensed under the provisions of this chapter.

      Sec. 2.5.  “Practice of physical therapy”:

      1.  Includes:

      (a) The performing and interpreting of tests and measurements as an aid to treatment;

      (b) The planning of initial and subsequent treatment programs on the basis of the results of tests; and

      (c) The administering of treatment through the use of therapeutic exercise and massage, joint mobilization by the use of therapeutic exercise without chiropractic adjustment, mechanical devices, and therapeutic agents which employ the properties of air, water, electricity, sound and radiant energy.

      2.  Does not include:

      (a) The diagnosis of physical disabilities;

      (b) The use of roentgenic rays or radium;

      (c) The use of electricity for cauterization or surgery; or

      (d) The occupation of a masseur who massages only the superficial soft tissues of the body.

      Sec. 3.  1.  A complaint against any person who has been registered or issued a license or temporary permit pursuant to this chapter may be initiated by the board or may be filed with the board by any member or agent of the board or any aggrieved person.

      2.  The complaint must allege one or more of the grounds enumerated in NRS 640.160 and must contain a statement of facts showing that a provision of this chapter or the board’s regulations has been violated. The complaint must be sufficiently detailed to enable the respondent to understand the allegations.

      3.  The complaint must be in writing and be signed and verified by the person filing it.


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

ê1981 Statutes of Nevada, Page 932 (Chapter 480, SB 231)ê

 

the person filing it. The original complaint and two copies must be filed with the board.

      4.  The board shall review each complaint. If a complaint shows a substantial violation of a provision of this chapter or the board’s regulations, the board shall proceed with a hearing on the complaint.

      Sec. 4.  1.  As soon as practicable after the board determines that a complaint merits a hearing, the board shall set a date for the hearing. The hearing must not be set sooner than 30 days after the date on which the respondent received notice of the complaint.

      2.  The board’s secretary shall:

      (a) Notify the respondent that a complaint against him has been filed;

      (b) Inform him of the date, time and place set for the hearing; and

      (c) Include a copy of the complaint with the notice.

      3.  The notice and complaint may be served on the respondent by delivery to him personally or by mailing to him at his last known address by registered or certified mail.

      4.  If the respondent so requests, the hearing must be held within the county where he resides.

      Sec. 5.  1.  The board or any member thereof may issue subpenas for the attendance of witnesses and the production of books and papers.

      2.  The district court, in and for the county in which any hearing is held, 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 board.

      3.  If any witness refuses to attend or testify or produce any books or papers required by a subpena, the board may file a petition ex parte with the district court, setting forth that:

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

      (b) The witness has been subpenaed in the manner prescribed by this chapter;

      (c) The witness has failed or refused to attend or produce the books or papers required by the subpena before the board in the cause or proceeding named in the subpena, or has refused to answer questions propounded to him in the course of the hearing; and

      (d) The board therefore requests an order of the court compelling the witness to attend and testify or produce the books or papers before the board.

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

      5.  If the court determines that the subpena was regularly issued by the board, the court shall thereupon 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. Failure to obey the order is a contempt of the court which issued it.

      Sec. 6.  Each witness who appears by order of the board is entitled to receive for his attendance the same fees and mileage allowed by law to a witness in a civil case.


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

ê1981 Statutes of Nevada, Page 933 (Chapter 480, SB 231)ê

 

to a witness in a civil case. The amount must be paid by the party who requested the subpena. When any witness, who has not been required to attend at the request of any party, is subpenaed by the board, his fees and mileage must be paid from the funds of the board.

      Sec. 7.  1.  The board may, in any hearing before it, cause the depositions of witnesses to be taken in the manner prescribed for depositions in civil actions in this state.

      2.  The district court in and for the county in which any hearing is held by the board shall, upon the application of the board, issue commissions to other states for the taking of evidence therein for use in any proceeding before the board.

      Sec. 8.  The board shall render a decision on any complaint within 60 days after the final hearing thereon.

      Sec. 9.  It is unlawful for any person to practice physical therapy in this state unless he holds a certificate of registration, a license or a temporary permit issued pursuant to this chapter or is licensed in this state to practice physical therapy otherwise than by virtue of this chapter.

      Sec. 10.  NRS 640.011 is hereby amended to read as follows:

      640.011  As used in this chapter, unless the context otherwise requires, the terms defined in NRS 640.013 to 640.022, inclusive, and sections 2 and 2.5 of this act, have the meanings ascribed to them in [such] those sections.

      Sec. 11.  NRS 640.022 is hereby amended to read as follows:

      640.022  “Physical therapy” means the [treatment of any bodily or mental condition of any person by the use of the physical, chemical and other properties of heat, light, water, electricity, massage and active and passive exercise. The use of Roentgen rays and radium for diagnostic and therapeutic purposes, and the use of electricity for surgical purposes, including cauterization, are not authorized under the term “physical therapy” as used in this chapter.] specialty in the field of health which is concerned with prevention of disability and physical rehabilitation of persons having congenital or acquired disabilities.

      Sec. 12.  NRS 640.030 is hereby amended to read as follows:

      640.030  1.  The state board of physical therapy examiners, consisting of five members appointed by the governor, is hereby created.

      2.  The governor shall appoint:

      (a) Four members who are registered physical therapists in the State of Nevada.

      (b) One member who is a representative of the general public.

      3.  The member who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the board.

      4.  No member of the board may serve more than two consecutive terms.

      5.  The governor may remove any member of the board for incompetency, neglect of duty, gross immorality or malfeasance in office.

      6.  A majority of the members of the board constitutes a quorum. Three votes are required to pass any action by the board.

      7.  No member of the board may be held liable in a civil action for any act which he has performed in good faith in the execution of his duties under this chapter.


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ê1981 Statutes of Nevada, Page 934 (Chapter 480, SB 231)ê

 

      Sec. 13.  NRS 640.045 is hereby amended to read as follows:

      640.045  Each member of the board [shall] is entitled to receive:

      1.  A salary of not more than $40 per day, as fixed by the board, while engaged in the business of the board.

      2.  Actual expenses for subsistence and lodging, not to exceed [$25 per day,] the amount provided by law for state officers and employees, and actual expenses for transportation, while traveling on business of the board.

      Sec. 14.  NRS 640.050 is hereby amended to read as follows:

      640.050  1.  The board shall examine and register qualified physical therapists and license qualified physical [therapy] therapists’ assistants.

      2.  The board [is authorized to] may adopt reasonable [rules] regulations to carry this chapter into effect. [and may amend and revoke such rules at its discretion.]

      3.  The board shall keep a record of its proceedings [under this chapter] and a register of all persons registered or licensed under the provisions of [the] this chapter. The register [shall] must show:

      (a) The name of every living registrant or licensee.

      (b) His last-known place of business and last-known place of residence.

      (c) The date and number of his registration and certificate [or license] as a [registered] physical therapist or [a licensed physical therapy] of his license as a physical therapist’s assistant.

      4.  During [May] September of every year in which renewal of registration or license is required, the board shall compile a list of registered physical therapists [and licensed physical therapy assistants] authorized to practice physical therapy [or] and physical therapists’ assistants licensed to assist in the practice of physical therapy in this state. Any interested person in the state [shall be entitled to] may obtain a copy of the list upon application to the board and the payment of such amount as may be fixed by the board, which amount [shall] must not exceed the cost of the list so furnished.

      5.  The board may:

      (a) Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.

      (b) Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      6.  Any member or agent of the board may enter an office, clinic or hospital where physical therapy is practiced and inspect it to determine if the physical therapists are licensed.

      Sec. 15.  NRS 640.060 is hereby amended to read as follows:

      640.060  For the purpose of NRS 640.080, the board shall not approve any school or educational curriculum unless graduation from the school or completion of the curriculum [shall entitle] entitles the applicant, insofar as educational requirements are concerned, to become a member in the American Physical Therapy Association. [or the American Registry of Physical Therapists.] Each such school shall, in addition, comply with all of the provisions of this chapter and the [rules] regulations of the board adopted pursuant to this chapter.

      Sec. 16.  NRS 640.080 is hereby amended to read as follows:


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ê1981 Statutes of Nevada, Page 935 (Chapter 480, SB 231)ê

 

      640.080  To be eligible for registration by the board as a physical therapist, an applicant must:

      1.  Be of good moral character.

      2.  Have been graduated [by an approved high school.

      3.  Have been graduated either:

      (a) By a school of physical therapy approved by the board; or

      (b) By a school of physical education approved by the board, and, in addition, have completed to the satisfaction of the board an approved course in physical therapy; or

      (c) By a school of nursing approved by the board, and, in addition, have completed to the satisfaction of the board an approved course in physical therapy.

      4.  (a)] from a school in which he completed a curriculum of physical therapy approved by the board; and

      3.  Pass to the satisfaction of the board an examination conducted by it to determine his [fitness] qualifications for practice as a physical therapist [; or

      (b) Be] , unless he is entitled to registration without examination as provided in NRS 640.120 or 640.140.

      Sec. 17.  NRS 640.090 is hereby amended to read as follows:

      640.090  Unless he is entitled to registration under NRS 640.120 [, 640.130] or 640.140, a person who desires to be registered as a physical therapist [shall:] must:

      1.  Apply to the board, in writing, on a [blank] form furnished by the board; [before commencing the practice of physical therapy.]

      2.  [Embody] Include in the application evidence, under oath, satisfactory to the board, [of his possessing] that he possesses the qualifications [preliminary to examination] required by NRS 640.080 [.] other than having passed the examination; and

      3.  Pay to the board at the time of filing his application a fee [of $50.] set by a regulation of the board in an amount of not more than $100.

      4.  Submit his fingerprints to the board with his application.

      Sec. 18.  NRS 640.100 is hereby amended to read as follows:

      640.100  1.  The board shall examine applicants for registration as physical therapists at least twice a year at such places as it may determine.

      2.  The examination [shall] must embrace such subjects as the board deems necessary to determine the applicant’s [fitness and shall] qualifications, and the examination must include a written [examination.] portion.

      3.  The board may charge a fee for examining or reexamining an applicant, based on the board’s cost.

      4.  Before any applicant may take the examination a third time, he must meet with the board to discuss his possible need for further training or education and must complete any further training or education determined by the board to be prerequisite.

      Sec. 19.  NRS 640.110 is hereby amended to read as follows:

      640.110  1.  The board shall register as a physical therapist each applicant who proves to the satisfaction of the board his [fitness] qualifications for registration.


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ê1981 Statutes of Nevada, Page 936 (Chapter 480, SB 231)ê

 

applicant who proves to the satisfaction of the board his [fitness] qualifications for registration.

      2.  The board shall issue to each person registered as a physical therapist a certificate of registration, which [shall be] is prima facie evidence of [the] his right [of the person to whom it is issued] to represent himself as a registered physical therapist and to practice physical therapy in the State of Nevada subject to the conditions and limitations of this chapter.

      3.  Each physical therapist shall display his current certificate of registration in a location which is accessible to the public.

      Sec. 20.  NRS 640.120 is hereby amended to read as follows:

      640.120  1.  The board may issue, without examination, a permit to practice physical therapy for a period not to exceed 6 months to any person who meets the qualifications set forth in NRS 640.080, except subsection [4] 3 thereof, upon certification that he has been assigned to the State of Nevada on a temporary basis to assist in a medical emergency.

      2.  The board may also permit, without examination, temporary registration not to exceed [6] 8 months to any person meeting the qualifications set forth in NRS 640.080, except subsection [4] 3 thereof, upon payment of a temporary registration fee [of $10,] not to exceed $25, which must be paid before commencing the practice of physical therapy. A temporary registration may not be renewed.

      3.  A student of physical therapy is not required to be registered or licensed during his clinical training if his work is done under the direct supervision of a registered physical therapist.

      4.  A graduate student of a school approved by the board may be granted a temporary permit to practice physical therapy under the direction of a registered physical therapist during his internship or residency. A temporary permit must not be made effective for more than 1 year. An applicant for a temporary permit must:

      (a) Submit proof that he has graduated from a school in which he completed a curriculum in physical therapy approved by the board; and

      (b) Pay a fee set by regulation of the board in an amount of not more than $25.

      Sec. 21.  NRS 640.150 is hereby amended to read as follows:

      640.150  1.  Every registered physical therapist shall, during [January 1957, and during January] July of every year, [thereafter,] apply to the board for an extension of his registration and pay a fee of not more than [$25.] $50. Registration that is not so extended [, in the first instance before April 1, 1957, and thereafter before April 1 every year, shall automatically lapse.] before September 1 of the year automatically lapses.

      2.  The board may [, in its discretion,] revive and extend a lapsed registration on the payment of all past unpaid extension fees not to exceed [$50.] $100.

      3.  The board may require registered physical therapists to complete a program of continuing education consisting of not more than 20 hours as a requirement for the extension of registrations. The board may prescribe the curriculum and approve the courses of study or training for that program.


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ê1981 Statutes of Nevada, Page 937 (Chapter 480, SB 231)ê

 

      Sec. 22.  NRS 640.160 is hereby amended to read as follows:

      640.160  1.  The board, after due notice and hearing, [may refuse] and upon any ground enumerated in subsection 2, may take one or more of the following actions:

      (a) Refuse to register [any applicant, and may refuse] or issue a license or temporary permit to any applicant.

      (b) Refuse to renew the registration, license or temporary permit of any [registered] person. [, and may suspend]

      (c) Suspend or revoke the registration, license or temporary permit of any [registered] person. [:

      1.  Who is]

      (d) Place any person who has been registered or issued a license or temporary permit on probation.

      (e) Impose an administrative fine which does not exceed $500 on any person who has been registered or issued a license or temporary permit.

      (f) Assess the costs of investigation upon any person who is registered or has been issued a license or temporary permit.

      2.  The board may take action pursuant to subsection 1 if an applicant or person who has been registered or issued a license or temporary permit:

      (a) Is habitually drunk or [who] is addicted to the use of a controlled substance as defined in chapter 453 of NRS.

      [2.  Who has] (b) Has been convicted of violating any state or federal law relating to controlled substances as defined in chapter 453 of NRS.

      [3.  Who is,] (c) Is, in the judgment of the board, guilty of immoral or unprofessional conduct.

      [4.  Who has] (d) Has been convicted of any crime involving moral turpitude.

      [5.  Who is] (e) Is guilty, in the judgment of the board, of gross negligence in his practice as a physical therapist which may be evidenced by claims of malpractice settled against a practitioner.

      [6.  Who has] (f) Has obtained or attempted to obtain registration by fraud or material misrepresentation.

      [7.  Who has] (g) Has been declared insane by a court of competent jurisdiction and has not thereafter been lawfully declared sane.

      [8.  Who has treated or undertaken to treat ailments of human beings otherwise than by physical therapy and as authorized in this chapter, or who has undertaken to practice independently of the prescription, direction or supervision of a person licensed to practice medicine and surgery without limitation, unless such person is licensed in the State of Nevada to practice such treatment otherwise than by virtue of this chapter.]

      (h) Has entered into any contract or arrangement which provides for the payment of an unearned fee to any person following his referral of a patient.

      (i) Has employed as a physical therapist any unlicensed physical therapist or physical therapist whose license has been suspended.

      (j) Has had his license to practice physical therapy suspended or revoked by another jurisdiction.

      (k) Is determined to be professionally incompetent by the board.


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ê1981 Statutes of Nevada, Page 938 (Chapter 480, SB 231)ê

 

      (l) Has violated any provision of this chapter or the board’s regulations.

      Sec. 23.  NRS 640.190 is hereby amended to read as follows:

      640.190  1.  [A person registered under this chapter as a physical therapist shall not treat human ailments by physical therapy or otherwise except under the prescription and direction of a physician, unless such person is licensed in the State of Nevada to practice such treatment otherwise than by virtue of this chapter.] Physical therapists may treat only patients who are referred to them by a physician, chiropractor, dentist or podiatrist in the regular course of his practice, except that a physical therapist may perform an initial examination before such a referral if the person to be examined has been participating in an athletic activity at a school when a physician is not present.

      2.  Nothing in this chapter authorizes a physical therapist, whether registered or not, to practice medicine, osteopathic medicine, chiropractic or any other form or method of healing.

      3.  Any person violating the provisions of this section is guilty of a misdemeanor.

      Sec. 24.  NRS 640.230 is hereby amended to read as follows:

      640.230  To be eligible for licensing by the board as a [licensed] physical [therapy] therapist’s assistant, an applicant [shall:] must:

      1.  Be at least 18 years old.

      2.  Be of good moral character.

      3.  Have been graduated by an approved high school.

      4.  Have completed [a board-approved educational curriculum for a licensed physical therapy assistant.] and educational curriculum approved by the board for a physical therapist’s assistant.

      5.  Pass an examination conducted by the board or be entitled to licensing without examination as provided in NRS 640.270.

      Sec. 25.  NRS 640.240 is hereby amended to read as follows:

      640.240  1.  For the purposes of NRS 640.230, the board shall not approve any educational curriculum for a [licensed] physical [therapy] therapist’s assistant unless the curriculum includes elementary or intermediate courses in clinical, anatomical, biological and physical sciences and is [at] :

      (a) At least a 2-year program requiring a minimum of 60 academic semester credits at a college accredited by a recognized accrediting agency [.] ; or

      (b) A curriculum which is provided by the Armed Forces of the United States and has been approved by the American Physical Therapy Association.

      2.  The board may refuse to approve any educational curriculum for [a licensed physical therapy assistant that fails to] physical therapists’ assistants if the curriculum does not include such courses in theory and procedures as determined by the board to be necessary for [a licensed physical therapy assistant.] these assistants.

      Sec. 26.  NRS 640.250 is hereby amended to read as follows:

      640.250  Unless he is entitled to a license under NRS 640.270, a person who desires to be licensed as a [licensed physical therapy assistant shall:] physical therapist’s assistant must:

      1.  Apply to the board, in writing, on a [blank] form furnished by the board; [before commencing to act as a licensed physical therapy assistant.]

 


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ê1981 Statutes of Nevada, Page 939 (Chapter 480, SB 231)ê

 

the board; [before commencing to act as a licensed physical therapy assistant.]

      2.  [Embody] Include in the application evidence, under oath, satisfactory to the board, [of his possessing] that he possesses the qualifications [preliminary to examination] required by NRS 640.230 [.] other than having passed the examination; and

      3.  Pay to the board at the time of filing his application a fee [to be determined by the board, but not to exceed $50.] set by a regulation of the board in an amount of not more than $100.

      4.  Submit his fingerprints to the board with his application.

      Sec. 27.  NRS 640.260 is hereby amended to read as follows:

      640.260  1.  The board shall license as a [licensed] physical [therapy] therapist’s assistant each applicant who proves to the satisfaction of the board his [fitness] qualifications for a license.

      2.  The board shall issue to each such person [licensed as a licensed physical therapy assistant] a license, which [shall be] is prima facie evidence of [the rights of the person to whom it is issued] his right to represent himself as a [licensed physical therapy] physical therapist’s assistant and to practice as [a licensed physical therapy] that assistant.

      3.  Each physical therapist’s assistant shall display his current license in a location which is accessible to the public.

      Sec. 28.  NRS 640.270 is hereby amended to read as follows:

      640.270  The board may [, in its discretion,] license as a [licensed physical therapy] physical therapist’s assistant, without examination, on the payment of the required fee, an applicant [for licensing] who is [a] licensed [physical therapy assistant licensed] as a physical therapist’s assistant under the laws of another state or territory [which laws] whose requirements at the date of his licensure were substantially equal to the requirements in force in this state.

      Sec. 29.  NRS 640.280 is hereby amended to read as follows:

      640.280  1.  Every [licensed physical therapy assistant shall, during January 1972 and during January of every year thereafter, apply] physical therapist’s assistant must apply during July of each year to the board for an extension of his license and pay a fee of not more than [$25.] $50. A license that is not so extended [in the first instance before April 1, 1972, and thereafter before April 1 every year, shall automatically lapse.] before September 1 of the year automatically lapses.

      2.  The board may [, in its discretion,] revive and extend a lapsed license on the payment of all past unpaid extension fees not to exceed [$50.] $100.

      Sec. 30.  NRS 640.290 is hereby amended to read as follows:

      640.290  [Any] A person licensed [under NRS 640.220 to 640.300, inclusive, as a licensed physical therapy] as a physical therapist’s assistant [shall] may assist in the practice of physical therapy only under the direct supervision of a registered physical therapist, [in the State of Nevada] subject to the conditions and limitations of NRS [640.220] 640.230 to 640.300, inclusive.

      Sec. 31.  NRS 640.300 is hereby amended to read as follows:

      640.300  [A] Any person [who] :

      1.  Who is not licensed under NRS [640.220] 640.230 to 640.300, inclusive, as a [licensed] physical [therapy] therapist’s assistant [, or whose] ;

 


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ê1981 Statutes of Nevada, Page 940 (Chapter 480, SB 231)ê

 

inclusive, as a [licensed] physical [therapy] therapist’s assistant [, or whose] ;

      2.  Whose license has been suspended or revoked [, or whose] ; or

      3.  Whose license has lapsed and has not been revived,

and who uses in connection with his name the words or letters [“L.P.T.A.,” “Licensed Physical Therapy Assistant,”] “A.P.T.” or “Physical Therapist’s Assistant,” or any other letters, words or insignia indicating or implying that he is a [licensed] physical [therapy] therapist’s assistant, or who in any other way, orally, or in writing, or in print, by sign, directly, or by implication, represents himself as a [licensed physical therapy] physical therapist’s assistant, is guilty of a misdemeanor.

      Sec. 32.  NRS 640.010, 640.015, 640.130 and 640.220 are hereby repealed.

      Sec. 33.  The provisions of subsection 2 of section 16 of this act are not intended to apply to a person who was registered initially by the board before July 1, 1981, and complied with the educational requirements in effect at the time of that registration.

      Sec. 34.  Section 22 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

________

 

 

CHAPTER 481, AB 284

Assembly Bill No. 284–Committee on Government Affairs

CHAPTER 481

AN ACT relating to public works; limiting the requirements for performance bonds for public works; and providing other matters properly relating thereto.

 

[Approved June 3, 1981]

 

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

 

      Section 1.  NRS 339.025 is hereby amended to read as follows:

      339.025  1.  Before any contract, except one subject to the provisions of chapter 408 of NRS, exceeding [$2,000 for the construction, alteration or repair of] $5,000 for any project for the new construction, repair or reconstruction of any public building or other public work or public improvement of any contracting body is awarded to any contractor, he [shall furnish to the contracting body the following bonds, which shall] must furnish to the contracting body the following bonds which become binding upon the award of the contract to [such] the contractor:

      (a) A performance bond in an amount to be fixed by the contracting body, but not less than 50 percent of the contract amount, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract. [Such bond shall] The bond must be solely for the protection of the contracting body which awarded the contract.

      (b) A payment bond in an amount to be fixed by the contracting body, but not less than 50 percent of the contract amount. [Such bond shall] The bond must be solely for the protection of claimants supplying labor or materials to the contractor to whom the contract was awarded, or to any of his subcontractors, in the prosecution of the work provided for in such contract.


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ê1981 Statutes of Nevada, Page 941 (Chapter 481, AB 284)ê

 

or materials to the contractor to whom the contract was awarded, or to any of his subcontractors, in the prosecution of the work provided for in such contract.

      2.  Each of [such bonds shall] the bonds must be executed by one or more surety companies authorized to do business in the State of Nevada. If the contracting body is the State of Nevada or any officer, employee, board, bureau, commission, department, agency or institution thereof, [such bonds shall be] the bonds must be payable to the State of Nevada. If the contracting body is other than one of those enumerated in this subsection, [such bonds shall be payable to such] the bonds must be payable to the other contracting body.

      3.  Each of [such bonds shall] the bonds must be filed in the office of the contracting body which awarded the contract for which [such] the bonds were given.

      4.  Nothing in this section prohibits a contracting body from requiring bonds.

      Sec. 2.  NRS 309.340 is hereby amended to read as follows:

      309.340  1.  After adopting a plan for such works as are proposed, or in conjunction with the issuance of general obligation bonds (but either before or after such issuance), the board of directors shall cause notice to be given by the secretary by publication thereof for not less than 2 weeks in a newspaper published in the county in which the district was organized, and in such other publications or newspapers as it may deem advisable, calling for bids for the construction of such works or any portion thereof. If less than the whole work is advertised, then the portions so advertised must be particularly described in such notice. The notice [shall] must set forth that the plans and specifications can be seen at the office of the board, that the board will receive sealed proposals for the construction of the proposed works, and that a contract therefor will be let to the lowest responsible bidder, subject to the right of the board to reject any and all bids, stating the time and place for opening the bids.

      2.  At the time and place appointed the bids [shall] must be opened in public and as soon as convenient thereafter the board shall accept a bid or bids and contract for the construction of the works, either in portions or as a whole, or it may reject any and all bids and readvertise for proposals.

      3.  In case of necessity, the board of directors, by unanimous vote of those present at any regular or special meeting, may contract for the construction or repair of any part of the system of works, and may in the ordinary course of business purchase any necessary machinery or materials in such amount in one transaction as will not exceed an amount equal to 5 cents for each acre of land in the district.

      4.  If a contract is not subject to the provisions of chapter 408 of NRS and provides for work exceeding [$2,000,] $5,000, any person or persons to whom such a contract may be awarded shall furnish to the district a performance bond and a payment bond as provided in NRS 339.025. The work [shall] must be done under the direction and to the satisfaction of the engineer employed by the district and approved by the board.

 

________

 

 


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ê1981 Statutes of Nevada, Page 942ê

 

CHAPTER 482, AB 167

Assembly Bill No. 167–Committee on Government Affairs

CHAPTER 482

AN ACT relating to local government; simplifying and unifying the procedures for issuing bonds and other evidences of indebtedness; providing specifically for installment purchases; limiting certain activities of financial consultants; extending the authority to advance from the general fund money for improvements to be repaid from special assessments; and providing other matters properly relating thereto.

 

[Approved June 3, 1981]

 

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

 

      Section 1.  Chapter 350 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  A transaction whereby a municipality acquires real or personal property and another person acquires or retains a security interest in that property creates a general obligation of the municipality which must be counted against any limit upon its debt unless:

      (a) The obligation by its terms is extinguished by failure of the governing body to appropriate money for the ensuing fiscal year for payment of the amounts then due; or

      (b) The budget of the municipality for the fiscal year in which the transaction occurs includes a provision for the discharge of the obligation in full.

      2.  Any member of the governing body may vote upon such a transaction whether or not the obligation incurred is expected to extend beyond his term of office, without any special notice or other formality.

      3.  Any such transaction is subject to the requirements of this chapter for an election if it must be counted against a debt limit, but is not subject to any other requirement of this chapter.

      Sec. 3.  1.  Except as permitted by this section, no person who for compensation advises a municipality concerning the acquisition of a project to be financed in whole or in part by issuing general or special obligations of the municipality, or concerning the issuance or sale of those obligations, may purchase any of them from the municipality. This subsection does not prohibit:

      (a) One who performs work or furnishes property for the project from accepting municipal obligations in payment for his work or property.

      (b) An adviser from purchasing municipal obligations at a public sale if such a purchase is authorized by prior written agreement.

      (c) An adviser from purchasing municipal obligations at a private sale if he has:

             (1) Terminated his status as adviser in writing and at or after this termination the municipality has consented in writing to the purchase; and

             (2) Disclosed in writing to the municipality at or before this termination the possibility of a conflict of interest on his part and the source and anticipated amount of all his remuneration, in addition to his compensation as adviser, with respect to the obligations to be sold, and the municipality has acknowledged in writing the receipt of these disclosures.

      2.  If municipal obligations are to be issued to refund others already outstanding, no person may accept any compensation for advice unless the compensation is fixed in advance, but such a person may purchase the refunding obligations.


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ê1981 Statutes of Nevada, Page 943 (Chapter 482, AB 167)ê

 

the compensation is fixed in advance, but such a person may purchase the refunding obligations.

      Sec. 4.  NRS 350.004 is hereby amended to read as follows:

      350.004  1.  Before any proposal to issue general [obligation bonds] obligations may be submitted to the electors of a [county, city, town, school district, or other district or political subdivision (excluding the state) pursuant to this chapter or chapters 318 and 387 of NRS or any other law,] municipality, or before any other formal action may be taken preliminary to the issuance of any general [obligation bonds,] obligations, their proposed issuance must receive the favorable vote of a majority of the members of the general obligation bond commission of the county in which it is situated. In the case of a school district or other district embracing all or part of [two or more counties,] a county, the proposal must receive such a favorable vote in [the county or counties in which a majority of its assessed valuation is situated.] that county.

      2.  Before the board of trustees of a district organized or reorganized pursuant to chapter 318 of NRS borrows money or issues securities other than general [obligation bonds] obligations to evidence such borrowing, the proposed borrowing or issuing of securities must receive the favorable vote of a majority of the members of the general obligation bond commission of [the] each county in which it is situated. [In the case of a district embracing all or part of two or more counties, the proposal must receive such favorable vote in the county or counties in which a majority of its assessed valuation is situated.]

      3.  When any municipality other than a general improvement district issues any special obligations, it shall so notify in its annual report the general obligation bond commission of each county in which any of its territory is situated.

      Sec. 5.  NRS 350.005 is hereby amended to read as follows:

      350.005  1.  The governing body of the [political subdivision (excluding the state)] municipality proposing to issue general [obligation bonds] obligations and the board of trustees of a general improvement district proposing to borrow money and issue other securities pursuant to NRS 318.275 shall notify the secretary of each appropriate commission, and shall submit a statement of its proposal in sufficient number of copies for each member of the commission. The secretary, with the approval of the chairman, shall thereupon, within 10 days, give notice of a meeting to be held not less than 10 nor more than 20 days thereafter. He shall provide a copy of the proposal to each member with the notice of the meeting.

      2.  The commission may grant a conditional or provisional approval of such proposal. Such conditions or provisions are limited, however, to the scheduling of the issuance and retirement of securities. The commission may adjourn a meeting called to consider a particular proposal no more than once, for no more than 10 days. Notification of the approval or disapproval of its proposal shall be sent to the governing body within 3 days after the meeting.

      3.  A proposal which has been disapproved may not be resubmitted until after the expiration of 90 days from the date of the meeting.

      Sec. 6.  NRS 350.020 is hereby amended to read as follows:

      350.020  1.  [Whenever any municipal corporation in the State of Nevada proposes to issue bonds or provide for loans in any amount within the limit of indebtedness authorized by law, after compliance with the provisions of NRS 293.481,] Except as otherwise permitted by subsection 2, when any municipality proposes to issue or incur general obligations, the proposal [for the bond issue or loan shall] must be submitted to the electors of the [municipal corporation] municipality at a general election or a special election called for that purpose.


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

ê1981 Statutes of Nevada, Page 944 (Chapter 482, AB 167)ê

 

Nevada proposes to issue bonds or provide for loans in any amount within the limit of indebtedness authorized by law, after compliance with the provisions of NRS 293.481,] Except as otherwise permitted by subsection 2, when any municipality proposes to issue or incur general obligations, the proposal [for the bond issue or loan shall] must be submitted to the electors of the [municipal corporation] municipality at a general election or a special election called for that purpose.

      2.  [The provisions of NRS 350.010 to 350.070, inclusive, shall not be applicable:

      (a) To incorporated cities organized or reorganized and existing under the provisions of any special legislative act or special charter enacted or granted pursuant to the provisions of section 1 of article 8 of the constitution of the State of Nevada; or

      (b) To incorporated cities or incorporated towns organized or reorganized and existing under charters originally framed and adopted (and regardless of any amendments thereof or the method of amendment) by the electors thereof pursuant to section 8 of article 8 of the constitution of the State of Nevada.

      3.  Nothing contained in this section shall prevent the adoption of the provisions of NRS 350.010 to 350.070, inclusive, by reference thereto in any such act, any such special charter, other such charter, or ordinance or resolution of any such city or any such town.] If payment of a general obligation of the municipality is additionally secured by a pledge of gross or net revenues of a project to be financed by its issue, and the governing body determines that the pledged revenues will at least equal the amount required in each year for the payment of interest and principal, without regard to any option reserved by the municipality for early redemption, the municipality may incur this general obligation without an election unless, within 30 days after publication of a resolution of intent to issue the bonds, a petition is presented to the governing body signed by not fewer than 5 percent of the registered voters of the municipality who together with any corporate petitioners own not less than 2 percent in assessed value of the taxable property of the municipality. The determination by the governing body becomes conclusive on the last day for filing the petition. For the purpose of this subsection, the number of registered voters must be determined as of the close of registration for the last preceding general election and assessed values must be determined from the next preceding final assessment roll. An authorized corporate officer may sign such a petition whether or not he is a registered voter. The resolution of intent need not be published in full, but the publication must include the amount of the obligation and the purpose for which it is to be incurred. Publication must be made once in a newspaper of general circulation in the municipality.

      3.  A municipality may issue special obligations without an election.

      Sec. 7.  NRS 350.022 is hereby amended to read as follows:

      350.022  1.  Whenever a [municipal corporation] municipality by ordinance or resolution, as the governing body may determine, has ordered an election for the submission of a [bond question or other loan] proposal [,] to issue or incur general obligations, the clerk shall cause notice of the election to be published in some newspaper printed in and having a general circulation in the [municipal corporation] municipality once in each calendar week for 2 successive calendar weeks by two weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the date of the election.


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ê1981 Statutes of Nevada, Page 945 (Chapter 482, AB 167)ê

 

and having a general circulation in the [municipal corporation] municipality once in each calendar week for 2 successive calendar weeks by two weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the date of the election.

      2.  If no newspaper is printed in the [municipal corporation,] municipality, then publication of the notice of election [shall] must be made in some newspaper printed in the State of Nevada and having a general circulation in the [municipal corporation.] municipality.

      Sec. 8.  NRS 350.024 is hereby amended to read as follows:

      350.024  1.  Except as provided in subsection [3,] 2, the notice of election [shall] must contain:

      (a) The time and places of holding the election.

      (b) The hours during the day in which the polls will be open, which [shall] must be the same as provided for general elections.

      (c) The purposes for which the [bonds] obligations are to be issued or [the loan is otherwise to be] incurred.

      (d) The maximum amount of the [bonds or the loan.] obligations.

      (e) [The maximum rate of interest.

      (f)] The maximum number of years which the [bonds] obligations are to run. [or the maximum term of the loan.]

      2.  Any election called pursuant to NRS [350.010] 350.020 to 350.070, inclusive, may be consolidated with a general election.

      [3.]  If the election is consolidated with the general election, a primary election, or a municipal election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election [shall] will be the same as those provided for the [general] election [.] with which it is consolidated.

      3.  If the election is a special election, the notice must contain the date on which registration closes.

      Sec. 9.  NRS 350.030 is hereby amended to read as follows:

      350.030  1.  [The election officers of the municipal corporation who are charged with the duty of providing for and conducting the election shall provide printed ballots for the use of the voters entitled to vote at the election.] If the election is not consolidated with another election, the municipality shall pay the expenses of conducting it. Any [bond question or other loan] proposal to issue or incur general obligations may be submitted on the same ballot as otherwise used at [the] a general election, [if any,] or may be submitted by separate ballot, as the governing body may determine.

      2.  [There shall be printed on all ballots:

      (a) Instructions respecting the manner of marking the ballots.

      (b) A statement of the proposal to be voted upon.] No defect in the statement of such a proposal other than in the statement of the maximum amount [of the bonds or other statement of the maximum amount of the loan] to be authorized [shall invalidate the bonds or other loan.] invalidates the proposal.

      3.  The qualifications of voters, the manner of registration and voting, and the manner of counting the votes cast are governed by the general election laws insofar as those laws can reasonably be made applicable.

      Sec. 10.  NRS 350.070 is hereby amended to read as follows:


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

ê1981 Statutes of Nevada, Page 946 (Chapter 482, AB 167)ê

 

      350.070  1.  If a majority of the electors voting on the [bond] question [or other proposal to incur the loan] is in favor of the proposal submitted, the proposal [shall have been] is carried, and the proper officers of the [municipal corporation shall, in the manner provided by law or in the manner expressed in the notice of the election,] municipality shall proceed to [complete the printing, execution, advertisement and sale of the bonds or otherwise to incur the loan.] issue or incur the obligations proposed.

      2.  If the majority of the electors voting on the [bond] question [or other proposal to incur the loan] is against the proposal submitted, the proposal [shall have failed,] fails, and the proper officers of the [municipal corporation] municipality shall proceed no further [with the printing, execution, advertisement or sale of the bonds, but they shall] except to certify the result of the election to the proper officers [, board or governing board] of the [municipal corporation.] governing body.

      3.  Except as otherwise specifically provided in NRS 350.030, any informality, omission or defect in the giving of any notice or the conduct of the election does not affect the result of the election if it can be ascertained with reasonable certainty whether the proposal was approved or rejected by a majority of the registered voters voting on the question.

      Sec. 10.5.  NRS 350.360 is hereby amended to read as follows:

      350.360  Wherever used in NRS 350.350 to 350.490, inclusive, unless a different meaning clearly appears from the context:

      1.  “Governing body” means the board of county commissioners, city council, city commission, board of supervisors, town council, town board, board of directors or board of trustees of a district, or other local legislative body [by whatever name known] of a municipality.

      2.  [“Municipality” means:

      (a) A county.

      (b) An incorporated city or an incorporated town.

      (c) An unincorporated town or an unincorporated city.

      (d) An improvement district authorized to acquire and operate a sewer system or a water system or both such systems pursuant to the provisions of NRS 309.030 and all laws supplemental thereto.

      (e) A general improvement district authorized to furnish sanitary sewer facilities or water facilities or both such facilities pursuant to the provisions of NRS 318.116 and all laws supplemental thereto.

      (f) Any other district or other type political subdivision of the state which is authorized by law any undertaking.

      3.]  “Undertaking” includes the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed: Systems, plants, works, instrumentalities and properties used or useful in connection with:

      (a) The obtaining of a water supply and the conservation, treatment and disposal of water for public and private uses.

      (b) The collection, treatment and disposal of sewage, waste and storm water, together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, sewage disposal plants, intercepting sewers, trunk, connection and other sewer and water mains, filtration works, pumping stations and equipment.


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

ê1981 Statutes of Nevada, Page 947 (Chapter 482, AB 167)ê

 

      Sec. 11.  NRS 350.380 is hereby amended to read as follows:

      350.380  [1.] The acquisition, construction, reconstruction, improvement, betterment or extension of any undertaking and the issuance, in anticipation of the collection of the revenues of such undertaking, of bonds to provide funds to pay the cost thereof may be authorized under NRS 350.350 to 350.490, inclusive, by ordinance or resolution of the governing body, which may be adopted at a regular meeting by a vote of a majority of the members elected to the governing body.

      [2.  Before such ordinance or resolution shall become effective or any bonds issued thereunder may be in any respect a valid obligation of the municipality or undertaking, the proposal for such bond issue or loan shall be submitted to, and carried by a majority vote of, the registered qualified electors of the municipality voting thereon at a general or special election called for that purpose in the manner prescribed by the provisions of NRS 350.010 to 350.070, inclusive.]

      Sec. 12.  NRS 350.504 is hereby amended to read as follows:

      350.504  [The following terms, defined for all purposes of the Local Government Securities Law and of] As used in this chapter and in any act [amendatory thereof,] supplemental [thereto] or relating thereto, and [of] in any instrument or document appertaining thereto, unless the context otherwise requires, [have the meanings ascribed to them] the words and terms defined in NRS 350.506 to 350.566, inclusive [.] , have the meanings ascribed to them in those sections.

      Sec. 13.  NRS 350.538 is hereby amended to read as follows:

      350.538  1.  “Municipality” means any county, any incorporated city or town (including without limitation any city or town organized under the provisions of a special legislative act or other special charter), any unincorporated city or town, any school district, or any quasi-municipal district (including without limitation any district governed by Title 25 of NRS) of this state [.] , or any other public agency authorized to issue general or special obligations on behalf of any of these. Where the context so indicates, “municipality” means the geographical area comprising the municipality.

      2.  Municipality does not include an irrigation district or other special district governed by Title 48 of NRS.

      Sec. 13.2.  NRS 350.618 is hereby amended to read as follows:

      350.618  Before selling any municipal securities publicly, the governing body shall:

      1.  Cause a notice calling for bids for the purchase of the securities to be published at least once [a week for 4 consecutive weeks by 4 weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding] at least 10 days before the date of sale, in a newspaper published within the boundaries of the municipality, or if there is no such newspaper, in a newspaper having general circulation therein.

      2.  Cause such other notice to be given as the governing body may direct.

      3.  Cause, at least [3 weeks prior to] 1 week before the date fixed for the sale, a copy of the notice to be mailed to the department of taxation.

      Sec. 13.3.  NRS 350.626 is hereby amended to read as follows:

      350.626  1.  If a bid is accepted, the deposits of all other bidders [shall] must be thereupon returned.


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ê1981 Statutes of Nevada, Page 948 (Chapter 482, AB 167)ê

 

[shall] must be thereupon returned. If all bids are rejected, all deposits [shall] must be returned forthwith.

      2.  If the successful bidder fails or neglects to complete the purchase of the securities within 30 days following the acceptance of his bid, or within 10 days after the bonds are made ready and are tendered by the municipality for delivery, whichever is later, the amount of his deposit [shall be] is forfeited to the municipality (but no bidder [shall forfeit such] forfeits his deposit whenever the securities are not ready and so tendered for delivery within 60 days from the date of the acceptance of his bid), and the governing body may accept the bid of the person making the next best bid.

      3.  If all bids are rejected or if no bid is received, the governing body may readvertise the securities for sale in the same manner as provided for the original advertisement or may sell the securities privately [within a period not exceeding 90 days from the date designated in the notice of sale when sealed bids for the purchase of the securities were advertised to be received and opened publicly.] upon any terms not inconsistent with the other provisions of this chapter.

      Sec. 13.4.  NRS 350.630 is hereby amended to read as follows:

      350.630  1.  As the governing body may determine, any bonds and other municipal securities issued hereunder, except as otherwise provided in the Local Government Securities Law, or in any act supplemental thereto, [shall:] must:

      (a) Be of a convenient denomination or denominations;

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

      (c) Mature at such time or serially at such times in regular numerical order at annual or other designated intervals in amounts designated and fixed by the governing body, except as herein otherwise provided;

      (d) Bear interest at a rate or rates of not more than 9 percent per annum, payable annually, semiannually or at other designated intervals, but the first interest payment date may be for interest accruing for any other period;

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

      (f) Be printed at such place, within or without this state, as the governing body may determine.

      2.  General obligation bonds [shall mature serially] must mature within not exceeding 30 years from their respective dates and, if they mature serially, commencing not later than the [third] fifth year thereafter, in such manner as the governing body may determine.

      3.  Special obligation bonds [shall] must mature within not exceeding 50 years from their respective dates.

      Sec. 13.6.  NRS 350.694 is hereby amended to read as follows:

      350.694  1.  No bonds may be refunded [hereunder unless they have been outstanding for at least 1 year from the date of their delivery and] under this chapter unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within [15] 25 years from the date of issuance of the refunding bonds.


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ê1981 Statutes of Nevada, Page 949 (Chapter 482, AB 167)ê

 

of issuance of the refunding bonds. Provision [shall] must be made for paying the securities within [such] that period of time.

      2.  No maturity of any bond refunded may be extended [over 15] more than 25 years, or beyond 1 year next following the date of the last outstanding maturity, whichever limitation is later, nor may any interest on any bond refunded be increased to any rate exceeding 9 percent per annum.

      3.  The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed [such] those unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. Principal may also then be increased to that extent. In no event, however, in the case of any bonds constituting a debt [shall] may the principal of the bonds be increased to any amount in excess of any municipal debt limitation.

      4.  The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.

      5.  If at the time of the issuance of any issue of general obligation refunding bonds provision is not made for the redemption of all the outstanding bonds of the or each issue refunded, as the case may be, by the use of proceeds of the refunding bonds and any other moneys available for such redemption, the general obligation refunding bonds may mature but are not required to mature serially commencing not later than the third year after their respective dates in accordance with subsection 2 of NRS 350.630.

      Sec. 14.  NRS 244A.057 is hereby amended to read as follows:

      244A.057  Any board, upon behalf of the county and in its name, [without any election, is authorized and empowered to] may acquire, improve, equip, operate and maintain, within the county:

      1.  A building project;

      2.  A drainage and flood control project;

      3.  An offstreet parking project;

      4.  An overpass project;

      5.  A park project;

      6.  A street project; and

      7.  An underpass project.

      Sec. 15.  NRS 244A.291 is hereby amended to read as follows:

      244A.291  It is hereby declared as a matter of legislative determination [:

      1.  That] that the acquisition, improvement, equipment, operation and maintenance of any street beautification project [authorized in NRS 244A.291 to 244A.439, inclusive,] is in the public interest and is of special benefit to the property assessed to defray the cost thereof.

      [2.  That the notices provided in NRS 244A.291 to 244A.439, inclusive, are reasonably calculated to inform each interested person of his legally protected rights.]

      Sec. 16.  NRS 244A.333 is hereby amended to read as follows:

      244A.333  [“Street] As used in NRS 244A.291 to 244A.343, inclusive, “street beautification project” means the beautification of any street, avenue, boulevard, alley, parkway, highway or other public right of way used primarily for vehicular traffic, including without limitation paving, median strips, crosswalks, street dividers, sidewalks, curbs, gutters, storm sewers, sanitary sewers, drains, covered walkways or areas, street-lighting facilities, water-distribution and irrigation systems, vehicular parking areas, retaining walls, landscaping, tree planting, shrubbery, foliage, fountains, waterfalls, decorative structures, benches, information booths, restrooms, signs, and other structures, works, and any other project or facility authorized by the [County] Consolidated Local Improvements Law pertaining thereto, including the reconstruction and relocation of existing municipally owned works, improvements or facilities on such streets.


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ê1981 Statutes of Nevada, Page 950 (Chapter 482, AB 167)ê

 

street, avenue, boulevard, alley, parkway, highway or other public right of way used primarily for vehicular traffic, including without limitation paving, median strips, crosswalks, street dividers, sidewalks, curbs, gutters, storm sewers, sanitary sewers, drains, covered walkways or areas, street-lighting facilities, water-distribution and irrigation systems, vehicular parking areas, retaining walls, landscaping, tree planting, shrubbery, foliage, fountains, waterfalls, decorative structures, benches, information booths, restrooms, signs, and other structures, works, and any other project or facility authorized by the [County] Consolidated Local Improvements Law pertaining thereto, including the reconstruction and relocation of existing municipally owned works, improvements or facilities on such streets.

      Sec. 17.  NRS 244A.343 is hereby amended to read as follows:

      244A.343  The board of county commissioners of each county, upon behalf of the county and in its name, without any election, [shall have power] may from time to time [to acquire,] :

      1.  Acquire, improve, equip, operate and maintain one or more street beautification projects [.] ;

      2.  Levy assessments against assessable property within the county to defray all or any portion of the cost thereof which is not to be defrayed with money available therefor from the general fund, any special fund, or otherwise; and

      3.  Cause the assessments so levied to be collected.

      Sec. 18.  NRS 244A.445 is hereby amended to read as follows:

      244A.445  For any such purpose, the board, at any time or from time to time, in the name and on the behalf of the county may:

      1.  Issue: [, in the manner provided in NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended:]

      (a) General obligation bonds, payable from taxes; and

      (b) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of such recreational facilities, and, if so determined by the board, further secured by a pledge of such other gross or net revenues as may be derived from any other income-producing project of the county or from any license or other excise taxes levied for revenue, as may be legally made available for their payment;

      2.  Issue [, in the manner provided in NRS 350.010 to 350.070, inclusive, as from time to time amended,] revenue bonds payable solely from the gross or net revenues to be derived from the operation of such recreational facilities, as the board may decide; and

      3.  Make [such] a contract creating an indebtedness with the United States of America, or any agency or instrumentality thereof, or any other person or agency, public or private, if a question authorizing such contract is submitted to and approved by [majorities of the qualified] the electors of the county in the manner provided for a [bond] question in NRS [350.010] 350.020 to 350.070, inclusive. [, as from time to time amended.]

      Sec. 19.  NRS 244A.507 is hereby amended to read as follows:

      244A.507  [1.] The county may also for the purpose of acquiring facilities:


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

ê1981 Statutes of Nevada, Page 951 (Chapter 482, AB 167)ê

 

      [(a)]1.  Borrow money and issue county securities [, without an election, unless a petition signed by a number of registered voters equal to 10 percent or more of the voters who voted at the last preceding general county election requests an election,] evidencing any loan to or amount due by the county, provide for and secure the payment of any county securities and the rights of the holders thereof, and purchase, hold and dispose of county securities. [If an election is required, it shall be conducted in accordance with the provisions set forth in NRS 350.010 to 350.070, inclusive.

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

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

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

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

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

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

      Sec. 20.  NRS 244A.559 is hereby amended to read as follows:

      244A.559  1.  The payment of county or state securities or any other obligations of the county or state shall not be secured by an encumbrance, mortgage or other pledge of property of the county or state, except for its pledged revenues, proceeds of taxes, proceeds of assessments, and any other [moneys] money pledged for the payment of the securities or such other obligations.


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ê1981 Statutes of Nevada, Page 952 (Chapter 482, AB 167)ê

 

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

      2.  No property of the county or the state, except as provided in [paragraph (e) of subsection 1] subsection 5 of NRS 244A.507 and in subsection 1 of this section, is liable to be forfeited or taken in payment of any county or state securities or other obligations of the county or the state.

      Sec. 21.  NRS 244A.637 is hereby amended to read as follows:

      244A.637  1.  For [any such purpose,] the acquisition of any recreational facilities authorized in NRS 244A.597 to 244A.655, inclusive, the county fair and recreation board, at any time or from time to time, in the name and on the behalf of the county may:

      (a) Issue: [, in the manner provided in NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended:]

             (1) General obligation bonds, payable from taxes; and

             (2) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of such recreational facilities, and, if so determined by the board, further secured by a pledge of such other gross or net revenues as may be derived from any other income-producing project of the county or from any license or other excise taxes levied for revenue by the county, or otherwise, as may be legally made available for their payment;

      (b) Issue [, in the manner provided in NRS 350.010 to 350.070, inclusive, as from time to time amended,] revenue bonds payable solely from the net revenues to be derived from the operation of such recreational facilities, as the board may decide; and

      (c) Make [such] a contract with the United States of America, or any agency or instrumentality thereof, or any other person or agency, public or private, creating an indebtedness if a question authorizing such contract is submitted to and approved by majorities of the qualified electors of the county in the manner provided [for a bond question] in NRS [350.010] 350.020 to 350.070, inclusive. [, as from time to time amended.]

      2.  The election board shall make [their] its returns to the secretary of the county fair and recreation board either directly or indirectly through the county clerk, as the county fair and recreation board may provide.

      Sec. 22.  NRS 266.290 is hereby amended to read as follows:

      266.290  1.  The city council may acquire or establish any public utility in the manner provided in this section.

      2.  The council shall enact an ordinance which [shall] must set forth fully and in detail:

      (a) The public utility proposed to be acquired or established.

      (b) The estimated cost thereof, as shown by the report approved by the council and mayor, of an engineer or body theretofore appointed by the council for that purpose.


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ê1981 Statutes of Nevada, Page 953 (Chapter 482, AB 167)ê

 

      (c) The proposed [bonded indebtedness to be incurred therefor, and the terms, amount, rate of interest and time within which redeemable and on what fund.] manner and terms of payment.

      3.  Such ordinance [shall] must be published in full at least once a week for 4 successive weeks in some newspaper of general circulation published in the city.

      4.  At the first regular meeting of the council, or any adjournment thereof, after the completion of the publication, the council may proceed to enact an ordinance for such purpose which [shall] must conform in all respects to the terms and conditions of the previously published ordinance, unless a petition [shall be] is presented to it, signed by not less than 15 percent of the qualified electors of the city, as shown by the last preceding registration list, and representing not less than 10 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll, praying for a special election in the city upon the question of whether or not the proposed ordinance [shall] is to be passed. Thereupon, no such proposed ordinance [shall] may be enacted or be valid or effective for any purpose whatsoever, unless at a special election called and held for the purpose a majority of the votes cast are for the ordinance.

      Sec. 23.  NRS 266.600 is hereby amended to read as follows:

      266.600  The city council [shall have the power:

      1.  To control] may:

      1.  Control the finances of the corporation.

      2.  [To appropriate] Appropriate money for corporate purposes only, and [to] provide for payment of debts and expenses of the corporation.

      3.  [To levy] Levy and collect taxes within the city for general and special purposes on real and personal property, as provided by law.

      4.  [To borrow] Borrow money on the credit of the city for corporate purposes, in the manner and to the extent allowed by the constitution and the laws, and [to] issue general [obligation bonds] obligations therefor, [in such amounts and forms and on such conditions as the council shall determine; provided:

      (a) That] but no city [shall] may issue or have outstanding at any time bonds to an amount in excess of 30 percent of the total assessed valuation of the taxable property within such city as shown by the last preceding tax list or assessment roll, nor warrants, certificates, scrip or other evidences of indebtedness, excepting the bonded indebtedness, in excess of 20 percent of the assessed valuation. [; and

      (b) That nothing herein contained shall be construed to] This subsection does not restrict the power of cities as to taxation, assessment, borrowing money, contracting debts or loaning their credit for procuring supplies of water.

      5.  [To issue general obligation bonds (other than refunding bonds) in the manner provided in NRS 350.001 to 350.006, inclusive, 350.010 to 350.070, inclusive, and the Local Government Securities Law, as from time to time amended, to issue general obligation refunding bonds and other general obligation securities for other corporate purposes, to borrow money, otherwise to become obligated, to secure] Secure additionally the payment of any general obligation securities by a pledge of any revenues (other than tax proceeds) legally available therefor.


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ê1981 Statutes of Nevada, Page 954 (Chapter 482, AB 167)ê

 

any revenues (other than tax proceeds) legally available therefor. [, and otherwise to proceed as provided in the Local Government Securities Law, as from time to time amended.

      6.  To divide]6.  Divide the city into districts for the purpose of local taxation, or to create districts for that purpose, as occasion may require.

      7.  [To raise] Raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city, and [to] regulate [the same] it by ordinance. All such license fees and taxes [shall] must be uniform in respect to the class upon which they are imposed.

      8.  [To fix] Fix the amount of licenses and the terms and manner of their issuance.

      Sec. 24.  NRS 267.505 is hereby amended to read as follows:

      267.505  [Notwithstanding any provisions to the contrary in any other law, the] The governing body of any municipality, on its behalf and in its name, is authorized:

      1.  To request the Federal Government to undertake any project for the municipality; and

      2.  To negotiate for, to obtain and enter into, and to cause to be executed such contracts, documents and other instruments as are necessary or appropriate to carry such requests into effect, subject to the approval by the qualified electors of the municipality of a question authorizing the incurrence of an indebtedness by the municipality by making such an agreement in the manner provided [for the approval of a bond question] in NRS [350.010 to 350.070, inclusive, as from time to time amended.] 350.020 to 350.070, inclusive.

      Sec. 25.  NRS 268.732 is hereby amended to read as follows:

      268.732  [1.]  For the purpose of defraying wholly or in part the cost of the acquisition, improvement and equipment (or any combination thereof) of any project or projects herein authorized, the governing body of any municipality, at any time or from time to time, in the name and on the behalf of the municipality, may issue: [, in the manner provided in NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended, except as otherwise provided in subsection 2:

      (a)] 1.  General [obligation bonds,] obligations, payable from taxes; [and

      (b)] 2.  General [obligation bonds,] obligations, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of such capital improvements, and if so determined by the governing body of the municipality further secured by a pledge of such other gross or net revenues as may be derived from any other income-producing project of the municipality or from any license or other excise taxes levied by the municipality for revenue, as may be legally made available for their payment [.

      2.  Any municipality organized and existing under any special legislative act or special charter enacted or granted pursuant to section 1 of article 8 of the constitution of the State of Nevada or under a charter framed and adopted by the electors of the municipality as permitted by section 8 of such article 8 of the constitution of the State of Nevada and a supplemental enabling act, may issue any such bonds without any compliance with NRS 350.010 to 350.070, inclusive, if such charter provides a procedure for issuing general obligation bonds of the municipality by the municipality publishing a notice of its intent to issue the bonds without an election in the absence of a referendum petition being filed and requiring an election, and if the bonds herein authorized are authorized to be issued in at least substantial compliance with such charter provisions.]


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ê1981 Statutes of Nevada, Page 955 (Chapter 482, AB 167)ê

 

and a supplemental enabling act, may issue any such bonds without any compliance with NRS 350.010 to 350.070, inclusive, if such charter provides a procedure for issuing general obligation bonds of the municipality by the municipality publishing a notice of its intent to issue the bonds without an election in the absence of a referendum petition being filed and requiring an election, and if the bonds herein authorized are authorized to be issued in at least substantial compliance with such charter provisions.] ; and

      3.  Special obligations.

      Sec. 26.  NRS 269.410 is hereby amended to read as follows:

      269.410  For any such purpose, the town board or the board of county commissioners, at any time or from time to time, in the name and on the behalf of the town, may issue: [, in the manner provided in NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended:]

      1.  General [obligation bonds,] obligations, payable from taxes; [and]

      2.  General [obligation bonds,] obligations, payable from taxes, which payment is additionally secured by a pledge of gross or net revenues derived from the operation of such capital improvements, and, if so determined by the town board or the board of county commissioners, further secured by a pledge of such other gross or net revenues as may be derived from any other income-producing project of the town or from any license or other excise taxes levied by the town for revenue, as may be legally made available for their payment [.] ; and

      3.  Special obligations.

      Sec. 27.  Chapter 271 of NRS is hereby amended by adding thereto the provisions set forth as sections 28 to 31.6, inclusive, of this act.

      Sec. 28.  Where the cost of an improvement to be defrayed by special assessment does not exceed $150,000, the governing body may advance money to cover the cost of such improvement from the general fund of the municipality, in lieu of issuing bonds or interim securities.

      Sec. 29.  No special assessment to defray the cost of any improvement for which money advanced from the general fund of the municipality may be divided into more than 10 annual installments.

      Sec. 30.  If there is not sufficient money in the general fund of the municipality and if the requirements of chapter 354 of NRS, with respect to short-term financing, are met, money may be provided by short-term financing to cover the cost of an improvement made pursuant to section 28 of this act. In such case, the loan must be repaid from the special assessments made, in lieu of the special tax required by chapter 354 of NRS.

      Sec. 31.  1.  The governing body may authorize an improvement, the cost of which will be defrayed pursuant to sections 28 to 30, inclusive, of this act, if:

      (a) Owners of at least two-thirds of the tracts to be assessed consent to such improvement;

      (b) The owners of tracts to be assessed which represent at least two-thirds of the total amount of the assessment consent to such improvement; and


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ê1981 Statutes of Nevada, Page 956 (Chapter 482, AB 167)ê

 

      (c) The governing body holds a hearing and levies the assessment in the manner provided in NRS 271.380 to 271.395, inclusive.

      2.  The consent required pursuant to subsection 1 must be solicited by the governing body by sending to the owner of each tract to be assessed, by certified mail, documents containing:

      (a) A description of the proposed improvement and its expected cost.

      (b) The costs to be assessed against the owner to whom the document was addressed.

      (c) A form to be signed by such property owner if he desires to consent to the improvement.

      Sec. 31.5.  When all outstanding bonds, principal, interest and prior redemption premiums, if any, of a district have been paid, surplus amounts remaining in the special fund created for that district pursuant to NRS 271.490 must be refunded as follows:

      1.  If amounts have been advanced from the general fund of the municipality as required by NRS 271.495 for the payment of any bonds or interest thereon of such district, those amounts must first be returned to the general fund of the municipality.

      2.  If a surplus and deficiency fund has been established pursuant to section 31.6 of this act, and amounts have been advanced from the surplus and deficiency fund for the payment of bonds or interest thereon of such district, those amounts must be returned to the surplus and deficiency fund.

      3.  The treasurer shall thereupon determine the amount remaining in the fund created for the district pursuant to NRS 271.490 and deduct therefrom the amount of administrative costs of returning that surplus.

      4.  If the surplus is $10,000 or less, that amount plus the administrative expenses must be deposited to the surplus and deficiency fund.

      5.  If the surplus is more than $10,000, the treasurer shall apportion the surplus among the tracts of land assessed in such district, and shall report this apportionment to the governing body.

      6.  Upon the approval of this apportionment by the governing body, the treasurer shall thereupon give notice by mail and by publication of the availability of the surplus for refund.

      7.  The notice must also state that the owner or owners, current or otherwise, of each tract of land which was assessed, may request the refund of the surplus apportioned to such tract by filing a claim therefor with the treasurer within 60 days after the date of the mailing of the notice. Thereafter claims for such refunds are perpetually barred.

      8.  Surplus amounts, if any, remaining after the payment of all valid claims filed with the treasurer within the 60-day period must be transferred to the surplus and deficiency fund.

      9.  Valid claims for refund filed in excess of the surplus available for each separate tract may be apportioned ratably among the claimants by the treasurer.

      Sec. 31.6.  1.  When all outstanding bonds, principal, interest and prior redemption premiums, if any, of such a district have been paid and any surplus amounts remain in the fund established pursuant to NRS 271.490 to the credit of the district, the surplus after the payment of valid claims for refund, if any, must be transferred to a surplus and deficiency fund.


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ê1981 Statutes of Nevada, Page 957 (Chapter 482, AB 167)ê

 

fund. The governing body may, at any time, by resolution or by ordinance, authorize the deposit of any money otherwise available to the surplus and deficiency fund.

      2.  Whenever there is a deficiency in any fund established pursuant to NRS 271.490 for the payment of the bonds and interest thereon for any improvement district created pursuant to NRS 271.325 or former NRS 244A.193 or 318.070, the deficiency must first be paid out of the surplus and deficiency fund to the extent of the money available therein before any payment is made out of the general fund of the municipality as provided by NRS 271.495.

      3.  Amounts in the surplus and definciency fund which exceed 10 percent of the principal amount of outstanding bonds of the municipality for all improvement districts created pursuant to NRS 271.490 or former NRS 244A.193 or 318.070 at the end of each fiscal year may be used:

      (a) To make up deficiencies in any assessment which proves insufficient to pay for the cost of the project or work for which the assessment has been levied.

      (b) The advance amounts for the cost of any project or work in any district created pursuant to any of these sections.

      (c) To provide for the payment of assessments levied against, or attributable to, property owned by the municipality or the Federal Government.

      4.  At the end of each fiscal year any excess amount described in subsection 3 may be transferred to the general fund of the municipality as the governing body may direct by resolution.

      Sec. 32.  NRS 271.015 is hereby amended to read as follows:

      271.015  This chapter applies:

      1.  To any unincorporated city or unincorporated town.

      2.  To any incorporated city, including Carson City, or any incorporated town, whether incorporated or governed under a general act, special legislative act or special charter, enacted, adopted or granted pursuant to section 1 or 8 of article 8 of the constitution of the State of Nevada, or otherwise.

      3.  To any county for any project outside of any incorporated city.

      4.  To any county, city, or town for a project not specified in this chapter but which that municipality is otherwise authorized by law to acquire and defray its cost by special assessment, and to any other political subdivision of this state otherwise authorized by law to acquire a specified or described project and to defray its cost by special assessment. In such a case, this chapter provides the method of doing so, to the extent that a special procedure is not provided in the authorizing statute.

      Sec. 33.  NRS 271.115 is hereby amended to read as follows:

      271.115  1.  “Governing body” means the city council, city commission, board of county commissioners, board of trustees, board of directors, board of supervisors or other legislative body of the public body proceeding hereunder in which body the legislative powers of the public body are vested.

      2.  In the case of an unincorporated city or town, “governing body” means the board of county commissioners or, if appropriate, the town board.


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ê1981 Statutes of Nevada, Page 958 (Chapter 482, AB 167)ê

 

      Sec. 34.  NRS 271.145 is hereby amended to read as follows:

      271.145  1.  “Municipality” means any county, unincorporated city, unincorporated town, incorporated city or incorporated town in the state, including Carson City, whether incorporated or governed under a general act, special legislative act or special charter of any type [.] or other political subdivision to which this chapter applies.

      2.  “Municipality” does not include an irrigation district or other special district governed by Title 48 of NRS. “Municipal” pertains thereto. Where the context so indicates, “municipality” means the geographical area comprising the municipality.

      Sec. 35.  NRS 271.185 is hereby amended to read as follows:

      271.185  “Public body” means the State of Nevada, or any agency, instrumentality, or corporation thereof, or any municipality, [county,] school district, other type district, or any other subdivision of the state, excluding the Federal Government.

      Sec. 36.  NRS 271.265 is hereby amended to read as follows:

      271.265  1.  The governing body of a [municipality,] county, city or town, upon behalf of the municipality and in its name, without any election, [shall have power] may from time to time [to] acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

      (a) A curb and gutter project;

      (b) A drainage project;

      (c) An offstreet parking project;

      (d) An overpass project;

      (e) A park project;

      (f) A sanitary sewer project;

      (g) A sidewalk project;

      (h) A storm sewer project;

      (i) A street project;

      (j) An underpass project;

      (k) A water project; and

      (l) Any combination of such projects.

      2.  In addition to the power specified in subsection 1, the governing body of a [municipality] city having a commission form of government as defined in NRS 267.010, upon behalf of the municipality and in its name, without any election, [shall have power] may from time to time [to] acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

      (a) An electrical project;

      (b) A telephone project;

      (c) A combination of an electrical project and a telephone project;

      (d) A combination of an electrical project or a telephone project with any of the projects (or any combination thereof) specified in subsection 1; and

      (e) A combination of an electrical project and a telephone project with any of the projects (or any combination thereof) specified in subsection 1.

      Sec. 36.3.  NRS 271.430 is hereby amended to read as follows:

      271.430  [1.]  Should any assessment prove insufficient to pay for the project or work for which it is levied and the expense incident thereto, the amount of [such deficiency shall] the deficiency must be paid from the general fund of the municipality [.


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ê1981 Statutes of Nevada, Page 959 (Chapter 482, AB 167)ê

 

the project or work for which it is levied and the expense incident thereto, the amount of [such deficiency shall] the deficiency must be paid from the general fund of the municipality [.

      2.  If a greater amount has been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid.] to the extent that money is not available for its payment from the surplus and deficiency fund.

      Sec. 36.6.  NRS 271.495 is hereby amended to read as follows:

      271.495  1.  If the special fund created by the proceeds of the assessments is insufficient to pay such bonds and interest thereon as they become due and the amounts in the surplus and deficiency fund are not sufficient for that purpose, the deficiency [shall] must be paid out of any assets in the general fund of the municipality, regardless of source, which are otherwise legally available therefor.

      2.  If the general fund is insufficient to pay any such deficiency promptly, the governing body shall levy general (ad valorem) taxes upon all property in the municipality which is by law taxable for state, county and municipal purposes, without regard to any statutory or charter tax limitation [now or hereafter] existing [,] on or after May 14, 1965, and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the state.

      Sec. 37.  NRS 293.560 is hereby amended to read as follows:

      293.560  1.  Registration must close at 9 p.m. of the fifth Saturday preceding any primary election, at 9 p.m. of the fifth Saturday preceding any general election and at 9 p.m. of the third Saturday preceding any recall or special election.

      2.  Registration offices must be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m., including Saturdays, during the last days before the close of registration, according to the following schedule:

      (a) In counties which have a population less than 100,000, registration offices must be open during the last 3 days before registration closes;

      (b) In all other counties, registration offices must be open during the last 5 days before registration closes.

      3.  Except for a special election held pursuant to chapter 350 of NRS:

      (a) The county clerk of each county shall publish in a newspaper having a general circulation in the county a notice signed by him indicating the day that registration will be closed. If no such newspaper is published in the county, then the publication may be made in a newspaper of general circulation published in the nearest Nevada county.

      [4.](b) The notice must be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

      Sec. 37.5.  NRS 309.230 is hereby amended to read as follows:

      309.230  1.  The board may sell bonds from time to time in such quantities as may be necessary and most advantageous to raise money for the construction of works and the acquisition of property and rights and to otherwise carry out the objects and purposes of this chapter.

      2.  Before making any sale the board shall by resolution declare its intention to sell a specific number and amount of bonds, and if the bonds can be sold at par with accrued interest they may be disposed of without advertising; otherwise notice must be published for 3 weeks in a newspaper in the county in which the office of the district is situated, and in such other newspaper in or outside of the state as the board may deem expedient, that sealed proposals will be received at its office on or before a day and hour set in the notice for the purchase of the bonds.


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ê1981 Statutes of Nevada, Page 960 (Chapter 482, AB 167)ê

 

intention to sell a specific number and amount of bonds, and if the bonds can be sold at par with accrued interest they may be disposed of without advertising; otherwise notice must be published for 3 weeks in a newspaper in the county in which the office of the district is situated, and in such other newspaper in or outside of the state as the board may deem expedient, that sealed proposals will be received at its office on or before a day and hour set in the notice for the purchase of the bonds.

      3.  At the time appointed the board shall publicly open the proposals and sell the bonds to the highest responsible bidder, or it may reject all bids; but in case no bids are received, or in case no award is made, the board thereafter may either readvertise the bonds or any part thereof for sale or sell the bonds or any part thereof at private sale [.] , upon any terms not inconsistent with the other provisions of this chapter. In no event [shall] may the board sell any of the bonds for less than 90 percent of the par value thereof and accrued interest.

      4.  The board may use any bonds of the district which have been offered for sale at public sale and remain unsold in payment for construction of canals, storage reservoirs, or other works of the district, without the necessity of calling for bids for such construction, and may enter into contracts providing for the payment of such construction in bonds, which contracts may provide for the payment of a fixed contract price, or the cost of such construction plus a fixed percentage thereof, or the cost of such construction plus a fixed sum, in the discretion of the board, [provided that] but 90 percent of their par value and interest accrued thereon is the minimum price at which the bonds may be used in payment for such construction.

      5.  If for any reason the bonds of a district cannot be sold, or, if at any time it shall be deemed for the best interests of the district to withdraw from sale all or any portion of an authorized bond issue, the board of directors may, in its discretion, cancel the bonds and levy assessment in the amount of the bonds canceled. The revenue derived from the assessments must be employed for the same purpose as was contemplated by the bond authorization, but no levy may be made to pay for work or material, payment for which was contemplated by bonds which have been authorized, until bonds to the amount of the assessments have been canceled. Assessments made in lieu of bonds canceled must be collected in the same manner and have the same force and effect as other assessments levied under the provisions of this chapter; but such an assessment must not during any 1 year exceed 10 percent of the total bond issue authorized by the district, unless a greater assessment is authorized by a majority vote of the qualified electors of the district voting at a general election or a special election called for that purpose.

      Sec. 38.  NRS 318.325 is hereby amended to read as follows:

      318.325  1.  Subject to the limitations and other provisions in this chapter, a board of any district may issue on its behalf and in its name at any time or from time to time, as the board may determine, the following types of securities in accordance with the provisions of the Local Government Securities Law, except as otherwise provided in subsection [3:] 2:

      (a) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes;

      (b) General obligation bonds and other general obligation securities payable from general (ad valorem) property taxes, the payment of which securities is additionally secured by a pledge of and lien on net revenues;

 


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ê1981 Statutes of Nevada, Page 961 (Chapter 482, AB 167)ê

 

payable from general (ad valorem) property taxes, the payment of which securities is additionally secured by a pledge of and lien on net revenues;

      (c) Revenue bonds and other securities constituting special obligations and payable from net revenues, but excluding the proceeds of any general (ad valorem) property taxes or any special assessments, which payment is secured by a pledge of and lien on such net revenues; or

      (d) Any combination of such securities.

      2.  [The board may fund, refund or reissue any outstanding securities of the district of a type designated in subsection 1 in the same manner and subject to the same limitations as are provided by the Local Government Securities Law for securities governed by its provisions.

      3.]  General obligation or revenue bonds may be sold [for not less than the principal amount thereof and accrued interest thereon, or] at a discount [not exceeding 9 percent of the principal amount thereof and at a price which will not result in an effective interest rate of more than 9 percent per annum] only if the amount of discount permitted by the board has been capitalized as a cost of the project.

      Sec. 39.  NRS 318.350 is hereby amended to read as follows:

      318.350  Such part of the expenses of making any public improvement (to implement any one, all or any combination of basic powers stated in NRS 318.116 and granted to any district in proceedings for its organization or in any proceedings for its reorganization or as may be otherwise provided by law), as the board determines [,] by an affirmative vote of at least two-thirds of its members, may be defrayed by special assessments upon lands and premises abutting upon that part of the street or alley so improved or proposed so to be, or the lands abutting upon such improvement and such other lands as in the opinion of the board may be specially benefited by the improvement.

      Sec. 39.5.  NRS 354.440 is hereby amended to read as follows:

      354.440  1.  Whenever any governing board of any local government is authorized to enter into short-term financing as provided in NRS 354.430, the governing body may issue, as evidence thereof, negotiable notes or short-time negotiable bonds.

      2.  The negotiable notes or bonds [shall:] must:

      (a) Mature not later than 5 years from the date of issuance.

      (b) Bear interest not to exceed 9 percent per annum.

      (c) Be redeemable at the option of such local government at any time when money is available in the special tax fund provided for in NRS 354.460 [.] , upon such terms as the governing board determines.

      Sec. 40.  NRS 387.335 is hereby amended to read as follows:

      387.335  1.  The board of trustees of a county school district may [, when in its judgment it is advisable, call an election and submit to the electors of the county school district the question whether the negotiable coupon bonds of the county school district shall be issued and sold] issue its general obligations for the purpose of raising money for the following purposes, and no others:

      (a) Construction or purchase of new school buildings, including but not limited to teacherages, dormitories, dining halls, gymnasiums and stadiums.

      (b) Enlarging, remodeling or repairing existing school buildings, including but not limited to teacherages, dormitories, dining halls, gymnasiums and stadiums.


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ê1981 Statutes of Nevada, Page 962 (Chapter 482, AB 167)ê

 

including but not limited to teacherages, dormitories, dining halls, gymnasiums and stadiums.

      (c) Acquiring school building sites or additional real property for necessary school purposes, including but not limited to playgrounds, athletic fields and sites for stadiums.

      (d) Purchasing necessary school equipment.

      2.  Any one or more of the purposes enumerated in subsection 1 may, by order of the board of trustees entered in its minutes, be united and voted upon as one single proposition.

      [3.  Nothing in this chapter prevents a county school district from exercising the powers granted thereto by the Local Government Securities Law, including, without limitation, the issuance of refunding bonds pursuant to NRS 350.684 to 350.706, inclusive, and to other provisions in the Local Government Securities Law supplemental to such sections therein.]

      Sec. 40.5.  NRS 403.210 is hereby amended to read as follows:

      403.210  [1.] For the purpose of creating a fund in each of the several counties of the State of Nevada, to be known as the county road and bridge fund, and to be used in the construction, repairing and maintaining of county roads and bridges, and the purchasing of machinery and implements necessary in such work, the boards of county commissioners of the several counties, each acting in and for its respective county, [are authorized, empowered and required,] shall, within 90 days after the people of the county [shall] have authorized the issuance of such bonds, to prepare and issue bonds as general obligations of the county in an amount not to exceed the equivalent of 3 percent of the total taxable value of the real and personal property of the county, as shown by the last report of the county assessor, [such amount to be] exclusive of interest.

      [2.  The question of issuance of the bonds shall be submitted to the people of the county at an election, and the duly qualified electors shall authorize the issuance of the same by a majority vote.]

      Sec. 41.  NRS 450.030 is hereby amended to read as follows:

      450.030  Whenever the board of county commissioners of any county [shall be] is presented with a petition signed by at least 30 percent of the taxpayers in such county or in each of a group of counties asking that an annual tax be levied for the establishing and maintenance of a public hospital, at a place in the county or counties named therein, and [shall specify in the petition] specifying the maximum amount of money proposed to be expended in purchasing or building the hospital, including the acquisition of a site, [each] the board of county commissioners shall, after a compliance with and subject to the provisions of NRS 350.001 to 350.006, inclusive, [as from time to time amended,] submit the question of issuing bonds therefor to the qualified electors of the county at the next general election to be held in the county, as provided in NRS [350.010 to 350.070, inclusive, as from time to time amended.] 350.020 to 350.070, inclusive.

      Sec. 42.  NRS 450.040 is hereby amended to read as follows:

      450.040  1.  Whenever the board of county commissioners of any county [shall be] is presented with a petition signed by at least 50 percent of the taxpayers in such county or in each of a group of counties asking that an annual tax be levied for the establishing and maintenance of a public hospital, at a place in the county or counties named therein, and [shall specify in the petition] specifying the maximum amount of money proposed to be expended in purchasing or building the hospital, including the acquisition of a site, [each such] the board of county commissioners shall forthwith comply with the provisions of NRS 350.001 to 350.006, inclusive, [as from time to time amended,] and shall submit the proposal to issue bonds for [such] the project to the county general obligation bond commission for each such county.


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ê1981 Statutes of Nevada, Page 963 (Chapter 482, AB 167)ê

 

of a public hospital, at a place in the county or counties named therein, and [shall specify in the petition] specifying the maximum amount of money proposed to be expended in purchasing or building the hospital, including the acquisition of a site, [each such] the board of county commissioners shall forthwith comply with the provisions of NRS 350.001 to 350.006, inclusive, [as from time to time amended,] and shall submit the proposal to issue bonds for [such] the project to the county general obligation bond commission for each such county.

      2.  Upon the receipt of the approval thereof of each such commission, each such board of county commissioners shall call a special election for the purpose of submitting the question of issuing bonds for the hospital project designated in the petition to the qualified electors of the county, as provided in NRS [350.010 to 350.070, inclusive, as from time to time amended.] 350.020 to 350.070, inclusive.

      3.  The special election [shall] must be held in each such county within 60 days after such approval of the commission is received by the board.

      4.  If the petition designated in subsection 1 indicates the hospital is to serve more than one county, each county designated shall submit to the commission and to the qualified electors of the county a bond question authorizing the issuance of the county’s bonds for [such] the project in a maximum principal amount at least sufficient to defray the county’s proportional share of the maximum amount designated in the petition to be expended for the project based upon the last assessed valuation of the taxable property in the county and such valuation of such property in all the counties designated in the petition.

      Sec. 43.  NRS 450.043 is hereby amended to read as follows:

      450.043  Whenever the board of county commissioners of any county on it own motion desires to establish a county hospital, the board shall:

      1.  Specify the maximum amount of money proposed to be expended in purchasing or building the hospital, including the acquisition of site;

      2.  Comply with the provisions of NRS 350.001 to 350.006, inclusive; [, as from time to time amended;] and

      3.  Upon the receipt of the approval of the county general obligation bond commission of the proposal to issue the county hospital bonds, submit the question of issuing bonds for [such hospital] the project to the qualified electors of the county at an election called for that purpose, as provided in NRS [350.010 to 350.070, inclusive, as from time to time amended.] 350.020 to 350.070, inclusive.

      Sec. 44.  NRS 450.280 is hereby amended to read as follows:

      450.280  1.  Whenever the board of hospital trustees of any county [shall deem] deems it advisable that bonds be issued for the enlargement, maintenance, repair, improvement or reconstruction of a public hospital, including without limitation the construction, installation and other acquisition of additional fixtures, structures, and buildings for the public hospital, equipment and furnishings therefor, and additional sites therefor (or any combination thereof), the board shall, by resolution, request the board of county commissioners of the county to issue general obligation bonds therefor and shall specify in the resolution the maximum amount of money proposed to be expended for any or all of such purposes.


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ê1981 Statutes of Nevada, Page 964 (Chapter 482, AB 167)ê

 

      2.  Thereupon the board of county commissioners shall:

      (a) Comply with the provisions of NRS 350.001 to 350.006, inclusive; [, as from time to time amended;] and

      (b) Upon the receipt of the approval of the county general obligation bond commission of the proposal to issue the county hospital bonds, submit the question of issuing such bonds to the qualified electors of the county at an election called for that purpose, as provided in NRS [350.010 to 350.070, inclusive, as from time to time amended.] 350.020 to 350.070, inclusive.

      Sec. 45.  NRS 450.680 is hereby amended to read as follows:

      450.680  1.  If a board of trustees desires to avail itself of the power conferred by NRS 450.670, it shall submit the question of issuing such bonds to the registered voters of the district in accordance with the provisions of NRS [350.010] 350.020 to 350.070, inclusive.

      2.  If the issuance of such bonds is approved, they may be issued pursuant to the provisions of the Local Government Securities Law.

      Sec. 46.  NRS 473.060 is hereby amended to read as follows:

      473.060  [1.] The board of directors is empowered to prepare, issue and sell negotiable coupon bonds not exceeding $50,000 in amount, exclusive of interest, for the purpose of providing funds for the purchase of firefighting equipment and other necessary facilities for use in the respective fire protection districts eligible for federal aid under the Clarke-McNary Act.

      [2.  The board of directors shall proceed with an election to carry out the purpose of this section in accordance with the provisions of NRS 350.010 to 350.070, inclusive.

      3.  The bonds shall be prepared and issued under the provisions of NRS 474.220 to 474.310, inclusive.]

      Sec. 47.  NRS 474.512 is hereby amended to read as follows:

      474.512  For the purpose of defraying the cost of the acquisition of any properties authorized by NRS 474.511, the board of fire commissioners, on the behalf and in the name of any district organized pursuant to NRS 474.460, may, by resolution, at any time or from time to time, borrow money, otherwise become obligated, and evidence or reevidence such obligations by the issuance of bonds and other municipal securities payable from general (ad valorem) taxes and constituting general obligations of the district, as provided in the Local Government Securities Law, [as from time to time amended,] subject to the limitations therein and in NRS [474.513 and] 474.514.

      Sec. 48.  NRS 496.150 is hereby amended to read as follows:

      496.150  To defray the cost of planning and acquiring, establishing, developing, constructing, enlarging, improving or equipping an airport or air navigation facility, or the site therefor, including buildings and other facilities incidental to the operation thereof, and the acquisition or elimination of airport hazards, or any combination thereof, the governing body may, at any time or from time to time, in the name and on the behalf of the municipality, issue:

      1.  [In the manner provided in NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended:

      (a)] General obligation bonds, payable from taxes; [and


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ê1981 Statutes of Nevada, Page 965 (Chapter 482, AB 167)ê

 

      (b)]2.  General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of net revenues or gross revenues derived from the operation of all or any part of the airport or any facilities appertaining thereto [.

      2.]; and

      3.  Revenue bonds constituting special obligations and payable from such net revenues or gross revenues. [, without the necessity of the revenue bonds being authorized at any election.]

      Sec. 48.5.  NRS 539.570 is hereby amended to read as follows:

      539.570  1.  The board may sell bonds from time to time in such quantities as may be necessary and most advantageous to raise money for the construction of works and the acquisition of property and rights and otherwise to carry out the objects and purposes of this chapter.

      2.  Before making any sale the board shall by resolution declare its intention to sell a specific number and amount of bonds, and if the bonds can be sold at par with accrued interest they may be disposed of without advertising; otherwise notice [shall] must be published for 3 weeks in a newspaper in the county in which the office of the district is situated, and in such other newspaper in or outside of the state as the board may deem expedient, that sealed proposals will be received at its office on or before a day and hour set in the notice for the purchase of the bonds.

      3.  At the time appointed, the board shall publicly open the proposals, and sell the bonds to the highest responsible bidder, or it may reject all bids; but in case no bids are received, or, in case no award is made, the board thereafter may either readvertise the bonds or any part thereof for sale or sell the [same] bonds or any part thereof at private sale [.] , upon any terms not inconsistent with the other provisions of this chapter.

      Sec. 49.  NRS 704A.077 is hereby amended to read as follows:

      704A.077  1.  “Municipality” means an incorporated city, including, without limitation, Carson City, in which is located wholly or in part the service district, or means the county in the unincorporated area of which is wholly located the service district, as the case may be. [; but in the provisions of NRS 704A.600 to 704A.760, inclusive, “municipality” means only such an incorporated city and does not include any county.]

      2.  “Municipal” pertains to a municipality. [as defined in this section, but in the phrase “county or municipal officer” the term “municipal” pertains only to an incorporated city.]

      Sec. 50.  NRS 704A.280 is hereby amended to read as follows:

      704A.280  1.  Any party to the proceedings aggrieved by an ordinance of the governing body establishing the service district, as amended, if amended, and filing a written objection as provided in NRS 704A.240 and a written application for a rehearing as provided in NRS 704A.270, may commence an appropriate action in the district court of the county in which the service district is located to challenge the validity of the ordinance. No such action [shall] may be commenced more than 60 days after enactment of the ordinance, or the last amendment thereto, if any, whichever is the later in time.

      2.  Any objection to the validity and correctness of the proceedings and instruments taken, adopted or made prior to the date of the application for rehearing shall be deemed waived in any hearing on assessments conducted by the governing body under NRS 704A.240 [or in any judicial action under subsection 1 or under NRS 704A.327 unless such] unless the objection is presented in writing at the times and in the manner specified in this chapter by a written objection under NRS 704A.240, if such proceedings and instruments were theretofore taken, adopted or made, and by a written application for rehearing under NRS 704A.270.


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ê1981 Statutes of Nevada, Page 966 (Chapter 482, AB 167)ê

 

conducted by the governing body under NRS 704A.240 [or in any judicial action under subsection 1 or under NRS 704A.327 unless such] unless the objection is presented in writing at the times and in the manner specified in this chapter by a written objection under NRS 704A.240, if such proceedings and instruments were theretofore taken, adopted or made, and by a written application for rehearing under NRS 704A.270.

      Sec. 51.  NRS 710.035 is hereby amended to read as follows:

      710.035  Notwithstanding the provisions of NRS 710.030, the board of county commissioners of any county controlling and managing the telephone system, for the extension, betterment, alteration, reconstruction or other major improvement, or any combination thereof, of the system, including without limitation the purchase, construction, condemnation and other acquisition of plants, stations, other buildings, structures, telegraphic equipment, other equipment, furnishings, transmission and distribution lines, other facilities, lands in fee simple, easments, rights of way, other interests in land, other real and personal property, and appurtenances, may, at any time or from time to time, in the name and on the behalf of the county, issue:

      1.  [In the manner provided in NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended:

      (a)] General obligation bonds, payable from taxes; [and

      (b)]2.  General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of the net revenues derived from the operation of the system [.

      2.]; and

      3.  Revenue bonds constituting special obligations and payable from such net revenues. [, without the necessity of the revenue bonds being authorized at any election.]

      Sec. 52.  NRS 710.200 is hereby amended to read as follows:

      710.200  Subject to the provisions of NRS 710.160 to 710.280, inclusive, the board of county commissioners, for the purchase, construction, other acquisition, extension, betterment, alteration, reconstruction or other major improvement, or any combination thereof, of an electrical system, including without limitation the purchase, construction, condemnation and other acquisition of plants, stations, other buildings, structures, equipment, furnishings, transmission and distribution lines, other facilities, lands in fee simple, easements, rights of way, other interests in land, other real and personal property and appurtenances, may, at any time or from time to time, in the name and on the behalf of the county, issue:

      1.  [In the manner provided in NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended:

      (a)] General obligation bonds, payable from taxes; [and

      (b)]2.  General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of the net revenues derived from the operation of the system [.

      2.]; and

      3.  Revenue bonds constituting special obligations and payable from such net revenues. [, without the necessity of the revenue bonds being authorized at any election.]

      Sec. 53.  NRS 710.430 is hereby amended to read as follows:


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ê1981 Statutes of Nevada, Page 967 (Chapter 482, AB 167)ê

 

      710.430  Subject to the provisions of NRS 710.400 to 710.590, inclusive, the board of county commissioners, for the purchase, construction, other acquisition, extension, betterment, alteration, reconstruction or other major improvement, or any combination thereof, of the system, including without limitation the purchase, construction, condemnation and other acquisition of plants, stations, other buildings, structures, equipment, furnishings, transmission and distribution lines, other facilities, lands in fee simple, easements, rights of way, other interests in land, other real and personal property and appurtenances, may, at any time or from time to time, in the name and on the behalf of the town or city, issue:

      1.  [In the manner provided in NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended:

      (a)] General obligation bonds, payable from taxes; [and

      (b)]2.  General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of the net revenues derived from the operation of the system [.

      2.]; and

      3.  Revenue bonds constituting special obligations and payable from such net revenues. [, without the necessity of the revenue bonds being authorized at any election.]

      Sec. 54.  Section 2.220 of the charter of the City of Caliente, as amended by chapter 282, Statutes of Nevada 1971, at page 501, is hereby amended to read as follows:

 

       Sec. 2.220  Powers of city council: Parking meters; offstreet public parking facilities.

       1.  The city council may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters [shall] must be fixed by the city council.

       2.  Except as otherwise provided by this charter, the city council may acquire property within the city by any lawful means except eminent domain for the purpose of establishing offstreet public parking facilities for vehicles. [The city council may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, as amended from time to time, and the proposal for the issuance of the bonds is approved as therein provided, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper.] The city council may, in [such] bonds [,] issued to acquire property for this purpose, pledge the onstreet parking revenues, the general credit of the city, or both, to secure the payment of the principal and interest thereon.

 

      Sec. 55.  Section 7.040 of the charter of the City of Caliente, as amended by chapter 282, Statutes of Nevada 1971, at page 501, is hereby amended to read as follows:

 

       Sec. 7.040  Borrowing money.

       1.  Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities.


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ê1981 Statutes of Nevada, Page 968 (Chapter 482, AB 167)ê

 

may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities. The Local Government Securities Law, as amended from time to time, applies to all securities so issued except for securities issued under section 6.020.

       2.  [The city council shall submit any proposal to borrow money, except an emergency loan as defined and authorized by chapter 354 of NRS, as amended form time to time, and except for any securities issued under section 6.020, but including any securities payable from pledged revenues, to the registered voters of the city in the manner provided by NRS 350.010 to 350.070, inclusive, as amended from time to time.

       3.] Any property tax levied to pay the principal of or interest on such indebtedness [authorized under subsection 2 shall] must be levied upon all taxable property within the city.

       [4.]3.  Any ordinance pertaining to the sale or issuance of bonds or other securities, including without limitation securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the city council in any ordinance that it is of this kind [shall be] is conclusive in the absence of fraud or gross abuse of discretion.

 

      Sec. 56.  Section 2.240 of the charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 610, is hereby amended to read as follows:

 

       Sec. 2.240  Powers of board of councilmen: Parking meters; offstreet public parking facilities.

       1.  The board of councilmen may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters [shall] must be fixed by the board of councilmen.

       2.  Except as otherwise provided by this charter, the board of councilmen may acquire property within the city by any lawful means except eminent domain for the purpose of establishing offstreet public parking facilities for vehicles. [The board of councilmen may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, as amended from time to time, and the proposal for the issuance of the bonds is approved as therein provided, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper.] The board of councilmen may, in [such] bonds [,] issued to acquire property for this purpose, pledge the onstreet parking revenues, the general credit of the city, or both, to secure the payment of the principal and interest thereon.

 

      Sec. 57.  Section 7.030 of the charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, at page 618, is hereby amended to read as follows:

 


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ê1981 Statutes of Nevada, Page 969 (Chapter 482, AB 167)ê

 

       Sec. 7.030  Borrowing money.

       1.  Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities. The Local Government Securities Law, as amended from time to time, applies to all securities so issued, except for securities issued under section 6.020.

       2.  [The board of councilmen shall submit any proposal to borrow money, except an emergency loan as defined and authorized by chapter 354 of NRS, as amended from time to time, and except for any securities issued under section 6.020, but including securities payable from pledged revenues, to the registered voters of the city in the manner provided by NRS 350.010 to 350.070, inclusive, as amended from time to time.

       3.] Any property tax levied to pay the principal of or interest on such indebtedness [authorized under subsection 2 shall] must be levied upon all taxable property within the city, as provided in NRS 350.590 to 350.602, inclusive. [, as amended from time to time.

       4.] 3.  Any ordinance pertaining to the sale or issuance of bonds or other securities, including without limitation securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the board of councilmen in any ordinance that it is of this kind [shall be] is conclusive in the absence of fraud or gross abuse of discretion.

 

      Sec. 58.  Section 2.240 of the charter of Carson City, as amended by chapter 49, Statutes of Nevada 1971, at page 104, is hereby amended to read as follows:

 

       Sec. 2.240  Power of board: Parking meters; offstreet public parking facilities.

       1.  The board may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters [shall] must be fixed by the board.

       2.  Except as otherwise provided by this charter, the board may acquire property within Carson City, by any lawful means, for the purpose of establishing offstreet public parking facilities for vehicles. [The board may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, and a majority of the electors voting on the bond question is in favor of the issuance of such bonds, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper.] The board may, in [such] bonds [,] issued to acquire property for this purpose, pledge the onstreet parking revenues or the general credit of Carson City, or both, to secure the payment of the principal and interest thereon.

 

      Sec. 59.  Section 2.270 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 482, is hereby amended to read as follows:


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ê1981 Statutes of Nevada, Page 970 (Chapter 482, AB 167)ê

 

       Sec. 2.270  Powers of board of supervisors: Parking meters; offstreet public parking facilities.

       1.  The board of supervisors may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters [shall] must be fixed by the board of supervisors.

       2.  Except as otherwise provided by this charter, the board of supervisors may acquire property within the city by any lawful means, including eminent domain, for the purpose of establishing offstreet public parking facilities for vehicles. [The board of supervisors may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, as amended from time to time, and the proposal for the issuance of the bonds is approved as therein provided, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper.] The board of supervisors may, in [such] bonds [,] issued to acquire property for this purpose, pledge the onstreet parking revenues, the general credit of the city, or both, to secure the payment of the principal and interest thereon.

 

      Sec. 60.  Section 7.020 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, at page 490, is hereby amended to read as follows:

 

       Sec. 7.020  Borrowing money.

       1.  Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities. The Local Government Securities Law, as amended from time to time, applies to all securities so issued, except for securities issued under section 6.020.

       2.  [The board of supervisors shall issue a proclamation setting forth the amount, terms, maximum rate of interest and duration of any proposed indebtedness, except for securities proposed to be issued under section 6.020, but including securities payable from pledged revenues, and the fund from which it is to be paid. Such proclamation shall be published in full at least once a week for 4 successive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which the board will pass an ordinance providing for such bond issue. At the first regular meeting of the board, or any adjournment thereof, after the completion of publication, the board shall proceed to enact an ordinance for such purposes, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting the question to a vote of the electors of the city, unless a petition is presented to the board signed by not less than 5 percent of the qualified electors of the city as shown by the last preceding registration list and representing not less than 2 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating such 2 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed.


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ê1981 Statutes of Nevada, Page 971 (Chapter 482, AB 167)ê

 

than 5 percent of the qualified electors of the city as shown by the last preceding registration list and representing not less than 2 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating such 2 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed. Thereupon, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast. Any ordinance thus passed providing for the issuance of bonds shall be valid if passed by the board in the absence of the filing of a petition and election, or if such petition is filed and election had, then if passed by the board pursuant to a majority vote in favor of the ordinance. The petition for an election referred to in this section may be filed with the board at any time prior to the date of meeting set in the published notice.

       3.]  Any property tax levied to pay the principal of or interest on such indebtedness [authorized under subsection 2 shall] must be levied upon all taxable property within the city as provided in NRS 350.590 to 350.602, inclusive. [, as amended from time to time.

       4.]3.  Any ordinance pertaining to the sale or issuance of bonds or other securities, including, without limitations, securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the board of supervisors in any ordinance that it is of this kind [shall be] is conclusive in the absence of fraud or gross abuse of discretion.

 

      Sec. 61.  Section 2.230 of the charter of the City of Gabbs, being chapter 265, Statutes of Nevada 1971, at page 392, is hereby amended to read as follows:

 

       Sec. 2.230  Powers of board of councilmen: Parking meters; offstreet public parking facilities.

       1.  The board of councilmen may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters [shall] must be fixed by the board of councilmen.

       2.  Except as otherwise provided by this charter, the board of councilmen may acquire property within the city, by any lawful means except eminent domain, for the purpose of establishing offstreet public parking facilities for vehicles. [The board of councilmen may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, as amended from time to time, and the proposal for the issuance of the bonds is approved as therein provided, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper.] The board of councilmen may, in [such] bonds [,] issued to acquire property for this purpose, pledge the onstreet parking revenues, the general credit of the city, or both, to secure the payment of the principal and interest thereon.


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ê1981 Statutes of Nevada, Page 972 (Chapter 482, AB 167)ê

 

bonds [,] issued to acquire property for this purpose, pledge the onstreet parking revenues, the general credit of the city, or both, to secure the payment of the principal and interest thereon.

 

      Sec. 62.  Section 7.030 of the charter of the City of Gabbs, being chapter 265, Statutes of Nevada 1971, at page 399, is hereby amended to read as follows.

 

       Sec. 7.030  Borrowing money.

       1.  Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities. The Local Government Securities Law, as amended from time to time, applies to all securities so issued, except for securities issued under section 6.020.

       2.  [The board of councilmen shall submit any proposal to borrow money, except an emergency loan as defined and authorized by chapter 354 of NRS, as amended from time to time, and except for any security issued under section 6.020, but including securities payable from pledged revenues, to the registered voters of the city in the manner provided by NRS 350.010 to 350.070, inclusive, as amended from time to time.

       3.]  Any property tax levied to pay the principal of or interest on such indebtedness [authorized under subsection 2 shall] must be levied upon all taxable property within the city as provided in NRS 350.590 to 350.602, inclusive. [, as amended from time to time.

       4.]3.  Any ordinance pertaining to the sale or issuance of bonds or other securities, including without limitation securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the board of councilmen in any ordinance that it is of this kind [shall be] is conclusive in the absence of fraud or gross abuse of discretion.

 

      Sec. 63.  Section 2.220 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 409, is hereby amended to read as follows:

 

       Sec. 2.220  Powers of city council: Parking meters; offstreet public parking facilities.

       1.  The city council may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon public owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters [shall] must be fixed by the city council.

       2.  Except as otherwise provided by this charter, the city council may acquire property within the city by any lawful means except eminent domain for the purpose of establishing offstreet public parking facilities for vehicles. [The city council may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, as amended from time to time, and the proposal for the issuance of the bonds is approved as therein provided, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper.]

 


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ê1981 Statutes of Nevada, Page 973 (Chapter 482, AB 167)ê

 

and the proposal for the issuance of the bonds is approved as therein provided, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper.] The city council may, in [such] bonds [,] issued to acquire property for this purpose, pledge the onstreet parking revenues, the general credit of the city, or both, to secure the payment of the principal and interest thereon.

 

      Sec. 64.  Section 7.040 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, at page 419, is hereby amended to read as follows:

 

       Sec. 7.040  Borrowing money.

       1.  Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including without limitation any purpose authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities. The Local Government Securities Law, as amended from time to time, applies to all securities so issued except for securities issued under section 6.020.

       2.  [The city council shall submit any proposal to borrow money, except an emergency loan as defined and authorized by chapter 354 of NRS, as amended from time to time, and except securities issued under section 6.020, but including securities payable from pledged revenues, to the registered voters of the city in the manner provided by NRS 350.010 to 350.070, inclusive, as amended from time to time.

       3.]  Any property tax levied to pay the principal of or interest on such indebtedness [authorized under subsection 2 shall] must be levied upon all taxable property within the city as provided in NRS 350.590 to 350.602, inclusive. [, as amended from time to time.

       4.]3.  Any ordinance pertaining to the sale or issuance of bonds or other securities, including without limitation securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the city council in any ordinance that it is of this kind [shall be] is conclusive in the absence of fraud or gross abuse of discretion.

 

      Sec. 65.  Section 2.240 of the charter of the City of Las Vegas, as amended by chapter 669, Statutes of Nevada 1971, at page 2053, is hereby amended to read as follows:

 

       Sec. 2.240  Powers of board of commissioners: Parking meters; offstreet public parking facilities.

       1.  The board of commissioners may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters [shall] must be fixed by the board of commissioners.

       2.  Except as otherwise provided by this charter, the board of commissioners may acquire property within the city by any lawful means, including eminent domain, for the purpose of establishing offstreet public parking facilities for vehicles.

 


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means, including eminent domain, for the purpose of establishing offstreet public parking facilities for vehicles. [The board of commissioners may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, as amended from time to time, and the proposal for the issuance of the bonds is approved as therein provided, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper.] The board of commissioners may, in [such] bonds [,] issued to acquire property for this purpose, pledge the onstreet parking revenues, the general credit of the city, or both, to secure the payment of the principal and interest thereon.

 

      Sec. 66.  Section 7.030 of the charter of the City of Las Vegas, as amended by chapter 752, Statutes of Nevada 1973, at page 1576, is hereby amended to read as follows:

 

       Sec. 7.030  Borrowing money.

       1.  Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities. The Local Government Securities Law, except for securities issued under section 6.020, as amended from time to time, applies to all securities so issued.

       2.  [The board of commissioners shall submit any proposal to borrow money, except an interfund transfer or budget augmentation, as defined and authorized by chapter 354 of NRS, as amended from time to time, and except for securities issued under section 6.020, but including securities payable from pledged revenues, to the registered voters of the city in the manner provided by NRS 350.010 to 350.070, inclusive, as amended from time to time.

       3.]  Any property tax levied to pay the principal of or interest on such indebtedness [authorized under subsection 2 shall] must be levied upon all taxable property within the city, as provided in NRS 350.590 to 350.602, inclusive. [, as from time to time amended.

       4.]3.  Any ordinance pertaining to the sale or issuance of bonds or other securities, including, without limitation, securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the board of commissioners in any ordinance that it is of this kind [shall be] is conclusive in the absence of fraud or gross abuse of discretion.

 

      Sec. 67.  Section 7.040 of the charter of the City of North Las Vegas, as amended by chapter 723, Statutes of Nevada 1973, at page 1443, is hereby amended to read as follows:

 

       Sec. 7.040  Borrowing money.

       1.  Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities.

 


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issue bonds or other securities. The Local Government Securities Law, as amended from time to time, applies to all securities so issued, except for securities issued under section 6.020.

       2.  [The city council shall submit any proposal to borrow money, except an emergency loan as defined and authorized by chapter 354 of NRS, as amended from time to time, and except for securities issued under section 6.020, but including securities payable from pledged revenues, to the registered voters of the city in the manner provided by NRS 350.010 to 350.070, inclusive, as amended from time to time.

       3.]  Any property tax levied to pay the principal of or interest on such indebtedness [authorized under subsection 2 shall] must be levied upon all taxable property within the city, as provided in NRS 350.590 to 350.602, inclusive. [, as amended from time to time.

       4.]3.  Any ordinance pertaining to the sale or issuance of bonds or other securities, including, without limitation, securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the city council in any ordinance that it is of this kind [shall be] is conclusive in the absence of fraud or gross abuse of discretion.

 

      Sec. 68.  Section 7.030 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1980, is hereby amended to read as follows:

 

       Sec. 7.030  Borrowing money.

       1.  Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including, without limitation any purpose authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities. The Local Government Securities Law, as amended from time to time, applies to all securities so issued, except for securities issued under section 6.020.

       2.  [The city council shall submit any proposal to borrow money, except an emergency loan as defined and authorized by chapter 354 of NRS, as amended from time to time, and except for any securities issued under section 6.020, but including any securities payable from pledged revenues, to the registered voters of the city in the manner provided by NRS 350.010 to 350.070, inclusive, as amended from time to time.

       3.]  Any property tax levied to pay the principal of or interest on such indebtedness [authorized under subsection 2 shall] must be levied upon all taxable property within the city.

       [4.]3.  Any ordinance pertaining to the sale or issuance of bonds or other securities, including without limitation securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the city council in any ordinance that it is of this kind [shall be] is conclusive in the absence of fraud or gross abuse of discretion.

 

      Sec. 69.  Section 7.030 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 739, is hereby amended to read as follows:

 

 


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chapter 470, Statutes of Nevada 1975, at page 739, is hereby amended to read as follows:

 

       Sec. 7.030  Borrowing money.

       1.  Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities. The Local Government Securities Law, as amended from time to time, applies to all securities so issued, except securities issued under section 6.020.

       2.  [The city council shall submit any proposal to borrow money, except short-term financing as authorized by chapter 354 of NRS, as amended from time to time, and except for securities issued under section 6.020, but including securities payable from pledged revenues, to the registered voters of the city in the manner provided by NRS 350.010 to 350.070, inclusive, as amended from time to time.

       3.]  Any property tax levied to pay the principal of or interest on indebtedness [authorized under subsection 2 shall] must be levied upon all taxable property within the city, as provided in NRS 350.590 to 350.602, inclusive. [, as from time to time amended.

       4.]3.  Any ordinance pertaining to the sale or issuance of bonds or other securities, including, without limitation, securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the city council in any ordinance that it is of this kind is conclusive in the absence of fraud or gross abuse of discretion.

 

      Sec. 70.  Section 2.240 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 464, is hereby amended to read as follows:

 

       Sec. 2.240  Powers of board of councilmen: Parking meters; offstreet public parking facilities.

       1.  The board of councilmen may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters shall be fixed by the board of councilmen.

       2.  Except as otherwise provided by this charter, the board of councilmen may acquire property within the city by any lawful means except eminent domain for the purpose of establishing offstreet public parking facilities for vehicles. [The board of councilmen may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, as amended from time to time, and the proposal for the issuance of the bonds is approved as therein provided, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper.] The board of councilmen may, in [such] bonds [,] issued to acquire property for this purpose, pledge the onstreet parking revenues, the general credit of the city, or both, to secure the payment of the principal and interest thereon.

 


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      Sec. 71.  Section 7.030 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, at page 472, is hereby amended to read as follows:

 

       Sec. 7.030  Borrowing money.

       1.  Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities. The Local Government Securities Law, as amended from time to time, applies to all securities so issued, except for securities issued under section 6.020.

       2.  [The board of councilmen shall submit any proposal to borrow money, except an emergency loan as defined and authorized by chapter 354 of NRS, as amended from time to time, and except for any securities issued under section 6.020, but including securities payable from pledged revenues, to the registered voters of the city in the manner provided by NRS 350.010 to 350.070, inclusive, as amended from time to time.

       3.]  Any property tax levied to pay the principal of or interest on such indebtedness [authorized under subsection 2 shall] must be levied upon all taxable property within the city, as provided in NRS 350.590 to 350.602, inclusive. [, as amended from time to time.

       4.]3.  Any ordinance pertaining to the sale or issuance of bonds or other securities, including without limitation securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the board of councilmen in any ordinance that it is of this kind [shall be] is conclusive in the absence of fraud or gross abuse of discretion.

 

      Sec. 72.  Section 2.220 of the charter of the City of Yerington, as amended by chapter 669, Statutes of Nevada 1971, at page 2057, is hereby amended to read as follows:

 

       Sec. 2.220  Powers of city council: Parking meters; offstreet public parking facilities.

       1.  The city council may acquire, install, maintain, operate and regulate parking meters at the curbs of the streets or upon publicly owned property made available for public parking. The parking fees to be charged for the use of the parking facilities regulated by parking meters shall be fixed by the city council.

       2.  Except as otherwise provided by this charter, the city council may acquire property within the city, by any lawful means except eminent domain, for the purpose of establishing offstreet public parking facilities for vehicles. [The city council may, after an election is held in conformity with the provisions of chapter 350 of NRS concerning municipal bond elections, as amended from time to time, and the proposal for the issuance of the bonds is approved as therein provided, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper.] The city council may, in [such] bonds [,] issued to acquire property for this purpose, pledge the onstreet parking revenues, the general credit of the city, or both, to secure the payment of the principal and interest thereon.

 


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acquire property for this purpose, pledge the onstreet parking revenues, the general credit of the city, or both, to secure the payment of the principal and interest thereon.

 

      Sec. 73.  Section 7.030 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 914, is hereby amended to read as follows:

 

       Sec. 7.030  Borrowing money.

       1.  Subject to the limitations imposed by this article, the city may borrow money for any corporate purpose, including without limitation any purpose expressly authorized by this charter or by Nevada Revised Statutes for a city, and for such purpose may issue bonds or other securities. The Local Government Securities Law, as amended from time to time, applies to all securities so issued except for securities issued under section 6.020.

       2.  [The city council shall submit any proposal to borrow money, except an emergency loan as defined and authorized by chapter 354 of NRS, as amended from time to time, and except for securities issued under section 6.020, but including securities payable from pledged revenues, to the registered voters of the city in the manner provided by NRS 350.010 to 350.070, inclusive, as amended from time to time.

       3.]  Any property tax levied to pay the principal of or interest on such indebtedness [authorized under subsection 2 shall] must be levied upon all taxable property within the city as provided in NRS 350.590 to 350.602, inclusive. [, as amended from time to time.

       4.]3.  Any ordinance pertaining to the sale or issuance of bonds or other securities, including, without limitation, securities issued under section 6.020, may be adopted in the same manner as is provided for cases of emergency. A declaration by the city council in any ordinance that it is of this kind [shall be] is conclusive in the absence of fraud or gross abuse of discretion.

 

      Sec. 74.  Section 1 of chapter 167, Statutes of Nevada 1947, as last amended by chapter 646, Statutes of Nevada 1971, at page 1511, is hereby amended to read as follows:

 

       Section 1.  The Las Vegas Valley water district heretofore created in the Las Vegas valley, has the following objects and purposes:

       1.  To have perpetual succession.

       2.  To sue and be sued in the name of said district in all actions and proceedings in all courts and tribunals of competent jurisdiction.

       3.  To adopt a seal and alter it at pleasure.

       4.  To take by grant, purchase, gift, device, or lease, or otherwise, and to hold, use, enjoy, and to lease, or dispose of real or personal property of every kind within or without the district necessary or convenient to the full exercise of its power.

       5.  To acquire, by purchase, lease, construction, or otherwise, or contract to acquire, lands, rights of way, easements, privileges, and property of every kind, whether real or personal, and to construct, maintain, and operate any and all works or improvements within or without the district necessary or proper to carry out any of the objects or purposes of this act, and to complete, extend, add to, repair, or otherwise improve any works or improvements or property acquired by it as authorized by this act.

 


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property of every kind, whether real or personal, and to construct, maintain, and operate any and all works or improvements within or without the district necessary or proper to carry out any of the objects or purposes of this act, and to complete, extend, add to, repair, or otherwise improve any works or improvements or property acquired by it as authorized by this act.

       6.  To store water in surface or underground reservoirs within the district for the common benefit of the district; to conserve and reclaim water for present and future use within the district; to appropriate and acquire water and water rights, and import water into the district, and to conserve same within the district, for any useful purpose to the district; to commence, maintain, intervene in, and compromise in the name of the district, or otherwise, and to assume the costs and expenses of any action or proceeding involving or affecting the ownership or use of waters or water rights within the district used or useful for any purpose of the district or of common benefit to any land situated therein, or involving the wasteful use of water therein; to commence, maintain, intervene in, defend, and compromise, and to assume the cost and expenses of, any and all actions and proceedings now or hereafter begun; to prevent interference with or diminution of; to prevent contamination, pollution or otherwise rendering unfit for beneficial use of the surface or subsurface water used in said district, and to commence, maintain, and defend actions and proceedings to prevent any such interference with the aforesaid waters as may endanger or damage the inhabitants, lands or use of water in the district.

       7.  To have and exercise in the State of Nevada the right of eminent domain, either within or without said district, and in the manner provided by law for the condemnation of private property for public use, to take any property necessary to carry out any of the objects or purposes of this act, whether such property be already devoted to the same use by any district or other public corporation or agency or otherwise, and to condemn any existing works or improvements in said district now or hereafter used. The power of eminent domain vested in the board of directors of said district shall include the power to condemn, in the name of the district, either the fee simple or any lesser estate or interest in any real property which said board by resolution shall determine is necessary for carrying out the purposes of this act. Such resolution shall be prima facie evidence that the taking of the fee simple or easement, as the case may be, is necessary.

       8.  To enter upon any land, to make surveys and locate the necessary works of improvement and the lines for channels, conduits, canals, pipelines, roadways, and other rights of way; to acquire by purchase, lease, contract, condemnation, gift, or other legal means all lands and water and water rights and other property necessary or convenient for the construction, use, supply, maintenance, repair, and improvement of said works, including works constructed and being constructed by private owners, lands for reservoirs for storage of necessary water, and all necessary appurtenances, and also where necessary or convenient to said end, and for said purposes and uses, to acquire and hold the stock of corporations, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions, or rights; to enter into and do any acts necessary or proper for the performance of any agreement with the United States, or any state, county, district of any kind, public or private corporation, association, firm or individual, or any number of them, for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance, repair, or operation of any rights, works, or other property of a kind which might be lawfully acquired or owned by said water district; to acquire the right to store water in any reservoirs, or to carry water through any canal, ditch or conduit not owned or controlled by the district; to grant to any owner or lessee the right to the use of any water or right to store such water in any reservoir of the district, or to carry such water through any tunnel, canal, ditch, or conduit of the district; to enter into and do any acts necessary or proper for the performance of any agreement with any district of any kind, public or private corporation, association, firm or individual, or any number of them, for the transfer or delivery to any such district, corporation, association, firm, or individual of any water right or water pumped, stored, appropriated, or otherwise acquired or secured for the use of the said district, or for the purpose of exchanging the same for other water, water right, or water supply in exchange for water, water right, or water supply to be delivered to said district by the other party to said agreement; to cooperate with, and to act in conjunction with, the State of Nevada, or any of its engineers, officers, boards, commissions, departments, or agencies, or with the government of the United States, or any of its engineers, officers, boards, commissions, departments, or agencies, or with any public or private corporation, in the construction of any work for the importation and distribution of water of said district, or for the protection of life or property therein, or for the purpose of conserving said waters for beneficial use within said district, or in any other works, acts, or purposes provided for herein, and to adopt and carry out any definite plan or system of work for any such purpose.

 


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to acquire and hold the stock of corporations, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions, or rights; to enter into and do any acts necessary or proper for the performance of any agreement with the United States, or any state, county, district of any kind, public or private corporation, association, firm or individual, or any number of them, for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance, repair, or operation of any rights, works, or other property of a kind which might be lawfully acquired or owned by said water district; to acquire the right to store water in any reservoirs, or to carry water through any canal, ditch or conduit not owned or controlled by the district; to grant to any owner or lessee the right to the use of any water or right to store such water in any reservoir of the district, or to carry such water through any tunnel, canal, ditch, or conduit of the district; to enter into and do any acts necessary or proper for the performance of any agreement with any district of any kind, public or private corporation, association, firm or individual, or any number of them, for the transfer or delivery to any such district, corporation, association, firm, or individual of any water right or water pumped, stored, appropriated, or otherwise acquired or secured for the use of the said district, or for the purpose of exchanging the same for other water, water right, or water supply in exchange for water, water right, or water supply to be delivered to said district by the other party to said agreement; to cooperate with, and to act in conjunction with, the State of Nevada, or any of its engineers, officers, boards, commissions, departments, or agencies, or with the government of the United States, or any of its engineers, officers, boards, commissions, departments, or agencies, or with any public or private corporation, in the construction of any work for the importation and distribution of water of said district, or for the protection of life or property therein, or for the purpose of conserving said waters for beneficial use within said district, or in any other works, acts, or purposes provided for herein, and to adopt and carry out any definite plan or system of work for any such purpose.

       9.  To carry on technical and other investigations of all kinds, make measurements, collect data, and make analyses, studies, and inspections pertaining to water supply, water rights, control of floods and use of water, both within and without said district, and for this purpose said district shall have the right of access through its authorized representative to all lands and premises within said district.

       10.  To incur indebtedness and to issue bonds in the manner [herein] provided [.] by chapters 271 and 350 of NRS, and for short-term financing by chapter 354 of NRS.

       11.  To cause taxes to be levied and collected for the purpose of paying any obligation of the district during its organizational state, including necessary engineering costs and further to assist in the operational expenses of said district until such taxes are no longer required therefor.

       12.  To supplement the ground-water resources of Las Vegas valley by the importation and use of the waters of Lake Mead, under the Nevada allocation, for industrial, irrigation, municipal, and domestic uses.

 


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valley by the importation and use of the waters of Lake Mead, under the Nevada allocation, for industrial, irrigation, municipal, and domestic uses.

       13.  To make contracts, and to employ labor, and to do all acts necessary for the full exercise of all powers vested in said district, or any of the officers thereof, by this act.

       14.  To supply water under contract, agreement, or in other legal manner to the United States of America, or any department thereof, the State of Nevada, Clark County, and any city, town, corporation, individual, association, or partnership situated within Clark County, Nevada, for an appropriate charge, consideration, or exchange made therefor, when such supply is available or can be developed as an incident of or in connection with the primary functions and operations of the district.

       15.  To have the right to provide from revenues or other available funds an adequate depreciation fund for the replacement of parts of the works and properties of the district.

       16.  To create assessment districts for the purpose of [extending mains, improving distribution systems, and acquiring presently operating private water companies and mutual water distributing systems.] acquiring water projects.

       17.  To accept from the Government of the United States or any of its agencies financial assistance or participation in the form of grants-in-aid or any other form in connection with any of the functions of the water district.

 

      Sec. 74.5  Section 25 of chapter 167, Statutes of Nevada 1947, as added by chapter 446, Statutes of Nevada 1963, at page 1196, is hereby amended to read as follows:

 

       Sec. 25.  As used in [sections 26 to 45, inclusive,] section 26, “improvement” means the construction, extension and improvement of water mains, lines, pipes, conduits and appurtenances and water distribution systems, [and] the acquisition of existing and operating private water companies and mutual water-distributing systems [.] , and generally the acquisition of any water project.

 

      Sec. 75.  Section 4.5 of chapter 227, Statutes of Nevada 1975, as added by chapter 275, Statutes of Nevada 1979, at page 384, is hereby amended to read as follows:

 

       Sec. 4.5.  1.  [Whenever the Board by resolution determines that the interest of the Authority and the public interest, necessity or desirability require or justify the creation of a bonded indebtedness by the issuance of general obligation bonds, or the incurrence of special obligations by the issuance of revenue bonds, for any purpose authorized by this act, the Board shall order the submission of the proposition of issuing such general obligation bonds or such revenue bonds to the Authority electors, as defined in subsection 5, at an election held for that purpose.

       2.  This section does not preclude the Board from applying for short-term financing under the provisions of NRS 354.430 to 354.460, inclusive.

 


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       3.]  For any [such] purpose [,] authorized by this act, the Board, at any time or from time to time, in the name and on behalf of the Authority, may:

       (a) Issue: [, in the manner provided in NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended:]

             (1) General obligation bonds, payable from taxes; and

             (2) General obligation bonds, payable from taxes, whose payment is additionally secured by a pledge of gross or net revenues derived from the operation of such facilities, and, if so determined by the Board, further secured by a pledge of such other gross or net revenues as may be derived from any other income-producing project of the Authority or from any license or other taxes levied for revenue by Elko County or an incorporated city in Elko County, or otherwise, as may be legally made available for their payment;

       (b) Issue [, in the manner provided in NRS 350.010 to 350.070, inclusive, as from time to time amended,] revenue bonds payable solely from the net revenues to be derived from the operation of such facilities, as the Board may decide.

       [4.  The election board shall make its returns to the secretary of the Board either directly or through the county clerk, as the Board may provide.

       5.]2.  For the purposes of this act, the electors of the Authority are all persons who are qualified to vote at general elections in Elko County, and who reside within the boundaries of the Authority upon the date of close of registration for any election called by or for the Authority for bonding or revenue purposes. These electors are entitled to vote at [such] elections on the questions pertaining to the Authority.

       [6.  Appropriate notices of registration and of an election presenting questions relating to the Authority must be given, and the election must be held, except as provided in this act to the contrary, in accordance with NRS 350.001 to 350.006, inclusive, and 350.010 to 350.070, inclusive, as from time to time amended.]

 

      Sec. 76.  Section 23 of chapter 169, Statutes of Nevada 1961, at page 260, is hereby amended to read as follows:

 

       Sec. 23.  1.  The county pursuant to an ordinance adopted for this purpose may borrow money, issue bonds or otherwise extend its credit to acquire a project or improve the system. The principal of and interest on [revenue] bonds [herein] so authorized to be issued, and any prior redemption premium or premiums, [shall be] are payable solely from the net revenues derived from the operation of the system or other project for the acquisition or improvement of which the bonds are issued, including without limiting the generality of the foregoing, revenues of improvements theretofore or thereafter acquired to such system or other project which are not acquired by the expenditure of such bond proceeds.

       2.  The board, in connection with such additionally secured revenue bonds, in the ordinance authorizing their issuance may pledge all or a portion of such revenues (subject to any prior pledge) as additional security for such payment of the bonds, and at its option may deposit such revenues in a fund created to pay the bonds or created to secure additionally their payment.

 


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all or a portion of such revenues (subject to any prior pledge) as additional security for such payment of the bonds, and at its option may deposit such revenues in a fund created to pay the bonds or created to secure additionally their payment.

       3.  Any such revenues pledged directly or as additional security for the payment of bonds of any one issue or series, which revenues are not exclusively pledged therefor, may subsequently be pledged directly or as additional security for the payment of the bonds of one or more issues or series subsequently authorized.

       4.  All bonds of the same issue or series, [shall,] subject to the prior and superior rights of outstanding bonds, claims and other obligations, have a prior, paramount and superior lien on the revenues pledged for the payment of the bonds over and ahead of any other claims or obligations thereagainst subsequently incurred; but the ordinance authorizing the issuance of any bonds may provide for the subsequent authorization of bonds or other obligations the lien for the payment of which on such revenues is on a parity with the lien thereon of the bonds therein authorized upon such conditions and subject to such limitations as the ordinance may provide.

       5.  All bonds of the same issue or series [shall be] are equally and ratably secured without priority by reason of number, date of maturity, date of bonds, of sale, of execution, or of delivery, by a lien on such revenues in accordance with the provisions of this act and the ordinance authorizing the bonds, except to the extent such ordinance [shall] otherwise specifically [provide.] provides.

 

      Sec. 77.  1.  NRS 244A.067 to 244A.289, inclusive, 244A.293 to 244A.331, inclusive, 244A.335, 244A.339, 244A.341, 244A.345 to 244A.439, inclusive, 244A.443, 244A.575 to 244A.595, inclusive, 244A.635, 244A.639, 267.250 to 267.420, inclusive, 271.260, 318.290, 318.300, 318.305, 318.338, 318.349, 318.352 to 318.486, inclusive, 350.010, 350.026, 350.040, 350.050, 350.060, 387.337 to 387.395, inclusive, 387.405 to 387.475, inclusive, 403.220 to 403.400, inclusive, 474.230 to 474.290, inclusive, 474.513, and 704A.314 to 704A.800, inclusive, are hereby repealed.

      2.  The following sections of chapter 167, Statutes of Nevada 1947, are hereby repealed:

      (a) Sections 5.3, 5.5 and 5.6 as added by chapter 401, Statutes of Nevada 1957, at page 773, and last amended in part by chapter 646, Statutes of Nevada 1971, at page 1515.

      (b) Section 16, as last amended by chapter 797, Statutes of Nevada 1973, at page 1791.

      (c) Section 16a, as added by chapter 307, Statutes of Nevada 1951, at page 480.

      (d) Section 16.2, 16.3, 16.4, 16.5, 16.6 and 16.7 as added by chapter 401, Statutes of Nevada 1957, and amended by chapter 49, Statutes of Nevada 1971, at page 114 et seq.

      (e) Sections 16c, 16e, 16f, 16g, 16h and 16i, as added by chapter 307, Statutes of Nevada 1951, at pages 481 et seq., and amended or last amended in part by chapter 797, Statutes of Nevada 1973, at pages 1792 et seq.,

 


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ê1981 Statutes of Nevada, Page 984 (Chapter 482, AB 167)ê

 

amended in part by chapter 797, Statutes of Nevada 1973, at pages 1792 et seq., chapter 358, Statutes of Nevada 1975, at page 505, and chapter 522, Statutes of Nevada 1975, at page 888.

      (f) Section 16j, as added by chapter 797, Statutes of Nevada 1973, at page 1794.

      (g) Sections 27 to 46, inclusive, as added by chapter 446, Statutes of Nevada 1963, at pages 1196 et seq., and chapter 7, Statutes of Nevada 1968, page 8, and amended or last amended in part by chapter 797, Statutes of Nevada 1973, at pages 1795 et seq., and chapter 522, Statutes of Nevada 1975, at page 889.

      3.  Sections 16, 20, 21 and 22 of chapter 169, Statutes of Nevada 1961, at pages 257 et seq., are hereby repealed.

      Sec. 78.  1.  This act does not purport to impair any obligation of a political subdivision of this state issued before July 1, 1981, or any remedy available to the holder of such an obligation under any statute or covenant in force when the obligation was issued. Any such holder may pursue that remedy or any remedy afforded by this act.

      2.  Any obligation whose issuance was approved at an election held before July 1, 1981, or was approved without an election pursuant to a statute in force before July 1, 1981, may be sold within the time limited by the statutes in force at the time it was approved.

      3.  Any proceeding for the acquisition of a project whose cost is to be defrayed in whole or in part by special assessment, if a petition was filed or resolution of intent adopted with respect to it before July 1, 1981, may be completed pursuant to the statute in force at the time the petition was filed or the resolution of intent adopted, or it may be completed pursuant to this act, at the option of the governing body.

 

________

 

 

CHAPTER 483, AB 173

Assembly Bill No. 173–Committee on Ways and Means

CHAPTER 483

AN ACT relating to interstate education; providing for the repayment of stipends for study out of the state by employment for the state; and providing other matters properly relating thereto.

 

[Approved June 3, 1981]

 

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

 

      Section 1.  NRS 397.065 is hereby amended to read as follows:

      397.065  1.  Except as provided in subsection 2, each student entering the Western Regional Higher Education Compact program after April 23, 1977, shall repay all state contributions for Western Interstate Commission for Higher Education stipends which he receives unless he practices the profession which he was certified to study for a period of 3 years in Nevada within 5 years after the completion or termination of his education, internship or residency, whichever terminates later.

 


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ê1981 Statutes of Nevada, Page 985 (Chapter 483, AB 173)ê

 

      2.  The three commissioners from the State of Nevada, acting jointly, may adopt regulations which:

      (a) Reduce the 3-year period of required practice for persons who practice their professions in rural areas of this state [.] or as employees of this state.

      (b) Extend the time for completing the required practice beyond 5 years for persons who are obligated to serve periods of service as repayment for scholarships.

      3.  Stipends [shall] must be repaid within the same time period established for loan repayments in NRS 397.061. Stipends do not bear interest.

 

________

 

 

CHAPTER 484, AB 535

Assembly Bill No. 535–Committee on Transportation

CHAPTER 484

AN ACT relating to motor vehicles; prohibiting parking by unqualified persons in spaces marked for the handicapped; permitting removal of unauthorized vehicles parked in those spaces, providing penalties; and providing other matters properly relating thereto.

 

[Approved June 3, 1981]

 

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

 

      Section 1.  Chapter 484 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  A person shall not park a vehicle in a space designated for the handicapped, whether on public or privately owned property, unless he is eligible to do so and the vehicle displays:

      (a) Special license plates for a handicapped person;

      (b) A parking permit for a handicapped person; or

      (c) An officially recognized emblem issued by this state or another jurisdiction indicating that the driver or a passenger in the vehicle is eligible.

      2.  A person shall not use such a plate, permit or emblem for a vehicle for the purpose of parking unless he is handicapped or is the driver of a vehicle in which a handicapped person is a passenger.

      3.  Any person who violates any provision of this section shall be punished by a fine of $25.

      Sec. 2.  NRS 487.038 is hereby amended to read as follows:

      487.038  1.  [The] Except as otherwise provided in subsection 3, the owner or person in lawful possession of any real property may, after giving notice as provided in subsection 2, utilize the services of any tow car operator subject to the jurisdiction of the public service commission of Nevada to remove any vehicle parked in an unauthorized manner on [such] that property to the nearest public garage or storage yard if:

      (a) A sign is displayed in plain view on the property declaring public parking to be prohibited or restricted in a certain manner; and

 


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ê1981 Statutes of Nevada, Page 986 (Chapter 484, AB 535)ê

 

      (b) [Such] The sign shows the telephone number of the police department or sheriff’s office.

      2.  Oral notice [shall] must be given to the police department or sheriff’s office whichever is appropriate, indicating:

      (a) The time the vehicle was removed;

      (b) The location from which the vehicle was removed; and

      (c) The location to which the vehicle was taken.

      3.  Any vehicle which is parked in a space designated for the handicapped and is not properly marked for such parking may be removed if notice is given to the police department or sheriff’s office pursuant to subsection 2, whether or not a sign is displayed pursuant to subsection 1.

      4.  All costs incurred, under the provisions of this section, for towing and storage [shall] must be borne by the owner of the vehicle, as that term is defined in NRS 484.091.

      [4.]5.  The provisions of this section do not limit or affect any rights or remedies which the owner or person in lawful possession of such real property may have by virtue of other provisions of the law authorizing the removal of a vehicle parked on such property.

 

________

 

 

CHAPTER 485, AB 693

Assembly Bill No. 693–Committee on Government Affairs

CHAPTER 485

AN ACT relating to the conveyance of real property; changing certain procedures for reconveying or otherwise disposing of surplus real property which was acquired by dedication, donation, the power of eminent domain or threat to exercise that power; and providing other matters properly relating thereto.

 

[Approved June 3, 1981]

 

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

 

      Section 1.  NRS 244.290 is hereby amended to read as follows:

      244.290  1.  The board of county commissioners of any county may reconvey [, upon such terms as may be prescribed by the order of the board,] all the right, title and interest of the county in and to any land donated [and dedicated] , dedicated, acquired in accordance with chapter 37 of NRS, or purchased under the threat of an eminent domain proceeding for a public park, public square, public landing, agricultural fairground, aviation field, automobile parking ground or facility for the accommodation of the traveling public, or land held in trust for the public for any other public use or uses, or any part thereof, to the person: [or persons, association or corporation from whom such land was acquired or to his, their or its heirs, assigns or successors, whether such]

      (a) By whom the land was donated or dedicated or to his heirs, assigns or successors, upon such terms as may be prescribed by a resolution of the board; or

      (b) From whom the land was acquired in accordance with the provisions of chapter 37 of NRS, or purchased under the threat of an eminent domain proceeding, or to his heirs, assigns or successors, for an amount equal to the appraised value of the land at the time of the reconveyance.

 


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ê1981 Statutes of Nevada, Page 987 (Chapter 485, AB 693)ê

 

domain proceeding, or to his heirs, assigns or successors, for an amount equal to the appraised value of the land at the time of the reconveyance.

The reconveyance may be made whether the land is held [solely] by the county solely or as tenant in common with any municipality or other political subdivision of this state under [dedication to the same public use or uses, in any case where such land has been theretofore donated and dedicated to the county, or to the county and such coowner, for any of the use or uses hereinbefore mentioned.

      2.  Prior to any such reconveyance, it must be determined by a resolution of the board of county commissioners that the maintenance by the county either solely or in connection with such coowner of such public park, public square, public landing, agricultural fairground, aviation field, automobile parking ground for the accommodation of the traveling public, or public land for the purposes specified in the instrument or instruments of donation or dedication, is unnecessarily burdensome upon the county, or that such reconveyance will be advantageous to the county and its citizens.

      3.  Upon the adoption of such resolution, without other formalities or requirements, a deed of reconveyance on behalf of the county shall be executed under the hand of the chairman of the board of county commissioners, attested by the county clerk under the seal of the county.

      4.  In one or more of the following circumstances, the board of county commissioners may sell to the highest bidder at a public sale land which has been donated and dedicated for public purposes as described in subsection 1 or may exchange such land for other land which is appraised at an equal value:

      (a) If the person, association or corporation which donated and dedicated the land to the county refuses, in writing, to accept a reconveyance of the land; or

      (b) If the person who donated and dedicated the land to the county is deceased.] the dedication.

      2.  If the county has a planning commission, the board shall refer the proposal for reconveyance to the planning commission which shall consider the proposal and submit its recommendation to the board.

      3.  The board shall hold at least one public hearing upon the proposal for reconveyance. Notice of the time and place of the hearing must be:

      (a) Published at least once in a newspaper of general circulation in the county;

      (b) Mailed to all owners of record of real property located within 300 feet of the land proposed for reconveyance; and

      (c) Posted in a conspicuous place on the property and, in this case, must set forth additionally the extent of the proposal for reconveyance.

The hearing must be held not less than 10 days nor more than 40 days after the notice is so published, mailed and posted.

      4.  If the board, after the hearing, determines that maintenance of the property by the county solely or with a coowner is unnecessarily burdensome or that reconveyance would be otherwise advantageous to the county and its citizens, the board shall formally adopt a resolution stating that determination. Upon the adoption of the resolution, the chairman of the board shall execute a deed of reconveyance on behalf of the county and the county clerk shall attest the deed under the seal of the county.

 


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ê1981 Statutes of Nevada, Page 988 (Chapter 485, AB 693)ê

 

the board shall execute a deed of reconveyance on behalf of the county and the county clerk shall attest the deed under the seal of the county.

      5.  The board may sell land which has been donated, dedicated, acquired in accordance with chapter 37 of NRS, or purchased under the threat of an eminent domain proceeding, for a public purpose described in subsection 1, or may exchange that land for other land of equal value, if:

      (a) The person from whom the land was received or acquired or his successor in interest refuses to accept the reconveyance or states in writing that he is unable to accept the reconveyance; or

      (b) The land has been combined with other land owned by the county and improved in such manner as would reasonably preclude the division of the land, together with the land with which it has been combined, into separate parcels.

      Sec. 2.  NRS 37.260 is hereby amended to read as follows:

      37.260  1.  [All] Any real property, [interests] interest therein or [improvements] improvement thereon which has been acquired [before or after April 23, 1969,] in accordance with the provisions of this chapter or [before or after April 23, 1969,] purchased under the threat of eminent domain proceedings [as in this chapter authorized shall be disposed of] by an association, commission, corporation, or political subdivision other than a county or incorporated city may be disposed of as surplus by that entity only in accordance with the provisions of this section. [, when the governing body of the corporation, association, commission or person in whose name the same was acquired or is held at the time of such disposition shall by resolution declare that such]

      2.  The governing body of the entity desiring to dispose of the property must first adopt a resolution declaring that the property is no longer required for the purposes for which [the same] it was acquired or for other reasonable public use.

      [2.  All such]

      3.  The property, [interests or improvements shall] interest or improvement must be sold by the [corporation, association, commission or person disposing of the same] entity to the highest bidder bidding for [such] the property, either at public auction or by sealed bids, the notice [of which] and terms of which [shall] must be published in a newspaper of general circulation in the county where [such] the property is situated at least once not less than 15 nor more than 45 days [prior to such] before the sale. When, in the opinion of the governing body of [such corporation, association, commission or person, such] the entity, the property cannot be sold by means of public auction or sealed bids without working an undue hardship upon a property owner, either as a result of a severance of [the] that owner’s property [of such owner] or a denial of access to a public street or highway, [such] the governing body may first offer [such] the property to [such] that owner at a price determined by [such] the governing body to be in the best interest of [such] the corporation, association, commission or [person.

      3.  It shall be] political subdivision.

      4.  It is conclusively presumed in favor of any purchaser for value and without notice of any such real property, interest therein or improvement thereon conveyed pursuant to this section that the [corporation, association, commission or person] entity disposing of [the same] it acted within its lawful authority in acquiring and disposing of [such] the property, and that the officers thereof acted within their lawful authority in executing any conveyance vesting title in [such] the purchaser.

 


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ê1981 Statutes of Nevada, Page 989 (Chapter 485, AB 693)ê

 

and without notice of any such real property, interest therein or improvement thereon conveyed pursuant to this section that the [corporation, association, commission or person] entity disposing of [the same] it acted within its lawful authority in acquiring and disposing of [such] the property, and that the officers thereof acted within their lawful authority in executing any conveyance vesting title in [such] the purchaser. All such conveyances [shall] must be quitclaim in nature and [shall] must not carry any warranty of title.

      Sec. 3.  NRS 268.050 is hereby amended to read as follows:

      268.050  1.  The governing body of any incorporated city in this state may reconvey [, upon such terms as may be prescribed by the order of the governing body,] all the right, title and interest of the city in and to any land donated [and dedicated] , dedicated, acquired in accordance with chapter 37 of NRS, or purchased under the threat of an eminent domain proceeding, for a public park, public square, public landing, agricultural fairground, aviation field, automobile parking ground or facility for the accommodation of the traveling public, or land held in trust for the public for any other public use or uses, or any part thereof, to the person [from] :

      (a) By whom the land was [acquired] donated or dedicated or to his heirs, assigns or successors [.] , upon such terms as may be prescribed by a resolution of the governing body; or

      (b) From whom the land was acquired in accordance with chapter 37 of NRS, or purchased under the threat of an eminent domain proceeding, or to his heirs, assigns or successors, for an amount equal to the appraised value of the land at the time of the reconveyance.

The reconveyance may be made whether the land is held by the city solely or as tenant in common with any other municipality or other political subdivision of this state under the dedication.

      2.  If the city has a planning commission, the governing body shall refer the proposal for reconveyance to the planning commission which shall consider the proposal and submit its recommendation to the governing body.

      3.  The governing body shall hold at least one public hearing upon the proposal for reconveyance. Notice of the time and place of the hearing must be:

      (a) Published at least once in a newspaper of general circulation in the city or county;

      (b) Mailed to all owners of record of real property located within 300 feet of the land proposed for reconveyance; and

      (c) Posted in a conspicuous place on the property and, in this case, must set forth additionally the extent of the proposal for reconveyance.

The hearing must be held not less than 10 days nor more than 40 days after the notice is so published, mailed and posted.

      4.  If the governing body, after the hearing, determines that maintenance of the property by the city solely or with a coowner is unnecesarily burdensome or that reconveyance would be otherwise advantageous to the city and its citizens, the governing body shall formerly adopt a resolution stating that determination. Upon the adoption of the resolution, the presiding officer of the governing body shall execute a deed of reconveyance on behalf of the city and the city clerk shall attest the deed under the seal of the city.

 


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ê1981 Statutes of Nevada, Page 990 (Chapter 485, AB 693)ê

 

on behalf of the city and the city clerk shall attest the deed under the seal of the city.

      5.  The governing body may sell land which has been donated [and dedicated] , dedicated, acquired in accordance with chapter 37 of NRS, or purchased under the threat of an eminent domain proceeding, for a public purpose described in subsection 1, or may exchange that land for other land of equal value, if [the donor] :

      (a) The person from whom the land was received or acquired or his successor in interest refuses to accept the reconveyance or states in writing that he is unable to accept the reconveyance [.] ; or

      (b) The land has been combined with other land owned by the city and improved in such a manner as would reasonably preclude the division of the land, together with the land with which it has been combined, into separate parcels.

      Sec. 4.  This act shall become effective on July 1, 1982.

 

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CHAPTER 486, SB 415

Senate Bill No. 415–Committee on Judiciary

CHAPTER 486

AN ACT relating to condominiums; expanding the definition of “condominium” so that mobile home parks are not excluded; and providing other matters properly relating thereto.

 

[Approved June 3, 1981]

 

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

 

      Section 1.  NRS 117.010 is hereby amended to read as follows:

      117.010  As used in this chapter:

      1.  “Common areas” means the entire project excepting all units therein granted or reserved.

      2.  “Condominium” means an estate in real property consisting of an undivided interest in common in portions of a parcel of real property together with [a] :

      (a) A separate interest in space in a residential, industrial or commercial building or industrial and commercial building on such real property, such as, but not restricted to, an apartment, office or store [.] ; or

      (b) A separate interest in air space only, without any building or structure, to be used for a mobile home.

A condominium may include in addition a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either [:

      (a) An] an estate of inheritance or perpetual estate [;

      (b) An] , an estate for life [: or

      (c) An] , or an estate for years.

      3.  “Project” means the entire parcel of real property divided or to be divided into condominiums, including all structures thereon.

      4.  “To divide” real property means to divide the ownership thereof by conveying one or more condominiums therein but less than the whole thereof.

 


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ê1981 Statutes of Nevada, Page 991 (Chapter 486, SB 415)ê

 

by conveying one or more condominiums therein but less than the whole thereof.

      5.  “Unit” means the elements of a condominium which are not owned in common with the owners of other condominiums in the project.

 

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CHAPTER 487, SB 471

Senate Bill No. 471–Committee on Commerce and Labor

CHAPTER 487

AN ACT relating to money orders; simplifying the procedure for the renewal of a license for sellers; repealing the requirement that an annual supplementary statement be made to the superintendent of banks; and providing other matters properly relating thereto.

 

[Approved June 3, 1981]

 

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

 

      Section 1.  NRS 671.070 is hereby amended to read as follows:

      671.070  1.  A license issued pursuant to this chapter expires [1 year after the date of its issuance,] on June 30 of the year following its issuance and thereafter expires on June 30 of each year, unless it is earlier surrendered, suspended or revoked.

      2.  The license may be renewed from year to year upon the approval of the superintendent if the licensee files an application conforming to the requirements for an initial application at least 60 days before the expiration of his current license.

      3.  An application for the renewal of the license must be accompanied by a fee of $200. No investigation fee may be charged for the renewal of the license.

      Sec. 2.  NRS 671.030 is hereby repealed.

      Sec. 3.  Section 1 of this act shall become effective at 12:01 a.m. on July 1, 1981.

 

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CHAPTER 488, SB 445

Senate Bill No. 445–Senator Blakemore

CHAPTER 488

AN ACT relating to school buses; exempting from specifications of the state board of education buses used primarily for transporting pupils to and from extracurricular activities if the buses meet certain federal standards; and providing other matters properly relating thereto.

 

[Approved June 3, 1981]

 

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

 

      Section 1.  NRS 392.400 is hereby amended to read follows:

      392.400  1.  All vehicles used in the transportation of pupils [shall] must be:

 


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ê1981 Statutes of Nevada, Page 992 (Chapter 488, SB 445)ê

 

      (a) In good condition and state of repair.

      (b) Well equipped, and [shall] must contain sufficient room and seats so that the driver and each pupil being transported [shall] have a seat inside the vehicle. Each pupil shall remain seated when the vehicle is in motion.

      (c) Inspected semiannually by the department of motor vehicles to [insure that such] ensure that the vehicles are mechanically safe and meet the minimum specifications established by the state board of education. The department of motor vehicles shall make written recommendations to the superintendent of schools of the school district wherein any such vehicle is operating for the correction of any defects discovered thereby.

      2.  If the superintendent of schools fails or refuses to take appropriate action to have such defects corrected within 10 days after receiving notice [thereof] of them from the department of motor vehicles, he [shall be] is guilty of a misdemeanor, and upon conviction thereof may be removed from office.

      3.  [All] Except as otherwise provided in subsection 4, all vehicles used for transporting pupils [shall] must meet the specifications [determined by] established by regulation of the state board of education.

      4.  Any bus which is purchased and used by a school district for the purpose of transporting pupils to and from extracurricular activities is exempt from the specifications adopted by the state board of education if the bus meets the federal safety standards for motor vehicles which were applicable at the time the bus was manufactured and delivered for introduction in interstate commerce.

      5.  Any person violating any of the requirements of this section is guilty of a misdemeanor.

      Sec. 2.  NRS 392.410 is hereby amended to read as follows:

      392.410  1.  When operated for the transportation of pupils to or from school, every school bus [shall] must be equipped with a flashing red-light system of a type approved by the department of motor vehicles, and installed at the expense of the school district or operator. The driver shall operate this signal:

      (a) When pupils are unloading from the bus.

      (b) When the bus is stopped for the purpose of loading pupils.

      (c) In times of emergency or accident.

      2.  In addition to the equipment required by subsection 1 [,] and except as provided in subsection 4 of NRS 392.400, each school bus [shall] must be equipped and identified as required by the regulations of the state board of education.

      3.  The agents and employees of the department of motor vehicles shall inspect school buses to determine [if] whether the provisions of this section concerning equipment and identification of such school buses have been complied with, and shall report any violations discovered thereby to the superintendent of schools of the school district wherein [such] the vehicles are operating.

      4.  If the superintendent of schools fails or refuses to take appropriate action to correct any such violation within 10 days after receiving notice of [such violation] it from the department of motor vehicles, he [shall be] is guilty of a misdemeanor, and upon conviction thereof shall be removed from office.

 


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ê1981 Statutes of Nevada, Page 993 (Chapter 488, SB 445)ê

 

      5.  Any person who violates any of the provisions [or requirements] of this section [shall be] is guilty of a misdemeanor.

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

 

________

 

 

CHAPTER 489, SB 22

Senate Bill No. 22–Committee on Human Resources and Facilities

CHAPTER 489

AN ACT relating to libraries; revising the laws governing the establishment, administration and financing of the state library, public libraries and law libraries; providing for local and statewide master plans for public libraries; removing certain limitations on taxes and expenditures for library purposes; authorizing the issuance of bonds for county library districts; providing for greater public access to legal books and materials; and providing other matters properly relating thereto.

 

[Approved June 3, 1981]

 

      Whereas, Information is a local, state and national resource which must be cultivated, organized and safeguarded as any other important resource; and

      Whereas, Publicly supported libraries of various types have been established and maintained to provide free access to information and related services for individual persons, business and industry, community and professional organizations and government agencies and institutions; and

      Whereas, The public libraries and information centers of counties, cities, towns and special districts provide materials for basic information, circulation and reference and also act as centers for educational, recreational and cultural activities, serving Nevadans of all ages, local and state government and private and public institutions and organizations; and

      Whereas, School libraries and media centers support and enrich the curriculum of the public schools for pupils at all grade levels, promote reading and teach pupils how to gain access to information as independent users of libraries; and

      Whereas, The academic libraries of the University of Nevada System, including libraries of the community colleges, are responsible for meeting the educational and research needs of the faculty and students they serve and also make their resources available to the general public, both directly and through the state information network; and

      Whereas, Special libraries provide materials to meet special needs in specific subject areas such as law and medicine and in institutions such as those for the mentally ill and for criminal offenders; and

      Whereas, The Nevada state library is responsible for meeting the informational and research needs of state government and for guiding and coordinating the development of libraries and library services in the state; and


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ê1981 Statutes of Nevada, Page 994 (Chapter 489, SB 22)ê

 

      Whereas, Certain changes in state law are needed to facilitate improvements in the services these libraries provide; now, therefore,

 

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

 

      Section 1.  Chapter 378 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  The state librarian is responsible for the statewide program of development and coordination of library and informational services.

      2.  He shall:

      (a) Collect, compile and publish statistics and information concerning the operation of libraries in the state.

      (b) Carry out continuing studies and analyses of library problems.

      (c) Maintain a clearinghouse of information, data and other materials in the field of library and informational services.

      (d) Provide advice and technical assistance to public libraries, other libraries, agencies of the state, political subdivisions, planning groups and other agencies and organizations.

      (e) Make available to public libraries advice and technical assistance with respect to programs of public relations.

      (f) Assist and cooperate with other state agencies and officials, local governments, federal agencies and organizations in carrying out programs involving library and informational services.

      (g) Encourage and assist the efforts of libraries and local governments to develop mutual and cooperative solutions to problems with respect to library and informational services.

      (h) Administer such funds as may be made available by the legislature for improvement of public library services, interlibrary cooperation or for other library and information-transfer services.

      (i) Subject to the approval of local governing bodies, designate certain libraries as resource center libraries and develop and encourage cooperative steps to link these centers with other libraries in a reference and information network.

      3.  He may contract with agencies, organizations, libraries, library schools, boards of education and universities, public and private, within or outside the state, for library services, facilities, research or any other related purpose.

      Sec. 3.  The state librarian shall develop:

      1.  Standards for public libraries which will serve as recommendations for those libraries with respect to services, resources, personnel and programs to p